{ "title": { "number": "22", "label": "EXAMINING BOARDS" }, "ruleCount": 2675, "rules": [ { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100568", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "A", "label": "SCOPE; DEFINITIONS" }, "rule": { "number": "§1.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200077", "queryAsDate": "03/11/2026" }, "ruleBody": "The Rules and Regulations of the Board are set forth for the purpose of interpreting and implementing the Architects' Registration Law.", "sourceNote": "Source Note: The provisions of this §1.1 adopted to be effective March 17, 1988, 13 TexReg 1137; amended to be effective March 6, 2003, 28 TexReg 1864." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200077&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200077", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "A", "label": "SCOPE; DEFINITIONS" }, "rule": { "number": "§1.5", "label": "Terms Defined Herein" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191266", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words, terms, and acronyms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) The Act--The Architects' Registration Law.(2) Administrative Procedure Act (APA)--Texas Government Code §§2001.001 et seq.(3) APA--Administrative Procedure Act.(4) Applicant--An individual who has submitted an application for registration or reinstatement but has not yet completed the registration or reinstatement process.(5) Architect--An individual who holds a valid Texas architectural registration certificate granted by the Board.(6) Architect Registration Examination (ARE)--The standardized test that a Candidate must pass in order to obtain a valid Texas architectural registration certificate.(7) Architect Registration Examination Financial Assistance Fund (AREFAF)--A program administered by the Board which provides monetary awards to Candidates and newly registered Architects who meet the program's criteria.(8) Architects' Registration Law--Chapter 1051, Texas Occupations Code.(9) Architectural Barriers Act--Texas Government Code, Chapter 469.(10) Architectural Experience Program--The comprehensive architectural experience program established, interpreted, and enforced by NCARB, or the predecessor Intern Development Program.(11) Architectural Intern--An individual enrolled in the Architectural Experience Program (AXP).(12) ARE--Architect Registration Examination.(13) AREFAF--Architect Registration Examination Financial Assistance Fund.(14) AXP--The Architectural Experience Program.(15) Barrier-Free Design--The design of a building or a facility or the design of an alteration of a building or a facility which complies with the Texas Accessibility Standards, the Americans with Disabilities Act, the Fair Housing Accessibility Guidelines, or similarly accepted standards for accessible design.(16) Board--Texas Board of Architectural Examiners.(17) Cancel, Cancellation, or Cancelled--The termination of a Texas architectural registration certificate by operation of law two years after it expires without renewal by the certificate-holder.(18) Candidate--An Applicant approved by the Board to take the ARE.(19) CEPH--Continuing Education Program Hour(s).(20) Chair--The member of the Board who serves as the Board's presiding officer.(21) Construction Documents--Drawings; specifications; and addenda, change orders, construction change directives, and other Supplemental Documents prepared for the purpose(s) of Regulatory Approval, permitting, or construction.(22) Consultant--An individual retained by an Architect who prepares or assists in the preparation of technical design documents issued by the Architect for use in connection with the Architect's Construction Documents.(23) Contested Case--A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.(24) Continuing Education Program Hour (CEPH)--At least fifty (50) minutes of time spent in an activity meeting the Board's continuing education requirements.(25) Council Certification--Certification granted by NCARB to architects who have satisfied certain standards related to architectural education, training, and examination.(26) Delinquent--A registration status signifying that an Architect:(A) has failed to remit the applicable renewal fee to the Board; and(B) is no longer authorized to Practice Architecture in Texas or use any of the terms restricted by the Architects' Registration Law.(27) Emeritus Architect (or Architect Emeritus)--An honorary title that may be used by an Architect who has retired from the Practice of Architecture in Texas pursuant to Texas Occupations Code, §1051.357.(28) Energy-Efficient Design--The design of a project and the specification of materials to minimize the consumption of energy in the use of the project. The term includes energy efficiency strategies by design as well as the incorporation of alternative energy systems.(29) Feasibility Study--A report of a detailed investigation and analysis conducted to determine the advisability of a proposed architectural project from a technical architectural standpoint.(30) Good Standing--(A) a registration status signifying that an Architect is not delinquent in the payment of any fees owed to the Board; or(B) an application status signifying that an Applicant or Candidate is not delinquent in the payment of any fees owed to the Board, is not the subject of a pending TBAE enforcement proceeding, and has not been the subject of formal disciplinary action by an architectural registration board that would provide a ground for the denial of the application for architectural registration in Texas.(31) Governmental Entity--A Texas state agency or department; a district, authority, county, municipality, or other political subdivision of Texas; or a publicly owned Texas utility.(32) Governmental Jurisdiction--A governmental authority such as a state, territory, or country beyond the boundaries of Texas.(33) Inactive--A registration status signifying that an Architect may not Practice Architecture in the State of Texas.(34) Institutional Residential Facility--A building intended for occupancy on a 24-hour basis by persons who are receiving custodial care from the proprietors or operators of the building. Hospitals, dormitories, nursing homes and other assisted living facilities, and correctional facilities are examples of buildings that may be Institutional Residential Facilities.(35) Licensed--Registered.(36) Member Board--An architectural registration board that is part of the nonprofit federation of architectural registration boards known as NCARB.(37) NAAB--National Architectural Accrediting Board.(38) National Architectural Accrediting Board (NAAB)--An agency that accredits architectural degree programs in the United States.(39) National Council of Architectural Registration Boards (NCARB)--A nonprofit federation of architectural registration boards from fifty-four (54) states and territories of the United States.(40) NCARB--National Council of Architectural Registration Boards.(41) Nonregistrant--An individual who is not an Architect.(42) Practice Architecture--Perform or do or offer or attempt to do or perform any service, work, act, or thing within the scope of the Practice of Architecture.(43) Practicing Architecture--Performing or doing or offering or attempting to do or perform any service, work, act, or thing within the scope of the Practice of Architecture.(44) Practice of Architecture--A service or creative work applying the art and science of developing design concepts, planning for functional relationships and intended uses, and establishing the form, appearance, aesthetics, and construction details for the construction, enlargement, or alteration of a building or environs intended for human use or occupancy, the proper application of which requires education, training, and experience in those matters.(A) The term includes:(i) establishing and documenting the form, aesthetics, materials, and construction technology for a building, group of buildings, or environs intended to be constructed or altered;(ii) preparing or supervising and controlling the preparation of the architectural plans and specifications that include all integrated building systems and construction details, unless otherwise permitted under Texas Occupations Code, §1051.606(a)(4); and(iii) observing the construction, modification, or alteration of work to evaluate conformance with architectural plans and specifications described in clause (ii) of this subparagraph for any building, group of buildings, or environs requiring an architect.(B) The term \"practice of architecture\" also includes the following activities which, pursuant to Texas Occupations Code §1051.701(a), may be performed by a person who is not registered as an Architect:(i) programming for construction projects, including identification of economic, legal, and natural constraints and determination of the scope and spatial relationship of functional elements;(ii) recommending and overseeing appropriate construction project delivery systems;(iii) consulting, investigating, and analyzing the design, form, aesthetics, materials, and construction technology used for the construction, enlargement, or alteration of a building or environs and providing expert opinion and testimony as necessary;(iv) research to expand the knowledge base of the profession of architecture, including publishing or presenting findings in professional forums; and(v) teaching, administering, and developing pedagogical theory in academic settings offering architectural education.(45) Principal--An architect who is responsible, either alone or with other architects, for an organization's Practice of Architecture.(46) Prototypical--From or of an architectural design intentionally created not only to establish the architectural parameters of a building or facility to be constructed but also to serve as a functional model on which future variations of the basic architectural design would be based for use in additional locations.(47) Public Entity--A state, a city, a county, a city and county, a district, a department or agency of state or local government which has official or quasi-official status, an agency established by state or local government though not a department thereof but subject to some governmental control, or any other political subdivision or public corporation.(48) Registered--Licensed.(49) Registrant--Architect.(50) Regulatory Approval--The approval of Construction Documents by the applicable Governmental Entity after a review of the architectural content of the Construction Documents as a prerequisite to construction or occupation of a building or a facility.(51) Reinstatement--The procedure through which a Surrendered or revoked Texas architectural registration certificate is restored.(52) Renewal--The procedure through which an Architect pays a periodic fee so that the Architect's registration certificate will continue to be effective.(53) Responsible Charge--That degree of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the applicable architectural standard of care.(54) Revocation or Revoked--The termination of an architectural registration certificate by the Board.(55) Rules and Regulations of the Board--22 Texas Administrative Code §§1.1 et seq.(56) Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1 et seq.(57) Secretary-Treasurer--The member of the Board responsible for signing the official copy of the minutes of each Board meeting and maintaining the record of Board members' attendance at Board meetings.(58) Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.(59) SOAH--State Office of Administrative Hearings.(60) Sole Practitioner--An Architect who is the only design professional to offer or render architectural services on behalf of a business entity.(61) State Office of Administrative Hearings (SOAH)--A Governmental Entity created to serve as an independent forum for the conduct of adjudicative hearings involving the executive branch of Texas government.(62) Supervision and Control--The amount of oversight by an architect overseeing the work of another whereby:(A) the architect and the individual performing the work can document frequent and detailed communication with one another and the architect has both control over and detailed professional knowledge of the work; or(B) the architect is in Responsible Charge of the work and the individual performing the work is employed by the architect or by the architect's employer.(63) Supplemental Document--A document that modifies or adds to the technical architectural content of an existing Construction Document.(64) Surrender--The act of relinquishing a Texas architectural registration certificate along with all privileges associated with the certificate.(65) Sustainable Design--An integrative approach to the process of design which seeks to avoid depletion of energy, water, and raw material resources; prevent environmental degradation caused by facility and infrastructure developments during their implementation and over their life cycle; and create environments that are livable and promote health, safety and well-being. Sustainability is the concept of meeting present needs without compromising the ability of future generations to meet their own needs.(66) TBAE--Texas Board of Architectural Examiners.(67) TDLR--Texas Department of Licensing and Regulation.(68) Texas Department of Licensing and Regulation (TDLR)--A Texas state agency responsible for the implementation and enforcement of the Texas Architectural Barriers Act.(69) Vice-Chair--The member of the Board who serves as the assistant presiding officer and, in the absence of the Chair, serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds the Chair until a new Chair is appointed.", "sourceNote": "Source Note: The provisions of this §1.5 adopted to be effective March 17, 1988, 13 TexReg 1137; amended to be effective March 16, 1990, 15 TexReg 1149; amended to be effective February 8, 1991, 16 TexReg 456; amended to be effective December 6, 1995, 20 TexReg 9845; amended to be effective June 30, 1997, 22 TexReg 5920; amended to be effective April 5, 2000, 25 TexReg 2807; amended to be effective February 27, 2001, 26 TexReg 1708; amended to be effective March 6, 2003, 28 TexReg 1864; amended to be effective March 30, 2006, 31 TexReg 2453; amended to be effective April 3, 2008, 33 TexReg 2687; amended to be effective December 14, 2008, 33 TexReg 10157; amended to be effective June 21, 2009, 34 TexReg 3946; amended to be effective February 21, 2011, 36 TexReg 926; amended to be effective September 25, 2012, 37 TexReg 7480; amended to be effective June 21, 2016, 41 TexReg 4487; amended to be effective January 11, 2017, 42 TexReg 11; amended to be effective June 21, 2018, 43 TexReg 3884; amended to be effective July 8, 2020, 45 TexReg 4512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191266", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§1.21", "label": "Registration by Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191267", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to obtain architectural registration by examination in Texas, an Applicant:(1) shall have a professional degree from:(A) an architectural education program accredited by the National Architectural Accreditation Board (NAAB),(B) an architectural education program that became accredited by NAAB not later than two years after the Applicant's graduation,(C) an architectural education program that was granted candidacy status by NAAB and became accredited by NAAB not later than three years after the Applicant's graduation, or(D) an architectural education program outside the United States where an evaluation by NAAB or another organization acceptable to the Board has concluded that the program is substantially equivalent to an NAAB accredited professional program;(2) shall successfully demonstrate completion of the Architectural Experience Program (AXP); and(3) shall successfully complete the architectural registration examination as more fully described in Subchapter C.(b) An Applicant who applies for architectural registration by examination on or before August 31, 2011 is not required to complete the Architectural Experience Program (AXP) if the Applicant successfully demonstrates that prior to January 1, 1984, he/she acquired at least eight (8) years of acceptable architectural experience or eight (8) years of a combination of acceptable education and experience. This subsection is repealed effective September 1, 2011.(c) An Applicant who applies for architectural registration by examination on or before August 31, 2011 and who commenced his/her architectural education or experience prior to September 1, 1999, shall be subject to the rules and regulations relating to educational and experiential requirements as they existed on August 31, 1999. This subsection is repealed effective September 1, 2011.(d) For purposes of this section, an Applicant shall be considered to have \"commenced\" his/her architectural education upon enrollment in an acceptable architectural education program. This subsection is repealed effective September 1, 2011.(e) In accordance with federal law, the Board must verify proof of legal status in the United States. Each Applicant shall provide evidence of legal status by submitting a certified copy of a United States birth certificate or other documentation that satisfies the requirements of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. A list of acceptable documents may be obtained by contacting the Board's office.", "sourceNote": "Source Note: The provisions of this §1.21 adopted to be effective January 1, 1976; amended to be effective February 19, 1980, 5 TexReg 385; amended to be effective February 12, 1982, 7 TexReg 509; amended to be effective March 17, 1988, 13 TexReg 1138; amended to be effective February 8, 1991, 16 TexReg 457; amended to be effective March 26, 1992, 17 TexReg 1910; amended to be effective March 23, 1994, 19 TexReg 1654; amended to be effective December 8, 1995, 20 TexReg 9845; amended to be effective September 19, 1996, 21 TexReg 8659; amended to be effective June 30, 1997, 22 TexReg 5920; amended to be effective April 20, 2000, 25 TexReg 3249; amended to be effective October 10, 2001, 26 TexReg 7834; amended to be effective April 4, 2004, 29 TexReg 3460; amended to be effective March 30, 2006, 31 TexReg 245; amended to be effective July 13, 2008, 33 TexReg 5317; amended to be effective February 21, 2011, 36 TexReg 927; amended to be effective June 21, 2018, 43 TexReg 3884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191267", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§1.22", "label": "Registration by Reciprocal Transfer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89562", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may apply for architectural registration by reciprocal transfer if the person holds an architectural registration that is active and in good standing in another jurisdiction and the other jurisdiction:(1) has licensing or registration requirements substantially equivalent to Texas registration requirements; or(2) has entered into a reciprocity agreement with the Board that has been approved by the Governor of Texas.(b) In order to obtain architectural registration by reciprocal transfer, an Applicant must demonstrate the following:(1) the Applicant has:(A) successfully completed the Architect Registration Examination (ARE) or another architectural registration examination which the National Council of Architectural Registration Boards (NCARB) has approved as conforming to NCARB's examination standards; and(B) successfully completed the requirements of the Architectural Experience Program (AXP) or acquired at least three years of acceptable architectural experience following registration in another jurisdiction; or(2) the Applicant has been given Council Certification by NCARB and such Council Certification is not currently in an expired or revoked status.(c) An Applicant for architectural registration by reciprocal transfer must remit the required registration fee to the Board within 60 days after the date of the tentative approval letter sent to the Applicant by the Board.", "sourceNote": "Source Note: The provisions of this §1.22 adopted to be effective October 10, 2001, 26 TexReg 7835; amended to be effective April 4, 2004, 29 TexReg 3460; amended to be effective November 23, 2014, 39 TexReg 9006; amended to be effective March 22, 2016, 41 TexReg 2159; amended to be effective June 21, 2018, 43 TexReg 3884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89562", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§1.23", "label": "Application Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89563", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant for architectural registration by examination must apply through NCARB. The Applicant is responsible for having NCARB transmit to the Board a completed application with all required supporting documentation.(b) An Applicant for architectural registration by reciprocal transfer may apply through NCARB or through the Board's direct application process. If the Applicant applies through NCARB, the Applicant is responsible for having NCARB transmit to the Board a completed application with all required supporting documentation.(c) Upon receipt of the completed application and all required supporting documentation and receipt of the required application fee, the Board shall evaluate the Applicant's application materials. The Board may require additional information or documentation from the Applicant.(d) The Board will notify each Applicant in writing regarding the approval or rejection of the Applicant's application.(e) Pursuant to the provisions of §231.302 of the Texas Family Code, each Applicant shall submit his/her social security number to the Board. The Applicant's social security number shall be considered confidential as stated in §231.302(e) of the Texas Family Code.(f) The Board may take action against an Applicant or Candidate pursuant to Section 1.151.", "sourceNote": "Source Note: The provisions of this §1.23 adopted to be effective October 10, 2001, 26 TexReg 7836." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89563", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§1.25", "label": "Pending Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200080", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A properly submitted application for registration by examination will be effective for three years from the date it is received by the Board. After three years, the Board may require the Applicant or Candidate to update the application or reapply.(b) Each Candidate approved for examination must pay an annual record maintenance fee as prescribed by the Board or the Candidate's application file will be closed. A Candidate may reopen an application file that was closed pursuant to this section only after payment of a fee equal to the sum of the record maintenance fees for the current year and each year the file has been closed plus any costs directly related to the reopening of the application file. An application file that has been closed for five years or longer may not be reopened.", "sourceNote": "Source Note: The provisions of this §1.25 adopted to be effective October 10, 2001, 26 TexReg 7837." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200080", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§1.26", "label": "Preliminary Evaluation of Criminal History" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200079", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant, Candidate or a person enrolled or planning to enroll in an accredited architectural educational program may make a written request to the Board's executive director for a preliminary criminal history evaluation letter which states the person's eligibility for registration under §1.149 of this chapter (relating to Criminal Convictions).(b) A person who requests a criminal history evaluation shall provide the following information:(1) a statement describing the offenses for which the requestor has a criminal history;(2) any court documents including, but not limited to, indictments, orders of deferred adjudication, judgments, probation records, and evidence of completion of probation, if applicable;(3) the names and contact information of the parole or probation department, if any, to which the requestor reports; and(4) the required fee for determining eligibility.(c) Within 90 days after receiving a request which complies with subsection (b) of this section, the executive director shall issue a criminal history evaluation letter which states:(1) a determination that a ground for ineligibility based upon criminal conduct does not exist; or(2) a determination that the requestor is ineligible due to criminal conduct and a specific explanation of the basis for that determination, including any factor considered under §1.149(c) or (d) of this chapter that served as the basis for the determination.(d) For purposes of determining eligibility for registration, a record of conviction is conclusive evidence of guilt. The Board may not consider a conviction in determining eligibility for registration upon receipt of proof that the conviction or an order of probation with or without adjudication of guilt has been reversed or set aside.(e) In the absence of evidence that was not disclosed by the requestor or reasonably available when a request for a criminal history evaluation was under consideration, the executive director's criminal history evaluation letter is a final determination regarding the requestor's eligibility for registration. If found to be ineligible for registration, a requestor may not apply for registration until one year after the date the letter is issued. A requestor who is determined to be ineligible may:(1) submit a request for reconsideration of the determination of ineligibility based upon evidence that was not disclosed or reasonably available to the agency at the time the determination was made;(2) submit a new request for an evaluation no sooner than one year after the date upon which the criminal history evaluation letter was issued; or(3) request a hearing on the determination made in the executive director's criminal history evaluation letter. A hearing conducted pursuant to this section is subject to the Administrative Procedure Act, Chapter 2001, Government Code.(f) The Board shall issue a final order on the determination made in the criminal history evaluation after consideration of a proposal for decision issued by an administrative law judge at the State Office of Administrative Hearings. The Board's final order must specify findings of fact and conclusions of law, stated separately, regarding the person's eligibility for registration in light of his or her criminal history record.(g) A person who is found to be ineligible by a final order of the Board may not file another request for a criminal history evaluation or apply for registration until three (3) years after the date of the Board's final order. However, a person may request reconsideration of the final order based upon evidence that was not disclosed or reasonably available to the Board at the time the final order was issued.", "sourceNote": "Source Note: The provisions of this §1.26 adopted to be effective November 29, 2010, 35 TexReg 10504; amended to be effective July 8, 2020, 45 TexReg 4513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200079", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§1.27", "label": "Provisional Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167479&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167479", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall grant a Certificate of Registration or a provisional Certificate of Registration to an otherwise qualified Candidate who has been convicted of an offense that:(1) is not directly related to the Practice of Architecture as determined by the executive directory under §1.149 of this chapter (relating to Criminal Convictions);(2) is not an offense listed in Article 42A.054, Code of Criminal Procedure; and(3) is not a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.(b) A provisional Certificate of Registration expires six (6) months after the date it is issued.(c) A provisional Certificate of Registration may be Revoked for the following reasons:(1) The provisional Registrant commits another offense during the 6-month provisional registration period;(2) The provisional Registrant's community supervision, mandatory supervision, or parole is Revoked; or(3) The provisional Registrant violates a statute or rule enforced by the Board.(d) A provisional Registrant who is subject to community supervision, mandatory supervision, or parole shall provide the Board name and contact information of the probation or parole department to which the provisional Registrant reports. The Board shall provide notice to the department upon the issuance of the provisional Certificate of Registration, as well as any terms, conditions or limitations upon the provisional Registrant's practice.(e) Upon successful completion of the provisional Registration period, the Board shall issue a Certificate of Registration to the provisional Registrant. If a provisional Registrant's provisional Certificate is Revoked, the provisional Registrant is disqualified from receiving a Certificate of Registration and may not apply for a Certificate of Registration for a period of three (3) years from the date of Revocation.", "sourceNote": "Source Note: The provisions of this §1.27 adopted to be effective November 29, 2010, 35 TexReg 10504; amended to be effective July 8, 2020, 45 TexReg 4513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167479&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167479", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§1.28", "label": "Child Support Arrearage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217154", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Texas Family Code §232.0135, the Board shall not approve an application for registration from an Applicant who has failed to pay court ordered child support. The Board shall refuse to approve such an application upon receipt of notice of the child support arrearage from the child support agency until receipt of notice from the agency that the arrearage has been paid or other conditions specified in Texas Family Code §232.0135 have been met.", "sourceNote": "Source Note: The provisions of this §1.28 adopted to be effective June 8, 2014, 39 TexReg 4250." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217154", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§1.29", "label": "Registration of a Military Service Member, Military Veteran, or Military Spouse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223679", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) \"Active duty\" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.(2) \"Armed forces of the United States\" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) \"Military service member\" means a person who is on active duty.(4) \"Military spouse\" means a person who is married to a military service member.(5) \"Military veteran\" means a person who has served on active duty and who was discharged or released from active duty.(b) Architectural registration eligibility requirements for military service members, military veterans, and military spouses.(1) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.(2) An Applicant who is a military service member, military veteran, or military spouse may be eligible for registration if the Applicant:(A) Holds an active architectural registration issued by another jurisdiction that has licensing or registration requirements that are substantially equivalent to the requirements for registration in this state; or(B) Held an active architectural registration in this state within the five years preceding the application.(3) Not later than 30 days after a military service member, military veteran, or military spouse files an application for registration, the Board shall process the application, and if the applicant qualifies for registration under this subsection, issue the registration.(4) This subsection does not apply if the Applicant holds a restricted registration issued by another jurisdiction or has an unacceptable criminal history.(c) Alternative temporary registration procedure for an individual who is a military service member or military spouse.(1) An individual who is a military service member or military spouse may qualify for a temporary architectural registration if the individual:(A) holds a current architectural license or registration in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements for architectural registration in this state;(B) notifies the Board in writing of the individual's intent to practice Architecture in this state;(C) submits to the Board required information to demonstrate eligibility for temporary architectural registration; and(D) receives a verification letter from the Board that:(i) the Board has verified the individual's license or registration in the other jurisdiction; and(ii) the individual is issued a temporary architectural registration.(2) The Board will review and evaluate the following criteria when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for an architectural registration in Texas:(A) whether the other jurisdiction requires an applicant to pass the Architect Registration Examination (ARE);(B) any experience qualifications required by the jurisdiction to obtain the license or registration; and(C) any education credentials required by the jurisdiction to obtain the license or registration.(3) The individual must submit the following information to the Board to demonstrate eligibility for temporary architectural registration:(A) a written request for the Board to review the individual's eligibility for temporary architectural registration;(B) sufficient documentation to verify that the individual is currently licensed or registered in good standing in another jurisdiction and has no restrictions, pending enforcement actions, or unpaid fees or penalties relating to the license or registration;(C) proof of residency in this state;(D) a copy of the individual's military identification card; and(E) proof the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas.(4) Not later than the 30th day after the date an individual submits the information described by paragraph (3) of this subsection, the Board shall provide the verification described by paragraph (1)(D) of this subsection if the individual is eligible for a temporary registration under this subsection.(5) A temporary architectural registration issued under this subsection expires three years from the date of issuance or when the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is no longer stationed at a military installation in Texas, whichever occurs first. The registration may not be renewed.(6) In the event of a divorce or similar event that affects an individual's status as a military spouse, the spouse's registration will continue in effect until the registration expires three years from the date of issuance.(7) Except as provided under this subsection, an individual who receives a temporary architectural registration under this subsection is subject to and shall comply with all applicable laws, rules, and standards governing the Practice of Architecture in this state.(8) A temporary architectural registration issued under this subsection may be revoked if the individual:(A) fails to comply with paragraph (7) of this subsection; or(B) the individual's license or registration required under paragraph (1)(A) of this subsection expires or is suspended or revoked.(9) The Board shall not charge a fee for the issuance of a temporary architectural registration under this subsection.", "sourceNote": "Source Note: The provisions of this §1.29 adopted to be effective November 23, 2014, 39 TexReg 9006; amended to be effective March 22, 2016, 41 TexReg 2159; amended to be effective April 5, 2020, 45 TexReg 2181; amended to be effective March 28, 2024, 49 TexReg 1929." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223679", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§1.41", "label": "Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89560", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Every Applicant for architectural registration by examination in Texas must successfully complete all sections of the Architect Registration Examination (ARE).(b) The Board may approve an Applicant to take the ARE only after the Applicant has completed the educational requirements for architectural registration by examination in Texas, has enrolled in the Architectural Experience Program (AXP) by establishing a council record with NCARB, and has submitted the required application materials.(c) An Applicant may take the ARE at any official ARE testing center but must satisfy all Texas registration requirements in order to obtain architectural registration by examination in Texas.(d) Each Candidate must achieve a passing score in each division of the ARE. Scores from individual divisions may not be averaged to achieve a passing score.(e) An examination fee may be refunded as follows:(1) The application fee paid to the Board is not refundable or transferable.(2) The Board, on behalf of a Candidate, may request a refund of a portion of the examination fee paid to the national examination provider for scheduling all or a portion of the registration examination. A charge for refund processing may be withheld by the national examination provider. Refunds of examination fees are subject to the following conditions:(A) A Candidate, because of extreme hardship, must have been precluded from scheduling or taking the examination or a portion of the examination. For purposes of this subsection, extreme hardship is defined as a serious illness or accident of the Candidate or a member of the Candidate's immediate family or the death of an immediate family member. Immediate family members include the spouse, child(ren), parent(s), and sibling(s) of the Candidate. Any other extreme hardship may be considered on a case-by-case basis.(B) A written request for a refund based on extreme hardship must be submitted not later than thirty (30) days after the date the examination or portion of the examination was scheduled or intended to be scheduled. Documentation of the extreme hardship that precluded the applicant from scheduling or taking the examination must be submitted by the Candidate as follows:(i) Illness: verification from a physician who treated the illness.(ii) Accident: a copy of an official accident report.(iii) Death: a copy of a death certificate or newspaper obituary.(C) Approval of the request and refund of the fee or portion of the fee by the national examination provider.(3) An examination fee may not be transferred to a subsequent examination.", "sourceNote": "Source Note: The provisions of this §1.41 adopted to\r\nbe effective October 10, 2001, 26 TexReg 7838; amended to be effective\r\nApril 4, 2004, 29 TexReg 3461; amended to be effective April 3, 2008,\r\n33 TexReg 2690; amended to be effective June 21, 2018, 43 TexReg 3884;\r\namended to be effective January 26, 2025, 50 TexReg 471." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89560", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§1.42", "label": "Scoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214978", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An explanation of the scoring procedures for the ARE shall be provided to each Candidate prior to examination.(b) A Candidate's ARE scores shall be determined by the entity that administers the examination. The Board shall not review any ARE score to determine its validity.(c) If, for any reason, a Candidate takes a section or sections of the ARE but does not receive a score for the section or sections, the Board shall have no liability beyond authorizing the Candidate to retake the section or sections with the corresponding fee waived.", "sourceNote": "Source Note: The provisions of this §1.42 adopted to be effective October 10, 2001, 26 TexReg 7838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214978", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§1.43", "label": "Reexamination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to qualify for registration by examination, a Candidate must schedule and pass all sections of the Architect Registration Examination (ARE) within the time period required by NCARB.(b) If a Candidate has successfully passed a section of the examination that has expired under NCARB requirements, the Candidate may request an extended period of validity for that section of the examination if, within one year prior to the date the section expired:(1) The Candidate gave birth to, or adopted a child;(2) The Candidate developed a serious medical condition; or(3) The Candidate commenced active duty service as a member of the United States military.(c) If a Candidate gave birth to or adopted a child, the Candidate may receive an extended period of validity of up to six months for an expired examination section.(d) If a Candidate developed a serious medical condition, the Candidate may receive an extended period of validity of up to six months for an expired examination section if the serious medical condition reasonably prevented the Candidate from preparing for or taking the examination.(e) If a Candidate commenced active duty service as a member of the United States military, the Candidate may receive an extended period of validity for an expired examination section equal to the length of time the Candidate was on active duty.(f) Any request for an extension under this section must be received within six months of the expiration of the exam section and must be approved by the Board.", "sourceNote": "Source Note: The provisions of this §1.43 adopted to be effective October 10, 2001, 26 TexReg 7838; amended to be effective March 16, 2005, 30 TexReg 1443; amended to be effective October 18, 2009, 34 TexReg 7068; amended to be effective November 23, 2014, 39 TexReg 9006; amended to be effective September 6, 2023, 48 TexReg 4855." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214979", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§1.44", "label": "Transfer of Passing Scores" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "108979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Candidate's examination score may be transferred from one NCARB member board to another. The acceptance of the Candidate's score by the board receiving the score shall terminate the Candidate's application with the board transferring the score so that the Candidate has an application pending in only one (1) jurisdiction at any given time. In order to be approved for architectural registration in Texas, a Candidate whose examination score is transferred to Texas must satisfy all requirements for architectural registration in Texas in effect at the time the examination score is transferred.(b) If a Candidate's examination score is transferred from another member board and accepted by the Board, the Candidate must pass all sections of the examination within the time period required by NCARB, as described by §1.43 of this chapter (relating to Reexamination).", "sourceNote": "Source Note: The provisions of this §1.44 adopted to be effective October 10, 2001, 26 TexReg 7838; amended to be effective April 3, 2008, 33 TexReg 2690; amended to be effective September 6, 2023, 48 TexReg 4855." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "108979", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§1.45", "label": "Special Accommodations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131058", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with the Americans with Disabilities Act (ADA), every registration examination must be conducted in an accessible place and manner, or alternative accessible arrangements must be afforded so that no qualified individual with a disability is unreasonably denied the opportunity to complete the licensure process because of his/her disability.(b) Special accommodations can be provided for examinees with physical or mental impairments that substantially limit major life activities. Available accommodations include the modification of examination procedures and the provision of auxiliary aids and services designed to furnish an individual with a disability an equal opportunity to demonstrate his/her knowledge, skills, and ability.(c) The Board is not required to approve every request for accommodation or auxiliary aid or provide every accommodation or service as requested. The Board is not required to grant a request for accommodation if doing so would fundamentally alter the measurement of knowledge or the measurement of a skill intended to be tested by the examination or would create an undue financial or administrative burden.(d) Procedure for requesting accommodation:(1) To protect the integrity of the testing process, an Applicant requesting an accommodation must submit documentation regarding the existence of a disability and the reason the requested accommodation is necessary to provide the Applicant with an equal opportunity to exhibit his/her knowledge, skills, and ability through the examination. The Board shall evaluate each request on a case-by-case basis.(2) An Applicant requesting an accommodation must have a licensed health care professional or other qualified evaluator provide certification regarding the disability as described in Subsection (e) of this section.(3) An Applicant seeking an accommodation must make a request for accommodation on the prescribed form and provide documentation of the need for accommodation well in advance of the examination date. If the form is submitted less than sixty (60) days prior to the examination date, the Board will attempt to process the request but might not be able to provide the necessary accommodation for the next examination.(e) The following information is required to support a request for an accommodation or an auxiliary aid:(1) Identification of the type of disability (physical, mental, learning);(2) Credential requirements of the evaluator:(A) For physical or mental disabilities (not including learning), the evaluator shall be a licensed health care professional qualified to assess the type of disability claimed. If a person who does not fit these criteria completes the evaluation, the Board may reject the evaluation and require another evaluation, and the request for accommodation may be delayed.(B) In the case of learning disabilities, a qualified evaluator shall have sufficient experience to be considered qualified to evaluate the existence of learning disabilities and proposed accommodations needed for specific learning disabilities. The evaluator shall be one of the following:(i) a licensed physician or psychologist with a minimum of three years' experience working with adults with learning disabilities; or(ii) another professional who possesses a master's or doctorate degree in special education or educational psychology and who has at least three years of equivalent training and experience in all of the areas described below:(I) assessing intellectual ability and interpreting tests of such ability;(II) screening for cultural, emotional, and motivational factors;(III) assessing achievement level; and(IV) administering tests to measure attention and concentration, memory, language reception and expression, cognition, reading, spelling, writing, and mathematics.(3) Professional verification of the disability, which shall include a description of:(A) the nature and extent of the disability, including a description of its effect on major life activities and the anticipated duration of the impairment;(B) the effect of the disability on the applicant's ability to:(i) evaluate written material;(ii) complete graphic sections of the examination by drawing, drafting, and lettering; and(iii) complete computerized sections of the examination that require data entry via keyboard and the manipulation of a mouse.(C) whether the disability limits the amount of time the Applicant can spend on specific examination tasks;(D) the recommended accommodation and how it relates to the applicant's disability;(E) the professional's name, title, telephone number, and his/her original signature;(F) any other information necessary, in the professional's opinion, to enable the exam provider to understand the examinee's disability and the accommodation necessary to enable the examinee to demonstrate his/her knowledge, skills, and ability.(f) Documentation supporting an accommodation shall be valid for five (5) years from the date submitted to the Board except that no further documentation shall be required where the original documentation clearly states that the disability will not change in the future.(g) The Board has the responsibility to evaluate each request for accommodation and to approve, deny, or suggest alternative reasonable accommodations. The Board may consider an Applicant's history of accommodation in determining its reasonableness in relation to the currently identified impact of the disability.(h) Information related to a request for accommodation shall be kept confidential to the extent provided by law.", "sourceNote": "Source Note: The provisions of this §1.45 adopted to be effective April 4, 2004, 29 TexReg 3461." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131058", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§1.52", "label": "Financial Assistance to ARE Candidates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89566", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The fund established by the 76th Texas Legislature to provide financial assistance to Texas ARE Candidates shall be administered by the Board or, if authorized by law, by an independent scholarship administrator approved by the Board. As mandated by §1051.653 of the Texas Occupations Code, the Architect Registration Examination Financial Assistance Fund (AREFAF) shall be funded by a mandatory fee from all Texas registered Architects.(b) A one-time maximum award of $500 shall be awarded to each approved applicant. Each scholarship recipient shall meet the following criteria:(1) Each scholarship recipient shall be a Texas resident who has resided in Texas for at least 18 months immediately preceding the date the recipient submitted his or her application for the AREFAF award;(2) Each scholarship recipient shall be a Candidate in good standing or shall be an Architect who completed the ARE during the 12-month period immediately preceding the date of application for the AREFAF award;(3) Each scholarship recipient shall demonstrate that the examination fee for the ARE would pose or has posed a financial hardship for him or her; and(4) Each scholarship recipient shall have attained passing scores on sections of the ARE for which the combined fees total at least $500.(c) The Board shall not award an AREFAF scholarship to any of the following persons:(1) any member of the Board;(2) any employee of the Board;(3) any person who assists in the administration of the AREFAF;(4) any current or former member of the Texas Legislature; or(5) any family member of any person described in subsection (c)(1), (c)(2), (c)(3), or (c)(4)of this section.(d) Each applicant shall apply for an AREFAF award on an authorized form available in the Board's office or from an independent scholarship administrator that has been approved to administer the AREFAF.(e) Each applicant shall be notified of the approval or rejection of the applicant's AREFAF application. Rejection of an application shall include an explanation of the reason for rejection.", "sourceNote": "Source Note: The provisions of this §1.52 adopted to be effective February 27, 2001, 26 TexReg 1709; amended to be effective July 18, 2007, 32 TexReg 4394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89566", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§1.61", "label": "Issuance of Certificates of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89568", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certificates of registration shall be issued to individuals who have satisfied the registration requirements as described in the Architects' Registration Law and the Rules and Regulations of the Board.(b) Each certificate of registration issued by the Board shall identify the Architect by name and registration number, indicate the effective date of the registration, and acknowledge the Architect's right to practice architecture in Texas.", "sourceNote": "Source Note: The provisions of this §1.61 adopted to be effective October 10, 2001, 26 TexReg 7840." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89568", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§1.62", "label": "Display of Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89570", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each Architect holding an active certificate of registration shall display it at his/her office. If an Architect maintains an office in more than one (1) location, the Architect shall display a duplicate certificate at each additional location.(b) A duplicate certificate may be obtained only by filing with the Board an application for a duplicate certificate and paying a fee as prescribed by the Board. An Architect may not copy his/her certificate of registration in order to display it.", "sourceNote": "Source Note: The provisions of this §1.62 adopted to be effective October 10, 2001, 26 TexReg 7840." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89570", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§1.64", "label": "Surrender of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200078", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect may voluntarily surrender his/her registration by submitting to the Board a written notice of the voluntary surrender that has been signed by the Architect. The voluntary surrender of a registration shall invalidate the registration. A registration that has been voluntarily surrendered may be reinstated in the manner described in Section 1.66.(b) Upon receipt of written notice from the Board requiring the surrender of a certificate of registration that has been suspended or revoked pursuant to the Rules and Regulations of the Board, an Architect or former Architect shall immediately surrender his/her certificate of registration in the manner prescribed in the notice.", "sourceNote": "Source Note: The provisions of this §1.64 adopted to be effective October 10, 2001, 26 TexReg 7840." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200078", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§1.65", "label": "Annual Renewal Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139210", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall send via email an annual registration renewal notice to each Architect. An Architect must notify the Board in writing (email, fax, on the Board's Web site, or by U.S. mail) each time the Architect's email address or mailing address of record changes. The written notice of the Architect's change of address must be submitted to the Board within thirty (30) days after the effective date of the change of address.(b) An Architect may renew his/her registration prior to its specified annual expiration date by:(1) remitting the correct fee to the Board; and(2) providing the information or documentation requested by the annual registration renewal notice.(c) If an Architect fails to remit a completed registration renewal form and the prescribed fee on or before the specified expiration date of the Architect's registration, the Board shall impose a late payment penalty that must be paid before the Architect's registration may be renewed.(d) If the Board receives official notice that an Architect has failed to pay court ordered child support, the Board may be prohibited from renewing the Architect's registration.(e) If a registration is not renewed within 2 years after the specified registration expiration date, the registration shall be cancelled by operation of law on the two-year anniversary of its expiration without an opportunity for a formal hearing. If a registration is cancelled pursuant to this subsection, the registration may not be reinstated. In order to obtain a new certificate of registration, a person whose registration was cancelled pursuant to this subsection must:(1) submit an application for registration and satisfy all requirements for registration pursuant to §1.21 of this title (relating to Registration by Examination), including the successful completion of the registration examination;(2) submit an application for registration by reciprocal transfer and satisfy all requirements for registration by reciprocal transfer pursuant to §1.22 of this title (relating to Registration by Reciprocal Transfer); or(3) submit an application for registration and demonstrate that he/she moved to another state and is currently licensed or registered and has been in practice in the other state for at least the 2 years immediately preceding the date of the application.", "sourceNote": "Source Note: The provisions of this §1.65 adopted to be effective October 10, 2001, 26 TexReg 7840; amended to be effective April 4, 2004, 29 TexReg 3462; amended to be effective October 9, 2005, 30 TexReg 6428; amended to be effective April 3, 2008, 33 TexReg 2690; amended to be effective December 24, 2008, 33 TexReg 10321; amended to be effective February 22, 2015, 40 TexReg 703; amended to be effective March 22, 2016, 41 TexReg 2160; amended to be effective July 8, 2020, 45 TexReg 4512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139210", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§1.66", "label": "Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160887", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Once the Revocation or Surrender of an Architect's registration is effective, the registration may be reinstated only after an application for reinstatement is properly submitted and approved and the prescribed reinstatement fee is paid. THE BOARD IS NOT PERMITTED TO REINSTATE A CERTIFICATE OF REGISTRATION WHICH IS CANCELLED BY OPERATION OF LAW DUE TO THE REGISTRANT'S FAILURE TO RENEW THE REGISTRATION WITHIN 2 YEARS AFTER ITS DESIGNATED EXPIRATION DATE.(b) If a reinstatement Applicant has practiced architecture unlawfully or used any form of the title \"architect\" in violation of the Architects' Registration Law since the effective date of the expiration of the Applicant's revoked registration or the Surrender of the Applicant's registration, the reinstatement fee to be paid upon approval of the application shall include an amount equal to the sum of the registration renewal fees for each year since the effective date of the expiration or Surrender.(c) An application for reinstatement may be denied on the following grounds:(1) the registration has been revoked for a continuous period of five (5) years or longer;(2) the reinstatement Applicant has performed an act, omitted an act or allowed an omission, or otherwise engaged in a practice that could serve as the basis for the rejection of an application for registration or for the Revocation of a registration; or(3) the registration was voluntarily Surrendered in lieu of potential disciplinary action and the Board finds that the approval of the reinstatement application does not appear to be in the public's interest.(d) If at least five (5) years have passed since the effective date of the Revocation or Surrender of a registration, one of the following shall be required prior to approval of an application for reinstatement:(1) successful completion of all sections of the current registration examination during the five (5) years immediately preceding reinstatement; or(2) verification that the Applicant currently holds an architectural registration that is active and in good standing in another jurisdiction where the registration requirements are substantially equivalent to Texas architectural registration requirements.(e) If a registration was revoked as a result of disciplinary action or Surrendered in lieu of disciplinary action, the registration shall not be reinstated unless the Applicant:(1) demonstrates that the Applicant has taken reasonable steps to correct the misconduct or deficiency that led to the Revocation or Surrender;(2) demonstrates that approval of the application is not inconsistent with the Board's duty to protect the public by ensuring that registrants are duly qualified and fit for registration; and(3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the Revocation or Surrender.", "sourceNote": "Source Note: The provisions of this §1.66 adopted to be effective October 10, 2001, 26 TexReg 7840; amended to be effective April 4, 2004, 29 TexReg 3462; amended to be effective April 3, 2008, 33 TexReg 2690; amended to be effective December 24, 2008, 33 TexReg 10321." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160887", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§1.67", "label": "Emeritus Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135955", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect whose registration is in Good Standing may apply for emeritus registration status on a form prescribed by the Board. In order for an Architect to obtain emeritus status, the Architect must demonstrate that:(1) he/she has been registered as an architect for at least 20 years; and(2) he/she is at least 65 years of age.(b) An Emeritus Architect may engage in the Practice of Architecture as defined by §1051.001(7)(D) - (H) of the Texas Occupations Code and may prepare architectural plans and specifications for:(1) the alteration of a building that does not involve a substantial structural or exitway change to the building; or(2) the construction, enlargement, or alteration of a privately owned building that is:(A) a building used primarily for farm, ranch, or agricultural purposes or for the storage of raw agricultural commodities;(B) a single-family or dual-family dwelling or a building or appurtenance associated with the dwelling;(C) a multifamily dwelling not exceeding a height of two stories and not exceeding 16 units per building;(D) a commercial building that does not exceed a height of two stories or a square footage of 20,000 square feet; or(E) a warehouse that has limited public access.(c) An Emeritus Architect may use the title \"Emeritus Architect\" or \"Architect Emeritus.\"(d) An Emeritus Architect may renew his/her registration prior to its specified expiration date by:(1) remitting the correct fee to the Board; and(2) providing the information or documentation requested by the registration renewal notice and signing the renewal form to verify the accuracy of all information and documentation provided.(e) If an Emeritus Architect fails to remit a completed registration renewal form and the prescribed fee on or before the specified expiration date of the Emeritus Architect's registration, the Board shall impose a late payment penalty that must be paid before the Emeritus Architect's registration may be renewed.(f) In order to change his/her registration to active status, an Emeritus Architect must:(1) apply on a form prescribed by the Board;(2) either submit proof that he/she has completed all continuing education requirements for each year the registration has been emeritus or, in lieu of completing the outstanding continuing education requirements, successfully complete all sections of the current Architect Registration Examination during the five years immediately preceding the return to active status; and(3) pay a fee as prescribed by the Board.(g) Applications to return to active status may be rejected for any of the reasons for which an initial application for registration may be rejected or for which a registration may be revoked.(h) The Board may require an Applicant to include verification of compliance with the laws governing the Practice of Architecture with her or his application to return to active status.", "sourceNote": "Source Note: The provisions of this §1.67 adopted to be effective November 24, 2003, 28 TexReg 10473; amended to be effective April 3, 2008, 33 TexReg 2690; amended to be effective March 3, 2013, 38 TexReg 1180." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135955", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§1.68", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206193", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect whose registration is in good standing may apply for Inactive registration status on a form prescribed by the Board.(b) An Inactive Architect may not Practice Architecture. The prohibition against the Practice of Architecture by Inactive Architects applies to architectural projects that may be designed by Nonregistrants as well as to projects that may be designed only by registered Architects. If an Inactive Architect engages in the Practice of Architecture, the Inactive Architect's registration may be suspended or revoked and the Inactive Architect may be fined as allowed by the Architects' Registration Law for each day that the Inactive Architect has engaged in the Practice of Architecture.(c) An Inactive Architect shall not use his/her architectural seal during any period that his/her registration is Inactive.(d) An Inactive Architect shall pay an annual fee as prescribed by the Board.(e) In order to return his/her registration to active status, an Inactive Architect must:(1) apply on a form prescribed by the Board;(2) either submit proof that he/she has completed all continuing education requirements for each year the registration has been Inactive if continuing education was required for that year or, in lieu of completing the outstanding continuing education requirements, successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; and(3) pay a fee as prescribed by the Board.(f) An Inactive Architect whose registration has been Inactive for a continuous period of five (5) years or longer must do the following before the Inactive Architect may return to active status:(1) successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; or(2) furnish evidence that the Inactive Architect currently holds an architectural registration in another jurisdiction where the registration requirements are substantially equivalent to Texas architectural registration requirements and that the current architectural registration is in good standing.(g) An application to return to active status may be rejected for any of the reasons that an initial application for registration may be rejected or that a registration may be revoked.(h) The Board may require that an application to return to active status include verification that the applicant has complied with the laws governing the practice of architecture.(i) An Inactive Architect may use the title \"Emeritus Architect\" or \"Architect Emeritus\" after filing the appropriate form with the board if the Inactive Architect held an emeritus architectural registration on or before January 1, 2002.(j) A Nonregistrant may not use the title \"Emeritus Architect\" or \"Architect Emeritus.\"", "sourceNote": "Source Note: The provisions of this §1.68 adopted to be effective October 10, 2001, 26 TexReg 7840; amended to be effective June 2, 2002, 27 TexReg 4702; amended to be effective April 3, 2008, 33 TexReg 2690." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206193", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§1.69", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135951", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of this Section, the following definitions shall apply:(1) Approved Subject Areas--The following are the Approved Subject Areas for qualifying continuing education:(A) Construction and Evaluation--Areas related to construction contract administration and post-occupancy evaluation of projects. Acceptable topics include, but are not limited to: Construction Contract Administration; Bidding and Negotiation; Post Occupancy Evaluation (POE); and Building Commissioning.(B) Practice Management--areas related to the management of architectural practice and the details of running a business. Acceptable topics include, but are not limited to: Applicable Laws and Regulations; Ethics; Insurance to Protect Owner and Public; Business Management; Risk Management; Information Management; Design for Community Needs; and Supervisor Training.(C) Programming and Analysis--Areas related to the evaluation of project requirements, constraints, and opportunities. Acceptable topics include, but are not limited to: Land-Use Analysis; Programming; Site Selection; Historic Preservation; Adaptive Reuse; Codes, Regulations, and Standards; Natural Resources; Environmental Impact and Ecosystem Risk Assessment; Hazardous Materials; Resilience to Natural and Human Impacts; Life Safety; and Feasibility Studies.(D) Project Development and Documentation--Areas related to the integration and documentation of building systems, material selection, and material assemblies into a project. Acceptable topics include, but are not limited to: Construction Documents; Materials and Assemblies; and Fixtures, Furnishings, & Equipment.(E) Project Management--areas related to the management of architectural projects through execution. Acceptable topics include, but are not limited to: Project Delivery Methods; Contract Negotiation; Pre-Design Services; Site and Soils Analysis; Consultant Management; Project Scheduling; Quality Control (QA/QC); Economic Assessment; and Value Engineering.(F) Project Planning and Design--areas related to the preliminary design of sites and buildings. Acceptable topics include, but are not limited to: Building Systems; Urban Planning; Master Planning; Building Design; Site Design; Safety and Security Measures; Impacts, Adaptation and Mitigation of a Changing Climate; Energy Efficiency and Positive Energy Design; Sustainability; Indoor Air Quality; Ergonomics; Lighting; Acoustics; Accessibility; Construction Systems; and Budget Development.(2) Health, Safety, or Welfare--Those aspects of professional practice that improve the physical, emotional, and social well-being of occupants, users, and any others affected by buildings and sites; those aspects of professional practice that protect occupants, users, and any others affected by buildings or sites from harm; and those aspects of professional practice that enable equitable access, elevate the human experience, encourage social interaction, and benefit the environment.(3) Structured Course Study--Courses of study relevant to the Practice of Architecture, taught or otherwise provided by qualified individuals or organizations, delivered by direct, in-person contact or through distance learning methods, the completion of which results in the issuance of a certificate or other record of attendance to the Architect by the provider.(4) Self-Directed Study--Time spent by an Architect developing knowledge and skills relevant to the Practice of Architecture that does not qualify as Structured Course Study.(b) During each calendar year between January 1 and December 31, an Architect shall complete a minimum of 12 qualifying continuing education program hours (CEPH) according to the requirements of this section. Each hour of continuing education applied to this requirement shall directly relate to Health, Safety, or Welfare.(c) Of the 12 qualifying CEPH, each Architect shall complete a minimum of one CEPH relating to Barrier-Free Design and one CEPH relating to Sustainable or Energy-Efficient Design.(d) Of the 12 qualifying CEPH, each Architect shall complete a minimum of eight CEPH in Structured Course Study.(1) Each hour of Structured Course Study shall address one or more Approved Subject Areas and at least 45 minutes of every hour of CEPH shall directly relate to Health, Safety, or Welfare.(2) Examples of Structured Course Study include the following:(A) Attendance at continuing education courses dealing with technical architectural subjects related to the Architect's profession, ethical business practices, or new technology.(B) The completion of college or university credit courses addressing architectural subjects, ethical business practices or new technology. Each semester or quarter credit hour shall equal one CEPH.(e) Of the 12 qualifying CEPH, each Architect may claim a maximum of four hours of Self-Directed Study. Examples of Self-Directed Study may include the following:(1) Reading written material or reviewing audio, video, or digital media that develops knowledge and skills relevant to the Practice of Architecture but does not qualify as Structured Course Study;(2) Time spent in architectural research for publication or formal presentation to the profession or public;(3) Time spent in professional service to the general public that draws upon the Architect's professional expertise, such as serving on planning commissions, building code advisory boards, urban renewal boards, code study committees, or educational outreach activities;(4) Time spent preparing to teach or teaching architectural courses. An Architect may not claim credit for preparing for or teaching the same course more than once; and(5) One CEPH may be claimed for attendance at one full-day session of a meeting of the Texas Board of Architectural Examiners.(f) An Architect may be exempt from continuing education requirements for any of the following reasons:(1) An Architect shall be exempt upon initial registration and upon reinstatement of registration through December 31st of the calendar year of his/her initial or reinstated registration;(2) An inactive or emeritus Architect shall be exempt during any calendar year in which the Architect's registration is in inactive or emeritus status, but all continuing education credits for each period of inactive or emeritus registration shall be completed before the Architect's registration may be returned to active status;(3) An Architect who is not a full-time member of the Armed Forces shall be exempt for any calendar year during which the Architect serves on active duty in the Armed Forces of the United States for a period of time exceeding 90 consecutive days;(4) An Architect who has an active architectural registration in another jurisdiction shall be exempt from mandatory continuing education program requirements in Texas for any calendar year during which the Architect satisfies the other jurisdiction's continuing education program requirements, provided that the other jurisdiction's continuing education requirements are substantially equivalent to Texas requirements. Notwithstanding this exemption, the Architect shall complete one CEPH relating to Barrier-Free Design and one CEPH relating to Sustainable or Energy-Efficient Design; or(5) An Architect who is, as of September 1, 1999, a full-time faculty member or other permanent employee of an institution of higher education, as defined in §61.003, Education Code, and who in such position is engaged in teaching architecture.(g) An Architect shall maintain a detailed record of the Architect's continuing education activities, including all course completion certificates documenting completion of Structured Course Study and a record of Self-Directed Study including a date and description of the claimed activity, for a period of five years after the end of the calendar year for which credit is claimed.(h) When renewing his/her annual registration, an Architect shall complete an attestation regarding the Architect's compliance with minimum continuing education requirements. An Architect may attest to compliance and shall be considered compliant with continuing education requirements if:(1) The Architect fulfilled minimum continuing education program requirements during the immediately preceding calendar year according to the requirements of this Section; or(2) The Architect failed to fulfill minimum continuing education program hours during the immediately preceding calendar year, but prior to renewing his/her registration in the current calendar year, the Architect:(A) Completed sufficient qualifying CEPH to correct any deficiency for the prior calendar year (which will be applied to the previous calendar year and cannot be applied to the current calendar year requirement); and(B) Completed 12 hours of qualifying CEPH to be applied to the current calendar year requirement.(i) Upon written request, the Board may require an Architect to produce documentation to prove that the Architect has complied with the minimum continuing education program requirements.(1) Board staff will review an Architect's response to such a request to determine whether the Architect is in compliance with this Section.(2) If an Architect fails to provide acceptable documentation of compliance within 30 days of a request, the Architect will be presumed to have not complied with minimum continuing education requirements.(3) The Board has final authority to determine whether to award or deny credit claimed by an Architect for continuing education activities.(j) Violations of continuing education requirements and administrative penalties:(1) Falsely attesting to compliance with minimum continuing education requirements shall be subject to an administrative penalty in the amount of $500;(2) Failure to timely complete minimum continuing education requirements shall be subject to an administrative penalty in the amount of $100 for every hour of deficiency per calendar year;(3) Failure to maintain a detailed record of continuing education activities shall be subject to an administrative penalty of $100 for every hour of claimed continuing education for which an Architect is unable to provide proof of compliance; and(4) Failure to timely respond to or comply with a continuing education audit or verification shall be subject to an administrative penalty of $250 per failure.(k) The administrative penalties identified in subsection (j) of this section are considered appropriate for a first-time violation of continuing education requirements. If an Architect was previously found to have violated the Board's continuing education requirements in a warning or Order of the Board, the Board may increase the penalty up to a factor of two for a second or subsequent violation, in addition to consideration of suspension or revocation of registration under §1.232 of the Board's rules.(l) The administrative penalties identified in subsection (j) of this section are to be applied to each individual violation of the Board's continuing education requirements. If an Architect has committed multiple violations, the Architect shall be subject to a separate administrative penalty for each violation.(m) If an Architect is registered to practice more than one of the professions regulated by the Board and the Architect completes a continuing education activity that is directly related to more than one of those professions, the Architect may submit that activity for credit for all of the professions to which it relates. The Architect must maintain a separate detailed record of continuing education activities for each profession.(n) An Architect may receive credit for up to 24 CEPH earned during any single calendar year. A maximum of 12 CEPH that is completed in excess of the continuing education requirements for a calendar year may be carried forward to satisfy the continuing education requirements for the next calendar year.(o) As the term is defined in §1.29(a) of the Board's rules, a military service member is entitled to two years of additional time to complete any CEPH requirements.", "sourceNote": "Source Note: The provisions of this §1.69 adopted to be effective April 1, 2021, 46 TexReg 1737." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135951", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§1.82", "label": "Annual Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104411", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall send an annual notice to each person who must pay a fee that is due annually. Each annual notice shall be sent to the intended recipient's current address of record. Every annual fee must be paid regardless of whether an annual notice is received.(b) Every Registrant must pay his/her annual renewal fee on or before the designated expiration date of the Registrant's certificate of registration. If a Registrant fails to pay his/her annual renewal fee on or before the designated expiration date of the Registrant's certificate of registration, the Board shall require that the Registrant pay a penalty fee in addition to the registration renewal fee before the registration may be renewed. A person whose certificate of registration has expired may not engage in activities that require registration until the certificate of registration has been renewed.(c) If a Registrant fails to renew his/her certificate of registration within 2 years after its designated expiration date, the certificate of registration shall be cancelled by operation of law without the opportunity for a formal hearing. The Board shall send a notice of pending cancellation to a Registrant who fails to renew his/her certificate of registration within 2 years after its designated expiration date. The notice shall be sent to the Registrant's current address of record.", "sourceNote": "Source Note: The provisions of this §1.82 adopted to be effective March 25, 2002, 27 TexReg 2231; amended to be effective April 4, 2004, 29 TexReg 3464; amended to be effective April 3, 2008, 33 TexReg 2691." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104411", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "F", "label": "ARCHITECT'S SEAL" }, "rule": { "number": "§1.101", "label": "Seal Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113365", "queryAsDate": "03/11/2026" }, "ruleBody": "As provided below, an Architect may not issue or authorize the issuance of a document regulated by this Subchapter unless, pursuant to the requirements of this Subchapter, the document is:(1) sealed, signed, and dated pursuant to Subsection 1.103(a), thereby indicating that it may be used for regulatory approval, permitting, or construction; or(2) labeled with the Architect's name and the date and clearly marked to indicate that it may not be used for regulatory approval, permitting, or construction pursuant to Subsection 1.103(b).", "sourceNote": "Source Note: The provisions of this §1.101 adopted to be effective August 2, 2000, 25 TexReg 7157; amended to be effective September 29, 2003, 28 TexReg 8326." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113365", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "F", "label": "ARCHITECT'S SEAL" }, "rule": { "number": "§1.102", "label": "Type and Design" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104413", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On every document requiring an Architect's seal, the Architect shall affix or cause the affixation of a seal that will produce a clearly visible and legible image of the seal when the document is copied or reproduced. An Architect may not affix or authorize the affixation of an impression or embossing seal on a document requiring a seal unless the impression or embossing seal will produce a clearly visible and legible image of the seal when the document is copied or reproduced. (b) The design of an Architect's seal shall be the same as the design of the sample seal shown in this Subsection except that the name of the Architect and the Architect's registration number shall be substituted for the name and registration number shown on the sample seal. The diameter of the seal shall be no smaller than one and one-half (1.5) inches. Attached Graphic(c) A document regulated by this Subchapter may be issued electronically or in any other format selected by the Architect whose seal and signature are affixed to the document. An Architect's seal and signature and the date of signing may be affixed electronically or through any other means selected by the Architect as long as the seal, signature, and date will produce a clearly visible and legible image on any copy or reproduction of the document to which they are affixed.", "sourceNote": "Source Note: The provisions of this §1.102 adopted to be effective August 2, 2000, 25 TexReg 7158; amended to be effective September 29, 2003, 28 TexReg 8326; amended to be effective July 5, 2004, 29 TexReg 6275." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104413", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "F", "label": "ARCHITECT'S SEAL" }, "rule": { "number": "§1.103", "label": "Required Use of Seal and Retention of Sealed Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Construction documents:(1) On every Construction Document prepared by an Architect or under an Architect's Supervision and Control, the Architect shall affix or cause the affixation of:(A) the Architect's seal;(B) the Architect's signature (across the face of the seal's image or directly under or adjacent to the seal's image); and(C) the date of signing (including the month, day, and year) before the Construction Document is issued by or under the authority of the Architect.(2) The Architect's seal and signature and the date must be affixed in a manner that will be clearly visible and legible on each copy of a Construction Document issued by or under the authority of the Architect. The Architect's signature and the date may not conceal or obscure the name or registration number on the seal.(3) Construction Documents requiring a seal, signature, and date include the following:(A) each sheet of drawings or electronic equivalent of a sheet of drawings;(B) each specification: if a specification is included in a bound grouping of specifications that includes a table of contents or index listing each individual specification, the seal must be placed in at least one conspicuous location on the bound document; any individual specification sheet or electronic equivalent of a specification sheet that is issued separately must be sealed individually;(C) each sheet or electronic equivalent of a sheet that identifies the project and provides a list of sealed Construction Documents, such as a title sheet, table of contents, or index; and(D) each architectural drawing and specification that is part of an addenda, change order, construction change directive, or other Supplemental Document.(b) Documents issued for purposes other than regulatory approval, permitting, and construction:(1) An architectural drawing or specification issued by or under the authority of an Architect for a purpose other than regulatory approval, permitting, or construction shall include:(A) the Architect's name;(B) the date the document is issued (including the month, day, and year); and(C) the following statement placed in a conspicuous location on the document: \"Not for regulatory approval, permitting, or construction.\"(2) Each architectural drawing and specification included in a Feasibility Study issued by or under the authority of an Architect must be sealed, signed, and dated in the manner described in Subsection 1.103(a) or labeled with the Architect's name and the date and clearly marked to indicate that it may not be used for regulatory approval, permitting, or construction in the manner described in Subsection 1.103(b).(c) For a minimum of ten (10) years from the date of signature on each Construction Document and Prototypical Construction Document sealed by or under the authority of an Architect, the sealing Architect shall be responsible for the maintenance of the sealed, signed, and dated original document or a copy of the document bearing the clearly visible and legible seal, signature, and date.", "sourceNote": "Source Note: The provisions of this §1.103 adopted to be effective August 2, 2000, 25 TexReg 7158; amended to be effective September 29, 2003, 28 TexReg 8326." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104414", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "F", "label": "ARCHITECT'S SEAL" }, "rule": { "number": "§1.104", "label": "Prohibitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in Subsection 1.105, an Architect may not affix or authorize the affixation of his/her seal to any document unless the document was prepared by the Architect or under the Architect's Supervision and Control.(b) If only a portion of a document was prepared by an Architect or under an Architect's Supervision and Control, the Architect's seal may not be affixed to the document unless:(1) the portion of the document prepared by the Architect or under the Architect's Supervision and Control is clearly identified; and(2) it is clearly indicated on the document that the Architect's seal applies only to that portion of the document prepared by the Architect or under the Architect's Supervision and Control.(c) Only the Architect and any person with the Architect's consent may use or attempt to use an Architect's seal. No other person may use or attempt to use:(1) an Architect's seal;(2) a copy of an Architect's seal; or(3) a replica of an Architect's seal.(d) An Architect may not modify a document bearing another Architect's seal without first:(1) taking reasonable steps to notify the sealing Architect of the intent to modify the document; and(2) clearly indicating on the document the extent of the modifications made.(e) Once a Construction Document bearing an Architect's seal is issued, the seal may not be removed.", "sourceNote": "Source Note: The provisions of this §1.104 adopted to be effective August 2, 2000, 25 TexReg 7160; amended to be effective September 29, 2003, 28 TexReg 8326." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104415", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "F", "label": "ARCHITECT'S SEAL" }, "rule": { "number": "§1.105", "label": "Prototypical Design" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104416", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect may not affix or authorize the affixation of the Architect's seal to a Prototypical Construction Document derived from a Prototypical design prepared by another person unless:(1) the Architect thoroughly reviews and makes appropriate changes to all aspects of the Prototypical design to adapt the Prototypical design to the specific site and ensure compliance with all applicable statutes, codes, and other regulatory provisions;(2) the Architect affixes or causes the affixation of the Architect's seal and signature and the date of signing to each sheet or electronic equivalent of a sheet of the adapted Prototypical Construction Documents in the manner described in Subsection 1.103(a); and(3) the Architect accepts full responsibility for each sheet or electronic equivalent of a sheet of the adapted Prototypical Construction Documents on which the Architect's seal is placed.(b) In addition to the responsibility set forth in Subsection 1.103(c), an Architect who affixes or authorizes the affixation of his/her seal to an adapted Prototypical Construction Document derived from a Prototypical design prepared by another person shall be responsible for the maintenance of a copy of the complete set of Prototypical design documents prepared by the other person for at least ten (10) years from the date of the Architect's signature on the adapted Prototypical Construction Document.", "sourceNote": "Source Note: The provisions of this §1.105 adopted to be effective August 2, 2000, 25 TexReg 7160; amended to be effective September 29, 2003, 28 TexReg 8326." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104416", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "F", "label": "ARCHITECT'S SEAL" }, "rule": { "number": "§1.106", "label": "Other Professional Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123886", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect shall provide a written statement of jurisdiction to each client for whom the Architect renders an architectural service in Texas.(b) The statement of jurisdiction shall:(1) state that \"The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas\";(2) include the Board's current mailing address and telephone number; and(3) be placed within every written contract for architectural services.(c) If an Architect provides an architectural service to a client without entering into a written contract with the client, the Architect shall provide the client with the statement of jurisdiction:(1) by including the statement of jurisdiction in each bill for architectural services presented to the client; or(2) if the client visits the Architect's office, by posting the statement of jurisdiction on a sign prominently displayed in the Architect's office.", "sourceNote": "Source Note: The provisions of this §1.106 adopted to be effective April 6, 2000, 25 TexReg 2809; amended to be effective September 29, 2003, 28 TexReg 8326." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123886", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§1.121", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "126376", "queryAsDate": "03/11/2026" }, "ruleBody": "In carrying out its responsibility to insure strict enforcement of the Architects' Registration Law (the Act), the Board may investigate circumstances which appear to violate or abridge the requirements of the Act or the rules dealing with the Practice of Architecture and the use of the title \"architect.\" The Board also may investigate representations which imply that a person or a business entity is legally authorized to offer or provide architectural services to the public. Violations of the Act or the rules which cannot be readily resolved through settlement shall be disposed of by administrative, civil, or criminal proceedings as authorized by law.", "sourceNote": "Source Note: The provisions of this §1.121 adopted to be effective September 19, 1996, 21 TexReg 8661; amended to be effective February 27, 2001, 26 TexReg 1709; amended to be effective March 30, 2006, 31 TexReg 2454." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "126376", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§1.122", "label": "Association" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191269", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect or a Principal, on behalf of an architectural firm, who forms a business association to jointly provide architectural services with any Nonregistrant who is:(1) not an employee of the Architect or architectural firm;(2) not a client of the Architect or architectural firm; and(3) not a subcontractor nor a consultant of the Architect or architectural firm under contract with a client except as described in subsection (e); shall, prior to providing architectural services on behalf of the business association, enter into a written agreement of association with the Nonregistrant whereby the Architect or the architectural firm agrees to be responsible for the preparation of all Construction Documents issued by the association.(b) The written agreement of association shall include the following:(1) The date when the agreement to associate is effective;(2) The name, address, telephone number, registration number, and signature of the Architect or the Principal on behalf of an architectural firm which has agreed to associate with the Nonregistrant;(3) The name, address, telephone number, and signature of the Nonregistrant with whom the Architect or Principal has agreed to associate.(c) The Architect or Principal shall prepare or exercise Supervision and Control over the preparation of all Construction Documents issued by the association unless the Construction Documents are prepared and issued as described in subsection (e). All Construction Documents prepared pursuant to the association described in this section shall be sealed, signed, and dated in accordance with the provisions of Subchapter F.(d) The Architect who seals Construction Documents on behalf of the association shall retain paper or electronic copies of them, together with the written agreement of association, and make them available for review by the Board for ten (10) years after the date of the Architect's signature on the Construction Documents.(e) If, pursuant to §1051.606(b) of the Texas Occupations Code, a Texas Architect associates with a person who is not a Texas Architect but is duly registered as an architect in another jurisdiction and does not maintain or open an office in Texas, The Texas Architect shall, at a minimum, exercise Responsible Charge over the preparation of all Construction Documents issued for use in Texas as a result of the association. The Texas Architect shall seal, sign, and date all Construction Documents issued for use in Texas as a result of the association in the same manner as if the Architect had prepared the Construction Documents or they had been prepared under the Architect's Supervision and Control. All other requirements of this section relating to associations apply to an association between an Architect and a person registered as an architect in another jurisdiction regardless of whether the Texas Architect or the architect from another jurisdiction acts as the \"consultant\" as that term is used in §1051.606(b) of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §1.122 adopted to be effective February 27, 2001, 26 TexReg 1710; amended to be effective September 19, 2006, 31 TexReg 7991." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191269", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§1.123", "label": "Titles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155987", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Architects duly registered in Texas are authorized to use any form of the word \"architect\" or the word \"architecture\" to describe themselves and to describe services they offer and perform in Texas.(b) A firm, partnership, corporation, or other business association may use any form of the word \"architect\" or the word \"architecture\" in its name or to describe services it offers or performs in Texas only under the following conditions:(1) The business employs at least one Architect on a full-time basis or associates with at least one Architect pursuant to the provisions of section 1.122; and(2) The Architect(s) employed by or associated with the business pursuant to subsection (b)(1) of this section exercise Supervision and Control over all architectural services performed by nonregistrants on behalf of the business, or in the case of services rendered pursuant to section 1.122(e), exercise, at a minimum, Responsible Charge over all such services.(c) No entity other than those qualified in subsections (a) and (b) of this section may use any form of the word \"architect\" or \"architecture\" in its name or to describe services it offers or performs in Texas.(d) A person enrolled in the Architectural Experience Program (AXP) may use the title \"architectural intern.\"", "sourceNote": "Source Note: The provisions of this §1.123 adopted to be effective February 27, 2001, 26 TexReg 1710; amended to be effective June 21, 2018, 43 TexReg 3884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155987", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§1.124", "label": "Business Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "140220", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An architectural firm or other business entity that offers or provides architectural services in Texas must annually register information regarding the firm or business entity with the Board, including an email address to which all TBAE correspondence will be sent.(b) An Architect or an architectural firm which enters into an agreement to create a business association pursuant to §1.122 of this title (relating to Association) shall annually register the association with the Board, including an email address to which all TBAE correspondence will be sent.(c) If an architectural firm, business entity, or association dissolves or otherwise becomes unable to lawfully offer or provide architectural services in Texas, the architectural firm, business entity, or association shall so notify the Board in writing. Such notification must be postmarked or otherwise provided within 30 days of the date of dissolution or the date the architectural firm, business entity, or association became unable to lawfully offer or provide architectural services. Such an architectural firm, business entity, or association may not continue to offer or provide architectural services unless it employs or contracts with an Architect to offer or provide service and updates its registration within that 30 day period.(d) An Architect who is a sole practitioner doing business under his/her name, which is registered with the Board, is exempt from the requirements of subsections (a) - (c) of this section.(e) Each registered architectural firm, business entity, or association shall annually renew its unexpired registration and pay a renewal fee not later than the anniversary of the date of its initial registration. Each registered architectural firm, business entity, and association shall pay a registration renewal fee to renew an expired registration in an amount equal to 1-1/2 times the normally required renewal fee if the registration has been expired for 90 days or less and in an amount equal to twice the normally required renewal fee if the registration has been expired for longer than 90 days. A firm, business entity, or association which offers or renders two or more professional disciplines regulated by the Board shall pay a single registration fee.", "sourceNote": "Source Note: The provisions of this §1.124 adopted to be effective February 27, 2001, 26 TexReg 1710; amended to be effective September 19, 2006, 31 TexReg 7991; amended to be effective April 17, 2012, 37 TexReg 2630." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "140220", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.141", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160888", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) These rules of professional conduct are promulgated pursuant to the Architects' Registration Law (the Act), Chapter 1051, Texas Occupations Code, which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonably necessary for the regulation of the practice of architecture and the enforcement of the Act. Except as otherwise noted, these rules of professional conduct apply only to situations which are directly or indirectly related to the practice of architecture.(b) The Board may revoke, suspend, or refuse to renew an Architect's certificate of registration, place on probation an Architect whose certificate of registration has been suspended, reprimand an Architect, or assess an administrative penalty against an Architect for a violation of any provision of these rules of professional conduct or other provisions of the Rules and Regulations of the Board or the Act. The Board also may take action against an Applicant pursuant to section 1.151. A single instance of misconduct may be grounds for disciplinary action by the Board.(c) Upon a finding of professional misconduct, the Board shall consider the following factors in determining an appropriate sanction or sanctions:(1) the seriousness of the conduct, including the hazard or potential hazard to the health or safety of the public;(2) the economic damage or potential damage to property caused by the misconduct;(3) the respondent's history concerning previous grounds for sanction;(4) the sanction necessary to deter future misconduct;(5) efforts to correct the misconduct; and(6) any other matter justice may require.(d) These rules of professional conduct are not intended to suggest or define standards of care in civil actions against Architects involving their professional conduct.(e) An Architect may donate his/her services to charitable causes but must adhere to all provisions of the Act and the Rules and Regulations of the Board in the provision of all architectural services rendered regardless of whether the Architect is paid for the services.", "sourceNote": "Source Note: The provisions of this §1.141 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective July 5, 2004, 29 TexReg 6275; amended to be effective March 20, 2009, 34 TexReg 1850." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160888&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160888", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.142", "label": "Competence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85340", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect shall undertake to perform a professional service only when the Architect, together with those whom the Architect shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. During the delivery of a professional service, an Architect shall act with reasonable care and competence and shall apply the technical knowledge and skill which is ordinarily applied by reasonably prudent architects practicing under similar circumstances and conditions.(b) An Architect shall not affix his/her signature or seal to any architectural plan or document dealing with subject matter in which he/she is not qualified by education and/or experience to form a reasonable judgment.(c) \"Gross Incompetency\" shall be grounds for disciplinary action by the Board. An Architect may be found guilty of \"Gross Incompetency\" under any of the following circumstances:(1) the Architect has engaged in conduct that provided evidence of an inability or lack of skill or knowledge necessary to discharge the duty and responsibility required of an Architect;(2) the Architect engaged in conduct which provided evidence of an extreme lack of knowledge of, or an inability or unwillingness to apply, the principles or skills generally expected of a reasonably prudent architect under the same or similar circumstances and conditions;(3) the Architect has been adjudicated mentally incompetent by a court; or(4) pursuant to §1.150(b) of this title (relating to Substance Abuse).", "sourceNote": "Source Note: The provisions of this §1.142 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective March 3, 2013, 38 TexReg 1181." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85340", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.143", "label": "Recklessness" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169764", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect shall not practice architecture in any manner which, when measured by generally accepted architectural standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the public.(b) \"Recklessness\" shall be grounds for disciplinary action by the Board. \"Recklessness\" shall include the following practices:(1) conduct which indicates that the Architect is aware of yet consciously disregards a substantial risk of such a nature that its disregard constitutes a significant deviation from the standard of care that a reasonably prudent architect would exercise under the circumstances;(2) knowing failure to exercise ordinary care and attention toward the intended result when a procedure, technique, material, or system is employed as a result of a decision made by the Architect and such failure jeopardizes any person's health, safety, or welfare; or(3) action which demonstrates a conscious disregard for compliance with a statute, regulation, code, ordinance, or recognized standard applicable to the design or construction of a particular project when such disregard jeopardizes any person's health, safety, or welfare.", "sourceNote": "Source Note: The provisions of this §1.143 adopted to be effective March 1, 2001, 26 TexReg 1712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169764", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.144", "label": "Dishonest Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:(1) defraud;(2) deceive; or(3) create a misleading impression.(b) An Architect may not advertise in a manner which is false, misleading, or deceptive.(c) An Architect may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded architectural work. An Architect may not give architectural plans, design services, pre-bond referendum services, or any other goods or services of significant value to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select an Architect to render publicly funded architectural work. The term \"significant value\" means any act, article, money, or other material consideration which is of such value or proportion that its offer or acceptance would affect the governmental entity's selection of an Architect or would create the appearance of an obligation or bias on the part of the governmental entity to select the Architect to perform the architectural work.(d) An Architect serving as an expert witness is subject to discipline for committing a dishonest practice upon a finding by a court of law that the Architect:(1) rendered testimony the Architect has actual knowledge is false; or(2) agreed to receive payment contingent upon giving testimony that expresses a particular opinion.(e) For purposes of this section, an Architect's conduct is intentional, or with intent, if the nature of the conduct or a reasonable result of the conduct demonstrates a conscious objective or desire to engage in the conduct or cause the result. An Architect's conduct is knowing or with knowledge, with respect to the nature of the conduct or to circumstances surrounding the conduct when a reasonably prudent Architect in the same or similar circumstances would be aware of the nature of the conduct or that the circumstances exist. An Architect acts knowingly, or with knowledge, with respect to a result of the Architect's conduct when a reasonably prudent Architect would be aware of the conduct and the conduct is reasonably certain to cause the result. An Architect's intent or knowledge may be established by circumstantial evidence.", "sourceNote": "Source Note: The provisions of this §1.144 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective July 18, 2007, 32 TexReg 4394; amended to be effective March 3, 2013, 38 TexReg 1181; amended to be effective November 23, 2014, 39 TexReg 9006." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129677", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.145", "label": "Conflicts of Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85344", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an Architect has any business association or financial interest which might reasonably appear to influence the Architect's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the Architect's current or prospective client or employer, the Architect shall promptly inform the client or employer in writing of the circumstances of the business association or financial interest.(b) An Architect shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature, financial or otherwise, from more than one party in connection with a single project or assignment unless the circumstances are fully disclosed in writing to all parties.(c) An Architect shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature from any supplier of materials or equipment or from any contractor or any consultant in connection with any project on which the Architect is performing or has contracted to perform architectural services unless the circumstances are fully disclosed in writing to all parties.(d) The phrase \"benefit of any substantial nature\" is defined to mean any act, article, money, or other material consideration which is of such value or proportion that its acceptance creates an obligation or the appearance of an obligation on the part of the Architect or otherwise could adversely affect the Architect's ability to exercise his/her own judgment without regard to such benefit.", "sourceNote": "Source Note: The provisions of this §1.145 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective March 29, 2007, 32 TexReg 1741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85344", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.146", "label": "Responsibility to the Architectural Profession" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169765", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect shall not:(1) knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or any provision of the Rules and Regulations of the Board;(2) aid or abet, directly or indirectly:(A) any unregistered person in connection with the unauthorized practice of architecture;(B) any business entity in the practice of architecture unless carried on in accordance with the Act; or(C) any person or any business entity in the use of a professional seal or other professional identification so as to create the opportunity for the unauthorized practice of architecture by any person or any business entity;(3) fail to exercise reasonable care or diligence to prevent his/her partners, associates, shareholders, and employees from engaging in conduct which, if done by him/her, would violate any provision of the Act or any provision of the Rules and Regulations of the Board.(b) An Architect possessing knowledge of an Applicant's qualifications for registration shall cooperate with the Board by responding in writing to the Board regarding those qualifications when requested to do so by the Board.(c) An Architect shall be responsible and accountable for the care, custody, control, and use of his/her architectural seal, professional signature, and other professional identification. An Architect whose seal has been lost, stolen, or otherwise misused shall report the loss, theft, or misuse to the Board immediately upon discovery of the loss, theft, or misuse. The Board may invalidate the registration number of the lost, stolen, or misused seal upon the request of the Architect if the Board deems it necessary.", "sourceNote": "Source Note: The provisions of this §1.146 adopted to be effective March 1, 2001, 26 TexReg 1712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169765", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.147", "label": "Professional Services Procurement Act" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "182293", "queryAsDate": "03/11/2026" }, "ruleBody": "An Architect shall neither submit a competitive bid to nor solicit a competitive bid on behalf of any governmental entity that is prohibited by the Professional Services Procurement Act, Subchapter A, Chapter 2254, Government Code, from making a selection or awarding a contract on the basis of competitive bids. For purposes of this section, the term \"competitive bid\" means information which specifies the fee charged by an Architect for a professional service, including information from which such fee may be extrapolated or indirectly determined. An Architect may disclose to a governmental entity the fee for a professional service, including information found in a fee schedule, only after the governmental entity has selected the Architect on the basis of demonstrated competence and qualifications pursuant to the Professional Services Procurement Act.", "sourceNote": "Source Note: The provisions of this §1.147 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective November 23, 2014, 39 TexReg 9006." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "182293", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.148", "label": "Prevention of Unauthorized Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200081", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Architect shall not practice or offer to practice architecture in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of architecture in that jurisdiction.(b) The revocation, suspension, refusal to renew, or denial of a registration to practice architecture in another jurisdiction shall be sufficient cause for the revocation, suspension, refusal to renew, or denial of a registration to practice architecture in the State of Texas.(c) An Architect who fails to renew his/her certificate of registration prior to its annual expiration date shall not use the title \"architect\" and shall not \"practice architecture\" as defined by §1051.001 of the Texas Occupations Code until after the Architect's certificate of registration has been properly renewed.", "sourceNote": "Source Note: The provisions of this §1.148 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective July 5, 2004, 29 TexReg 6275; amended to be effective January 11, 2017, 42 TexReg 11." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200081", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.149", "label": "Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85341", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Chapter 53, Texas Occupations Code and §2005.052, Texas Government Code, the Board may suspend or revoke an existing certificate of registration, disqualify a person from receiving a certificate of registration, issue a provisional license subject to the terms and limitations of §1.27 of this chapter (relating to Provisional Licensure), or deny to a person the opportunity to be examined for a certificate of registration because of the person's conviction for committing an offense if:(1) the offense directly relates to the duties and responsibilities of an Architect;(2) the offense is listed in Article 42A.054, Texas Code of Criminal Procedure; or(3) the offense is a sexually violent offense, as defined by Article 62.001, Texas Code of Criminal Procedure.(b) The following procedures will apply in the consideration of an application for registration as an Architect or in the consideration of a Registrant's criminal history:(1) Effective January 1, 2014, each Applicant shall submit a complete and legible set of fingerprints to the Department of Public Safety or a vendor under contract with the Department for the purpose of obtaining criminal history record information from the Department and the Federal Bureau of Investigation. The Applicant shall pay the cost of conducting the criminal history background check to the Department or the vendor on behalf of the Department. An Applicant who does not submit fingerprints in accordance with this subsection is ineligible for registration.(2) Effective January 1, 2014, each Registrant on active status or returning to active status who has not submitted a set of fingerprints pursuant to paragraph (1) of this subsection shall submit a complete and legible set of fingerprints to the Department of Public Safety or a vendor under contract with the Department for the purpose of obtaining criminal history record information from the Department and the Federal Bureau of Investigation. The Registrant shall pay the cost of conducting the criminal history background check to the Department or the vendor on behalf of the Department. A Registrant who does not submit fingerprints in accordance with this subsection is ineligible for renewal of, or returning to, active registration. A Registrant is not required to submit fingerprints under this paragraph for the renewal of, or returning to, active registration if the Registrant previously submitted fingerprints under paragraph (1) of this subsection for initial registration or under this paragraph for a previous renewal of, or return to, active registration.(3) The executive director may contact an Applicant or Registrant regarding any information about a criminal conviction, other than a minor traffic offense, disclosed in the Applicant's or Registrant's criminal history record. If the executive director intends to pursue revocation or suspension of a registration, or denial of a registration or opportunity to be examined for a registration because of a person's prior conviction of an offense, the executive director must:(A) provide written notice to the person of the reason for the intended denial; and(B) allow the person not less than 30 days to submit any relevant information to the Board.(4) The notice provided by the executive director under this subsection must contain:(A) a statement that the person is disqualified from being registered or being examined for registration because of the person's prior conviction of an offense specified in the notice; or(B) a statement that:(i) the final decision of the Board to revoke or suspend the registration or deny the person a registration or the opportunity to be examined for the registration will be based on the factors listed in subsection (d) of this section; and(ii) it is the person's responsibility to obtain and provide to the Board evidence regarding the factors listed in subsection (d) of this section.(5) If the executive director determines the conviction might be directly related to the duties and responsibilities of an Architect, the Board's staff will obtain sufficient details regarding the conviction to allow the Board to determine the effect of the conviction on the Applicant's eligibility for registration or on the Registrant's fitness for continued registration.(c) In determining whether a criminal conviction is directly related to the duties and responsibilities of an Architect, the executive director and the Board shall consider each of the following factors:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to practice architecture;(3) the extent to which architectural registration might offer an opportunity to engage in further criminal activity of the same type as that in which the Applicant or Registrant had been involved; and(4) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of an Architect; and(5) any correlation between the elements of the crime and the duties and responsibilities of an Architect.(d) If the executive director or the Board determines under subsection (c) of this section that a criminal conviction directly relates to the duties and responsibilities of an Architect, the executive director and the Board shall consider the following in determining whether to suspend or revoke a registration, disqualify a person from receiving a registration, or deny to a person the opportunity to take a registration examination:(1) the extent and nature of the Applicant's or Registrant's past criminal activity;(2) the age of the Applicant or Registrant at the time the crime was committed;(3) the amount of time that has elapsed since the Applicant's or Registrant's last criminal activity;(4) the conduct and work activity of the Applicant or Registrant prior to and following the criminal activity;(5) evidence of the Applicant's or Registrant's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the Applicant's or Registrant's fitness to practice as an Architect, including letters of recommendation.(e) Crimes directly related to the duties and responsibilities of a Registered Architect include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional Practice of Architecture, such as the following:(1) criminal negligence;(2) soliciting, offering, giving, or receiving any form of bribe;(3) the unauthorized use of property, funds, or proprietary information belonging to a client or employer;(4) acts relating to the malicious acquisition, use, or dissemination of confidential information related to architecture; and(5) any intentional violation as an individual or as a consenting party of any provision of the Act.(f) The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.(g) If an Applicant is incarcerated as the result of a felony conviction, the Board may not approve the Applicant for registration during the period of incarceration. If an Applicant's felony probation, parole, or mandatory supervision is revoked, the Board may not approve the Applicant for registration until the Applicant successfully completes the sentence imposed as a result of the revocation.(h) If the Board takes action against any Applicant or Registrant pursuant to this section, the Board shall provide the Applicant or Registrant with the following information in writing:(1) the reason for rejecting the application or taking action against the Registrant's certificate of registration, including any factor considered under subsections (c) or (d) of this section that served as the basis for the action;(2) notice that upon exhaustion of the administrative remedies provided by the Administrative Procedure Act, Chapter 2001, Government Code, an action may be filed in a district court of Travis County for review of the evidence presented to the Board and its decision. The person must begin the judicial review by filing a petition with the court within 30 days after the Board's decision is final; and(3) the earliest date the person may appeal.(i) All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Government Code.", "sourceNote": "Source Note: The provisions of this §1.149 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective March 20, 2009, 34 TexReg 1850; amended to be effective November 29, 2010, 35 TexReg 10505; amended to be effective April 13, 2014, 39 TexReg 2573; amended to be effective July 8, 2020, 45 TexReg 4513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85341", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.150", "label": "Substance Abuse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113407", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If in the course of a disciplinary proceeding, it is found by the Board that an Architect's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to a violation of the Act or the Rules and Regulations of the Board, the Board may condition its disposition of the disciplinary matter on the Architect's completion of a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse that may include rehabilitation at a facility also approved by the Commission.(b) An Architect's abuse of alcohol or a controlled substance that results in the impairment of the Architect's professional skill so as to cause a direct threat to the property, safety, health, or welfare of the public may be deemed \"Gross Incompetency\" and may be grounds for the indefinite suspension of an Architect's certificate of registration until such time as he or she is able to demonstrate to the Board's satisfaction that the reasons for suspension no longer exist and that the termination of the suspension would not endanger the public.(c) In order to determine whether abuse of alcohol or a controlled substance contributed to a violation or has resulted in \"gross incompetency,\" the Board may order an examination by one or more health care providers trained in the diagnosis or treatment of substance abuse.", "sourceNote": "Source Note: The provisions of this §1.150 adopted to be effective March 1, 2001, 26 TexReg 1712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113407", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.151", "label": "Effect of Enforcement Proceedings on Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200082", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or denial until:(1) all enforcement proceedings have been terminated by a final judgment or order and the time for appeal has expired, or if an appeal is taken, such appeal has been terminated;(2) the Applicant is in full compliance with all orders and judgments of the court, all orders and rules of the Board, and all provisions of the Act; and(3) the Applicant has complied with all requests of the Board for information related to such compliance, upon which the Board shall complete the consideration of the application in the regular order of business.(b) An \"enforcement proceeding\" is initiated by the commencement of an investigation that is based either on a formal complaint filed with the Board or on information presented to the Board that establishes probable cause for a belief in the existence of facts that would constitute a violation of the Act or the Rules and Regulations of the Board.(c) The following sanctions may be imposed against an Applicant who is found to have falsified information provided to the Board, violated any of the practice or title restrictions of the Act, violated any similar practice or title restriction of another jurisdiction, or otherwise violated any of the statutory provisions or rules enforced by the Board:(1) reprimand;(2) imposition of an administrative penalty;(3) suspension of the registration certificate upon its effective date;(4) denial of the application; and(5) denial of the right to reapply for registration for a period not to exceed five years.(d) The Board may take action against an Applicant for any act or omission if the same conduct would be a ground for disciplinary action against an Architect.(e) If an application is denied pursuant to subsection (c) or subsection (d) of this section, the Applicant may not subsequently be approved for registration unless the Applicant:(1) demonstrates that he/she has taken reasonable steps to correct the misconduct or deficiency that led to the denial of the previous application;(2) demonstrates that approval of the application is not inconsistent with the Board's duty to protect the public by ensuring that registrants are duly qualified and fit for registration; and(3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the denial of the previous application.", "sourceNote": "Source Note: The provisions of this §1.151 adopted to be effective March 1, 2001, 26 TexReg 1712; amended to be effective July 5, 2004, 29 TexReg 6276." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200082&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200082", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§1.153", "label": "Deferred Adjudication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of §1.27 and §1.149 of this chapter (relating to Provisional Licensure and Criminal Convictions), a person is not convicted for committing a criminal offense if:(1) the person entered a plea of guilty or nolo contendere;(2) the court deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer of the court; and(3) at the conclusion of a period of supervision, the judge dismissed the proceedings and discharged the person.(b) Notwithstanding subsection (a) of this section, the executive director or the Board may consider a person to have been convicted of a criminal offense regardless of whether the proceedings were dismissed and the person was discharged as described by subsection (a) of this section if:(1) the person was charged with:(A) any offense described by Article 62.001(5), Code of Criminal Procedure; or(B) an offense other than an offense described by subparagraph (A) of this paragraph if:(i) the person has not completed the period of supervision or the person completed the period of supervision less than five years before the date the person applied for registration; or(ii) a conviction for the offense would make the person ineligible for registration by operation of law; and(2) after consideration of the factors described by §1.149(c) or (d) of this chapter, the executive director or the Board determines that:(A) the person may pose a continued threat to public safety; or(B) employment of the person as an Architect would create a situation in which the person has an opportunity to repeat the prohibited conduct.(c) If a person pleads guilty or nolo contendere to conduct which is a violation of a law enforced by the Board, regardless of whether adjudication is deferred, the Board may take disciplinary action.", "sourceNote": "Source Note: The provisions of this §1.153 adopted to be effective November 29, 2010, 35 TexReg 10505; amended to be effective July 8, 2020, 45 TexReg 4513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142589", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.161", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142590", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter shall provide a system of procedures for the initiation, investigation, prosecution, hearing and resolution of disciplinary matters and allegations involving persons who are subject to the jurisdiction of the Texas Board of Architectural Examiners.", "sourceNote": "Source Note: The provisions of this §1.161 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective October 18, 2009, 34 TexReg 7068." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142590", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.162", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142591", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In computing any period of time prescribed by this subchapter, by order of the Board, or by other applicable statutory provision or rule, the period shall begin on the day after the act or the event considered and conclude at the end of the last day of such period unless the last day falls on a Saturday, Sunday, or official national or Texas state holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or official national or Texas state holiday.(b) A person shall be presumed to have received all pleadings and other notices upon a showing that such materials were sent to the respondent's last known address; the materials were sent by United States mail, first class postage prepaid; a return address was affixed to the exterior of the mailing materials and the materials were not returned; and in excess of seven days has elapsed from placement of the materials into the United States mail.", "sourceNote": "Source Note: The provisions of this §1.162 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective October 18, 2009, 34 TexReg 7068." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142591", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.164", "label": "Initiating a Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142592", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may initiate a Contested Case proceeding in response to:(1) a written complaint filed by a member of the public;(2) information provided in a registration application or renewal form; or(3) other information known to the Board which establishes probable cause.(b) The Board shall not act on a written complaint filed by a member of the public unless the allegations in the complaint describe conduct that violates a rule or statutory provision enforceable by the Board.(c) If the Board receives a written complaint filed by a member of the public, the Board may act on the complaint regardless of the status or outcome of separate litigation related to the subject matter of the complaint or the complainant's request to withdraw the complaint.(d) The Board shall not act on a written complaint filed by a member of the public if the complaint is filed later than ten (10) years after the date of the act(s) or omission(s) described in the complaint.", "sourceNote": "Source Note: The provisions of this §1.164 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective October 18, 2009, 34 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142592", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.165", "label": "Informal Disposition of a Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "92011", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Contested Case may be resolved informally at any time.(b) If the respondent agrees in writing to a settlement agreement and the Executive Director executes the written settlement agreement, the settlement agreement shall be presented to the Board for approval or rejection. The settlement agreement must include written findings of fact and conclusions of law and may be in the form of a consent order, letter of reprimand, or other format approved by the Executive Director.(c) If the Board rejects a settlement agreement, the respondent shall have the opportunity to agree to alternative settlement terms approved by the Board. If the respondent does not agree to alternative settlement terms approved by the Board, the case shall be referred to the State Office of Administrative Hearings for a formal hearing.(d) If the respondent and the Executive Director do not agree in writing to a settlement agreement, the case shall be referred to the State Office of Administrative Hearings for a formal hearing.(e) An informal disposition may be made of a Contested Case by default. Default occurs whenever a respondent neither answers nor makes other written response to the filing of a Complaint or Petition at the State Office of Administrative Hearings alleging a violation of any law or Rule over which TBAE possesses jurisdiction. Default also occurs if the respondent fails to appear at a scheduled and properly noticed hearing to be conducted by the State Office of Administrative Hearings.(f) The Board and the Executive Director shall take into account the following factors when considering a proposed settlement agreement:(1) the nature, circumstances, extent, and gravity of any relevant act or omission;(2) the hazard or potential hazard to the health, safety or welfare of the public;(3) the economic harm resulting from the conduct;(4) the respondent's history concerning any previous ground for sanction;(5) the severity of penalty necessary to effectuate specific and general deterrence;(6) any effort by the respondent to take prompt remedial action;(7) the economic benefit gained by the respondent as a result of the conduct;(8) any other matter justice may require; and(9) When considering a referral from the Texas Department of Licensing and Regulation, in addition to the factors described in this subsection, the Board shall consider the actual number of days that the submission was late.", "sourceNote": "Source Note: The provisions of this §1.165 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective October 18, 2009, 34 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "92011", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.166", "label": "Informal Conference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142593", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An informal conference may be held in order to provide a respondent with the opportunity to appear and answer a charge against the respondent in person.(b) An informal conference shall be attended by the respondent and each person designated by the Executive Director to attend the conference. The respondent shall have the right to employ legal counsel to attend the informal conference at the respondent's expense.(c) An informal conference shall be voluntary and shall not be a prerequisite to a formal hearing.", "sourceNote": "Source Note: The provisions of this §1.166 adopted to be effective January 8, 2002, 27 TexReg 161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142593", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.167", "label": "Publication of Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "92013", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall cause to be published in the Board's official newsletter, on the Board's Web site, in a newspaper, or in another publication the name of any person who has received disciplinary action by the Board. The publication may include a narrative summary of the facts giving rise to disciplinary action and a description of the action taken.(b) In addition to other types of disciplinary action that shall be publicized pursuant to this section, the Board shall publicize the revocation or cancellation of a certificate of registration after its surrender in lieu of potential disciplinary action.", "sourceNote": "Source Note: The provisions of this §1.167 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective July 5, 2004, 29 TexReg 6276; amended to be effective October 18, 2009, 34 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "92013", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.168", "label": "Dismissal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "92014", "queryAsDate": "03/11/2026" }, "ruleBody": "For good cause, the Board, the Executive Director, or a person designated by the Executive Director may dismiss a Contested Case at any time after a Contested Case proceeding is commenced.", "sourceNote": "Source Note: The provisions of this §1.168 adopted to be effective January 8, 2002, 27 TexReg 161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "92014", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.169", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142594", "queryAsDate": "03/11/2026" }, "ruleBody": "The Executive Director or a person designated by the Executive Director shall represent the Board in any alternative dispute resolution proceeding.", "sourceNote": "Source Note: The provisions of this §1.169 adopted to be effective January 8, 2002, 27 TexReg 161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142594", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.170", "label": "Referrals from the Texas Department of Licensing and Regulation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142595", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an Architect fails to submit any document to the Texas Department of Licensing and Regulation as required by the Architectural Barriers Act, or a rule or procedure enacted pursuant to the Architectural Barriers Act, the Board may take disciplinary action against the Architect.(b) An Architect's failure to submit documents to the Texas Department of Licensing and Regulation as required by subsection (a) of this section, shall result in a written warning from the Executive Director. An administrative penalty shall be imposed upon second and subsequent failures.(c) When considering potential disciplinary action, including imposition of an administrative penalty, the Board and the Executive Director shall take into account the number of previous incidents involving a Registrant's failure to timely submit documents to the Texas Department of Licensing and Regulation and the length of the delay in making the present submission.", "sourceNote": "Source Note: The provisions of this §1.170 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective October 18, 2009, 34 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142595", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.171", "label": "Responding to Request for Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142596", "queryAsDate": "03/11/2026" }, "ruleBody": "An Architect, a Candidate or an Applicant shall answer an inquiry or produce requested documents to the Board concerning any matter under the jurisdiction of the Board within thirty (30) days after the date the person receives the inquiry. Failure to respond within thirty (30) days may constitute a separate violation subject to disciplinary action by the Board up to and including suspension or revocation of a registration.", "sourceNote": "Source Note: The provisions of this §1.171 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective October 18, 2009, 34 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142596", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.172", "label": "Continuing Violation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142597", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each day a violation of any statutory provision or rule enforced by the Board occurs or continues may be considered a separate violation subject to disciplinary action by the Board.(b) Each sheet of architectural plans and each separate section of the specifications which are prepared, modified or issued in violation of these rules or any laws over which the Board has jurisdiction shall each be considered an independent violation of applicable rules and laws.", "sourceNote": "Source Note: The provisions of this §1.172 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective October 18, 2009, 34 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142597", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.173", "label": "Violation By One Not an Architect" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180086", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who is not an Architect who violates any of the laws or rules over which the Board has jurisdiction is subject to any or all of the following:(1) judicial proceedings for injunctive relief;(2) criminal prosecution in a court of appropriate jurisdiction;(3) imposition of an administrative penalty;(4) issuance of a cease and desist order from the board.(b) In taking action against a person who is not an Architect, the Board may be represented by agency staff, the Texas Attorney General, by a county or district attorney, or by other counsel as necessary.(c) The Executive Director may recommend and the Board may, after notice and an opportunity for hearing, impose an administrative penalty in the manner prescribed in Subchapter I of the Architects' Practice Act and otherwise as permitted by law and Board rules.(d) A person charged with a violation may request a hearing to contest a proposed administrative penalty that has been recommended by the Executive Director:(1) A request for a hearing must be received in the Board's office no later than the 20th day after the date the person receives notice that the Executive Director has recommended the imposition of an administrative penalty.(2) The hearing shall be conducted by an Administrative Law Judge at the State Office of Administrative Hearings under provision of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001, and this subchapter.(e) If a person charged with a violation agrees to a proposed administrative penalty recommended by the Executive Director, the Board may approve the Executive Director's recommendation and order payment of the proposed penalty without a hearing.(f) Within thirty (30) days after the date on which the Board's order imposing an administrative penalty or taking other final agency action in a contested case proceeding becomes final, the person charged must pay the administrative penalty and otherwise ensure compliance with the terms set forth in the Board's Final Order or file a petition for judicial review with a district court in Travis County as provided by Subchapter G, Chapter 2001, Government Code.(g) If the Executive Director determines that a Nonregistrant is violating, or has violated, a statutory provision or rule enforced by the Board, the Executive Director may:(1) issue to the Nonregistrant a written notice describing the alleged violation and the Executive Director's intention to request that the Board impose administrative penalties and issue a cease and desist order. The written notice shall offer the Nonregistrant an opportunity to resolve all matters contained in the written notice by means of an agreed order or other instrument deemed appropriate by the Executive Director and of the Nonregistrant's ability to request an informal conference as well as of his or her right to request a hearing before an Administrative Law Judge at the State Office of Administrative Hearings; and(2) take any other action and impose any other penalty described in this section or permitted by law.", "sourceNote": "Source Note: The provisions of this §1.173 adopted to be effective January 8, 2002, 27 TexReg 161; amended to be effective July 5, 2004, 29 TexReg 6276; amended to be effective October 18, 2009, 34 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180086", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.174", "label": "Complaint Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142599", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may file a complaint by submitting the following information to the Board:(1) the name of and contact information for the complainant unless evidence regarding a possible violation was submitted anonymously;(2) the name of the person against whom the complaint is filed;(3) the address, telephone number, Web site, or other contact information for the person against whom the complaint is filed, if available;(4) the date and location of the alleged violation that is the subject of the complaint;(5) a description of each alleged violation; and(6) the name, address, and telephone number for any known witness who can provide information regarding the alleged violation.(b) A complaint should be submitted on the complaint form that may be obtained by accessing the form on the Board's Web site or by contacting the Board's staff. If a completed complaint form is not submitted, the Board's staff will not be able to initiate an investigation unless the Board's staff receives information sufficient to establish probable cause to believe an actionable violation might have occurred.(c) Once a complaint has been received, the Board's enforcement staff shall:(1) conduct a preliminary evaluation of the complaint within thirty (30) days to determine:(A) Jurisdiction: whether the complaint provides information sufficient to establish probable cause for the Board's staff to believe an actionable violation might have occurred;(B) Disciplinary History: whether there has been previous enforcement activity involving the person against whom the complaint has been filed; and(C) Priority Level: the seriousness of the complaint relative to other pending enforcement matters;(2) provide the complainant and respondent with information which will permit review of the Board's policies and procedures from the Board's web site regarding complaint investigation and resolution. If the complainant or respondent requests a copy of the policies and procedures in written format a copy shall be mailed upon request.(3) notify the complainant and respondent of the status of the investigation at least quarterly unless providing notice would jeopardize an investigation; and(4) maintain a complaint file that includes at least:(A) the name of the person who filed the complaint unless the complaint was filed anonymously;(B) the date the complaint was received by the Board's staff;(C) a description of the subject matter of the complaint;(D) the name of each person contacted in relation to the complaint;(E) a summary of the results of the review and investigation of the complaint; and(F) an explanation for the reason the complaint was dismissed if the complaint was dismissed without action other than the investigation of the complaint.(d) After the preliminary evaluation period, the Board's staff may contact the complainant, the respondent, and any known witness concerning the complaint.(e) After the preliminary evaluation period, the Board's staff shall take steps to dismiss the complaint or proceed with an investigation of the allegation(s) against the respondent. A complaint may be referred to another government agency if it appears that the other agency might have jurisdiction over the issue(s) raised in the complaint.(f) If the Board's staff proceeds with an investigation, the staff shall:(1) investigate the complaint according to the priority level assigned to the complaint;(2) notify the complainant and respondent that, as a result of the staff's preliminary evaluation of the complaint, the staff has determined that the Board has jurisdiction over the allegations(s) described in the complaint and has decided to proceed with an investigation of the allegation(s) against the respondent; and(3) gather sufficient information and evidence to determine whether there is probable cause to believe that a violation of a statutory provision or rule enforced by the Board has occurred.(g) The Board's staff may conduct an investigation regardless of whether a complaint form was received as described in subsection (a) of this section.(h) If the information and evidence gathered during an investigation are insufficient to establish probable cause to believe that a violation has occurred, the Board's staff shall:(1) dismiss the complaint;(2) send notices to the complainant and respondent regarding the dismissal;(3) if warranted, include in the respondent's notice a recommendation or warning regarding the respondent's future conduct; and(4) if a complaint is determined to be unfounded, state in the respondent's notice that no violation was found.(i) If the information and evidence gathered during an investigation are sufficient to establish probable cause to believe that a violation has occurred, the Board's staff shall:(1) seek to resolve the matter pursuant to §§1.165, 1.166 or 1.173 of this subchapter; or(2) issue a warning in accordance with Subsection (j).(j) A warning may be issued by the Executive Director only as follows:(1) the violation is the Respondent's only violation of the Board's laws and rules;(2) the Respondent has not previously been subject to a Board warning or order;(3) the Respondent has provided a satisfactory remedy which has eliminated any harm or threat to the health or safety of the public; and(4) The Respondent has committed one of the following violations:(A) failure to provide or timely provide plans and specifications to TDLR under the requirements of Govt. Code Chap. 469 (Elimination of Architectural Barriers);(B) Unauthorized use of term \"architect\" or \"architecture\";(C) Failure to respond to a Board inquiry;(D) Failure to provide a statement of jurisdiction;(E) Use of a non-compliant seal by registrant;(F) Failure to register or annually renew the registration of a business; or(G) Creation of misleading impression by an architect advertising for services.(k) The decision to issue a warning is at the sole discretion of the Executive Director and not available as a result of a contested case proceeding conducted pursuant to the Government Code Chapter 2001.(l) Before a proposed settlement agreement may be approved by the Board, the terms of the agreement must be reviewed by legal counsel for the Board to ensure that all legal requirements have been satisfied.(m) If a complaint is dismissed, the complainant may submit to the Executive Director a written request for reconsideration. The written request must explain why the complaint should not have been dismissed. The Executive Director may, but is not required to, respond to the request for reconsideration.", "sourceNote": "Source Note: The provisions of this §1.174 adopted to be effective July 5, 2004, 29 TexReg 6277; amended to be effective October 18, 2009, 34 TexReg 7070; amended to be effective September 11, 2016, 41 TexReg 6689." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142599", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.175", "label": "Evaluation of Evidence by Expert" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113418", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Board's staff determines that a respondent who is a Registrant, Candidate, or Applicant appears to have engaged in the Practice of Architecture in a manner that was Reckless, Grossly incompetent, or dishonest, the matter may not be docketed at the State Office of Administrative Hearings for a formal hearing unless the evidence and information gathered during the investigation have been reviewed by a member of the Board or the Board's staff or a consultant who is registered as an Architect.(b) The purpose of the review shall be to confirm, prior to the commencement of formal disciplinary proceedings, that the respondent's professional conduct did not satisfy the requisite standard of care which should be applied by a reasonably prudent Architect under similar circumstances.", "sourceNote": "Source Note: The provisions of this §1.175 adopted to be effective July 5, 2004, 29 TexReg 6277; amended to be effective October 18, 2009, 34 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113418", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.176", "label": "Subpoenas and Depositions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180087", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On a showing of good cause and on deposit of a sum reasonably estimated to cover the costs of issuing and serving the subpoena and the costs described in subsection (e) of this section, the Executive Director or the Chairman may issue a subpoena to require the attendance of a witness for examination under oath or the production of a record, document, or other evidence relevant to the investigation of, or a disciplinary proceeding related to, an alleged violation of a statutory provision or rule enforced by the Board.(b) A subpoena must:(1) be issued in the name of the State of Texas;(2) be signed by the Executive Director or the Chairman;(3) be addressed to a sheriff, constable, or other party authorized by the Texas Rules of Civil Procedure to serve a subpoena;(4) state the time and place at which the witness is required to appear, the name of the person at whose instance the subpoena has been issued, and the date of the subpoena's issuance;(5) include a specific description of any record, document, or other evidence covered by the subpoena; and(6) be served by delivering a copy of the subpoena to the party named in the subpoena.(c) A subpoena may be executed and returned at any time. The person serving the subpoena shall make due return thereof, showing the time and manner of service or showing that service was accepted by the witness by a written memorandum signed by the witness and attached to the subpoena.(d) A deposition shall be taken in the manner prescribed for depositions in the Administrative Procedure Act (APA).(e) A witness or deponent who is not a party to an enforcement proceeding and who is subpoenaed or otherwise compelled by the Board to attend any hearing or proceeding to provide testimony, give a deposition, or produce a record, document, or other evidence shall be entitled to receive:(1) payment for mileage and reimbursement for transportation, meal, and lodging expenses as required by the APA for going to and returning from the place of the hearing or the place where the deposition is taken if the place is more than 25 miles from the person's place of residence; and(2) a witness fee as required by the APA for each day or part of a day the person is necessarily present as a witness or deponent.(f) Expenses and fees described in subsection (e) of this section shall be paid by the party at whose request the witness appears or the deposition is taken, on presentation of proper vouchers sworn by the witness and approved by the Executive Director.(g) Payment for mileage and reimbursement for transportation, meal, and lodging expenses for a witness whose presence is required by a subpoena issued by the Executive Director or the Chairman shall be at the same rate as is paid to a state employee traveling on state business.", "sourceNote": "Source Note: The provisions of this §1.176 adopted to be effective July 5, 2004, 29 TexReg 6277." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180087", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.177", "label": "Administrative Penalty Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142601", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty:(1) In determining whether a minor, moderate, or major penalty is imposed under paragraph (2) of this rule, the following classifications shall apply:Attached Graphic(2) After determining whether the violation is minor, moderate, or major, the Board shall impose an administrative penalty as follows:(A) Minor violations--an administrative penalty of not more than $1,000 shall be imposed.(B) Moderate violations--an administrative penalty of not more than $3,000 shall be imposed.(C) Major violations--an administrative penalty of not more than $5,000 shall be imposed.(3) In determining the specific amount of an administrative penalty within the minor, moderate, or major range, the Board shall consider the factors outlined in Board Rules 1.141(c) and/or 1.165(f).(4) If a violation of the Board's laws or rules is not specifically defined in paragraph (1) as a minor, moderate, or major violation, the Board shall consider the factors outlined in Board Rules 1.141(c) and/or 1.165(f) in determining an appropriate administrative penalty.(5) Previous Disciplinary History - If the respondent was previously found to have violated the Board's laws or rules in a warning or Order of the Board, then any subsequent disciplinary action may be considered at the next higher level of severity.(6) Multiple Violations(A) The administrative penalty ranges discussed in paragraph (2) are to be applied to each individual violation of the Board's laws and rules. If a respondent has violated multiple laws and/or rules, or has committed multiple violations of a single law or rule, the Respondent shall be subject to a separate administrative penalty for each violation.(B) Each sheet of architectural plans and specifications created or issued in violation of the Board's laws and rules shall be considered a separate violation for purposes of calculating the total administrative penalty under paragraph (6)(A).(C) In the case of a continuing violation, each day a violation continues or occurs shall be considered a separate violation for purposes of calculating the total administrative penalty under paragraph (6)(A).(7) The administrative penalties set out in this section may be considered in addition to any other disciplinary actions, such as revocation, suspension, or refusal to renew a registration. (8) If the facts of a case are unique or unusual, the Board may suspend the guidelines described in this section.(9) An Architect, Candidate, or Applicant who fails, without good cause, to provide information to the Board under provision of §1.171 of this subchapter (relating to Responding to Request for Information) is presumed to be interfering with and preventing the Board from fulfilling its responsibilities. A violation of §1.171 of this subchapter shall be considered a minor violation if a complete response is not received within 30 days after receipt of the Board's written inquiry. An additional 15 day delay constitutes a moderate violation, and each 15 day delay thereafter shall be considered a separate major violation of these rules.", "sourceNote": "Source Note: The provisions of this §1.177 adopted to be effective July 5, 2004, 29 TexReg 6277; amended to be effective October 18, 2009, 34 TexReg 7071; amended to be effective March 3, 2013, 38 TexReg 1182; amended to be effective September 11, 2016, 41 TexReg 6689." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142601", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§1.178", "label": "Reinstatement Following Suspension or Revocation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158790", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Board suspends or revokes a person's certificate of registration as a result of disciplinary action, the person may not reinstate the certificate of registration or obtain a new certificate of registration unless the person:(1) demonstrates that he/she has taken reasonable steps to correct the misconduct or deficiency that led to the suspension or revocation;(2) demonstrates that reinstatement or issuance of the certificate of registration is not inconsistent with the Board's duty to protect the public by ensuring that Registrants are duly qualified and fit for registration; and(3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the suspension or revocation. This shall include, but not be limited to, attorney's fees and all costs associated with the need to prosecute a Contested Case proceeding at the State Office of Administrative Hearings and subsequent activities including administrative and judicial appeals.", "sourceNote": "Source Note: The provisions of this §1.178 adopted to be effective July 5, 2004, 29 TexReg 6277; amended to be effective October 18, 2009, 34 TexReg 7071." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158790", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "K", "label": "PRACTICE; ARCHITECT REQUIRED" }, "rule": { "number": "§1.210", "label": "Architectural Plans and Specifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158791", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Architectural education, training and experience as described in §1.21 and §1.191 of this title (relating to Registration by Examination and Description of Experience Required for Registration by Examination) are necessary prerequisites for the design of the architectural elements as specified in subsection (b) of this section and the preparation of those architectural plans and specifications for the construction, enlargement, or alteration of a building intended for human use and occupancy. Generally, architectural plans and specifications document the design of architectural elements of buildings and also serve as instructions that integrate and coordinate the design of all building systems and related site components necessary for constructing a building and its environs intended for human use and occupancy. Architectural plans and specifications detail the design of architectural elements of a building, including the form, function, construction, habitability, and appearance of the building and the manner in which humans enter, exit, circulate, and use the interior space of the building and its external environs. An Architect shall coordinate with consultants in the design of a building intended for human use and occupancy in order to integrate all components and systems of the building and its environs.(b) In accordance with §1051.0016 of the Texas Occupations Code, for purposes of Chapter 1051, Texas Occupations Code, the term \"architectural plans or specifications\" means a Construction Document that depicts in detail the design of the spatial relationships and the quality of materials and systems required for the construction of a building and its environs. The term includes:(1) Floor plans and details:(A) depicting the design of:(i) internal and external walls and simple foundations;(ii) the design of the internal spaces of the building; and(iii) vertical circulation systems including accessibility ramps, stair systems, elevators and escalators; and(B) implementing programming, regulatory, and accessibility requirements for a building.(2) General cross sections and detailed wall sections depicting building components from a hypothetical cut line through a building to include the building's mechanical, electrical, plumbing or structural systems;(3) Reflected ceiling plans and details depicting:(A) the design of the location, materials, and connections of the ceiling to the structure; and(B) the integration of the ceiling with electrical, mechanical, lighting, sprinkler and other building systems.(4) Finish plans or schedules depicting surface materials on the interior and exterior of the building;(5) Interior and exterior elevations depicting the design of materials, locations and relationships of components and surfaces;(6) Partition, door, window, lighting, hardware and fixture schedules;(7) Manufacturer or fabricator drawings that are integrated into and become part of the Construction Documents; and(8) Specifications describing the nature, quality, and execution of materials for construction of the elements of the building design depicted in the Construction Documents prepared by the Architect.(c) Notwithstanding the thresholds within Chapters 1001 and 1051, Texas Occupations Code, the following architectural plans and specifications may be prepared by a person who is registered as an Architect or licensed as a professional engineer in the State of Texas:(1) Site plans depicting the location and orientation of the building on the site based upon:(A) a determination of the relationship of the intended use with the environment, topography, vegetation, climate, geographic aspects; and(B) the legal aspects of site development, including setback requirements, zoning and other legal restrictions; and(2) The depiction of the building systems, including structural, mechanical, electrical, and plumbing systems, in:(A) plan views;(B) cross sections depicting building components from a hypothetical cut line through a building; and(C) the design of details of components and assemblies, including any part of a building exposed to water infiltration or fire-spread considerations;(3) Life safety plans and sheets, including accessibility ramps and related code analyses; and(4) Roof plans and details depicting the design of roof system materials, components, drainage, slopes, and direction and location of roof accessories and equipment not involving structural engineering calculations.(d) This section does not address the services or work that may otherwise be offered or rendered by Registered Interior Designers or Landscape Architects.(e) Licensed professional engineers who are listed as permitted to engage in the practice of architecture pursuant to §1051.607, Texas Occupations Code, are not restricted from preparing any architectural plans and specifications described in this subchapter.", "sourceNote": "Source Note: The provisions of this §1.210 adopted to be effective March 29, 2007, 32 TexReg 1742; amended to be effective September 25, 2012, 37 TexReg 7480." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158791", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "K", "label": "PRACTICE; ARCHITECT REQUIRED" }, "rule": { "number": "§1.211", "label": "Privately Owned Buildings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158792", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An architectural plan or specification for the construction, enlargement, or alteration of a privately owned building shall be prepared by an Architect or under the Supervision and Control of an Architect unless an engineer may prepare the architectural plan or specification pursuant to §1.210(c) or (e) of this title (relating to Architectural Plans and Specifications) or a Nonregistrant may prepare the plan or specification pursuant to an exemption described in Chapter 1051 of the Texas Occupations Code.(b) For purposes of §1051.606 of the Texas Occupations Code, \"multifamily dwelling\" means a building containing more than two separate units intended to be used for human habitation where the units are not separated by open space but instead are separated only by walls or partitions.(c) For purposes of §1051.606 of the Texas Occupations Code, \"commercial building\" means an enclosed structure primarily used for the purchase, sale, or exchange of commodities or services.(d) For purposes of §1051.606 of the Texas Occupations Code, \"warehouse that has limited public access\" means a building primarily used for the storage of equipment, merchandise, or commodities where:(1) only employees, delivery persons, and other specifically authorized people are routinely expected to enter the building; and(2) persons who enter the building are expected to occupy the building only on a limited basis.", "sourceNote": "Source Note: The provisions of this §1.211 adopted to be effective March 16, 1990, 15 TexReg 1151; amended to be effective August 3, 2000, 25 TexReg 7161; amended to be effective July 5, 2004, 29 TexReg 6280; amended to be effective September 25, 2012, 37 TexReg 7480." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158792", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "K", "label": "PRACTICE; ARCHITECT REQUIRED" }, "rule": { "number": "§1.212", "label": "Publicly Owned Buildings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113412", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An architectural plan or specification, as defined by §1.210(b) of this title (relating to Architectural Plans and Specifications), for a new building constructed and owned by a public entity where the total projected building construction costs at the commencement of construction exceed $100,000 shall be prepared by an Architect, under the Supervision and Control of an Architect, or by an engineer who may practice architecture under §1.210(e) of this title, if the building is intended for any of the following uses:(1) education: the use of a building at any time for instructional purposes;(2) assembly: the use of a building for the gathering together of persons for purposes such as civic, social, or religious functions or for recreation, food or drink consumption, or awaiting transportation; or(3) office occupancy: the use of a building for business, professional, or service transactions or activities.(b) An architectural plan or specification, as defined by §1.210(b) of this title, for an alteration or addition to an existing building owned by a public entity shall be prepared by an Architect, under the Supervision and Control of an Architect, or by an engineer who may practice architecture under §1.210(e) of this title, if:(1) the total projected building construction costs at the commencement of construction exceed $50,000;(2) the alteration or addition requires the removal, relocation, or addition of a wall or partition or the alteration or addition of an exit; and(3) the building is intended for any of the uses listed in subsection (a) of this section.(c) An architect or an engineer may prepare an architectural plan or specification as defined by §1.210(c) of this title.(d) For purposes of §1051.703(b), of the Texas Occupations Code, designation as the \"prime design professional\" does not expand, limit, or otherwise alter the scope of a design professional's practice nor does it allow a design professional to fulfill the requirements of §1051.703(a) of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §1.212 adopted to be effective March 16, 1990, 15 TexReg 1151; amended to be effective August 3, 2000, 25 TexReg 7161; amended to be effective July 5, 2004, 29 TexReg 6280; amended to be effective July 18, 2007, 32 TexReg 4395; amended to be effective September 25, 2012, 37 TexReg 7480." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113412", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "K", "label": "PRACTICE; ARCHITECT REQUIRED" }, "rule": { "number": "§1.213", "label": "Exemption for Alterations to Existing Buildings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158793", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of Section 1051.606 of the Texas Occupations Code, a structural change is \"substantial\" if the engineering plans and specifications for the structural change must be prepared by a licensed engineer pursuant to Chapter 1001 of the Texas Occupations Code.(b) For purposes of Section 1051.606 of the Texas Occupations Code, an exitway change is \"substantial\" if the change will affect a path of egress intended to be used by more than fifty (50) persons.", "sourceNote": "Source Note: The provisions of this §1.213 adopted to be effective March 16, 1990, 15 TexReg 1151; amended to be effective April 4, 2000, 25 TexReg 2810; amended to be effective February 27, 2001, 26 TexReg 1716; amended to be effective July 5, 2004, 29 TexReg 6280." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158793", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "K", "label": "PRACTICE; ARCHITECT REQUIRED" }, "rule": { "number": "§1.214", "label": "Institutional Residential Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113419", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An architectural plan or specification for the construction of any new building or for the modification of any existing building intended for use as an institutional residential facility shall be prepared by an Architect, under the Supervision and Control of an Architect, or by an engineer pursuant to §1.210(c) or (e) of this title (relating to Architectural Plans and Specifications), regardless of:(1) the number of stories or square footage of the building; and(2) whether the building is privately or publicly owned.(b) For purposes of this section, \"institutional residential facility\" means a building intended for occupancy on a 24-hour basis by persons who are receiving custodial care from the proprietor or operator of the building.", "sourceNote": "Source Note: The provisions of this §1.214 adopted to be effective March 16, 1990, 15 TexReg 1151; amended to be effective July 5, 2004, 29 TexReg 6280; amended to be effective September 25, 2012, 37 TexReg 7481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113419", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "K", "label": "PRACTICE; ARCHITECT REQUIRED" }, "rule": { "number": "§1.216", "label": "Other Professional Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158794", "queryAsDate": "03/11/2026" }, "ruleBody": "If, in the course of his/her work on a project, an Architect becomes aware of a course of action taken against the Architect's advice which may violate an applicable state or local building law or regulatory provision and which is likely, in the Architect's judgment to have a material adverse effect on the safe use of the completed building, the Architect shall do the following:(1) report the course of action in writing to the owner, to the local building official(s), and to other responsible parties; and(2) refuse to consent to the course of action.", "sourceNote": "Source Note: The provisions of this §1.216 adopted to be effective April 6, 2000, 25 TexReg 2811; amended to be effective July 5, 2004, 29 TexReg 6281." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158794", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "K", "label": "PRACTICE; ARCHITECT REQUIRED" }, "rule": { "number": "§1.217", "label": "Construction Observation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95176", "queryAsDate": "03/11/2026" }, "ruleBody": "An Architect or a person working under the Supervision and Control of an Architect shall conduct construction observation of the construction of a new building or the alteration or addition of an existing building which is subject to §1.211 of this title (relating to Privately Owned Buildings), §1.212 of this title (relating to Publicly Owned Buildings) and §1.214 of this title (relating to Institutional Residential Facilities). For purposes of this subchapter, \"construction observation\" means the administration of the portion of the construction contract described and documented in the architectural plans and specifications, including the following:(1) reviewing each shop drawing, sample, and other submittal by a contractor or consultant;(2) preparing or reviewing each change to an architectural plan or specification;(3) visiting the construction site at intervals appropriate to the stage of construction to:(A) become generally familiar with and keep the client generally informed about the progress and quality of the portion of the construction completed;(B) make a reasonable effort to identify defects and deficiencies in the construction;(C) determine generally whether the construction is being performed in a manner indicating that the project, when fully completed, will be in accordance with the architectural plans and specifications; and(4) in addition to any responsibilities under §1.216 of this title (relating to Other Professional Responsibilities), notifying the client in writing of any substantial deviation from the architectural plans and specifications that may prevent the building from being occupied or utilized for its intended use.", "sourceNote": "Source Note: The provisions of this §1.217 adopted to be effective July 5, 2004, 29 TexReg 6282; amended to be effective September 25, 2012, 37 TexReg 7482." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95176", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "L", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§1.231", "label": "Formal Hearing Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204316", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless specifically indicated, the Administrative Procedure Act (APA) applies to all Contested Cases involving matters under the jurisdiction of the Board.(b) The Rules of Procedure of the State Office of Administrative Hearings (SOAH) apply to formal hearings of Contested Cases conducted for the Board by a SOAH administrative law judge.", "sourceNote": "Source Note: The provisions of this §1.231 adopted to be effective July 7, 2002, 27 TexReg 5774." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204316", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "L", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§1.232", "label": "Board Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95178", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall investigate Contested Case matters and attempt to resolve Contested Cases informally as provided in Subchapter I of this chapter (relating to Disciplinary Action). However, if a Contested Case is not settled informally pursuant to Subchapter I of this chapter, it shall be referred to SOAH for a formal hearing to determine whether there has been a violation of any of the statutory provisions or rules enforced by the Board.(b) A formal hearing shall be conducted in accordance with the Rules of Procedure of SOAH.(c) After a formal hearing of a Contested Case, the SOAH administrative law judge who conducted the formal hearing shall prepare a proposal for decision and submit it to the Board so that the Board may render a final decision with regard to the Contested Case. The proposal for decision shall include findings of fact and conclusions of law.(d) If a party submits proposed findings of fact or conclusions of law, the proposal for decision shall include a ruling on each proposed finding or conclusion.(e) Any party of record in a Contested Case may request an oral hearing before the Board. A request for an oral hearing shall be filed with the Board and copies shall be served on the administrative law judge and on all other parties in the same manner as for serving other documents in a Contested Case. The Board, in its sole discretion, shall determine whether to grant or deny a request for an oral hearing. If a request for an oral hearing is granted, each party of record shall be allotted 30 minutes to make an oral presentation to the Board. The oral presentation shall be confined to matters contained within the administrative record.(f) Upon the expiration of the time provided for the filing of exceptions and briefs or, if exceptions and briefs are filed, upon the 10th day following the time provided for the filing of replies to exceptions and briefs, the Board may render a decision to finally resolve a Contested Case. The Board may change a finding of fact or conclusion of law made by an administrative law judge or may vacate or modify an order issued by an administrative law judge only if the Board determines:(1) that the administrative law judge did not properly apply or interpret applicable law, agency rules, written policies, or prior administrative decisions;(2) that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or(3) that a technical error in a finding of fact should be changed.(g) If the Board makes a change to a finding of fact or conclusion of law or vacates or modifies an order pursuant to subsection (f) of this section, the Board must state in writing the specific reason and the legal basis for the change.(h) The Board shall issue a written order regarding the Board's decision to finally resolve a Contested Case that is not settled informally. The written order shall include findings of fact and conclusions of law that are based on the official record of the Contested Case. The written order may adopt by reference the findings of fact and conclusions of law made by an administrative law judge and included in the proposal for decision submitted to the Board.(i) Motions for rehearing and appeals may be filed and judicial review of final decisions of the Board may be sought pursuant to the Administrative Procedure Act. The party who appeals a final decision in a Contested Case shall be responsible for the cost of the preparation of the original or a certified copy of the record of the agency proceeding that is required to be sent to the reviewing court.(j) The Board and the administrative law judge who presides over the formal hearing in a Contested Case shall refer to the following guidelines to determine the appropriate penalty for a violation of any of the statutory provisions or rules enforced by the Board:Attached Graphic(k) The penalty for a violation of any of the statutory provisions or rules enforced by the Board may vary from the penalty recommended in subsection (j) of this section if justified by the circumstances of the matter or the disciplinary history of the respondent. If the Respondent has previously been subject to disciplinary action before the Board, more severe discipline may be imposed.(l) For any violation where revocation is recommended as an appropriate penalty for the violation, refusing to renew the respondent's certificate of registration also shall be an appropriate penalty for the violation.(m) If the Board or the administrative law judge determines that an administrative penalty is the appropriate sanction for a violation, the guidelines described in §1.177 of this chapter (relating to Administrative Penalty Schedule) shall be applied to determine the amount of the administrative penalty.", "sourceNote": "Source Note: The provisions of this §1.232 adopted to be effective September 19, 1996, 21 TexReg 8667; amended to be effective July 7, 2002, 27 TexReg 5774; amended to be effective July 5, 2004, 29 TexReg 6282; amended to be effective September 19, 2006, 31 TexReg 7992; amended to be effective April 17, 2012, 37 TexReg 2631; amended to be effective November 23, 2014, 39 TexReg 9006; amended to be effective September 11, 2016, 41 TexReg 6689; amended to be effective April 1, 2021, 46 TexReg 1737." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95178", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "L", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§1.233", "label": "Application and Construction of Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119377", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) SOAH shall conduct formal hearings in accordance with the APA, the Rules of Procedure of SOAH, the Architects' Registration Law, the Rules and Regulations of the Board, and case law, provided that:(1) An administrative law judge may, by order, modify the requirements of the Rules of Procedure of SOAH and supplement other procedural requirements of law to promote the fair and efficient handling of a Contested Case; and(2) An administrative law judge may modify the procedural requirements of the Rules of Procedure of SOAH in appropriate cases to facilitate resolution of issues if doing so does not prejudice any of a party's rights or contravene applicable statutes.(b) If there is any conflict between the Rules and Regulations of the Board or a prior decision of the Board and any of the statutory provisions applicable to a Contested Case, the statute controls.(c) Not all contested procedural issues may be susceptible to resolution by reference to the APA and other applicable statutes, the Rules of Procedure of SOAH, the Rules and Regulations of the Board, and case law. When they are not, the presiding administrative law judge shall consider the Texas Rules of Civil Procedure (TRCP) as interpreted and construed by Texas case law, and shall consider persuasive authority established in other forums, in order to issue orders and rulings that are just in the circumstances of the Contested Case.", "sourceNote": "Source Note: The provisions of this §1.233 adopted to be effective July 7, 2002, 27 TexReg 5776." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119377", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "1", "label": "ARCHITECTS" }, "subchapter": { "number": "L", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§1.234", "label": "Suspension of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100583", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If suspension of a person's registration is the appropriate sanction for a violation of a statutory provision or rule enforced by the Board, the Board and the administrative law judge shall apply the following guidelines to determine whether the suspension will be active or probated:(1) The Board and the administrative law judge shall impose an active suspension upon a finding that the respondent:(A) violated a statutory provision or rule enforced by the Board that demonstrated gross negligence or recklessness, or the conduct posed a serious threat to the health or safety of the public;(B) violated a statutory provision or rule enforced by the Board which caused economic damage to property in excess of $1,000;(C) committed a violation of a statutory provision or rule enforced by the Board while the respondent's registration was on probated suspension;(D) has a sanction history including at least two findings by the Board that the respondent engaged in conduct for which the respondent's registration could have been suspended or revoked pursuant to §1.232; or(E) would likely engage in the practice of Architecture in a manner that does not comply with a standard or practice normally followed by a reasonably prudent Architect under the same or similar circumstances.(2) In any case in which active suspension is not warranted, the suspension imposed by the Board shall be probated.(b) A person whose registration is under active suspension may not engage in the Practice of Architecture. A person whose registration is under active suspension may not Supervise and Control or have Responsible Charge over the Practice of Architecture by another.(c) The Board may impose any of the following terms and conditions upon the practice of a person whose registration is subject to a probated suspension:(1) monitoring of practice, including mandatory submission of information to the Board and random and unannounced visits by personnel of the Board to investigate compliance with the terms of the probated suspension;(2) directed continuing education on applicable subjects, including ethics training, in excess of the continuing education requirements applicable to all Registrants;(3) limitations on scope of practice;(4) mandatory Supervision and Control of practice by another registered Architect; and(5) successful completion of a rehabilitation program pursuant to §1.150.(d) If a person violates the terms of a probated suspension of registration, the Board may:(1) prolong the period of probated suspension;(2) impose an active suspension of registration; or(3) impose additional terms and conditions upon the probated suspension.(e) If a person engages in the Practice of Architecture while the person's registration is subject to an active suspension, the Board may impose any or all of the following:(1) issue an order restraining any further practice by the person;(2) impose an administrative penalty;(3) impose an additional period of suspension; or(4) revoke the person's certificate of registration.(f) In addition to fulfilling the terms and conditions of a probated or active suspension of registration, a person must fulfill the requirements of §1.178 in order to obtain reinstatement of the person's suspended certificate of registration.", "sourceNote": "Source Note: The provisions of this §1.234 adopted to be effective March 16, 2005, 30 TexReg 1444." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100583", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "A", "label": "SCOPE; DEFINITIONS" }, "rule": { "number": "§3.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200083", "queryAsDate": "03/11/2026" }, "ruleBody": "The Rules and Regulations of the Board are set forth for the purpose of interpreting and implementing the Landscape Architects' Registration Law.", "sourceNote": "Source Note: The provisions of this §3.1 adopted to be effective February 28, 1990, 15 TexReg 868; amended to be effective March 6, 2003, 28 TexReg 1870." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200083&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200083", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "A", "label": "SCOPE; DEFINITIONS" }, "rule": { "number": "§3.5", "label": "Terms Defined Herein" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177024", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words, terms, and acronyms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) The Act--The Landscape Architects' Registration Law.(2) Administrative Procedure Act (APA)--Texas Government Code §§2001.001 et seq.(3) APA--Administrative Procedure Act.(4) Applicant--An individual who has submitted an application for registration or reinstatement but has not yet completed the registration or reinstatement process.(5) Architectural Barriers Act--Texas Government Code, Chapter 469.(6) Barrier-Free Design--The design of a facility or the design of an alteration of a facility which complies with the Texas Accessibility Standards, the Americans with Disabilities Act, the Fair Housing Accessibility Guidelines, or similarly accepted standards for accessible design.(7) Board--Texas Board of Architectural Examiners.(8) Cancel, Cancellation, or Cancelled--The termination of a Texas landscape architectural registration certificate by operation of law two years after it expires without renewal by the certificate-holder.(9) Candidate--An Applicant approved by the Board to take the LARE.(10) CEPH--Continuing Education Program Hour(s).(11) Chair--The member of the Board who serves as the Board's presiding officer.(12) CLARB--Council of Landscape Architectural Registration Boards.(13) Construction Documents--Drawings; specifications; and addenda, change orders, construction change directives, and other Supplemental Documents prepared for the purpose(s) of Regulatory Approval, permitting, or construction.(14) Consultant--An individual retained by a Landscape Architect who prepares or assists in the preparation of technical design documents issued by the Landscape Architect for use in connection with the Landscape Architect's Construction Documents.(15) Contested Case--A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.(16) Continuing Education Program Hour (CEPH)--At least fifty (50) minutes of time spent in an activity meeting the Board's continuing education requirements.(17) Council of Landscape Architectural Registration Boards (CLARB)--An international nonprofit organization whose members are landscape architectural licensing boards of the U.S. states and Canadian provinces that license landscape architects.(18) Delinquent--A registration status signifying that a Landscape Architect:(A) has failed to remit the applicable renewal fee to the Board; and(B) is no longer authorized to practice Landscape Architecture in Texas or use any of the terms restricted by the Landscape Architects' Registration Law.(19) Direct Supervision--The amount of oversight by an individual overseeing the work of another whereby the supervisor and the individual being supervised work in close proximity to one another and the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision.(20) Emeritus Landscape Architect (or Landscape Architect Emeritus)--An honorary title that may be used by a Landscape Architect who has retired from the practice of Landscape Architecture in Texas pursuant to §1052.155 of the Texas Occupations Code.(21) Energy-Efficient Design--The design of a project and the specification of materials to minimize the consumption of energy in the use of the project. The term includes energy efficiency strategies by design as well as the incorporation of alternative energy systems.(22) Feasibility Study--A report of a detailed investigation and analysis conducted to determine the advisability of a proposed landscape architectural project from a technical landscape architectural standpoint.(23) Good Standing--(A) a registration status signifying that a Landscape Architect is not delinquent in the payment of any fees owed to the Board; or(B) an application status signifying that an Applicant or Candidate is not delinquent in the payment of any fees owed to the Board, is not the subject of a pending TBAE enforcement proceeding, and has not been the subject of formal disciplinary action by a landscape architectural registration board that would provide a ground for the denial of the application for landscape architectural registration in Texas.(24) Governmental Entity--A Texas state agency or department; a district, authority, county, municipality, or other political subdivision of Texas; or a publicly owned Texas utility.(25) Governmental Jurisdiction--A governmental authority such as a state, territory, or country beyond the boundaries of Texas.(26) Inactive--A registration status signifying that a Landscape Architect may not practice Landscape Architecture in the State of Texas.(27) LAAB--Landscape Architectural Accreditation Board.(28) Landscape Architect--An individual who holds a valid Texas landscape architectural registration certificate granted by the Board.(29) Landscape Architect Registration Examination (LARE)--The standardized test that a Candidate must pass in order to obtain a valid Texas landscape architectural registration certificate.(30) Landscape Architects' Registration Law--Chapter 1052, Texas Occupations Code.(31) Landscape Architectural Accreditation Board (LAAB)--An agency that accredits landscape architectural degree programs in the United States.(32) Landscape Architectural Intern--An individual participating in an internship to complete the experiential requirements for landscape architectural registration in Texas.(33) Landscape Architecture--The art and science of landscape analysis, landscape planning, and landscape design, including the performance of professional services such as consultation, investigation, research, the preparation of general development and detailed site design plans, the preparation of studies, the preparation of specifications, and responsible supervision related to the development of landscape areas for:(A) the planning, preservation, enhancement, and arrangement of land forms, natural systems, features, and plantings, including ground and water forms;(B) the planning and design of vegetation, circulation, walks, and other landscape features to fulfill aesthetic and functional requirements;(C) the formulation of graphic and written criteria to govern the planning and design of landscape construction development programs, including:(i) the preparation, review, and analysis of master and site plans for landscape use and development;(ii) the analysis of environmental, physical, and social considerations related to land use;(iii) the preparation of drawings, construction documents, and specifications; and(iv) construction observation;(D) design coordination and review of technical submissions, plans, and construction documents prepared by individuals working under the direction of the Landscape Architect;(E) the preparation of feasibility studies, statements of probable construction costs, and reports and site selection for landscape development and preservation;(F) the integration, site analysis, and determination of the location of buildings, structures, and circulation and environmental systems;(G) the analysis and design of:(i) site landscape grading and drainage;(ii) systems for landscape erosion and sediment control; and(iii) pedestrian walkway systems;(H) the planning and placement of uninhabitable landscape structures, plants, landscape lighting, and hard surface areas;(I) the collaboration of Landscape Architects with other professionals in the design of roads, bridges, and structures regarding the functional, environmental, and aesthetic requirements of the areas in which they are to be placed; and(J) field observation of landscape site construction, revegetation, and maintenance.(34) LARE--Landscape Architect Registration Examination.(35) Licensed--Registered.(36) Member Board--A landscape architectural registration board that is part of CLARB.(37) Nonregistrant--An individual who is not a Landscape Architect.(38) Principal--A Landscape Architect who is responsible, either alone or with other Landscape Architects, for an organization's practice of Landscape Architecture.(39) Prototypical--From or of a landscape architectural design intentionally created not only to establish the landscape architectural parameters of a project but also to serve as a functional model on which future variations of the basic landscape architectural design would be based for use in additional locations.(40) Registrant--Landscape Architect.(41) Regulatory Approval--The approval of Construction Documents by the applicable Governmental Entity after a review of the landscape architectural content of the Construction Documents as a prerequisite to construction of a project.(42) Reinstatement--The procedure through which a Surrendered or revoked Texas landscape architectural registration certificate is restored.(43) Renewal--The procedure through which a Landscape Architect pays a periodic fee so that the Landscape Architect's registration certificate will continue to be effective.(44) Responsible charge--That degree of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered landscape architects applying the applicable landscape architectural standard of care.(45) Revocation or Revoked--The termination of a landscape architectural certificate by the Board.(46) Rules and Regulations of the Board--22 Texas Administrative Code §§3.1 et seq.(47) Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1 et seq.(48) Secretary-Treasurer--The member of the Board responsible for signing the official copy of the minutes of each Board meeting and maintaining the record of Board members' attendance at Board meetings.(49) Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.(50) SOAH--State Office of Administrative Hearings.(51) Sole Practitioner--A Landscape Architect who is the only design professional to offer or render landscape architectural services on behalf of a business entity.(52) State Office of Administrative Hearings (SOAH)--A Governmental Entity created to serve as an independent forum for the conduct of adjudicative hearings involving the executive branch of Texas government.(53) Supervision and Control--The amount of oversight by a landscape architect overseeing the work of another whereby:(A) the landscape architect and the individual performing the work can document frequent and detailed communication with one another and the landscape architect has both control over and detailed professional knowledge of the work; or(B) the landscape architect is in Responsible Charge of the work and the individual performing the work is employed by the landscape architect or by the landscape architect's employer.(54) Supplemental Document--A document that modifies or adds to the technical landscape architectural content of an existing Construction Document.(55) Surrender--The act of relinquishing a Texas landscape architectural registration certificate along with all privileges associated with the certificate.(56) Sustainable Design--An integrative approach to the process of design which seeks to avoid depletion of energy, water, and raw material resources; prevent environmental degradation caused by facility and infrastructure development during their implementation and over their life cycle; and create environments that are livable and promote health, safety and well-being. Sustainability is the concept of meeting present needs without compromising the ability of future generations to meet their own needs.(57) Table of Equivalents for Experience in Landscape Architecture--22 Texas Administrative Code §3.191 and §3.192 of this chapter.(58) TBAE--Texas Board of Architectural Examiners.(59) TDLR--Texas Department of Licensing and Regulation.(60) Texas Department of Licensing and Regulation (TDLR)--A Texas state agency responsible for the implementation and enforcement of the Texas Architectural Barriers Act.(61) Vice-Chair--The member of the Board who serves as the assistant presiding officer and, in the absence of the Chair, serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds the Chair until a new Chair is appointed.", "sourceNote": "Source Note: The provisions of this §3.5 adopted to be effective February 28, 1990, 15 TexReg 868; amended to be effective March 31, 1992, 17 TexReg 2007; amended to be effective December 6, 1995, 20 TexReg 9846; amended to be effective June 30, 1997, 22 TexReg 5921; amended to be effective April 5, 2000, 25 TexReg 2811; amended to be effective February 27, 2001, 26 TexReg 1716; amended to be effective March 6, 2003, 28 TexReg 1871; amended to be effective March 30, 2006, 31 TexReg 2454; amended to be effective September 19, 2006, 31 TexReg 7992; amended to be effective April 3, 2008, 33 TexReg 2691; amended to be effective December 14, 2008, 33 TexReg 10157; amended to be effective June 21, 2009, 34 TexReg 3946; amended to be effective September 25, 2012, 37 TexReg 7482; amended to be effective January 11, 2017, 42 TexReg 13; amended to be effective July 8, 2020, 45 TexReg 4514." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177024", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§3.21", "label": "Registration by Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177027", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to obtain landscape architectural registration by examination in Texas, an Applicant:(1) shall have a professional degree from:(A) a landscape architectural education program accredited by the Landscape Architectural Accreditation Board (LAAB),(B) a landscape architectural education program that became accredited by LAAB not later than two years after the Applicant's graduation,(C) a landscape architectural education program that was granted candidacy status by LAAB and became accredited by LAAB not later than three years after the Applicant's graduation, or(D) a landscape architectural education program outside the United States where an evaluation by Education Credential Evaluators or another organization acceptable to the Board has concluded that the program is substantially equivalent to a doctorate, master's degree, or baccalaureate degree in landscape architecture from a program in the United States;(2) shall successfully demonstrate that he/she has gained sufficient experience working directly under a licensed landscape architect or other experience approved by the Board in accordance with the Texas Table of Equivalents for Experience in Landscape Architecture contained in §3.191 of this Chapter; and(3) shall successfully complete the landscape architectural registration examination as more fully described in Subchapter C of this chapter.(b) An Applicant who applies for landscape architectural registration by examination on or before August 31, 2011 and who commenced his/her landscape architectural education or experience prior to September 1, 1999, is subject to the rules and regulations relating to educational and experiential requirements as they existed on August 31, 1999. This subsection is repealed effective September 1, 2011.(c) For purposes of this section, an Applicant shall be considered to have \"commenced\" his/her landscape architectural education upon enrollment in an acceptable landscape architectural education program. This subsection is repealed effective September 1, 2011.(d) In accordance with federal law, the Board must verify proof of legal status in the United States. Each Applicant shall provide evidence of legal status by submitting a certified copy of a United States birth certificate or other documentation that satisfies the requirements of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. A list of acceptable documents may be obtained by contacting the Board's office.", "sourceNote": "Source Note: The provisions of this §3.21 adopted to be effective January 1, 1976; amended to be effective February 21, 1980, 5 TexReg 428; amended to be effective February 28, 1990, 15 TexReg 869; amended to be effective May 18, 1992, 17 TexReg 3247; amended to be effective April 13, 1994, 19 TexReg 2202; amended to be effective March 5, 1996, 21 TexReg 1536; amended to be effective June 30, 1997, 22 TexReg 5922; amended to be effective April 6, 2000, 25 TexReg 2812; amended to be effective October 10, 2001, 26 TexReg 7844; amended to be effective April 4, 2004, 29 TexReg 3465; amended to be effective March 30, 2006, 31 TexReg 2454; amended to be effective July 13, 2008, 33 TexReg 5317; amended to be effective February 21, 2011, 36 TexReg 927; amended to be effective March 22, 2016, 41 TexReg 2160." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177027", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§3.22", "label": "Registration by Reciprocal Transfer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89585", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may apply for landscape architectural registration by reciprocal transfer if the person holds a landscape architectural registration that is active and in good standing in another jurisdiction and the other jurisdiction:(1) has licensing or registration requirements substantially equivalent to Texas registration requirements; or(2) has entered into a reciprocity agreement with the Board that has been approved by the Governor of Texas.(b) In order to obtain landscape architectural registration by reciprocal transfer, an Applicant must demonstrate the following:(1) the Applicant has:(A) successfully completed the Landscape Architect Registration Examination (LARE) or another landscape architectural registration examination which the Council of Landscape Architectural Registration Boards (CLARB) has approved as conforming to CLARB's examination standards or as being acceptable in lieu of the LARE; and(B) acquired at least two (2) years of acceptable landscape architectural experience following registration in another jurisdiction; or(2) the Applicant currently holds a Council Certificate from CLARB that is in good standing.(c) An Applicant for landscape architectural registration by reciprocal transfer must remit the required registration fee to the Board within sixty (60) days after the date of the tentative approval letter sent to the Applicant by the Board.", "sourceNote": "Source Note: The provisions of this §3.22 adopted to be effective October 10, 2001, 26 TexReg 7845; amended to be effective April 4, 2004, 29 TexReg 3465; amended to be effective November 23, 2014, 39 TexReg 9007; amended to be effective March 22, 2016, 41 TexReg 2161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89585", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§3.23", "label": "Application Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89590", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant for landscape architectural registration by examination must apply through CLARB. The Applicant is responsible for having CLARB transmit to the Board a completed application with all required supporting documentation.(b) An Applicant for landscape architectural registration by reciprocal transfer may apply through CLARB or through the Board's direct application process. If the Applicant applies through CLARB, the Applicant is responsible for having CLARB transmit to the Board a completed application with all required supporting documentation.(c) Upon receipt of the completed application and all required supporting documentation and receipt of the required application fee, the Board shall evaluate the Applicant's application materials. The Board may require additional information or documentation from the Applicant.(d) The Board will notify each Applicant in writing regarding the approval or rejection of the Applicant's application.(e) Pursuant to the provisions of §231.302 of the Texas Family Code, each Applicant shall submit his/her social security number to the Board. The Applicant's social security number shall be considered confidential as stated in §231.302(e) of the Texas Family Code.(f) The Board may take action against an Applicant or Candidate pursuant to Section 3.151 of the Rules and Regulations of the Board.", "sourceNote": "Source Note: The provisions of this §3.23 adopted to be effective October 10, 2001, 26 TexReg 7846." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89590", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§3.25", "label": "Pending Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200085&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200085", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A properly submitted application for registration by examination will be effective for three (3) years from the date it is received by the Board. After three (3) years, the Board may require the Applicant or Candidate to update the application or reapply.(b) Each Candidate approved for examination must pay an annual record maintenance fee as prescribed by the Board or the Candidate's application file will be closed. A Candidate may reopen an application file that was closed pursuant to this section only after payment of a fee equal to the sum of the record maintenance fees for the current year and each year the file has been closed plus any costs directly related to the reopening of the application file. An application file that has been closed for five (5) years or longer may not be reopened.", "sourceNote": "Source Note: The provisions of this §3.25 adopted to be effective October 10, 2001, 26 TexReg 7848." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200085&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200085", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§3.26", "label": "Preliminary Evaluation of Criminal History" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200086", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant, Candidate or a person enrolled or planning to enroll in an accredited landscape architectural educational program may make a written request to the Board's executive director for a preliminary criminal history evaluation letter which states the person's eligibility for registration under §3.149 of this chapter (relating to Criminal Convictions).(b) A person who requests a criminal history evaluation shall provide the following information:(1) a statement describing the offenses for which the requestor has a criminal history;(2) any court documents including, but not limited to, indictments, orders of deferred adjudication, judgments, probation records, and evidence of completion of probation, if applicable;(3) the names and contact information of the parole or probation department, if any, to which the requestor reports; and(4) the required fee for determining eligibility.(c) Within 90 days after receiving a request which complies with subsection (b) of this section, the executive director shall issue a criminal history evaluation letter which states:(1) a determination that a ground for ineligibility based upon criminal conduct does not exist; or(2) a determination that the requestor is ineligible due to criminal conduct and a specific explanation of the basis for that determination, including any factor considered under §3.149(c) or (d) of this chapter (relating to Criminal Convictions) that served as the basis for the determination.(d) For purposes of determining eligibility for registration, a record of conviction is conclusive evidence of guilt. The Board may not consider a conviction in determining eligibility for registration upon receipt of proof that the conviction or an order of probation with or without adjudication of guilt has been reversed or set aside.(e) In the absence of evidence that was not disclosed by the requestor or reasonably available when a request for a criminal history evaluation was under consideration, the executive director's criminal history evaluation letter is a final determination regarding the requestor's eligibility for registration. If found to be ineligible for registration, a requestor may not apply for registration until one year after the date the letter is issued. A requestor who is determined to be ineligible may:(1) submit a request for reconsideration of the determination of ineligibility based upon evidence that was not disclosed or reasonably available to the agency at the time the determination was made;(2) submit a new request for an evaluation no sooner than one year after the date upon which the criminal history evaluation letter was issued; or(3) request a hearing on the determination made in the executive director's criminal history evaluation letter. A hearing conducted pursuant to this section is subject to the Administrative Procedure Act, Chapter 2001, Government Code.(f) The Board shall issue a final order on the determination made in the criminal history evaluation after consideration of a proposal for decision issued by an administrative law judge at the State Office of Administrative Hearings. The Board's final order must specify findings of fact and conclusions of law, stated separately, regarding the person's eligibility for registration in light of his or her criminal history record.(g) A person who is found to be ineligible by a final order of the Board may not file another request for a criminal history evaluation or apply for registration until three (3) years after the date of the Board's final order. However, a person may request reconsideration of the final order based upon evidence that was not disclosed or reasonably available to the Board at the time the final order was issued.", "sourceNote": "Source Note: The provisions of this §3.26 adopted to be effective November 29, 2010, 35 TexReg 10506; amended to be effective July 8, 2020, 45 TexReg 4515." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200086", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§3.27", "label": "Provisional Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167481", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall grant a Certificate of Registration or a provisional Certificate of Registration to an otherwise qualified Candidate who has been convicted of an offense that:(1) is not directly related to the Practice of Landscape Architecture as determined by the executive director under §3.149 of this chapter (relating to Criminal Convictions);(2) is not an offense listed in Article 42A.054, Code of Criminal Procedure; and(3) is not a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.(b) A provisional Certificate of Registration expires six (6) months after the date it is issued.(c) A provisional Certificate of Registration may be Revoked for the following reasons:(1) the provisional Registrant commits another offense during the 6-month provisional Registration period;(2) the provisional Registrant's community supervision, mandatory supervision, or parole is Revoked; or(3) the provisional Registrant violates a statute or rule enforced by the Board.(d) A provisional Registrant who is subject to community supervision, mandatory supervision, or parole shall provide the Board name and contact information of the probation or parole department to which the provisional Registrant reports. The Board shall provide notice to the department upon the issuance of the provisional Certificate of Registration, as well as any terms, conditions or limitations upon the provisional Registrant's practice.(e) Upon successful completion of the provisional Registration period, the Board shall issue a Certificate of Registration to the provisional Registrant. If a provisional Registrant's provisional Certificate is Revoked, the provisional Registrant is disqualified from receiving a Certificate of Registration and may not apply for a Certificate of Registration for a period of three (3) years from the date of Revocation.", "sourceNote": "Source Note: The provisions of this §3.27 adopted to be effective November 29, 2010, 35 TexReg 10506; amended to be effective July 8, 2020, 45 TexReg 4515." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167481", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§3.28", "label": "Child Support Arrearage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217155", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Texas Family Code §232.0135, the Board shall not approve an application for registration from an Applicant who has failed to pay court ordered child support. The Board shall refuse to approve such an application upon receipt of notice of the child support arrearage from the child support agency until receipt of notice from the agency that the arrearage has been paid or other conditions specified in Texas Family Code §232.0135 have been met.", "sourceNote": "Source Note: The provisions of this §3.28 adopted to be effective June 8, 2014, 39 TexReg 4251." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217155", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§3.29", "label": "Registration of a Military Service Member, Military Veteran, or Military Spouse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223678", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) \"Active duty\" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.(2) \"Armed forces of the United States\" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) \"Military service member\" means a person who is on active duty.(4) \"Military spouse\" means a person who is married to a military service member.(5) \"Military veteran\" means a person who has served on active duty and who was discharged or released from active duty.(b) Landscape architectural registration eligibility requirements for military service members, military veterans, and military spouses.(1) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.(2) An Applicant who is a military service member, military veteran, or military spouse may be eligible for registration if the Applicant:(A) Holds an active landscape architectural registration issued by another jurisdiction that has licensing or registration requirements that are substantially equivalent to the requirements for registration in this state; or(B) Held an active landscape architectural registration in this state within the five years preceding the application.(3) Not later than 30 days after a military service member, military veteran, or military spouse files an application for registration, the Board shall process the application, and if the applicant qualifies for registration under this subsection, issue the registration.(4) This subsection does not apply if the Applicant holds a restricted registration issued by another jurisdiction or has an unacceptable criminal history.(c) Alternative temporary registration procedure for an individual who is a military service member or military spouse.(1) An individual who is a military service member or military spouse may qualify for a temporary landscape architectural registration if the individual:(A) holds a current landscape architectural license or registration in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements for landscape architectural registration in this state;(B) notifies the Board in writing of the individual's intent to practice Landscape Architecture in this state;(C) submits to the Board required information to demonstrate eligibility for temporary landscape architectural registration; and(D) receives a verification letter from the Board that:(i) the Board has verified the individual's license or registration in the other jurisdiction; and(ii) the individual is issued a temporary landscape architectural registration.(2) The Board will review and evaluate the following criteria when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for a landscape architectural registration in Texas:(A) whether the other jurisdiction requires an applicant to pass the Landscape Architect Registration Examination (LARE);(B) any experience qualifications required by the jurisdiction to obtain the license or registration; and(C) any education credentials required by the jurisdiction to obtain the license or registration.(3) The individual must submit the following information to the Board to demonstrate eligibility for temporary landscape architectural registration:(A) a written request for the Board to review the individual's eligibility for temporary landscape architectural registration;(B) sufficient documentation to verify that the individual is currently licensed or registered in good standing in another jurisdiction and has no restrictions, pending enforcement actions, or unpaid fees or penalties relating to the license or registration;(C) proof of residency in this state;(D) a copy of the individual's military identification card; and(E) proof the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas.(4) Not later than the 30th day after the date an individual submits the information described by paragraph (3) of this subsection, the Board shall provide the verification described by paragraph (1)(D) of this subsection if the individual is eligible for a temporary registration under this subsection.(5) A temporary landscape architectural registration issued under this subsection expires three years from the date of issuance or when the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is no longer stationed at a military installation in Texas, whichever occurs first. The registration may not be renewed.(6) In the event of a divorce or similar event that affects an individual's status as a military spouse, the spouse's registration will continue in effect until the registration expires three years from the date of issuance.(7) Except as provided under this subsection, an individual who receives a temporary landscape architectural registration under this subsection is subject to and shall comply with all applicable laws, rules, and standards governing the practice of Landscape Architecture in this state.(8) A temporary landscape architectural registration issued under this subsection may be revoked if the individual:(A) fails to comply with paragraph (7) of this subsection; or(B) the individual's license or registration required under paragraph (1)(A) of this subsection expires or is suspended or revoked.(9) The Board shall not charge a fee for the issuance of a temporary landscape architectural registration under this subsection.", "sourceNote": "Source Note: The provisions of this §3.29 adopted to be effective November 23, 2014, 39 TexReg 9007; amended to be effective March 22, 2016, 41 TexReg 2161; amended to be effective April 5, 2020, 45 TexReg 2183; amended to be effective March 28, 2024, 49 TexReg 1930." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223678", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§3.41", "label": "Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117552", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Every Applicant for landscape architectural registration by examination in Texas must successfully complete all sections of the Landscape Architect Registration Examination (LARE).(b) The Board may approve an Applicant to take the LARE only after the Applicant has completed the educational requirements for landscape architectural registration by examination in Texas, and has submitted the required application materials.(c) An Applicant may take the LARE at any official LARE testing center but must satisfy all Texas registration requirements in order to obtain landscape architectural registration by examination in Texas.(d) Each Candidate must achieve a passing score in each division of the LARE. Scores from individual divisions may not be averaged to achieve a passing score.(e) An examination fee may not be refunded. A portion of an examination fee may be reapplied to a subsequent examination as follows:(1) A Candidate, because of extreme hardship, must have been precluded from scheduling or taking the examination or a portion of the examination. For purposes of this subsection, extreme hardship is defined as a serious illness or accident of the Candidate or a member of the Candidate's immediate family or the death of an immediate family member. Immediate family members include the spouse, child(ren), parent(s), and sibling(s) of the Candidate. Any other extreme hardship may be considered on a case-by-case basis.(2) A written request to reapply the examination fee based on extreme hardship must be submitted not later than thirty (30) days after the date of the scheduled examination or portion of the examination. Documentation of the extreme hardship that precluded the applicant from scheduling or taking the examination must be submitted by the Candidate as follows:(A) Illness: verification from a physician who treated the illness.(B) Accident: a copy of an official accident report.(C) Death: a copy of a death certificate or newspaper obituary.(3) The national examination provider must approve the request.", "sourceNote": "Source Note: The provisions of this §3.41 adopted to\r\nbe effective October 10, 2001, 26 TexReg 7849; amended to be effective\r\nApril 4, 2004, 29 TexReg 3466; amended to be effective January 26,\r\n2025, 50 TexReg 471." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117552", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§3.42", "label": "Examination Administration and Scoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214980", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant must apply for landscape architectural registration by examination through CLARB as described in Section 3.23.(b) An Applicant's application and supporting documentation to take a portion of the LARE must be postmarked or received by the Board no later than four (4) months before the earliest date upon which that portion of the LARE is to be administered. The Board shall publish the examination schedule and the application deadline for each portion of the examination on its Web site.(c) A Candidate who is approved to take the LARE must appear personally for examination as directed in the notification letter sent to the Applicant. In order to be admitted for examination, the Candidate must present an official form of identification bearing a recent photograph of the Candidate.(d) Each Candidate shall be responsible for taking to the examination all tools necessary to complete the examination.(e) An explanation of the scoring procedures for the LARE shall be provided to each Candidate before the examination is administered to the Candidate.(f) A Candidate's LARE scores shall be determined by CLARB. The Board shall not review any LARE score to determine its validity.(g) If, for any reason, a Candidate takes a section or sections of the LARE but does not receive a score for the section or sections, the Board shall have no liability beyond authorizing the Candidate to retake the section or sections with the corresponding fee waived.(h) Each Candidate's examination material shall be retained by CLARB for a period of one year following the date the examination was administered.", "sourceNote": "Source Note: The provisions of this §3.42 adopted to be effective October 10, 2001, 26 TexReg 7849; amended to be effective November 21, 2004, 29 TexReg 10507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214980", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§3.43", "label": "Reexamination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214981", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to qualify for registration by examination, a Candidate must schedule and pass all sections of the Landscape Architect Registration Examination (LARE) within the time period required by CLARB.(b) If a Candidate has successfully passed a section of the examination that has expired under CLARB requirements, the Candidate may request an extended period of validity for that section of the examination if, within one year prior to the date the section expired:(1) The Candidate gave birth to, or adopted a child;(2) The Candidate developed a serious medical condition; or(3) The Candidate commenced active duty service as a member of the United States military.(c) If a Candidate gave birth to or adopted a child, the Candidate may receive an extended period of validity of up to six months for an expired examination section.(d) If a Candidate developed a serious medical condition, the Candidate may receive an extended period of validity of up to six months for an expired examination section if the serious medical condition reasonably prevented the Candidate from preparing for or taking the examination.(e) If a Candidate commenced active duty service as a member of the United States military, the Candidate may receive an extended period of validity for an expired examination section equal to the length of time the Candidate was on active duty.(f) Any request for an extension under this section must be received within six months of the expiration of the exam section and must be approved by the Board.", "sourceNote": "Source Note: The provisions of this §3.43 adopted to be effective October 10, 2001, 26 TexReg 7849; amended to be effective March 16, 2005, 30 TexReg 1445; amended to be effective October 18, 2009, 34 TexReg 7072; amended to be effective November 23, 2014, 39 TexReg 9007; amended to be effective September 6, 2023, 48 TexReg 4856." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214981", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§3.44", "label": "Transfer of Passing Scores" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "108985", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Candidate's examination score may be transferred from one CLARB member board to another. The acceptance of the Candidate's score by the board receiving the score shall terminate the Candidate's application with the board transferring the score so that the Candidate has an application pending in only one (1) jurisdiction at any given time. In order to be approved for landscape architectural registration in Texas, a Candidate whose examination score is transferred to Texas must satisfy all requirements for landscape architectural registration in Texas in effect at the time the examination score is transferred.(b) If a Candidate's examination score is transferred from another member board and accepted by the Board, the Candidate must pass all sections of the examination within the time period required by CLARB, as described by §3.43 of this chapter (relating to Reexamination).", "sourceNote": "Source Note: The provisions of this §3.44 adopted to be effective October 10, 2001, 26 TexReg 7849; amended to be effective April 3, 2008, 33 TexReg 2691; amended to be effective September 6, 2023, 48 TexReg 4856." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "108985", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§3.45", "label": "Special Accommodations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89595", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with the Americans with Disabilities Act (ADA), every registration examination must be conducted in an accessible place and manner, or alternative accessible arrangements must be afforded so that no qualified individual with a disability is unreasonably denied the opportunity to complete the licensure process because of his/her disability.(b) Special accommodations can be provided for examinees with physical or mental impairments that substantially limit major life activities. Available accommodations include the modification of examination procedures and the provision of auxiliary aids and services designed to furnish an individual with a disability an equal opportunity to demonstrate his/her knowledge, skills, and ability.(c) The Board is not required to approve every request for accommodation or auxiliary aid or provide every accommodation or service as requested. The Board is not required to grant a request for accommodation if doing so would fundamentally alter the measurement of knowledge or the measurement of a skill intended to be tested by the examination or would create an undue financial or administrative burden.(d) Procedure for requesting accommodation:(1) To protect the integrity of the testing process, an Applicant requesting an accommodation must submit documentation regarding the existence of a disability and the reason the requested accommodation is necessary to provide the Applicant with an equal opportunity to exhibit his/her knowledge, skills, and ability through the examination. The Board shall evaluate each request on a case-by-case basis.(2) An Applicant requesting an accommodation must have a licensed health care professional or other qualified evaluator provide certification regarding the disability as described in subsection (e) of this section.(3) An Applicant seeking an accommodation must make a request for accommodation on the prescribed form and provide documentation of the need for accommodation well in advance of the examination date. If the form is submitted less than sixty (60) days prior to the examination date, the Board will attempt to process the request but might not be able to provide the necessary accommodation for the next examination.(e) The following information is required to support a request for an accommodation or an auxiliary aid:(1) Identification of the type of disability (physical, mental, learning);(2) Credential requirements of the evaluator:(A) For physical or mental disabilities (not including learning), the evaluator shall be a licensed health care professional qualified to assess the type of disability claimed. If a person who does not fit these criteria completes the evaluation, the Board may reject the evaluation and require another evaluation, and the request for accommodation may be delayed.(B) In the case of learning disabilities, a qualified evaluator shall have sufficient experience to be considered qualified to evaluate the existence of learning disabilities and proposed accommodations needed for specific learning disabilities. The evaluator shall be one of the following:(i) a licensed physician or psychologist with a minimum of three years' experience working with adults with learning disabilities; or(ii) another professional who possesses a master's or doctorate degree in special education or educational psychology and who has at least three years of equivalent training and experience in all of the areas described below:(I) assessing intellectual ability and interpreting tests of such ability;(II) screening for cultural, emotional, and motivational factors;(III) assessing achievement level; and(IV) administering tests to measure attention and concentration, memory, language reception and expression, cognition, reading, spelling, writing, and mathematics.(3) Professional verification of the disability, which shall include a description of:(A) the nature and extent of the disability, including a description of its effect on major life activities and the anticipated duration of the impairment;(B) the effect of the disability on the applicant's ability to:(i) evaluate written material;(ii) complete graphic sections of the examination by drawing, drafting, and lettering; and(iii) complete computerized sections of the examination that require data entry via keyboard and the manipulation of a mouse.(C) whether the disability limits the amount of time the Applicant can spend on specific examination tasks;(D) the recommended accommodation and how it relates to the applicant's disability;(E) the professional's name, title, telephone number, and his/her original signature;(F) any other information necessary, in the professional's opinion, to enable the exam provider to understand the examinee's disability and the accommodation necessary to enable the examinee to demonstrate his/her knowledge, skills, and ability.(f) Documentation supporting an accommodation shall be valid for five (5) years from the date submitted to the Board except that no further documentation shall be required where the original documentation clearly states that the disability will not change in the future.(g) The Board has the responsibility to evaluate each request for accommodation and to approve, deny, or suggest alternative reasonable accommodations. The Board may consider an Applicant's history of accommodation in determining its reasonableness in relation to the currently identified impact of the disability.(h) Information related to a request for accommodation shall be kept confidential to the extent provided by law.", "sourceNote": "Source Note: The provisions of this §3.45 adopted to be effective April 4, 2004, 29 TexReg 3466." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89595", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§3.61", "label": "Issuance of Certificates of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89596", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certificates of registration shall be issued to individuals who have satisfied the registration requirements as described in the Landscape Architects' Registration Law and the Rules and Regulations of the Board.(b) Each certificate of registration issued by the Board shall identify the Landscape Architect by name and registration number, indicate the effective date of the registration, and acknowledge the Landscape Architect's right to practice landscape architecture in Texas.", "sourceNote": "Source Note: The provisions of this §3.61 adopted to be effective October 10, 2001, 26 TexReg 7851." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89596", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§3.62", "label": "Display of Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89598", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each Landscape Architect holding an active certificate of registration shall display it at his/her office. If a Landscape Architect maintains an office in more than one (1) location, the Landscape Architect shall display a duplicate certificate at each additional location.(b) A duplicate certificate may be obtained only by filing with the Board an application for a duplicate certificate and paying a fee as prescribed by the Board. A Landscape Architect may not copy his/her certificate of registration in order to display it.", "sourceNote": "Source Note: The provisions of this §3.62 adopted to be effective October 10, 2001, 26 TexReg 7851." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89598", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§3.64", "label": "Surrender of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200084", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect may voluntarily surrender his/her registration by submitting to the Board a written notice of the voluntary surrender that has been signed by the Landscape Architect. The voluntary surrender of a registration shall invalidate the registration. A registration that has been voluntarily surrendered may be reinstated in the manner described in Section 3.66.(b) Upon receipt of written notice from the Board requiring the surrender of a certificate of registration that has been suspended or revoked pursuant to the Rules and Regulations of the Board, a Landscape Architect or former Landscape Architect shall immediately surrender his/her certificate of registration in the manner prescribed in the notice.", "sourceNote": "Source Note: The provisions of this §3.64 adopted to be effective October 10, 2001, 26 TexReg 7851." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200084", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§3.65", "label": "Annual Renewal Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139213", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall send via email an annual registration renewal notice to each Landscape Architect. A Landscape Architect must notify the Board in writing (email, fax, on the Board's Web site, or by U.S. mail) each time the Landscape Architect's email address or mailing address of record changes. The written notice of the Landscape Architect's change of address must be submitted to the Board within thirty (30) days after the effective date of the change of address.(b) A Landscape Architect may renew his/her registration prior to its specified annual expiration date by:(1) remitting the correct fee to the Board; and(2) providing the information and documentation requested by the annual registration renewal notice.(c) If a Landscape Architect fails to remit a completed registration renewal form and the prescribed fee on or before the specified expiration date of the Landscape Architect's registration, the Board shall impose a late payment penalty that must be paid before the Landscape Architect's registration may be renewed.(d) If the Board receives official notice that a Landscape Architect has failed to pay court ordered child support, the Board may be prohibited from renewing the Landscape Architect's registration.(e) If a registration is not renewed within 2 years after the specified registration expiration date, the registration shall be cancelled by operation of law on the two-year anniversary of its expiration without an opportunity for a formal hearing. If a registration is cancelled pursuant to this subsection, the registration may not be reinstated. In order to obtain a new certificate of registration, a person whose registration was cancelled pursuant to this subsection must:(1) submit an application for registration and satisfy all requirements for registration pursuant to §3.21 of this title (regarding Registration by Examination), including the successful completion of the registration examination;(2) submit an application for registration by reciprocal transfer and satisfy all requirements for registration by reciprocal transfer pursuant to §3.22 of this title (regarding Registration by Reciprocal Transfer); or(3) submit an application for registration and demonstrate that he/she moved to another state and is currently licensed or registered and has been in practice in the other state for at least the 2 years immediately preceding the date of the application.", "sourceNote": "Source Note: The provisions of this §3.65 adopted to be effective October 10, 2001, 26 TexReg 7851; amended to be effective April 4, 2004, 29 TexReg 3467; amended to be effective October 9, 2005, 30 TexReg 6429; amended to be effective April 3, 2008, 33 TexReg 2692; amended to be effective December 24, 2008, 33 TexReg 10322; amended to be effective February 22, 2015, 40 TexReg 703; amended to be effective March 22, 2016, 41 TexReg 2162; amended to be effective July 8, 2020, 45 TexReg 4514." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139213", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§3.66", "label": "Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Once the Revocation or Surrender of a Landscape Architect's registration is effective, the registration may be reinstated only after an application for reinstatement is properly submitted and approved and the prescribed reinstatement fee is paid. THE BOARD IS NOT PERMITTED TO REINSTATE A CERTIFICATE OF REGISTRATION WHICH IS CANCELLED BY OPERATION OF LAW DUE TO THE REGISTRANT'S FAILURE TO RENEW THE REGISTRATION WITHIN 2 YEARS AFTER ITS DESIGNATED EXPIRATION DATE.(b) If a reinstatement Applicant has practiced landscape architecture unlawfully or has used the term \"landscape architect,\" the term \"landscape architectural,\" the term \"landscape architecture,\" or any similar term to describe himself/herself or to describe services he/she has offered or provided in Texas since the effective date of the expiration of the Applicant's revoked registration or the Surrender of the Applicant's registration, the reinstatement fee to be paid upon approval of the application shall include an amount equal to the sum of the registration renewal fees for each year since the effective date of the expiration or Surrender.(c) An application for reinstatement may be denied on the following grounds:(1) the registration has been revoked for a continuous period of five (5) years or longer;(2) the reinstatement Applicant has performed an act, omitted an act or allowed an omission, or otherwise engaged in a practice that could serve as the basis for the rejection of an application for registration or for the Revocation of a registration; or(3) the registration was voluntarily Surrendered in lieu of potential disciplinary action and the Board finds that the approval of the reinstatement application does not appear to be in the public's interest.(d) If at least five (5) years have passed since the effective date of the Revocation or Surrender of a registration, one of the following shall be required prior to approval of an application for reinstatement:(1) successful completion of all sections of the current registration examination during the five (5) years immediately preceding reinstatement; or(2) verification that the Applicant currently holds a landscape architectural registration that is active and in good standing in another jurisdiction where the registration requirements are substantially equivalent to Texas landscape architectural registration requirements.(e) If a registration was revoked as a result of disciplinary action or Surrendered in lieu of disciplinary action, the registration shall not be reinstated unless the Applicant:(1) demonstrates that the Applicant has taken reasonable steps to correct the misconduct or deficiency that led to the Revocation or Surrender;(2) demonstrates that approval of the application is not inconsistent with the Board's duty to protect the public by ensuring that registrants are duly qualified and fit for registration; and(3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the Revocation or Surrender.", "sourceNote": "Source Note: The provisions of this §3.66 adopted to be effective October 10, 2001, 26 TexReg 7851; amended to be effective February 12, 2003, 28 TexReg 1175; amended to be effective April 4, 2004, 29 TexReg 3467; amended to be effective April 3, 2008, 33 TexReg 2692; amended to be effective December 24, 2008, 33 TexReg 10322." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135963", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§3.67", "label": "Emeritus Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135964", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect whose registration is in Good Standing may apply for emeritus registration status on a form prescribed by the Board. In order for a Landscape Architect to obtain emeritus status, the Landscape Architect must demonstrate that:(1) he/she has been registered as a Landscape Architect for at least 20 years; and(2) he/she is at least 65 years of age.(b) An Emeritus Landscape Architect may engage in the Practice of Landscape Architecture to the extent that a person who does not hold a certificate of registration as a landscape architect may under §1052.003(a) of the Texas Occupations Code.(c) An Emeritus Landscape Architect may use the title \"Emeritus Landscape Architect\" or \"Landscape Architect Emeritus.\"(d) An Emeritus Landscape Architect may renew his/her registration prior to its specified expiration date by:(1) remitting the correct fee to the Board; and(2) providing the information or documentation requested by the registration renewal notice and signing the renewal form to verify the accuracy of all information and documentation provided.(e) If an Emeritus Landscape Architect fails to remit a completed registration renewal form and the prescribed fee on or before the specified expiration date of the Emeritus Landscape Architect's registration, the Board shall impose a late payment penalty that must be paid before the Emeritus Landscape Architect's registration may be renewed.(f) In order to change his/her registration to active status, an Emeritus Landscape Architect must:(1) apply on a form prescribed by the Board;(2) either submit proof that he/she has completed all continuing education requirements for each year the registration has been emeritus or, in lieu of completing the outstanding continuing education requirements, successfully complete all sections of the current Landscape Architect Registration Examination during the five years immediately preceding the return to active status; and(3) pay a fee as prescribed by the Board.(g) Applications to return to active status may be rejected for any of the reasons for which an initial application for registration may be rejected or for which a registration may be revoked.(h) The Board may require that an application to return to active status include verification that the Applicant has complied with the laws governing the Practice of Landscape Architecture.", "sourceNote": "Source Note: The provisions of this §3.67 adopted to be effective October 10, 2001, 26 TexReg 7851; amended to be effective April 3, 2008, 33 TexReg 2692." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135964", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§3.68", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204318", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect whose registration is in good standing may apply for Inactive registration status on a form prescribed by the Board.(b) An Inactive Landscape Architect may not practice Landscape Architecture. The prohibition against the practice of Landscape Architecture by Inactive Landscape Architects applies to landscape architectural projects that may be designed by Nonregistrants as well as to projects that may be designed only by registered Landscape Architects. If an Inactive Landscape Architect engages in the practice of Landscape Architecture, the Inactive Landscape Architect's registration may be suspended or revoked and the Inactive Landscape Architect may be fined as allowed by the Landscape Architects' Registration Law for each day that the Inactive Landscape Architect has engaged in the practice of Landscape Architecture.(c) An Inactive Landscape Architect shall not use his/her landscape architectural seal during any period that his/her registration is Inactive.(d) An Inactive Landscape Architect shall pay an annual fee as prescribed by the Board.(e) In order to return his/her registration to active status, an Inactive Landscape Architect must:(1) apply on a form prescribed by the Board;(2) either submit proof that he/she has completed all continuing education requirements for each year the registration has been Inactive if continuing education was required for that year or, in lieu of completing the outstanding continuing education requirements, successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; and(3) pay a fee as prescribed by the Board.(f) An Inactive Landscape Architect whose registration has been Inactive for a continuous period of five (5) years or longer must do the following before the Inactive Landscape Architect may return to active status:(1) successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; or(2) furnish evidence that the Inactive Landscape Architect currently holds a landscape architectural registration in another jurisdiction where the registration requirements are substantially equivalent to Texas landscape architectural registration requirements and that the current landscape architectural registration is in good standing.(g) An application to return to active status may be rejected for any of the reasons that an initial application for registration may be rejected or that a registration may be revoked.(h) The Board may require that an application to return to active status include verification that the applicant has complied with the laws governing the practice of landscape architecture.(i) An Inactive Landscape Architect may use the title \"Emeritus Landscape Architect\" or \" Landscape Architect Emeritus\" after filing the appropriate form with the board if the Inactive Landscape Architect held an emeritus Landscape architectural registration on or before January 1, 2002.(j) Nonregistrants may not use the title \"Emeritus Landscape Architect\" or \"Landscape Architect Emeritus.\"", "sourceNote": "Source Note: The provisions of this §3.68 adopted to be effective October 10, 2001, 26 TexReg 7851; amended to be effective June 2, 2002, 27 TexReg 4703; amended to be effective April 3, 2008, 33 TexReg 2692." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204318", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§3.69", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135959", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of this Section, the following definitions shall apply:(1) Approved Subject Areas - The following are the Approved Subject Areas for qualifying continuing education:(A) Building codes;(B) Code of ethics;(C) Codes, acts, laws, and regulations governing the practice of Landscape Architecture;(D) Construction administration, including construction contracts;(E) Construction documents;(F) Design of environmental systems;(G) Environmental process and analysis;(H) Erosion control methods;(I) Grading;(J) Horticulture;(K) Irrigation methods;(L) Land planning and land use analysis;(M) Landscape preservation, landscape restoration and adaptive reuse;(N) Lateral forces;(O) Natural hazards - impact of earthquake, hurricane, fire, or flood related to site design;(P) Pedestrian and vehicular circulation;(Q) Planting design;(R) Resource conservation and management;(S) Roadway design principles;(T) Site accessibility, including Americans with Disabilities Act standards for accessible site design;(U) Site and soils analysis;(V) Site design and engineering, including materials, methods, technologies, and applications;(W) Site security and safety;(X) Storm water management, surface and subsoil drainage;(Y) Structural systems considerations;(Z) Surveying methods and techniques as they affect Landscape Architecture;(AA) Sustainable design, including techniques related to energy efficiency;(BB) Use of site materials and methods of site construction;(CC) Vegetative management;(DD) Wetlands;(EE) Zoning as it relates to the improvement and/or protection of the public health, safety, and welfare;(FF) Other matters of law and ethics that contribute to the health, safety, and welfare of the public;(2) Health, Safety, and Welfare - Subject matter applying to the principles of mathematical, physical, and social sciences in consultation, evaluation, planning, design (including, but not limited to, the preparation and filing of plans, drawings, specifications, and other contract documents), and administration of contracts relative to projects principally directed at the functional and aesthetic use and preservation of land.(3) Structured Course Study - Courses of study relevant to the practice of Landscape Architecture, taught or otherwise provided by qualified individuals or organizations, delivered by direct, in-person contact or through distance learning methods, the completion of which results in the issuance of a certificate or other record of attendance to the Landscape Architect by the provider.(4) Self-Directed Study - Time spent by a Landscape Architect developing knowledge and skills relevant to the practice of Landscape Architecture that does not qualify as Structured Course Study.(b) During each calendar year between January 1 and December 31, a Landscape Architect shall complete a minimum of 12 qualifying continuing education program hours (CEPH) according to the requirements of this section. Each hour of continuing education applied to this requirement shall directly relate to Health, Safety, and Welfare.(c) Of the 12 qualifying CEPH, each Landscape Architect shall complete a minimum of one CEPH relating to Barrier-Free Design and one CEPH relating to Sustainable or Energy-Efficient Design.(d) Of the 12 qualifying CEPH, each Landscape Architect shall complete a minimum of eight CEPH in Structured Course Study.(1) Each hour of Structured Course Study shall address one or more Approved Subject Areas and at least 45 minutes of every hour of CEPH shall directly relate to Health, Safety, and Welfare.(2) Examples of Structured Course Study include the following:(A) Attendance at continuing education courses dealing with technical landscape architectural subjects related to the Landscape Architect's profession, ethical business practices, or new technology.(B) The completion of college or university credit courses addressing landscape architectural subjects, ethical business practices or new technology. Each semester or quarter credit hour shall equal one CEPH.(e) Of the 12 qualifying CEPH, each Landscape Architect may claim a maximum of four hours of Self-Directed Study. Examples of Self-Directed Study may include the following:(1) Reading written material or reviewing audio, video, or digital media that develops knowledge and skills relevant to the practice of Landscape Architecture but does not qualify as Structured Course Study;(2) Time spent in landscape architectural research for publication or formal presentation to the profession or public;(3) Time spent in professional service to the general public that draws upon the Landscape Architect's professional expertise, such as serving on planning commissions, building code advisory boards, urban renewal boards, code study committees, or educational outreach activities;(4) Time spent preparing to teach or teaching landscape architectural courses. A Landscape Architect may not claim credit for preparing for or teaching the same course more than once; and(5) One CEPH may be claimed for attendance at one full-day session of a meeting of the Texas Board of Architectural Examiners.(f) A Landscape Architect may be exempt from continuing education requirements for any of the following reasons:(1) A Landscape Architect shall be exempt upon initial registration and upon reinstatement of registration through December 31st of the calendar year of his/her initial or reinstated registration;(2) An inactive or emeritus Landscape Architect shall be exempt during any calendar year in which the Landscape Architect's registration is in inactive or emeritus status, but all continuing education credits for each period of inactive or emeritus registration shall be completed before the Landscape Architect's registration may be returned to active status;(3) A Landscape Architect who is not a full-time member of the Armed Forces shall be exempt for any calendar year during which the Landscape Architect serves on active duty in the Armed Forces of the United States for a period of time exceeding 90 consecutive days;(4) A Landscape Architect who has an active landscape architectural registration in another jurisdiction shall be exempt from mandatory continuing education program requirements in Texas for any calendar year during which the Landscape Architect satisfies the other jurisdiction's continuing education program requirements, provided that the other jurisdiction's continuing education requirements are substantially equivalent to Texas requirements. Notwithstanding this exemption, the Landscape Architect shall complete one CEPH relating to Barrier-Free Design and one CEPH relating to Sustainable or Energy-Efficient Design; or(5) A Landscape Architect who is, as of September 1, 1999, a full-time faculty member or other permanent employee of an institution of higher education, as defined in §61.003, Education Code, and who in such position is engaged in teaching Landscape Architecture.(g) A Landscape Architect shall maintain a detailed record of the Landscape Architect's continuing education activities, including all course completion certificates documenting completion of Structured Course Study and a record of Self-Directed Study including a date and description of the claimed activity, for a period of five years after the end of the calendar year for which credit is claimed.(h) When renewing his/her annual registration, a Landscape Architect shall complete an attestation regarding the Landscape Architect's compliance with minimum continuing education requirements. A Landscape Architect may attest to compliance and shall be considered compliant with continuing education requirements if:(1) The Landscape Architect fulfilled minimum continuing education program requirements during the immediately preceding calendar year according to the requirements of this Section; or(2) The Landscape Architect failed to fulfill minimum continuing education program hours during the immediately preceding calendar year, but prior to renewing his/her registration in the current calendar year, the Landscape Architect:(A) Completed sufficient qualifying CEPH to correct any deficiency for the prior calendar year (which will be applied to the previous calendar year and cannot be applied to the current calendar year requirement); and(B) Completed 12 hours of qualifying CEPH to be applied to the current calendar year requirement.(i) Upon written request, the Board may require a Landscape Architect to produce documentation to prove that the Landscape Architect has complied with the minimum continuing education program requirements.(1) Board staff will review a Landscape Architect's response to such a request to determine whether the Landscape Architect is in compliance with this Section.(2) If a Landscape Architect fails to provide acceptable documentation of compliance within 30 days of a request, the Landscape Architect will be presumed to have not complied with minimum continuing education requirements.(3) The Board has final authority to determine whether to award or deny credit claimed by a Landscape Architect for continuing education activities.(j) Violations of continuing education requirements and administrative penalties:(1) Falsely attesting to compliance with minimum continuing education requirements shall be subject to an administrative penalty in the amount of $500;(2) Failure to timely complete minimum continuing education requirements shall be subject to an administrative penalty in the amount of $100 for every hour of deficiency per calendar year;(3) Failure to maintain a detailed record of continuing education activities shall be subject to an administrative penalty of $100 for every hour of claimed continuing education for which a Landscape Architect is unable to provide proof of compliance; and(4) Failure to timely respond to or comply with a continuing education audit or verification shall be subject to an administrative penalty of $250 per failure.(k) The administrative penalties identified in subsection (j) of this section are considered appropriate for a first-time violation of continuing education requirements. If a Landscape Architect was previously found to have violated the Board's continuing education requirements in a warning or Order of the Board, the Board may increase the penalty up to a factor of two for a second or subsequent violation, in addition to consideration of suspension or revocation of registration under §3.232 of the Board's rules.(l) The administrative penalties identified in subsection (j) of this section are to be applied to each individual violation of the Board's continuing education requirements. If a Landscape Architect has committed multiple violations, the Landscape Architect shall be subject to a separate administrative penalty for each violation.(m) If a Landscape Architect is registered to practice more than one of the professions regulated by the Board and the Landscape Architect completes a continuing education activity that is directly related to more than one of those professions, the Landscape Architect may submit that activity for credit for all of the professions to which it relates. The Landscape Architect must maintain a separate detailed record of continuing education activities for each profession.(n) A Landscape Architect may receive credit for up to 24 CEPH earned during any single calendar year. A maximum of 12 CEPH that is completed in excess of the continuing education requirements for a calendar year may be carried forward to satisfy the continuing education requirements for the next calendar year.(o) As the term is defined in §3.29(a) of the Board's rules, a military service member is entitled to two years of additional time to complete any CEPH requirements.", "sourceNote": "Source Note: The provisions of this §3.69 adopted to be effective April 1, 2021, 46 TexReg 1739." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135959", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§3.82", "label": "Annual Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104417", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall send an annual notice to each person who must pay a fee that is due annually. Each annual notice shall be sent to the intended recipient's current address of record. Every annual fee must be paid regardless of whether an annual notice is received.(b) Every Registrant must pay his/her annual renewal fee on or before the designated expiration date of the Registrant's certificate of registration. If a Registrant fails to pay his/her annual renewal fee on or before the designated expiration date of the Registrant's certificate of registration, the Board shall require that the Registrant pay a penalty fee in addition to the registration renewal fee before the registration may be renewed. A person whose certificate of registration has expired may not engage in activities that require registration until the certificate of registration has been renewed.(c) If a Registrant fails to renew his/her certificate of registration within 2 years after its designated expiration date, the certificate of registration shall be cancelled by operation of law without the opportunity for a formal hearing. The Board shall send a notice of pending cancellation to a Registrant who fails to renew his/her certificate of registration within 2 years after its designated expiration date. The notice shall be sent to the Registrant's current address of record.", "sourceNote": "Source Note: The provisions of this §3.82 adopted to be effective March 25, 2002, 27 TexReg 2233; amended to be effective April 4, 2004, 29 TexReg 3469; amended to be effective April 3, 2008, 33 TexReg 2692." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104417", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "F", "label": "LANDSCAPE ARCHITECT'S SEAL" }, "rule": { "number": "§3.101", "label": "Seal Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113422", "queryAsDate": "03/11/2026" }, "ruleBody": "As provided below, a Landscape Architect may not issue or authorize the issuance of a document regulated by this Subchapter unless, pursuant to the requirements of this Subchapter, the document is:(1) sealed, signed, and dated, pursuant to Subsection 3.103(a), thereby indicating that it may be used for regulatory approval, permitting, or construction; or(2) labeled with the Landscape Architect's name and the date and clearly marked to indicate that it may not be used for regulatory approval, permitting, or construction pursuant to Subsection 3.103(b).", "sourceNote": "Source Note: The provisions of this §3.101 adopted to be effective August 2, 2000, 25 TexReg 7163; amended to be effective September 29, 2003, 28 TexReg 8330." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113422", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "F", "label": "LANDSCAPE ARCHITECT'S SEAL" }, "rule": { "number": "§3.102", "label": "Type and Design" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113423", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On every document requiring a Landscape Architect's seal, the Landscape Architect shall affix or cause the affixation of a seal that will produce a clearly visible and legible image of the seal when the document is copied or reproduced. A Landscape Architect may not affix or authorize the affixation of an impression or embossing seal on a document requiring a seal unless the impression or embossing seal will produce a clearly visible and legible image of the seal when the document is copied or reproduced. (b) The design of a Landscape Architect's seal shall be the same as the design of the sample seal shown in this Subsection except that the name of the Landscape Architect and the Landscape Architect's registration number shall be substituted for the name and registration number shown on the sample seal. The diameter of the seal shall be no smaller than one and one-half (1.5) inches. Attached Graphic(c) A document regulated by this Subchapter may be issued electronically or in any other format selected by the Landscape Architect whose seal and signature are affixed to the document. A Landscape Architect's seal and signature and the date of signing may be affixed electronically or through any other means selected by the Landscape Architect as long as the seal, signature, and date will produce a clearly visible and legible image on any copy or reproduction of the document to which they are affixed.", "sourceNote": "Source Note: The provisions of this §3.102 adopted to be effective August 2, 2000, 25 TexReg 7163; amended to be effective September 29, 2003, 28 TexReg 8330; amended to be effective July 5, 2004, 29 TexReg 6283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113423", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "F", "label": "LANDSCAPE ARCHITECT'S SEAL" }, "rule": { "number": "§3.103", "label": "Required Use of Seal and Retention of Sealed Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104420", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Construction Documents(1) On every Construction Document prepared by a Landscape Architect or under a Landscape Architect's Supervision and Control, the Landscape Architect shall affix or cause the affixation of:(A) the Landscape Architect's seal;(B) the Landscape Architect's signature (across the face of the seal's image or directly under or adjacent to the seal's image); and(C) the date of signing (including the month, day, and year) before the Construction Document is issued by or under the authority of the Landscape Architect.(2) The Landscape Architect's seal and signature and the date must be affixed in a manner that will be clearly visible and legible on each copy of a Construction Document issued by or under the authority of the Landscape Architect. The Landscape Architect's signature and the date may not conceal or obscure the name or registration number on the seal.(3) Construction Documents requiring a seal, signature, and date include the following:(A) each sheet of drawings or electronic equivalent of a sheet of drawings;(B) each specification: if a specification is included in a bound grouping of specifications that includes a table of contents or index listing each individual specification, the seal must be placed in at least one conspicuous location on the bound document; any individual specification sheet or electronic equivalent of a specification sheet that is issued separately must be sealed individually;(C) each sheet or electronic equivalent of a sheet that identifies the project and provides a list of sealed Construction Documents, such as a title sheet, table of contents, or index; and(D) each landscape architectural drawing and specification that is part of an addenda, change order, construction change directive, or other Supplemental Document.(b) Documents issued for purposes other than regulatory approval, permitting, and construction:(1) A landscape architectural drawing or specification issued by or under the authority of a Landscape Architect for a purpose other than regulatory approval, permitting, or construction shall include:(A) the Landscape Architect's name;(B) the date the document is issued (including the month, day, and year); and(C) the following statement placed in a conspicuous location on the document: \"Not for regulatory approval, permitting, or construction.\"(2) Each landscape architectural drawing and specification included in a Feasibility Study issued by or under the authority of a Landscape Architect must be sealed, signed, and dated in the manner described in Subsection 3.103(a) or labeled with the Landscape Architect's name and the date and clearly marked to indicate that it may not be used for regulatory approval, permitting, or construction in the manner described in Subsection 3.103(b).(c) For a minimum of ten (10) years from the date of signature on each Construction Document and Prototypical Construction Document sealed by or under the authority of a Landscape Architect, the sealing Landscape Architect shall be responsible for the maintenance of the sealed, signed, and dated original document or a copy of the document bearing the clearly visible and legible seal, signature, and date.", "sourceNote": "Source Note: The provisions of this §3.103 adopted to be effective August 2, 2000, 25 TexReg 7164; amended to be effective September 29, 2003, 28 TexReg 8330; amended to be effective July 5, 2004, 29 TexReg 6283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104420", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "F", "label": "LANDSCAPE ARCHITECT'S SEAL" }, "rule": { "number": "§3.104", "label": "Prohibitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104421", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in Subsection 3.105, a Landscape Architect may not affix or authorize the affixation of his/her seal to any document unless the document was prepared by the Landscape Architect or under the Landscape Architect's Supervision and Control.(b) If only a portion of a document was prepared by a Landscape Architect or under a Landscape Architect's Supervision and Control, the Landscape Architect's seal may not be affixed to the document unless:(1) the portion of the document prepared by the Landscape Architect or under the Landscape Architect's Supervision and Control is clearly identified; and(2) it is clearly indicated on the document that the Landscape Architect's seal applies only to that portion of the document prepared by the Landscape Architect or under the Landscape Architect's Supervision and Control.(c) Only the Landscape Architect and any person with the Landscape Architect's consent may use or attempt to use a Landscape Architect's seal. No other person may use or attempt to use:(1) a Landscape Architect's seal;(2) a copy of a Landscape Architect's seal; or(3) a replica of a Landscape Architect's seal.(d) A Landscape Architect may not modify a document bearing another Landscape Architect's seal without first:(1) taking reasonable steps to notify the sealing Landscape Architect of the intent to modify the document; and(2) clearly indicating on the document the extent of the modifications made.(e) Once a Construction Document bearing a Landscape Architect's seal is issued, the seal may not be removed.", "sourceNote": "Source Note: The provisions of this §3.104 adopted to be effective August 2, 2000, 25 TexReg 7165; amended to be effective September 29, 2003, 28 TexReg 8330." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104421", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "F", "label": "LANDSCAPE ARCHITECT'S SEAL" }, "rule": { "number": "§3.105", "label": "Prototypical Design" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104422", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect may not affix or authorize the affixation of the Landscape Architect's seal to a Prototypical Construction Document derived from a Prototypical design prepared by another person unless:(1) the Landscape Architect thoroughly reviews and makes appropriate changes to all aspects of the Prototypical design to adapt the Prototypical design to the specific site and ensure compliance with all applicable statutes, codes, and other regulatory provisions;(2) the Landscape Architect affixes or causes the affixation of the Landscape Architect's seal and signature and the date of signing to each sheet or electronic equivalent of a sheet of the adapted Prototypical Construction Documents in the manner described in Subsection 3.103(a); and(3) the Landscape Architect accepts full responsibility for each sheet or electronic equivalent of a sheet of the adapted Prototypical Construction Documents on which the Landscape Architect's seal is placed.(b) In addition to the responsibility set forth in Subsection 3.103(c), a Landscape Architect who affixes or authorizes the affixation of his/her seal to an adapted Prototypical Construction Document derived from a Prototypical design prepared by another person shall be responsible for the maintenance of a copy of the complete set of Prototypical design documents prepared by the other person for at least ten (10) years from the date of the Landscape Architect's signature on the adapted Prototypical Construction Document.", "sourceNote": "Source Note: The provisions of this §3.105 adopted to be effective September 29, 2003, 28 TexReg 8333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104422", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "F", "label": "LANDSCAPE ARCHITECT'S SEAL" }, "rule": { "number": "§3.106", "label": "Other Professional Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123890", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect shall provide a written statement of jurisdiction to each client for whom the Landscape Architect renders a landscape architectural service in Texas.(b) The statement of jurisdiction shall:(1) state that \"The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas\";(2) include the Board's current mailing address and telephone number; and(3) be placed within every written contract for landscape architectural services.(c) If a Landscape Architect provides a landscape architectural service to a client without entering into a written contract with the client, the Landscape Architect shall provide the client with the statement of jurisdiction:(1) by including the statement of jurisdiction in each bill for landscape architectural services presented to the client, or(2) if the client visits the Landscape Architect's office, by posting the statement of jurisdiction on a sign prominently displayed in the Landscape Architect's office.(d) If, in the course of his/her work on a landscape architectural project, a Landscape Architect becomes aware of a course of action taken against the Landscape Architect's advice which may violate an applicable statute, code, or other regulatory provision and which is reasonably likely to have a material adverse effect on the safe use of the completed project, the Landscape Architect shall:(1) report the course of action in writing to the owner, to the local building official with jurisdiction over the project, and to other responsible parties; and(2) refuse to consent to the course of action.", "sourceNote": "Source Note: The provisions of this §3.106 adopted to be effective September 29, 2003, 28 TexReg 8333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123890", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§3.121", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "126380", "queryAsDate": "03/11/2026" }, "ruleBody": "In carrying out its responsibility to insure strict enforcement of the Landscape Architects' Registration Law (the Act), the Board may investigate circumstances which appear to violate or abridge the requirements of the Act or the rules dealing with the practice of Landscape Architecture and the use of the term \"landscape architect,\" the term \"landscape architectural,\" the term \"landscape architecture,\" or any similar term. The Board may also investigate representations which imply that a person or a business entity is legally authorized to offer or provide landscape architectural services to the public. Violations of the Act or the rules which cannot be readily resolved through settlement shall be disposed of by administrative, civil, or criminal proceedings as authorized by law.", "sourceNote": "Source Note: The provisions of this §3.121 adopted to be effective September 19, 1996, 21 TexReg 8671 ; amended to be effective February 27, 2001, 26 TexReg 1717; amended to be effective February 12, 2003, 28 TexReg 1176; amended to be effective March 30, 2006, 31 TexReg 2455." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "126380", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§3.122", "label": "Association" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "99522", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect or a Principal, on behalf of a Landscape Architecture firm, who forms a business association to jointly provide landscape architectural services with any Nonregistrant who is:(1) not an employee of the Landscape Architect or Landscape Architecture firm;(2) not a client of the Landscape Architect or Landscape Architecture firm; and(3) not a subcontractor nor a consultant of the Landscape Architect or Landscape Architecture firm under contract with a client except as described in subsection (e) of this section shall, prior to providing such services on behalf of the business association, enter into a written agreement of association with the Nonregistrant whereby the Landscape Architect or the Landscape Architecture firm agrees to be responsible for the preparation of all Construction Documents issued by the association.(b) The written agreement of association shall include the following:(1) The date when the agreement to associate is effective;(2) The name, address, telephone number, registration number, and signature of the Landscape Architect or Principal on behalf of a Landscape Architecture firm which has agreed to associate with the Nonregistrant;(3) The name, address, telephone number, and signature of the Nonregistrant with whom the Landscape Architect or Principal has agreed to associate.(c) The Landscape Architect or Principal shall prepare or exercise Supervision and Control over the preparation of all Construction Documents issued by the association unless the Construction Documents are prepared and issued as described in subsection (e) of this section. All Construction Documents prepared pursuant to the association described in this section shall be sealed, signed, and dated in accordance with the provisions of Subchapter F.(d) The Landscape Architect who seals Construction Documents on behalf of the association shall retain paper or electronic copies of them, together with the written agreement of association, and make them available for review by the Board for ten (10) years after the date of the Landscape Architect's signature on the Construction Documents.(e) If, pursuant to §1052.005(b) of the Texas Occupations Code, a Texas Landscape Architect associates with a person who is not a Texas Landscape Architect but is registered as a landscape architect in another jurisdiction and does not maintain or open an office in Texas, the Texas Landscape Architect shall, at a minimum, exercise Responsible Charge over the preparation of all Construction Documents issued for use in Texas as a result of the association. The Texas Landscape Architect shall seal, sign, and date all Construction Documents issued for use in Texas as a result of the association in the same manner as if the Landscape Architect had prepared the Construction Documents or they had been prepared under the Landscape Architect's Supervision and Control. All other requirements of this section relating to associations apply to an association between a Landscape Architect and a person registered as a landscape architect in another jurisdiction regardless of whether the Texas Landscape Architect or the landscape architect from another jurisdiction acts as the \"consultant\" as that term is used in §1052.005(b) of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §3.122 adopted to be effective February 27, 2001, 26 TexReg 1718; amended to be effective February 12, 2003, 28 TexReg 1176; amended to be effective September 19, 2006, 31 TexReg 7993." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "99522", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§3.123", "label": "Titles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155990", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Landscape Architects duly registered in Texas are authorized to use the term \"landscape architect,\" the term \"landscape architectural,\" the term \"landscape architecture,\" and any similar term to describe themselves and to describe services they offer and perform in Texas.(b) A firm, partnership, corporation, or other business association may use the term \"landscape architect,\" the term \"landscape architectural,\" the term \"landscape architecture,\" or any similar term in its name or to describe services it offers or performs in Texas only under the following conditions:(1) The business employs at least one Landscape Architect on a full-time basis or associates with at least one Landscape Architect pursuant to the provisions of §3.122; and(2) The Landscape Architect(s) employed by or associated with the business pursuant to subsection (b)(1) of this section exercise Supervision and Control over all landscape architectural services performed by Nonregistrants on behalf of the business.(c) No entity other than those qualified under subsections (a) and (b) of this section may use the term \"landscape architect,\" the term \"landscape architectural,\" the term \"landscape architecture,\" or any similar term in its name or to describe services it offers or performs in Texas.(d) A person participating in an internship to complete the experiential requirements for landscape architectural registration in Texas may use the title \"landscape architectural intern.\"", "sourceNote": "Source Note: The provisions of this §3.123 adopted to be effective February 27, 2001, 26 TexReg 1718; amended to be effective February 12, 2003, 28 TexReg 1176." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155990", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§3.124", "label": "Business Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "140221", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architecture firm or other business entity that offers or provides landscape architectural services in Texas must annually register information regarding the firm or business entity with the Board, including an email address to which all TBAE correspondence will be sent.(b) A Landscape Architect or a Landscape Architecture firm which enters into an agreement to create a business association pursuant to §3.122 of this title (relating to Association) shall annually register the association with the Board, including an email address to which all TBAE correspondence will be sent.(c) If a Landscape Architecture firm, business entity, or association dissolves or otherwise becomes unable to lawfully offer or provide Landscape Architecture services in Texas, the Landscape Architecture firm, business entity, or association shall so notify the Board in writing. Such notification must be postmarked or otherwise provided within 30 days of the date of dissolution or the date the Landscape Architecture firm, business entity, or association became unable to lawfully offer or provide Landscape Architecture services. Such a Landscape Architecture firm, business entity, or association may not continue to offer or provide Landscape Architecture services unless it employs or contracts with a Landscape Architect to offer or provide service and updates its registration within that 30 day period.(d) A Landscape Architect who is a sole practitioner doing business under his/her name, which is registered with the Board, is exempt from the requirements of subsections (a) - (c) of this section.(e) Each registered Landscape Architecture firm, business entity, or association shall annually renew its unexpired registration and pay a renewal fee not later than the anniversary of the date of its initial registration. Each registered Landscape Architecture firm, business entity, and association shall pay a registration renewal fee to renew an expired registration in an amount equal to 1-1/2 times the normally required renewal fee if the registration has been expired for 90 days or less and in an amount equal to twice the normally required renewal fee if the registration has been expired for longer than 90 days. A firm, business entity, or association which offers or renders two or more professional disciplines regulated by the Board shall pay a single registration fee.", "sourceNote": "Source Note: The provisions of this §3.124 adopted to be effective February 27, 2001, 26 TexReg 1718; amended to be effective February 12, 2003, 28 TexReg 1176; amended to be effective September 19, 2006, 31 TexReg 7993; amended to be effective April 17, 2012, 37 TexReg 2633." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "140221", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.141", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160891", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) These rules of professional conduct are promulgated pursuant to the Landscape Architects' Registration Law (the Act), Chapters 1051 and 1052, Texas Occupations Code which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonably necessary for the regulation of the practice of landscape architecture and the enforcement of the Act. Except as otherwise noted, these rules of professional conduct apply only to situations which are directly or indirectly related to the practice of landscape architecture.(b) The Board may revoke, suspend, or refuse to renew a Landscape Architect's certificate of registration, place on probation a Landscape Architect whose certificate of registration has been suspended, reprimand a Landscape Architect, or assess an administrative penalty against a Landscape Architect for a violation of any provision of these rules of professional conduct or other provisions of the Rules and Regulations of the Board or the Act. The Board also may take action against an Applicant pursuant to section 3.151. A single instance of misconduct may be grounds for disciplinary action by the Board.(c) Upon a finding of professional misconduct, the Board shall consider the following factors in determining an appropriate sanction or sanctions:(1) the seriousness of the conduct, including the hazard or potential hazard to the health or safety of the public;(2) the economic damage or potential damage to property caused by the misconduct;(3) the respondent's history concerning previous grounds for sanction;(4) the sanction necessary to deter future misconduct;(5) efforts to correct the misconduct; and(6) any other matter justice may require.(d) These rules of professional conduct are not intended to suggest or define standards of care in civil actions against Landscape Architects involving their professional conduct.(e) A Landscape Architect may donate his/her services to charitable causes but must adhere to all provisions of the Act and the Rules and Regulations of the Board in the provision of all landscape architectural services rendered regardless of whether the Landscape Architect is paid for the services.", "sourceNote": "Source Note: The provisions of this §3.141 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective July 5, 2004, 29 TexReg 6284; amended to be effective March 20, 2009, 34 TexReg 1851." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160891", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.142", "label": "Competence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85374", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect shall undertake to perform a professional service only when the Landscape Architect, together with those whom the Landscape Architect shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. During the delivery of a professional service, a Landscape Architect shall act with reasonable care and competence and shall apply the technical knowledge and skill which is ordinarily applied by reasonably prudent landscape architects practicing under similar circumstances and conditions.(b) A Landscape Architect shall not affix his/her signature or seal to any landscape architectural plan or document dealing with subject matter in which he/she is not qualified by education and/or experience to form a reasonable judgment.(c) \"Gross Incompetency\" shall be grounds for disciplinary action by the Board. A Landscape Architect may be found guilty of \"Gross Incompetency\" under any of the following circumstances:(1) the Landscape Architect has engaged in conduct that provided evidence of an inability or lack of skill or knowledge necessary to discharge the duty and responsibility required of a Landscape Architect;(2) the Landscape Architect engaged in conduct which provided evidence of an extreme lack of knowledge of, or an inability or unwillingness to apply, the principles or skills generally expected of a reasonably prudent landscape architect under the same or similar circumstances and conditions;(3) the Landscape Architect has been adjudicated mentally incompetent by a court; or(4) pursuant to §3.150(b) of this title (relating to Substance Abuse).", "sourceNote": "Source Note: The provisions of this §3.142 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective March 3, 2013, 38 TexReg 1182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85374", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.143", "label": "Recklessness" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169771", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect shall not practice landscape architecture in any manner which, when measured by generally accepted landscape architectural standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the public.(b) \"Recklessness\" shall be grounds for disciplinary action by the Board. \"Recklessness\" shall include the following practices:(1) conduct which indicates that the Landscape Architect is aware of yet consciously disregards a substantial risk of such a nature that its disregard constitutes a significant deviation from the standard of care that a reasonably prudent landscape architect would exercise under the circumstances;(2) knowing failure to exercise ordinary care and attention toward the intended result when a procedure, technique, material, or system is employed as a result of a decision made by the Landscape Architect and such failure jeopardizes any person's health, safety, or welfare; or(3) action which demonstrates a conscious disregard for compliance with a statute, regulation, code, ordinance, or recognized standard applicable to the design or construction of a particular project when such disregard jeopardizes any person's health, safety, or welfare.", "sourceNote": "Source Note: The provisions of this §3.143 adopted to be effective March 1, 2001, 26 TexReg 1720." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169771", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.144", "label": "Dishonest Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129679", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:(1) defraud;(2) deceive; or(3) create a misleading impression.(b) A Landscape Architect may not advertise in a manner which is false, misleading, or deceptive.(c) A Landscape Architect may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded landscape architectural work. A Landscape Architect may not give landscape architectural plans, design services, pre-bond referendum services, or any other goods or services of significant value to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select a Landscape Architect to render publicly funded landscape architectural work. The term \"significant value\" is defined to mean any act, article, money, or other material consideration which is of such value or proportion that its offer or acceptance would affect the governmental entity's selection of a Landscape Architect or would create the appearance of an obligation or bias on the part of the governmental entity to select the Landscape Architect to perform the landscape architectural work.(d) For purposes of this section, a Landscape Architect's conduct is intentional, or with intent, if the nature of the conduct or a reasonable result of the conduct demonstrates a conscious objective or desire to engage in the conduct or cause the result. A Landscape Architect's intent or knowledge may be established by circumstantial evidence.", "sourceNote": "Source Note: The provisions of this §3.144 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective July 18, 2007, 32 TexReg 4395; amended to be effective March 3, 2013, 38 TexReg 1183; amended to be effective November 23, 2014, 39 TexReg 9007." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129679", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.145", "label": "Conflicts of Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85377", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a Landscape Architect has any business association or financial interest which might reasonably appear to influence the Landscape Architect's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the Landscape Architect's current or prospective client or employer, the Landscape Architect shall promptly inform the client or employer in writing of the circumstances of the business association or financial interest.(b) A Landscape Architect shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature, financial or otherwise, from more than one party in connection with a single project or assignment unless the circumstances are fully disclosed in writing to all parties.(c) A Landscape Architect shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature from any supplier of materials or equipment or from any contractor or any consultant in connection with any project on which the Landscape Architect is performing or has contracted to perform landscape architectural services unless the circumstances are fully disclosed in writing to all parties.(d) The phrase \"benefit of any substantial nature\" is defined to mean any act, article, money, or other material consideration which is of such value or proportion that its acceptance creates an obligation or the appearance of an obligation on the part of the Landscape Architect or otherwise could adversely affect the Landscape Architect's ability to exercise his/her own judgment without regard to such benefit.", "sourceNote": "Source Note: The provisions of this §3.145 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective March 29, 2007, 32 TexReg 1746." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85377", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.146", "label": "Responsibility to the Landscape Architectural Profession" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113425", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect shall not:(1) knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or any provision of the Rules and Regulations of the Board;(2) aid or abet, directly or indirectly:(A) any unregistered person in connection with the unauthorized practice of landscape architecture;(B) any business entity in the practice of landscape architecture unless carried on in accordance with the Act; or(C) any person or any business entity in the use of a professional seal or other professional identification so as to create the opportunity for the unauthorized practice of landscape architecture by any person or any business entity;(3) fail to exercise reasonable care or diligence to prevent his/her partners, associates, shareholders, and employees from engaging in conduct which, if done by him/her, would violate any provision of the Act or any provision of the Rules and Regulations of the Board.(b) A Landscape Architect possessing knowledge of an Applicant's qualifications for registration shall cooperate with the Board by responding in writing to the Board regarding those qualifications when requested to do so by the Board.(c) A Landscape Architect shall be responsible and accountable for the care, custody, control, and use of his/her landscape architectural seal, professional signature, and other professional identification. A Landscape Architect whose seal has been lost, stolen, or otherwise misused shall report the loss, theft, or misuse to the Board immediately upon discovery of the loss, theft, or misuse. The Board may invalidate the registration number of the lost, stolen, or misused seal upon the request of the Landscape Architect if the Board deems it necessary.", "sourceNote": "Source Note: The provisions of this §3.146 adopted to be effective March 1, 2001, 26 TexReg 1720." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113425", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.148", "label": "Prevention of Unauthorized Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200087", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Landscape Architect shall not practice or offer to practice landscape architecture in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of landscape architecture in that jurisdiction.(b) The revocation, suspension, refusal to renew, or denial of a registration to practice landscape architecture in another jurisdiction shall be sufficient cause for the revocation, suspension, refusal to renew, or denial of a registration to practice landscape architecture in the State of Texas.(c) A Landscape Architect who fails to renew his/her certificate of registration prior to its annual expiration date shall not use the term \"landscape architect,\" the term \"landscape architectural,\" the term \"landscape architecture,\" or any similar term and shall not practice Landscape Architecture until after the Landscape Architect's certificate of registration has been properly renewed.", "sourceNote": "Source Note: The provisions of this §3.148 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective February 12, 2003, 28 TexReg 1176; amended to be effective July 5, 2004, 29 TexReg 6284." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200087", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.149", "label": "Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85381", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Chapter 53, Texas Occupations Code and §2005.052, Texas Government Code, the Board may suspend or revoke an existing certificate of registration, disqualify a person from receiving a certificate of registration, issue a provisional license subject to the terms and limitations of §3.27 of this chapter (relating to Provisional Licensure), or deny to a person the opportunity to be examined for a certificate of registration because of the person's conviction for committing an offense if:(1) the offense directly relates to the duties and responsibilities of a Landscape Architect;(2) the offense is listed in Article 42A.054, Texas Code of Criminal Procedure; or(3) the offense is a sexually violent offense, as defined by Article 62.001, Texas Code of Criminal Procedure.(b) The following procedures will apply in the consideration of an application for registration as a Landscape Architect or in the consideration of a Registrant's criminal history:(1) Effective January 1, 2014, each Applicant shall submit a complete and legible set of fingerprints to the Department of Public Safety or a vendor under contract with the Department for the purpose of obtaining criminal history record information from the Department and the Federal Bureau of Investigation. The Applicant shall pay the cost of conducting the criminal history background check to the Department or the vendor on behalf of the Department. An Applicant who does not submit fingerprints in accordance with this subsection is ineligible for registration.(2) Effective January 1, 2014, each Registrant on active status or returning to active status who has not submitted a set of fingerprints pursuant to paragraph (1) of this subsection shall submit a complete and legible set of fingerprints to the Department of Public Safety or a vendor under contract with the Department for the purpose of obtaining criminal history record information from the Department and the Federal Bureau of Investigation. The Registrant shall pay the cost of conducting the criminal history background check to the Department or the vendor on behalf of the Department. A Registrant who does not submit fingerprints in accordance with this subsection is ineligible for renewal of, or returning to, active registration. A Registrant is not required to submit fingerprints under this paragraph for the renewal of, or returning to, active registration if the Registrant previously submitted fingerprints under paragraph (1) of this subsection for initial registration or under this paragraph for a previous renewal of, or return to, active registration.(3) The executive director may contact the Applicant or Registrant regarding any information about a criminal conviction, other than a minor traffic offense, disclosed in the Applicant's or Registrant's criminal history record. If the executive director intends to pursue revocation or suspension of a registration, or denial of a registration or opportunity to be examined for a registration because of a person's prior conviction of an offense, the executive director must:(A) provide written notice to the person of the reason for the intended denial; and(B) allow the person not less than 30 days to submit any relevant information to the Board.(4) The notice provided by the executive director under this subsection must contain:(A) a statement that the person is disqualified from being registered or being examined for registration because of the person's prior conviction of an offense specified in the notice; or(B) a statement that:(i) the final decision of the Board to revoke or suspend the registration or deny the person a registration or the opportunity to be examined for the registration will be based on the factors listed in subsection (d) of this section; and(ii) it is the person's responsibility to obtain and provide to the Board evidence regarding the factors listed in subsection (d) of this section.(5) If the executive director determines the conviction might be directly related to the duties and responsibilities of a Landscape Architect, the Board's staff will obtain sufficient details regarding the conviction to allow the Board to determine the effect of the conviction on the Applicant's eligibility for registration or on the Registrant's fitness for continued registration.(c) In determining whether a criminal conviction is directly related to the duties and responsibilities of a Landscape Architect, the executive director and the Board shall consider each of the following factors:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to practice Landscape Architecture;(3) the extent to which landscape architectural registration might offer an opportunity to engage in further criminal activity of the same type as that in which the Applicant or Registrant had been involved;(4) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of a Landscape Architect; and(5) any correlation between the elements of the crime and the duties and responsibilities of a Landscape Architect.(d) If the executive director or the Board determines under subsection (c) of this section that a criminal conviction directly relates to the duties and responsibilities of a Landscape Architect, the executive director and the Board shall consider the following in determining whether to suspend or revoke a registration, disqualify a person from receiving a registration, or deny to a person the opportunity to take a registration examination:(1) the extent and nature of the Applicant's or Registrant's past criminal activity;(2) the age of the Applicant or Registrant at the time the crime was committed;(3) the amount of time that has elapsed since the Applicant's or Registrant's last criminal activity;(4) the conduct and work activity of the Applicant or Registrant prior to and following the criminal activity;(5) evidence of the Applicant's or Registrant's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the Applicant's or Registrant's fitness to practice as a Landscape Architect, including letters of recommendation.(e) Crimes directly related to the duties and responsibilities of a Landscape Architect include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional practice of Landscape Architecture, such as the following:(1) criminal negligence;(2) soliciting, offering, giving, or receiving any form of bribe;(3) the unauthorized use of property, funds, or proprietary information belonging to a client or employer;(4) acts relating to the malicious acquisition, use, or dissemination of confidential information related to Landscape Architecture; and(5) any intentional violation as an individual or as a consenting party of any provision of the Act.(f) The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.(g) If an Applicant is incarcerated as the result of a felony conviction, the Board may not approve the Applicant for registration during the period of incarceration. If an Applicant's felony probation, parole, or mandatory supervision is revoked, the Board may not approve the Applicant for registration until the Applicant successfully completes the sentence imposed as a result of the revocation.(h) If the Board takes action against any Applicant or Registrant pursuant to this section, the Board shall provide the Applicant or Registrant with the following information in writing:(1) the reason for rejecting the application or taking action against the Registrant's certificate of registration including any factor considered under subsections (c) or (d) of this section that served as the basis for the action;(2) notice that upon exhaustion of the administrative remedies provided by the Administrative Procedure Act, Chapter 2001, Government Code, an action may be filed in a district court of Travis County for review of the evidence presented to the Board and its decision. The person must begin the judicial review by filing a petition with the court within 30 days after the Board's decision is final; and(3) the earliest date the person may appeal.(i) All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Government Code.", "sourceNote": "Source Note: The provisions of this §3.149 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective March 20, 2009, 34 TexReg 1851; amended to be effective November 29, 2010, 35 TexReg 10507; amended to be effective April 13, 2014, 39 TexReg 2574; amended to be effective July 8, 2020, 45 TexReg 4515." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85381", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.150", "label": "Substance Abuse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113426", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If in the course of a disciplinary proceeding, it is found by the Board that a Landscape Architect's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to a violation of the Act or the Rules and Regulations of the Board, the Board may condition its disposition of the disciplinary matter on the Landscape Architect's completion of a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse that may include rehabilitation at a facility also approved by the Commission.(b) A Landscape Architect's abuse of alcohol or a controlled substance that results in the impairment of the Landscape Architect's professional skill so as to cause a direct threat to the property, safety, health, or welfare of the public may be deemed \"Gross Incompetency\" and may be grounds for the indefinite suspension of a Landscape Architect's certificate of registration until such time as he or she is able to demonstrate to the Board's satisfaction that the reasons for suspension no longer exist and that the termination of the suspension would not endanger the public.(c) In order to determine whether abuse of alcohol or a controlled substance contributed to a violation or has resulted in \"gross incompetency,\" the Board may order an examination by one or more health care providers trained in the diagnosis or treatment of substance abuse.", "sourceNote": "Source Note: The provisions of this §3.150 adopted to be effective March 1, 2001, 26 TexReg 1720." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113426", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.151", "label": "Effect of Enforcement Proceedings on Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200088", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or denial until:(1) all enforcement proceedings have been terminated by a final judgment or order and the time for appeal has expired, or if an appeal is taken, such appeal has been terminated;(2) the Applicant is in full compliance with all orders and judgments of the court, all orders and rules of the Board, and all provisions of the Act; and(3) the Applicant has complied with all requests of the Board for information related to such compliance, upon which the Board shall complete the consideration of the application in the regular order of business.(b) An \"enforcement proceeding\" is initiated by the commencement of an investigation that is based either on a formal complaint filed with the Board or on information presented to the Board that establishes probable cause for a belief in the existence of facts that would constitute a violation of the Act or the Rules and Regulations of the Board.(c) The following sanctions may be imposed against an Applicant who is found to have falsified information provided to the Board, violated any of the practice or title restrictions of the Act, violated any similar practice or title restriction of another jurisdiction, or otherwise violated any of the statutory provisions or rules enforced by the Board:(1) reprimand;(2) imposition of an administrative penalty;(3) suspension of the registration certificate upon its effective date;(4) denial of the application; and(5) denial of the right to reapply for registration for a period not to exceed five years.(d) The Board may take action against an Applicant for any act or omission if the same conduct would be a ground for disciplinary action against a Landscape Architect.(e) If an application is denied pursuant to subsection (c) or subsection (d) of this section, the Applicant may not subsequently be approved for registration unless the Applicant:(1) demonstrates that he/she has taken reasonable steps to correct the misconduct or deficiency that led to the denial of the previous application;(2) demonstrates that approval of the application is not inconsistent with the Board's duty to protect the public by ensuring that registrants are duly qualified and fit for registration; and(3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the denial of the previous application.", "sourceNote": "Source Note: The provisions of this §3.151 adopted to be effective March 1, 2001, 26 TexReg 1720; amended to be effective July 5, 2004, 29 TexReg 6284." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200088", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§3.153", "label": "Deferred Adjudication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142603", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of §3.27 and §3.149 of this chapter (relating to Provisional Licensure and Criminal Convictions), a person is not convicted for committing a criminal offense if:(1) the person entered a plea of guilty or nolo contendere;(2) the court deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer of the court; and(3) at the conclusion of a period of supervision, the judge dismissed the proceedings and discharged the person.(b) Notwithstanding subsection (a) of this section, the executive director or the Board may consider a person to have been convicted of a criminal offense regardless of whether the proceedings were dismissed and the person was discharged as described by subsection (a) of this section if:(1) the person was charged with:(A) any offense described by Article 62.001(5), Code of Criminal Procedure; or(B) an offense other than an offense described by subparagraph (A) of this paragraph if:(i) the person has not completed the period of supervision or the person completed the period of supervision less than five years before the date the person applied for registration; or(ii) a conviction for the offense would make the person ineligible for registration by operation of law; and(2) after consideration of the factors described by §3.149(c) or (d) of this chapter, the executive director or the Board determines that:(A) the person may pose a continued threat to the public; or(B) employment of the person as a Landscape Architect would create a situation in which the person has an opportunity to repeat the prohibited conduct.(c) If a person pleads guilty or nolo contendere to conduct which is a violation of a law enforced by the Board, regardless of whether adjudication is deferred, the Board may take disciplinary action.", "sourceNote": "Source Note: The provisions of this §3.153 adopted to be effective November 29, 2010, 35 TexReg 10507; amended to be effective July 8, 2020, 45 TexReg 4515." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142603", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.161", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142604", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter shall provide a system of procedures for the initiation, investigation, prosecution, hearing and resolution of disciplinary matters and allegations involving persons who are subject to the jurisdiction of the Texas Board of Architectural Examiners.", "sourceNote": "Source Note: The provisions of this §3.161 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective October 18, 2009, 34 TexReg 7073." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142604", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.162", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142605", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In computing any period of time prescribed by this subchapter, by order of the Board, or by other applicable statutory provision or rule, the period shall begin on the day after the act or the event considered and conclude at the end of the last day of such period unless the last day falls on a Saturday, Sunday, or official national or Texas state holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or official national or Texas state holiday.(b) A person shall be presumed to have received all pleadings and other notices upon a showing that such materials were sent to the respondent's last known address; the materials were sent by United States mail, first class postage prepaid; a return address was affixed to the exterior of the mailing materials and the materials were not returned; and in excess of seven days has elapsed from placement of the materials into the United States mail.", "sourceNote": "Source Note: The provisions of this §3.162 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective October 18, 2009, 34 TexReg 7073." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142605", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.164", "label": "Initiating a Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142606", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may initiate a Contested Case proceeding in response to:(1) a written complaint filed by a member of the public;(2) information provided in a registration application or renewal form; or(3) other information known to the Board which establishes probable cause.(b) The Board shall not act on a written complaint filed by a member of the public unless the allegations in the complaint describe conduct that violates a rule or statutory provision enforceable by the Board.(c) If the Board receives a written complaint filed by a member of the public, the Board may act on the complaint regardless of the status or complaint or the complainant's request to withdraw the complaint.(d) The Board shall not act on a written complaint filed by a member of the public if the complaint is filed later than ten (10) years after the date of the act(s) or omission(s) described in the complaint.", "sourceNote": "Source Note: The provisions of this §3.164 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective October 18, 2009, 34 TexReg 7074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142606", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.165", "label": "Informal Disposition of a Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "92024", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Contested Case may be resolved informally at any time.(b) If the respondent agrees in writing to a settlement agreement and the Executive Director executes the written settlement agreement, the settlement agreement shall be presented to the Board for approval or rejection. The settlement agreement must include written findings of fact and conclusions of law and may be in the form of a consent order, letter of reprimand, or other format approved by the Executive Director.(c) If the Board rejects a settlement agreement, the respondent shall have the opportunity to agree to alternative settlement terms approved by the Board. If the respondent does not agree to alternative settlement terms approved by the Board, the case shall be referred to the State Office of Administrative Hearings for a formal hearing.(d) If the respondent and the Executive Director do not agree in writing to a settlement agreement, the case shall be referred to the State Office of Administrative Hearings for a formal hearing.(e) An informal disposition may be made of a Contested Case by default. Default occurs whenever a respondent neither answers nor makes other written response to the filing of a Complaint or Petition at the State Office of Administrative Hearings alleging a violation of any law or rule over which TBAE possesses jurisdiction. Default also occurs if the respondent fails to appear at a scheduled and properly noticed hearing to be conducted by the State Office of Administrative Hearings.(f) The Board and the Executive Director shall take into account the following factors when considering a proposed settlement agreement:(1) the nature, circumstances, extent, and gravity of any relevant act or omission;(2) the hazard or potential hazard to the health, safety and welfare of the public;(3) the economic harm resulting from the conduct;(4) the respondent's history concerning any previous ground for sanction;(5) the severity of penalty necessary to effectuate specific and general deterrence;(6) any effort by the respondent to take prompt remedial action;(7) the economic benefit gained by the respondent as a result of the conduct;(8) any other matter justice may require; and(9) when considering a referral from the Texas Department of Licensing and Regulation, in addition to the factors described in this subsection, the Board shall consider the actual number of days that the submission was late.", "sourceNote": "Source Note: The provisions of this §3.165 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective October 18, 2009, 34 TexReg 7074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "92024", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.166", "label": "Informal Conference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142607", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An informal conference may be held in order to provide a respondent with the opportunity to appear and answer a charge against the respondent in person.(b) An informal conference shall be attended by the respondent and each person designated by the Executive Director to attend the conference. The respondent shall have the right to employ legal counsel to attend the informal conference at the respondent's expense.(c) An informal conference shall be voluntary and shall not be a prerequisite to a formal hearing.", "sourceNote": "Source Note: The provisions of this §3.166 adopted to be effective January 8, 2002, 27 TexReg 165." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142607", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.167", "label": "Publication of Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "92026", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall cause to be published in the Board's official newsletter, on the Board's Web site, in a newspaper, or in another publication the name of any person who has received disciplinary action by the Board. The publication may include a narrative summary of the facts giving rise to disciplinary action and a description of the action taken.(b) In addition to other types of disciplinary action that shall be publicized pursuant to this section, the Board shall publicize the revocation or cancellation of a certificate of registration after its surrender in lieu of potential disciplinary action.", "sourceNote": "Source Note: The provisions of this §3.167 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective July 5, 2004, 29 TexReg 6285; amended to be effective October 18, 2009, 34 TexReg 7074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "92026", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.168", "label": "Dismissal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "92027", "queryAsDate": "03/11/2026" }, "ruleBody": "For good cause, the Board, the Executive Director, or a person designated by the Executive Director may dismiss a Contested Case at any time after a Contested Case proceeding is commenced.", "sourceNote": "Source Note: The provisions of this §3.168 adopted to be effective January 8, 2002, 27 TexReg 165." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "92027", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.169", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142608", "queryAsDate": "03/11/2026" }, "ruleBody": "The Executive Director or a person designated by the Executive Director shall represent the Board in any alternative dispute resolution proceeding.", "sourceNote": "Source Note: The provisions of this §3.169 adopted to be effective January 8, 2002, 27 TexReg 165." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142608", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.170", "label": "Referrals from the Texas Department of Licensing and Regulation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142609", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a Landscape Architect fails to submit any document to the Texas Department of Licensing and Regulation as required by the Architectural Barriers Act, or a rule or procedure enacted pursuant to the Architectural Barriers Act, the Board may take disciplinary action against the Landscape Architect.(b) A Landscape Architect's failure to submit documents to the Texas Department of Licensing and Regulation as required by subsection (a) of this section shall, result in a written warning from the Executive Director. An administrative penalty shall be imposed upon second and subsequent failures.(c) When considering potential disciplinary action, including imposition of an administrative penalty, the Board and the Executive Director shall take into account the number of previous incidents involving a registrant's failure to timely submit documents to the Texas Department of Licensing and Regulation and the length of the delay in making the present submission.", "sourceNote": "Source Note: The provisions of this §3.170 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective October 18, 2009, 34 TexReg 7074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142609", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.171", "label": "Responding to Request for Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142610", "queryAsDate": "03/11/2026" }, "ruleBody": "A Landscape Architect, a Candidate or an Applicant shall answer an inquiry or produce requested documents to the Board concerning any matter under the jurisdiction of the Board within thirty (30) days after the date the person receives the inquiry. Failure to respond within thirty (30) days may constitute a separate violation subject to disciplinary action by the Board up to and including suspension or revocation of a registration.", "sourceNote": "Source Note: The provisions of this §3.171 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective October 18, 2009, 34 TexReg 7074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142610", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.172", "label": "Continuing Violation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142611", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each day a violation of any statutory provision or rule enforced by the Board occurs or continues may be considered a separate violation subject to disciplinary action by the Board.(b) Each sheet of architectural plans and each separate section of the specifications which are prepared, modified or issued in violation of these rules are any laws over which the Board has jurisdiction shall each be considered an independent violation of applicable rules and laws.", "sourceNote": "Source Note: The provisions of this §3.172 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective October 18, 2009, 34 TexReg 7074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142611", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.173", "label": "Violation By One Not a Landscape Architect" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180089", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who is not a Landscape Architect who violates any of the laws or rules over which the Board has jurisdiction is subject to any or all of the following:(1) judicial proceedings for injunctive relief;(2) criminal prosecution in a court of appropriate jurisdiction;(3) imposition of an administrative penalty;(4) issuance of a cease and desist Order from the Board.(b) In taking action against a person who is not a Landscape Architect, the Board may be represented by agency staff, the Texas Attorney General, by a county or district attorney, or by other counsel as necessary.(c) The Executive Director may recommend and the Board may, after notice and an opportunity for hearing, impose an administrative penalty in the manner prescribed in Subchapter I of the Architects' Practice Act and otherwise as permitted by law and Board rules.(d) A person charged with a violation may request a hearing to contest a proposed administrative penalty that has been recommended by the Executive Director:(1) A request for a hearing must be received in the Board's office no later than the 20th day after the date the person receives notice that the Executive Director has recommended the imposition of an administrative penalty.(2) The hearing shall be conducted by an Administrative Law Judge at the State Office of Administrative Hearings under provision of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001, and this subchapter.(e) If a person charged with a violation agrees to a proposed administrative penalty recommended by the Executive Director, the Board may approve the Executive Director's recommendation and order payment of the proposed penalty without a hearing.(f) Within thirty (30) days after the date on which the Board's Order imposing an administrative penalty or taking other final agency action in a contested case proceeding becomes final, the person charged must pay the administrative penalty and otherwise ensure compliance with the terms set forth in the Board's Final Order or file a petition for judicial review with a district court in Travis County as provided by Subchapter G, Chapter 2001, Texas Government Code.(g) If the Executive Director determines that a Nonregistrant is violating, or has violated, a statutory provision or rule enforced by the Board, the Executive Director may:(1) issue to the Nonregistrant a written notice describing the alleged violation and the Executive Director's intention to request that the Board impose administrative penalties and issue a cease and desist order. The written notice shall offer the Nonregistrant an opportunity to resolve all matters contained in the written notice by means of an agreed order or other instrument deemed appropriate by the Executive Director and of the Nonregistrant's ability to request an informal conference as well as of his or her right to request a hearing before an Administrative Law Judge at the State Office of Administrative Hearings; and(2) take any other action and impose any other penalty described in this section or permitted by law.", "sourceNote": "Source Note: The provisions of this §3.173 adopted to be effective January 8, 2002, 27 TexReg 165; amended to be effective July 5, 2004, 29 TexReg 6285; amended to be effective October 18, 2009, 34 TexReg 7074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180089", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.174", "label": "Complaint Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142613", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may file a complaint by submitting the following information to the Board:(1) the name of and contact information for the complainant unless evidence regarding a possible violation was submitted anonymously;(2) the name of the person against whom the complaint is filed;(3) the address, telephone number, Web site, or other contact information for the person against whom the complaint is filed, if available;(4) the date and location of the alleged violation that is the subject of the complaint;(5) a description of each alleged violation; and(6) the name, address, and telephone number for any known witness who can provide information regarding the alleged violation.(b) A complaint should be submitted on the complaint form that may be obtained by accessing the form on the Board's Web site or by contacting the Board's staff. If a completed complaint form is not submitted, the Board's staff will not be able to initiate an investigation unless the Board's staff receives information sufficient to establish probable cause to believe an actionable violation might have occurred.(c) Once a complaint has been received, the Board's enforcement staff shall:(1) conduct a preliminary evaluation of the complaint within thirty (30) days to determine:(A) Jurisdiction: whether the complaint provides information sufficient to establish probable cause for the Board's staff to believe an actionable violation might have occurred;(B) Disciplinary History: whether there has been previous enforcement activity involving the person against whom the complaint has been filed; and(C) Priority Level: the seriousness of the complaint relative to other pending enforcement matters;(2) provide the complainant and respondent with information which will permit review of the Board's policies and procedures from the Board's web site regarding complaint investigation and resolution. If the complainant or respondent requests a copy of the policies and procedures in written format a copy shall be mailed upon request.(3) notify the complainant and respondent of the status of the investigation at least quarterly unless providing notice would jeopardize an investigation; and(4) maintain a complaint file that includes at least:(A) the name of the person who filed the complaint unless the complaint was filed anonymously;(B) the date the complaint was received by the Board's staff;(C) a description of the subject matter of the complaint;(D) the name of each person contacted in relation to the complaint;(E) a summary of the results of the review and investigation of the complaint; and(F) an explanation for the reason the complaint was dismissed if the complaint was dismissed without action other than the investigation of the complaint.(d) During the preliminary evaluation period, the Board's staff may contact the complainant, the respondent, and any known witness concerning the complaint.(e) After the preliminary evaluation period, the Board's staff shall take steps to dismiss the complaint or proceed with an investigation of the allegation(s) against the respondent. A complaint may be referred to another government agency if it appears that the other agency might have jurisdiction over the issue(s) raised in the complaint.(f) If the Board's staff proceeds with an investigation, the staff shall:(1) investigate the complaint according to the priority level assigned to the complaint;(2) notify the complainant and respondent that, as a result of the staff's preliminary evaluation of the complaint, the staff has determined that the Board has jurisdiction over the allegation(s) described in the complaint and has decided to proceed with an investigation of the allegation(s) against the respondent; and(3) gather sufficient information and evidence to determine whether there is probable cause to believe that a violation of a statutory provision or rule enforced by the Board has occurred.(g) The Board's staff may conduct an investigation regardless of whether a complaint form was received as described in subsection (a) of this section.(h) If the information and evidence gathered during an investigation are insufficient to establish probable cause to believe that a violation has occurred, the Board's staff shall:(1) dismiss the complaint;(2) send notices to the complainant and respondent regarding the dismissal;(3) if warranted, include in the respondent's notice a recommendation or warning regarding the respondent's future conduct; and(4) if a complaint is determined to be unfounded, state in the respondent's notice that no violation was found.(i) If the information and evidence gathered during an investigation are sufficient to establish probable cause to believe that a violation has occurred, the Board's staff shall:(1) seek to resolve the matter pursuant to §§3.165, 3.166 or 3.173 of this subchapter; or(2) issue a warning in accordance with subsection (j).(j) A warning may be issued by the Executive Director only as follows:(1) the violation is the Respondent's only violation of the Board's laws and rules;(2) the Respondent has not previously been subject to a Board warning or order;(3) the Respondent has provided a satisfactory remedy which has eliminated any harm or threat to the health or safety of the public; and(4) The Respondent has committed one of the following violations:(A) failure to provide or timely provide plans and specifications to TDLR under the requirements of Govt. Code Chap. 469 (Elimination of Architectural Barriers);(B) Unauthorized use of term \"landscape architect\" or \"landscape architecture\";(C) Failure to respond to a Board inquiry;(D) Failure to provide a statement of jurisdiction;(E) Use of a non-compliant seal by registrant;(F) Failure to register or annually renew the registration of a business; or(G) Creation of misleading impression by a landscape architect advertising for services.(k) The decision to issue a warning is at the sole discretion of the Executive Director and not available as a result of a contested case proceeding conducted pursuant to the Government Code Chapter 2001.(l) Before a proposed settlement agreement may be approved by the Board, the terms of the agreement must be reviewed by legal counsel for the Board to ensure that all legal requirements have been satisfied.(m) If a complaint is dismissed, the complainant may submit to the Executive Director a written request for reconsideration. The written request must explain why the complaint should not have been dismissed. The Executive Director may, but is not required to, respond to the request for reconsideration.", "sourceNote": "Source Note: The provisions of this §3.174 adopted to be effective July 5, 2004, 29 TexReg 6286; amended to be effective October 18, 2009, 34 TexReg 7074; amended to be effective September 14, 2016, 41 TexReg 7101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142613", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.175", "label": "Evaluation of Evidence by Expert" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Board's staff determines that a respondent who is a Registrant, Candidate, or Applicant appears to have engaged in the Practice of Landscape Architecture in a manner that was Reckless, Grossly incompetent, or dishonest, the matter may not be docketed at the State Office of Administrative Hearings for a formal hearing unless the evidence and information gathered during the investigation have been reviewed by a member of the Board or the Board's staff or a consultant who is registered as a Landscape Architect.(b) The purpose of the review shall be to confirm, prior to the commencement of formal disciplinary proceedings, that the respondent's professional conduct did not satisfy the requisite standard of care which should be applied by a reasonably prudent Landscape Architect under similar circumstances.", "sourceNote": "Source Note: The provisions of this §3.175 adopted to be effective July 5, 2004, 29 TexReg 6286; amended to be effective October 18, 2009, 34 TexReg 7074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113441", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.176", "label": "Subpoenas and Depositions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180090", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On a showing of good cause and on deposit of a sum reasonably estimated to cover the costs of issuing and serving the subpoena and the costs described in subsection (e) of this section, the Executive Director or the Chairman may issue a subpoena to require the attendance of a witness for examination under oath or the production of a record, document, or other evidence relevant to the investigation of, or a disciplinary proceeding related to, an alleged violation of a statutory provision or rule enforced by the Board.(b) A subpoena must:(1) be issued in the name of the State of Texas;(2) be signed by the Executive Director or the Chairman;(3) be addressed to a sheriff, constable, or other party authorized by the Texas Rules of Civil Procedure to serve a subpoena;(4) state the time and place at which the witness is required to appear, the name of the person at whose instance the subpoena has been issued, and the date of the subpoena's issuance;(5) include a specific description of any record, document, or other evidence covered by the subpoena; and(6) be served by delivering a copy of the subpoena to the party named in the subpoena.(c) A subpoena may be executed and returned at any time. The person serving the subpoena shall make due return thereof, showing the time and manner of service or showing that service was accepted by the witness by a written memorandum signed by the witness and attached to the subpoena.(d) A deposition shall be taken in the manner prescribed for depositions in the Administrative Procedure Act (APA).(e) A witness or deponent who is not a party to an enforcement proceeding and who is subpoenaed or otherwise compelled by the Board to attend any hearing or proceeding to provide testimony, give a deposition, or produce a record, document, or other evidence shall be entitled to receive:(1) payment for mileage and reimbursement for transportation, meal, and lodging expenses as required by the APA for going to and returning from the place of the hearing or the place where the deposition is taken if the place is more than 25 miles from the person's place of residence; and(2) a witness fee as required by the APA for each day or part of a day the person is necessarily present as a witness or deponent.(f) Expenses and fees described in subsection (e) of this section shall be paid by the party at whose request the witness appears or the deposition is taken, on presentation of proper vouchers sworn by the witness and approved by the Executive Director.(g) Payment for mileage and reimbursement for transportation, meal, and lodging expenses for a witness whose presence is required by a subpoena issued by the Executive Director or the Chairman shall be at the same rate as is paid to a state employee traveling on state business.", "sourceNote": "Source Note: The provisions of this §3.176 adopted to be effective July 5, 2004, 29 TexReg 6286." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180090", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.177", "label": "Administrative Penalty Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142615", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty:(1) In determining whether a minor, moderate, or major penalty is imposed under paragraph (2) of this rule, the following classifications shall apply:Attached Graphic(2) After determining whether the violation is minor, moderate, or major, the Board shall impose an administrative penalty as follows:(A) Minor violations-an administrative penalty of not more than $1,000 shall be imposed. (B) Moderate violations-an administrative penalty or not more than $3,000 shall be imposed.(C) Major violations-an administrative penalty of not more than $5,000 shall be imposed.(3) In determining the specific amount of an administrative penalty within the minor, moderate, or major range, the Board shall consider the factors outlined in Board Rules 3.141(c) and/or 3.165(f). (4) If a violation of the Board's laws or rules is not specifically defined in paragraph (1) as a minor, moderate, or major violation, the Board shall consider the factors outlined in Board Rules 3.141(c) and/or 3.165(f) in determining an appropriate administrative penalty.(5) Previous Disciplinary History - If the respondent was previously found to have violated the Board's laws or rules in a warning or Order of the Board, then any subsequent disciplinary action may be considered at the next higher level of severity.(6) Multiple Violations(A) The administrative penalty ranges discussed in paragraph (2) are to be applied to each individual violation of the Board's laws and rules. If a respondent has violated multiple laws and/or rules, or has committed multiple violations of a single law or rule, the Respondent shall be subject to a separate administrative penalty for each violation.(B) Each sheet of plans and specifications created or issued in violation of the Board's laws and rules shall be considered a separate violation for purposes of calculating the total administrative penalty under paragraph (6)(A).(C) In the case of a continuing violation, each day a violation continues or occurs shall be considered a separate violation for purposes of calculating the total administrative penalty under paragraph (6)(A).(7) The administrative penalties set out in this section may be considered in addition to any other disciplinary actions, such as revocation, suspension, or refusal to renew a registration. (8) If the facts of a case are unique or unusual, the Board may suspend the guidelines described in this section.(9) A Landscape Architect, Candidate, or Applicant who fails, without good cause, to provide information to the Board under the provision of §3.171 of this subchapter (relating to Responding to Request for Information) is presumed to be interfering with and preventing the Board from fulfilling its responsibilities. A violation of §3.171 of this subchapter shall be considered a minor violation if a complete response is not received within 30 days after receipt of the Board's written inquiry. An additional 15 day delay constitutes a moderate violation, and each 15 day delay thereafter shall be considered a separate major violation of these rules.", "sourceNote": "Source Note: The provisions of this §3.177 adopted to be effective July 5, 2004, 29 TexReg 6286; amended to be effective October 18, 2009, 34 TexReg 7076; amended to be effective March 3, 2013, 38 TexReg 1183; amended to be effective September 14, 2016, 41 TexReg 7101." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142615", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§3.178", "label": "Reinstatement Following Suspension or Revocation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207040", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Board suspends or revokes a person's certificate of registration as a result of disciplinary action, the person may not reinstate the certificate of registration or obtain a new certificate of registration unless the person:(1) demonstrates that he/she has taken reasonable steps to correct the misconduct or deficiency that led to the suspension or revocation;(2) demonstrates that reinstatement or issuance of the certificate of registration is not inconsistent with the Board's duty to protect the public by ensuring that Registrants are duly qualified and fit for registration; and(3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the suspension or revocation. This shall include, but not be limited to, attorney's fees and all costs associated with the need to prosecute a Contested Case proceeding at the State Office of Administrative Hearings and subsequent activities including administrative and judicial appeals.", "sourceNote": "Source Note: The provisions of this §3.178 adopted to be effective July 5, 2004, 29 TexReg 6286; amended to be effective October 18, 2009, 34 TexReg 7076." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207040", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "J", "label": "TABLE OF EQUIVALENTS FOR EXPERIENCE IN LANDSCAPE ARCHITECTURE" }, "rule": { "number": "§3.191", "label": "Description of Experience Required for Registration by Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "93351", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §3.21 of this chapter, an applicant for landscape architectural registration by examination must successfully demonstrate that the Applicant has gained at least 3,640 hours of experience in accordance with the following table: Attached Graphic(b) An Applicant must earn at least 1,820 hours of credit under the conditions described in category LA-1.(c) In order to earn credit in category LA-4, an Applicant must teach subjects that are directly related to the practice of landscape architecture. An Applicant may earn 1,820 hours of credit under this section by teaching for twenty (20) semester credit hours or thirty (30) quarter credit hours.(d) An Applicant may not earn credit for experience gained prior to the date the Applicant successfully earned a high school diploma or completed an established equivalent.", "sourceNote": "Source Note: The provisions of this §3.191 adopted to be effective March 25, 2002, 27 TexReg 2233; amended to be effective March 22, 2016, 41 TexReg 2160; amended to be effective December 9, 2021, 46 TexReg 8249." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "93351", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "J", "label": "TABLE OF EQUIVALENTS FOR EXPERIENCE IN LANDSCAPE ARCHITECTURE" }, "rule": { "number": "§3.192", "label": "Other Experience" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95177", "queryAsDate": "03/11/2026" }, "ruleBody": "An Applicant may earn credit for experience other than under the conditions described in Section 3.191 of this subchapter if the Board considers such experience to be substantially equivalent to the experience described therein. For purposes of this subsection, education may be considered as experience.", "sourceNote": "Source Note: The provisions of this §3.192 adopted to be effective March 25, 2002, 27 TexReg 2233." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95177", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "K", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§3.231", "label": "Formal Hearing Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204319", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless specifically indicated, the Administrative Procedure Act (APA) applies to all Contested Cases involving matters under the jurisdiction of the Board.(b) The Rules of Procedure of the State Office of Administrative Hearings (SOAH) apply to formal hearings of Contested Cases conducted for the Board by a SOAH administrative law judge.", "sourceNote": "Source Note: The provisions of this §3.231 adopted to be effective July 7, 2002, 27 TexReg 5776." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204319", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "K", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§3.232", "label": "Board Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95179", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall investigate Contested Case matters and attempt to resolve Contested Cases informally as provided in Subchapter I of this chapter (relating to Disciplinary Action). However, if a Contested Case is not settled informally pursuant to Subchapter I of this chapter, it shall be referred to SOAH for a formal hearing to determine whether there has been a violation of any of the statutory provisions or rules enforced by the Board.(b) A formal hearing shall be conducted in accordance with the Rules of Procedure of SOAH.(c) After a formal hearing of a Contested Case, the SOAH administrative law judge who conducted the formal hearing shall prepare a proposal for decision and submit it to the Board so that the Board may render a final decision with regard to the Contested Case. The proposal for decision shall include findings of fact and conclusions of law.(d) If a party submits proposed findings of fact or conclusions of law, the proposal for decision shall include a ruling on each proposed finding or conclusion.(e) Any party of record in a Contested Case may request an oral hearing before the Board. A request for an oral hearing shall be filed with the Board and copies shall be served on the administrative law judge and on all other parties in the same manner as for serving other documents in a Contested Case. The Board, in its sole discretion, shall determine whether to grant or deny a request for an oral hearing. If a request for an oral hearing is granted, each party of record shall be allotted 30 minutes to make an oral presentation to the Board. The oral presentation shall be limited to matters contained in the administrative record.(f) Upon the expiration of the time provided for the filing of exceptions and briefs or, if exceptions and briefs are filed, upon the 10th day following the time provided for the filing of replies to exceptions and briefs, the Board may render a decision to finally resolve a Contested Case. The Board may change a finding of fact or conclusion of law made by an administrative law judge or may vacate or modify an order issued by an administrative law judge only if the Board determines:(1) that the administrative law judge did not properly apply or interpret applicable law, agency rules, written policies, or prior administrative decisions;(2) that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or(3) that a technical error in a finding of fact should be changed.(g) If the Board makes a change to a finding of fact or conclusion of law or vacates or modifies an order pursuant to subsection (f) of this section, the Board must state in writing the specific reason and the legal basis for the change.(h) The Board shall issue a written order regarding the Board's decision to finally resolve a Contested Case that is not settled informally. The written order shall include findings of fact and conclusions of law that are based on the official record of the Contested Case. The written order may adopt by reference the findings of fact and conclusions of law made by an administrative law judge and included in the proposal for decision submitted to the Board.(i) Motions for rehearing and appeals may be filed and judicial review of final decisions of the Board may be sought pursuant to the Administrative Procedure Act. The party who appeals a final decision in a Contested Case shall be responsible for the cost of the preparation of the original or a certified copy of the record of the agency proceeding that is required to be sent to the reviewing court.(j) The Board and the administrative law judge who presides over the formal hearing in a Contested Case shall refer to the following guidelines to determine the appropriate penalty for a violation of any of the statutory provisions or rules enforced by the Board:Attached Graphic(k) The penalty for a violation of any of the statutory provisions or rules enforced by the Board may vary from the penalty recommended in subsection (j) of this section if justified by the circumstances of the matter or the disciplinary history of the respondent. If the Respondent has previously been subject to disciplinary action before the Board, more severe discipline may be imposed.(l) For any violation where revocation is recommended as an appropriate penalty for the violation, refusing to renew the respondent's certificate of registration also shall be an appropriate penalty for the violation.(m) If the Board or the administrative law judge determines that an administrative penalty is the appropriate sanction for a violation, the guidelines described in §3.177 shall be applied to determine the amount of the administrative penalty.", "sourceNote": "Source Note: The provisions of this §3.232 adopted to be effective September 19, 1996, 21 TexReg 8676; amended to be effective July 7, 2002, 27 TexReg 5777; amended to be effective July 5, 2004, 29 TexReg 6289; amended to be effective September 19, 2006, 31 TexReg 7994; amended to be effective April 17, 2012, 37 TexReg 2634; amended to be effective November 23, 2014, 39 TexReg 9007; amended to be effective September 14, 2016, 41 TexReg 7101; amended to be effective April 1, 2021, 46 TexReg 1739." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95179", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "K", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§3.233", "label": "Application and Construction of Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119379", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) SOAH shall conduct formal hearings in accordance with the APA, the Rules of Procedure of SOAH, the Landscape Architects' Registration Law, the Rules and Regulations of the Board, and case law, provided that:(1) an administrative law judge may, by order, modify the requirements of the Rules of Procedure of SOAH and supplement other procedural requirements of law to promote the fair and efficient handling of a Contested Case; and(2) an administrative law judge may modify the procedural requirements of the Rules of Procedure of SOAH in appropriate cases to facilitate resolution of issues if doing so does not prejudice any of a party's rights or contravene applicable statutes.(b) If there is any conflict between the Rules and Regulations of the Board or a prior decision of the Board and any of the statutory provisions applicable to a Contested Case, the statute controls.(c) Not all contested procedural issues may be susceptible to resolution by reference to the APA and other applicable statutes, the Rules of Procedure of SOAH, the Rules and Regulations of the Board, and case law. When they are not, the presiding administrative law judge shall consider the Texas Rules of Civil Procedure (TRCP) as interpreted and construed by Texas case law, and shall consider persuasive authority established in other forums in order to issue orders and rulings that are just in the circumstances of the Contested Case.", "sourceNote": "Source Note: The provisions of this §3.233 adopted to be effective July 7, 2002, 27 TexReg 5778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119379", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "3", "label": "LANDSCAPE ARCHITECTS" }, "subchapter": { "number": "K", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§3.234", "label": "Suspension of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100613", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If suspension of a person's registration is the appropriate sanction for a violation of a statutory provision or rule enforced by the Board, the Board and the administrative law judge shall apply the following guidelines to determine whether the suspension will be active or probated:(1) The Board and the administrative law judge shall impose an active suspension upon a finding that the respondent:(A) violated a statutory provision or rule enforced by the Board that demonstrated gross negligence or recklessness, or the conduct posed a serious threat to the health or safety of the public;(B) violated a statutory provision or rule enforced by the Board which caused economic damage to property in excess of $1,000;(C) committed a violation of a statutory provision or rule enforced by the Board while the respondent's registration was on probated suspension;(D) has a sanction history including at least two findings by the Board that the respondent engaged in conduct for which the respondent's registration could have been suspended or revoked pursuant to §3.232; or(E) would likely engage in the practice of Landscape Architecture in a manner that does not comply with a standard or practice normally followed by a reasonably prudent Landscape Architect under the same or similar circumstances.(2) In any case in which active suspension is not warranted, the suspension imposed by the Board shall be probated.(b) A person whose registration is under active suspension may not engage in the Practice of Landscape Architecture. A person whose registration is under active suspension may not Supervise and Control or have Responsible Charge over the Practice of Landscape Architecture by another.(c) The Board may impose any of the following terms and conditions upon the practice of a person whose registration is subject to a probated suspension:(1) monitoring of practice, including mandatory submission of information to the Board and random and unannounced visits by personnel of the Board to investigate compliance with the terms of the probated suspension;(2) directed continuing education on applicable subjects, including ethics training, in excess of the continuing education requirements applicable to all Registrants;(3) limitations on scope of practice;(4) mandatory Supervision and Control of practice by another registered Landscape Architect; and(5) successful completion of a rehabilitation program pursuant to §3.150.(d) If a person violates the terms of a probated suspension of registration, the Board may:(1) prolong the period of probated suspension;(2) impose an active suspension of registration; or(3) impose additional terms and conditions upon the probated suspension.(e) If a person engages in the Practice of Landscape Architecture while the person's registration is subject to an active suspension, the Board may impose any or all of the following:(1) issue an order restraining any further practice by the person;(2) impose an administrative penalty;(3) impose an additional period of suspension; or(4) revoke the person's certificate of registration.(f) In addition to fulfilling the terms and conditions of a probated or active suspension of registration, a person must fulfill the requirements of §3.178 in order to obtain reinstatement of the person's suspended certificate of registration.", "sourceNote": "Source Note: The provisions of this §3.234 adopted to be effective March 16, 2005, 30 TexReg 1446." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100613", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "A", "label": "SCOPE; DEFINITIONS" }, "rule": { "number": "§5.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200089", "queryAsDate": "03/11/2026" }, "ruleBody": "The Rules and Regulations of the Board are set forth for the purpose of interpreting and implementing the Interior Designers' Registration Law.", "sourceNote": "Source Note: The provisions of this §5.1 adopted to be effective May 4, 1992, 17 TexReg 2860; amended to be effective March 6, 2003, 28 TexReg 1877." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200089", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "A", "label": "SCOPE; DEFINITIONS" }, "rule": { "number": "§5.5", "label": "Terms Defined Herein" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187104", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words, terms, and acronyms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) The Act--The Interior Designers' Registration Law.(2) Administrative Procedure Act (APA)--Texas Government Code §§2001.001 et seq.(3) APA--Administrative Procedure Act.(4) Applicant--An individual who has submitted an application for registration or reinstatement but has not yet completed the registration or reinstatement process.(5) Architectural Barriers Act--Texas Government Code, Chapter 469.(6) Architectural Interior Construction--A building project that involves only the inside elements of a building and, in order to be completed, necessitates the \"practice of architecture\" as that term is defined in 22 Texas Administrative Code §1.5.(7) Barrier-Free Design--The design of a facility or the design of an alteration of a facility which complies with the Texas Accessibility Standards, the Americans with Disabilities Act, the Fair Housing Accessibility Guidelines, or similarly accepted standards for accessible design.(8) Board--Texas Board of Architectural Examiners.(9) Cancel, Cancellation, or Cancelled--The termination of a Texas Interior Design registration certificate by operation of law two years after it expires without renewal by the certificate-holder.(10) Candidate--An individual that is seeking registration by examination but has not yet completed the examination or application process.(11) CEPH--Continuing Education Program Hour(s).(12) Chair--The member of the Board who serves as the Board's presiding officer.(13) CIDQ--The Council for Interior Design Qualification.(14) Construction Documents--Drawings; specifications; and addenda, change orders, construction change directives, and other Supplemental Documents prepared for the purpose(s) of Regulatory Approval, permitting, or construction.(15) Consultant--An individual retained by a Registered Interior Designer who prepares or assists in the preparation of technical design documents issued by the Registered Interior Designer for use in connection with the Registered Interior Designer's Construction Documents.(16) Contested Case--A proceeding, including a licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearings.(17) Continuing Education Program Hour (CEPH)--At least fifty (50) minutes of time spent in an activity meeting the Board's continuing education requirements.(18) Council for Interior Design Qualification (CIDQ)--An organization comprised of regulatory boards from the United States and Canada which administers the NCIDQ examination.(19) Delinquent--A registration status signifying that a Registered Interior Designer:(A) has failed to remit the applicable renewal fee to the Board; and(B) is no longer authorized to use the title \"Registered Interior Designer\" in Texas.(20) Emeritus Interior Designer (or Interior Designer Emeritus)--An honorary title that may be used by a Registered Interior Designer who has retired from the practice of Interior Design in Texas pursuant to §1053.156 of the Texas Occupations Code.(21) Energy-Efficient Design--The design of a project and the specification of materials to minimize the consumption of energy in the use of the project. The term includes energy efficiency strategies by design as well as the incorporation of alternative energy systems.(22) Feasibility Study--A report of a detailed investigation and analysis conducted to determine the advisability of a proposed Interior Design project from a technical Interior Design standpoint.(23) Good Standing--(A) a registration status signifying that a Registered Interior Designer is not delinquent in the payment of any fees owed to the Board; or(B) an application status signifying that an Applicant or Candidate is not delinquent in the payment of any fees owed to the Board, is not the subject of a pending TBAE enforcement proceeding, and has not been the subject of formal disciplinary action by an Interior Design registration board that would provide a ground for the denial of the application for Interior Design registration in Texas.(24) Governmental Jurisdiction--A governmental authority such as a state, territory, or country beyond the boundaries of Texas.(25) Inactive--A registration status signifying that a Registered Interior Designer may not practice Interior Design in the State of Texas.(26) Interior Design--The identification, research, or development of creative solutions to problems relating to the function or quality of the interior environment; the performance of services relating to interior spaces, including programming, design analysis, space planning of non-load-bearing interior construction, and application of aesthetic principles, by using specialized knowledge of interior construction, building codes, equipment, materials, or furnishings; or the preparation of Interior Design plans, specifications, or related documents about the design of non-load-bearing interior spaces.(27) Interior Designers' Registration Law--Chapter 1053, Texas Occupations Code.(28) Interior Design Intern--An individual participating in an internship to complete the experiential requirements for Interior Design registration by examination in Texas.(29) Licensed--Registered.(30) Member Board--An Interior Design registration board that is part of CIDQ.(31) NCIDQ--The examination developed and administered by the Council for Interior Design Qualification, which is the adopted examination for registration as a Texas Registered Interior Designer.(32) Nonregistrant--An individual who is not a Registered Interior Designer.(33) Principal--A Registered Interior Designer who is responsible, either alone or with other Registered Interior Designers, for an organization's practice of Interior Design.(34) Registered Interior Designer--An individual who holds a valid Texas Interior Design registration granted by the Board.(35) Registrant--Registered Interior Designer.(36) Regulatory Approval--The approval of Construction Documents by a Governmental Entity after a review of the Interior Design content of the Construction Documents as a prerequisite to construction or occupation of a building of facility.(37) Reinstatement--The procedure through which a Surrendered or Revoked Texas Interior Design registration certificate is restored.(38) Renewal--The procedure through which a Registered Interior Designer pays a periodic fee so that his or her registration certificate will continue to be effective.(39) Responsible Charge--That degree of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by Registered Interior Designers applying the applicable Interior Design standard of care.(40) Revocation or Revoked--The termination of a Texas Interior Design registration certificate by the Board.(41) Rules and Regulations of the Board--22 Texas Administrative Code §§5.1 et seq.(42) Rules of Procedure of SOAH--1 Texas Administrative Code §§155.1 et seq.(43) Secretary-Treasurer--The member of the Board responsible for signing the official copy of the minutes from each Board meeting and maintaining the record of Board members' attendance at Board meetings.(44) Signature--A personal signature of the individual whose name is signed or an authorized copy of such signature.(45) SOAH--State Office of Administrative Hearings.(46) Sole Practitioner--A Registered Interior Designer who is the only design professional to offer or render Interior Design services on behalf of a business entity.(47) State Office of Administrative Hearings (SOAH)--A governmental entity created to serve as an independent forum for the conduct of adjudicative hearings involving the executive branch of Texas government.(48) Supervision and Control--The amount of oversight by a Registered Interior Designer overseeing the work of another whereby:(A) the Registered Interior Designer and the individual performing the work can document frequent and detailed communication with one another and the Registered Interior Designer has both control over and detailed professional knowledge of the work; or(B) the Registered Interior Designer is in Responsible Charge of the work and the individual performing the work is employed by the Registered Interior Designer or by the Registered Interior Designer's employer.(49) Supplemental Document--A document that modifies or adds to the technical Interior Design content of an existing Construction Document.(50) Surrender--The act of relinquishing a Texas Interior Design registration certificate along with all privileges associated with the certificate.(51) Sustainable Design--An integrative approach to the process of design which seeks to avoid depletion of energy, water, and raw material resources; prevent environmental degradation caused by facility and infrastructure development during their implementation and over their life cycle; and create environments that are livable and promote health, safety and well-being. Sustainability is the concept of meeting present needs without compromising the ability of future generations to meet their own needs.(52) TBAE--Texas Board of Architectural Examiners.(53) TDLR--Texas Department of Licensing and Regulation.(54) Texas Department of Licensing and Regulations (TDLR)--A Texas state agency responsible for the implementation and enforcement of the Texas Architectural Barriers Act.(55) Vice-Chair--The member of the Board who serves as the assistant presiding officer and, in the absence of the Chair, serves as the Board's presiding officer. If necessary, the Vice-Chair succeeds the Chair until a new Chair is appointed.", "sourceNote": "Source Note: The provisions of this §5.5 adopted to be effective May 4, 1992, 17 TexReg 2860; amended to be effective December 6, 1995, 20 TexReg 9847; amended to be effective June 30, 1997, 22 TexReg 5922; amended to be effective April 5, 2000, 25 TexReg 2814; amended to be effective February 27, 2001, 26 TexReg 1723; amended to be effective March 6, 2003, 28 TexReg 1878; amended to be effective March 30, 2006, 31 TexReg 2455; amended to be effective September 19, 2006, 31 TexReg 7995; amended to be effective April 3, 2008, 33 TexReg 2693; amended to be effective December 14, 2008, 33 TexReg 10160; amended to be effective June 21, 2009, 34 TexReg 3947; amended tobe effective December 29, 2009, 34 TexReg 9441; amended to be effective June 13, 2010, 35 TexReg 4700; amended to be effective September 25, 2012, 37 TexReg 7483; amended to be effective March 23, 2017, 42 TexReg 1251; amended to be effective January 1, 2018, 42 TexReg 7403; amended to be effective July 8, 2020, 45 TexReg 4516." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187104", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§5.31", "label": "Registration by Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187105", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to obtain Interior Design registration by examination in Texas, an Applicant shall demonstrate that the Applicant has satisfied the educational and professional experience eligibility requirements adopted by the Council for Interior Design Qualification (CIDQ) to sit for the NCIDQ examination, and shall successfully complete the NCIDQ examination or a predecessor or other examination deemed equivalent by CIDQ as more fully described in Subchapter C of this chapter.(b) Alternatively, prior to December 31, 2018, an Applicant may obtain Interior Design registration by examination by successfully completing the Architectural Registration Examination or another examination deemed equivalent by NCARB after fulfilling the prerequisites of §1.21 and §1.41 of this title relating to Board approval to take the Architectural Registration Examination for architectural registration by examination. This subsection is repealed effective January 1, 2019.(c) An Applicant for Interior Design registration by examination who, as of January 1, 2018, has been approved to take the examination by the Board and has paid all application maintenance fees associated with the application, may qualify for registration by successfully completing the NCIDQ or other qualifying examination and satisfying:(1) the educational and professional experience required by CIDQ to sit for its examination; or(2) the educational and professional experience requirements adopted by the Board and in effect at the time the application was filed.(d) In accordance with federal law, the Board must verify proof of legal status in the United States. Each Applicant shall provide evidence of legal status by submitting a certified copy of a United States birth certificate or other documentation that satisfies the requirements of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. A list of acceptable documents may be obtained by contacting the Board's office.", "sourceNote": "Source Note: The provisions of this §5.31 adopted to be effective August 2, 2000, 25 TexReg 7166; amended to be effective October 11, 2001, 26 TexReg 7855; amended to be effective April 4, 2004, 29 TexReg 3469; amended to be effective March 30, 2006, 31 TexReg 2456; amended to be effective July 13, 2008, 33 TexReg 5318; amended to be effective June 13, 2010, 35 TexReg 4700; amended to be effective February 21, 2011, 36 TexReg 928; amended to be effective September 18, 2013, 38 TexReg 6039; amended to be effective March 22, 2016, 41 TexReg 2162; amended to be effective January 11, 2017, 42 TexReg 14; amended to be effective January 1, 2018, 42TexReg 7403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187105", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§5.32", "label": "Registration by Reciprocal Transfer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187109", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may apply for Interior Design registration by reciprocal transfer if the person holds an Interior Design registration that is active and in good standing in another jurisdiction and the other jurisdiction:(1) has licensing or registration requirements substantially equivalent to Texas registration requirements; or(2) has entered into a reciprocity agreement with the Board that has been approved by the Governor of Texas.(b) In order to obtain Interior Design registration by reciprocal transfer, an Applicant must demonstrate that the Applicant has:(1) successfully completed the NCIDQ examination or a predecessor or other examination deemed equivalent by the Council for Interior Design Qualification (CIDQ); and(2) acquired at least two years of acceptable Interior Design experience following registration in another jurisdiction.(c) An Applicant for Interior Design registration by reciprocal transfer must remit the required registration fee to the Board within 60 days after the date of the tentative approval letter sent to the Applicant by the Board.", "sourceNote": "Source Note: The provisions of this §5.32 adopted to be effective October 11, 2001, 26 TexReg 7856; amended to be effective April 4, 2004, 29 TexReg 3469; amended to be effective June 13, 2010, 35 TexReg 4701; amended to be effective November 23, 2014, 39 TexReg 9009; amended to be effective March 22, 2016, 41 TexReg 2163; amended to be effective January 1, 2018, 42 TexReg 7403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187109", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§5.33", "label": "Application Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187106", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant for Interior Design registration by examination or by reciprocal transfer must apply for registration by submitting to the Board's office a completed registration application and all required supporting documentation.(b) Prior to filing an application for registration by examination, an Applicant must:(1) satisfy the educational and professional experience eligibility requirements adopted by the Council for Interior Design Qualification (CIDQ) to sit for the NCIDQ examination; and(2) be approved by CIDQ to sit for the examination.(c) An application for TBAE registration by examination must include:(1) a verified statement of the Applicant's education, such as a transcript;(2) a detailed summary of the Applicant's interior design work experience; and(3) proof of approval by CIDQ to sit for the examination.(d) Upon receipt of the completed application and all required supporting documentation and receipt of the required application fee, the Board shall evaluate the Applicant's application materials. The Board may require additional information or documentation from the Applicant.(e) The Board will notify each Applicant in writing regarding the approval or rejection of the Applicant's application.(f) Pursuant to the provisions of §231.302 of the Texas Family Code, each Applicant shall submit his/her social security number to the Board. The Applicant's social security number shall be considered confidential as stated in §231.302(e) of the Texas Family Code.(g) The Board may take action against an Applicant or Candidate pursuant to §5.160 of this title (relating to Effect of Enforcement Proceedings on Application).", "sourceNote": "Source Note: The provisions of this §5.33 adopted to be effective October 11, 2001, 26 TexReg 7857; amended to be effective June 13, 2010, 35 TexReg 4701; amended to be effective January 1, 2018, 42 TexReg 7403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187106", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§5.35", "label": "Pending Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200091", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A properly submitted application for registration by examination will be effective for three years from the date it is received by the Board. After three years, the Board may require the Applicant or Candidate to update the application or reapply.(b) Each Applicant must pay an annual record maintenance fee as prescribed by the Board or the application file will be closed. An Applicant may reopen an application file that was closed pursuant to this section only after payment of a fee equal to the sum of the record maintenance fees for the current year and each year the file has been closed plus any costs directly related to the reopening of the application file. An application file that has been closed for five years or longer may not be reopened.", "sourceNote": "Source Note: The provisions of this §5.35 adopted to be effective October 11, 2001, 26 TexReg 7859; amended to be effective January 1, 2018, 42 TexReg 7403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200091", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§5.36", "label": "Preliminary Evaluation of Criminal History" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200092", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant, Candidate or a person enrolled or planning to enroll in a qualifying Interior Design educational program may make a written request to the Board's executive director for a preliminary criminal history evaluation letter which states the person's eligibility for registration under §5.158 of this chapter (relating to Criminal Convictions).(b) A person who requests a criminal history evaluation shall provide the following information:(1) a statement describing the offenses for which the requestor has a criminal history;(2) any court documents including, but not limited to, indictments, orders of deferred adjudication, judgments, probation records, and evidence of completion of probation, if applicable;(3) the names and contact information of the parole or probation department, if any, to which the requestor reports; and(4) the required fee for determining eligibility.(c) Within 90 days after receiving a request which complies with subsection (b) of this section, the executive director shall issue a criminal history evaluation letter which states:(1) a determination that a ground for ineligibility based upon criminal conduct does not exist; or(2) a determination that the requestor is ineligible due to criminal conduct and a specific explanation of the basis for that determination, including any factor considered under §5.158(c) or (d) of this chapter that served as the basis for the determination.(d) For purposes of determining eligibility for registration, a record of conviction is conclusive evidence of guilt. The Board may not consider a conviction in determining eligibility for registration upon receipt of proof that the conviction or an order of probation with or without adjudication of guilt has been reversed or set aside.(e) In the absence of evidence that was not disclosed by the requestor or reasonably available when a request for a criminal history evaluation was under consideration, the executive director's criminal history evaluation letter is a final determination regarding the requestor's eligibility for registration. If found to be ineligible for registration, a requestor may not apply for registration until one year after the date the letter is issued. A requestor who is determined to be ineligible may:(1) submit a request for reconsideration of the determination of ineligibility based upon evidence that was not disclosed or reasonably available to the agency at the time the determination was made;(2) submit a new request for an evaluation no sooner than one year after the date upon which the criminal history evaluation letter was issued; or(3) request a hearing on the determination made in the executive director's criminal history evaluation letter. A hearing conducted pursuant to this section is subject to the Administrative Procedure Act, Chapter 2001, Government Code.(f) The Board shall issue a final order on the determination made in the criminal history evaluation after consideration of a proposal for decision issued by an administrative law judge at the State Office of Administrative Hearings. The Board's final order must specify findings of fact and conclusions of law, stated separately, regarding the person's eligibility for registration in light of his or her criminal history record.(g) A person who is found to be ineligible by a final order of the Board may not file another request for a criminal history evaluation or apply for registration until three years after the date of the Board's final order. However, a person may request reconsideration of the final order based upon evidence that was not disclosed or reasonably available to the Board at the time the final order was issued.", "sourceNote": "Source Note: The provisions of this §5.36 adopted to be effective November 29, 2010, 35 TexReg 10507; amended to be effective January 1, 2018, 42 TexReg 7403; amended to be effective July 8, 2020, 45 TexReg 4517." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200092", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§5.37", "label": "Provisional Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167482", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall grant a Certificate of Registration or a provisional Certificate of Registration to an otherwise qualified Applicant who has been convicted of an offense that:(1) is not directly related to the Practice of Interior Design as determined by the executive director under §5.158 of this chapter (relating to Criminal Convictions);(2) is not an offense listed in Article 42A.054, Code of Criminal Procedure; and(3) is not a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.(b) A provisional Certificate of Registration expires six (6) months after the date it is issued.(c) A provisional Certificate of Registration may be Revoked for the following reasons:(1) the provisional Registrant commits another offense during the 6-month provisional Registration period;(2) the provisional Registrant's community supervision, mandatory supervision, or parole is Revoked; or(3) the provisional Registrant violates a statute or rule enforced by the Board.(d) A provisional Registrant who is subject to community supervision, mandatory supervision, or parole shall provide the Board name and contact information of the probation or parole department to which the provisional Registrant reports. The Board shall provide notice to the department upon the issuance of the provisional Certificate of Registration, as well as any terms, conditions or limitations upon the provisional Registrant's practice.(e) Upon successful completion of the provisional Registration period, the Board shall issue a Certificate of Registration to the provisional Registrant. If a provisional Registrant's provisional Certificate is Revoked, the provisional Registrant is disqualified from receiving a Certificate of Registration and may not apply for a Certificate of Registration for a period of three (3) years from the date of Revocation.", "sourceNote": "Source Note: The provisions of this §5.37 adopted to be effective November 29, 2010, 35 TexReg 10508; amended to be effective January 1, 2018, 42 TexReg 7403; amended to be effective July 8, 2020, 45 TexReg 4517." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167482", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§5.38", "label": "Child Support Arrearage" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217156", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Texas Family Code §232.0135, the Board shall not approve an application for registration from an Applicant who has failed to pay court ordered child support. The Board shall refuse to approve such an application upon receipt of notice of the child support arrearage from the child support agency until receipt of notice from the agency that the arrearage has been paid or other conditions specified in Texas Family Code §232.0135 have been met.", "sourceNote": "Source Note: The provisions of this §5.38 adopted to be effective June 8, 2014, 39 TexReg 4251." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217156", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "B", "label": "ELIGIBILITY FOR REGISTRATION" }, "rule": { "number": "§5.39", "label": "Registration of a Military Service Member, Military Veteran, or Military Spouse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187110", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) \"Active duty\" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar military service of another state.(2) \"Armed forces of the United States\" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) \"Military service member\" means a person who is on active duty.(4) \"Military spouse\" means a person who is married to a military service member.(5) \"Military veteran\" means a person who has served on active duty and who was discharged or released from active duty.(b) Interior design registration eligibility requirements for military service members, military veterans, and military spouses.(1) Verified military service, training, or education will be credited toward the registration requirements, other than an examination requirement, of an Applicant who is a military service member or a military veteran.(2) An Applicant who is a military service member, military veteran, or military spouse may be eligible for registration if the Applicant:(A) Holds an active interior design registration issued by another jurisdiction that has licensing or registration requirements that are substantially equivalent to the requirements for registration in this state; or(B) Held an active interior design registration in this state within the five years preceding the application.(3) Not later than 30 days after a military service member, military veteran, or military spouse files an application for registration, the Board shall process the application, and if the applicant qualifies for registration under this subsection, issue the registration.(4) This subsection does not apply if the Applicant holds a restricted registration issued by another jurisdiction or has an unacceptable criminal history.(c) Alternative temporary registration procedure for an individual who is a military service member or military spouse.(1) An individual who is a military service member or military spouse may qualify for a temporary Interior Design registration if the individual:(A) holds a current interior design license or registration in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements for Interior Design registration in this state;(B) notifies the Board in writing of the individual's intent to practice Interior Design in this state;(C) submits to the Board required information to demonstrate eligibility for temporary Interior Design registration; and(D) receives a verification letter from the Board that:(i) the Board has verified the individual's license or registration in the other jurisdiction; and(ii) the individual is issued a temporary Interior Design registration.(2) The Board will review and evaluate the following criteria when determining whether another jurisdiction's licensing requirements are substantially equivalent to the requirements for an Interior Design registration in Texas:(A) whether the other jurisdiction requires an applicant to pass the Council for Interior Design Qualification (CIDQ) examination;(B) any experience qualifications required by the jurisdiction to obtain the license or registration; and(C) any education credentials required by the jurisdiction to obtain the license or registration.(3) The individual must submit the following information to the Board to demonstrate eligibility for temporary Interior Design registration:(A) a written request for the Board to review the individual's eligibility for temporary Interior Design registration;(B) sufficient documentation to verify that the individual is currently licensed or registered in good standing in another jurisdiction and has no restrictions, pending enforcement actions, or unpaid fees or penalties relating to the license or registration;(C) proof of residency in this state;(D) a copy of the individual's military identification card; and(E) proof the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in Texas.(4) Not later than the 30th day after the date an individual submits the information described by paragraph (3) of this subsection, the Board shall provide the verification described by paragraph (1)(D) of this subsection if the individual is eligible for a temporary registration under this subsection.(5) A temporary Interior Design registration issued under this subsection expires three years from the date of issuance or when the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is no longer stationed at a military installation in Texas, whichever occurs first. The registration may not be renewed.(6) In the event of a divorce or similar event that affects an individual's status as a military spouse, the spouse's registration will continue in effect until the registration expires three years from the date of issuance.(7) Except as provided under this subsection, an individual who receives a temporary Interior Design registration under this subsection is subject to and shall comply with all applicable laws, rules, and standards governing the practice of Interior Design in this state.(8) A temporary Interior Design registration issued under this subsection may be revoked if the individual:(A) fails to comply with paragraph (7) of this subsection; or(B) the individual's license or registration required under paragraph (1)(A) of this subsection expires or is suspended or revoked.(9) The Board shall not charge a fee for the issuance of a temporary Interior Design registration under this subsection.", "sourceNote": "Source Note: The provisions of this §5.39 adopted to be effective November 23, 2014, 39 TexReg 9009; amended to be effective March 22, 2016, 41 TexReg 2163; amended to be effective April 5, 2020, 45 TexReg 2185; amended to be effective March 28, 2024, 49 TexReg 1930." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187110", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§5.51", "label": "Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant for Interior Design registration by examination in Texas must meet the eligibility and application requirements contained in §5.33(b) and (c) of this chapter, and successfully complete all sections of the NCIDQ examination or a predecessor or other examination deemed equivalent by the Council for Interior Design Qualification (CIDQ). Alternatively, prior to December 31, 2018, an applicant may obtain Interior Design registration by examination by successfully completing all sections of the Architectural Registration Examination (ARE), or another examination NCARB deems equivalent to the ARE, after fulfilling the requirements of §1.21 and §1.41 of this title relating to Board approval to take the ARE for architectural registration by examination.(b) Each Applicant must achieve a passing score in each division of the NCIDQ examination. Scores from individual divisions may not be averaged to achieve a passing score.(c) An examination fee may be refunded as follows:(1) The application fee paid to the Board is not refundable or transferable.(2) The Board, on behalf of an examinee, may request a refund of a portion of the examination fee paid to CIDQ for scheduling all or a portion of the registration examination. A charge for refund processing may be withheld by CIDQ. Refunds of examination fees are subject to the following conditions:(A) An examinee, because of extreme hardship, must have been precluded from scheduling or taking the examination or a portion of the examination. For purposes of this subsection, extreme hardship is defined as a serious illness or accident of the examinee or a member of the examinee's immediate family or the death of an immediate family member. Immediate family members include the spouse, child(ren), parent(s), and sibling(s) of the examinee. Any other extreme hardship may be considered on a case-by-case basis.(B) A written request for a refund based on extreme hardship must be submitted not later than thirty (30) days after the date the examination or portion of the examination was scheduled or intended to be scheduled. Documentation of the extreme hardship that precluded the examinee from scheduling or taking the examination must be submitted by the examinee as follows:(i) Illness: verification from a physician who treated the illness.(ii) Accident: a copy of an official accident report.(iii) Death: a copy of a death certificate or newspaper obituary.(C) Approval of the request and refund of the fee or portion of the fee by CIDQ.(3) An examination fee may not be transferred to a subsequent examination.", "sourceNote": "Source Note: The provisions of this §5.51 adopted to be effective October 11, 2001, 26 TexReg 7860; amended to be effective April 4, 2004, 29 TexReg 3471; amended to be effective December 24, 2008, 33 TexReg 10323; amended to be effective June 13, 2010, 35 TexReg 4701; amended to be effective September 18, 2013, 38 TexReg 6040; amended to be effective January 11, 2017, 42 TexReg 14; amended to be effective January 1, 2018, 42 TexReg 7403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187111", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§5.52", "label": "Examination Administration and Scoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187112", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant must apply for Interior Design registration by examination as described in §5.33 of this title (relating to Application Process).(b) Unless otherwise noted in this chapter, the administration and scoring of the NCIDQ examination shall be governed by the procedures adopted by the Council for Interior Design Qualification (CIDQ). The Board shall not review any NCIDQ examination score to determine its validity.", "sourceNote": "Source Note: The provisions of this §5.52 adopted to be effective October 11, 2001, 26 TexReg 7860; amended to be effective June 13, 2010, 35 TexReg 4702; amended to be effective January 1, 2018, 42 TexReg 7403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187112", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§5.53", "label": "Scheduling of Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187113", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to qualify for registration by examination, an Applicant must schedule and pass all sections of the NCIDQ within the time period required by the Council for Interior Design Qualification (CIDQ).(b) Notwithstanding subsection (a) of this section, an Applicant described by §5.31(c) of this chapter may schedule and pass all sections of the NCIDQ examination within the time period:(1) required by CIDQ; or(2) adopted by the Board and in effect at the time the application was filed.(c) A qualifying examinee may request an extension if the examinee is unable to pass all sections of the examination within the required time period for the following reasons:(1) The examinee gave birth to, or adopted a child;(2) The examinee developed a serious medical condition; or(3) The examinee commenced active duty service as a member of the United States military.(d) An examinee may receive an extension of up to 6 months for the birth or adoption of a child by filing a written application with the Board together with any corroborating evidence immediately after the examinee learns of the impending adoption or birth. An examinee may receive an extension for the period of the serious medical condition or for the period of active duty military service by filing a written application with the Board together with corroborating evidence immediately after the examinee learns of the medical condition or the commencement of active duty military service. An examinee shall immediately notify the Board in writing when the medical condition is resolved or active duty military service ends. Any request for an extension under this section must be approved by the Board and CIDQ.", "sourceNote": "Source Note: The provisions of this §5.53 adopted to be effective October 11, 2001, 26 TexReg 7860; amended to be effective March 16, 2005, 30 TexReg 1447; amended to be effective October 18, 2009, 34 TexReg 7077; amended to be effective November 23, 2014, 39 TexReg 9009; amended to be effective January 1, 2018, 42 TexReg 7403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187113", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "C", "label": "EXAMINATION" }, "rule": { "number": "§5.55", "label": "Special Accommodations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "89575", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with the Americans with Disabilities Act (ADA), every registration examination must be conducted in an accessible place and manner, or alternative accessible arrangements must be afforded so that no qualified individual with a disability is unreasonably denied the opportunity to complete the licensure process because of his/her disability.(b) Special accommodations can be provided for examinees with physical or mental impairments that substantially limit major life activities. Available accommodations include the modification of examination procedures and the provision of auxiliary aids and services designed to furnish an individual with a disability an equal opportunity to demonstrate his/her knowledge, skills, and ability.(c) The Board is not required to approve every request for accommodation or auxiliary aid or provide every accommodation or service as requested. The Board is not required to grant a request for accommodation if doing so would fundamentally alter the measurement of knowledge or the measurement of a skill intended to be tested by the examination or would create an undue financial or administrative burden.(d) Procedure for requesting accommodation:(1) To protect the integrity of the testing process, an examinee requesting an accommodation must submit documentation regarding the existence of a disability and the reason the requested accommodation is necessary to provide the examinee with an equal opportunity to exhibit his/her knowledge, skills, and ability through the examination. The Board shall evaluate each request on a case-by-case basis.(2) An examinee requesting an accommodation must have a licensed health care professional or other qualified evaluator provide certification regarding the disability as described in subsection (e) of this section.(3) An examinee seeking an accommodation must make a request for accommodation on the prescribed form and provide documentation of the need for accommodation well in advance of the examination date. If the form is submitted less than sixty (60) days prior to the examination date, the Board will attempt to process the request but might not be able to provide the necessary accommodation for the next examination.(e) The following information is required to support a request for an accommodation or an auxiliary aid:(1) Identification of the type of disability (physical, mental, learning);(2) Credential requirements of the evaluator:(A) For physical or mental disabilities (not including learning), the evaluator shall be a licensed health care professional qualified to assess the type of disability claimed. If a person who does not fit these criteria completes the evaluation, the Board may reject the evaluation and require another evaluation, and the request for accommodation may be delayed.(B) In the case of learning disabilities, a qualified evaluator shall have sufficient experience to be considered qualified to evaluate the existence of learning disabilities and proposed accommodations needed for specific learning disabilities. The evaluator shall be one of the following:(i) a licensed physician or psychologist with a minimum of three years' experience working with adults with learning disabilities; or(ii) another professional who possesses a master's or doctorate degree in special education or educational psychology and who has at least three years of equivalent training and experience in all of the areas described below:(I) assessing intellectual ability and interpreting tests of such ability;(II) screening for cultural, emotional, and motivational factors;(III) assessing achievement level; and(IV) administering tests to measure attention and concentration, memory, language reception and expression, cognition, reading, spelling, writing, and mathematics.(3) Professional verification of the disability, which shall include a description of:(A) the nature and extent of the disability, including a description of its effect on major life activities and the anticipated duration of the impairment;(B) the effect of the disability on the examinee's ability to:(i) evaluate written material;(ii) complete graphic sections of the examination by drawing, drafting, and lettering; and(iii) complete computerized sections of the examination that require data entry via keyboard and the manipulation of a mouse.(C) whether the disability limits the amount of time the examinee can spend on specific examination tasks;(D) the recommended accommodation and how it relates to the examinee's disability;(E) the professional's name, title, telephone number, and his/her original signature;(F) any other information necessary, in the professional's opinion, to enable the exam provider to understand the examinee's disability and the accommodation necessary to enable the examinee to demonstrate his/her knowledge, skills, and ability.(f) Documentation supporting an accommodation shall be valid for five (5) years from the date submitted to the Board except that no further documentation shall be required where the original documentation clearly states that the disability will not change in the future.(g) The Board has the responsibility to evaluate each request for accommodation and to approve, deny, or suggest alternative reasonable accommodations. The Board may consider an examinee's history of accommodation in determining its reasonableness in relation to the currently identified impact of the disability.(h) Information related to a request for accommodation shall be kept confidential to the extent provided by law.", "sourceNote": "Source Note: The provisions of this §5.55 adopted to be effective April 4, 2004, 29 TexReg 3471; amended to be effective January 1, 2018, 42 TexReg 7403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=89575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "89575", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§5.71", "label": "Issuance of Certificates of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146237", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certificates of registration shall be issued to individuals who have satisfied the registration requirements as described in the Interior Designers' Registration Law and the Rules and Regulations of the Board.(b) Each certificate of registration issued by the Board shall identify the Interior Designer by name and registration number, indicate the effective date of the registration, and acknowledge the Interior Designer's right to practice as a licensed Interior Designer in Texas.", "sourceNote": "Source Note: The provisions of this §5.71 adopted to be effective October 11, 2001, 26 TexReg 7862." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146237", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§5.72", "label": "Display of Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each Registered Interior Designer holding an active certificate of registration shall display it at his/her office. If a Registered Interior Designer maintains an office in more than one (1) location, the Registered Interior Designer shall display a duplicate certificate at each additional location.(b) A duplicate certificate may be obtained only by filing with the Board an application for a duplicate certificate and paying a fee as prescribed by the Board. A Registered Interior Designer may not copy his/her certificate of registration in order to display it.", "sourceNote": "Source Note: The provisions of this §5.72 adopted to be effective October 11, 2001, 26 TexReg 7862; amended to be effective June 13, 2010, 35 TexReg 4702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146239", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§5.74", "label": "Surrender of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200090", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer may voluntarily surrender his/her registration by submitting to the Board a written notice of the voluntary surrender that has been signed by the Registered Interior Designer. The voluntary surrender of a registration shall invalidate the registration. A registration that has been voluntarily surrendered may be reinstated in the manner described in §5.76 of this title (relating to Reinstatement).(b) Upon receipt of written notice from the Board requiring the surrender of a certificate of registration that has been suspended or revoked pursuant to the Rules and Regulations of the Board, a Registered Interior Designer or former Registered Interior Designer shall immediately surrender his/her certificate of registration in the manner prescribed in the notice.", "sourceNote": "Source Note: The provisions of this §5.74 adopted to be effective October 11, 2001, 26 TexReg 7862; amended to be effective June 13, 2010, 35 TexReg 4703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200090", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§5.75", "label": "Annual Renewal Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146241", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall send via email an annual registration renewal notice to each Registered Interior Designer. A Registered Interior Designer must notify the Board in writing (email, fax, on the Board's Web site, or by U.S. mail) each time the Registered Interior Designer's email address or mailing address of record changes. The written notice of the Registered Interior Designer's change of address must be submitted to the Board within thirty (30) days after the effective date of the change of address.(b) A Registered Interior Designer may renew his/her registration prior to its specified annual expiration date by:(1) remitting the correct fee to the Board; and(2) providing the information or documentation requested by the annual registration renewal notice.(c) If a Registered Interior Designer fails to remit a completed registration renewal form and the prescribed fee on or before the specified expiration date of the Registered Interior Designer's registration, the Board shall impose a late payment penalty that must be paid before the Registered Interior Designer's registration may be renewed.(d) If the Board receives official notice that a Registered Interior Designer has failed to pay court ordered child support, the Board may be prohibited from renewing the Registered Interior Designer's registration.(e) If a registration is not renewed within two (2) years after the specified registration expiration date, the registration shall be cancelled by operation of law on the two-year anniversary of its expiration without an opportunity for a formal hearing. If a registration is cancelled pursuant to this subsection, the registration may not be reinstated. In order to obtain a new certificate of registration, a person whose registration was cancelled pursuant to this subsection must:(1) submit an application for registration and satisfy all requirements for registration pursuant to §5.31 of this title (relating to Registration by Examination), including the successful completion of the registration examination;(2) submit an application for registration by reciprocal transfer and satisfy all requirements for registration by reciprocal transfer pursuant to §5.32 of this title (relating to Registration by Reciprocal Transfer); or(3) submit an application for registration and demonstrate that he/she moved to another state and is currently licensed or registered and has been in practice in the other state for at least the 2 years immediately preceding the date of the application.", "sourceNote": "Source Note: The provisions of this §5.75 adopted to be effective October 11, 2001, 26 TexReg 7862; amended to be effective April 4, 2004, 29 TexReg 3472; amended to be effective October 9, 2005, 30 TexReg 6430; amended to be effective April 3, 2008, 33 TexReg 2693; amended to be effective December 24, 2008, 33 TexReg 10324; amended to be effective June 13, 2010, 35 TexReg 4703; amended to be effective February 22, 2015, 40 TexReg 704; amended to be effective March 22, 2016, 41 TexReg 2163; amended to be effective July 8, 2020, 45 TexReg 4516." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146241", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§5.76", "label": "Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146242", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Once the Revocation or Surrender of a Registered Interior Designer's registration is effective, the registration may be reinstated only after an application for reinstatement is properly submitted and approved and the prescribed reinstatement fee is paid. THE BOARD IS NOT PERMITTED TO REINSTATE A CERTIFICATE OF REGISTRATION WHICH IS CANCELLED BY OPERATION OF LAW DUE TO THE REGISTRANT'S FAILURE TO RENEW THE REGISTRATION WITHIN 2 YEARS AFTER ITS DESIGNATED EXPIRATION DATE.(b) If a reinstatement Applicant has used the title \"registered interior designer\" in violation of the Interior Designers' Registration Law since the effective date of the expiration of the Applicant's revoked registration or the Surrender of the Applicant's registration, the reinstatement fee to be paid upon approval of the application shall include an amount equal to the sum of the registration renewal fees for each year since the effective date of the expiration or Surrender.(c) An application for reinstatement may be denied on the following grounds:(1) the registration has been Revoked for a continuous period of five (5) years or longer; or(2) the reinstatement Applicant has performed an act, omitted an act or allowed an omission, or otherwise engaged in a practice that could serve as the basis for the rejection of an application for registration or for the Revocation of a registration; or(3) the registration was voluntarily Surrendered in lieu of potential disciplinary action and the Board finds that the approval of the reinstatement application does not appear to be in the public's interest.(d) If at least five (5) years have passed since the effective date of the Revocation or Surrender of a registration, one of the following shall be required prior to approval of an application for reinstatement:(1) successful completion of all sections of the current registration examination during the five (5) years immediately preceding reinstatement; or(2) verification that the Applicant currently holds an interior design registration that is active and in good standing in another jurisdiction where the registration requirements are substantially equivalent to Texas Interior Design registration requirements.(e) If a registration was Revoked as a result of disciplinary action or Surrendered in lieu of disciplinary action, the registration shall not be reinstated unless the Applicant:(1) demonstrates that the Applicant has taken reasonable steps to correct the misconduct or deficiency that led to the Revocation or Surrender;(2) demonstrates that approval of the application is not inconsistent with the Board's duty to protect the public by ensuring that registrants are duly qualified and fit for registration; and(3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the Revocation or Surrender.", "sourceNote": "Source Note: The provisions of this §5.76 adopted to be effective October 11, 2001, 26 TexReg 7862; amended to be effective April 4, 2004, 29 TexReg 3472; amended to be effective April 3, 2008, 33 TexReg 2693; amended to be effective December 24, 2008, 33 TexReg 10324; amended to be effective June 13, 2010, 35 TexReg 4703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146242", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§5.77", "label": "Emeritus Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146243", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer whose registration is in Good Standing may apply for emeritus registration status on a form prescribed by the Board. In order for a Registered Interior Designer to obtain emeritus status, the Registered Interior Designer must demonstrate that:(1) he/she has been registered as a Registered Interior Designer for at least 20 years; and(2) he/she is at least 65 years of age.(b) An Emeritus Interior Designer may use the title \"Emeritus Interior Designer\" or \"Interior Designer Emeritus.\"(c) An Emeritus Interior Designer may renew his/her registration prior to its specified expiration date by:(1) remitting the correct fee to the Board; and(2) providing the information or documentation requested by the registration renewal notice and signing the renewal form to verify the accuracy of all information and documentation provided.(d) If an Emeritus Interior Designer fails to remit a completed registration renewal form and the prescribed fee on or before the specified expiration date of the Emeritus Interior Designer's registration, the Board shall impose a late payment penalty that must be paid before the Emeritus Interior Designer's registration may be renewed.(e) In order to change his/her registration to active status, an Emeritus Interior Designer must:(1) apply on a form prescribed by the Board;(2) either submit proof that he/she has completed all continuing education requirements for each year the registration has been emeritus or, in lieu of completing the outstanding continuing education requirements, successfully complete all sections of the current Interior Designer Registration Examination during the five years immediately preceding the return to active status; and(3) pay a fee as prescribed by the Board.(f) Applications to return to active status may be rejected for any of the reasons for which an initial application for registration may be rejected or for which a registration may be revoked.(g) The Board may require that an application to return to active status include verification that the Applicant has complied with the laws governing the Practice of Interior Design.", "sourceNote": "Source Note: The provisions of this §5.77 adopted to be effective October 11, 2001, 26 TexReg 7862; amended to be effective April 3, 2008, 33 TexReg 2693; amended to be effective June 13, 2010, 35 TexReg 4704." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146243", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§5.78", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204320", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer whose registration is in good standing may apply for Inactive registration status on a form prescribed by the Board.(b) An Inactive Registered Interior Designer may not practice Interior Design. If an Inactive Registered Interior Designer engages in the practice of Interior Design, the Inactive Registered Interior Designer's registration may be suspended or revoked and the Inactive Registered Interior Designer may be fined as allowed by the Interior Designers' Registration Law for each day that the Inactive Registered Interior Designer has engaged in the practice of Interior Design.(c) An Inactive Registered Interior Designer shall not use or display his/her Interior Design seal during any period that his/her registration is Inactive.(d) An Inactive Registered Interior Designer shall pay an annual fee as prescribed by the Board.(e) In order to return his/her registration to active status, an Inactive Registered Interior Designer must:(1) apply on a form prescribed by the Board;(2) either submit proof that he/she has completed all continuing education requirements for each year the registration has been Inactive if continuing education was required for that year or, in lieu of completing the outstanding continuing education requirements, successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; and(3) pay a fee as prescribed by the Board.(f) An Inactive Interior Designer whose registration has been Inactive for a continuous period of five (5) years or longer must do the following before the Inactive Interior Designer may return to active status:(1) successfully complete all sections of the current registration examination during the five (5) years immediately preceding the return to active status; or(2) furnish evidence that the Inactive Interior Designer currently holds an interior design registration in another jurisdiction where the registration requirements are substantially equivalent to Texas Interior Design registration requirements and that the current Interior Design registration is in good standing.(g) An application to return to active status may be rejected for any of the reasons that an initial application for registration may be rejected or that a registration may be revoked.(h) The Board may require that an application to return to active status include verification that the applicant has complied with the laws governing the registration of Registered Interior Designers.(i) An Inactive Interior Designer may use the title \"Emeritus Interior Designer\" or \"Interior Designer Emeritus\" after filing the appropriate form with the Board if:(1) the Inactive Interior Designer is at least 65 years of age and has been registered at least 15 years; or(2) held an emeritus Interior Design registration on or before January 2, 2002.(j) Nonregistrants may not use the title \"Emeritus Interior Designer\" or \"Interior Designer Emeritus.\"", "sourceNote": "Source Note: The provisions of this §5.78 adopted to be effective October 11, 2001, 26 TexReg 7862; amended to be effective June 3, 2002, 27 TexReg 4704; amended to be effective April 3, 2008, 33 TexReg 2693; amended to be effective March 20, 2009, 34 TexReg 1851; amended to be effective June 13, 2010, 35 TexReg 4704." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204320", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "D", "label": "CERTIFICATION AND ANNUAL REGISTRATION" }, "rule": { "number": "§5.79", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of this Section, the following definitions shall apply:(1) Approved Subject Areas - The following are the Approved Subject Areas for qualifying continuing education:(A) Legal: laws, codes, zoning, regulations, standards, life-safety, accessibility, ethics, insurance to protect owners and public.(B) Technical: structural, mechanical, electrical, communications, fire protection, controls.(C) Environmental: energy efficiency, sustainability, natural resources, natural hazards, hazardous materials, weatherproofing, insulation.(D) Occupant Comfort: air quality, lighting, acoustics, ergonomics.(E) Materials and Methods: building systems, products, finishes, furnishings, equipment.(F) Preservations: historic, reuse, adaptation.(G) Pre-design: programming, project analysis, survey of existing conditions, including the materials and configuration of the interior space of a project.(H) Design: interior building design, interior specifications, accessibility, safety, and security measures.(I) Construction Documents: drawings, specifications and other materials within the definition of the term \"Construction Document\".(J) Construction Administration: contract, bidding, and contract negotiations.(2) Health, Safety, or Welfare - Continuing education course content covering knowledge and practice of interior design that is focused on protection of the public and the environment.(3) Structured Course Study - Courses of study relevant to the practice of Interior Design, taught or otherwise provided by qualified individuals or organizations, delivered by direct, in-person contact or through distance learning methods, the completion of which results in the issuance of a certificate or other record of attendance to the Registered Interior Designer by the provider.(4) Self-Directed Study - Time spent by a Registered Interior Designer developing knowledge and skills relevant to the practice of Interior Design that does not qualify as Structured Course Study.(b) During each calendar year between January 1 and December 31, a Registered Interior Designer shall complete a minimum of 12 qualifying continuing education program hours (CEPH) according to the requirements of this section. Each hour of continuing education applied to this requirement shall directly relate to Health, Safety, or Welfare.(c) Of the 12 qualifying CEPH, each Registered Interior Designer shall complete a minimum of one CEPH relating to Barrier-Free Design and one CEPH relating to Sustainable or Energy-Efficient Design.(d) Of the 12 qualifying CEPH, each Registered Interior Designer shall complete a minimum of eight CEPH in Structured Course Study.(1) Each hour of Structured Course Study shall address one or more Approved Subject Areas and at least 45 minutes of every hour of CEPH shall directly relate to Health, Safety, or Welfare.(2) Examples of Structured Course Study include the following:(A) Attendance at continuing education courses dealing with technical Interior Design subjects related to the Registered Interior Designer's profession, ethical business practices, or new technology.(B) The completion of college or university credit courses addressing Interior Design subjects, ethical business practices or new technology. Each semester or quarter credit hour shall equal one CEPH.(e) Of the 12 qualifying CEPH, each Registered Interior Designer may claim a maximum of four hours of Self-Directed Study. Examples of Self-Directed Study may include the following:(1) Reading written material or reviewing audio, video, or digital media that develops knowledge and skills relevant to the practice of Interior Design but does not qualify as Structured Course Study;(2) Time spent in Interior Design research for publication or formal presentation to the profession or public;(3) Hours spent in professional service to the general public that draws upon the Registered Interior Designer's professional expertise, such as serving on planning commissions, building code advisory boards, urban renewal boards, code study committees, or educational outreach activities;(4) Time spent preparing to teach or teaching Interior Design courses. A Registered Interior Designer may not claim credit for preparing for or teaching the same course more than once; and(5) One CEPH may be claimed for attendance at one full-day session of a meeting of the Texas Board of Architectural Examiners.(f) A Registered Interior Designer may be exempt from continuing education requirements for any of the following reasons:(1) A Registered Interior Designer shall be exempt upon initial registration and upon reinstatement of registration through December 31st of the calendar year of his/her initial or reinstated registration;(2) An inactive or emeritus Registered Interior Designer shall be exempt during any calendar year in which the Registered Interior Designer's registration is in inactive or emeritus status, but all continuing education credits for each period of inactive or emeritus registration shall be completed before the Registered Interior Designer's registration may be returned to active status;(3) A Registered Interior Designer who is not a full-time member of the Armed Forces shall be exempt for any calendar year during which the Registered Interior Designer serves on active duty in the Armed Forces of the United States for a period of time exceeding 90 consecutive days;(4) A Registered Interior Designer who has an active interior design registration in another jurisdiction shall be exempt from mandatory continuing education program requirements in Texas for any calendar year during which the Registered Interior Designer satisfies the other jurisdiction's continuing education program requirements, provided that the other jurisdiction's continuing education requirements are substantially equivalent to Texas requirements. Notwithstanding this exemption, the Registered Interior Designer shall complete one CEPH relating to Barrier-Free Design and one CEPH relating to Sustainable or Energy-Efficient Design; or(5) A Registered Interior Designer who is, as of September 1, 1999, a full-time faculty member or other permanent employee of an institution of higher education, as defined in §61.003, Education Code, and who in such position is engaged in teaching Interior Design.(g) A Registered Interior Designer shall maintain a detailed record of the Registered Interior Designer's continuing education activities, including all course completion certificates documenting completion of Structured Course Study and a record of Self-Directed Study including a date and description of the claimed activity, for a period of five years after the end of the calendar year for which credit is claimed.(h) When renewing his/her annual registration, a Registered Interior Designer shall complete an attestation regarding the Registered Interior Designer's compliance with minimum continuing education requirements. A Registered Interior Designer may attest to compliance and shall be considered compliant with continuing education requirements if:(1) The Registered Interior Designer fulfilled minimum continuing education program requirements during the immediately preceding calendar year according to the requirements of this Section; or(2) The Registered Interior Designer failed to fulfill minimum continuing education program hours during the immediately preceding calendar year, but prior to renewing his/her registration in the current calendar year, the Registered Interior Designer:(A) Completed sufficient qualifying CEPH to correct any deficiency for the prior calendar year (which will be applied to the previous calendar year and cannot be applied to the current calendar year requirement); and(B) Completed 12 hours of qualifying CEPH to be applied to the current calendar year requirement.(i) Upon written request, the Board may require a Registered Interior Designer to produce documentation to prove that the Registered Interior Designer has complied with the minimum continuing education program requirements.(1) Board staff will review a Registered Interior Designer's response to such a request to determine whether the Registered Interior Designer is in compliance with this Section.(2) If a Registered Interior Designer fails to provide acceptable documentation of compliance within 30 days of a request, the Registered Interior Designer will be presumed to have not complied with minimum continuing education requirements.(3) The Board has final authority to determine whether to award or deny credit claimed by a Registered Interior Designer for continuing education activities.(j) Violations of continuing education requirements and administrative penalties:(1) Falsely attesting to compliance with minimum continuing education requirements shall be subject to an administrative penalty in the amount of $500;(2) Failure to timely complete minimum continuing education requirements shall be subject to an administrative penalty in the amount of $100 for every hour of deficiency per calendar year;(3) Failure to maintain a detailed record of continuing education activities shall be subject to an administrative penalty of $100 for every hour of claimed continuing education for which a Registered Interior Designer is unable to provide proof of compliance; and(4) Failure to timely respond to or comply with a continuing education audit or verification shall be subject to an administrative penalty of $250 per failure.(k) The administrative penalties identified in subsection (j) of this section are considered appropriate for a first-time violation of continuing education requirements. If a Registered Interior Designer was previously found to have violated the Board's continuing education requirements in a warning or Order of the Board, the Board may increase the penalty up to a factor of two for a second or subsequent violation, in addition to consideration of suspension or revocation of registration under §5.242 of the Board's rules.(l) The administrative penalties identified in subsection (j) of this section are to be applied to each individual violation of the Board's continuing education requirements. If a Registered Interior Designer has committed multiple violations, the Registered Interior Designer shall be subject to a separate administrative penalty for each violation.(m) If a Registered Interior Designer is registered to practice more than one of the professions regulated by the Board and the Registered Interior Designer completes a continuing education activity that is directly related to more than one of those professions, the Registered Interior Designer may submit that activity for credit for all of the professions to which it relates. The Registered Interior Designer must maintain a separate detailed record of continuing education activities for each profession.(n) A Registered Interior Designer may receive credit for up to 24 CEPH earned during any single calendar year. A maximum of 12 CEPH that is completed in excess of the continuing education requirements for a calendar year may be carried forward to satisfy the continuing education requirements for the next calendar year.(o) As the term is defined in §5.39(a) of the Board's rules, a military service member is entitled to two years of additional time to complete any CEPH requirements.", "sourceNote": "Source Note: The provisions of this §5.79 adopted to be effective April 1, 2021, 46 TexReg 1742." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135967", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "E", "label": "FEES" }, "rule": { "number": "§5.92", "label": "Annual Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146245", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall send an annual notice to each person who must pay a fee that is due annually. Each annual notice shall be sent to the intended recipient's current address of record. Every annual fee must be paid regardless of whether an annual notice is received.(b) Every Registrant must pay his/her annual renewal fee on or before the designated expiration date of the Registrant's certificate of registration. If a Registrant fails to pay his/her annual renewal fee on or before the designated expiration date of the Registrant's certificate of registration, the Board shall require that the Registrant pay a penalty fee in addition to the registration renewal fee before the registration may be renewed. A person whose certificate of registration has expired may not engage in activities that require registration until the certificate of registration has been renewed.(c) If a Registrant fails to renew his/her certificate of registration within 2 years after its designated expiration date, the certificate of registration shall be cancelled by operation of law without the opportunity for a formal hearing. The Board shall send a notice of pending cancellation to a Registrant who fails to renew his/her certificate of registration within 2 years after its designated expiration date. The notice shall be sent to the Registrant's current address of record.", "sourceNote": "Source Note: The provisions of this §5.92 adopted to be effective March 25, 2002, 27 TexReg 2235; amended to be effective April 4, 2004, 29 TexReg 3474; amended to be effective April 3, 2008, 33 TexReg 2694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146245", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "F", "label": "THE REGISTERED INTERIOR DESIGNER'S SEAL" }, "rule": { "number": "§5.111", "label": "Seal Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146246", "queryAsDate": "03/11/2026" }, "ruleBody": "As provided in this section, a Registered Interior Designer may not issue or authorize the issuance of a document regulated by this subchapter unless, pursuant to the requirements of this subchapter, the document is:(1) sealed, signed, and dated pursuant to §5.113(a) of this title (relating to Required Use of Seal and Retention of Sealed Documents) thereby indicating that it may be used for regulatory approval, permitting, or construction; or(2) labeled with the Registered Interior Designer's name and the date and clearly marked to indicate that it may not be used for regulatory approval, permitting, or construction pursuant to §5.113(b) of this title.", "sourceNote": "Source Note: The provisions of this §5.111 adopted to be effective August 2, 2000, 25 TexReg 7169; amended to be effective September 29, 2003, 28 TexReg 8334; amended to be effective June 13, 2010, 35 TexReg 4704." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146246", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "F", "label": "THE REGISTERED INTERIOR DESIGNER'S SEAL" }, "rule": { "number": "§5.112", "label": "Type and Design" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146247", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On every document requiring a Registered Interior Designer's seal, the Registered Interior Designer shall affix or cause the affixation of a seal that will produce a clearly visible and legible image of the seal when the document is copied or reproduced. A Registered Interior Designer may not affix or authorize the affixation of an impression or embossing seal on a document requiring a seal unless the impression or embossing seal will produce a clearly visible and legible image of the seal when the document is copied or reproduced. (b) The design of a Registered Interior Designer's seal shall be the same as the design of the sample seal shown in this subsection except that the name of the Registered Interior Designer and the Registered Interior Designer's registration number shall be substituted for the name and registration number shown on the sample seal. The diameter of the seal shall be no smaller than one and one-half (1.5) inches. Attached Graphic(c) A document regulated by this subchapter may be issued electronically or in any other format selected by the Registered Interior Designer whose seal and signature are affixed to the document. A Registered Interior Designer's seal and signature and the date of signing may be affixed electronically or through any other means selected by the Registered Interior Designer as long as the seal, signature, and date will produce a clearly visible and legible image on any copy or reproduction of the document to which they are affixed.", "sourceNote": "Source Note: The provisions of this §5.112 adopted to be effective August 2, 2000, 25 TexReg 7169; amended to be effective September 29, 2003, 28 TexReg 8334; amended to be effective July 5, 2004, 29 TexReg 6289; amended to be effective June 13, 2010, 35 TexReg 4705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146247", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "F", "label": "THE REGISTERED INTERIOR DESIGNER'S SEAL" }, "rule": { "number": "§5.113", "label": "Required Use of Seal and Retention of Sealed Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Construction Documents:(1) On every Construction Document prepared by a Registered Interior Designer or under a Registered Interior Designer's Supervision and Control, the Registered Interior Designer shall affix or cause the affixation of:(A) the Registered Interior Designer's seal;(B) the Registered Interior Designer's signature (across the face of the seal's image or directly under or adjacent to the seal's image); and(C) the date of signing (including the month, day, and year) before the Construction Document is issued by or under the authority of the Registered Interior Designer.(2) The Registered Interior Designer's seal and signature and the date must be affixed in a manner that will be clearly visible and legible on each copy of a Construction Document issued by or under the authority of the Registered Interior Designer. The Registered Interior Designer's signature and the date may not conceal or obscure the name or registration number on the seal.(3) Construction Documents requiring a seal, signature, and date include the following:(A) each sheet of drawings or electronic equivalent of a sheet of drawings;(B) each specification: if a specification is included in a bound grouping of specifications that includes a table of contents or index listing each individual specification, the seal must be placed in at least one conspicuous location on the bound document; any individual specification sheet or electronic equivalent of a specification sheet that is issued separately must be sealed individually;(C) each sheet or electronic equivalent of a sheet that identifies the project and provides a list of sealed Construction Documents, such as a title sheet, table of contents, or index; and(D) each Interior Design drawing and specification that is part of an addenda, change order, construction change directive, or other Supplemental Document.(b) Documents issued for purposes other than regulatory approval, permitting, and construction:(1) An Interior Design drawing or specification issued by or under the authority of a Registered Interior Designer for a purpose other than regulatory approval, permitting, or construction shall include:(A) the Registered Interior Designer's name;(B) the date the document is issued (including the month, day, and year); and(C) the following statement placed in a conspicuous location on the document: \"Not for regulatory approval, permitting, or construction.\"(2) Each Interior Design drawing and specification included in a Feasibility Study issued by or under the authority of a Registered Interior Designer must be sealed, signed, and dated in the manner described in subsection (a) of this section or labeled with the Registered Interior Designer's name and the date and clearly marked to indicate that it may not be used for regulatory approval, permitting, or construction in the manner described in this subsection.(c) For a minimum of ten (10) years from the date of signature on each Construction Document sealed by or under the authority of a Registered Interior Designer, the sealing Registered Interior Designer shall be responsible for the maintenance of the sealed, signed, and dated original document or a copy of the document bearing the clearly visible and legible seal, signature, and date.", "sourceNote": "Source Note: The provisions of this §5.113 adopted to be effective August 2, 2000, 25 TexReg 7170; amended to be effective September 29, 2003, 28 TexReg 8334; amended to be effective June 13, 2010, 35 TexReg 4705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146248", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "F", "label": "THE REGISTERED INTERIOR DESIGNER'S SEAL" }, "rule": { "number": "§5.114", "label": "Prohibitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146249", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer may not affix or authorize the affixation of his/her seal to any document unless the document was prepared by the Registered Interior Designer or under the Registered Interior Designer's Supervision and Control.(b) If only a portion of a document was prepared by a Registered Interior Designer or under a Registered Interior Designer's Supervision and Control, the Registered Interior Designer's seal may not be affixed to the document unless:(1) the portion of the document prepared by the Registered Interior Designer or under the Registered Interior Designer's Supervision and Control is clearly identified; and(2) it is clearly indicated on the document that the Registered Interior Designer's seal applies only to that portion of the document prepared by the Registered Interior Designer or under the Registered Interior Designer's Supervision and Control.(c) Only the Registered Interior Designer and any person with the Registered Interior Designer's consent may use or attempt to use a Registered Interior Designer's seal. No other person may use or attempt to use:(1) a Registered Interior Designer's seal;(2) a copy of a Registered Interior Designer's seal; or(3) a replica of a Registered Interior Designer's seal.(d) A Registered Interior Designer may not modify a document bearing another Registered Interior Designer's seal without first:(1) taking reasonable steps to notify the sealing Registered Interior Designer of the intent to modify the document; and(2) clearly indicating on the document the extent of the modifications made.(e) Once a Construction Document bearing a Registered Interior Designer's seal is issued, the seal may not be removed.", "sourceNote": "Source Note: The provisions of this §5.114 adopted to be effective August 2, 2000, 25 TexReg 7171; amended to be effective September 29, 2003, 28 TexReg 8334; amended to be effective June 13, 2010, 35 TexReg 4705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146249", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "F", "label": "THE REGISTERED INTERIOR DESIGNER'S SEAL" }, "rule": { "number": "§5.115", "label": "Other Professional Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143745", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer shall provide a written statement of jurisdiction to each client for whom the Registered Interior Designer renders an Interior Design service in Texas.(b) The statement of jurisdiction shall:(1) state that \"The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as registered interior designers in Texas\";(2) include the Board's current mailing address and telephone number; and(3) be placed within every written contract for Interior Design services.(c) If a Registered Interior Designer provides an Interior Design service to a client without entering into a written contract with the client, the Registered Interior Designer shall provide the client with the statement of jurisdiction:(1) by including the statement of jurisdiction in each bill for Interior Design services presented to the client; or(2) if the client visits the Registered Interior Designer's office, by posting the statement of jurisdiction on a sign prominently displayed in the Registered Interior Designer's office.(d) If, in the course of his/her work on an Interior Design project, a Registered Interior Designer becomes aware of a course of action taken against the Registered Interior Designer's advice which may violate an applicable statute, code, or other regulatory provision and which is reasonably likely to have a material adverse effect on the safe use of the completed project, the Registered Interior Designer shall:(1) report the course of action in writing to the owner, to the local building official with jurisdiction over the project, and to other responsible parties; and(2) refuse to consent to the course of action.", "sourceNote": "Source Note: The provisions of this §5.115 adopted to be effective August 2, 2000, 25 TexReg 7172; amended to be effective September 29, 2003, 28 TexReg 8334; amended to be effective June 13, 2010, 35 TexReg 4706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143745", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§5.131", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146250", "queryAsDate": "03/11/2026" }, "ruleBody": "In carrying out its responsibility to insure strict enforcement of the Interior Designers' Registration Law (the Act), the Board may investigate circumstances which appear to violate or abridge the requirements of the Act or the rules dealing with the practice of Interior Design and the use of the title \"registered interior designer.\" Violations of the Act or the rules which cannot be readily resolved through settlement shall be disposed of by administrative, civil, or criminal proceedings as authorized by law.", "sourceNote": "Source Note: The provisions of this §5.131 adopted to be effective September 19, 1996, 21 TexReg 8679; amended to be effective February 27, 2001, 26 TexReg 1724; amended to be effective December 29, 2009, 34 TexReg 9443." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146250", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§5.132", "label": "Association" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer or a Principal on behalf of an Interior Design firm who forms a business association to jointly provide services with any Nonregistrant who is:(1) not an employee of the Registered Interior Designer or the Interior Design firm;(2) not a client of the Registered Interior Designer or the Interior Design firm; and(3) not a subcontractor nor a consultant of the Registered Interior Designer or Interior Design firm under contract with a client except as described in subsection (e) of this section shall, prior to providing such services on behalf of the business association, enter into a written agreement of association with the Nonregistrant whereby the Registered Interior Designer or the Interior Design firm agrees to be responsible for the preparation of all Construction Documents issued by the association.(b) The written agreement of association shall include the following:(1) The date when the agreement to associate is effective;(2) The name, address, telephone number, registration number, and signature of the Registered Interior Designer or the Principal on behalf of the Interior Design firm which has agreed to associate with the Nonregistrant;(3) The name, address, telephone number, and signature of the Nonregistrant with whom the Registered Interior Designer or Principal has agreed to associate.(c) The Registered Interior Designer shall prepare or exercise Supervision and Control over the preparation of all Construction Documents issued by the association unless the Construction Documents are prepared and issued as described in subsection (e) of this section. All Construction Documents prepared pursuant to the association described in this section shall be sealed, signed, and dated in accordance with the provisions of Subchapter F.(d) The Registered Interior Designer who seals Construction Documents on behalf of the association shall retain paper or electronic copies of them together with the written agreement of association and make them available for review by the Board for ten (10) years after the date of the Registered Interior Designer's signature on the Construction Documents.(e) If, pursuant to §1053.002(b) of the Texas Occupations Code, a Texas Registered Interior Designer associates with a person who is not a Texas Registered Interior Designer but is registered as an interior designer in another jurisdiction and does not maintain or open an office in Texas, the Texas Registered Interior Designer shall, at a minimum, exercise Responsible Charge over the preparation of all Construction Documents issued for use in Texas as a result of the association. The Texas Registered Interior Designer shall seal, sign, and date all Construction Documents issued for use in Texas as a result of the association in the same manner as if the Registered Interior Designer had prepared the Construction Documents or they had been prepared under the Registered Interior Designer's Supervision and Control. All other requirements of this section relating to associations apply to an association between a Registered Interior Designer and a person registered as an interior designer in another jurisdiction regardless of whether the Texas Registered Interior Designer or the interior designer from another jurisdiction acts as the \"consultant\" as that term is used in §1053.002(b) of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §5.132 adopted to be effective February 27, 2001, 26 TexReg 1724; amended to be effective September 19, 2006, 31 TexReg 7995; amended to be effective June 13, 2010, 35 TexReg 4706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146251", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§5.133", "label": "Titles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155993", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registered Interior Designers duly registered in Texas are authorized to use the title \"registered interior designer\" to describe themselves.(b) A firm, partnership, corporation, or other business association may use the title \"registered interior designer\" only under the following conditions:(1) The business employs at least one Registered Interior Designer on a full-time basis or associates with at least one Registered Interior Designer pursuant to the provisions of §5.132 of this title (relating to Association); and(2) The Registered Interior Designer(s) employed by or associated with the business pursuant to paragraph (1) of this subsection exercise Supervision and Control over all Interior Design services performed by Nonregistrants on behalf of the business.(c) No entity other than those qualified under subsections (a) and (b) of this section may use the title \"registered interior designer\" in its name.(d) A person participating in an internship to complete the experiential requirements for Interior Design registration in Texas may use the title \"registered interior design intern.\"", "sourceNote": "Source Note: The provisions of this §5.133 adopted to be effective February 27, 2001, 26 TexReg 1724; amended to be effective December 29, 2009, 34 TexReg 9443; amended to be effective June 13, 2010, 35 TexReg 4706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155993", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "G", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§5.134", "label": "Business Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146253", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Interior Design firm or other business entity that uses the title \"registered interior designer\" to describe itself or which offers or renders the services described as those of a Registered Interior Designer must annually register information regarding the firm or business entity with the Board, including an email address to which all correspondence from the Board will be sent.(b) A Registered Interior Designer or a Registered Interior Design firm which enters into an agreement to create a business association pursuant to §5.132 of this title (relating to Association) shall annually register the association with the Board, including an email address to which all correspondence from the Board will be sent.(c) If a Registered Interior Design firm, business entity, or association dissolves or otherwise becomes unable to lawfully use the title \"registered interior designer\" to describe itself, the Registered Interior Design firm, business entity, or association shall so notify the Board in writing. Such notification must be postmarked or otherwise provided within 30 days of the date of dissolution or the date the Registered Interior Design firm, business entity, or association became unable to lawfully use the title \"registered interior designer\" and to offer or render the services described as those of a Registered Interior Designer. A business entity or association may not continue to use the title \"registered interior designer\" or offer or render the services of a Registered Interior Designer unless it employs or contracts with a Registered Interior Designer and updates its registration within that 30 day period.(d) A Registered Interior Designer who is a sole practitioner doing business under his/her own name, which is registered with the Board, is exempt from the requirements of subsections (a) - (c) of this section.(e) Each Registered Interior Design firm, business entity, or association shall annually renew its unexpired registration and pay a renewal fee not later than the anniversary of the date of its initial registration. Each Registered Interior Design firm, business entity, and association shall pay a registration renewal fee to renew an expired registration in an amount equal to 1-1/2 times the normally required renewal fee if registration has been expired for 90 days or less and in an amount equal to twice the normally required renewal fee if the registration has been expired for longer than 90 days. A firm, business entity, or association which offers or renders two or more professional disciplines regulated by the Board shall pay a single registration fee.", "sourceNote": "Source Note: The provisions of this §5.134 adopted to be effective February 27, 2001, 26 TexReg 1724; amended to be effective September 19, 2006, 31 TexReg 7996; amended to be effective December 29, 2009, 34 TexReg 9443; amended to be effective June 13, 2010, 35 TexReg 4707; amended to be effective April 17, 2012, 37 TexReg 2636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146253", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.151", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160894", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter is promulgated pursuant to the Interior Designers' Registration Law (the Act), Chapters 1051 and 1053, Texas Occupations Code, which directs the Board to make all rules consistent with the laws and constitution of Texas which are reasonably necessary for the regulation of the practice of Interior Design and the enforcement of the Act. Except as otherwise noted, this subchapter applies only to situations which are directly or indirectly related to the practice of Interior Design.(b) The Board may revoke, suspend, or refuse to renew a Registered Interior Designer's certificate of registration, place on probation a Registered Interior Designer whose certificate of registration has been suspended, reprimand a Registered Interior Designer, or assess an administrative penalty against a Registered Interior Designer for a violation of any provision of this subchapter or other provisions of the Rules and Regulations of the Board or the Act. The Board also may take action against an Applicant pursuant to §5.160 of this title (relating to Effect of Enforcement Proceedings on Application). A single instance of misconduct may be grounds for disciplinary action by the Board.(c) Upon a finding of professional misconduct, the Board shall consider the following factors in determining an appropriate sanction or sanctions:(1) the seriousness of the conduct, including the hazard or potential hazard to the health or safety of the public;(2) the economic damage or potential damage to property caused by the misconduct;(3) the respondent's history concerning previous grounds for sanction;(4) the sanction necessary to deter future misconduct;(5) efforts to correct the misconduct; and(6) any other matter justice may require.(d) This subchapter is not intended to suggest or define standards of care in civil actions against Registered Interior Designers involving their professional conduct.(e) A Registered Interior Designer may donate his/her services to charitable causes but must adhere to all provisions of the Act and the Rules and Regulations of the Board in the provision of all Interior Design services rendered regardless of whether the Registered Interior Designer is paid for the services.", "sourceNote": "Source Note: The provisions of this §5.151 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective July 5, 2004, 29 TexReg 6290; amended to be effective March 20, 2009, 34 TexReg 1852; amended to be effective June 13, 2010, 35 TexReg 4707." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160894", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.152", "label": "Competence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer shall undertake to perform a professional service only when the Registered Interior Designer, together with those whom the Registered Interior Designer shall engage as consultants, is qualified by education and/or experience in the specific technical areas involved. During the delivery of a professional service, a Registered Interior Designer shall act with reasonable care and competence and shall apply the technical knowledge and skill which is ordinarily applied by reasonably prudent Registered Interior Designers practicing under similar circumstances and conditions.(b) A Registered Interior Designer shall not affix his/her signature or seal to any Interior Design plan or document dealing with subject matter in which he/she is not qualified by education and/or experience to form a reasonable judgment.(c) \"Gross Incompetency\" shall be grounds for disciplinary action by the Board. A Registered Interior Designer may be found to be grossly incompetent under any of the following circumstances:(1) the Registered Interior Designer has engaged in conduct that provided evidence of an inability or lack of skill or knowledge necessary to discharge the duty and responsibility required of a Registered Interior Designer;(2) the Registered Interior Designer engaged in conduct which provided evidence of an extreme lack of knowledge of, or an inability or unwillingness to apply, the principles or skills generally expected of a reasonably prudent Registered Interior Designer under the same or similar circumstances;(3) the Registered Interior Designer has been adjudicated mentally incompetent by a court; or(4) pursuant to §5.159(b) of this title (relating to Substance Abuse).", "sourceNote": "Source Note: The provisions of this §5.152 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective June 13, 2010, 35 TexReg 4707; amended to be effective March 3, 2013, 38 TexReg 1184." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146255", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.153", "label": "Recklessness" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169777", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer shall not practice Interior Design in any manner which, when measured by generally accepted Interior Design standards or procedures, is reasonably likely to result or does result in the endangerment of the safety, health, or welfare of the public.(b) \"Recklessness\" shall be grounds for disciplinary action by the Board. \"Recklessness\" shall include the following practices:(1) conduct which indicates that the Registered Interior Designer is aware of yet consciously disregards a substantial risk of such a nature that its disregard constitutes a significant deviation from the standard of care that a reasonably prudent Registered Interior Designer would exercise under the circumstances;(2) knowing failure to exercise ordinary care and attention toward the intended result when a procedure, technique, material, or system is employed as a result of a decision made by the Registered Interior Designer and such failure jeopardizes any person's health, safety, or welfare; or(3) action which demonstrates a conscious disregard for compliance with a statute, regulation, code, ordinance, or recognized standard applicable to the design or construction of a particular project when such disregard jeopardizes any person's health, safety, or welfare.", "sourceNote": "Source Note: The provisions of this §5.153 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective June 13, 2010, 35 TexReg 4707." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169777", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.154", "label": "Dishonest Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146257", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer may not directly or indirectly perform an act, omit an act or allow an omission, make an assertion, or otherwise engage in a practice with the intent to:(1) defraud;(2) deceive; or(3) create a misleading impression.(b) A Registered Interior Designer may not advertise in a manner which is false, misleading, or deceptive.(c) A Registered Interior Designer may not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific publicly funded Interior Design work. A Registered Interior Designer may not give Interior Design plans, design services, pre-bond referendum services, or any other goods or services of significant value to a governmental entity in response to a request for qualifications, a request for proposals, or otherwise during the process to select a Registered Interior Designer to render publicly funded Interior Design work. The term \"significant value\" is defined to mean any act, article, money, or other material consideration which is of such value or proportion that its offer or acceptance would affect the governmental entity's selection of a Registered Interior Designer or would create the appearance of an obligation or bias on the part of the governmental entity to select the Registered Interior Designer to perform the Interior Design work.(d) For purposes of this section, a Registered Interior Designer's conduct is intentional, or with intent, if the nature of the conduct or a reasonable result of the conduct demonstrates a conscious objective or desire to engage in the conduct or cause the result. A Registered Interior Designer's intent may be established by circumstantial evidence.", "sourceNote": "Source Note: The provisions of this §5.154 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective July 18, 2007, 32 TexReg 4396; amended to be effective June 13, 2010, 35 TexReg 4708; amended to be effective March 3, 2013, 38 TexReg 1184; amended to be effective November 23, 2014, 39 TexReg 9009." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146257", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.155", "label": "Conflicts of Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146258", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a Registered Interior Designer has any business association or financial interest which might reasonably appear to influence the Registered Interior Designer's judgment in connection with the performance of a professional service and thereby jeopardize an interest of the Registered Interior Designer's current or prospective client or employer, the Registered Interior Designer shall promptly inform the client or employer in writing of the circumstances of the business association or financial interest.(b) A Registered Interior Designer shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature, financial or otherwise, from more than one party in connection with a single project or assignment unless the circumstances are fully disclosed in writing to all parties.(c) A Registered Interior Designer shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature from any supplier of materials or equipment or from any contractor or any consultant in connection with any project on which the Registered Interior Designer is performing or has contracted to perform Interior Design services unless the circumstances are fully disclosed in writing to all parties.(d) The phrase \"benefit of any substantial nature\" is defined to mean any act, article, money, or other material consideration which is of such value or proportion that its acceptance creates an obligation or the appearance of an obligation on the part of the Registered Interior Designer or otherwise could adversely affect the Registered Interior Designer's ability to exercise his/her own judgment without regard to such benefit.", "sourceNote": "Source Note: The provisions of this §5.155 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective March 29, 2007, 32 TexReg 1746; amended to be effective June 13, 2010, 35 TexReg 4708." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146258", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.156", "label": "Responsibility to the Interior Design Profession" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146259", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer shall not:(1) knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or any provision of the Rules and Regulations of the Board;(2) aid or abet, directly or indirectly:(A) any unregistered person in connection with the unauthorized practice of Interior Design;(B) any business entity in the practice of Interior Design unless carried on in accordance with the Act; or(C) any person or any business entity in the use of a professional seal or other professional identification so as to create the opportunity for the unauthorized practice of Interior Design by any person or any business entity;(3) fail to exercise reasonable care or diligence to prevent his/her partners, associates, shareholders, and employees from engaging in conduct which, if done by him/her, would violate any provision of the Act or any provision of the Rules and Regulations of the Board.(b) A Registered Interior Designer possessing knowledge of an Applicant's qualifications for registration shall cooperate with the Board by responding in writing to the Board regarding those qualifications when requested to do so by the Board.(c) A Registered Interior Designer shall be responsible and accountable for the care, custody, control, and use of his/her Interior Design seal, professional signature, and other professional identification. A Registered Interior Designer whose seal has been lost, stolen, or otherwise misused shall report the loss, theft, or misuse to the Board immediately upon discovery of the loss, theft, or misuse. The Board may invalidate the registration number of the lost, stolen, or misused seal upon the request of the Registered Interior Designer if the Board deems it necessary.", "sourceNote": "Source Note: The provisions of this §5.156 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective June 13, 2010, 35 TexReg 4708." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146259", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.157", "label": "Prevention of Unauthorized Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200093", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Registered Interior Designer shall not practice or offer to practice Interior Design in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of Interior Design in that jurisdiction.(b) The revocation, suspension, refusal to renew, or denial of a registration to practice Interior Design in another jurisdiction shall be sufficient cause for the revocation, suspension, refusal to renew, or denial of a registration to practice Interior Design in the State of Texas.(c) A Registered Interior Designer who fails to renew his/her certificate of registration prior to its annual expiration date shall not use the title \" registered interior designer\" to describe himself/herself until after the Registered Interior Designer's certificate of registration has been properly renewed.", "sourceNote": "Source Note: The provisions of this §5.157 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective July 5, 2004, 29 TexReg 6290; amended to be effective June 13, 2010, 35 TexReg 4709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200093", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.158", "label": "Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146261", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Chapter 53, Texas Occupations Code and §2005.052, Texas Government Code, the Board may suspend or revoke an existing certificate of registration, disqualify a person from receiving a certificate of registration, issue a provisional license subject to the terms and limitations of §5.37 of this chapter (relating to Provisional Licensure), or deny to a person the opportunity to be examined for a certificate of registration because of the person's conviction for committing an offense if:(1) the offense directly relates to the duties and responsibilities of a Registered Interior Designer;(2) the offense is listed in Article 42A.054, Texas Code of Criminal Procedure; or(3) the offense is a sexually violent offense, as defined by Article 62.001, Texas Code of Criminal Procedure.(b) The following procedures will apply in the consideration of an application for registration as a Registered Interior Designer or in the consideration of a Registrant's criminal history:(1) Effective January 1, 2014, each Applicant shall submit a complete and legible set of fingerprints to the Department of Public Safety or a vendor under contract with the Department for the purpose of obtaining criminal history record information from the Department and the Federal Bureau of Investigation. The Applicant shall pay the cost of conducting the criminal history background check to the Department or the vendor on behalf of the Department. An Applicant who does not submit fingerprints in accordance with this subsection is ineligible for registration.(2) Effective January 1, 2014, each Registrant on active status or returning to active status who has not submitted a set of fingerprints pursuant to paragraph (1) of this subsection shall submit a complete and legible set of fingerprints to the Department of Public Safety or a vendor under contract with the Department for the purpose of obtaining criminal history record information from the Department and the Federal Bureau of Investigation. The Registrant shall pay the cost of conducting the criminal history background check to the Department or the vendor on behalf of the Department. A Registrant who does not submit fingerprints in accordance with this subsection is ineligible for renewal of, or returning to, active registration. A Registrant is not required to submit fingerprints under this paragraph for the renewal of, or returning to, active registration if the Registrant previously submitted fingerprints under paragraph (1) of this subsection for initial registration or under this paragraph for a previous renewal of, or return to, active registration.(3) The executive director may contact the Applicant or Registrant regarding any information about a criminal conviction, other than a minor traffic offense, disclosed in the Applicant's or Registrant's criminal history record. If the executive director intends to pursue revocation or suspension of a registration, or denial of a registration or opportunity to be examined for a registration because of a person's prior conviction of an offense, the executive director must:(A) provide written notice to the person of the reason for the intended denial; and(B) allow the person not less than 30 days to submit any relevant information to the Board.(4) The notice provided by the executive director under this subsection must contain:(A) a statement that the person is disqualified from being registered or being examined for registration because of the person's prior conviction of an offense specified in the notice; or(B) a statement that:(i) the final decision of the Board to revoke or suspend the registration or deny the person a registration or the opportunity to be examined for the registration will be based on the factors listed in subsection (d) of this section; and(ii) it is the person's responsibility to obtain and provide to the Board evidence regarding the factors listed in subsection (d) of this section.(5) If the executive director determines the conviction might be directly related to the duties and responsibilities of a Registered Interior Designer, the Board's staff will obtain sufficient details regarding the conviction to allow the Board to determine the effect of the conviction on the Applicant's eligibility for registration or on the Registrant's fitness for continued registration.(c) In determining whether a criminal conviction is directly related to the duties and responsibilities of a Registered Interior Designer, the executive director and the Board shall consider each of the following factors:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to practice Interior Design;(3) the extent to which Interior Design registration might offer an opportunity to engage in further criminal activity of the same type as that in which the Applicant or Registrant had been involved;(4) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of a Registered Interior Designer; and(5) any correlation between the elements of the crime and the duties and responsibilities of a Registered Interior Designer.(d) If the executive director or the Board determines under subsection (c) of this section that a criminal conviction directly relates to the duties and responsibilities of a Registered Interior Designer, the executive director and the Board shall consider the following in determining whether to suspend or revoke a registration, disqualify a person from receiving a registration, or deny to a person the opportunity to take a registration examination:(1) the extent and nature of the Applicant's or Registrant's past criminal activity;(2) the age of the Applicant or Registrant at the time the crime was committed;(3) the amount of time that has elapsed since the Applicant's or Registrant's last criminal activity;(4) the conduct and work activity of the Applicant or Registrant prior to and following the criminal activity;(5) evidence of the Applicant's or Registrant's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the Applicant's or Registrant's fitness to practice as a Registered Interior Designer, including letters of recommendation.(e) Crimes directly related to the duties and responsibilities of a Registered Interior Designer include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the professional practice of Interior Design, such as the following:(1) criminal negligence;(2) soliciting, offering, giving, or receiving any form of bribe;(3) the unauthorized use of property, funds, or proprietary information belonging to a client or employer;(4) acts relating to the malicious acquisition, use, or dissemination of confidential information related to Interior Design; and(5) any intentional violation as an individual or as a consenting party of any provision of the Act.(f) The Board shall revoke the certificate of registration of any Registrant who is convicted of any felony if the felony conviction results in incarceration. The Board also shall revoke the certificate of registration of any Registrant whose felony probation, parole, or mandatory supervision is revoked.(g) If an Applicant is incarcerated as the result of a felony conviction, the Board may not approve the Applicant for registration during the period of incarceration. If an Applicant's felony probation, parole, or mandatory supervision is revoked, the Board may not approve the Applicant for registration until the Applicant successfully completes the sentence imposed as a result of the revocation.(h) If the Board takes action against any Applicant or Registrant pursuant to this section, the Board shall provide the Applicant or Registrant with the following information in writing:(1) the reason for rejecting the application or taking action against the Registrant's certificate of registration, including any factor considered under subsections (c) or (d) of this section that served as the basis for the action;(2) notice that upon exhaustion of the administrative remedies provided by the Administrative Procedure Act, Chapter 2001, Government Code, an action may be filed in a district court of Travis County for review of the evidence presented to the Board and its decision. The person must begin the judicial review by filing a petition with the court within 30 days after the Board's decision is final; and(3) the earliest date the person may appeal.(i) All proceedings pursuant to this section shall be governed by the Administrative Procedure Act, Chapter 2001, Government Code.", "sourceNote": "Source Note: The provisions of this §5.158 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective March 20, 2009, 34 TexReg 1852; amended to be effective June 13, 2010, 35 TexReg 4709; amended to be effective November 29, 2010, 35 TexReg 10508; amended to be effective April 13, 2014, 39 TexReg 2574; amended to be effective July 8, 2020, 45 TexReg 4517." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146261", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.159", "label": "Substance Abuse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146262", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If in the course of a disciplinary proceeding, it is found by the Board that a Registered Interior Designer's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, contributed to a violation of the Act or the Rules and Regulations of the Board, the Board may condition its disposition of the disciplinary matter on the Registered Interior Designer's completion of a rehabilitation program approved by the Texas Commission on Alcohol and Drug Abuse that may include rehabilitation at a facility also approved by the Commission.(b) A Registered Interior Designer's abuse of alcohol or a controlled substance that results in the impairment of the Registered Interior Designer's professional skill so as to cause a direct threat to the property, safety, health, or welfare of the public may be deemed \"Gross Incompetency\" and may be grounds for the indefinite suspension of a Registered Interior Designer's certificate of registration until such time as he or she is able to demonstrate to the Board's satisfaction that the reasons for suspension no longer exist and that the termination of the suspension would not endanger the public.(c) In order to determine whether abuse of alcohol or a controlled substance contributed to a violation or has resulted in \"gross incompetency,\" the Board may order an examination by one or more health care providers trained in the diagnosis or treatment of substance abuse.", "sourceNote": "Source Note: The provisions of this §5.159 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective June 13, 2010, 35 TexReg 4709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146262", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.160", "label": "Effect of Enforcement Proceedings on Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200094", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The application of an Applicant against whom the Board has initiated an enforcement proceeding may be held at the Board's discretion, without approval, disapproval, or denial until:(1) all enforcement proceedings have been terminated by a final judgment or order and the time for appeal has expired, or if an appeal is taken, such appeal has been terminated;(2) the Applicant is in full compliance with all orders and judgments of the court, all orders and rules of the Board, and all provisions of the Act; and(3) the Applicant has complied with all requests of the Board for information related to such compliance, upon which the Board shall complete the consideration of the application in the regular order of business.(b) An \"enforcement proceeding\" is initiated by the commencement of an investigation that is based either on a formal complaint filed with the Board or on information presented to the Board that establishes probable cause for a belief in the existence of facts that would constitute a violation of the Act or the Rules and Regulations of the Board.(c) The following sanctions may be imposed against an Applicant who is found to have falsified information provided to the Board, violated any of the practice or title restrictions of the Act, violated any similar practice or title restriction of another jurisdiction, or otherwise violated any of the statutory provisions or rules enforced by the Board:(1) reprimand;(2) imposition of an administrative penalty;(3) suspension of the registration certificate upon its effective date;(4) denial of the application; and(5) denial of the right to reapply for registration for a period not to exceed five years.(d) The Board may take action against an Applicant for any act or omission if the same conduct would be a ground for disciplinary action against a Registered Interior Designer.(e) If an application is denied pursuant to subsection (c) or subsection (d) of this section, the Applicant may not subsequently be approved for registration unless the Applicant:(1) demonstrates that he/she has taken reasonable steps to correct the misconduct or deficiency that led to the denial of the previous application;(2) demonstrates that approval of the application is not inconsistent with the Board's duty to protect the public by ensuring that registrants are duly qualified and fit for registration; and(3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the denial of the previous application.", "sourceNote": "Source Note: The provisions of this §5.160 adopted to be effective March 1, 2001, 26 TexReg 1726; amended to be effective July 5, 2004, 29 TexReg 6291; amended to be effective June 13, 2010, 35 TexReg 4709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200094", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "H", "label": "PROFESSIONAL CONDUCT" }, "rule": { "number": "§5.162", "label": "Deferred Adjudication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142619", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of §5.37 and §5.158 of this chapter (relating to Provisional Licensure and Criminal Convictions), a person is not convicted for committing a criminal offense if:(1) the person entered a plea of guilty or nolo contendere;(2) the court deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer of the court; and(3) at the conclusion of a period of supervision, the judge dismissed the proceedings and discharged the person.(b) Notwithstanding subsection (a) of this section, the executive director or the Board may consider a person to have been convicted of a criminal offense regardless of whether the proceedings were dismissed and the person was discharged as described by subsection (a) of this section if:(1) the person was charged with:(A) any offense described by Article 62.001(5), Code of Criminal Procedure; or(B) an offense other than an offense described by subparagraph (A) of this paragraph if:(i) the person has not completed the period of supervision or the person completed the period of supervision less than five years before the date the person applied for registration; or(ii) a conviction for the offense would make the person ineligible for registration by operation of law; and(2) after consideration of the factors described by §5.158(c) or (d) of this chapter, the executive director or the Board determines that:(A) the person may pose a continued threat to public safety; or(B) employment of the person as a Registered Interior Designer would create a situation in which the person has an opportunity to repeat the prohibited conduct.(c) If a person pleads guilty or nolo contendere to conduct which is a violation of a law enforced by the Board, regardless of whether adjudication is deferred, the Board may take disciplinary action.", "sourceNote": "Source Note: The provisions of this §5.162 adopted to be effective November 29, 2010, 35 TexReg 10509; amended to be effective July 8, 2020, 45 Texeg 4517." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142619", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.171", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142620", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter shall provide a system of procedures for the initiation, investigation, prosecution, hearing and resolution of disciplinary matters and allegations involving persons who are subject to the jurisdiction of the Texas Board of Architectural Examiners.", "sourceNote": "Source Note: The provisions of this §5.171 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective October 18, 2009, 34 TexReg 7078." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142620", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.172", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142621", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In computing any period of time prescribed by this subchapter, by order of the Board, or by other applicable statutory provision or rule, the period shall begin on the day after the act or the event considered and conclude at the end of the last day of such period unless the last day falls on a Saturday, Sunday, or official national or Texas state holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or official national or Texas state holiday.(b) A person shall be presumed to have received all pleadings and other notices upon a showing that such materials were sent to the respondent's last known address; the materials were sent by United States mail, first class postage prepaid; a return address was affixed to the exterior of the mailing materials and the materials were not returned; and in excess of seven days has elapsed from placement of the materials into the United States mail.", "sourceNote": "Source Note: The provisions of this §5.172 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective October 18, 2009, 34 TexReg 7078." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142621", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.174", "label": "Initiating a Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142622", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may initiate a Contested Case proceeding in response to:(1) a written complaint filed by a member of the public;(2) information provided in a registration application or renewal form; or(3) other information known to the Board which establishes probable cause.(b) The Board shall not act on a written complaint filed by a member of the public unless the allegations in the complaint describe conduct that violates a rule or statutory provision enforceable by the Board.(c) If the Board receives a written complaint filed by a member of the public, the Board may act on the complaint regardless of the status or outcome of separate litigation related to the subject matter of the complaint or the complainant's request to withdraw the complaint.(d) The Board shall not act on a written complaint filed by a member of the public if the complaint is filed later than ten (10) years after the date of the act(s) or omission(s) described in the complaint.", "sourceNote": "Source Note: The provisions of this §5.174 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective October 18, 2009, 34 TexReg 7078." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142622", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.175", "label": "Informal Disposition of a Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "92040", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Contested Case may be resolved informally at any time.(b) If the respondent agrees in writing to a settlement agreement and the Executive Director executes the written settlement agreement, the settlement agreement shall be presented to the Board for approval or rejection. The settlement agreement must include written findings of fact and conclusions of law and may be in the form of a consent order, letter of reprimand, or other format approved by the Executive Director.(c) If the Board rejects a settlement agreement, the respondent shall have the opportunity to agree to alternative settlement terms approved by the Board. If the respondent does not agree to alternative settlement terms approved by the Board, the case shall be referred to the State Office of Administrative Hearings for a formal hearing.(d) If the respondent and the Executive Director do not agree in writing to a settlement agreement, the case shall be referred to the State Office of Administrative Hearings for a formal hearing.(e) An informal disposition may be made of a Contested Case by default. Default occurs whenever a respondent neither answers nor makes other written response to the filing of a Complaint or Petition at the State Office of Administrative Hearings alleging a violation of any law or Rule over which TBAE possesses jurisdiction. Default also occurs if the respondent fails to appear at a scheduled and properly noticed hearing to be conducted by the State Office of Administrative Hearings.(f) The Board and the Executive Director shall take into account the following factors when considering a proposed settlement agreement:(1) the nature, circumstances, extent, and gravity of any relevant act or omission;(2) the hazard or potential hazard to the health, safety or welfare of the public;(3) the economic harm resulting from the conduct;(4) the respondent's history concerning any previous ground for sanction;(5) the severity of penalty necessary to effectuate specific and general deterrence;(6) any effort by the respondent to take prompt remedial action;(7) the economic benefit gained by the respondent as a result of the conduct;(8) any other matter justice may require; and(9) When considering a referral from the Texas Department of Licensing and Regulation, in addition to the factors described in this subsection, the Board shall consider the actual number of days that the submission was late.", "sourceNote": "Source Note: The provisions of this §5.175 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective October 18, 2009, 34 TexReg 7078." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "92040", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.176", "label": "Informal Conference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142623", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An informal conference may be held in order to provide a respondent with the opportunity to appear and answer a charge against the respondent in person.(b) An informal conference shall be attended by the respondent and each person designated by the Executive Director to attend the conference. The respondent shall have the right to employ legal counsel to attend the informal conference at the respondent's expense.(c) An informal conference shall be voluntary and shall not be a prerequisite to a formal hearing.", "sourceNote": "Source Note: The provisions of this §5.176 adopted to be effective January 8, 2002, 27 TexReg 168." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142623", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.177", "label": "Publication of Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "92042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall cause to be published in the Board's official newsletter, on the Board's Web site, in a newspaper, or in another publication the name of any person who has received disciplinary action by the Board. The publication may include a narrative summary of the facts giving rise to disciplinary action and a description of the action taken.(b) In addition to other types of disciplinary action that shall be publicized pursuant to this section, the Board shall publicize the revocation or cancellation of a certificate of registration after its surrender in lieu of potential disciplinary action.", "sourceNote": "Source Note: The provisions of this §5.177 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective July 5, 2004, 29 TexReg 6291; amended to be effective October 18, 2009, 34 TexReg 7079." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "92042", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.178", "label": "Dismissal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "92043", "queryAsDate": "03/11/2026" }, "ruleBody": "For good cause, the Board, the Executive Director, or a person designated by the Executive Director may dismiss a Contested Case at any time after a Contested Case proceeding is commenced.", "sourceNote": "Source Note: The provisions of this §5.178 adopted to be effective January 8, 2002, 27 TexReg 168." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=92043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "92043", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.179", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146264", "queryAsDate": "03/11/2026" }, "ruleBody": "The Executive Director or a person designated by the Executive Director shall represent the Board in any alternative dispute resolution proceeding.", "sourceNote": "Source Note: The provisions of this §5.179 adopted to be effective January 8, 2002, 27 TexReg 168." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146264", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.180", "label": "Referrals from the Texas Department of Licensing and Regulation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a Registered Interior Designer fails to submit any document to the Texas Department of Licensing and Regulation as required by the Architectural Barriers Act, or a rule or procedure enacted pursuant to the Architectural Barriers Act, the Board may take disciplinary action against the Registered Interior Designer.(b) A Registered Interior Designer's failure to submit documents to the Texas Department of Licensing and Regulation as required by subsection (a) of this section, shall result in a written warning from the Executive Director. An administrative penalty shall be imposed upon second and subsequent failures.(c) When considering potential disciplinary action, including imposition of an administrative penalty, the Board and the Executive Director shall take into account the number of previous incidents involving a registrant's failure to timely submit documents to the Texas Department of Licensing and Regulation and the length of the delay in making the present submission.", "sourceNote": "Source Note: The provisions of this §5.180 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective October 18, 2009, 34 TexReg 7079; amended to be effective June 13, 2010, 35 TexReg 4710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146265", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.181", "label": "Responding to Request for Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146266", "queryAsDate": "03/11/2026" }, "ruleBody": "A Registered Interior Designer, a Candidate or an Applicant shall answer an inquiry or produce requested documents to the Board concerning any matter under the jurisdiction of the Board within thirty (30) days after the date the person receives the inquiry. Failure to respond within thirty (30) days may constitute a separate violation subject to disciplinary action by the Board up to and including suspension or revocation of a registration.", "sourceNote": "Source Note: The provisions of this §5.181 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective October 18, 2009, 34 TexReg 7079; amended to be effective June 13, 2010, 35 TexReg 4710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146266", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.182", "label": "Continuing Violation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each day a violation of any statutory provision or rule enforced by the Board occurs or continues may be considered a separate violation subject to disciplinary action by the Board.(b) Each sheet of Interior Design plans and each separate section of the specifications which are prepared, modified or issued in violation of these rules or any laws over which the Board has jurisdiction shall each be considered an independent violation of applicable rules and laws.", "sourceNote": "Source Note: The provisions of this §5.182 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective October 18, 2009, 34 TexReg 7079; amended to be effective June 13, 2010, 35 TexReg 4711." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201251", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.183", "label": "Violation by One Not a Registered Interior Designer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180092", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Nonregistrant who violates Texas Occupations Code Chapter 1053 or this chapter is subject to any or all of the following:(1) judicial proceedings for injunctive relief;(2) issuance of a cease and desist order from the Board; or(3) denial of registration as a Registered Interior Designer, if applicable.(b) In taking action against a Nonregistrant, the Board may be represented by agency staff, the Texas Attorney General, by a county or district attorney, or by other counsel as necessary.(c) The following process shall be used to issue a cease and desist order to a Nonregistrant:(1) If the Executive Director determines that a Nonregistrant is violating, or has violated, Texas Occupations Code Chapter 1053 or this Chapter, the Executive Director may issue to the Nonregistrant a written notice describing the alleged violation and the Executive Director's intention to request that the Board issue a cease and desist order. The written notice shall offer the Nonregistrant an opportunity to request a hearing before an Administrative Law Judge at the State Office of Administrative Hearings.(2) If the Nonregistrant does not request a hearing before the 22nd day after the date of receiving notice, the board may:(A) issue a cease and desist order; and(B) refer the violation to the attorney general for further action.(3) If the Nonregistrant requests a hearing before the 22nd day after the date of receiving notice, the board shall hold the hearing at the State Office of Administrative Hearings not later than the 30th day after the date the board receives the request for the hearing. A hearing under this section is subject to Chapter 2001, Government Code.(d) Notwithstanding any other law or rule, the Board shall not impose an administrative penalty against a Nonregistrant for a violation of Texas Occupations Code Chapter 1053 or this Chapter. If a Nonregistrant has committed a violation that would otherwise result in the imposition of an administrative penalty under Board Rules §5.187 and/or §5.242, the Board shall consider a remedy described in subsection (a) of this section in lieu of an administrative penalty.", "sourceNote": "Source Note: The provisions of this §5.183 adopted to be effective January 8, 2002, 27 TexReg 168; amended to be effective July 5, 2004, 29 TexReg 6292; amended to be effective October 18, 2009, 34 TexReg 7079; amended to be effective June 13, 2010, 35 TexReg 4711; amended to be effective October 4, 2020, 45 TexReg 6997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180092", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.184", "label": "Complaint Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146268", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may file a complaint by submitting the following information to the Board:(1) the name of and contact information for the complainant unless evidence regarding a possible violation was submitted anonymously;(2) the name of the person against whom the complaint is filed;(3) the address, telephone number, Web site, or other contact information for the person against whom the complaint is filed, if available;(4) the date and location of the alleged violation that is the subject of the complaint;(5) a description of each alleged violation; and(6) the name, address, and telephone number for any known witness who can provide information regarding the alleged violation.(b) A complaint should be submitted on the complaint form that may be obtained by accessing the form on the Board's Web site or by contacting the Board's staff. If a completed complaint form is not submitted, the Board's staff will not be able to initiate an investigation unless the Board's staff receives information sufficient to establish probable cause to believe an actionable violation might have occurred.(c) Once a complaint has been received, the Board's enforcement staff shall:(1) conduct a preliminary evaluation of the complaint within thirty (30) days to determine:(A) Jurisdiction: whether the complaint provides information sufficient to establish probable cause for the Board's staff to believe an actionable violation might have occurred;(B) Disciplinary History: whether there has been previous enforcement activity involving the person against whom the complaint has been filed; and(C) Priority Level: the seriousness of the complaint relative to other pending enforcement matters;(2) provide the complainant and respondent with information which will permit review of the Board's policies and procedures from the Board's web site regarding complaint investigation and resolution. If the complainant or respondent requests a copy of the policies and procedures in written format a copy shall be mailed upon request;(3) notify the complainant and respondent of the status of the investigation at least quarterly unless providing notice would jeopardize an investigation; and(4) maintain a complaint file that includes at least:(A) the name of the person who filed the complaint unless the complaint was filed anonymously;(B) the date the complaint was received by the Board's staff;(C) a description of the subject matter of the complaint;(D) the name of each person contacted in relation to the complaint;(E) a summary of the results of the review and investigation of the complaint; and(F) an explanation for the reason the complaint was dismissed if the complaint was dismissed without action other than the investigation of the complaint.(d) After the preliminary evaluation period, the Board's staff may contact the complainant, the respondent, and any known witness concerning the complaint.(e) After the preliminary evaluation period, the Board's staff shall take steps to dismiss the complaint or proceed with an investigation of the allegation(s) against the respondent. A complaint may be referred to another government agency if it appears that the other agency might have jurisdiction over the issue(s) raised in the complaint.(f) If the Board's staff proceeds with an investigation, the staff shall:(1) investigate the complaint according to the priority level assigned to the complaint;(2) notify the complainant and respondent that, as a result of the staff's preliminary evaluation of the complaint, the staff has determined that the Board has jurisdiction over the allegations(s) described in the complaint and has decided to proceed with an investigation of the allegation(s) against the respondent; and(3) gather sufficient information and evidence to determine whether there is probable cause to believe that a violation of a statutory provision or rule enforced by the Board has occurred.(g) The Board's staff may conduct an investigation regardless of whether a complaint form was received as described in subsection (a) of this section.(h) If the information and evidence gathered during an investigation are insufficient to establish probable cause to believe that a violation has occurred, the Board's staff shall:(1) dismiss the complaint;(2) send notices to the complainant and respondent regarding the dismissal;(3) if warranted, include in the respondent's notice a recommendation or warning regarding the respondent's future conduct; and(4) if a complaint is determined to be unfounded, state in the respondent's notice that no violation was found.(i) If the information and evidence gathered during an investigation are sufficient to establish probable cause to believe that a violation has occurred, the Board's staff shall:(1) seek to resolve the matter pursuant to §§5.175, 5.176 or 5.183 of this subchapter; or(2) issue a warning in accordance with Subsection (j).(j) A warning may be issued by the Executive Director only as follows:(1) the violation is the Respondent's only violation of the Board's laws and rules;(2) the Respondent has not previously been subject to a Board warning or order;(3) the Respondent has provided a satisfactory remedy which has eliminated any harm or threat to the health or safety of the public; and(4) The Respondent has committed one of the following violations:(A) failure to provide or timely provide plans and specifications to TDLR under the requirements of Govt. Code Chap. 469 (Elimination of Architectural Barriers);(B) Unauthorized use of term \"registered interior designer\";(C) Failure to respond to a Board inquiry;(D) Failure to provide a statement of jurisdiction;(E) Use of a non-compliant seal by registrant;(F) Failure to register or annually renew the registration of a business; or(G) Creation of misleading impression by a registered interior designer advertising for services.(k) The decision to issue a warning is at the sole discretion of the Executive Director and not available as a result of a contested case proceeding conducted pursuant to the Government Code Chapter 2001.(l) Before a proposed settlement agreement may be approved by the Board, the terms of the agreement must be reviewed by legal counsel for the Board to ensure that all legal requirements have been satisfied.(m) If a complaint is dismissed, the complainant may submit to the Executive Director a written request for reconsideration. The written request must explain why the complaint should not have been dismissed. The Executive Director may, but is not required to, respond to the request for reconsideration.", "sourceNote": "Source Note: The provisions of this §5.184 adopted to be effective July 5, 2004, 29 TexReg 6292; amended to be effective October 18, 2009, 34 TexReg 7079; amended to be effective September 14, 2016, 41 TexReg 7103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146268", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.185", "label": "Evaluation of Evidence by Expert" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146269", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Board's staff determines that a respondent who is a Registrant, Candidate, or Applicant appears to have engaged in the practice of Interior Design in a manner that was reckless, grossly incompetent, or dishonest, the matter may not be docketed at the State Office of Administrative Hearings for a formal hearing unless the evidence and information gathered during the investigation have been reviewed by a member of the Board or the Board's staff or a consultant who is registered as a Registered Interior Designer.(b) The purpose of the review shall be to confirm, prior to the commencement of formal disciplinary proceedings, that the respondent's professional conduct did not satisfy the requisite standard of care which should be applied by a reasonably prudent Registered Interior Designer under similar circumstances.", "sourceNote": "Source Note: The provisions of this §5.185 adopted to be effective July 5, 2004, 29 TexReg 6292; amended to be effective October 18, 2009, 34 TexReg 7079; amended to be effective June 13, 2010, 35 TexReg 4711." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146269", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.186", "label": "Subpoenas and Depositions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180093", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On a showing of good cause and on deposit of a sum reasonably estimated to cover the costs of issuing and serving the subpoena and the costs described in subsection (e) of this section, the executive director or the Chairman may issue a subpoena to require the attendance of a witness for examination under oath or the production of a record, document, or other evidence relevant to the investigation of, or a disciplinary proceeding related to, an alleged violation of a statutory provision or rule enforced by the Board.(b) A subpoena must:(1) be issued in the name of the State of Texas;(2) be signed by the executive director or the Chairman;(3) be addressed to a sheriff, constable, or other party authorized by the Texas Rules of Civil Procedure to serve a subpoena;(4) state the time and place at which the witness is required to appear, the name of the person at whose instance the subpoena has been issued, and the date of the subpoena's issuance;(5) include a specific description of any record, document, or other evidence covered by the subpoena; and(6) be served by delivering a copy of the subpoena to the party named in the subpoena.(c) A subpoena may be executed and returned at any time. The person serving the subpoena shall make due return thereof, showing the time and manner of service or showing that service was accepted by the witness by a written memorandum signed by the witness and attached to the subpoena.(d) A deposition shall be taken in the manner prescribed for depositions in the Administrative Procedure Act (APA).(e) A witness or deponent who is not a party to an enforcement proceeding and who is subpoenaed or otherwise compelled by the Board to attend any hearing or proceeding to provide testimony, give a deposition, or produce a record, document, or other evidence shall be entitled to receive:(1) payment for mileage and reimbursement for transportation, meal, and lodging expenses as required by the APA for going to and returning from the place of the hearing or the place where the deposition is taken if the place is more than 25 miles from the person's place of residence; and(2) a witness fee as required by the APA for each day or part of a day the person is necessarily present as a witness or deponent.(f) Expenses and fees described in subsection (e) of this section shall be paid by the party at whose request the witness appears or the deposition is taken, on presentation of proper vouchers sworn by the witness and approved by the executive director.(g) Payment for mileage and reimbursement for transportation, meal, and lodging expenses for a witness whose presence is required by a subpoena issued by the executive director or the Chairman shall be at the same rate as is paid to a state employee traveling on state business.", "sourceNote": "Source Note: The provisions of this §5.186 adopted to be effective July 5, 2004, 29 TexReg 6292; amended to be effective June 13, 2010, 35 TexReg 4711." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180093", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.187", "label": "Administrative Penalty Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142631", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Board determines that an administrative penalty is the appropriate sanction for a violation of any of the statutory provisions or rules enforced by the Board, the following guidelines shall be applied to guide the Board's assessment of an appropriate administrative penalty:(1) In determining whether a minor, moderate, or major penalty is imposed under subsection (2) of this rule, the following classifications shall apply:Attached Graphic(2) After determining whether the violation is minor, moderate, or major, the Board shall impose an administrative penalty as follows:(A) Minor violations-an administrative penalty of not more than $1,000 shall be imposed.(B) Moderate violations-an administrative penalty of not more than $3,000 shall be imposed.(C) Major violations-an administrative penalty of not more than $5,000 shall be imposed.(3) In determining the specific amount of an administrative penalty within the minor, moderate, or major range, the Board shall consider the factors outlined in Board Rules 5.151(c) and/or 5.175(f). (4) If a violation of the Board's laws or rules is not specifically defined in subsection (1) as a minor, moderate, or major violation, the Board shall consider the factors outlined in Board Rules 5.151(c) and/or 5.175(f) in determining an appropriate administrative penalty.(5) Previous Disciplinary History - If the respondent was previously found to have violated the Board's laws or rules in a warning or Order of the Board, then any subsequent disciplinary action may be considered at the next higher level of severity.(6) Multiple Violations(A) The administrative penalty ranges discussed in subsection (2) are to be applied to each individual violation of the Board's laws and rules. If a respondent has violated multiple laws and/or rules, or has committed multiple violations of a single law or rule, the Respondent shall be subject to a separate administrative penalty for each violation.(B) Each sheet of plans and specifications created or issued in violation of the Board's laws and rules shall be considered a separate violation for purposes of calculating the total administrative penalty under subsection (6)(A). (C) In the case of a continuing violation, each day a violation continues or occurs shall be considered a separate violation for purposes of calculating the total administrative penalty under subsection (6)(A).(7) The administrative penalties set out in this section may be considered in addition to any other disciplinary actions, such as revocation, suspension, or refusal to renew a registration.(8) If the facts of a case are unique or unusual, the Board may suspend the guidelines described in this section.(9) A Registered Interior Designer, a Candidate, or an Applicant who fails, without good cause, to provide information to the Board under §5.181 of this subchapter (relating to Responding to Request for Information) is presumed to be interfering with and preventing the Board from fulfilling its responsibilities. A violation of §5.181 of this subchapter shall be considered a moderate violation if a complete response is not received within 30 days after receipt of the Board's written inquiry. An additional 15 day delay constitutes a moderate violation, and each 15 day delay thereafter shall be considered a separate major violation of these rules.", "sourceNote": "Source Note: The provisions of this §5.187 adopted to be effective July 5, 2004, 29 TexReg 6292; amended to be effective October 18, 2009, 34 TexReg 7080; amended to be effective June 13, 2010, 35 TexReg 4712; amended to be effective March 3, 2013, 38 TexReg 1185; amended to be effective September 14, 2016, 41 TexReg 7103." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142631", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "I", "label": "DISCIPLINARY ACTION" }, "rule": { "number": "§5.188", "label": "Reinstatement Following Suspension or Revocation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95180", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Board suspends or revokes a person's certificate of registration as a result of disciplinary action, the person may not reinstate the certificate of registration or obtain a new certificate of registration unless the person:(1) demonstrates that he/she has taken reasonable steps to correct the misconduct or deficiency that led to the suspension or revocation;(2) demonstrates that reinstatement or issuance of the certificate of registration is not inconsistent with the Board's duty to protect the public by ensuring that Registrants are duly qualified and fit for registration; and(3) pays all fees and costs incurred by the Board as a result of any proceeding that led to the suspension or revocation. This shall include, but not be limited to, attorney's fees and all costs associated with the need to prosecute a Contested Case proceeding at the State Office of Administrative Hearings and subsequent activities including administrative and judicial appeals.", "sourceNote": "Source Note: The provisions of this §5.188 adopted to be effective July 5, 2004, 29 TexReg 6292; amended to be effective October 18, 2009, 34 TexReg 7080." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95180", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "K", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§5.241", "label": "Formal Hearing Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204321", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless specifically indicated, the Administrative Procedure Act (APA) applies to all Contested Cases involving matters under the jurisdiction of the Board.(b) The Rules of Procedure of the State Office of Administrative Hearings (SOAH) apply to formal hearings of Contested Cases conducted for the Board by a SOAH administrative law judge.", "sourceNote": "Source Note: The provisions of this §5.241 adopted to be effective July 7, 2002, 27 TexReg 5779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204321", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "K", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§5.242", "label": "Board Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95181", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall investigate Contested Case matters and attempt to resolve Contested Cases informally as provided in Subchapter I of this chapter (relating to Disciplinary Action). However, if a Contested Case is not settled informally pursuant to Subchapter I of this chapter, it shall be referred to SOAH for a formal hearing to determine whether there has been a violation of any of the statutory provisions or rules enforced by the Board.(b) A formal hearing shall be conducted in accordance with the Rules of Procedure of SOAH.(c) After a formal hearing of a Contested Case, the SOAH administrative law judge who conducted the formal hearing shall prepare a proposal for decision and submit it to the Board so that the Board may render a final decision with regard to the Contested Case. The proposal for decision shall include findings of fact and conclusions of law.(d) If a party submits proposed findings of fact or conclusions of law, the proposal for decision shall include a ruling on each proposed finding or conclusion.(e) Any party of record in a Contested Case may request an oral hearing before the Board. A request for an oral hearing shall be filed with the Board and copies shall be served on the administrative law judge and on all other parties in the same manner as for serving other documents in a Contested Case. The Board, in its sole discretion, shall determine whether to grant or deny a request for an oral hearing. If a request for an oral hearing is granted, each party of record shall be allotted 30 minutes to make an oral presentation to the Board. The oral presentation shall be confined to matters contained within the administrative record.(f) Upon the expiration of the time provided for the filing of exceptions and briefs or, if exceptions and briefs are filed, upon the 10th day following the time provided for the filing of replies to exceptions and briefs, the Board may render a decision to finally resolve a Contested Case. The Board may change a finding of fact or conclusion of law made by an administrative law judge or may vacate or modify an order issued by an administrative law judge only if the Board determines:(1) that the administrative law judge did not properly apply or interpret applicable law, agency rules, written policies, or prior administrative decisions;(2) that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or(3) that a technical error in a finding of fact should be changed.(g) If the Board makes a change to a finding of fact or conclusion of law or vacates or modifies an order pursuant to subsection (f) of this section, the Board must state in writing the specific reason and the legal basis for the change.(h) The Board shall issue a written order regarding the Board's decision to finally resolve a Contested Case that is not settled informally. The written order shall include findings of fact and conclusions of law that are based on the official record of the Contested Case. The written order may adopt by reference the findings of fact and conclusions of law made by an administrative law judge and included in the proposal for decision submitted to the Board.(i) Motions for rehearing and appeals may be filed and judicial review of final decisions of the Board may be sought pursuant to the Administrative Procedure Act. The party who appeals a final decision in a Contested Case shall be responsible for the cost of the preparation of the original or a certified copy of the record of the agency proceeding that is required to be sent to the reviewing court.(j) The Board and the administrative law judge who presides over the formal hearing in a Contested Case shall refer to the following guidelines to determine the appropriate penalty for a violation of any of the statutory provisions or rules enforced by the Board:Attached Graphic(k) The penalty for a violation of any of the statutory provisions or rules enforced by the Board may vary from the penalty recommended in subsection (j) of this section if justified by the circumstances of the matter or the disciplinary history of the respondent. If the Respondent has previously been subject to disciplinary action before the Board, more severe discipline may be imposed.(l) For any violation where revocation is recommended as an appropriate penalty for the violation, refusing to renew the respondent's certificate of registration also shall be an appropriate penalty for the violation.(m) If the Board or the administrative law judge determines that an administrative penalty is the appropriate sanction for a violation, the guidelines described in §5.187 of this title (relating to Administrative Penalty Schedule) shall be applied to determine the amount of the administrative penalty.", "sourceNote": "Source Note: The provisions of this §5.242 adopted to be effective September 19, 1996, 21 TexReg 8684; amended to be effective July 7, 2002, 27 TexReg 5780; amended to be effective July 5, 2004, 29 TexReg 6295; amended to be effective September 19, 2006, 31 TexReg 7997; amended to be effective June 13, 2010, 35 TexReg 4713; amended to be effective April 17, 2012, 37 TexReg 2638; amended to be effective November 23, 2014, 39 TexReg 9009; amended to be effective September 14, 2016, 41 TexReg 7103; amended to be effective April 1, 2021, 46 TexReg 1742." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95181", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "K", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§5.243", "label": "Application and Construction of Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146274", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) SOAH shall conduct formal hearings in accordance with the APA, the Rules of Procedure of SOAH, the Interior Designers' Registration Law, the Rules and Regulations of the Board, and case law, provided that:(1) an administrative law judge may, by order, modify the requirements of the Rules of Procedure of SOAH and supplement other procedural requirements of law to promote the fair and efficient handling of a Contested Case; and(2) an administrative law judge may modify the procedural requirements of the Rules of Procedure of SOAH in appropriate cases to facilitate resolution of issues if doing so does not prejudice any of a party's rights or contravene applicable statutes.(b) If there is any conflict between the Rules and Regulations of the Board or a prior decision of the Board and any of the statutory provisions applicable to a Contested Case, the statute controls.(c) Not all contested procedural issues may be susceptible to resolution by reference to the APA and other applicable statutes, the Rules of Procedure of SOAH, the Rules and Regulations of the Board, and case law. When they are not, the presiding administrative law judge shall consider the Texas Rules of Civil Procedure (TRCP) as interpreted and construed by Texas case law, and shall consider persuasive authority established in other forums in order to issue orders and rulings that are just in the circumstances of the Contested Case.", "sourceNote": "Source Note: The provisions of this §5.243 adopted to be effective July 7, 2002, 27 TexReg 5781." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146274", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "5", "label": "REGISTERED INTERIOR DESIGNERS" }, "subchapter": { "number": "K", "label": "HEARINGS--CONTESTED CASES" }, "rule": { "number": "§5.244", "label": "Suspension of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117553", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If suspension of a person's registration is the appropriate sanction for a violation of a statutory provision or rule enforced by the Board, the Board and the administrative law judge shall apply the following guidelines to determine whether the suspension will be active or probated:(1) The Board and the administrative law judge shall impose an active suspension upon a finding that the respondent:(A) violated a statutory provision or rule enforced by the Board that demonstrated gross negligence or recklessness, or the conduct posed a serious threat to the health or safety of the public;(B) violated a statutory provision or rule enforced by the Board which caused economic damage to property in excess of $1,000;(C) committed a violation of a statutory provision or rule enforced by the Board while the respondent's registration was on probated suspension;(D) has a sanction history including at least two findings by the Board that the respondent engaged in conduct for which the respondent's registration could have been suspended or revoked pursuant to §5.242 of this title (relating to Board Responsibilities); or(E) would likely engage in the practice of Interior Design in a manner that does not comply with a standard or practice normally followed by a reasonably prudent Registered Interior Designer under the same or similar circumstances.(2) In any case in which active suspension is not warranted, the suspension imposed by the Board shall be probated.(b) A person whose registration is under active suspension may not engage in the practice of Interior Design. A person whose registration is under active suspension may not Supervise and Control or have Responsible Charge over the practice of Interior Design by another.(c) The Board may impose any of the following terms and conditions upon the practice of a person whose registration is subject to a probated suspension:(1) monitoring of practice, including mandatory submission of information to the Board and random and unannounced visits by personnel of the Board to investigate compliance with the terms of the probated suspension;(2) directed continuing education on applicable subjects, including ethics training, in excess of the continuing education requirements applicable to all Registrants;(3) limitations on scope of practice;(4) mandatory Supervision and Control of practice by another Registered Interior Designer; and(5) successful completion of a rehabilitation program pursuant to §5.159 of this title (relating to Substance Abuse).(d) If a person violates the terms of a probated suspension of registration, the Board may:(1) prolong the period of probated suspension;(2) impose an active suspension of registration; or(3) impose additional terms and conditions upon the probated suspension.(e) If a person engages in the practice of Interior Design while the person's registration is subject to an active suspension, the Board may impose any or all of the following:(1) issue an order restraining any further practice by the person;(2) impose an administrative penalty;(3) impose an additional period of suspension; or(4) revoke the person's certificate of registration.(f) In addition to fulfilling the terms and conditions of a probated or active suspension of registration, a person must fulfill the requirements of §5.188 of this title (relating to Reinstatement Following Suspension or Revocation) in order to obtain reinstatement of the person's suspended certificate of registration.", "sourceNote": "Source Note: The provisions of this §5.244 adopted to be effective March 16, 2005, 30 TexReg 1448; amended to be effective June 13, 2010, 35 TexReg 4713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117553", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.1", "label": "Officers and Employees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117554", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As prescribed by law, the Governor shall appoint a Chairman, and the Board, appointed by the Governor, shall elect a Vice-Chairman and a Secretary-Treasurer. The Chairman shall hold office until replaced by the Governor. The Vice-Chairman and Secretary-Treasurer shall hold office until their successors have been elected.(b) The Board shall employ an executive director to conduct the affairs of the Board under the Board's direction. The executive director shall be responsible for hiring and managing additional staff as necessary to sustain the daily operations of the Board's office.(c) The Board shall be responsible for establishing an annual budget to govern the expenditure of funds received by the Board. All expenditures must comply with applicable statutory provisions and rules, including the most recently adopted rules of the Texas Building and Procurement Commission relating to Historically Underutilized Businesses.", "sourceNote": "Source Note: The provisions of this §7.1 adopted to be effective November 21, 2004, 29 TexReg 10509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117554", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.2", "label": "Division of Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117555", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the Board's policy to maintain separation between the policymaking responsibilities of the Board and the management responsibilities of the executive director and the staff of the Board.(b) The Board has the duty to exercise the legal authority delegated to it by the Legislature. The Board's responsibilities are:(1) the adoption of rules interpreting and implementing the Board's enabling legislation and other statutes that vests legislative authority in the Board;(2) disciplining Registrants according to statute;(3) imposing administrative penalties on unregistered persons pursuant to law;(4) bringing an action to enjoin a violation of the laws and rules enforced by the Board or to enforce a subpoena issued by the executive director;(5) addressing issues that relate to regulation of the professions under the Board's jurisdiction;(6) employing an executive director, evaluating the performance of the executive director, and setting a job description and compensation for the executive director; and(7) such other responsibilities stipulated by law.(c) The executive director is responsible for carrying out the business of the Board and the ministerial functions in implementing and enforcing the law. The responsibilities of the executive director are:(1) employing, directing, evaluating the performance of, and setting compensation for the staff;(2) directing the administrative functions in regulating the professions under the Board's jurisdiction, including the processing of applications for registration by the Board, monitoring of continuing education of Registrants, investigating alleged violations of the law enforced by the Board, recommending enforcement action to the Board, receiving and accounting for administrative fees and penalties, and all other management responsibilities;(3) issuing subpoenas to compel the production of information relevant to the investigation of an alleged violation of the laws enforced by the Board;(4) contracting for services and materials necessary to fulfill the requirements of the law as implemented by the Board;(5) providing administrative support and information to the Board as required for the Board to fulfill its policymaking responsibilities;(6) such other responsibilities that are necessary to fulfill duties delegated by the Board or the Chairman; and(7) such other responsibilities stipulated by law.", "sourceNote": "Source Note: The provisions of this §7.2 adopted to be effective November 21, 2004, 29 TexReg 10509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117555", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.3", "label": "Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117556", "queryAsDate": "03/11/2026" }, "ruleBody": "The Chairman may appoint members of the Board to serve on committees as necessary to conduct the business of the Board.", "sourceNote": "Source Note: The provisions of this §7.3 adopted to be effective November 21, 2004, 29 TexReg 10509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117556", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.4", "label": "Official Seal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150828", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board's official seal includes a border of two concentric circles around a five-pointed star, the outer circle resembling a rope and the inner circle resembling a chain. The words \"Texas Board of Architectural Examiners\" shall appear within the border between the two circles. This seal should not be confused with the seal to be affixed to documents by an architect, landscape architect, and an interior designer pursuant to §1.101, §3.101, and §5.111, respectively. The following is the official seal of the Board: Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.4 adopted to be effective November 21, 2004, 29 TexReg 10509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150828", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.5", "label": "Robert's Rules of Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117558", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless required otherwise by law or this chapter, Robert's Rules of Order shall be used in the conduct of the Board's meetings, subject to the following adaptations to the rules:(1) Agency personnel may introduce a matter on the Board's agenda, prior to a motion and a second, in order to put the matter before the Board;(2) A member of the Board, upon recognition by the Chair and without objection by another Board member, may ask agency personnel factual or technical questions about a matter before the Board, prior to a motion and second on the matter;(3) Upon request by a member of the Board or upon the Chair's prerogative, the Chair may recognize someone who is not a member of the Board to provide factual or technical data germane to the matter currently before the Board, subject to strict limitations on relevance and time. Upon motion by a member of the Board or upon the Chair's prerogative, the Chair may reclaim the floor at any time from a person who is not a Board member.", "sourceNote": "Source Note: The provisions of this §7.5 adopted to be effective November 21, 2004, 29 TexReg 10509; amended to be effective February 21, 2011, 36 TexReg 929." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117558", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.6", "label": "Procedures for Addressing the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177036", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall include \"public comment\" as a topic on the agenda for each regularly scheduled meeting of the Board.(b) During the \"public comment\" portion of a meeting, any member of the public may address the Board regarding any subject related to the business of the Board. Each member of the public shall be allotted five (5) minutes to make a presentation to the Board. The five-minute period may be extended at the Board's discretion.(c) Pursuant to Chapter 551, Texas Government Code, relating to open meetings, the Board may respond to an inquiry regarding a subject not listed on the agenda only with:(1) a statement of specific factual information in response to the inquiry; or(2) a recitation of existing policy in response to the inquiry.(d) Except as allowed by subsection (c) of this section, any deliberation of or decision about a subject not listed on the agenda shall be limited to a proposal to place the subject on the agenda for a subsequent meeting.", "sourceNote": "Source Note: The provisions of this §7.6 adopted to be effective November 21, 2004, 29 TexReg 10509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177036", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.7", "label": "Petitions for Rulemaking and Negotiated Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117560", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the policy of the Board to encourage public input and negotiation in the Board's rulemaking process.(b) A petition to initiate a rulemaking proceeding pursuant to §2001.021, Government Code, must be submitted to the Board's offices in writing. A petition must include:(1) a brief explanation of the proposed rule;(2) the full text of the proposed rule, and, if the petition is to modify an existing rule, the text of the proposed rule prepared in the same manner as an amendment to legislation that clearly identifies any words to be added or deleted from the existing text by underscoring added words and striking through words to be deleted;(3) a concise explanation of the legal authority to adopt the proposed rule, including a specific reference to the particular statute or other authority that authorizes it;(4) an explanation of how the proposed rule would protect life, health, property, and public welfare within the jurisdiction of the Board;(5) all available data or information showing a need for the proposed rule;(6) the identity of the petitioner and sufficient information to demonstrate eligibility to petition for rulemaking under subsection (c); and(7) such other information that the Board or the staff of the Board may request.(c) Eligibility to petition for rulemaking under subsection (b) shall be limited to:(1) a resident of this state;(2) a business entity located in this state(3) a governmental subdivision located in this state; or(4) a public or private organization located in this state that is not a state agency.(d) The Board may initiate a negotiated rulemaking process pursuant to Chapter 2008, Government Code, upon:(1) the filing of a petition to initiate the rulemaking proceeding under subsection (b) of this section;(2) the filing of a petition to initiate negotiated rulemaking proceeding with regard to a rule that has been proposed by the Board; or(3) a determination by the Board that negotiated rulemaking would be beneficial to the Board's consideration of a proposed rule.(e) The Board may select any method of negotiation specified in Chapter 2008, Government Code, including the appointment of a convener, a negotiated rule-making committee, and a facilitator. The Chairman shall make all appointments involved in the negotiated rule-making process.(f) The Board may adopt, amend, or refuse to adopt a rule created through the negotiated rulemaking process. The Board may not adopt any rule or any provision within a rule that the Board has no legal authority to adopt.", "sourceNote": "Source Note: The provisions of this §7.7 adopted to be effective November 21, 2004, 29 TexReg 10509; amended to be effective March 22, 2016, 41 TexReg 2164." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117560", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.8", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117561", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the Board's policy to encourage the resolution and early settlement of all disputed matters, internal and external, through voluntary settlement procedures.(b) The executive director shall designate at least one employee of the Board to serve as the Board's alternative dispute resolution coordinator to:(1) coordinate the implementation of the Board's alternative dispute resolution policies;(2) serve as a resource for any training needed to implement the procedures for negotiated rule-making or alternative dispute resolution; and(3) collect data concerning the effectiveness of these procedures, as implemented by the Board.(c) The Board, a respondent, the executive director, or any other party involved in an internal or external disputed matter may request that the matter be resolved through any manner of alternative dispute resolution specified in Chapter 154, Civil Practice and Remedies Code, including mediation, arbitration, and moderated settlement conferences, or through the appointment of an ombudsman. The parties may agree to follow the guidelines established by the State Office of Administrative Hearings relating to alternative dispute resolution, to the extent possible.(d) The allocation of the costs of alternative dispute resolution is subject to negotiation and agreement between the parties. In the absence of an agreement, the costs of alternative dispute resolution shall be allocated by the third-party mediator, moderator, arbitrator, or ombudsman.(e) Any resolution reached as a result of an alternative dispute resolution procedure is intended to be through the voluntary agreement of the parties. Any resolution that purports to bind the Board must be approved by the Board at a meeting subject to the Texas Open Meetings Act, Chapter 551, Government Code.(f) The Board is subject to the Texas Public Information Act, Chapter 552, Government Code. Any written record, communication, or other material is confidential only to the extent provided by law and subject to the exemptions provided in that Act.", "sourceNote": "Source Note: The provisions of this §7.8 adopted to be effective November 21, 2004, 29 TexReg 10509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117561", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.9", "label": "Procurement--Protests/Dispute Resolution/Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "182425", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the Board may file a formal protest with the Board's procurement director. A formal protest must be in writing and received by the procurement director within ten (10) business days after the aggrieved person knows or should have known of the occurrence of the action which is protested. The aggrieved person may mail or deliver copies of the protest to all vendors who have submitted bids or proposals for the contract at issue.(b) In the event of a timely protest or appeal filed pursuant to this section, the Board may not proceed further with the solicitation or with the award of the contract unless the executive director, after consultation with the procurement director, makes a written determination that the award of contract without delay is necessary to protect the best interests of the state.(c) A formal protest must be sworn and include:(1) an identification of the specific statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;(3) a precise statement of relevant facts;(4) an identification of the issues to be resolved;(5) argument and authorities in support of the protest; and(6) a notation stating whether copies of the protest have been mailed or delivered to all other vendors who have submitted bids or proposals for the contract at issue.(d) The procurement director is authorized, prior to appeal to the executive director, to settle and resolve the dispute concerning the solicitation or the award of a contract. The procurement director may solicit responses to the protest from other interested parties.(e) If the protest is not resolved by mutual agreement, the procurement director shall issue a written determination of the protest.(f) The procurement director shall send written notice of the determination of the protest to the aggrieved party and to other vendors who submitted bids or proposals for the contract. The procurement director's determination shall set out the reasons for the determination and appropriate remedial action, if any, which may include ordering the contract at issue in the protest void. The procurement director shall confer with the Board's general counsel prior to issuing a written determination of a protest.(g) The protesting party may appeal the procurement director's determination of the protest to the executive director of the Board. The appeal must be written and received in the executive director's office no later than ten (10) business days after the date of the procurement director's determination. The appeal shall be limited to a review of the determination. The protesting party may mail or deliver copies of the appeal to each other vendor who submitted bids or proposals on the contract at issue. If applicable, the appeal must include a certified statement that copies have been sent to the other vendors.(h) The executive director may confer with general counsel in reviewing the appeal of the protest. The executive director may:(1) issue a written decision on the protest, or(2) refer the appeal to the Board for resolution.(i) If the executive director refers the appeal to the Board, a copy of the appeal, the procurement director's determination of the appeal, and copies of statements or correspondence, if any, from other vendors must be submitted to the Board. The Board may issue a final order on any appeal referred to the Board.(j) A written decision issued by either the Board or the executive director shall be the final administrative action of the Board.(k) Protests and appeals that are not timely filed will not be considered, unless good cause is established or the procurement director determines that the protest or appeal raises issues significant to the agency's procurement practices or procedures.", "sourceNote": "Source Note: The provisions of this §7.9 adopted to be effective November 21, 2004, 29 TexReg 10509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "182425", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.10", "label": "General Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184757", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) FAILURE TO TIMELY PAY A REGISTRATION RENEWAL WILL RESULT IN THE AUTOMATIC CANCELLATION OF REGISTRATION BY OPERATION OF LAW.(b) The following fees shall apply to services provided by the Board in addition to any fee established elsewhere by the rules and regulations of the Board or by Texas law. Attached Graphic(c) As authorized under §1051.355 and §1051.651 of the Texas Occupations Code, the fee schedule in subsection (b) includes a $3 fee to be collected from each Texas resident who renews an active or inactive registration as an architect, to fund the examination fee scholarship program under §1051.653, Texas Occupations Code.(d) Applicants and registrants who submit payments online through Texas.gov will be subject to convenience fees set by the Department of Information Resources in addition to the fees listed in subsection (b).(e) The Board cannot accept cash as payment for any fee.(f) An official postmark from the U.S. Postal Service or other delivery service receipt may be presented to the Board to demonstrate the timely payment of any fee.(g) If a check is submitted to the Board to pay a fee and the bank upon which the check is drawn refuses to pay the check due to insufficient funds, errors in routing, or bank account number, the fee shall be considered unpaid and any applicable late fees or other penalties accrue. The Board shall impose a processing fee for any check that is returned unpaid by the bank upon which the check is drawn.(h) Payment of fees for a military service member, military veteran, or military spouse.(1) In this subsection, the terms \"military service member,\" \"military veteran,\" and \"military spouse\" shall have the meanings defined in §§1.29, 3.29, and 5.39 of the Board Rules.(2) A military service member who is a registrant in Good Standing or was in Good Standing at the time the Registrant entered into military service shall be exempt from the payment of any fee during any period of active duty service. The exemption under this subsection shall continue through the remainder of the fiscal year during which the Registrant's active duty status expires.(3) A military service member or military veteran whose military service, training, or education substantially meets all requirements of a license shall be exempt from payment of license application and examination fees paid to the state.(4) A military service member, military veteran or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for registration in this state shall be exempt from payment of license application and examination fees paid to the state.", "sourceNote": "Source Note: The provisions of this §7.10 adopted to be effective November 21, 2004, 29 TexReg 10509; amended to be effective October 9, 2005, 30 TexReg 6431; amended to be effective July 18, 2007, 32 TexReg 4397; amended to be effective September 1, 2008, 33 TexReg 7217; amended to be effective December 29, 2009, 34 TexReg 9444; amended to be effective September 11, 2011, 36 TexReg 5688; amended to be effective April 17, 2012, 37 TexReg 2638; amended to be effective September 18, 2013, 38 TexReg 6040; amended to be effective September 21, 2015, 40 TexReg 6351; amended to be effective March 22, 2016, 41 TexReg 2164; amended to be effective January 1, 2017, 41 TexReg 10333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184757", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.11", "label": "Enhanced Contract and Performance Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177038", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board will complete a risk assessment to identify procurement contracts for goods or services from a private vendor that require enhanced contract or performance monitoring.(b) For all contracts with a value greater than $25,000, the finance manager will complete a risk assessment to evaluate whether enhanced contract or performance monitoring may be required. For contracts of a lesser value, the finance manager may complete a risk assessment to evaluate whether enhanced contract or performance monitoring is indicated. The risk assessment may consider the following factors:(1) total cost of the contract, including contract renewals;(2) risk of loss to the agency under the contract;(3) risk of fraud, waste or abuse;(4) scope of the goods or services provided;(5) availability of agency resources;(6) complexity of the contract;(7) business process impact of failure or delay;(8) vendor past performance; and(9) whether the vendor is a foreign or domestic person or entity.(c) Contracts identified for enhanced contract and/or performance monitoring will be reported to the Board at the first regular Board meeting after the contract is executed. The report shall include:(1) the basis for the determination that enhanced contract or performance monitoring is appropriate;(2) any serious issues or risks identified with the contract, if applicable; and(3) the plan for carrying out the enhanced contract or performance monitoring.(d) For any contract subject to enhanced contract or performance monitoring, the finance manager shall provide the Board with progress reports, as directed by the Board.(e) This section does not apply to a memorandum of understanding, interagency contract, interlocal agreement, or contract for which there is not a cost.", "sourceNote": "Source Note: The provisions of this §7.11 adopted to be effective July 2, 2017, 42 TexReg 3373." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177038", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "1", "label": "TEXAS BOARD OF ARCHITECTURAL EXAMINERS" }, "chapter": { "number": "7", "label": "ADMINISTRATION" }, "rule": { "number": "§7.15", "label": "Employee Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198728", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall adopt policies and procedures relating to training and education of administrators and employees under Chapter 656 of the Texas Government Code. Such policies shall address the following matters:(1) the eligibility of the agency's administrators and employees for training and education supported by the agency; and(2) the obligations assumed by the administrators and employees on receiving the training and education.(b) Reimbursement of tuition or other expenses incurred by an administrator or employee related to a training or education program offered by an institution of higher education or private or independent institution of higher education shall not occur unless:(1) Eligibility requirements contained in the Board's policies and procedures have been satisfied;(2) The program course is completed successfully by the administrator or employee at an accredited institution of higher education; and(3) The reimbursement is authorized by the Executive Director.", "sourceNote": "Source Note: The provisions of this §7.15 adopted to be effective March 22, 2016, 41 TexReg 2165." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198728", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "71", "label": "RULEMAKING" }, "rule": { "number": "§71.1", "label": "Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199921", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may request the Board adopt a rule.(b) A person shall make a request in writing and deliver it to the Board's offices.(c) A request shall include:(1) the person's name and contact information;(2) the proposed rule's language;(3) a statement whether the requested rule conflicts with any existing rule, statute, or judicial opinion; and(4) a statement of the proposed rule's purpose.(d) The Rules Committee shall consider a request within 30 days after receipt.(e) The Rules Committee may request additional information from the person.(f) If the Rules Committee denies a request, the person may ask to appear before the Board to appeal the decision.(g) If the Rules Committee approves a request, that approval constitutes initiation of formal Board rulemaking.(h) The Board's decision to approve or deny a request is final.(i) If the Rules Committee or the Board denies a request, it shall state its reasons in writing.", "sourceNote": "Source Note: The provisions of this §71.1 adopted to be effective March 12, 2020, 45 TexReg 1710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199921", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.1", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199725", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Current Board fees:(1) License application -- $200 (includes online jurisprudence education course)(2) Initially issued license -- $10 - $120 (prorated)(3) Biennial license renewal -- $300(4) Late license renewal:(A) Less than 90 days -- $450(B) 90 days up to 1 year - $600(C) 1 year to 3 years -- calculated (only for good cause)(5) Reinstatement -- $145(6) Inactive status request -- $0(7) Renewal from inactive -- $300(8) Duplicate wall certificate -- $25(9) Duplicate pocket certificate -- $10(10) College faculty license -- $75(11) College faculty license renewal -- $75(12) Online jurisprudence exam -- $150(13) Repeat jurisprudence exam -- $250 ($100 to the Board, $150 to vendor)(14) Jurisprudence education course -- $55(16) Letter of good standing -- $25(17) Criminal history eligibility letter -- $150(18) Continuing education course approval -- $100(19) Returned check -- $25(b) Fees for a returned check may only be paid by cashier's check, certified check, money order, or online.(c) All other fees may be paid by cashier's check, certified check, money order, personal or company check, or online.(d) All payments shall be made out to the Texas Board of Chiropractic Examiners.(e) No checks from foreign financial institutions will be accepted.(f) Any fees paid will first be applied to any outstanding fees, previously assessed costs, or penalties owed to the Board.", "sourceNote": "Source Note: The provisions of this §72.1 adopted to be effective November 1, 2019, 44 TexReg 5618; transferred effective July 15, 2020, as published in the Texas Register June 26, 2020, 45 TexReg 4369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199725", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.2", "label": "License Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210855", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual wishing to practice chiropractic, and who is not otherwise licensed under law, must successfully pass an examination.(b) An individual seeking a license shall submit an application to the Board.(c) An individual shall verify by affidavit the information contained in the application.(d) An individual shall submit the required fee with the application.(e) An individual shall submit an application in the format currently prescribed by the Board on the Board's website.(f) Within 30 days of receiving an individual's complete application, supporting materials, and fee, the Board shall notify the individual of the individual's qualification to take the jurisprudence examination.(g) Submitting an application and fee to the Board does not obligate the Board to license an individual until the Board approves the individual as meeting all requirements for a license.(h) The Board may deny any individual who provides false information on a license application.(i) The Board may revoke or suspend the license of any individual who provides false information on a license application if the false information is discovered after the individual was granted a Texas license.(j) The Board may deny an individual's application for any violation of Texas Occupations Code §201.502.(k) If allowed by law, the Board shall waive the license application and examination fees for an individual who is a military member or veteran whose military service, training, or education substantially meets the requirements for a license.", "sourceNote": "Source Note: The provisions of this §72.2 adopted to be effective June 30, 2020, 45 TexReg 4019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210855", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.3", "label": "Qualifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215687", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual applying for a chiropractic license shall comply with all application and license requirements in Texas Occupations Code Chapter 201.(b) An individual, who was admitted to study chiropractic with academic credit from a United States institution, shall submit proof of earning at least 90 credit hours from a nationally accredited institution whose hours are transferrable to the University of Texas at Austin, not including courses included in a doctor of chiropractic degree program.(c) An individual applying for a license must present proof of graduation from a chiropractic college accredited by an educational accrediting body that is a member of the Councils on Chiropractic Education International (CCE) or the Council on Chiropractic Education International (CCEI).(d) A chiropractic college shall inform each student when admitted the possible limitations of practice location and licensing.(e) A chiropractic college shall document in each student's file how the student was judged qualified for admission.", "sourceNote": "Source Note: The provisions of this §72.3 adopted to be effective June 30, 2020, 45 TexReg 4020; amended to be effective November 24, 2022, 47 TexReg 7682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215687", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.5", "label": "Approved Schools and Colleges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200114", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A \"chiropractic school\" means a school accredited by an educational accrediting body that is a member of the Council on Chiropractic Education (CCE) or the Council on Chiropractic Education International (CCEI).(b) The Board may annually review and approve chiropractic schools whose graduates are eligible for examination.", "sourceNote": "Source Note: The provisions of this §72.5 adopted to be effective December 3, 2023, 48 TexReg 7045." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200114", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.6", "label": "National Board Exam Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200115", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual applying for a license shall take Parts I, II, III, IV and Physiotherapy of the National Board Examination with a passing score of 375 for each part.(b) An individual shall request the National Board send directly to the Board a true copy of the results of each part of the National Board examination.", "sourceNote": "Source Note: The provisions of this §72.6 adopted to be effective June 30, 2020, 45 TexReg 4021." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200115", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.7", "label": "Jurisprudence Exam Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198729", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual applying for a license shall take the Board's jurisprudence examination with a passing score of 75%.(b) An individual may not take the jurisprudence examination unless the individual complies with the licensing requirements in Texas Occupations Code Chapter 201 and Board rules.(c) The jurisprudence examination shall test an individual on the law and Board rules governing the practice of chiropractic.(d) All jurisprudence examinations shall be conducted in English.(e) An individual may not take the jurisprudence examination unless the individual has first completed all required parts of the National Board Examination.(f) Jurisprudence examination results are Board property.(g) The Board or its agent shall retain all jurisprudence examination results for one year after final grading.(h) An individual may request in writing an analysis of the individual's results.(i) The Board's determination of examination matters, including grades, is final.(j) The Board shall permit an individual who fails the jurisprudence examination to take subsequent examinations if the individual applies for reexamination and pays the required fee.(k) An individual may take the jurisprudence examination as many times as required.", "sourceNote": "Source Note: The provisions of this §72.7 adopted to be effective June 30, 2020, 45 TexReg 4022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198729", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.10", "label": "Appealing a Denied Application or Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199730", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual whose license or permit application has been denied by the Board may request a hearing be held by the State Office of Administrative Hearings (SOAH).(b) An individual shall ask for a hearing by filing a request in writing to the Board within 30 days of receiving notice of the application or permit denial.(c) A written request for a hearing shall include the legal and factual basis for seeking to overturn the Board's denial of the application or permit.(d) The Board shall deny any request for a hearing not timely received.(e) The Board shall file a docket request for a SOAH hearing within 10 days.(f) The Board shall give notice of the hearing date, time, and location to a denied individual at least 10 days before the hearing.(g) A hearing under this section shall be conducted under Texas Government Code Chapter 2001 and SOAH rules.", "sourceNote": "Source Note: The provisions of this §72.10 adopted to be effective March 12, 2020, 45 TexReg 1711." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199730", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.11", "label": "Temporary Faculty License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198730", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual seeking a temporary faculty license shall submit an application and fee to the Board before beginning work at the sponsoring chiropractic school.(b) The dean or president of the individual's sponsoring school shall endorse the application for a temporary faculty license on behalf of the individual.(c) An individual applying for a temporary faculty license shall comply with the requirements of Texas Occupations Code §201.308.(d) An individual holding a temporary faculty license may either apply for a renewal of the license or apply for a permanent license.(e) An individual applying for renewal of a temporary license or for a permanent license may continue to practice under an expired temporary faculty license while the Board evaluates the application and while waiting for examination results.", "sourceNote": "Source Note: The provisions of this §72.11 adopted to be effective June 30, 2020, 45 TexReg 4023." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198730", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.12", "label": "Criminal History Evaluation Letters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193399", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual enrolled in or planning to enroll in chiropractic school who believes the individual may be ineligible for a license due to a conviction or deferred adjudication for a felony or misdemeanor offense may request a criminal history evaluation letter from the Board.(b) An individual requesting a letter shall submit:(1) a completed request form;(2) a statement of the basis for the possible ineligibility;(3) the required fee;(4) official copies of court documentation of the conviction or deferred adjudication; and(5) a statement by the vendor submitting the individual's fingerprints to the Texas Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI) that the individual requested a criminal history report be submitted to the Board.(c) The Board may request additional information from an individual to complete the evaluation.(d) An individual shall timely respond to requests for additional information.(e) The Board shall issue a letter with the Board's determination within 90 days of the final receipt of the items in subsection (b) and the criminal history report.(f) In the letter, the Board shall state either that the individual is eligible or ineligible for a license.(g) If it determines the individual is ineligible, the Board shall state the grounds for the ineligibility.(h) The Board shall state in an evaluation letter that the Board's determination is limited to the law in effect and the facts known on the date the letter is issued.", "sourceNote": "Source Note: The provisions of this §72.12 adopted to be effective March 12, 2020, 45 TexReg 1711." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193399", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.13", "label": "Required Change of Address, Email Address, and Telephone" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201026", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall maintain a current physical home and business address with the Board. Additional mailing addresses may be provided. A licensee shall notify the Board in writing of a change within 30 days. The notification shall clearly identify the licensee, the address to be changed, the license number associated with the address, and shall be signed.(b) A licensee shall maintain a current telephone number with the Board. A licensee shall notify the Board in writing of a change within 30 days. The notification must identify the licensee and include the license number.(c) A licensee shall maintain a current electronic mail address with the Board. A licensee shall notify the Board in writing of change of electronic mail address within 30 days. The notification must identify the licensee and include the license number.", "sourceNote": "Source Note: The provisions of this §72.13 adopted to be effective January 29, 2015, 40 TexReg 379; amended to be effective September 1, 2016, 41 TexReg 1837; amended to be effective November 28, 2018, 43 TexReg 7683; transferred effective January 1, 2019, as published in the Texas Register December 14, 2018, 43 TexReg 8153." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201026", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.14", "label": "License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201242", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall renew a license every two years on or before the first day of the licensee's birth month.(b) A licensee may submit a license renewal application no sooner than 60 days before the first day of the licensee's birth month of the licensee's renewal year.(c) To renew a license, a licensee shall submit to the Board the license renewal form and the renewal fee.(d) The Board may not consider a renewal application that is incomplete.(e) A licensee who fails to renew a license under subsection (a) of this section shall be considered by the Board as practicing without a license and subject to disciplinary action.(f) A licensee may apply for inactive status before the licensee's renewal deadline.(g) An individual with a license that has been expired for less than one year may renew a license by complying with subsection (a) of this section and paying the applicable late fee.(h) An individual with a license that has been expired for one year or longer may not renew a license but may obtain a new license by completing all requirements for obtaining an initial license.(i) For a license that has been expired for one year but not more than three years, the Board may waive subsection (h) of this section if the individual can show evidence of good cause satisfactory to the Board and by paying all applicable late fees.(j) The Board shall grant a military service member who holds a license an additional two years to complete any continuing education requirements and any other requirements related to the renewal of the license, including any late fees.", "sourceNote": "Source Note: The provisions of this §72.14 adopted to be effective September 10, 2020, 45 TexReg 6230." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201242", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.15", "label": "Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199731", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual licensed to practice chiropractic in another state, the District of Columbia, or a United States territory may provide chiropractic services in Texas for no more than 30 days within a calendar year under a temporary license.(b) An individual seeking a temporary license shall hold an active unrestricted license, without any pending disciplinary action, in another state, the District of Columbia, or United States territory.(c) An individual seeking a temporary license shall apply to the Board at least 14 days before the date work in Texas will begin.(d) An individual shall submit with the application:(1) a copy of the individual's active license with a signed statement from the individual that the individual holds an active unrestricted license without any pending disciplinary action in that or any other jurisdiction;(2) a description of where and when chiropractic services are to be performed, the type of services, and a general description of the individuals who will receive those services; and(3) the name of the business entity, person, or event with which the individual will be associated or will be employed by while working under the temporary license.(e) An individual granted a temporary license may not provide chiropractic services to the general public.(f) An individual granted a temporary license shall comply with Texas Occupations Code Chapter 201 and Board rules and practice only within the scope of practice in Texas.(g) An individual granted a temporary license who violates Texas Occupations Code Chapter 201 or Board rules is subject to disciplinary action.(h) This section does not apply to individuals residing in Texas, establishing residence in Texas, or seeking to practice under a regular Board-issued license.", "sourceNote": "Source Note: The provisions of this §72.15 adopted to be effective September 13, 2020, 45 TexReg 6231." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199731", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.16", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199732", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On or before a licensee's renewal date, a licensee not currently practicing chiropractic may renew the license and request it be placed on inactive status.(b) To continue on inactive status and maintain a valid license, an inactive licensee shall renew the license and make a new request for inactive status each renewal period.(c) An inactive licensee is not required to complete continuing education.(d) To place a license on inactive status at a time other than license renewal, a licensee shall:(1) return the current renewal certificate to the Board; and(2) submit a sworn statement stating the licensee may not practice chiropractic in Texas while the license is inactive, and the date the license is to be inactive.(e) To reactivate a license which has been inactive for less than 6 years, a licensee shall:(1) apply to the Board for active status;(2) submit verification of completing continuing education courses for the hours that would have been required for renewal of a license; and(3) pay the fee.(f) Continuing education earned in the calendar year before a licensee applies for reactivation may be applied to the continuing education requirement.(g) A licensee who has been inactive 6 years or more may be reactivated only after passing the National Board of Examination's Part IV or receiving a minimum score of 375 on the National Board of Chiropractic Examiners' SPEC exam, and the Board's jurisprudence exam.(h) The Board may exempt a licensee who has been inactive more than 6 years from subsection (g) of this section if the licensee held an active unrestricted license in good standing in another state or foreign jurisdiction.(i) A licensee may not maintain an inactive license for more than twenty years.(j) A licensee practicing chiropractic in Texas while inactive is practicing without a license and is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §72.16 adopted to be effective June 30, 2020, 45 TexReg 4023." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199732", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.17", "label": "Retired Chiropractor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207041", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee in good standing may apply for retired status.(b) A retired chiropractor may continue to practice by providing chiropractic services only to indigents, medically underserved areas, or disaster relief organizations for no compensation.(c) A licensee applying for retired status shall submit to the Board a sworn statement that the licensee's practice:(1) does not include services for any compensation; and(2) complies with Texas Occupations Code Chapter 201 and Board rules.(d) A retired licensee shall be exempt from the active license fee.(e) A retired licensee section shall comply with all continuing education requirements of a licensee with an active license.(f) A retired licensee shall comply with the requirements for an active license before returning to active status.(g) A retired licensee shall use the term \"DC - retired\" or similar language to make clear to the public that the retired licensee does not hold an active license.(h) A retired licensee who violates this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §72.17 adopted to be effective June 30, 2020, 45 TexReg 4024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207041", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.18", "label": "Criminal History" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may suspend or revoke a current license or refuse to approve an applicant to sit for the jurisprudence examination because of the licensee's or applicant's conviction of an offense that directly relates to the practice of chiropractic.(b) The Board shall revoke a license upon a licensee's imprisonment following a felony conviction or revocation of felony community supervision, parole, or mandatory supervision.(c) An individual in prison is not eligible for a license.(d) An individual in prison with a verifiable release date from prison of three months or less may submit an application for a license.(e) The Board shall consider the following to determine whether a criminal conviction directly relates to the occupation of chiropractic:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the practice of chiropractic; and(3) if a license might reasonably lead to a repeat of the crime.(f) The Board shall also determine an applicant's fitness to become a licensed chiropractor by considering:(1) the extent and nature of the applicant's past criminal activity;(2) the age at the time of the crime;(3) the time since the crime occurred;(4) the applicant's personal and work conduct after the crime;(5) evidence of the applicant's rehabilitation while incarcerated and after release; and(6) other evidence of fitness for a license, including recommendation letters from prosecutors, law enforcement, or correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant, the sheriff or chief of police where the applicant lives, or any other person familiar with the applicant.(g) The Board shall notify an individual whose application has been denied or license revoked or suspended of the procedures for appealing the Board's decision.(h) The Board may delegate to the executive director the authority to consider an applicant's minor criminal convictions.", "sourceNote": "Source Note: The provisions of this §72.18 adopted to be effective December 9, 2021, 46 TexReg 8251." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207042", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.19", "label": "Requirement to Report a Conviction or Deferred Adjudication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199738", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant shall disclose in writing to the Board any prior conviction or deferred adjudication (other than a Class C misdemeanor traffic violation) at the time of application.(b) An applicant or licensee shall disclose in writing to the Board any new conviction or deferred adjudication (other than a Class C misdemeanor traffic violation) no later than 30 days after the trial court's judgment.(c) An applicant or licensee shall submit certified copies of any indictment or information and the court's judgment to the Board.(d) On notification by an applicant or licensee of a new conviction or deferred adjudication, the Board may request the applicant or licensee explain in writing why the Board should not deny the application or take disciplinary action against the license.", "sourceNote": "Source Note: The provisions of this §72.19 adopted to be effective December 9, 2021, 46 TexReg 8251." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199738", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.20", "label": "Requirements for Applicants Licensed in Another Jurisdiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual licensed in another jurisdiction may apply for a Texas license if:(1) the individual's license is currently in good standing in the other jurisdiction;(2) the other jurisdiction's licensing requirements are substantially similar to Texas Occupations Code Chapter 201;(3) the individual passed the National Board of Chiropractic Examiners examination parts I, II, III, IV, and physiotherapy or the National Board of Chiropractic Examiners SPEC examination with a grade of 375 or better; and(4) the individual practiced as a chiropractor or as an educator at a Council on Chiropractic Education accredited school for three years before applying for a Texas license.(b) An individual currently licensed in another jurisdiction may not apply for a Texas license if the individual is under investigation in any jurisdiction where licensed.(c) An individual currently licensed in another jurisdiction seeking a Texas license shall submit an application containing the required information in subsection (a) of this section and the required fee.(d) An individual must pass the Texas jurisprudence examination with a grade of 75% or better.", "sourceNote": "Source Note: The provisions of this §72.20 adopted to be effective June 30, 2020, 45 TexReg 4025." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217018", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.21", "label": "Requirements for Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217019", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to an individual who is the spouse of an active duty member of the United States armed forces (military member).(b) This section states licensing requirements established under Texas Occupations Code Chapter 55 (Licensing of Military Service Members, Military Veterans, and Military Spouses); this section does not modify any rights provided under federal law.(c) The spouse of a military member may obtain a Texas license from the Board by other than the process required by §72.2 of this title (relating to License Application) or have a license from another jurisdiction recognized by the Board in one of four ways:(1) The spouse of a military member may be issued a license to practice chiropractic in Texas if the spouse is currently licensed in good standing in a jurisdiction with licensing requirements substantially similar to Texas Occupations Code Chapter 201.(A) Before issuing a license to practice chiropractic under paragraph (1) of this subsection, the spouse of a military member shall provide to the Board:(i) written notification of the intent to practice chiropractic in Texas; and(ii) proof of residency in Texas, including the military member's permanent change of duty station orders.(B) Not later than the 10th day after the spouse of a military member provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall verify if the spouse is licensed in good standing in another jurisdiction.(C) Not later than the 30th day after the spouse of a military member provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall issue a license if the information satisfies the Board.(D) If the Board approves a license under subparagraph (A) of this paragraph, the license shall be valid for a period the same as any biennial license or 12 months from the date of issuance, whichever is longer.(2) The Board may issue a license to the spouse of a military member who previously held a Texas license that expired while the spouse and the military member lived in another state within the five years preceding the new application date, and who currently holds a license in good standing in a jurisdiction with substantially similar licensing requirements to Texas Occupations Code Chapter 201. The spouse of a military member seeking a license under this subsection shall comply with the application requirements of §77.2.(3) The spouse of a military member who has never held a license in Texas or any other jurisdiction may apply for a license by showing professional competency by other means (other than examination results), to the satisfaction of the executive director, through verified military service, training, or education.(4) The spouse of a military member may practice chiropractic in Texas without obtaining a license from the Board if the spouse currently holds a license in good standing from another jurisdiction with licensing requirements substantially similar to those in Texas Occupations Code Chapter 201.(A) The spouse of a military member seeking to practice chiropractic in Texas under paragraph (4) of this subsection shall provide the Board with:(i) written notification of the intent to practice chiropractic in Texas; and(ii) proof of residency in Texas, including the military member's permanent change of duty station orders; and(iii) a copy of the military member's current military identification card.(B) Not later than the 30th day after the spouse of a military member provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall notify the spouse of the spouse's authority to practice chiropractic in Texas.(C) The spouse of a military member who practices chiropractic under subparagraph (A) of this paragraph may do so only for the time the military member is permanently stationed in Texas but not to exceed three years.(D) In the event of a divorce or a similar event, the spouse may continue to practice chiropractic in Texas under subparagraph (A) of this paragraph until the third anniversary of the date the spouse received the confirmation described in subparagraph (B) of this paragraph.(d) The Board shall notify in writing all holders of licenses issued under this section of the requirements to renew the license with the Board.(e) The spouse of a military member practicing in Texas under this section shall comply with all statutes and Board rules relating to chiropractic practice and are subject to disciplinary action by the Board.(f) The Board shall exempt the spouse of a military member eligible for a license or the authority to practice under this section from application and exam fees.(g) The spouse of a military member seeking a license or the authority to practice under this section shall undergo a criminal history background check.(h) The Board shall maintain and update a list of jurisdictions with substantially similar licensing requirements as Texas Occupations Code Chapter 201.(i) If the Board administratively denies an application for a license or the authority to practice under this section, an applicant may appeal the decision to the full Board.(j) If the full Board denies an application for a license or the authority to practice under this section, the applicant may request a hearing at the State Office of Administrative Hearings.", "sourceNote": "Source Note: The provisions of this §72.21 adopted to be effective March 21, 2024, 49 TexReg 1709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217019", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "72", "label": "BOARD FEES, LICENSE APPLICATIONS, AND RENEWALS" }, "rule": { "number": "§72.22", "label": "Requirements for Military Members and Veterans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199736", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to an individual who is an active duty member of the United States armed forces (military member) or a veteran.(b) This section states licensing requirements established under Texas Occupations Code Chapter 55 (Licensing of Military Service Members, Military Veterans, and Military Spouses); this section does not modify any rights provided under federal law.(c) A military member may obtain a Texas license from the Board by other than the process required by §72.2 of this title (relating to License Application) or have a license from another jurisdiction recognized by the Board in one of four ways.(1) A military member or veteran may be issued a license to practice chiropractic in Texas if the military member or veteran is currently licensed in good standing in a jurisdiction with licensing requirements substantially similar to Texas Occupations Code Chapter 201.(A) Before practicing chiropractic under paragraph (1) of this subsection, a military member or veteran shall provide to the Board:(i) written notification of the intent to practice chiropractic in Texas; and(ii) proof of residency in Texas, including the member's permanent change of duty station orders.(B) Not later than the 10th day after a military member or veteran provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall verify if the military member or veteran is licensed in good standing in another jurisdiction.(C) Not later than the 30th day after a military member or veteran provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall issue a license if the information satisfies the Board.(D) If the Board approves a license under subsection (c) of this section, the license shall be valid for a period the same as any biennial license or 12 months from the date of issuance, whichever is longer.(2) The Board may issue a license to a military member or veteran who previously held a Texas license that expired while the military member or veteran lived in another state for at least six months within the five years preceding the application date and the military. A military member or veteran seeking a license under this subsection shall comply with the application requirements of §77.2.(3) A military member or veteran who has never held a license in Texas or any other jurisdiction may apply for a license by showing professional competency by other means (other than examination results), to the satisfaction of the executive director, through verified military service, training, or education.(4) A military member only may practice chiropractic in Texas without obtaining a license from the Board if the military member currently holds a license in good standing from another jurisdiction with licensing requirements substantially similar to those in Texas Occupations Code Chapter 201.(A) A military member seeking the authority to practice chiropractic in Texas under paragraph (4) of this subsection shall provide the Board with:(i) written notification of the intent to practice chiropractic in Texas; and(ii) proof of residency in Texas, including the member's permanent change of duty station orders; and(iii) a copy of the military member's current active duty military identification card.(B) Not later than the 30th day after a military member provides the Board with the information required under subparagraph (A) of this paragraph, the Board shall notify the military member that the member has the authority to practice chiropractic in Texas.(d) The Board shall notify in writing all holders of licenses issued under this section of the requirements to renew the license with the Board.(e) The Board shall maintain and update a list of jurisdictions with substantially similar licensing requirements as Texas Occupations Code Chapter 201.(f) The Board shall exempt a military member or veteran eligible for a license under this section from application and exam fees.(g) The Board shall exempt a military member or veteran from any fee or penalty for failing to timely renew a license if the failure was due to active duty military service.(h) A military member or veteran seeking a license or authority to practice under this section shall undergo a criminal history background check.(i) A military member or veteran practicing in Texas under this section shall comply with all statutes and Board rules relating to chiropractic practice and is subject to disciplinary action by the Board.(j) If the Board administratively denies an application for a license under subsection (c) of this section, an applicant may appeal the decision to the full Board.(k) If the full Board denies an application for a license under subsection (c) of this section, the applicant may request a hearing at the State Office of Administrative Hearings.", "sourceNote": "Source Note: The provisions of this §72.22 adopted to be effective March 21, 2024, 49 TexReg 1711." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199736", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "73", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§73.1", "label": "Continuing Education Requirements for Licensees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213713", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Live format\" means any education course that is not pre-recorded and is presented in real time through an interactive medium such as a live webinar, an in-person training event, or telephone conference.(b) \"Online course\" means any pre-recorded or live format education course that is delivered through the internet.(c) A licensee may only take up to 10 hours of online courses that are not live format each year.(d) A licensee shall complete 16 hours of continuing education each year unless a licensee is exempt under subsection (q) of this section.(e) A licensee's reporting year shall begin on the first day of the month in which the licensee's birthday occurs.(f) A licensee shall complete the 16 hours of continuing education through any Board-approved course or seminar elected by the licensee.(g) A licensee shall attend any course designated as a \"Board Required Course\" in a live format.(h) As part of the 16 annual required hours of continuing education, a licensee shall complete a minimum of 4 hours of Board-required courses, which include 3 hours relating to the Board's rules, code of ethics, and documenting.(i) A licensee shall complete a minimum of 1 hour of the 16 annual required hours on chiropractic practice risk management.(j) A licensee who was first licensed on or after September 1, 2012, shall complete at least 8 hours of continuing education in coding and documentation for Medicare claims no later than the licensee's second renewal period.(k) A licensee may count the 8 hours in coding and documentation for Medicare claims as part of the 16 continuing education hours required during the year in which the 8 hours were completed.(l) If a licensee is unable to take an online course, the licensee shall submit a request to the Board for special accommodations.(m) At the Board's request, a licensee shall submit written verification from each continuing education course sponsor of the licensee's completion of each course used to fulfill the required hours for all years requested.(n) The Board shall consider the failure to submit verification under subsection (n) of this section as failing to meet continuing education requirements.(o) The following are exempt from the requirements of this section:(1) a licensee who holds an inactive license;(2) a licensee who is a military member, veteran, or military spouse during part of the 12 months immediately preceding the annual license renewal date;(3) a licensee who submits satisfactory proof that the licensee suffered an illness or disability which prevented the licensee from complying with this section during the 12 months immediately preceding the annual license renewal date; or(4) a licensee who is in their first renewal period.(p) A licensee who is a member of the military is entitled to two years of additional time to complete any continuing education requirements and any other requirement related to license renewal.(q) A licensee who also holds a Board-issued permit to perform specialized techniques or procedures shall complete any continuing education required by the Board to obtain and maintain the permit.(r) The Board shall make available a list of approved courses on the Board's website.", "sourceNote": "Source Note: The provisions of this §73.1 adopted to be effective June 30, 2020, 45 TexReg 4026." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213713", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "73", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§73.2", "label": "Failure to Meet Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee failing to meet minimum continuing education requirements, as determined by a random compliance audit, shall have the licensee's license placed in a Continuing Education Conditional (CEC) status for 12 months.(b) A licensee under CEC status may continue to practice if the licensee completes the required continuing education within the 12 month CEC period.(c) The Board shall reinstate a license in CEC status when the licensee submits written verification of completing the required continuing education.(d) If a licensee fails to reinstate a license during any CEC status period, the Board shall deem the license expired from the beginning date of the CEC status year.(e) A licensee whose license expires under subsection (d) of this section shall obtain a new license in order to practice.(f) A licensee may not use continuing education courses taken to satisfy a deficiency in a prior reporting year for a subsequent reporting year.(g) A licensee may not have a license on CEC status for two consecutive years.(h) If a licensee on CEC status for the prior reporting year is non-compliant with the current year, the Board shall deem the license expired.(i) A licensee under subsection (g) of this section may not practice chiropractic until the license is renewed or a new license is issued.(j) A licensee under subsection (g) of this section may renew the license after completing all the required courses.", "sourceNote": "Source Note: The provisions of this §73.2 adopted to be effective June 30, 2020, 45 TexReg 4027; amended to be effective June 8, 2023, 48 TexReg 2854." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213018", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "73", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§73.3", "label": "Requirements for Sponsors of Continuing Education Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199741", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may only approve continuing education courses sponsored by a chiropractic college accredited by the Council on Chiropractic Education or a statewide, national, or international professional association.(b) A continuing education course sponsor shall submit a separate application for each course at least 60 days in advance.(c) For each course application, a sponsor shall submit:(1) course title, subject, and description;(2) number of requested credit hours;(3) course date, time, and location;(4) method of instruction;(5) course coordinator's name, address, and telephone number;(6) signature of the sponsor's representative;(7) a detailed hour-by-hour syllabus describing the material taught in each hour block;(8) names of all instructors for each block of instruction;(9) all instructors' curriculum vitae;(10) proposed advertising showing the course title and content; and(11) application fee.(d) A sponsor shall certify the course complies with all Board requirements.(e) The Board shall notify a sponsor in writing whether a course has been approved.(f) A sponsor shall hold a Board-approved live course only on the date submitted on the application.(g) A sponsor may offer a Board-approved recorded online course for up to one calendar year after approval.(h) If a continuing education program consists of separate sessions on different topics and on different dates, each session is a separate course.(i) If the same course is held in multiple cities with different speakers, each location is a separate course.(j) To be approved, each course must:(1) be presented by instructors with knowledge, training, and expertise in the topic;(2) have content designed to maintain professional competency;(3) be within or relate to the chiropractic scope of practice in Texas; and(4) be on one or more of the following:(A) the chiropractic scope of practice under Occupations Code Chapter 201, Board rules, and other applicable law;(B) basic science;(C) differential diagnosis;(D) diagnostic imaging;(E) public health;(F) musculoskeletal manipulation or chiropractic adjusting technique;(G) chiropractic philosophy;(H) risk management;(I) hygiene and sanitation;(J) jurisprudence;(K) nutrition;(L) adjunctive or supportive therapy;(M) sexual boundary issues;(N) insurance and inter-professional communication;(O) chiropractic research;(P) communicable disease;(Q) acupuncture and other non-incisive techniques;(R) professional ethics;(S) recordkeeping, documentation, and coding, or(T) patient referral considerations.(k) The Board may not approve or accept credit for any course on practice management.(l) A sponsor of an approved course shall notify the Board in writing before any change in course location, date, or cancellation.(m) A sponsor shall submit a roster of course participants that contains each participant's name and Board license number, course number, and number of hours earned by each participant not later than 30 days after the course.(n) A sponsor shall provide each participant an attendance certificate with the sponsor's name, the participant's name, the course number, title, date, and location, the amount and type of credit earned, and signature of the sponsor's representative.(o) A sponsor may not give a course participant full credit for attendance if the participant is absent more than 10 minutes during any one hour period.", "sourceNote": "Source Note: The provisions of this §73.3 adopted to be effective March 16, 2023, 48 TexReg 1446." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199741", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "73", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§73.4", "label": "Requirements for Continuing Education Instructors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199743", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To present a Board-approved continuing education course, an instructor shall meet one of the following qualifications:(1) hold a doctorate degree and active license in chiropractic or law;(2) be part of the full-time faculty of a chiropractic college accredited by the Council of Chiropractic Education;(3) be a qualified health care provider in the subject being taught; or(4) be an individual with substantial knowledge, skill, and ability in chiropractic practice.(b) Before the beginning of a continuing education course, an instructor shall disclose to attendees any direct or indirect financial interest relating to the subject of the course.(c) The Board shall disapprove any continuing education course if the instructor is not qualified under subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §73.4 adopted to be effective June 30, 2020, 45 TexReg 4028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199743", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "73", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§73.5", "label": "Requirements for Claiming Continuing Education as a National Board Examiner" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204348", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee who serves as an examiner for the National Board of Chiropractic Examiners' Part IV Examination may receive up to 8 hours of continuing education each year for the licensee's participation.(b) A licensee claiming hours as a National Boards examiner shall submit written verification on National Boards letterhead of the licensee's participation as an examiner.(c) The written verification shall include the licensee's name, license number, and the date, time, and place of each examination attended by the licensee as an examiner.", "sourceNote": "Source Note: The provisions of this §73.5 adopted to be effective June 30, 2020, 45 TexReg 4029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204348", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "74", "label": "SUBSTANCE ABUSE TESTING AND MONITORING" }, "rule": { "number": "§74.1", "label": "Substance Abuse Testing and Monitoring of Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204349", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may require an applicant for a license who has a criminal conviction for substance abuse offenses within 5 years before the date of the application to undergo substance abuse testing and monitoring as a condition of licensure.(b) If the Board requires an applicant to undergo substance abuse testing and monitoring under this section, the cost shall be borne by the applicant.(c) The Board shall make reasonable efforts to ensure testing will be done in a manner to accomplish the goals of the testing while minimizing the applicant's cost.(d) The Board may grant a probationary license to an applicant who agrees in writing to substance abuse testing and monitoring under this section.(e) The Board shall state in writing the length of time an applicant shall be under probation and subject to substance abuse testing and monitoring.(f) The Board may not place an applicant under probation for substance abuse testing and monitoring for more than five years from the date the Board issues the applicant's probationary license.(g) The Board may revoke the probationary license of any applicant who agrees to substance abuse testing and monitoring if the applicant fails to pass any test or provide required monitoring documentation.(h) A Board order revoking a license under subsection (g) of this section is final and unappealable.(i) An applicant whose probationary license has been revoked under this section may reapply for a license not sooner than one year from the date the license was revoked under subsection (g) of this section.", "sourceNote": "Source Note: The provisions of this §74.1 adopted to be effective April 1, 2021, 46 TexReg 2009." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204349", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "74", "label": "SUBSTANCE ABUSE TESTING AND MONITORING" }, "rule": { "number": "§74.2", "label": "Substance Abuse Testing and Monitoring of Licensees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198731", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may require a licensee who has been subject to disciplinary action for drug or alcohol offenses to undergo substance abuse testing and monitoring.(b) If the Board requires a licensee to undergo substance abuse testing and monitoring under this section, the cost shall be borne by the licensee.(c) The Board shall make reasonable efforts to ensure testing will be done in a manner to accomplish the goals of the testing while minimizing the licensee's cost.(d) A licensee who agrees to undergo substance abuse testing and monitoring to settle a disciplinary action by the Board shall agree to the terms of the testing and monitoring in writing as part of the agreed order with the Board.(e) The Board, upon the recommendation of the Board's Enforcement Committee, may revoke the license of a licensee who agrees to substance abuse testing and monitoring if the licensee fails to pass any test or provide monitoring documentation as required by the agreed order with the Board.(f) A Board order revoking a license under subsection (e) of this section is final and unappealable.(g) A licensee whose license has been revoked under this section may reapply for a license not sooner than one year from the date the license was revoked under subsection (e) of this section.", "sourceNote": "Source Note: The provisions of this §74.2 adopted to be effective April 1, 2021, 46 TexReg 2010." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198731", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.1", "label": "Code of Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196721", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall use good faith to provide information to patients to allow them to make an informed choice about proposed chiropractic treatment.(b) A licensee shall consult with other health care professionals when appropriate.(c) A licensee may not discriminate against patients based on race, religion, ethnicity, nationality, creed, gender, handicap, or sexual preference.(d) A licensee shall promote public health, illness prevention, and the alleviation of suffering.(e) A licensee shall respect a patient's privacy at all times.(f) A licensee should help others in the practice of the profession.(g) A licensee should maintain the highest standards of education and training.", "sourceNote": "Source Note: The provisions of this §75.1 adopted to be effective March 12, 2020, 45 TexReg 1712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196721", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.2", "label": "Place of Business" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198732", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon request, a licensee shall provide to the Board the following information for the primary location where the licensee provides chiropractic services:(1) physical address;(2) telephone number, if any; and(3) business name, if applicable.(b) A licensee shall document and maintain the following information for each secondary location where the licensee provides chiropractic services:(1) physical address;(2) business name, if applicable; and(3) date range when chiropractic services were provided.(c) A licensee providing chiropractic services out of the licensee's personal residence shall ensure that:(1) all mandatory notices to the public required by the Board are posted; and(2) a patient's safety, privacy, and health information is protected.(d) A licensee operating only a mobile practice that provides chiropractic services at a patient's residence shall only comply with subsection (b)(1) and (3).(e) In addition to the requirements of subsection (b)(1) and (3), a licensee conducting spinal screenings at a temporary location shall display all required disclosures.(f) A licensee shall provide the information required under subsection (b) to the Board if requested.(g) A licensee shall maintain the information required under subsection (b) for 6 years.", "sourceNote": "Source Note: The provisions of this §75.2 adopted to be effective October 3, 2019, 44 TexReg 5619." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198732", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.3", "label": "Fraud Prevention" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199922", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may not commit fraud as defined in the Penal Code against patients or third parties.(b) A licensee who commits fraud is subject to disciplinary action.(c) A licensee who commits fraud in connection with health insurance or workers' compensation insurance under the jurisdiction of the Texas Department of Insurance is also subject to disciplinary action by the Board.(d) A licensee shall report any suspected fraud to the Board.", "sourceNote": "Source Note: The provisions of this §75.3 adopted to be effective March 12, 2020, 45 TexReg 1712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199922", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.4", "label": "Patient's Rights to Disclosure of Charges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192813&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192813", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall provide a written receipt or summary of all charges for that day to any patient making such request.(b) A licensee who violates this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §75.4 adopted to be effective March 15, 2020, 45 TexReg 1714; transferred effective July 15, 2020, as published in the Texas Register June 26, 2020, 45 TexReg 4369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192813&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192813", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.5", "label": "Prepaid Treatment Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213019", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may accept prepayment for services planned but not yet delivered, but must provide the following:(1) The plan must be cancellable by either party at any time for any reason without penalty of any kind to the patient.(2) Upon cancellation of the plan the patient shall receive a complete refund of all fees paid on a pro rata basis of the number of treatments provided compared to total treatments contracted.(3) The plan must provide for a limited, defined number of visits.(4) The patient's file must contain the proposed treatment plan, including enumeration of all aspects of evaluation, management, and treatment planned to therapeutically benefit the patient relative to the condition determined to be present and necessitating treatment.(A) The patient's financial file must contain documents outlining any necessary procedures for refunding unused payment amounts in the event that either the patient or the doctor discharge the other's services or therapeutic association.(B) The treatment plan in such cases where prepayment is contracted must contain beginning and ending dates and a breakdown of the proposed treatment frequency.(5) A contract for services and consent of treatment document must be maintained in the patient's file that specifies the condition for which the treatment plan is formulated.(6) If nutritional products or other hard goods including braces, supports, or patient aids are to be used during the proposed treatment plan, the patient documents must state whether these items are included in the gross treatment costs or if they constitute a separate and distinct service or fee.(b) This rule does not create any exemptions from any requirements applicable under the Texas Insurance Code.", "sourceNote": "Source Note: The provisions of this §75.5 adopted to be effective January 29, 2015, 40 TexReg 379; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213019", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.6", "label": "Mandatory Notice to Public" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196723", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall ensure the attached graphic below is prominently displayed to the public at every location where the licensee provides chiropractic services.(b) A licensee who provides services at any secondary location shall ensure the notice is visible to the public.(c) A licensee who provides chiropractic telehealth services shall make the notice available to a patient during every telehealth session.Attached Graphic", "sourceNote": "Source Note: The provisions of this §75.6 adopted to be effective March 16, 2023, 48 TexReg 1447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196723&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196723", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.7", "label": "Mandatory Display of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196724", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall prominently display the licensee's current license or Board-issued wallet-sized license at every location where the licensee provides chiropractic services.(b) At a non-primary location, a licensee may satisfy the requirements of subsection (a) of this section by ensuring a copy of the current license is visible to the public.", "sourceNote": "Source Note: The provisions of this §75.7 adopted to be effective October 3, 2019, 44 TexReg 5620." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196724", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.8", "label": "Unsafe and Unsanitary Conditions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204350", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Unsanitary\" means a condition that could reasonably pose a risk of harm to the health of a patient, employee, or contractor of a licensee, or the public.(b) \"Unsafe\" means a condition that could reasonably pose a risk of injury to a patient, employee, or contractor of a licensee, or the public.(c) Reasonable and normal wear and tear or aging of chiropractic equipment does not constitute an unsafe or unsanitary condition.(d) Any location where a licensee practices chiropractic shall be free of unsafe and unsanitary conditions.", "sourceNote": "Source Note: The provisions of this §75.8 adopted to be effective October 3, 2019, 44 TexReg 5620." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204350", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.9", "label": "Closing a Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210857", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee permanently closing down a chiropractic practice should take the following steps to avoid patient abandonment:(1) arrange with another licensee or other person to take over the licensee's duty to maintain patient records;(2) communicate within a reasonable time to all active patients informing them of the closure and whom to contact for patient records or continuation of chiropractic care;(3) place a clearly visible sign containing information of whom to contact for patient records or continuation of chiropractic care at all business locations;(4) update all public listings for the chiropractic practice, including social media accounts, to state when the practice will close, whom to contact for patient records, and who will take over the duty to maintain patient records;(5) refund any unused portion of any patient's prepaid treatment plan; and(6) notify the Board in writing of the closure of the chiropractic practice.(b) A licensee should document the steps taken under subsection (a) of this section.(c) A licensee may modify or eliminate the steps in subsection (a)(1) through (a)(5) of this section if they are inapplicable.", "sourceNote": "Source Note: The provisions of this §75.9 adopted to be effective April 1, 2021, 46 TexReg 2010." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210857", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.10", "label": "Chiropractic Telehealth Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213020", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may provide chiropractic telehealth services to patients in compliance with this rule.(b) Before providing chiropractic telehealth services, a licensee shall obtain a patient's written informed consent.(c) A licensee shall use the same standard of care when providing chiropractic telehealth services to a patient as the licensee would in an in-person setting.(d) When providing chiropractic telehealth services, a licensee shall ensure the confidentiality of a patient's clinical information as required by law.(e) A licensee shall provide access to a copy of the licensee's license and the Board's mandatory notice to the public form (as found in §75.6(b) of this chapter (relating to Mandatory Notice to Public)) each time the licensee provides chiropractic telehealth services to a patient.", "sourceNote": "Source Note: The provisions of this §75.10 adopted to be effective November 24, 2022, 47 TexReg 7683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213020", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "75", "label": "BUSINESS PRACTICES" }, "rule": { "number": "§75.11", "label": "Appointment Cancellation or No-Show Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201096", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or other person may charge a reasonable fee to a patient for the patient's failure to reasonably cancel a scheduled appointment.(b) A licensee or other person may charge a reasonable fee to a patient for the patient's failure to show up at a scheduled appointment.(c) If a licensee or other person charges a fee under this section, a licensee or other person shall provide to any new patient written notice of the licensee's or other person's exact fees, conditions, and policies under subsections (a) and (b) of this section before scheduling a subsequent appointment for that patient.(d) A licensee or other person may not use a fee charged to a patient under this section as the basis for any claim or billing for chiropractic services rendered.", "sourceNote": "Source Note: The provisions of this §75.11 adopted to be effective March 16, 2023, 48 TexReg 1447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201096", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "76", "label": "PATIENT RECORDS AND DOCUMENTATION" }, "rule": { "number": "§76.1", "label": "Required Contents of Patient Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201097", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Patient record\" means any record regularly used, created, or stored by a licensee or other person pertaining to a patient's history, diagnosis, treatment, prognosis, or billing, including records of other health care providers, currently or having been in the possession or custody of the licensee or other person.(b) \"Initial visit\" means a contact with a new patient, a patient presenting a new condition or illness, or a patient presenting a recurrence of a previous condition.(c) A licensee shall ensure a patient record supports all diagnoses, treatments, services, and billing.(d) A licensee shall ensure a patient record is timely created, accurately dated, legible, signed or initialed by the individual who actually performed the treatment or service, and contains a key to abbreviations.(e) As a minimum, a licensee shall include the following in all patient records created during an initial visit:(1) patient history;(2) description of symptoms or purpose of the visit;(3) findings of examinations, including imaging and laboratory records;(4) assessment;(5) diagnosis;(6) prognosis;(7) treatment plan, recommendations, and orders; and(8) treatment or service provided and the patient's response.(f) Other than consultations, reports of findings, or non-therapeutic contacts with a patient, a licensee shall include in all records of a subsequent visit:(1) an updated history since last visit, if any;(2) the purpose of visit and changes in symptoms, if any, since last visit;(3) an examination of the area involved in the diagnosis;(4) an assessment of any change in the patient's condition since last visit;(5) the treatment or service provided and the patient's response; and(6) change in treatment plan or planned referrals if indicated.(g) A licensee shall comply with all state and federal documentation laws pertaining to health care providers.", "sourceNote": "Source Note: The provisions of this §76.1 adopted to be effective September 13, 2020, 45 TexReg 6360." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201097", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "76", "label": "PATIENT RECORDS AND DOCUMENTATION" }, "rule": { "number": "§76.2", "label": "Requests for Patient Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A patient may request patient records be disclosed to another person or to the patient.(b) A patient shall make the request for disclosure of patient records in writing.(c) In a written request for disclosure of patient records, a patient shall include:(1) the specific information or records to be disclosed; and(2) the person to whom the records are to be disclosed.(d) A patient or other person legally authorized to act on the patient's behalf shall sign the written request for disclosure of patient records.(e) A patient may withdraw consent to disclosure in writing at any time.(f) Withdrawal of consent does not affect any information disclosed before the withdrawal.(g) A licensee or other person may honor an oral request for disclosure if the licensee or other person documents:(1) the patient's identity by valid government identification or legal documents that identify a person as the patient's legal representative; and(2) the information required by subsections (c) and (d) of this section.(h) A licensee or other person shall disclose patient records, after receiving any applicable fees for the records, within 15 business days from the date of the request, unless the request is denied under subsection (j) of this section.(i) A licensee or other person may not deny a patient's request for records for:(1) a past due account for care or treatment previously rendered to the patient; or(2) the lack of a letter of protection; or any other similar document.(j) A licensee or other person may not disclose information in a patient record if a licensee determines that disclosure would harm the physical, mental, or emotional health of the patient.(k) If a licensee determines that disclosure would be harmful, a licensee shall:(1) document in writing the rationale;(2) notify the patient within 15 days of the date of the patient's request; and(3) request in writing a second opinion from another licensee within 15 days of the patient's request for records.(l) A licensee who receives a request for a second opinion under subsection (k) of this section shall provide a written opinion to the requesting licensee within 15 days of the request.(m) A licensee shall disclose all information in a patient's record only if the licensee receives a written second opinion from another licensee which states disclosure would not be harmful to the patient.(n) A licensee shall disclose only redacted non-harmful information in a patient's records if the licensee receives a second opinion from another licensee which states there is potential harm to the patient if disclosed.(o) A subpoena may not be required for the release of patient records under this section.(p) A licensee or other person who violates this section is subject to disciplinary action.(q) This section does not supersede Texas Health and Safety Code Chapter 181 or any other applicable state or federal law.", "sourceNote": "Source Note: The provisions of this §76.2 adopted to be effective September 13, 2020, 45 TexReg 6361." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213021", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "76", "label": "PATIENT RECORDS AND DOCUMENTATION" }, "rule": { "number": "§76.3", "label": "Fees for Providing Patient Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201099", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or other person may charge a reasonable administrative fee not to exceed $50 for providing routine patient records in a digital-only format.(b) A licensee or other person may charge a reasonable administrative fee not to exceed $25 for the first page of paper-only copies of routine patient records, plus $0.25 per additional page.(c) A licensee or other person may charge a reasonable administrative fee not to exceed $50 for the first page of non-digital copies of routine films or other static diagnostic imaging studies, plus $1.00 per additional page.(d) A licensee or other person may charge an additional reasonable administrative fee for providing patient records under subsection (a) of this section if:(1) the digital records are voluminous and not routine; and(2) the licensee or other person provides a written explanation of the need for the fee.(e) A licensee or other person may charge a separate fee for the actual costs of mailing, shipping, notarizing documents, or delivery of patient records.(f) A licensee or other person shall notify the requestor of patient records of any fee within five business days of receipt of the request.(g) If a licensee or other person does not receive the fee within ten business days after the requestor was notified of the fee, the licensee or other person shall notify the requestor of the need for payment.(h) A licensee or other person may demand advance payment for patient records except from another health care provider if the request was made because of emergency or acute medical situation.(i) A licensee or other person may charge a reasonable fee not to exceed $25 for completing a custodian of records affidavit for patient records.(j) A licensee or other person may charge a reasonable fee in advance to answer a deposition by written question.(k) A licensee or other person may not charge for providing patient records where prohibited by Texas Health and Safety Code Chapter 161 or any other applicable state or federal law.", "sourceNote": "Source Note: The provisions of this §76.3 adopted to be effective March 16, 2023, 48 TexReg 1448." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201099", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "76", "label": "PATIENT RECORDS AND DOCUMENTATION" }, "rule": { "number": "§76.4", "label": "Duty to Maintain and Store Patient Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207043", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or other person shall maintain the record of a patient's treatment or service for a minimum of six years from the date of that treatment or service.(b) If a patient was younger than age 18 when the patient last received treatment or service, a licensee or other person shall maintain a patient's records until a patient reaches age 21 or for six years from the date of last treatment or service, whichever is longer.(c) If another federal or state law or rule, or business agreement requires a patient record to be maintained for a time longer than in subsections (a) and (b) of this section, a licensee or other person shall comply with that law, rule, or business agreement.(d) A licensee or other person shall maintain a patient record relating to a civil, criminal, or administrative proceeding until the proceeding is finally resolved.(e) A licensee or other person shall ensure patient records are securely stored to protect a patient's privacy.(f) If a licensee establishes a doctor-patient relationship solely due to a licensee's employment by or contract for services with another person, a licensee's duty to maintain patient records created during the employment or contract ceases when the licensee's employment or contract ends.(g) If a licensee establishes a doctor-patient relationship solely due to a licensee's participation in a partnership with another person, a licensee's duty to maintain patient records created during the partnership ceases when the licensee's participation in the partnership ends and the remaining partners continue the partnership.(h) If a partnership in which a licensee is a partner dissolves, each licensee and person in the partnership is individually and jointly responsible for the maintenance of patient records unless a licensee or other person assumes that duty by written agreement.(i) A licensee or other person shall reasonably notify a patient when the duty for maintaining patient records will change.(j) A licensee or other person who violates this section is subject to disciplinary action.(k) A licensee closing a practice shall comply with all Board rules relating to the storage and maintenance of patient records.", "sourceNote": "Source Note: The provisions of this §76.4 adopted to be effective September 13, 2020, 45 TexReg 6362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207043", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "77", "label": "ADVERTISING AND PUBLIC COMMUNICATIONS" }, "rule": { "number": "§77.1", "label": "Advertising and Public Communications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198736", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee, or a licensee's employee, agent, or partner may not use or authorize the use of any public communication or advertising containing a false, misleading, deceptive, or fraudulent claim, or indicating the licensee provides services outside the scope of practice.(b) In any public communication or advertising, if a licensee makes a claim based on a research study, the licensee shall:(1) clearly identify the research study; and(2) provide the source of the research study to the Board or the public upon request.(c) In any public communication or advertising, a licensee may not state any service is free unless the communication or advertising clearly states all component services which are included.(d) A licensee shall be responsible for any agent, employee, or partner acting on the licensee's behalf who violates this section.(e) An individual violating this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §77.1 adopted to be effective December 9, 2021, 46 TexReg 8252." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198736", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "77", "label": "ADVERTISING AND PUBLIC COMMUNICATIONS" }, "rule": { "number": "§77.2", "label": "Telemarketing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207044", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee using telemarketing may not misrepresent to any person contacted that the licensee has any association with an insurance company.(b) A licensee using telemarketing may not misrepresent to any person contacted that the licensee has any association with another doctor of chiropractic.(c) A licensee using telemarketing may not promise the successful treatment of any condition.(d) A licensee using telemarketing shall identify the licensee by name and the name of any affiliated healthcare practice, if any, to any person contacted.(e) A licensee using telemarketing shall maintain a copy of any script used and a log of all contacts made including the date, telephone number, and the name of each person contacted for two years.(f) A licensee shall be responsible for any agent, employee, or partner acting on the licensee's behalf who violates this section.(g) A licensee violating this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §77.2 adopted to be effective March 15, 2020, 45 TexReg 1714." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207044", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "77", "label": "ADVERTISING AND PUBLIC COMMUNICATIONS" }, "rule": { "number": "§77.3", "label": "Proper Use of \"D.C.\" or Similar Terms and Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195480&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195480", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall use clear language in any advertising and public communication to specify the type of license the licensee currently holds.(b) A licensee who uses the terms \"doctor\" or \"Dr.\" in any public communication or advertising shall also clearly use the terms \"doctor of chiropractic,\" \"D.C.,\" \"chiropractor,\" or \"chiropractic\" in the public communication or advertising.(c) An individual may not identify the individual as a \"doctor of chiropractic,\" \"D.C.,\" or \"chiropractor\" in any public communication or advertising without holding an active Texas license except as allowed by subsection (d) of this section.(d) An individual who has earned a chiropractic academic degree but is not licensed in Texas may use the academic title in advertising or public communications if the advertising or public communications makes clear the individual is unlicensed by prominently modifying the terms \"doctor of chiropractic,\" \"D.C.,\" or \"chiropractor\" with language such as:(1) \"retired;\"(2) \"pending licensure in Texas\" (only if the individual has submitted an application to the Board);(3) \"not licensed in Texas;\" or(4) \"unlicensed in Texas.\"(e) A licensee shall identify by name any board certifying the licensee's professional credentials in any public communication or advertising using the term \"Board Certified\" or similar term.(f) A licensee may not state in any public communication or advertising that the licensee is \"Board Certified\" by the Texas Board of Chiropractic Examiners.(g) An individual violating this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §77.3 adopted to be effective December 9, 2021, 46 TexReg 8252." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195480&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195480", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "77", "label": "ADVERTISING AND PUBLIC COMMUNICATIONS" }, "rule": { "number": "§77.4", "label": "Misleading Claims" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192824", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person advertising chiropractic services shall not use false, deceptive, unfair, or misleading advertising, including:(1) claims intended or reasonably likely to embellish or create a false expectation of the favorable results from chiropractic treatment;(2) claims intended or reasonably likely to create a false expectation of the cost of treatment or the amount of treatment to be provided;(3) claims reasonably likely to deceive or mislead because the claims in context represent only a partial disclosure of the conditions and facts of the extent of treatment the licensee expects to provide;(4) claims that state or imply chiropractic services can cure any condition;(5) claims that chiropractic services cure or lessen the effects of ailments, injuries, or other disorders of the human body which are outside the scope of chiropractic practice;(6) claims that state or imply the results of chiropractic services are guaranteed;(7) claims that chiropractic services offer results that are not within the realm of scientific proof beyond testimonial statements or manufacturer's claims; or(8) claims intended or reasonably likely to create a false expectation of the adverse consequences of not receiving chiropractic treatment.(b) Subsection (a)(2) of this section is not applicable where the cost or amount of treatment varies from an original quotation or advertisement by a reasonable amount.(c) The standard for determining whether a violation of this rule has occurred is the generally accepted standards of care within the chiropractic profession in Texas.", "sourceNote": "Source Note: The provisions of this §77.4 adopted to be effective January 29, 2015, 40 TexReg 379; amended to be effective June 6, 2019, 44 TexReg 2709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192824", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "78", "label": "SCOPE OF PRACTICE AND DELEGATION" }, "rule": { "number": "§78.1", "label": "Scope of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208234", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Board--The Texas Board of Chiropractic Examiners.(2) CPT Codebook--The American Medical Association's annual Current Procedural Terminology Codebook (2004). The CPT Codebook has been adopted by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services as Level I of the common procedure coding system.(3) Cosmetic treatment--A treatment that is primarily intended by the licensee to address the outward appearance of a patient.(4) Incision--A cut or a surgical wound; also, a division of the soft parts made with a knife or hot laser.(5) Musculoskeletal system--The system of muscles and tendons and ligaments and bones and joints and associated tissues and nerves that move the body and maintain its form.(6) On-site--The presence of a licensed chiropractor in the clinic, but not necessarily in the room, while a patient is undergoing an examination or treatment procedure or service.(7) Practice of chiropractic--The description and terms set forth under Texas Occupations Code §201.002, relating to the practice of chiropractic.(8) Subluxation--A lesion or dysfunction in a joint or motion segment in which alignment, movement integrity and/or physiological function are altered, although contact between joint surfaces remains intact. It is essentially a functional entity, which may influence biomechanical and neural integrity.(9) Subluxation complex--A neuromusculoskeletal condition that involves an aberrant relationship between two adjacent articular structures that may have functional or pathological sequelae, causing an alteration in the biomechanical and/or neuro-physiological reflections of these articular structures, their proximal structures, and/or other body systems that may be directly or indirectly affected by them.(b) Aspects of Practice.(1) A person practices chiropractic if they:(A) use objective or subjective means to analyze, examine, or evaluate the biomechanical condition of the spine and musculoskeletal system of the human body; or(B) perform nonsurgical, nonincisive procedures, including adjustment and manipulation, to improve the subluxation complex or the biomechanics of the musculoskeletal system.(2) Needles may be used in the practice of chiropractic under standards set forth by the Board but may not be used for procedures that are incisive or surgical.(3) This section does not apply to:(A) a health care professional licensed under another statute of this state and acting within the scope of their license; or(B) any other activity not regulated by state or federal law.(c) Examination and Evaluation.(1) In the practice of Chiropractic, licensees of this board provide necessary examination and evaluation services to:(A) Determine the bio-mechanical condition of the spine and musculoskeletal system of the human body including, but not limited to, the following:(i) the health and integrity of the structures of the system;(ii) the coordination, balance, efficiency, strength, conditioning and functional health and integrity of the system;(iii) the existence of the structural pathology, functional pathology or other abnormality of the system;(iv) the nature, severity, complicating factors and effects of said structural pathology, functional pathology or other abnormality of the system;(v) the etiology of said structural pathology, functional pathology or other abnormality of the system; and(vi) the effect of said structural pathology, functional pathology or other abnormality of the system on the health of an individual patient or population of patients;(B) Determine the existence of subluxation complexes of the spine and musculoskeletal system of the human body and to evaluate their condition including, but not limited to:(i) The nature, severity, complicating factors and effects of said subluxation complexes;(ii) the etiology of said subluxation complexes; and(iii) The effect of said subluxation complexes on the health of an individual patient or population of patients;(C) Determine the treatment procedures that are indicated in the therapeutic care of a patient or condition;(D) Determine the treatment procedures that are contra-indicated in the therapeutic care of a patient or condition; and(E) Differentiate a patient or condition for which chiropractic treatment is appropriate from a patient or condition that is in need of care from a medical or other class of provider.(2) To evaluate and examine individual patients or patient populations, licensees of this board are authorized to use:(A) physical examinations;(B) diagnostic imaging;(C) laboratory examination;(D) electro-diagnostic testing, other than an incisive procedure;(E) sonography; and(F) other forms of testing and measurement.(3) Examination and evaluation services which require a license holder to obtain additional training or certification, in addition to the requirements of a basic chiropractic license, include:(A) Performance of radiologic procedures, which are authorized under the Texas Chiropractic Act, Texas Occupations Code, Chapter 201, may be delegated to an assistant who meets the training requirements set forth under §74.2 of this title (relating to Registration of Chiropractic Radiologic Technologists).(B) Technological Instrumented Vestibular-Ocular-Nystagmus Testing may be performed by a licensee with a diplomate in chiropractic neurology and that has successfully completed 150 hours of clinical and didactic training in the technical and professional components of the procedures as part of coursework in vestibular rehabilitation including the successful completion of a written and performance examination for vestibular specialty or certification. The professional component of these procedures may not be delegated to a technician and must be directly performed by a qualified licensee.(d) Analysis, Diagnosis, and Other Opinions.(1) In the practice of chiropractic, licensees may render an analysis, diagnosis, or other opinion regarding the findings of examinations and evaluations. Such opinions could include, but are not limited to, the following:(A) An analysis, diagnosis or other opinion regarding the biomechanical condition of the spine or musculoskeletal system including, but not limited to, the following:(i) the health and integrity of the structures of the system;(ii) the coordination, balance, efficiency, strength, conditioning and functional health and integrity of the system;(iii) the existence of structural pathology, functional pathology or other abnormality of the system;(iv) the nature, severity, complicating factors and effects of said structural pathology, functional pathology, or other abnormality of the system;(v) the etiology of said structural pathology, functional pathology or other abnormality of the system; and(vi) the effect of said structural pathology, functional pathology or other abnormality of the system on the health of an individual patient or population of patients;(B) An analysis, diagnosis or other opinion regarding a subluxation complex of the spine or musculoskeletal system including, but not limited to, the following:(i) the nature, severity, complicating factors and effects of said subluxation complex;(ii) the etiology of said subluxation complex; and(iii) the effect of said subluxation complex on the health of an individual patient or population of patients;(C) An opinion regarding the treatment procedures that are indicated in the therapeutic care of a patient or condition;(D) An opinion regarding the likelihood of recovery of a patient or condition under an indicated course of treatment;(E) An opinion regarding the risks associated with the treatment procedures that are indicated in the therapeutic care of a patient or condition;(F) An opinion regarding the risks associated with not receiving the treatment procedures that are indicated in the therapeutic care of a patient or condition;(G) An opinion regarding the treatment procedures that are contraindicated in the therapeutic care of a patient or condition;(H) An opinion that a patient or condition is in need of care from a medical or other class of provider;(I) An opinion regarding an individual's ability to perform normal job functions and activities of daily living, and the assessment of any disability or impairment;(J) An opinion regarding the biomechanical risks to a patient, or patient population from various occupations, job duties or functions, activities of daily living, sports or athletics, or from the ergonomics of a given environment; and(K) Other necessary or appropriate opinions consistent with the practice of chiropractic.(e) Treatment Procedures and Services.(1) In the practice of chiropractic, licensees recommend, perform or oversee the performance of the treatment procedures that are indicated in the therapeutic care of a patient or patient population in order to:(A) Improve, correct, or optimize the biomechanical condition of the spine or musculoskeletal system of the human body including, but not limited to, the following:(i) the health and integrity of the structures of the musculoskeletal system; and(ii) the coordination, balance, efficiency, strength, conditioning, and functional health and integrity of the musculoskeletal system;(B) Promote the healing of, recovery from, or prevent the development or deterioration of abnormalities of the biomechanical condition of the spine or musculoskeletal system of the human body including, but not limited to, the following:(i) the structural pathology, functional pathology, or other abnormality of the musculoskeletal system;(ii) the effects and complicating factors of any structural pathology, functional pathology, or other abnormality of the musculoskeletal system;(iii) the etiology of any structural pathology, functional pathology, or other abnormality of the musculoskeletal system; and(iv) the effect of any structural pathology, functional pathology, or other abnormality of the musculoskeletal system on the health of an individual patient or population of patients; and(C) Promote the healing of, recovery from, or prevent the development or deterioration of a subluxation complex of the spine or musculoskeletal system, including, but not limited to, the following:(i) the structural pathology, functional pathology, or other abnormality of a subluxation complex;(ii) the effects and complicating factors of any structural pathology, functional pathology, or other abnormality of a subluxation complex;(iii) the etiology of any structural pathology, functional pathology, or other abnormality of a subluxation complex; and(iv) the effect of any structural pathology, functional pathology, or other abnormality of a subluxation complex on the health of an individual patient or population of patients.(2) In order to provide therapeutic care for a patient or patient population, licensees are authorized to use:(A) osseous and soft tissue adjustment and manipulative techniques;(B) physical and rehabilitative procedures and modalities;(C) acupuncture and other reflex techniques;(D) exercise therapy;(E) patient education;(F) advice and counsel;(G) diet and weight control;(H) immobilization;(I) splinting;(J) bracing;(K) therapeutic lasers (non-invasive, nonincisive), with adequate training and the use of appropriate safety devices and procedures for the patient, the licensee and all other persons present during the use of the laser;(L) durable medical goods and devices;(M) homeopathic and botanical medicines, including vitamins, minerals; phytonutrients, antioxidants, enzymes, nutraceuticals, and glandular extracts;(N) non-prescription drugs;(O) referral of patients to appropriate health care providers; and(P) other treatment procedures and services consistent with the practice of chiropractic.", "sourceNote": "Source Note: The provisions of this §78.1 adopted to be effective January 29, 2015, 40 TexReg 379; amended to be effective September 13, 2015, 40 TexReg 5787; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208234", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "78", "label": "SCOPE OF PRACTICE AND DELEGATION" }, "rule": { "number": "§78.2", "label": "Prohibitions on the Scope of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208236", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may not:(1) perform, prescribe, or order incisive or surgical procedures;(2) prescribe controlled substances, dangerous drugs, or any other drug that requires a prescription;(3) use, prescribe, or order x-ray therapy or therapy that exposes a body to radioactive materials;(4) perform, prescribe, or order solely cosmetic treatments;(5) use a needle for procedures that make an incision other than for drawing blood for diagnostic purposes; or(6) perform manipulations or adjustments on a patient under anesthesia.(b) A licensee performing acts in subsection (a) of this section is practicing outside the scope of practice.(c) A licensee who violates this section may be subject to disciplinary action by the Board.(d) A licensee who violates this section may be subject to legal action by other governmental entities.", "sourceNote": "Source Note: The provisions of this §78.2 adopted to be effective March 20, 2022, 47 TexReg 1455." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208236", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "78", "label": "SCOPE OF PRACTICE AND DELEGATION" }, "rule": { "number": "§78.3", "label": "General Delegation of Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215688", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Qualified individual\" means an unlicensed individual with adequate education, training, and skill to perform an act.(b) A licensee may not delegate responsibility to render a diagnosis, prescribe a treatment plan, or perform adjustments or manipulations under this section.(c) A licensee may delegate responsibility to a qualified individual to perform acts within the scope of practice, including:(1) taking a medical history;(2) taking or recording vital signs;(3) taking or recording range of motion measurements;(4) performing physical treatments or modalities;(5) demonstrating exercises or stretches;(6) demonstrating the use of supports and devices; or(7) performing radiological procedures.(d) A licensee shall document that an individual is qualified to perform an act.(e) A licensee may not allow an individual whose chiropractic license has expired or been suspended or revoked in any jurisdiction to treat a patient in any manner, including acts in subsection (c) of this section.(f) A licensee shall determine a reasonable number of qualified individuals a licensee can safely supervise.(g) A licensee shall be physically present or on-call when any qualified individual performs an act in subsection (c) of this section unless another licensee is physically present at the place of business or on-call.(h) \"On-call\" means a licensee must be available for voice consultation within 15 minutes.(i) A licensee shall differentiate on a patient's records between acts performed by the licensee and acts performed by a qualified individual.", "sourceNote": "Source Note: The provisions of this §78.3 adopted to be effective March 20, 2022, 47 TexReg 1455." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215688", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "78", "label": "SCOPE OF PRACTICE AND DELEGATION" }, "rule": { "number": "§78.4", "label": "Delegation to Chiropractic Students" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201993", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may delegate responsibility to a chiropractic student under this section if:(1) the licensee has held an active chiropractic license in good standing in Texas or another jurisdiction for five years; and(2) the licensee has been licensed by the Board for at least one year.(b) A licensee may delegate to a student currently enrolled in an accredited chiropractic college the performance of adjustments or manipulations if the student has qualified for admission to the college's outpatient clinic.(c) A licensee shall be physically on-site, but need not be present, when a student performs an adjustment or manipulation.(d) A chiropractic student performing adjustments or manipulations under this section may not represent to the public that the student is a licensed chiropractor.(e) A licensee may not delegate responsibility to render a diagnosis or prescribe a treatment plan to a chiropractic student under this section.(f) A licensee or chiropractic student who violates this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §78.4 adopted to be effective December 3, 2023, 48 TexReg 7046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201993", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "78", "label": "SCOPE OF PRACTICE AND DELEGATION" }, "rule": { "number": "§78.5", "label": "Delegation of Radiologic Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208237", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may delegate a radiologic procedure within the chiropractic scope of practice to an individual who has documented training and experience.(b) A licensee shall be responsible for any delegated radiologic procedure.(c) A licensee shall document the education, experience, or any other qualifications of an individual to whom a licensee intends to delegate the authority to perform any radiologic procedure.(d) A licensee, or other licensed individual with delegation authority, shall be on the premises of any place of business while a delegated radiologic procedure is performed.", "sourceNote": "Source Note: The provisions of this §78.5 adopted to be effective December 9, 2020, 45 TexReg 8774." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208237", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "78", "label": "SCOPE OF PRACTICE AND DELEGATION" }, "rule": { "number": "§78.6", "label": "Required Diligence in the Practice of Chiropractic" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215689", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall:(1) conform to the generally accepted standards of practice of the chiropractic profession in Texas;(2) properly evaluate a patient;(3) obtain a patient's informed consent for any treatment;(4) protect a patient's privacy, dignity, safety, and confidential records;(5) timely transfer a patient's records;(6) timely refer a patient to an appropriate health care provider for diagnosis or treatment for a condition outside the scope of practice;(7) timely refer a patient to an appropriate health care provider for diagnosis or treatment for a condition within the scope of practice, but which requires a diagnosis or treatment that exceeds the licensee's abilities or limitations; and(8) adequately supervise staff, students, and recent graduates.(b) A licensee who violates this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §78.6 adopted to be effective March 20, 2022, 47 TexReg 1456." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215689&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215689", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "78", "label": "SCOPE OF PRACTICE AND DELEGATION" }, "rule": { "number": "§78.7", "label": "Delegation to Recent Graduates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204351", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Recent graduate\" is an individual who has graduated within the previous 12 months from an accredited chiropractic college.(b) A licensee may delegate responsibility to a recent graduate under this section if:(1) the licensee has held an active chiropractic license in good standing in Texas or another jurisdiction for five years; and(2) the licensee has been licensed by the Board for at least one year.(c) A licensee may delegate to a recent graduate of an accredited chiropractic college the performance of adjustments or manipulations.(d) A licensee shall be on-call and be available for voice consultation within 15 minutes from when a recent graduate performs an adjustment or manipulation.(e) A licensee delegating responsibility to a recent graduate under subsection (c) of this section shall submit to the Board in writing the following within ten days of hiring the recent graduate:(1) the graduate's name;(2) the graduate's employment date;(3) the name of the graduate's chiropractic college;(4) the date of graduation;(5) a copy of the graduate's diploma; and(6) the name and license number of the licensee supervising the graduate.(f) A licensee may not delegate the performance of adjustments or manipulations to a recent graduate under this section after the one year anniversary of the individual's graduation from a chiropractic college.(g) A recent graduate performing adjustments or manipulations under this section may not represent to the public that the recent graduate is a licensed chiropractor.(h) A licensee may not delegate responsibility to render a diagnosis or prescribe a treatment plan to a recent graduate under this section.(i) A licensee or recent graduate who violates this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §78.7 adopted to be effective December 3, 2023, 48 TexReg 7046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204351", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "78", "label": "SCOPE OF PRACTICE AND DELEGATION" }, "rule": { "number": "§78.10", "label": "Prohibitions on Animal Chiropractic" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201028", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The definition of \"animal chiropractic\" is under the jurisdiction of the Texas Board of Veterinary Medical Examiners (TBVME).(b) Animal chiropractic is outside the chiropractic scope of practice in Texas.(c) A licensee may practice animal chiropractic only if done in compliance with the rules on animal chiropractic adopted by TBVME.(d) A licensee advertising animal chiropractic services is exempt from the Board's rules that prohibit advertising services outside the scope of practice if the services are provided in compliance with subsection (c) of this section.(e) A licensee practicing animal chiropractic not in compliance with subsection (c) of this section is subject to disciplinary action for practicing outside the scope of practice.(f) A licensee advertising animal chiropractic services not in compliance with subsection (d) of this section is subject to disciplinary action for advertising services outside the scope of practice.", "sourceNote": "Source Note: The provisions of this §78.10 adopted to be effective April 1, 2021, 46 TexReg 2011." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201028", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "78", "label": "SCOPE OF PRACTICE AND DELEGATION" }, "rule": { "number": "§78.14", "label": "Acupuncture" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201029", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acupuncture, and the related practices of acupressure and meridian therapy, includes methods for diagnosing and treating a patient by stimulating specific points on or within the musculoskeletal system by various means, including manipulation, heat, cold, pressure, vibration, laser, ultrasound, light electrocurrent, and the insertion of acupuncture needles or solid filiform needles for the purpose of obtaining a bio-positive reflex response by nerve stimulation.(b) A licensee shall practice acupuncture only after obtaining a permit from the Texas Board of Chiropractic Examiners (Board).(c) The Board shall place on each renewal license to practice chiropractic a statement that a licensee who has met all Board requirements is permitted to practice acupuncture.(d) A licensee with an acupuncture permit may not delegate the performance of acupuncture.(e) A licensee in good standing with the Board may obtain an acupuncture permit by:(1) completing at least 100 hours of acupuncture training and passing the National Board of Chiropractic Examiners' acupuncture exam;(2) demonstrating that the licensee had a chiropractic license and passed an exam in a 100 hour acupuncture course before January 1, 2010; or(3) demonstrating that the licensee completed substantial acupuncture training before January 1, 2000, and practiced acupuncture for at least ten years before January 1, 2010.(f) A licensee permitted to practice acupuncture must complete a minimum of eight (8) hours in Board-approved acupuncture courses every biennium.(g) A licensee may apply for an acupuncture permit by submitting a written request to the Board.(h) A licensee practicing acupuncture shall not advertise in a manner that suggests the licensee possesses a license to practice acupuncture issued by the Texas State Board of Acupuncture Examiners, including using any of the terms \"acupuncturist,\" \"licensed acupuncturist,\" \"L.Ac.,\" \"Traditional Chinese Medicine,\" or \"degreed in acupuncture.\"(i) A licensee's advertising may include the terms \"Board Certified\" or \"Board Certified in Chiropractic Acupuncture\" if it also clearly identifies the nationally recognized certifying board and credentials.(j) Approved programs in clinical acupuncture or meridian therapy offered by accredited chiropractic colleges or universities are designed for doctors of chiropractic and other disciplines. These courses are not intended as a substitute for a full curriculum teaching traditional Chinese medicine; rather they focus on the principle, theory, scientific findings, and practical modern application of acupuncture as currently practiced by doctors of chiropractic.(k) The practice of acupuncture by a licensee who has not complied with the requirements of this section constitutes unprofessional conduct and subjects the licensee to disciplinary action.", "sourceNote": "Source Note: The provisions of this §78.14 adopted to be effective December 5, 2018, 43 TexReg 7763; amended to be effective June 6, 2019, 44 TexReg 2709; amended to be effective September 10, 2020, 45 TexReg 6232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201029", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "79", "label": "UNPROFESSIONAL CONDUCT" }, "rule": { "number": "§79.1", "label": "Inappropriate Sexual Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee, or a chiropractic college student or recent graduate employed by or under the supervision of a licensee, may not:(1) engage in a consensual sexual relationship with a patient;(2) inappropriately touch an individual's genitals, anus, or breasts;(3) make any statements, gestures, or expressions, using any means, towards an individual which may reasonably be interpreted as sexual in nature;(4) request unnecessary details of an individual's sexual history or sexual preferences;(5) request to initiate an intimate relationship with a patient;(6) discuss the licensee's sexual desires, problems, preferences, or fantasies;(7) request sexual acts or favors in exchange for services;(8) inappropriately expose genitalia or other customarily covered body parts to an individual; or(9) masturbate in the presence of an individual.(b) It is a defense to disciplinary action under subsection (a)(1) of this section if the consensual sexual relationship began more than three months after the doctor-patient relationship ended, or existed before the doctor-patient-relationship began.(c) It is not a defense to subsection (a)(2) to (9) of this section if the acts occurred:(1) with the individual's consent; or(2) outside the place of business used for the practice of chiropractic.(d) A licensee, student, or recent graduate is subject to disciplinary action for violating this section.", "sourceNote": "Source Note: The provisions of this §79.1 adopted to be effective September 13, 2020, 45 TexReg 6232." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208239", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "79", "label": "UNPROFESSIONAL CONDUCT" }, "rule": { "number": "§79.2", "label": "Lack of Diligence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201030", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may not:(1) perform or attempt to perform procedures for which the licensee is untrained;(2) delegate responsibilities to an untrained individual;(3) physically harm or allow physical harm to an individual;(4) abandon a patient without reasonable cause and adequate notice; or(5) expose an individual to unsafe or unsanitary conditions.(b) A licensee who violates this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §79.2 adopted to be effective March 20, 2022, 47 TexReg 1456." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201030", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "79", "label": "UNPROFESSIONAL CONDUCT" }, "rule": { "number": "§79.3", "label": "Financial Misconduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198741", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may not commit fraud in the charging or billing of goods or services.(b) A licensee may not charge or bill a patient or a third party for goods or services that are clearly excessive.(c) A licensee may not submit a claim for goods or services that are not sold or rendered.(d) A licensee who violates this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §79.3 adopted to be effective September 13, 2020, 45 TexReg 6233." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198741", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "79", "label": "UNPROFESSIONAL CONDUCT" }, "rule": { "number": "§79.4", "label": "Impaired Licensees and Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209242", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may require a licensee to undergo a mental or physical examination by a Board-designated health care provider if the Board has reasonable cause to believe the licensee is impaired.(b) A licensee is impaired if the licensee is unable to practice chiropractic with reasonable skill and safety because of substance abuse or any mental or physical condition.(c) The Board may require an applicant for a license to undergo an examination under subsection (a) of this section as a condition of licensure.(d) Reasonable cause includes:(1) a sworn statement from an individual with actual knowledge of relevant facts that a licensee is impaired;(2) evidence that a licensee or applicant left a substance abuse treatment program before completion;(3) evidence of repeated arrests for intoxication or offenses in which intoxication is a factor;(4) evidence of repeated temporary mental health confinements;(5) evidence of a chronic illness or condition that prevents an individual from safely practicing chiropractic; or(6) any other evidence the Board believes shows a licensee or applicant is a danger to the public.(e) The Board shall treat the results of any examination conducted under subsection (a) of this section as confidential.(f) If necessary, the Board may use the results of an examination under subsection (a) of this section as grounds to revoke or suspend a license or to place a license on probation.(g) If necessary, the Board may use the results of an examination under subsection (a) of this section as grounds to deny an application for a license or to impose restrictions on a license if granted.(h) To the extent consistent with the Board's duty to protect the public, the Board shall assist any individual who self-reports a substance abuse or mental health problem to retain or be granted a license.", "sourceNote": "Source Note: The provisions of this §79.4 adopted to be effective March 12, 2020, 45 TexReg 1717." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209242", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "79", "label": "UNPROFESSIONAL CONDUCT" }, "rule": { "number": "§79.5", "label": "Associating with an Unlicensed Individual" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209243", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the practice of chiropractic, a licensee may not knowingly employ, contract with, or associate with an individual whose license to practice chiropractic has been:(1) suspended;(2) revoked; or(3) surrendered in lieu of discipline.(b) In the practice of chiropractic, a licensee may not knowingly employ, contract with, or associate with an individual who has been convicted of the unlawful practice of chiropractic in any jurisdiction.(c) A licensee may not aid or abet the practice of chiropractic by an unlicensed individual.(d) A licensee violating this section is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §79.5 adopted to be effective June 13, 2022, 47 TexReg 3463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209243", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.1", "label": "Duty to Respond to Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201031", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall fully cooperate with the Board in its investigation of any complaint.(b) A licensee shall fully cooperate with any Board request for information or documents relating to any complaint.(c) The Board shall send notice of a complaint by registered mail to a licensee's physical address on file with the Board.(d) A licensee's last known physical and email address filed with the Board is presumed current.(e) A licensee's response to a complaint or request for information or documents shall be in writing and sent to the Board no later than the 15th day after receipt of the notice of complaint or request.(f) A licensee's response to a complaint or request for information or documents shall be complete.(g) A licensee shall make any request to extend the time to respond in writing before the deadline in subsection (e) of this section expires.(h) A licensee who fails to timely respond to a complaint or request is subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §80.1 adopted to be effective October 3, 2019, 44 TexReg 5621; amended to be effective June 13, 2022, 47 TexReg 3464." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201031", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.2", "label": "Complaint Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may file a complaint on the complaint form available on the Board's website or upon request to the Board office.(b) The Board shall investigate all complaints.(c) A complaint shall contain all necessary information available, including:(1) the complainant's name, address, phone number, and email address;(2) the name, address, phone number, and email address of the licensee or other person against whom the complaint is made;(3) the date, time, and location where the alleged violation occurred; and(4) a description of the incident giving rise to the complaint.(d) A complainant shall cooperate in the investigation of a complaint.(e) The Board's executive director may dismiss a complaint if:(1) the allegation is not under the Board's jurisdiction;(2) the complainant is uncooperative;(3) the complainant withdraws the complaint in writing;(4) there are insufficient facts or evidence to support the allegation; or(5) continued investigation could interfere with a criminal investigation or judicial proceeding.(f) The Board shall notify a complainant within 30 days if a complaint is dismissed under subsections (e) and (l) of this section.(g) The Board shall prioritize investigations of complaints that allege criminal acts or serious physical or economic harm to patients.(h) Board staff may initiate complaints.(i) The Board president shall appoint an Enforcement Committee to initially consider all complaints not dismissed under subsection (e) of this section.(j) The executive director, under the direction of the Enforcement Committee, shall oversee all investigations.(k) Upon completion of an investigation, staff shall present their evidence and recommendation to the Enforcement Committee.(l) Based on Board staff's evidence and recommendation, the Enforcement Committee shall:(1) find no violation occurred and dismiss the complaint;(2) order additional investigation; or(3) find a violation occurred.(m) If the Enforcement Committee finds a violation occurred, staff shall send written notice within 14 days to the licensee or other person that includes:(1) the specific statutes or rules that were violated;(2) a description of the facts and evidence supporting the finding of a violation;(3) the maximum penalty under the law the licensee may be subject to;(4) how the licensee can request an administrative hearing to contest the alleged violation; and(5) the process for informally settling the complaint without an administrative hearing, including an informal conference if the committee requests one.(n) A licensee shall respond in writing to the notice of violation within 20 days of receipt.(o) If possible, staff shall seek to informally settle a complaint without an administrative hearing.", "sourceNote": "Source Note: The provisions of this §80.2 adopted to be September 13, 2020, 45 TexReg 6234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209244", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.3", "label": "Disciplinary Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204352", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may take disciplinary action against a licensee or other person who violates a statute or rule under the Board's jurisdiction.(b) The Board's disciplinary actions shall consider the seriousness of the violation, any harm to a patient, the circumstances of the licensee, and the Board's duty to protect the public.(c) Disciplinary action may include one or more of the following:(1) revocation of license;(2) suspension of license;(3) suspension with probation;(4) written formal reprimand;(5) administrative penalty;(6) repeat taking of the jurisprudence exam; and(7) additional continuing education.(d) The Board may impose additional conditions or restrictions to aid a licensee's rehabilitation and education, including:(1) completion of specific continuing education beyond the minimum required of all licensees;(2) passing a specific examination;(3) restrictions on the type of treatment, treatment procedures, or class of patients to be treated;(4) restrictions on the supervision of others; or(5) undergoing a psychological or medical evaluation and undergoing any recommended treatment.(e) During a suspension, a licensee may not:(1) receive any remuneration from the practice of chiropractic;(2) communicate with any patients other than to ensure continuation of care;(3) provide any chiropractic services to any person; or(4) be present at any location where chiropractic services are provided.(f) The Board shall memorialize all final disciplinary actions in a Board order.(g) All Board final disciplinary actions are public record unless otherwise exempted by law.(h) The Board shall publish final disciplinary actions.(i) The Board shall transmit all final disciplinary actions involving criminal acts, physical or economic harm to patients, or serious violations of statute or rule to the Chiropractic Information Network-Board Action Data Bank (CIN-BAD) or other national data bank as required by law.(j) To the extent allowed by law, the Board shall only transmit final disciplinary actions that involve criminal acts, physical or economic harm to patients, or serious violations of statute or rule.(k) The Board shall consider reinstating a license that has been finally revoked for more than a year.(l) The Board may deny reinstatement of a revoked license or grant reinstatement with or without conditions.(m) A person who fails to comply with any term of an agreed order approved by the Board shall be subject to disciplinary action for failure to follow a final Board order.", "sourceNote": "Source Note: The provisions of this §80.3 adopted to be effective October 3, 2019, 44 TexReg 5622; amended to be effective June 13, 2022, 47 TexReg 3464." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204352", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.4", "label": "Schedule of Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214902", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following table contains the categories of penalties for violations of statutes and laws under the Board's jurisdiction. Attached Graphic(b) All violations of statutes and rules under the Board's jurisdiction are subject to a maximum penalty of up to $1000 per violation per day and license revocation.(c) \"Category I\" means violations the Board shall report to national practitioner databases as required by law.(d) \"Category II\" means violations the Board shall report to national practitioner databases only if the violation is egregious or the licensee has a significant history of similar administrative violations.(e) Any violation of statute or rule not listed in the attached graphic under subsection (a) of this section is subject to the penalties in subsection (b) of this section.", "sourceNote": "Source Note: The provisions of this §80.4 adopted to be effective April 1, 2021, 46 TexReg 2011." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214902", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.5", "label": "Peer Review Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197256", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) During the investigation of a complaint, the Enforcement Committee may order the outside peer review of a licensee's standard of patient care or billing practices.(b) To qualify as a peer reviewer, a person shall:(1) have an active license with the Board or appropriate professional credentials;(2) have no prior violations of Board statutes or rules;(3) have no open complaints;(4) have no felony convictions or misdemeanor convictions for a crime of moral turpitude;(5) show sufficient training or experience to offer an informed opinion;(6) show knowledge of accepted standards of chiropractic care in Texas or other professional standards related to the alleged violation; and(7) have an acceptable malpractice complaint history.(c) A peer reviewer may not review a complaint if the peer reviewer has:(1) a direct financial interest or relationship with any party or witness to the complaint that gives the appearance of a conflict of interest;(2) a familial relationship within the third degree of affinity with any party or witness;(3) personal knowledge of any information about any party or witness related to the complaint; or(4) any other reason where the peer reviewer could not fairly and impartially consider the complaint.(d) The Board shall maintain a list of peer reviewers and shall periodically audit the list to confirm their qualifications.(e) Board staff shall select a peer reviewer when an investigator identifies a standard of care or other professional standard beyond the expertise of staff in the complaint.(f) Board staff shall randomly select a peer reviewer from the list based on the peer reviewer's qualifications to review the type of complaint.(g) The executive director shall remove a peer reviewer from the list for:(1) failure to maintain the required qualifications;(2) failure to timely complete reports;(3) failure to inform the Board of potential or apparent conflicts of interest; or(4) failure to maintain the confidentiality of any matter.(h) The Board shall provide to the peer reviewer:(1) the complaint;(2) the investigator's report;(3) the Board's peer review report form; and(4) a contract for services.(i) The peer reviewer shall review all relevant information to determine if a licensee violated the applicable standard of care in Texas or other professional standard and prepare a written report.(j) The peer reviewer's report shall include:(1) the peer reviewer's qualifications;(2) the relevant facts of the complaint;(3) the applicable standard of care or other professional standard;(4) an application of the standard of care in Texas or other professional standard to the facts;(5) a finding of whether the standard of care or other professional standard was met; and(6) the clinical basis for the findings, including the use of any peer-reviewed journals, studies, or reports.(k) A peer reviewer may not offer a legal opinion as to whether a particular statute, Board rule, or other law was violated.(l) A peer reviewer may not offer an opinion on the legal liability of any individual for an injury sustained by a patient.(m) The peer reviewer shall complete and return the review to the Board within 30 days, unless the peer reviewer requests more time due to the complaint's complexity.(n) The Board shall give the peer reviewer's report to the licensee within 30 days of receipt.(o) The Enforcement Committee shall consider the report and the licensee's response in determining if a violation occurred.(p) The Enforcement Committee may order additional peer reviews if necessary.", "sourceNote": "Source Note: The provisions of this §80.5 adopted to be effective August 31, 2023, 48 TexReg 4663." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197256", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.6", "label": "Undercover Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196729", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall permit undercover investigations only when other investigative techniques have failed or are not appropriate.(b) If an undercover investigation is needed, a Board investigator shall submit to the Enforcement Committee a written request containing:(1) the specific complaint;(2) the information which the investigator believes an undercover investigation may reveal;(3) the relevance of the information;(4) why other techniques have not been successful or are not appropriate;(5) the investigative acts to be performed.(c) The Enforcement Committee shall evaluate the request and make its decision in writing.(d) If the request is approved, the executive director shall be responsible for the investigation until undercover activities are completed.", "sourceNote": "Source Note: The provisions of this §80.6 adopted to be effective December 9, 2019, 44 TexReg 7534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196729", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.7", "label": "Cease and Desist Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214901", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board delegates authority to the Enforcement Committee to issue cease and desist orders against individuals practicing chiropractic without a license.", "sourceNote": "Source Note: The provisions of this §80.7 adopted to be effective October 3, 2019, 44 TexReg 5624." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214901", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.8", "label": "Board Member and Staff Initiated Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196731", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Board member or staff shall notify the Board's executive director in writing of any potential violation by an individual of a statute or rule under the Board's jurisdiction.(b) The executive director shall evaluate the written statement (and any supporting evidence) of the Board member or staff about the potential violation within five days of receipt.(c) If the executive director determines there is sufficient grounds to begin a formal complaint, the executive director shall forward the written statement (and any supporting evidence) to the Board's director of enforcement with instructions to open an investigation.(d) The director of enforcement shall name both the executive director and the Board member or staff as the complainant in an investigation opened under this section.(e) A Board member who initiates a complaint under this section shall recuse himself from any consideration of the complaint by the Board.(f) A Board member or staff who initiated a complaint under this section shall respond to a request for additional information by a Board investigator or the Enforcement Committee only in writing.", "sourceNote": "Source Note: The provisions of this §80.8 adopted to be effective August 31, 2023, 48 TexReg 4664." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196731", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.9", "label": "Temporary License Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198742", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Enforcement Committee may temporarily suspend a license if the committee reasonably believes a licensee is a continuing or imminent threat to the public.(b) The Board delegates authority to the executive director to sign temporary suspension orders on behalf of the Enforcement Committee after the committee votes to suspend a license.(c) The Enforcement Committee may dissolve a previously-issued temporary suspension order at any time.(d) A temporary suspension may occur without notice if a hearing on the suspension is scheduled at the State Office of Administrative Hearings (SOAH) not later than the 14th day after the date of suspension.(e) At the 14-day hearing, the only issue is whether the temporary suspension should remain in effect.(f) If the SOAH administrative law judge (ALJ) finds the Board has reasonable information that the licensee is a continuing or imminent threat to the public, the ALJ shall issue an order to keep the temporary suspension in effect pending the initiation of disciplinary proceedings against the licensee.(g) A second hearing on the suspension shall be held not later than the 60th day after the date the suspension was ordered.(h) The 60-day hearing shall determine only whether the suspension shall remain in effect pending the final determination of disciplinary proceedings against the licensee.(i) If the 60-day hearing is not timely held, the suspension is dissolved.(j) A temporary suspension shall automatically dissolve on the 61st day after the date the suspension was ordered if the Board has not served a notice of hearing for disciplinary action against the licensee for acts that were the basis for the suspension.(k) The Board shall notify a licensee of a suspension by certified mail, regular mail, and email.(l) A licensee may waive the 14-day or 60-day hearings.(m) A licensee may not practice chiropractic during a temporary suspension.", "sourceNote": "Source Note: The provisions of this §80.9 adopted to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198742", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.10", "label": "Time Limits for Filing a Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201032", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board may dismiss a complaint alleging only a violation of a Board rule if the acts forming the basis for the complaint occurred more than 6 years before the date the complaint was filed.", "sourceNote": "Source Note: The provisions of this §80.10 adopted to be effective March 12, 2020, 45 TexReg 1717." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201032", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.11", "label": "Informal Settlement Conferences" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201994", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After following the provisions of §80.2 of this title (relating to Complaint Procedures), the Enforcement Committee may invite a licensee to attend an informal conference to seek to settle a complaint.(b) The Enforcement Committee shall notify a licensee of an invitation to attend an informal conference as part of a notice of violation through regular mail and email.(c) A licensee shall respond in writing to the Enforcement Committee's notice of violation and invitation within 20 days from the date it was sent by the Board.(d) Board staff shall docket a contested case with the State Office Administrative Hearings (SOAH) against the licensee if the licensee fails to respond or declines the notice of violation and invitation.(e) The Enforcement Committee may withdraw an invitation to an informal conference at any time.(f) The Enforcement Committee may invite a complainant to attend an informal conference.(g) In its discretion, the Enforcement Committee may hold an informal conference in-person, or by telephone, video conference, or any other electronic means.(h) The chairman of the Enforcement Committee may select one or more members of the committee to hold the informal conference.(i) A staff attorney shall attend all informal conferences.(j) A licensee may be represented by an attorney.(k) After the conclusion of the informal conference, the Enforcement Committee may:(1) dismiss the complaint;(2) direct staff to further investigate the complaint;(3) modify the original notice of violation; or(4) direct staff to docket a contested case with SOAH.(l) Any member of the Enforcement Committee who attends an informal conference that results in a final Proposal for Decision (PFD) after a hearing at SOAH shall recuse himself from any consideration and discussion of the PFD by the Board in a formal meeting.", "sourceNote": "Source Note: The provisions of this §80.11 adopted to be effective September 13, 2020, 45 TexReg 6234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201994", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "80", "label": "COMPLAINTS" }, "rule": { "number": "§80.12", "label": "Retention of Complaint Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209255", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board shall maintain all information concerning complaints in accordance with the agency's current records retention schedule as approved by the Texas State Library and Archives Commission.", "sourceNote": "Source Note: The provisions of this §80.12 adopted to be effective December 9, 2020, 45 TexReg 8774." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209255", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "81", "label": "ENFORCEMENT ACTIONS AND HEARINGS" }, "rule": { "number": "§81.2", "label": "Notice for Enforcement and Other Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200470", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall file a docket request with the State Office of Administrative Hearings (SOAH) for any enforcement or other case requiring a formal hearing.(b) All hearings shall be conducted in accordance with the Administrative Procedures Act (Texas Government Code Chapter 2001) and SOAH's rules of procedures (1 Texas Administrative Code Chapter 155).(c) In an enforcement case where the Board has the burden of proof, the Board is the petitioner and the licensee or other person against whom a complaint has been filed is the respondent.(d) In a case where the Board does not have the burden of proof, the licensee or other person is the petitioner and the Board is the respondent.(e) The Board shall provide notice to a respondent not less than 10 days before the hearing.(f) The notice shall contain a citation to 1 Texas Administrative Code Chapter 155 and include:(1) a statement of the time, place, and nature of the hearing;(2) a statement of the legal authority and jurisdiction under which the hearing is being held;(3) a reference to the specific sections of Texas Occupations Code Chapter 201, Board rules (22 Texas Administrative Code Chapters 71 - 82), or other law or rules which the respondent is alleged to have violated; and(4) a statement of the alleged acts relied on by the Board as a violation of the law and rules.(g) The Board shall serve the notice of hearing and formal complaint on the respondent at the respondent's last known address on file with the Board.(h) The Board shall serve the notice of hearing and formal complaint by regular mail and email.(i) SOAH acquires jurisdiction over an enforcement case when the Board files a docket request.", "sourceNote": "Source Note: The provisions of this §81.2 adopted to be effective June 30, 2020, 45 TexReg 4029; amended to be effective June 13, 2022, 47 TexReg 3465." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200470", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "81", "label": "ENFORCEMENT ACTIONS AND HEARINGS" }, "rule": { "number": "§81.5", "label": "Appearance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199746", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A respondent shall enter an appearance by filing a written answer or other pleading with the State Office of Administrative Hearings, with a copy to the Board, within 20 days of the date on which the notice of hearing and formal complaint was served.(b) A respondent's failure to timely enter an appearance shall entitle the Board to a continuance at the hearing.(c) The notice of hearing must contain the following in capital letters in 10-point boldface type: FAILURE TO ENTER AN APPEARANCE BY FILING A WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING TO THE NOTICE OF HEARING AND FORMAL COMPLAINT WITHIN 20 DAYS OF THE DATE THIS NOTICE WAS MAILED SHALL ENTITLE THE BOARD TO A CONTINUANCE AT THE TIME OF THE HEARING.", "sourceNote": "Source Note: The provisions of this §81.5 adopted to be effective June 30, 2020, 45 TexReg 4030." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199746", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "81", "label": "ENFORCEMENT ACTIONS AND HEARINGS" }, "rule": { "number": "§81.6", "label": "Default Judgment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199748", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a respondent fails to appear on the day and time set for the hearing, regardless of whether an appearance has been entered, the Administrative Law Judge, on the Board's motion and adequate proof of proper notice having been served on the respondent, shall enter a default judgment against the respondent.(b) A default judgment will be entered based on the factual allegations in the notice of hearing and upon proof of proper notice to the respondent.(c) In order for a default judgment to be entered, the notice of hearing shall include the following in capital letters in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE HAS BEEN ENTERED, WILL RESULT IN THE FACTUAL ALLEGATIONS CONTAINED IN THE NOTICE OF HEARING BEING ADMITTED AS TRUE AND THE PROPOSED RELIEF REQUESTED BY THE BOARD SHALL BE GRANTED BY DEFAULT.", "sourceNote": "Source Note: The provisions of this §81.6 adopted to be effective June 30, 2020, 45 TexReg 4030." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199748", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "81", "label": "ENFORCEMENT ACTIONS AND HEARINGS" }, "rule": { "number": "§81.7", "label": "Depositions, Subpoenas, and Witness Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199747", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On the written request of any party, the executive director may issue a commission for a deposition or a subpoena to require the attendance of witnesses or the production of tangible items in a contested case.(b) If the commission or subpoena is for a witness to attend a deposition or a hearing, the written request shall contain the name and address of the witness and the date and location where the witness must appear.(c) If the subpoena is for the production of tangible items, the written request shall contain a description of the items, the name and address of the person who has custody of the items, and the date and location where they must be produced.(d) Each subpoena request shall contain a statement why it should be issued.(e) The executive director shall issue a subpoena if there is good cause.(f) The executive director, with the Enforcement Committee's approval, may issue a commission or subpoena before filing a formal complaint if it is necessary to preserve evidence and testimony or to investigate any potential violations of the law or Board rules.(g) A witness who is not a party and who is subpoenaed to appear at a deposition or hearing is entitled to reimbursement for expenses in accordance with Texas Government Code §2001.103, or the State of Texas Travel Allowance Guide, whichever is greater.(h) A party requesting a commission or subpoena shall deposit funds with the Boards sufficient to cover the anticipated expenses for complying with the subpoena.(i) The executive director may not issue a party's subpoena or commission until sufficient funds are deposited.(j) A witness shall be reimbursed if the witness submits valid receipts.(k) The Board shall return all unused funds to the party who deposited them.", "sourceNote": "Source Note: The provisions of this §81.7 adopted to be effective June 30, 2020, 45 TexReg 4031." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199747", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "81", "label": "ENFORCEMENT ACTIONS AND HEARINGS" }, "rule": { "number": "§81.8", "label": "Hearing Exhibits and Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199749", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Every hearing shall be recorded by a court reporter unless the parties agree otherwise and not required by the State Office of Administrative Hearings (SOAH) rules.(b) The party requesting a transcript shall pay the cost of the transcript.(c) A party who appeals a final Board decision shall pay the preparation costs of the original and any certified copy of the record required to be transmitted to the reviewing court.(d) The record shall include:(1) all pleadings filed with the Board or the Administrative Law Judge (ALJ);(2) all exhibits admitted by the ALJ;(3) a statement of the matters officially noticed;(4) questions and offers of proof, objections, and rulings;(5) the ALJ's Proposal for Decision;(6) all written rulings or orders by the ALJ;(7) all correspondence filed with the ALJ;(8) the transcribed statement of facts; and(9) the Board's final order.(e) In determining the cost of preparing the record, the Board shall use the same procedure as the Board would in responding to an open records request under the Public Information Act.", "sourceNote": "Source Note: The provisions of this §81.8 adopted to be effective June 30, 2020, 45 TexReg 4031." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199749", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "81", "label": "ENFORCEMENT ACTIONS AND HEARINGS" }, "rule": { "number": "§81.9", "label": "Proposal for Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199750", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After the conclusion of the hearing, the Administrative Law Judge (ALJ) shall prepare and serve on the parties a proposal for decision (PFD) that includes the ALJ's findings of fact and conclusions of law.(b) In the PFD, the ALJ may recommend an appropriate disciplinary sanction, either that sought by the Board or another sanction, in accordance with Board rules if the ALJ found a violation of statutes or rules under the Board's jurisdiction.(c) Any party adversely affected by the PFD may file exceptions and a supporting brief to the ALJ within 15 days after the PFD's date of service.(d) The other party may file a response to exceptions within 15 days of the filing of exceptions.(e) All parties shall also serve exceptions and response on the opposing party.", "sourceNote": "Source Note: The provisions of this §81.9 adopted to be effective June 30, 2020, 45 TexReg 4032." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199750", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "81", "label": "ENFORCEMENT ACTIONS AND HEARINGS" }, "rule": { "number": "§81.10", "label": "Final Board Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192848", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Proposals for decision (PFD), final Board orders, and motions for rehearing are governed by Texas Government Code Chapter 2001.(b) The Board shall render the final decision in all cases.(c) The Board's final order shall be written.(d) A party may submit to the Board a proposed final order based on the Administrative Law Judge's (ALJ) PFD.(e) The Board shall determine the form and content of any final order.(f) The Board may act on the PFD after the 10th business day after the filing of replies to exceptions to the PFD.(g) The Board may change recommended findings of fact or conclusions of law in a PFD or vacate or modify an order issued by an ALJ if the Board finds:(1) the ALJ did not properly apply or interpret applicable law or rules, board policies, or prior administrative decisions;(2) a prior administrative decision by the Board on which the ALJ relied is incorrect or should be changed; or(3) a technical error in a finding of fact should be changed.(h) If the Board modifies, amends, or changes a recommended finding of fact, or conclusion of law, or order of the ALJ, the Board's final order shall state the legal basis and the specific reasons for the change.(i) A copy of the final order shall be mailed to all parties, unless service by electronic means has been agreed to.(j) The Board's order is final and appealable if:(1) a motion for rehearing is timely filed with the Board and the motion is either overruled by the Board or by operation of law; or(2) the Board states in the order an imminent threat to the public requires the order to have immediate effect.(k) A party may appeal a final Board order to a Travis County district court.", "sourceNote": "Source Note: The provisions of this §81.10 adopted to be effective June 30, 2020, 45 TexReg 4032." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192848&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192848", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "82", "label": "INTERNAL BOARD PROCEDURES" }, "rule": { "number": "§82.1", "label": "Dual Office Holding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192849", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Government Code Chapter 574 (regarding Dual Office Holding), an employee of the Board who is a non-elective state officer may not accept an offer to serve in another non-elective office unless the officer obtains from the Board a finding that the officer has satisfied Article XVI, Section 40, of the Texas Constitution.(b) The minutes of the Board meeting will include the finding that was made and any compensation that the non-elective officer is to receive from holding the additional office, including salary, bonus, or per diem payment.", "sourceNote": "Source Note: The provisions of this §82.1 adopted to be effective September 13, 2015, 40 TexReg 5788; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192849", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "82", "label": "INTERNAL BOARD PROCEDURES" }, "rule": { "number": "§82.2", "label": "Merit Selection Principles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192850", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Government Code Chapter 655 (regarding Merit Selection Principles), the following principles will be effective if the Board becomes required by federal law or regulation to use a merit system of personnel administration for the Board or for a program administered under the Board.(b) The Board shall establish policies and procedures to ensure compliance with the federal requirements; and the recruitment, selection, and advancement of highly competent Board personnel.(c) The Board shall ensure that it:(1) recruits, selects, and promotes its employees according to the relative abilities, knowledge, and skills of the applicants or employees;(2) provides equitable and adequate compensation to an employee;(3) provides any employee training necessary to ensure performance of a high quality;(4) uses the adequacy of an employee's job performance to determine whether the employee will be retained;(5) treats a job applicant or employee fairly in all aspects of personnel administration;(6) complies fully with state and federal equal opportunity and nondiscrimination laws;(7) protects an employee against coercion for partisan political purposes and prohibits the employee from using employment status to interfere with or affect the result of an election or nomination for office; and(8) implements any additional merit principles required by federal law or regulation.", "sourceNote": "Source Note: The provisions of this §82.2 adopted to be effective September 13, 2015, 40 TexReg 5788; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192850", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "82", "label": "INTERNAL BOARD PROCEDURES" }, "rule": { "number": "§82.3", "label": "Sick Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209256", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Government Code Chapter 661, Subchapter A (regarding Sick Leave Pool), the Board authorizes a sick leave pool program to allow a Board employee to voluntarily transfer earned sick leave to a pool for use by other employees.(b) The executive director or designee shall administer the sick leave pool.(c) The prescribed procedures relating to the operation of the sick leave pool will be itemized in the Board's Employee Handbook .", "sourceNote": "Source Note: The provisions of this §82.3 adopted to be effective September 13, 2015, 40 TexReg 5788; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209256", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "82", "label": "INTERNAL BOARD PROCEDURES" }, "rule": { "number": "§82.4", "label": "Family Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192852", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board establishes a family leave pool in accordance with Government Code §§661.021 - 661.028.(b) The Board's executive director shall administer the family leave pool.(c) The executive director shall develop and prescribe operating procedures for the family leave pool and include them in the agency's personnel manual.", "sourceNote": "Source Note: The provisions of this §82.4 adopted to be effective June 13, 2022, 47 TexReg 3465." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192852", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "82", "label": "INTERNAL BOARD PROCEDURES" }, "rule": { "number": "§82.5", "label": "Contract Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192853", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contract monitoring, when applicable, is primarily conducted by the administrative staff of the Board under the authority and direction of Government Code §2261.202.(b) The Board's chief financial officer is responsible for maintaining a record of contracts requiring enhanced contract or performance monitoring, as defined in Government Code §2261.253, for submission to the Board.(c) The Board's chief financial officer shall immediately notify the Board or the executive director, as appropriate, of any serious issue or risk that is identified with respect to a contract monitored under subsection (c) of Government Code §2261.253.", "sourceNote": "Source Note: The provisions of this §82.5 adopted to be effective November 24, 2015, 40 TexReg 8217; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192853", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "82", "label": "INTERNAL BOARD PROCEDURES" }, "rule": { "number": "§82.6", "label": "Tuition Reimbursement Payments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Government Code Chapter 656 (regarding Job Notices and Training), the Board may spend public funds as appropriate to pay the salary, tuition and other fees, travel and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student or other participant in a training or education program.(b) An administrator or employee of the Board may seek reimbursement for a training or education program offered by an institution of higher education or private or independent institution of higher education as defined by §61.003 of the Texas Education Code. Such reimbursement shall be conditioned upon the successful completion by the administrator or employee of the program course at an accredited institution of higher education.(c) Reimbursement tuition payments must be authorized by the Board's executive director prior to the disbursement of payment.", "sourceNote": "Source Note: The provisions of this §82.6 adopted to be effective November 24, 2015, 40 TexReg 8217; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214900", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "3", "label": "TEXAS BOARD OF CHIROPRACTIC EXAMINERS" }, "chapter": { "number": "82", "label": "INTERNAL BOARD PROCEDURES" }, "rule": { "number": "§82.7", "label": "Employee Equity Salary Adjustments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119065", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Senate Bill 1 (General Appropriations Act), Article IX, Section 3.07 (87th Legislature - Regular Session, 2021) or successor provisions, the Board's executive director may adjust the salary rate of an employee whose position is classified under the position classification plan to any rate within the employee's salary group range as necessary to maintain desirable salary relationships:(1) between and among employees of the Board; or(2) between employees of the Board and employees who hold similar positions in the relevant labor market.(b) In determining desirable salary relationships under subsection (a) of this section, the executive director shall consider the education, skills, related work experience, length of service, and job performance of Board employees and similar employees in the relevant labor market.(c) The executive director may award an equity adjustment to an employee under this section only if the adjustment does not conflict with other law.(d) The executive director's analysis under subsection (b) of this section shall be in writing.", "sourceNote": "Source Note: The provisions of this §82.7 adopted to be effective August 31, 2023, 48 TexReg 4664." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119065", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.1", "label": "Introduction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119066", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Name. The State Board of Dental Examiners, referred to as the \"board,\" is a decision-making board appointed by the governor of the State of Texas in compliance with Chapter 252 of the Occupations Code, and the Texas Constitution.(b) Location. The administrative offices shall be located in Austin, Texas.(c) Legal authority. The board is established pursuant to Occupations Code, Chapter 252.(d) Composition. The board shall be composed of those persons appointed by the Governor with the advice and consent of the senate.(e) Fiscal year. For all fiscal and administrative purposes, the reporting year of the board shall be identical to that of the State of Texas.", "sourceNote": "Source Note: The provisions of this §100.1 adopted to be effective February 20, 2005, 30 TexReg 715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119066", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.2", "label": "Purpose and Functions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187545", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of the board is to safeguard the health and safety of Texans by developing and maintaining programs to:(1) Ensure that only qualified persons are licensed to provide dental care; and(2) Ensure that violators of law and rules regulating dentistry are appropriately sanctioned.(b) Functions. The board shall perform the following functions, as outlined in Occupations Code, Chapter 254:(1) Establish standards of dental practice and regulate the practice of dentistry;(2) Interpret and enforce the Dental Practice Act and other statutes relating to the practice of dentistry, and implement the Act's intent through the promulgation and enforcement of rules, as necessary to protect the public health and safety;(3) Receive complaints and investigate possible violations of the Dental Practice Act, other statutes relating to the practice of dentistry, and board rules;(4) Discipline licensees for violations of the Dental Practice Act, other statutes relating to the practice of dentistry, and board rules through appropriate legal action;(5) Investigate infection control in the dental profession and adopt and enforce rules to control the spread of infection in the practice of dentistry as necessary to protect the public health and safety;(6) Adopt and enforce rules placing reasonable restrictions on advertising relating to the practice of dentistry;(7) Adopt rules to prohibit a dentist from engaging in contracts that allow a person who is not a dentist to influence or interfere with the exercise of the dentist's independent professional judgment;", "sourceNote": "Source Note: The provisions of this §100.2 adopted to be effective February 20, 2005, 30 TexReg 715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187545", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.3", "label": "Organization and Structure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119068", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. The board shall consist of eleven members appointed by the governor with the advice and consent of the senate, as follows:(1) six reputable dentist members who reside in this state and have been actively engaged in the practice of dentistry for at least the five years preceding appointment;(2) three reputable dental hygienist members who reside in this state and have been actively engaged in the practice of dental hygiene for at least the five years preceding appointment; and(3) two members who represent the public.(b) Privileges of office. Members of the board have full and identical privileges, except that only dentist members may participate in the decision to pass or fail an applicant for a license to practice dentistry during the clinical portion of the board examinations.(c) Terms of office. Members of the board serve staggered six-year terms. The terms of one-third of the members shall expire on February 1 of each odd-numbered year. A member may not serve more than two consecutive full terms. The completion of the unexpired portion of a term does not constitute service for a full term for purposes of this subsection.(d) Eligibility. Refer to Occupations Code §252.002.(e) Membership and employee restrictions. Refer to Occupations Code §252.003.(f) Compensation. Each member of the board is entitled to receive a per diem set by legislative appropriation for each day the member engages in board business, and may receive reimbursement for travel expenses in accordance with the travel policies of the state of Texas and the Board of Dental Examiners.(g) Professional Conduct. A board member should strive to achieve and project the highest standards of professional conduct. Such standards include:(1) A board member should avoid conflicts of interest. If a conflict of interest should unintentionally occur, the board member should recuse himself or herself from participating in any matter before the board that could be affected by the conflict.(2) A board member should avoid the use of the board member's official position to imply professional superiority or competence.(3) A board member should avoid the use of the board member's official position as an endorsement in any health care related matter.(4) A board member should refrain from making any statement that implies that the board member is speaking for the board if the board has not voted on an issue or unless the board has given the board member such authority.", "sourceNote": "Source Note: The provisions of this §100.3 adopted to be effective February 20, 2005, 30 TexReg 715; amended to be effective December 24, 2007, 32 TexReg 9627; amended to be effective March 5, 2009, 34 TexReg 1432; amended to be effective February 2, 2010, 35 TexReg 629; amended to be effective December 10, 2013, 38 TexReg 8828; amended to be effective February 7, 2018, 43 TexReg 572." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119068", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.4", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119069", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Presiding officer.(1) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor.(2) The presiding officer must be a dentist.(3) The presiding officer shall:(A) Preside over all meetings of the board;(B) Represent the board in legislative matters and in meetings with related groups;(C) Appoint standing, ad hoc, and advisory committees;(D) Perform other such duties as pertain to the position of presiding officer; and,(E) Designate a member of the board to coordinate the annual performance reviews of the executive director and evaluation of the agency.(b) Secretary. The board shall elect a secretary from its members to serve for a one-year term.", "sourceNote": "Source Note: The provisions of this §100.4 adopted to be effective February 20, 2005, 30 TexReg 715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119069", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.5", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179771", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Frequency and location. The board shall hold meetings at least twice a year at times and places the board determines.(b) Agenda. An agenda for each meeting shall be posted in accordance with the Open Meetings Act and copies shall be sent to each member of the board, Dental Hygiene Advisory Council, and Dental Laboratory Certification Council.(c) Quorum. A majority of the members of the board shall constitute a quorum for the transaction of all business at any regular or special meeting.(d) Voting. The board may act only by majority vote of its members present and voting, with each member entitled to one vote, unless a conflict of interest exists.(e) Presiding officer. In the absence of the appointed presiding officer, the secretary shall act as presiding officer. In the absence of both the appointed presiding officer and the secretary, an acting presiding officer shall be chosen by a majority of the board members present, to preside over that meeting only.(f) Parliamentary procedure. Board and committee meetings shall be conducted pursuant to the protocols contained in Robert's Rules of Order Newly Revised.(g) Minutes. Minutes of all board meetings shall be prepared and supplied to board members for their review at or prior to the next subsequent board meeting, and shall be filed with the Legislative Reference Library and the Texas State Library within 45 days of board approval of the minutes.", "sourceNote": "Source Note: The provisions of this §100.5 adopted to be effective February 20, 2005, 30 TexReg 715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179771", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.6", "label": "Executive Committee of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179772", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Executive Committee. The executive committee is a permanent and standing committee comprised of the presiding officer of the board, the secretary of the board, and the chair of each standing committee.(b) Membership. The executive committee may not exceed five members. The chairs of standing committees shall join the executive committee in order of designation as chair of their respective standing committees until the executive committee has five members. When a chair of a standing committee discontinues serving as a chair of the standing committee, a vacancy on the executive committee is filled by the chair of the standing committee who has served as chair for the longest period of time but is not yet serving on the executive committee.(c) Chair. The presiding officer is chair of the executive committee.(d) The responsibilities and authority of the executive committee shall include the duties and powers described below and other responsibilities and charges as needed by the board or the agency:(1) ensure records are maintained related to the membership, meetings, recommendations, and actions of all committees, and ensure such information is accessible to the public on the agency's website;(2) discuss and delegate tasks to other committees;(3) take action on matters of urgency that may arise between board meetings, including the delegation of proceedings pursuant to Tex. Occ. Code §263.004 to an ad hoc subcommittee of the executive committee;(4) assist in the presentation of information concerning the board and the regulation of the practice of dentistry to the Legislature and other state officials;(5) review staff reports regarding finances and the budget;(6) formulate and make recommendations to the board concerning future board goals and objectives and the establishment of priorities and methods for their accomplishment;(7) study and make recommendations to the board regarding the roles and responsibilities of the board members and board committees;(8) study and make recommendations to the board regarding ways to improve the efficiency and effectiveness of the administration of the board;(9) study and make recommendations to the board regarding board rules or any area of board function that, in the judgment of the committee, needs consideration; and(10) make recommendations to the board regarding matters brought to the attention of the executive committee.", "sourceNote": "Source Note: The provisions of this §100.6 adopted to be effective September 6, 2016, 41 TexReg 6692." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179772", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.7", "label": "Standing Committees of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179773", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Creation and dissolution. The board, through rule, may establish standing committees as it deems necessary. Standing committees and appointments to standing committees shall be reviewed at least annually by the board's presiding officer to determine whether there is a continuing need for the existence of a standing committee or for a board member's appointment to a standing committee.(b) Membership. The presiding officer of the board shall appoint members of the board to serve on standing committees. An appointment to a standing committee shall be made for a term of two years but may be terminated at any point by the presiding officer. Committee members may be re-appointed or replaced at the discretion of the presiding officer. At least one dentist member of the board and at least one non-dentist member of the board shall serve on each standing committee. The board's presiding officer shall be an ex-officio member of each standing committee.(c) Chair. The presiding officer shall designate one member of each standing committee to serve as chair of the standing committee. No board member shall serve as chair of more than one standing committee at a time.(d) Meetings and Participation. Each board member shall serve on at least one and no more than three standing committees, or two standing committees and the executive committee, except the presiding officer who is an ex-officio member of all standing committees.(e) Open Meetings Act. Standing committee meetings shall be open to the public and held in compliance with chapter 551 of the Texas Government Code.(f) Committee actions. The actions of standing committees are recommendations only and are not binding until ratification by the board at a regularly scheduled meeting, with the exception of permits approved by the Anesthesia Committee.(g) The following are standing committees of the board. The responsibilities and authority of these committees shall include the duties and powers described below and other responsibilities and charges that the board may delegate to these committees.(1) Anesthesia Committee.(A) review applications for level 3 and level 4 sedation/anesthesia permits and sedation/anesthesia portability permits, and make recommendations to the board concerning any proposed denial of a permit;(B) study and make recommendations to the board concerning the administration of sedation/anesthesia in dental treatment; including but not limited to permitting, regulation, and/or discipline of sedation/anesthesia permit holders, applicants, or other licensees;(C) study and make recommendations to the board concerning board rules regarding or affecting the administration of sedation/anesthesia in dental treatment; and(D) study and make recommendations to the board concerning any other issue brought to the attention of the committee.(2) Dental Practice Committee.(A) study and make recommendations to the board regarding board rules, policies, or other actions pertaining to the standard of care in the practice of dentistry;(B) study and make recommendations to the board regarding issues concerning or referred by the Dental Hygiene Advisory Committee or the Dental Lab Certification Council; and(C) study and make recommendations to the board concerning ethical issues related to the practice of dentistry.(3) Disciplinary Review Committee.(A) oversee the taking of public action by the board, including disciplinary and remedial action, and give guidance to the board and agency staff regarding improvements of the disciplinary process and effective enforcement of the Act and board rules;(B) monitor the effectiveness, appropriateness, and timeliness of the disciplinary process and enforcement of the Act and board rules;(C) make recommendations regarding rules and policies to guide agency staff and the board in their determination of appropriate action on violations of the Act and board rules;(D) make recommendations regarding resolution and disposition of specific cases;(E) make recommendations regarding the dismissals of complaints and closure of investigations;(F) make recommendations regarding the modification of prior actions of the board; and(G) make recommendations to agency staff and the board regarding policies, priorities, budget, and other matters related to the disciplinary process.(4) Licensing Committee.(A) review applications for licensure and permits, make determinations of eligibility and report to the board its recommendations as provided by the Dental Practice and board rules;(B) review board rules regarding licensure and make recommendations to the board regarding changes or implementation of such rules;(C) evaluate and approve remediation plans;(D) evaluate each examination accepted by the board;(E) investigate and report to the board any problems in the administration of examinations and recommend and implement ways of correcting identified problems;(F) make recommendations to the board regarding postgraduate training permits and issues concerning dentists in training;(G) maintain communication with Texas dental schools;(H) study and make recommendations to the board regarding maintenance of licensure requirements, including continuing education requirements, courses, and course providers;(I) develop and review board rules regarding all persons and entities subject to the Board's jurisdiction, and make recommendations to the board regarding changes or implementation of such rules;(J) make recommendations to the board regarding matters brought to the attention of the licensing committee.", "sourceNote": "Source Note: The provisions of this §100.7 adopted to be effective September 6, 2016, 41 TexReg 6692." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179773", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.8", "label": "Ad Hoc Committees of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187546", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Creation and dissolution. The presiding officer may establish ad hoc committees of board members to address specific subjects, purposes, or ends. In addition, the board, in a regularly scheduled meeting, may vote to establish ad hoc committees of board members to address specific subjects, purposes, or ends. Unless continued in existence by the presiding officer or a vote of the board, ad hoc committees of the board are abolished the sooner of one year from the date of creation or when the specific subject, purpose, or end for which the ad hoc committee was established, have been served.(b) Membership. The presiding officer of the board shall appoint members of the board to serve on each ad hoc committee and shall designate a chair for each ad hoc committee. At least one dentist member of the board and at least one non-dentist member of the board shall serve on each ad hoc committee. The board's presiding officer shall be an ex officio member of each ad hoc committee.(c) Open Meetings Act. Ad hoc committee meetings shall be open to the public and held in compliance with chapter 551 of the Texas Government Code.(d) Purpose. At the time the presiding officer or the board establishes an ad hoc committee, the presiding officer will assign it a purpose, role, responsibility, and goal.(e) Committee actions. The actions of ad hoc committees are recommendations only and are not binding unless ratified by the board at a regularly scheduled meeting, with the exception of action taken by an ad hoc subcommittee of the executive committee convened pursuant to section 263.004 of the Act, board rule 107.69 and board rule 107.100(e).", "sourceNote": "Source Note: The provisions of this §100.8 adopted to be effective September 6, 2016, 41 TexReg 6692." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187546", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.9", "label": "Advisory Committees and Workgroups Established by the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148161", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to any specific statutory authority to establish particular advisory committees, the board may authorize advisory committees from outside the board's membership to advise the board on rulemaking, pursuant to §2001.031 of the Texas Government Code and subject to chapter 2110 of the Texas Government Code, State Agency Advisory Committees.(b) Creation and dissolution. The board, in a regularly scheduled meeting, may vote to establish advisory committees and workgroups from outside the board's membership to address specific subjects, purposes, or ends. Unless continued by a vote of the board, advisory committees and workgroups outside the board's membership are abolished the sooner of one year from the date of creation or when the specific subject, purpose, or end for which the advisory committee or workgroup was established, have been served.(c) Chair. Each advisory committee or workgroup shall select from among its members a chairperson who shall preside over the advisory committee or workgroup and shall report to the board or agency as needed.(d) Membership. The presiding officer shall determine the method by which members are designated to the advisory committee or workgroup. The membership of an advisory committee must provide a balanced representation between members of the dental industry and consumers of the dental industry. Advisory committee and workgroup members shall serve terms as determined by the board.(e) Board member liaisons. The presiding officer may appoint board member or board members to serve as a liaison(s) to an advisory committee or workgroup and report to the board the recommendations of the advisory committee or workgroup for consideration by the board. The role of a board member liaison is limited to clarifying the board's charge and intent to the advisory committee or workgroup.(f) Agency staff liaisons. The executive director of the agency may assign agency staff to assist the advisory committee and workgroup.(g) Meetings and participation. All meetings shall be open to the public and noticed on the Secretary of State's website to allow the public an opportunity to participate.(h) Purpose. The board rule establishing the advisory committee or workgroup shall state the purpose and tasks of the committee and describe the manner in which the committee will report to the board.(i) Committee actions. The actions of advisory committees are recommendations only.(j) The following are advisory committees and workgroups established by the board or established by statute: Advisory Committee on Dental Anesthesia, established by Subchapter E of Chapter 258 of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §100.9 adopted to be effective September 6, 2016, 41 TexReg 6692; amended to be effective December 25, 2016, 41 TexReg 9930; amended to be effective February 7, 2018, 43 TexReg 572." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148161", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.10", "label": "Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179775", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may determine qualifications for and retain an Executive Director who shall be the chief executive officer of the agency.(b) The Executive Director shall have the authority and responsibility for the operations and administration of the agency and such additional powers and duties as prescribed by the Board. As chief executive of the agency, the Executive Director shall manage all aspects of the agency, including personnel, financial and other resources, in support of the Dental Practice Act, Board rules and policies, the Board's mission and strategic plan.(c) The Executive Director shall attend all meetings of the Board and may offer recommendations to the Board, but shall not vote on matters brought before the Board.(d) The Executive Director, with the Board's consent, may employ an Assistant Executive Director to perform the Executive Director's duties when the Executive Director is absent or unable to act.(e) The Executive Director is authorized to accept the voluntary surrender of a license. Board ratification is not required. The Executive Director will report summaries of dispositions to the Board at its regular meetings.", "sourceNote": "Source Note: The provisions of this §100.10 adopted to be effective February 20, 2005, 30 TexReg 715; amended to be effective September 14, 2010, 35 TexReg 8341." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179775", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.11", "label": "Stakeholder Meetings Convened by Staff" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187547", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Stakeholder meetings are convened by board staff to conduct research and collect information related to topics and issues of interest related to the board, the practice of dentistry, the Dental Practice Act and board rules, and agency administration.(b) The purpose of stakeholder meetings is to provide the public an opportunity to contribute to the rule research and drafting process prior to official action by the board.(c) Staff shall prepare a report of each stakeholder meeting for presentation to the board at the next scheduled board meeting and publication on the agency's website.(d) All meetings shall be open to the public and noticed on the Secretary of State's website to allow the public an opportunity to participate.", "sourceNote": "Source Note: The provisions of this §100.11 adopted to be effective September 6, 2016, 41 TexReg 6693." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187547", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.12", "label": "Advisory Committee on Dental Anesthesia" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119071", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §258.202 of the Texas Occupations Code, the board establishes an advisory committee: the Advisory Committee on Dental Anesthesia.(b) Purpose. The purpose of the advisory committee is to analyze and report on de-identified data and associated trends concerning anesthesia-related deaths or incidents. The data and information provided by the agency to the advisory committee is confidential. The recommendations and findings reported by the advisory committee to the board are public information and published on the board's Internet website.(c) Compilation of Information by Agency. The agency shall identify investigations and provide confidential, de-identified information regarding the investigations to the advisory committee as described below:(1) By September 30 of each year, the agency shall identify official investigations in which the preliminary investigation was initiated after September 1, 2016, and the official investigation was resolved by the board in the preceding fiscal year, which involve anesthesia-related deaths or incidents. A death shall be considered anesthesia-related if the dental treatment involved the administration of an anesthetic or sedative agent in the dental office, including local anesthesia, and a death occurred. An incident shall be considered anesthesia-related if the dental treatment involved the administration of an anesthetic or sedative agent in a dental office, including local anesthesia, and the Dental Review Panel identified a complication associated with the administration of the anesthetic or sedative agent.(2) By November 30 of each year, the agency shall compile confidential, de-identified information on each investigation identified under paragraph (1) of this subsection, including, but not limited to, the following information:(A) Information about respondent:(i) Whether respondent is a Medicaid provider;(ii) Respondent's highest sedation/anesthesia permit level;(iii) Whether respondent reported providing anesthesia services in more than one location on the licensee's application or latest renewal;(iv) Respondent's self-reported practice area; and(v) Whether the investigation was initiated as the result of a complaint submitted by a patient or member of the public, as a self-report to the agency required by Board Rule 108.6, or both.(B) Information about patient:(i) Patient ASA, as identified in respondent's dental records and/or determined by Dental Review Panel;(ii) Patient age -- under the age of 13, 13 and over but under 18, 18 and over but under 75, and 75 and over;(iii) Location of the treatment investigated by the agency -- dental office, hospital, ASC, office of other practitioner;(iv) Level of sedation/anesthesia administered -- Local, Nitrous, I, II, III, IV (determined by Dental Review Panel);(v) Sedation/anesthesia administrator -- respondent, other dentist, MD, CRNA (determined by Dental Review Panel); and(vi) Whether treatment investigated by the agency was paid by Medicaid; and(C) The Dental Review Panel report designated as the final report by the Dental Review Panel.(3) By November 30 of each year, the agency shall provide the information identified under paragraph (2) of this subsection to the members of the advisory committee.(4) On request of the advisory committee, the agency may provide confidential, de-identified investigative files to the advisory committee in addition to the information provided under paragraph (2) of this subsection. Pursuant to §258.505 of the Texas Occupations Code, the advisory committee may conduct a closed meeting to review confidential investigative files provided to the advisory committee under this paragraph.(d) Analysis of Information by Advisory Committee. The advisory committee shall analyze the information compiled under subsection (c)(2) to identify any trends and submit a report to the board as described below:(1) By June 30 of each year, the advisory committee shall submit a written report to the board of the advisory committee's findings and any recommendations for changes to the board rules or the Dental Practice Act.(2) The advisory committee's annual report shall be posted on the Board's Internet website.(e) Membership and Term Length. The advisory committee consists of six members appointed by the board to serve staggered two-year terms. The Board's presiding officer will draw lots to determine which of the three initial members will serve a one-year term and which three will serve a two-year term, all of which begin on December 1, 2017. Thereafter, all appointments will be for two years from the date of appointment. Members, including the advisory committee chair, may serve no more than three consecutive two-year terms as members of the advisory committee. An advisory committee chair may serve no more than four consecutive one-year terms as advisory committee chair. The advisory committee must include a licensed Texas physician anesthesiologist and five licensed Texas dentists. The five licensed Texas dentists must include at least one dentist who holds a level 1 sedation/anesthesia permit and no higher permit, at least one dentist who holds a level 2 sedation/anesthesia permit and no higher permit, at least one dentist who holds a level 3 sedation/anesthesia permit and no higher permit, and at least one dentist who holds a level 4 sedation/anesthesia permit. In addition, the five dentist members of the advisory committee shall include one general dentist. The remaining four dentist members shall be dentists who are university-trained in their respective practice areas, with applicants' education and experience verified during the application process. These four dentist members shall include one university-trained dentist to represent each of the following practice areas:(1) dental anesthesiology;(2) oral and maxillofacial surgery;(3) pediatric dentistry; and(4) periodontics.(f) Qualification for Membership. A person cannot be appointed as a member unless he or she holds a Texas dental or medical license that he or she has maintained in good standing for at least the five years preceding application for membership on the advisory committee. A license is in good standing if it is not expired, currently subject to a probated suspension, or currently subject to an enforced suspension.(g) Board Member Membership on Advisory Committee. In accordance with §258.202(c) of the Texas Occupations Code, a currently serving board member cannot be appointed to the advisory committee. A former board member cannot be appointed to the advisory committee prior to the second anniversary of the expiration or termination of the board member's service on the board.(h) Application, Nomination, and Confirmation Process. Pursuant to §258.203 of the Texas Occupations Code, the board establishes the following process for the application, nomination, and confirmation of members of the advisory committee.(1) Application for Membership. The application for the initial appointments will be published on the board's internet website by October 1, 2017 and the application period will close on October 15, 2017. Thereafter, the agency shall publish an application for advisory committee membership on the board's Internet website three months prior to the expiration of an appointment or within one month following the resignation or removal of a member. The application period shall close two weeks after the application has been published.(2) Nomination of Advisory Committee Members. By November 1, 2017, the presiding officer of the board shall review all initial applications and nominate applicants for membership on the advisory committee. Thereafter, nominations will be made within two weeks of the closure of the application period. The applicants nominated by the presiding officer shall represent the same self-reported practice area as the member they may replace.(3) Confirmation of Advisory Committee Members. By December 1, 2017, the board shall vote by ballot in a public meeting to confirm or reject each of the presiding officer's initial nominees for membership on the advisory committee. Thereafter, the board shall vote for nominees at the first board meeting that follows the nominations. Confirmation of a nominee requires the affirmative vote of an absolute majority of the entire membership of the board if the board is comprised of more than six, but fewer than eleven members, or if the board is comprised of more than eleven members. Confirmation of a nominee requires the affirmative vote of at least seven members of the board if the board is comprised of eleven members.(4) Rejection of Nomination by Board. If one of the presiding officer's nominations for membership on the advisory committee is rejected by the board, the presiding officer shall nominate another applicant to membership on the advisory committee, subject to confirmation by the board, as described in paragraph (3) of this subsection. The subsequent nominee shall represent the same self-reported practice area as the original nominee.(5) Appointment of Advisory Committee Members. The appointment of an advisory committee member commences on the date the board confirms the presiding officer's appointment of the advisory committee member.(i) Designation of Advisory Committee Chair. Each year the presiding officer of the board shall designate one of the advisory committee members appointed by the board to serve a one-year term as chair of the advisory committee.(1) This paragraph applies if the board is comprised of more than six, but fewer than eleven members, or if the board is comprised of more than eleven members. The board shall confirm the presiding officer's designation by affirmative vote of an absolute majority of the entire membership of the board. If the presiding officer's designation is unconfirmed by such an affirmative vote, the presiding officer shall designate another member of the advisory committee as the chair of the advisory committee, subject to an affirmative vote of an absolute majority of the entire membership of the board.(2) This paragraph applies if the board is comprised of eleven members. The board shall confirm the presiding officer's designation by affirmative vote of at least seven members of the board. If the presiding officer's designation is unconfirmed by such an affirmative vote, the presiding officer shall designate another member of the advisory committee as the chair of the advisory committee, subject to an affirmative vote of at least seven members of the board.(j) Resignation, Removal, and Replacement of Advisory Committee Members. If an advisory committee member resigns or is removed from the advisory committee prior to the expiration of his or her term, the advisory committee member shall be replaced with another member that represents the self-reported practice area of the former advisory committee member. The application period shall re-open for a period of no more than 30 days. The agency shall publish the application for advisory committee membership on the board's Internet website, specifying the self-reported practice area to be replaced by a new member of the advisory committee. The presiding officer shall nominate the replacement member of the advisory committee at the next public meeting of the board, and the board shall confirm or reject the nomination as described in subsection (h) of this section.(k) Confidential Information. The members of the advisory committee shall execute confidentiality agreements related to their membership on the advisory committee. Violation of the confidentiality agreement is grounds for immediate removal from the advisory committee and may subject the member of the advisory committee to investigation and disciplinary proceedings for dishonorable conduct pursuant to Board Rule 108.9.(l) Communication with Other Parties. Members of the advisory committee shall not engage in private communications with non-advisory committee members about the subject matter of the advisory committee or its work, except that members of the advisory committee may communicate with agency staff to facilitate the completion of tasks required by this rule.(m) Reimbursement. The advisory committee may be reimbursed for expenses in accordance with §2110.004 of the Texas Government Code.", "sourceNote": "Source Note: The provisions of this §100.12 adopted to be effective October 19, 2017, 42 TexReg 5684; amended to be effective February 7, 2018, 43 TexReg 572." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119071", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "100", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§100.20", "label": "Final Board Decisions in Contested Cases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225920", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall render the final decision in a contested case and has the responsibility to assess sanctions against licensees who are found to have violated the Act.(b) The board welcomes recommendations of administrative law judges as to the sanctions to be imposed, but the board is not bound by such recommendations.(c) Sanctions should be consistent with sanctions imposed in similar cases and should reflect the board's determination of the seriousness of the violation and the sanction required to deter future violations. A determination of the appropriate sanction is reserved to the board. The appropriate sanction is not a proper finding of fact or conclusion of law.(d) This section shall be construed and applied so as to preserve board member discretion in the imposition of sanctions and remedial measures pursuant to the Act's provisions related to methods of discipline and administrative penalties. This chapter shall be further construed and applied so as to be consistent with the Act, and shall be limited to the extent as otherwise proscribed by statute and board rule.", "sourceNote": "Source Note: The provisions of this §100.20 adopted to be effective February 20, 2005, 30 TexReg 715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225920", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.1", "label": "General Qualifications for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225921", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person desiring to practice dentistry in the State of Texas must possess a license issued by the State Board of Dental Examiners (Board) as required by the Dental Practice Act and Board rules.(b) Any applicant for licensure under this chapter must meet the requirements of this section.(c) To be eligible for licensure, an applicant must present on or accompanying a licensure application form approved by the Board proof satisfactory to the Board that the applicant:(1) Is at least 21 years of age;(2) Is professionally fit, which is demonstrated by patterns of personal, academic and occupational behaviors, including final or pending disciplinary action on an occupational license in any jurisdiction, which, in the judgment of the Board, indicate honesty, accountability, trustworthiness, reliability, integrity, and ability;(3) Has successfully completed a current course in basic life support;(4) Has taken and passed the jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(5) Has paid all application fees required by the Dental Practice Act and Board rules;(6) Has submitted fingerprints for the retrieval of criminal history record information; (7) Has completed a course in human trafficking prevention approved by the executive commissioner of the Texas Health and Human Services Commission; and (8) Has submitted a National Practitioner Data Bank self-query report upon initial licensure. The report results must remain in the original sealed envelope.(d) In conjunction with the application, the applicant must provide any information requested by the Board pursuant to §254.019(b) of the Dental Practice Act. If an applicant fails to comply with this subsection, then the applicant is subject to disciplinary action, which includes administrative fines and public disciplinary sanctions.(e) Applications for licensure must be delivered to the office of the Board.(f) An application for licensure is filed with the Board when it is actually received, date-stamped, and logged-in by the Board along with all required documentation and fees. An incomplete application for licensure and fee will be returned to the applicant with an explanation of additional documentation or information needed.(g) Each applicant must submit to the Board the documents and information required by this chapter and other documents or information requested by the Board to evaluate an application and take appropriate actions.(h) An applicant for licensure is ineligible if they are in violation of a board order at the time of application.", "sourceNote": "Source Note: The provisions of this §101.1 adopted to be\r\neffective January 1, 1976; amended to be effective February 6, 1977,\r\n2 TexReg 248; amended to be effective March 9, 1984, 9 TexReg 1216;\r\namended to be effective September 6, 1991, 16 TexReg 4619; amended\r\nto be effective February 20, 1992, 17 TexReg 1089; amended to be effective\r\nDecember 24, 1992, 17 TexReg 8729; amended to be effective April 21,\r\n1993, 18 TexReg 2300; amended to be effective June 2, 1993, 18 TexReg\r\n3277; amended to be effective December 14, 1993, 18 TexReg 8901; amended\r\nto be effective December 3, 1997, 22 TexReg 11672; amended to be effective\r\nMay 10, 2004, 29 TexReg 4473; amended to be effective October 7,2009,\r\n34 TexReg 6849; amended to be effective December 22, 2010, 35 TexReg\r\n11253; amended to be effective May 29, 2013, 38 TexReg 3344; amended\r\nto be effective August 25, 2013, 38 TexReg 5261; amended to be effective\r\nApril 2, 2014, 39 TexReg 2288; amended to be effective December 28,\r\n2014, 39 TexReg 10013; amended to be effective May 10, 2018, 43 TexReg\r\n2772; amended to be effective September 30, 2021, 46 TexReg 6404;\r\namended to be effective August 28, 2025, 50 TexReg 5468." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225921", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.2", "label": "Licensure by Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210859", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the general qualifications for licensure contained in §101.1 of this chapter (relating to General Qualifications for Licensure), an applicant for licensure by examination who is a graduate of an accredited school must present proof that the applicant:(1) Has graduated and received either the \"DDS\" or \"DMD\" degree from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association (CODA);(2) Has taken and passed the examination for dentists given by the American Dental Association Joint Commission on National Dental Examinations; and(3) Has taken and passed the appropriate general dentistry live patient or hands-on simulation clinical examination administered by a regional examining board designated by the Board.(b) In addition to the general qualifications for licensure contained in §101.1 of this chapter, an applicant for licensure by examination who is a graduate of a non-accredited school must present proof that the applicant:(1) Has graduated from a dental school that is not CODA-accredited;(2) Has successfully completed training in an American Dental Association-approved specialty in a CODA-accredited education program that consists of at least two years of training as specified by the Council on Dental Education;(3) Has taken and passed the examination for dentists given by the American Dental Association Joint Commission on National Dental Examinations; and(4) Has taken and passed the appropriate general dentistry live patient or hands-on simulation clinical examination administered by a regional examining board designated by the Board. Many regional examining boards require prior written approval by the participating member state in order for graduates of non-accredited schools to be tested. Prior to submitting an application for regional examination, graduates of non-accredited schools must obtain such permission from the Board.(c) Designated regional examining boards.(1) The following regional examining boards have been designated as acceptable by the Board as of the effective dates shown:(A) The Commission on Dental Competency Assessments-The Western Regional Examining Board-The Council of Interstate Testing Agencies (CDCA-WREB-CITA), August 1, 2022; and(B) Central Regional Dental Testing Service-States Resources for Testing and Assessments (CRDTS-SRTA), January 6, 2025. (2) Examination results will be accepted for seven years from the date of the examination.(d) Remediation.(1) If an applicant for Texas dental licensure fails three general dentistry live patient or hands-on simulation clinical examination attempts, the applicant must complete 80 hours of a clinical remediation course through a CODA-accredited dental school approved by Board staff. (2) If an applicant fails four or more general dentistry live patient or hands-on simulation clinical examination attempts, the applicant must complete one of the following:(A) the repetition of the final year of a graduate dental program from a CODA-accredited dental school; or(B) the completion of a clinical remediation course offered by a CODA-accredited dental school approved by Board staff, consisting of no less than 1,000 clinical hours.(3) All programs of clinical remediation require prior approval by Board staff. Applicants will be responsible for locating, identifying and obtaining approval from Board staff prior to registration for any program.(4) Re-examination must be accomplished within 18 months of the date of either the completion of the clinical remediation course or the repetition of the final year of a graduate dental program as required in subsection (d)(1)-(3) of this section. (e) An applicant who takes an examination after January 1, 2019, must also successfully complete the periodontics and prosthodontics sections of an exam approved under subsection (c)(1) of this section.", "sourceNote": "Source Note: The provisions of this §101.2 adopted to be\r\neffective May 10, 2004, 29 TexReg 4473; amended to be effective February\r\n20, 2005, 30 TexReg 715; amended to be effective October 7, 2009,\r\n34 TexReg 6849; amended to be effective December 22, 2010, 35 TexReg\r\n11253; amended to be effective May 29, 2013, 38 TexReg 3344; amended\r\nto be effective December 28, 2014, 39 TexReg 10013; amended to be\r\neffective May 10, 2018, 43 TexReg 2772; amended to be effective July\r\n8, 2021, 46 TexReg 4024; amended to be effective November 24, 2022,\r\n47 TexReg 7683; amended to be effective August 28, 2025, 50 TexReg\r\n5469." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210859", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.3", "label": "Licensure by Credentials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199836", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the general qualifications for licensure contained in §101.1 of this chapter (relating to General Qualifications for Licensure), an applicant for licensure by credentials must present proof that the applicant:(1) Has graduated and received either the \"DDS\" or \"DMD\" degree from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association (CODA);(2) Is currently licensed as a dentist in good standing in another state, the District of Columbia, or a territory of the United States, provided that such licensure followed successful completion of a general dentistry live patient or hands-on simulation clinical examination administered by another state or regional examining board;(3) Has practiced dentistry:(A) For a minimum of three years out of the five years immediately preceding application to the Board, pursuant to section 256.101(a-1) of the Dental Practice Act; or(B) As a dental educator at a CODA-accredited dental or dental hygiene school for a minimum of five years immediately preceding application to the Board;(4) Is endorsed by the state board of dentistry in the jurisdiction in which the applicant practices at the time of the application. Such endorsement is established by providing a copy under seal of the applicant's current license and by a certified statement that the applicant has current good standing in said jurisdiction;(5) Has taken and passed the examination for dentists given by the American Dental Association Joint Commission on National Dental Examinations;(6) Has met the requirements of §101.8 of this title (relating to Persons with Criminal Backgrounds) and has completed background checks for criminal or fraudulent activities, to include information from: the National Practitioner Data Bank, the Healthcare Integrity and Protection Data Bank and/or the American Association of Dental Boards (AADB) Clearinghouse for Disciplinary Action; and(7) Has completed 12 hours of continuing education taken within the 12 months preceding the date the licensure application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title (relating to Continuing Education).(b) Practice experience described in subsection (a)(3) of this section must be subsequent to applicant having graduated from a CODA-accredited dental school.", "sourceNote": "Source Note: The provisions of this §101.3 adopted to be effective May 10, 2004, 29 TexReg 4473; amended to be effective October 7, 2009, 34 TexReg 6849; amended to be effective May 19, 2010, 35 TexReg 3814; amended to be effective December 22, 2010, 35 TexReg 11253; amended to be effective May 29, 2013, 38 TexReg 3344; amended to be effective June 11, 2014, 39 TexReg 4427; amended to be effective December 28, 2014, 39 TexReg 10013; amended to be effective June 25, 2020, 45 TexReg 4197; amended to be effective November 24, 2022, 47 TexReg 7683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199836", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.4", "label": "Temporary Licensure by Credentials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190789", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the general qualifications for licensure contained in §101.1 of this chapter (relating to General Qualifications for Licensure), an applicant for temporary licensure by credentials must present proof that the applicant:(1) Has graduated and received either the \"DDS\" or \"DMD\" degree from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association (CODA);(2) Has taken and passed the examination for dentists given by the American Dental Association Joint Commission on National Dental Examinations;(3) Is currently licensed in good standing in another state, the District of Columbia, or territory of the United States, provided that such licensure followed successful completion of a general dentistry clinical examination administered by another state or regional examining board;(4) Is endorsed by the state board of dentistry in the jurisdiction in which the applicant practices at the time of the application. Such endorsement is established by providing a copy under seal of the applicant's current license, and by a certified statement that the applicant has current good standing in said jurisdiction;(5) Has successfully passed background checks for criminal or fraudulent activities, to include information from: the National Practitioner Data Bank, the Healthcare Integrity and Protection Data Bank and/or the American Association of Dental Boards (AADB) Clearinghouse for Disciplinary Action;(6) Is currently employed by a nonprofit corporation that is organized under the Texas Non Profit Corporation Act, and that accepts Medicaid reimbursement; and(7) Has completed 12 hours of continuing education taken within the 12 months preceding the date the licensure application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title (relating to Continuing Education).(b) A license granted under this section is valid only for practice as an employee of a non-profit corporation. If a dentist holding a temporary license under this section becomes employed by a non-profit corporation other than the non-profit corporation named in the application, the licensee must notify the Board of the change in employment within fifteen days of such change.(c) A dentist holding a temporary license issued under this section may renew the license by submitting an application and paying all required fees.(d) A dentist holding a temporary license may obtain a license under the provision of §101.3 of this chapter (relating to Licensure by Credentials) when the dentist meets the practice requirements set forth in that section, by requesting in writing that the Board issue such license and by paying a fee equal to the difference between the application fee charged under §101.3 of this chapter and the application fee charged under this section.", "sourceNote": "Source Note: The provisions of this §101.4 adopted to be effective May 10, 2004, 29 TexReg 4473; amended to be effective May 19, 2010, 35 TexReg 3814; amended to be effective December 22, 2010, 35 TexReg 11253; amended to be effective May 29, 2013, 38 TexReg 3344; amended to be effective December 28, 2014, 39 TexReg 10014; amended to be effective June 25, 2020, 45 TexReg 4197." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190789", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.5", "label": "Staggered Dental Registrations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218294", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board, pursuant to the Occupations Code, Chapter 257, §257.001, Texas Civil Statutes has established a staggered license registration system comprised of initial dental license registration periods followed by biennial registrations (i.e., renewals).(b) The initial, staggered dental license registration periods will range from 18 months to 30 months. The length of the initial license registration period will be determined by the licensee's birth month, but will be no less than 18 months. The expiration of the initial license will be based on the licensee's birth month. Initial dental license fees will be prorated according to the number of months of the initial license period.(c) Prior to the expiration date of the initial dental license registration period, a license renewal notice will be mailed to all dental licensees who have that expiration date.(d) A license registration expired for one year or more may not be renewed.(e) An initial license expires on the 30th day after the date the license is issued if the holder of the license fails to pay the required license fee on or before that date.(f) In conjunction with the license renewal, the licensee must provide any information requested by the Board pursuant to §254.019(b) of the Dental Practice Act. If a licensee fails to comply with this subsection, then the licensee is subject to disciplinary action, which includes administrative fines and public disciplinary sanctions.", "sourceNote": "Source Note: The provisions of this §101.5 adopted to be effective May 10, 2004, 29 TexReg 4473; amended to be effective February 2, 2010, 35 TexReg 629; amended to be effective May 29, 2013, 38 TexReg 3344; amended to be effective August 25, 2013, 38 TexReg 5261; amended to be effective April 2, 2014, 39 TexReg 2289; amended to be effective May 10, 2018, 43 TexReg 2772." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218294", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.6", "label": "Dental Licensing for Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162071", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) \"Active duty\" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by §471.001, Government Code, or similar military service of another state.(2) \"Armed forces of the United States\" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) \"Military service member\" means a person who is on active duty.(4) \"Military spouse\" means a person who is married to a military service member.(5) \"Military veteran\" means a person who has served on active duty and who was discharged or released from active duty.(b) A licensee is exempt from any penalty or increased fee imposed by the Board for failing to renew the license in a timely manner if the individual establishes to the satisfaction of Board staff that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.(c) A licensee who is a military service member is entitled to two years of additional time to complete:(1) any continuing education requirements; and(2) any other requirement related to the renewal of the military service member's license.(d) Alternative Licensing.(1) A military service member, military veteran, or military spouse applicant may demonstrate competency by alternative methods in order to meet the requirements for obtaining a dental license issued by the Board if the applicant:(A) holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the licensing requirements in this state; or(B) within the five years preceding the application date held the license in this state.(2) For purposes of this section, the standard method of demonstrating competency is the specific examination, education, and or/experience required to obtain a dental license. In lieu of the standard method(s) of demonstrating competency for a dental license and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Board:(A) education;(B) continuing education;(C) examinations (written and/or practical);(D) letters of good standing;(E) letters of recommendation;(F) work experience; or(G) other methods required by the Executive Director.(3) The executive director may waive any prerequisite to obtaining a license for an applicant described in paragraph (1) of this subsection after reviewing the applicant's credentials.(e) The Board shall give credit to an applicant who is a military service member or military veteran for any verified military service, training, or education toward the licensing requirements, other than an examination requirement, including, but not limited to, education, training, certification, or a course in basic life support. The Board may not give credit if the applicant holds a restricted license issued by another jurisdiction or has an unacceptable criminal history according to Texas Occupations Code, Chapter 53 (relating to Consequences of Criminal Conviction) or §101.8 of this title (relating to Persons with Criminal Backgrounds).(f) The Board has 30 days from the date a military service member, military veteran, or military spouse submits an application for alternative licensing to process the application and issue a license to an applicant who qualifies for the license.(g) All applicants shall submit an application and proof of any relevant requirements on a form and in a manner prescribed by the Board.(h) All applicants shall submit fingerprints for the retrieval of criminal history record information.(i) All fees associated with a license application shall be waived for an applicant who is:(1) a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or(2) a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for licensure in this state.(j) Licenses granted under this chapter have the terms established by §101.5 of this title (related to Staggered Dental Registrations), or a term of 12 months from the date the license is issued, whichever term is longer. The Board shall notify the licensee in writing or by electronic means of the requirements for renewal.(k) This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.", "sourceNote": "Source Note: The provisions of this §101.6 adopted to be effective December 14, 2015, 40 TexReg 8887; amended to be effective May 23, 2024, 49 TexReg 3562." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162071", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.7", "label": "Retired License Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197338", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application.(1) A holder of a valid and current Texas dental license may apply to the Board to have the license placed on retired status.(2) A licensee must apply to the Board for retired status, on a form prescribed by the Board, before the expiration date of the person's Texas license.(3) The Board shall deny a request to place a license on retired status if there are any current or pending complaints or disciplinary actions against the license holder.(b) Reinstatement. The Board may reinstate a retired Texas dental license to active status, provided the license holder submits an application for reinstatement on a form prescribed by the Board, pays the appropriate fees due at the time application is made, and meets the requirements of this subsection.(1) A license holder who, at the time of application for reinstatement, is practicing dentistry in another state, or territory outside of the United States, or had practiced dentistry actively within the two years immediately preceding the date of application, shall provide:(A) verification of licensure and disciplinary history from all state board(s) of dentistry where the licensee has held a license;(B) proof of active practice within the two years preceding the application;(C) proof that the licensee has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(D) proof of successful completion of a current course in basic life support;(E) proof of completion of 12 hours of continuing education, taken within the 12 months preceding the date the application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title (relating to Continuing Education); and(F) proof of submission of fingerprints for the retrieval of criminal history record information.(2) A license holder who has not actively practiced for at least two years immediately preceding the request for reinstatement of a retired license shall provide:(A) verification of licensure and disciplinary history from all state board(s) of dentistry where the licensee has held a license;(B) proof that the licensee has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(C) proof of successful completion of a current course in basic life support;(D) proof of completion of 24 hours of continuing education, of which a minimum of 12 hours must be clinical (hands-on). All hours must have been taken within the 12 months preceding the date the application is received by the Board and shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title; and(E) proof of submission of fingerprints for the retrieval of criminal history record information.(3) A license holder who applies to reenter active practice must comply with all other applicable provisions of the Dental Practice Act and Board rules.(4) A license holder who applies to reenter active practice must have been in compliance or satisfied all conditions of any Board order that may have been in effect at the time retired status was granted.(5) The Board may, in its discretion as necessary to safeguard public health and safety, require compliance with other reasonable conditions in considering a request to reenter active practice.(c) Practice in volunteer charity care.(1) A dentist holding a retired status Texas dental license under this section may practice dentistry if the practice consists solely of volunteer charity care.(A) For the purposes of this subsection, \"volunteer charity care\" is defined as the direct provision of dental services to indigent or critical need populations within the state of Texas, without compensation.(B) A dentist providing services under this subsection may not receive any remuneration for such services.(C) A dentist may not, without approval from Board staff, provide services under this subsection if he or she was subject to disciplinary action in any jurisdiction in the 3 years immediately preceding the license's entry into retired status.(2) Application process. A dentist must make written request to the Board, on a form prescribed by the Board, prior to offering services under this subsection.(A) The report shall include a sworn affirmation by the dentist that the dentist meets the qualifications of this subsection.(B) Upon approval by Board staff, a letter of authorization shall be issued to the dentist.(i) The letter of authorization, unless revoked by the Board, shall expire at the end of the calendar year in which it was issued.(ii) Provision of dental services after the expiration of the letter of authorization shall constitute the practice of dentistry without a license.(iii) It shall be the responsibility of the dentist to maintain current authorization to provide services under this subsection, by making proper request as required by this subsection.(3) Scope of practice.(A) A dentist providing services under this subsection may not prescribe or administer controlled substances under Drug Enforcement Administration (DEA) Schedules I or II.(B) A dentist providing services under this subsection must post, or be able to produce on demand of a patient, a current letter of authorization from the Board.(4) A dentist practicing under this subsection must complete 6 hours of the annual continuing education requirement for licensees under Chapter 104 of this title.(5) A dentist providing services under this subsection shall execute a written agreement with the facility where services are offered to retain right of access to all dental records resulting from the provision of such services.", "sourceNote": "Source Note: The provisions of this §101.7 adopted to be effective February 23, 2006, 31 TexReg 1033; amended to be effective November 5, 2006, 31 TexReg 8832; amended to be effective October 7, 2009, 34 TexReg 6850; amended to be effective May 29, 2013, 38 TexReg 3344." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197338", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.8", "label": "Persons with Criminal Backgrounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162070", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section is to establish automatic sanctions, mandatory sanctions, recommended sanctions, guidelines and criteria for the disciplinary actions to be taken by the Board against applicants and licensees with criminal backgrounds.(b) Definitions. In this section, the following terms shall apply:(1) \"Applicant\" means a person applying for a license, certificate, registration, permit, or other authorization that is issued by the Board under the Dental Practice Act.(2) \"Conviction\" shall mean a conviction under federal law or the law of any state, district, or territory of the United States. A conviction shall be considered \"final\" upon the imposition of a sentence of imprisonment, parole, probation, community supervision, or other punishment after such conviction. Pursuant to Texas Occupations Code §53.021(e)(1), the Board shall consider placement of a defendant under deferred adjudication community supervision, or a similar deferral of adjudication of guilt under federal or state law, as a final conviction for all licensing and disciplinary purposes under the Texas Occupations Code and Board rules.(3) \"Final Disposition\" shall mean the date on which the applicant or licensee completed the imposed sentence after conviction, including any period of parole or probation, or completed the conditions of deferred adjudication community supervision or similar deferral of adjudication of guilt, as shown by the certified records of the court or supervising government authority.(4) \"Health Care Professional\" shall have the meaning provided in Texas Occupations Code §108.051.(5) \"License\" means a license, certificate, registration, permit, or other authorization that is issued by the Board under the Dental Practice Act.(6) \"Licensee\" means the holder of a license, certificate, registration, permit, or other authorization that is issued by the Board under the Dental Practice Act.(7) \"Offense Relating to the Regulation of Dentists, Dental Hygienists or Dental Assistants\" means any criminal violation of the Texas Dental Practice Act; any criminal violation of a law related to the billing and payment for dental care services; any criminal violation of a law related to the treatment and care of patients; and any criminal violation of a law related to the preservation and protection of patient records or patient protected health information.(c) Automatic Denial or Revocation of Dental or Dental Hygiene License. Based upon Chapter 108, Subchapter B, of the Texas Occupations Code, certain convictions shall result in automatic denial of an application for a dental or dental hygiene license, or revocation of a current dental or dental hygiene license. A person who is denied or a licensee who has their license revoked under this subsection may reapply for the license, or apply for reinstatement of the revoked license, if the conviction or deferred adjudication is reversed, set aside, or vacated on appeal, or after the expiration of the period for which the person is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.(1) Automatic Denial of Application. The following convictions shall result in automatic denial of an application for licensure as a dentist or dental hygienist submitted on or after September 1, 2019.(A) Any conviction resulting in the requirement that the applicant register as a sex offender under Chapter 62, Code of Criminal Procedure.(B) Any previous conviction of or placement on deferred adjudication community supervision for the commission of a felony offense involving the use or threat of force.(C) Any previous conviction or placement on deferred adjudication community supervision for the commission of an offense under Texas Penal Code §§22.011, 22.02, 22.021, or 22.04, or an offense under the laws of another state or federal law that is equivalent to an offense under one of those sections:(i) committed when the applicant held a license as a health care professional in this state or another state;(ii) committed in the course of providing services within the scope of the applicant's health care professional license; and(iii) in which the victim of the offense was a patient of the applicant.(2) Automatic Revocation of License. The following convictions shall result in automatic proceedings to revoke the license of a dentist or dental hygienist. The Board shall revoke a license and update the Board's records to reflect the revocation immediately on receiving notification pursuant to Texas Occupations Code §108.053(b). If the Board receives notice through another source, the Board shall pursue a revocation action through Texas Occupations Code §263.003.(A) Any conviction resulting in the requirement that the licensee register as a sex offender under Chapter 62, Code of Criminal Procedure.(B) Any conviction of or placement on deferred adjudication community supervision for the commission of a felony offense involving the use or threat of force.(C) Any conviction or placement on deferred adjudication community supervision for the commission of an offense under Texas Penal Code §§22.011, 22.02, 22.021, or 22.04, or an offense under the laws of another state or federal law that is equivalent to an offense under one of those sections:(i) committed while the licensee held a license as a health care professional in this state or another state;(ii) committed in the course of providing services within the scope of the licensee's health care professional license; and(iii) in which the victim of the offense was a patient of the licensee.(d) Imposition of Mandatory Sanctions for Criminal Convictions. Based upon Texas Occupations Code §263.006 and the interests of public health and safety, the Board shall impose the following mandatory sanctions on licensees for the following offenses. In the event that a sanction from subsection (c) of this section is also applicable to a licensee, the Board shall impose the automatic sanction instead of the sanction under this subsection. The Board may not reinstate or reissue a license suspended or revoked under this section unless an express determination is made that the reinstatement or reissuance of the license is in the best interests of the public and the licensee whose license was suspended or revoked. The Board must base that determination on substantial evidence contained in an investigative report.(1) Felony Convictions. The Board shall revoke the license of a current licensee who receives a final felony conviction under federal law or the law of any state, district, or territory of the United States.(2) Assaultive Offenses. The Board shall revoke the license of a current licensee who receives a misdemeanor final conviction under Chapter 22 of the Texas Penal Code, other than a misdemeanor punishable by fine only.(3) Mandatory Registration as Sex Offender. The Board shall revoke the license of a current licensee who receives a final conviction requiring the licensee register as a sex offender under Chapter 62, Texas Code of Criminal Procedure.(4) Violation of Certain Court Orders, Protective Orders, or Conditions of Bond. The Board shall revoke the license of a current licensee who receives a Class A or Class B misdemeanor final conviction under Section 25.07 or Section 25.071 of the Texas Penal Code.(e) Imposition of Recommended Sanctions for Criminal Convictions. Based upon statutory authorization and the interests of public health and safety, the Board shall impose the following recommended sanctions for the following offenses, based on the Board's determination that these offenses relate to the practice of dentistry, and the Board's determination that allowing a licensee to practice dentistry or provide dental services under a license issued by the Board provides an opportunity for further criminal conduct. In the event that a sanction from subsections (c) or (d) of this section is also applicable to a licensee, the Board shall impose the automatic or mandatory sanction instead of the recommended sanction under this subsection. If more than one recommended sanction applies to the conviction of a licensee or applicant, the Board shall apply the highest recommended sanction applicable. The Board may only increase these recommended sanctions upon an affirmative finding that persuasive aggravating factors require elevation of the sanction for the protection of public health and safety. The Board shall reduce the following sanctions only upon an affirmative finding of persuasive mitigating factors presented by the applicant or licensee, as applicable. The Board shall articulate these aggravating or mitigating factors in any order adopting the sanctions to be imposed on the licensee.(1) Current Licensees. The Board shall impose the following disciplinary sanctions based upon convictions which occurred after the Board issued a license.(A) Conviction for Offense Relating to the Regulation of Dentists, Dental Hygienists or Dental Assistants. Pursuant to Texas Occupations Code §263.002(a)(10), the Board shall take disciplinary action for convictions related to the practice of dentistry. The Board has determined that violations of law relating to the practice of dentistry and dental hygiene are directly related to patient safety and care, and holding a license allows for the opportunity to engage in further criminal activity causing harm to the public. As a result, the Board shall impose a five-year probated suspension for a final conviction for an offense relating to the regulation of dentists, dental hygienists or dental assistants.(B) Conviction of Misdemeanor Involving Fraud. Pursuant to Texas Occupations Code §263.002(a)(2), the Board shall take disciplinary action for misdemeanor convictions involving fraud. The Board has determined that holding a license allows access to sensitive patient records and information, which requires the licensee to demonstrate the ability and capacity required to perform the duties and discharge the responsibilities of a licensee acting in the best interests of the public. As a result, the Board shall impose a one-year probated suspension for a final conviction of a misdemeanor under Chapter 32 of the Texas Penal Code, or an equivalent section of federal law or the law of any state, district, or territory of the United States.(C) Offenses under the Texas Controlled Substances Act, Texas Dangerous Drugs Act and Related Offenses. The Board has determined that holding a license allows access to controlled substances, dangerous drugs and other substances that represent the potential for abuse and drug diversion, which requires the licensee to demonstrate the ability and capacity required to perform the duties and discharge the responsibilities of a licensee acting in the best interests of the public. As a result, the Board shall impose a one-year probated suspension on a current licensee who receives a Class A misdemeanor final conviction under Chapter 481, 483, or 485, Texas Health and Safety Code. The Board may impose a Reprimand for a Class B misdemeanor final conviction pursuant to subsection (e)(1)(D) of this section.(D) Other Class A and B Misdemeanor Offenses. The Board shall not automatically impose a disciplinary sanction, but may impose a disciplinary sanction after weighing the considerations required by Texas Occupations Code Chapters 53 and 263, and as listed in subsections (g) - (i) of this section.(2) License Applicants. The Board shall impose the following disciplinary sanctions based upon convictions that occurred prior to the submission of an application for a license.(A) Felony Convictions. The Board has determined that holding a license allows access to confidential patient records and information, controlled substances and dangerous drugs, and patients in sensitive and compromised physical conditions, which requires the applicant to demonstrate the ability and capacity required to perform the duties and discharge the responsibilities of a licensee acting in the best interests of the public. Pursuant to Texas Occupations Code §263.001(a)(5), the Board shall deny an applicant who received a final felony conviction under federal law or the law of any state, district, or territory of the United States that is still pending final disposition. The Board shall impose a five-year probated suspension on an applicant with a final conviction for a felony that is less than five years from the date of final disposition. From five to ten years after the date of final disposition, the Board shall impose a one-year probated suspension. After ten years from the date of final disposition, the Board shall take no action.(B) Conviction for Offense Relating to the Regulation of Dentists, Dental Hygienists or Dental Assistants. The Board has determined that violations of Texas law relating to the practice of dentistry are directly related to patient safety and care, and holding a license allows for the opportunity to engage in further criminal activity causing harm to the public. Pursuant to Texas Occupations Code §263.001(a)(4) and (a)(6), the Board shall deny an applicant who received a final conviction for an offense relating to the regulation of dentists, dental hygienists or dental assistants within the twelve months preceding the date the applicant filed an application for a license. The Board shall impose a five-year probated suspension on an applicant who received a final conviction for an offense relating to the regulation of dentists, dental hygienists or dental assistants that is still pending final disposition, but which occurred prior to the twelve months preceding the date the applicant filed an application for a license. The Board shall impose a one-year probated suspension on an applicant with a final conviction for an offense relating to the regulation of dentists, dental hygienists or dental assistants that is less than five years from the date of final disposition. After five years from the date of final disposition, the Board shall take no action.(C) Mandatory Registration as Sex Offender. The Board has determined that holding a license allows access to controlled substances and dangerous drugs, and patients in sensitive and compromised physical conditions, including minor patients and patients with mental and physical disabilities, which requires the ability and capacity required to perform the duties and discharge the responsibilities of a licensee acting in the best interests of the public. As a result, if the applicant is not subject to Texas Occupations Code §108.052, the Board shall deny an applicant who received a final conviction requiring the applicant register as a sex offender under Chapter 62, Texas Code of Criminal Procedure.(D) Assaultive Offenses. The Board has determined that holding a license allows access to patients in sensitive and compromised physical conditions, which requires the applicant to demonstrate the ability and capacity required to perform the duties and discharge the responsibilities of a licensee acting in the best interests of the public. As a result, if the applicant is not subject to Texas Occupations Code §108.052, the Board shall deny an applicant who received a misdemeanor final conviction under Chapter 22 of the Texas Penal Code, other than a misdemeanor punishable by fine only, within the twelve months preceding the date the applicant filed an application for a license. The Board shall impose a five-year probated suspension on an applicant who received a final conviction for an assaultive offense, other than a misdemeanor punishable by fine only, that is less than five years from the date of final disposition. After five years from the date of final disposition, the Board shall take no action.(E) Violation of Certain Court Orders, Protective Orders, or Conditions of Bond. The Board has determined that holding a license allows access to confidential patient records and information, and patients in sensitive and compromised physical conditions, which requires the applicant to demonstrate the ability and capacity required to perform the duties and discharge the responsibilities of a licensee acting in the best interests of the public. As a result, the Board shall deny an applicant who received a Class A or Class B misdemeanor final conviction under Section 25.07 or Section 25.071 of the Texas Penal Code, within the twelve months preceding the date the applicant filed an application for a license. The Board shall impose a five-year probated suspension on an applicant who received a final conviction under Section 25.07 or Section 25.071 of the Texas Penal Code that is less than five years from the date of final disposition. After five years from the date of final disposition, the Board shall take no action.(F) Offenses under the Texas Controlled Substances Act, Texas Dangerous Drugs Act and Related Offenses. The Board has determined that holding a license allows access to confidential patient records and information, controlled substances, and dangerous drugs, which requires the applicant to demonstrate the ability and capacity required to perform the duties and discharge the responsibilities of a licensee acting in the best interests of the public. As a result, the Board shall impose a one-year probated suspension on an applicant who received a Class A misdemeanor final conviction under Chapter 481, 483, or 485, Texas Health and Safety Code that is less than five years from the date of final disposition. The Board may impose a Reprimand for a Class B misdemeanor final conviction that is less than five years from the date of final disposition, pursuant to subsection (e)(2)(G) of this section. After five years from the date of final disposition, the Board shall take no action.(G) Other Class A and B Misdemeanor Offenses. The Board shall not automatically impose a disciplinary sanction, but may impose a disciplinary sanction after weighing the considerations required by Texas Occupations Code Chapters 53 and 263, and as listed in subsections (g) - (i) of this section.(f) Pursuant to Texas Occupations Code §53.021(b), the Board shall revoke a license upon the imprisonment of the licensee following a felony conviction or deferred adjudication, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.(g) The Board may impose any authorized disciplinary action on an applicant or licensee because of a person's conviction of a crime, other than a Class C misdemeanor, that:(1) serves as a ground for discipline under the Dental Practice Act or other Texas law applicable to the applicant or licensee; or(2) the Board has determined directly relates to the duties and responsibilities of a licensee, after consideration of each of the following factors:(A) the nature and seriousness of the crime;(B) the relationship of the crime to the purposes for requiring a license;(C) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the applicant or licensee previously had been involved;(D) the relationship of the crime to the ability and capacity required to perform the duties and discharge the responsibilities of the license; and(E) any correlation between the elements of the crime and the duties and responsibilities of the license.(h) In determining the appropriate disciplinary action to take where the Board is not mandated to take a certain disciplinary action, the Board shall consider the following factors listed in paragraphs (1) - (7) of this subsection when determining whether to impose any authorized discipline:(1) the extent and nature of the person's past criminal activity;(2) the age of the person when the crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the person's fitness, including letters of recommendation.(i) The applicant or licensee has the responsibility, to the extent possible, to obtain and provide to the Board the recommendations described by subsection (h)(7) of this section.(j) An applicant or licensee shall disclose in writing to the Board any arrest, conviction or deferred adjudication against him or her at the time of initial application and renewal. Additionally, an applicant or licensee shall provide information regarding any arrest, conviction or deferred adjudication to the Board within 30 days of a Board request. An application shall be deemed withdrawn if the applicant has failed to respond to a request for information or to a proposal for denial of eligibility or conditional eligibility within 30 days. Pursuant to Texas Government Code §2005.052, making a false statement or material misrepresentation when applying or renewing a license, refusing to provide requested information to the Board, or failing to provide all of the criminal history requested by the Board represents grounds for denial of the application or suspension or revocation of the license.(k) Notice of Pending Denial of License. Prior to denying a license application for prior criminal convictions as permitted by Texas Occupations Code Chapter 53, the Board shall provide written notice to the person of the reason for the intended denial and allow the person not less than 30 days to submit any relevant information to the Board, as required by Texas Occupations Code §53.0231.", "sourceNote": "Source Note: The provisions of this §101.8 adopted to be effective March 7, 2013, 38 TexReg 1361; amended to be effective December 10, 2013, 38 TexReg 8830; amended to be effective January 3, 2019, 43 TexReg 8589; amended to be effective December 15, 2019, 44 TexReg 7697." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162070", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.9", "label": "Criminal History Evaluation Letter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163156", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person enrolled or planning to enroll in an educational program that prepares the person for initial licensure as a dentist and who has reason to believe that he or she may be ineligible for licensure due to a conviction or deferred adjudication for a felony or a misdemeanor offense, may petition the Board for a Criminal History Evaluation Letter.(b) The requestor must submit a petition that includes:(1) a statement by the requestor indicating the reason(s) and basis of potential ineligibility;(2) any applicable court documents including, but not limited to, indictments, orders of deferred adjudication, judgments, probation records and evidence of completion of probation;(3) any other documentation requested by the Board; and(4) the required fee.(c) An investigation of the requestor's eligibility may be conducted.(d) If the Board determines that a ground for ineligibility does not exist, it shall notify the requestor in writing of the Board's determination on each ground of potential ineligibility.(e) If the Board determines that the requestor is ineligible for a license, it shall issue a letter setting out each basis for potential ineligibility and the Board's determination as to eligibility. In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the Board at the time the letter is issued, the Board's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter.(f) The Board shall provide notice under subsection (d) of this section or issue a letter under subsection (e) of this section no later than the ninetieth (90th) day after the date the Board receives the request.(g) The Board shall charge a person requesting an evaluation a fee not to exceed $100 to cover the cost of administering this section. The fee shall be non-refundable.", "sourceNote": "Source Note: The provisions of this §101.9 adopted to be effective May 19, 2010, 35 TexReg 3814; amended to be effective May 29, 2013, 38 TexReg 3344." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163156", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.10", "label": "Temporary License for Charitable Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194458", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In this section, \"voluntary charity care\" has the meaning assigned by §101.7(c)(1)(A) of this chapter (relating to Retired License Status).(b) The Board shall grant a temporary license for a dentist who presents proof that the applicant:(1) Has not been the subject of a final disciplinary action and is not the subject of a pending disciplinary action in any jurisdiction in which the dentist is or has been licensed;(2) Has graduated and received either the \"DDS\" or \"DMD\" degree from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association;(3) Has taken and passed the examination for dentists given by the American Dental Association Joint Commission on National Dental Examinations; and(4) Either one of the following:(A) Is currently licensed in another state, the District of Columbia, or a territory of the United States, provided that such licensure followed successful completion of a general dentistry clinical examination administered by another state or regional examining board; or(B) Was previously licensed in another state, the District of Columbia, or a territory of the United States, provided that such licensure followed successful completion of a general dentistry clinical examination administered by another state or regional examining board, not more than two years before the date the dentist applies for a license under this section and was licensed in good standing at the time the dentist ceased practicing dentistry.(c) As part of the application, the applicant shall disclose:(1) A description of the charity care to be given;(2) The name, location and contact information of the sponsoring charitable entity;(3) The specific location and date of the charity care to be provided;(4) The procedure for continued dental care for patients in compliance with §108.5 of this title (relating to Patient Abandonment);(5) The procedure for emergency care for patients and reporting to the Board in compliance with §108.6 of this title (relating to Report of Patient Death or Injury Requiring Hospitalization);(6) The procedure for maintenance of patient records in compliance with §108.8 of this title (relating to Records of the Dentist); and(7) Any other relevant information regarding the charity care to be given as requested by the Board.(d) A dentist issued a license under this section shall:(1) confine the dentist's practice to voluntary charity care;(2) practice only in a geographic area specified by the license; and(3) practice only for the period specified by the license.(e) A dentist issued a license under this section shall maintain the license where the charitable services are provided.(f) A dentist issued a license under this section shall not administer any form of anesthesia, other than local, without obtaining the proper permit from the Board.(g) The Board shall take disciplinary action against a dentist licensed under this section for a violation of this section or Board rules in the same manner as against a dentist licensed under Texas Occupations Code, Chapter 256, Subchapter A.", "sourceNote": "Source Note: The provisions of this §101.10 adopted to be effective August 25, 2013, 38 TexReg 5261." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194458", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.11", "label": "Employment by Estate of Dentist or Person Acting for Mentally Incompetent Dentist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170752", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Texas Occupations Code, Title 3, Subtitle D, does not prevent a person who is the administrator or executor of the estate of a dentist or a person who is legally authorized to act for a dentist adjudicated to be mentally incompetent from employing a licensed dentist to:(1) carry on the deceased or mentally incompetent dentist's practice for a reasonable period, as determined by the Board; or(2) conclude the affairs of the practice, including the sale of any assets.(b) Texas Occupations Code, Title 3, Subtitle D, does not prevent a licensed dentist from working for a person described by subsection (a) of this section during the administration of the estate or the period of incompetency.(c) For purposes of this section, \"reasonable period\" means a period of no more than twelve (12) months from the date of the dentist's death or the date the dentist is lawfully determined to be mentally incompetent, whichever is applicable.(d) This subsection provides for the designation or appointment of a person as custodian of a dentist's billing or dental patient records if the dentist dies, becomes mentally or physically incapacitated, or abandons such records.(1) If a dentist to whom this subsection applies has entered into a records transfer agreement in compliance with the provisions of 22 TAC §108.8(e)(2) (relating to Records of the Dentist), the custodian of records under this subsection is the person designated as the transferee under that agreement.(2) If a dentist to which this subsection applies has not entered into a records transfer agreement in compliance with 22 TAC §108.8(e)(2), the dentist may, upon initial licensure as a dentist, and at each renewal period, designate a custodian of records who shall act as temporary or permanent custodian for the dentist in the event of the dentist's death, incapacity or abandonment of the records. A custodian of records designated under this paragraph shall maintain the records in a manner consistent with 22 TAC §108.8 and is responsible for complying with 22 TAC §108.8(f) and (g).(3) A custodian of records to which this subsection applies may be:(A) employed by the administrator or estate of the dentist in the event of death or mental or physical incapacitation of the dentist; or(B) designated as needed:(i) during an unexplained disappearance of the dentist; or(ii) in the event of the abandonment of the dentist's patients without reasonable cause.(e) If a licensed dentist has designated a person under subsection (d) of this section who is not a licensed dentist as a custodian of records, that person may serve as the custodian for a reasonable period of time as defined in subsection (c) of this section, and must ensure safe transfer of the patient records to each patient or another licensed dentist as soon as reasonably practicable.(f) Should a custodian of records designated under subsection (d) of this section be unable to serve as custodian of records, or if a dentist to whom subsection (d) applies has not entered into a records transfer agreement as provided by subsection (d)(1) and has failed to designate a custodian under subsection (d)(2) for the dentist's most recent license period, the Board shall review and attempt to appoint an available custodian of records in the immediate area of the dentist's practice who may serve as custodian. The Board shall prioritize the security of patient health information and access to dental records.(g) A custodian of records designated or appointed under this rule shall not be held responsible for any violations of the Dental Practice Act or Board rules occurring before the custodian is in possession of the licensed dentist's patient records, or any violations attributable to the actions of the licensed dentist who previously held the patient records. Designation or appointment as a custodian of records under this rule does not create a dentist-patient relationship between the custodian and patients of the licensed dentist.", "sourceNote": "Source Note: The provisions of this §101.11 adopted to be effective September 3, 2014, 39 TexReg 6855; amended to be effective March 20, 2019, 44 TexReg 1438." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170752", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.12", "label": "Provisional Licensing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190790", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:(1) In conjunction with the application for provisional licensure, has submitted an application for licensure by examination or licensure by credentials on the appropriate form promulgated by the Board; and(2) Meets the requirements of Texas Occupations Code section 256.1013.(b) As provided by Texas Occupations Code section 256.1013, an applicant for provisional licensure must be sponsored by a person who holds an appropriate license under this subtitle and with whom the provisional licensure holder will practice during the time the person holds a provisional license. The Board may waive the sponsorship requirement if the Board determines that compliance with that requirement would be a hardship to the applicant. The applicant has the burden of demonstrating hardship.", "sourceNote": "Source Note: The provisions of this §101.12 adopted to be effective December 28, 2014, 39 TexReg 10014." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190790&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190790", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.13", "label": "Military Limited Volunteer License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218296", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist with a Military Limited Volunteer License may only practice at a clinic that primarily treats indigent patients and may not receive direct or indirect compensation for services rendered at the clinic.(b) A person is eligible for a Military Limited Volunteer License if they:(1) Are licensed in good standing or are retired in good standing in another state.(2) Are or were authorized to treat personnel enlisted in a branch of the United States armed forces or veterans.(c) A person is ineligible for a Military Limited Volunteer License if they:(1) Hold a dentist or dental hygienist license in another state that is current under active investigation or has been subject to a disciplinary order or action;(2) Hold a license to prescribe, dispense, administer, supply, or sell a controlled substance that is currently under active investigation or has been subject to a disciplinary order or action;(3) Have been convicted of, is on deferred adjudication community supervision, or deferred disposition for, or is under active investigation for the commission of a felony or a misdemeanor involving moral turpitude.(d) Except for the limitations described in subsection (a) of this section, a Military Limited Volunteer License holder has the same privileges and responsibilities of any other licensee and is similarly subject to board rules, including rules regarding standard of care, record keeping, disciplinary actions, license registration and renewal, and continuing education, except that there will not be any fees associated with the issuance or renewal of the license.", "sourceNote": "Source Note: The provisions of this §101.13 adopted to be effective May 10, 2018, 43 TexReg 2773." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218296", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.14", "label": "Exemption from Licensure for Certain Military Service Members and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199838", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director of the Texas State Board of Dental Examiners must authorize a qualified military service member or military spouse to practice dentistry in Texas without obtaining a license in accordance with §55.0041(a), Texas Occupations Code. This authorization to practice is valid during the time the military service member or, with respect to a military spouse, the military service member to whom the military spouse is married is stationed at a military installation in Texas, but is not to exceed three years.(b) In order to receive authorization to practice the military service member or military spouse must:(1) hold an active license to practice dentistry in another state, territory, Canadian province, or country that:(A) has licensing requirements that are determined by the board to be substantially equivalent to the requirements for licensure in Texas; and(B) is not subject to any restriction, disciplinary order, probation, or investigation;(2) notify the board of the military service member or military spouse's intent to practice in Texas on a form prescribed by the board; and(3) submit proof of the military service member or military spouse's residency in this state, a copy of the military service member or military spouse's military identification card, and proof of the military service member's status as an active duty military service member as defined by §437.001(1), Texas Government Code (relating to Definitions). To establish residency, the military service member or military spouse must submit:(A) a copy of the permanent change of station order for the military service member or military service member to whom the military spouse is married;(B) a Texas address; and(C) the name and address of the Texas military installation.(c) While authorized to practice dentistry in Texas, the military service member or military spouse shall comply with all other laws and regulations applicable to the practice of dentistry in Texas.(d) The board has 30 days from the date a military service member or military spouse submits the information required by subsection (b) of this section to:(1) verify that the member or spouse is active and in good standing in a jurisdiction that has licensing requirements that are substantially equivalent to the requirements for licensure in Texas; and(2) issue an authorization recognizing the licensure as the equivalent license in this state.(e) In the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse received the authorization described by subsection (d) of this section. A similar event includes the death of the military service member or the military service member's discharge from the military.(f) This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.", "sourceNote": "Source Note: The provisions of this §101.14 adopted to be effective June 25, 2020, 45 TexReg 4198; amended to be effective December 31, 2021, 46 TexReg 9036; amended to be effective May 23, 2024, 49 TexReg 3563." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199838", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "101", "label": "DENTAL LICENSURE" }, "rule": { "number": "§101.15", "label": "Reinstatement of a Cancelled License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224382", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board may reinstate a cancelled Texas dental license to active status, provided the license holder submits an application for reinstatement on a form prescribed by the Board, pays the appropriate fees due at the time application is made, and meets the requirements of this subsection.(1) An applicant who, at the time of application for reinstatement, is practicing dentistry in another state, or territory outside of the United States, and has practiced dentistry actively within the two years immediately preceding the date of application, shall provide:(A) verification of licensure and disciplinary history from all state board(s) of dentistry where the licensee has held a license;(B) proof of active practice within the two years preceding the application;(C) proof that the licensee has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(D) proof of successful completion of a current course in basic life support;(E) proof of completion of 12 hours of continuing education, taken within the 12 months preceding the date the application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title (relating to Continuing Education); and(F) proof of submission of fingerprints for the retrieval of criminal history record information.(2) An applicant who has not actively practiced for at least two years immediately preceding the request for reinstatement of a cancelled license must submit proof that the applicant has taken and passed the appropriate general dentistry clinical examination administered by a regional examining board designated by the Board as required by §101.2 of this chapter (relating to Licensure by Examination) pursuant to §257.002(d) of the Dental Practice Act.(3) An applicant who applies to reinstate a cancelled license must comply with all other applicable provisions of the Dental Practice Act and Board rules.(4) An applicant who applies to reinstate a cancelled license must have been in compliance or satisfied all conditions of any Board order that may have been in effect at the time the license was cancelled.(5) The Board may, in its discretion as necessary to safeguard public health and safety, require compliance with other reasonable conditions in considering a request to reinstate a cancelled license.", "sourceNote": "Source Note: The provisions of this §101.15 adopted to be effective June 25, 2020, 45 TexReg 4198." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224382", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "102", "label": "FEES" }, "rule": { "number": "§102.1", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26466", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective March 12, 2024, the Board has established the following reasonable and necessary fees for the administration of its function. Upon initial licensure or registration, and at each renewal, the fees provided in subsections (b) - (d) of this section shall be due and payable to the Board.Attached Graphic(b) Pursuant to Texas Occupations Code §554.006, the Board shall assess a reasonable and necessary fee on dental licensure and renewal sufficient to permit the Texas State Board of Pharmacy to operate the prescription monitoring program described by Texas Health and Safety Code §§481.075, 481.076, and 481.0761. The Board shall assess the fee in accordance with the General Appropriations Act for the respective biennium applicable for the licensure or renewal period, and in compliance with any other applicable Texas law.(c) Pursuant to Texas Government Code §2054.252, the Board shall assess a reasonable and necessary fee on all licensure/registration and renewal types sufficient to cover the cost of subscription fees to permit the Texas Department of Information Resources to implement the state internet portal Texas.gov. The Board shall assess the fee in accordance with Texas Department of Information Resources approved fee rates, and in compliance with any other applicable Texas law.(d) Pursuant to Texas Occupations Code §254.010(b)(3), the Board shall assess a reasonable and necessary fee on dental, dental hygiene, and registered dental assistant licensure/registration and renewal types sufficient to permit the monitoring of disciplinary action taken against license and registration holders through reports filed with the National Practitioner Data Bank. The Board shall assess the fee in accordance with the approved fees announced by the U.S. Department of Health & Human Services for query and monitoring of practitioners.(e) The Board shall make available a list of all applicable fees under subsections (a) - (d) of this section to licensees and registrants on the public website of the Board, and shall provide a list of applicable fees upon written request. The Board shall provide a statement of due and payable fees to each licensee and registrant in advance of the applicable renewal period for license or registration renewal.(f) Failure to timely renew a license or registration may subject the licensee or registrant to disciplinary action for practice with an expired license or registration, in addition to any late fees assessed by the Board for renewal of a license. For purposes of Board action, continuing to practice with an expired license or registration in excess of one hundred eighty days past the renewal date of the license or registration shall represent grounds for disciplinary action absent good cause shown by the licensee or registrant for failure to timely renew.", "sourceNote": "Source Note: The provisions of this §102.1 adopted to be effective May 26, 2005, 30 TexReg 3017; amended to be effective November 27, 2005, 30 TexReg 7742; amended to be effective October 7, 2009, 34 TexReg 6851; amended to be effective August 25, 2013, 38 TexReg 5261; amended to be effective December 10, 2013, 38 TexReg 8830; amended to be effective December 28, 2014, 39 TexReg 10014; amended to be effective March 23, 2015, 40 TexReg 1707; amended to be effective December 14, 2015, 40 TexReg 8887; amended to be effective August 7, 2016, 41 TexReg 5546; amended to be effective May 10, 2018, 43 TexReg 2773; amended to be effective September 24, 2018, 43 TexReg 6274; amended to be effective September 12, 2019, 44 TexReg 4866; amended to be effective October 1, 2020, 45 TexReg 6767; amended to be effective September 5, 2023, 48 TexReg 4857; amended to be effective November 23, 2023, 48 TexReg 6742; amended to be effective May 23, 2024, 49 TexReg 3563; amended to be effective November 28, 2024, 49 TexReg 9754; amended to be effective March 13, 2025, 50 TexReg 1820." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26466", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "102", "label": "FEES" }, "rule": { "number": "§102.2", "label": "Open Records Requests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225922", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Open records requests. The following rules apply to requests for records under the Public Information Act, Government Code, Chapter 552.(1) Requests must be in writing and reasonably identify the records requested.(2) Records access will be by appointment only.(3) Records access is available only during the regular business hours of the agency.(4) Unless confidential information is involved, review may be by physical access or by duplication at the requestor's option. However, any person whose request would be unduly disruptive to the ongoing business of the office may be denied physical access and will be provided the option of receiving copies. Costs of duplication shall be the responsibility of the requesting party in accordance with the established fees and shall be payable at the time of receipt of records if in person or in advance if by mail.(5) When the safety of any public record is at issue, physical access may be denied and the records will be provided by duplication as previously described.(6) All open records request appointments will be referred to the Legal Division before complying with a request.(b) Charges for copies of public records. In accordance with Government Code, Chapter 552, the following specifies the charges the State Board of Dental Examiners will make for copies of public records. These charges are based on the full cost to the agency for providing the copies.(1) Definitions. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise.(A) Actual cost--The sum of all direct costs plus a proportional share of overhead or indirect costs.(B) Board/agency--State Board of Dental Examiners.(C) Nonstandard copy--A copy of public information that is made available to a requestor in any format other than a standard paper copy. Microfiche, microfilm, diskette, magnetic tape, CD-ROM, are examples of nonstandard copies. Paper copies larger than 8 1/2 x 14 inches (legal size) also are considered nonstandard copies.(D) Standard paper copy--A printed impression on one side of a piece of paper that measures up to 8 1/2 x 14 inches. Each side of a piece of paper on which an impression is made is counted as a single copy. A piece of paper that is printed on both sides is counted as two copies.(2) Charges.(A) Standard paper copy. The charge for standard paper copies reproduced by means of an office machine copier or a computer printer is $.10 per page or part of a page. Each side that has a printed image is considered a page.(B) Nonstandard copy. These charges are to cover the cost of materials onto which information is copied and do not reflect any additional charge that may be associated with a particular request. The charges for nonstandard copies are:(i) diskette--$1.00;(ii) tape cartridge--$11.50;(iii) oversize paper copy--$.50 per page;(iv) audio cassette--$1.00.(C) Programming personnel. If a particular request requires the services of a programmer in order to execute an existing program or to create a new program so that the requested information may be accessed and copied, the agency will charge for the actual cost of the programmer's time.(D) Other personnel charge. The charge for other personnel costs incurred in processing a request for public information is $15 an hour, including fringe benefits. Where applicable, the \"other personnel charge\" may include the actual time to locate, compile, and reproduce the requested information. An \"other personnel charge\" shall not be billed in connection with complying with requests that are for 50 or fewer pages of paper records for standard copies reproduced by means of a office machine copier or a computer printer.(E) When confidential information is mixed with public information in the same page, personnel time may be recovered for time spent to obliterate, blackout, or otherwise obscure confidential information in order to release the public information.(F) Overhead charge. Whenever any personnel charge is applicable to a request, the agency will include in the charges direct and indirect costs in addition to the specific personnel charge. This overhead charge would cover such costs as depreciation of capital assets, rent, maintenance and repair, utilities, and administrative overhead. This overhead charge is 20% of any personnel charges associated with a request. An overhead charge will not be made for requests of 50 pages or fewer of standard paper records.(G) Microfiche copies. The charge is $.10 per page for standard size paper copies plus any applicable personnel and overhead charge for more than 50 copies.(H) Computer resource charge. The computer resource charge is a utilization charge for computers based on the amortized cost of acquisition, lease, operation, and maintenance of computer resources. Such a charge might include, but is not limited to, some or all of the following: central processing units (CPUs), servers, disk drives, local area networks (LANs), printers, tape drives, other peripheral devices, communications devices, software, and system utilities. The charge made to recover the computer utilization cost is the actual time the computer takes to execute a particular program times the applicable rate. If programming is required to comply with a particular request, the cost of the programmer's time will be recovered.(I) Postal and shipping charges. The agency will add any related postal or shipping expenses which are necessary to transmit the reproduced information to the requesting party.(J) FAX charges. The charge for a fax transmitted locally is $.10 per page; for long distance transmission the charge will be $.50 for a fax sent within the sender's area code and $1.00 per page for a fax transmitted to a different area code.(K) Miscellaneous supplies. The actual cost of miscellaneous supplies, such as labels, boxes, and other supplies used to produce the requested information, will be added to the total charge for public information.(c) If a particular request may involve considerable time and resources to process, the agency may advise the requesting party of what may be involved and provide an estimate of date of completion and the charges that may result.(d) Payment for charges must be received by the State Board of Dental Examiners from requester before copies will be released.(e) A deposit may be required in the amount of the estimated charges if such charges are expected to exceed $100.(f) The agency has the discretion to furnish public records without charge or at a reduced charge if the agency determines that a waiver or reduction is in the public interest.(g) If the agency cannot produce the public information for inspection or duplication within ten calendar days after the date the agency received the request, the agency shall certify that fact in writing to the requester and set a date and hour within a reasonable time when the information will be available for inspection or duplication.(h) The agency may set the price for publications it publishes for public dissemination or it may disseminate them free of charge. This rule does not limit the costs of agency publications.(i) Public information requested by a member of the Texas Legislature in the performance of the member's duties shall be provided without charge.", "sourceNote": "Source Note: The provisions of this §102.2 adopted to be effective December 3, 1997, 22 TexReg 11674." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225922", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.1", "label": "General Qualifications for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226821", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person desiring to practice dental hygiene in the State of Texas must possess a license issued by the State Board of Dental Examiners (Board) as required by the Dental Practice Act and Board rules.(b) Any applicant for licensure under this chapter must meet the requirements of this section.(c) To be eligible for licensure, an applicant must present on or accompanying a licensure application form approved by the Board proof satisfactory to the Board that the applicant:(1) Is at least 18 years of age;(2) Is professionally fit, which is demonstrated by patterns of personal, academic and occupational behaviors, including final or pending disciplinary action on an occupational license, which, in the judgment of the Board, indicate honesty, accountability, trustworthiness, reliability, integrity, and ability;(3) Has graduated from an accredited high school or holds a certificate of high school equivalency, General Equivalency Diploma (GED);(4) Has graduated from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association (CODA) with a degree in dentistry or a degree or certificate in dental hygiene, or has graduated from a CODA-accredited school or college of dental hygiene with a degree in dental hygiene;(5) Has taken and passed the examination for dental hygienists given by the American Dental Association Joint Commission on National Dental Examinations;(6) Has met the requirements of §101.8 of this title (relating to Persons with Criminal Backgrounds);(7) Has successfully completed a current course in basic life support;(8) Has taken and passed the jurisprudence assessment administered by the Board or an entity designated by the Board within one year prior to application;(9) Has paid all application, examination and licensing fees required by the Dental Practice Act and Board rules;(10) Has submitted fingerprints for the retrieval of criminal history record information; (11) Has completed a course in human trafficking prevention approved by the executive commissioner of the Texas Health and Human Services Commission; and(12) Has submitted a National Practitioner Data Bank self-query report upon initial licensure. The report results must remain in the original sealed envelope.(d) Applications for licensure must be delivered to the office of the Board.(e) An application for licensure is filed with the Board when it is actually received, date-stamped, and logged-in by the Board along with all required documentation and fees. An incomplete application for licensure and fee will be returned to applicant with an explanation of additional documentation or information needed.(f) Each applicant must submit to the Board the documents and information required by this chapter and other documents or information requested by the Board to evaluate an application and take appropriate actions.(g) An applicant for licensure is ineligible if they are in violation of a board order at the time of application.", "sourceNote": "Source Note: The provisions of this §103.1 adopted to be\r\neffective January 1, 1976; amended to be effective March 9, 1984,\r\n9 TexReg 1217; amended to be effective February 20, 1992, 17 TexReg\r\n1090; amended to be effective December 24, 1992, 17 TexReg 8730; amended\r\nto be effective December 14, 1993, 18 TexReg 8901; amended to be effective\r\nDecember 3, 1997, 22 TexReg 11674; amended to be effective September\r\n21, 2004, 29 TexReg 9003; amended to be effective February 20, 2005,\r\n30 TexReg 716; amended to be effective October 7, 2009, 34 TexReg\r\n6851; amended to be effective December 22, 2010, 35 TexReg 11254;\r\namended to be effective May 29, 2013, 38 TexReg 3345; amended to be\r\neffective May 10, 2018, 43 TexReg 2773; amended to be effective September\r\n30, 2021, 46 TexReg 6404; amended to be effective August 28, 2025, 50\r\nTexReg 5469." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226821", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.2", "label": "Licensure by Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210861", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the general qualifications for licensure contained in §103.1 of this chapter (relating to General Qualifications for Licensure), an applicant for dental hygienist licensure by examination must present proof that the applicant has taken and passed the appropriate live patient or hands-on simulation clinical examination administered by a regional examining board designated by the Board.(b) Designated regional examining boards.(1) The following regional examining boards have been designated as acceptable by the Board as of the effective dates shown:(A) The Commission on Dental Competency Assessments-The Western Regional Examining Board-The Council of Interstate Testing Agencies (CDCA-WREB-CITA), August 1, 2022; and(B) Central Regional Dental Testing Service-States Resources for Testing and Assessments (CRDTS-SRTA), January 6, 2025. (2) Examination results will be accepted for seven years from the date of the examination.(c) Remediation.(1) If an applicant for Texas dental hygienist licensure fails three dental hygiene live patient or hands-on simulation clinical examination attempts, the applicant must complete 40 hours of a clinical remediation course through a CODA-accredited dental hygiene program approved by Board staff.(2) If an applicant fails four or more dental hygiene live patient or hands-on simulation clinical examination attempts, the applicant must complete 150 hours of a clinical remediation course through a CODA-accredited dental hygiene program approved by Board staff. (3) All programs of clinical remediation require prior approval by Board staff. Applicants will be responsible for locating, identifying and obtaining approval from Board staff prior to registration for any program.(4) Re-examination must be accomplished within 18 months of the date Board staff approves a remediation program for the applicant.", "sourceNote": "Source Note: The provisions of this §103.2 adopted\r\nto be effective September 21, 2004, 29 TexReg 9003; amended to be\r\neffective February 20, 2005, 30 TexReg 716; amended to be effective\r\nDecember 22, 2010, 35 TexReg 11254; amended to be effective May 29,\r\n2013, 38 TexReg 3345; amended to be effective July 8, 2021, 46 TexReg\r\n4025; amended to be effective November 24, 2022, 47 TexReg 7684; amended\r\nto be effective August 28, 2025, 50 TexReg 5469; amended to be effective\r\nNovember 27, 2025, 50 TexReg 7565." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210861", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.3", "label": "Licensure by Credentials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199840", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the general qualifications for licensure contained in §103.1 of this chapter (relating to General Qualifications for Licensure), an applicant for dental hygienist licensure by credentials must present proof that the applicant:(1) Is currently licensed as a dentist or dental hygienist in good standing in another state, the District of Columbia, or territory of the United States, provided that such licensure followed successful completion of a dental hygiene live patient or hands-on simulation clinical examination administered by another state or regional examining board;(2) Has practiced dentistry or dental hygiene:(A) For a minimum of three years out of the five years immediately preceding application to the Board; or(B) As a dental educator at a CODA-accredited dental or dental hygiene school for a minimum of five years immediately preceding application to the Board;(3) Is endorsed by the state board of dentistry that has jurisdiction over the applicant's current practice. Such endorsement is established by providing a copy under seal of the applicant's current license and by a certified statement that the applicant has current good standing in said jurisdiction;(4) Has completed 12 hours of continuing education taken within the 12 months preceding the date the licensure application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title (relating to Continuing Education); and(5) Has successfully passed background checks for criminal or fraudulent activities, to include information from: the National Practitioner Data Bank, the Healthcare Integrity and Protection Data Bank and/or the American Association of Dental Boards (AADB) Clearinghouse for Disciplinary Action.(b) Practice experience described in subsection (a)(2) of this section must be subsequent to applicant having graduated from a CODA-accredited dental or dental hygiene school.", "sourceNote": "Source Note: The provisions of this §103.3 adopted to be effective September 21, 2004, 29 TexReg 9003; amended to be effective October 7, 2009, 34 TexReg 6851; amended to be effective May 19, 2010, 35 TexReg 3814; amended to be effective May 29, 2013, 38 TexReg 3345; amended to be effective June 25, 2020, 45 TexReg 4199; amended to be effective November 24, 2022, 47 TexReg 7684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199840", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.4", "label": "Temporary Licensure by Credentials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190793", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the general qualifications for licensure contained in §103.1 of this chapter (relating to General Qualifications for Licensure), an applicant for temporary dental hygienist licensure by credentials must present proof that the applicant:(1) Is currently licensed in good standing in another state, the District of Columbia, or territory of the United States, provided that such licensure followed successful completion of a dental hygiene clinical examination administered by another state or regional examining board;(2) Is endorsed by the state board of dentistry that has jurisdiction over the current practice. Such endorsement is established by providing a copy under seal of the applicant's current license, and by a certified statement that the applicant has current good standing in said jurisdiction;(3) Is currently employed by a nonprofit corporation that is organized under the Texas Non Profit Corporation Act, and that accepts Medicaid reimbursement;(4) Has completed 12 hours of continuing education taken within the 12 months preceding the date the licensure application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title (relating to Continuing Education); and(5) Has successfully passed background checks for criminal or fraudulent activities, to include information from: the National Practitioner Data Bank, the Healthcare Integrity and Protection Data Bank and/or the American Association of Dental Boards (AADB) Clearinghouse for Disciplinary Action.(b) A license granted under this section is valid only for practice as an employee of the non-profit corporation named on the application.(c) A dental hygienist holding a temporary license issued under this section may renew the license by submitting a renewal application and paying all required fees.(d) A dental hygienist holding a temporary license may obtain a license under the provisions of §103.3 of this chapter (relating to Licensure by Credentials) when the dental hygienist meets the practice requirements set forth in that section, by requesting in writing that the Board issue such license and by paying a fee equal to the difference between the application fee charged under §103.3 of this chapter and the application fee charged under this section.", "sourceNote": "Source Note: The provisions of this §103.4 adopted to be effective September 21, 2004, 29 TexReg 9003; amended to be effective May 19, 2010, 35 TexReg 3814; amended to be effective May 29, 2013, 38 TexReg 3345; amended to be effective June 25, 2020, 45 TexReg 4200." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190793", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.5", "label": "Staggered Dental Hygiene Registrations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164795", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board, pursuant to Occupations Code, Chapter 257, §257.001, Texas Civil Statutes has established a staggered license registration system comprised of initial dental hygiene license registration periods followed by biennial registrations (i.e., renewals).(b) The initial dental hygiene license registration periods will range from 18 months to 30 months. The length of the initial license registration period will be determined by the licensee's birth month, but will be no less than 18 months. The expiration of the initial license will be based on the licensee's birth month. Initial dental license fees will be prorated according to the number of months of the initial license period.(c) Prior to the expiration date of the initial dental hygiene license registration period, a license renewal notice will be mailed to all dental hygiene licensees who have that expiration date.(d) A license registration expired for one year or more may not be renewed.(e) An initial license expires on the 30th day after the date the license is issued if the holder of the license fails to pay the required license fee on or before that date.", "sourceNote": "Source Note: The provisions of this §103.5 adopted to be effective September 21, 2004, 29 TexReg 9003; amended to be effective September 14, 2010, 35 TexReg 8342; amended to be effective May 29, 2013, 38 TexReg 3345; amended to be effective May 10, 2018, 43 TexReg 2774." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164795", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.6", "label": "Dental Hygienist Licensing for Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162078", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board may issue a license to a dental hygienist applicant who is a Military service member, Military veteran, or Military spouse in compliance with §101.6 of this title (relating to Dental Licensing for Military Service Members, Military Veterans, and Military Spouses).", "sourceNote": "Source Note: The provisions of this §103.6 adopted to be effective June 10, 2012, 37 TexReg 4042; amended to be effective May 29, 2013, 38 TexReg 3345; amended to be effective December 10, 2013, 38 TexReg 8830." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162078&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162078", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.7", "label": "Retired License Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162079", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application.(1) A holder of a valid and current Texas dental hygiene license may apply to the Board to have the license placed on retired status.(2) A licensee must apply to the Board for retired status, on a form prescribed by the Board, before the expiration date of the person's Texas license.(3) The Board shall deny a request to place a license on retired status if there are any current or pending complaints or disciplinary actions against the license holder.(b) Reinstatement. The Board may reinstate a retired Texas dental hygiene license to active status, provided the license holder submits an application for reinstatement on a form prescribed by the Board, pays the appropriate fees due at the time application is made, and meets the requirements of this subsection.(1) A license holder who, at the time of application for reinstatement, is practicing dental hygiene in another state, or territory outside of the United States, or had practiced dental hygiene actively within the two years immediately preceding the date of application, shall provide:(A) verification of licensure and disciplinary history from all state board(s) of dentistry where the licensee has held a license;(B) proof of active practice within the two years preceding the application;(C) proof that the licensee has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(D) proof of successful completion of a current course in basic life support;(E) proof of completion of 12 hours of continuing education, taken within the 12 months preceding the date the application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title (relating to Continuing Education); and(F) proof of submission of fingerprints for the retrieval of criminal history record information.(2) A license holder who has not actively practiced for at least two years immediately preceding the request for reinstatement of a retired license shall provide:(A) verification of licensure and disciplinary history from all state board(s) of dentistry where the licensee has held a license;(B) proof that the licensee has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(C) proof of successful completion of a current course in basic life support;(D) proof of completion of 24 hours of continuing education, of which a minimum of 12 hours must be clinical (hands-on). All hours must have been taken within the 12 months preceding the date the application is received by the Board and shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title; and(E) proof of submission of fingerprints for the retrieval of criminal history record information.(3) A license holder who applies to reenter active practice must comply with all other applicable provisions of the Dental Practice Act and Board rules.(4) A license holder who applies to reenter active practice must have been in compliance or satisfied all conditions of any Board order that may have been in effect at the time retired status was granted.(5) The Board may, in its discretion as necessary to safeguard public health and safety, require compliance with other reasonable conditions in considering a request to reenter active practice.", "sourceNote": "Source Note: The provisions of this §103.7 adopted to be effective February 23, 2006, 31 TexReg 1034; amended to be effective February 24, 2008, 33 TexReg 1546; amended to be effective October 7, 2009, 34 TexReg 6852; amended to be effective May 29, 2013, 38 TexReg 3345." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162079&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162079", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.8", "label": "Criminal History Evaluation Letter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190794", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person enrolled or planning to enroll in an educational program that prepares the person for initial licensure as a dental hygienist and who has reason to believe that he or she may be ineligible for licensure due to a conviction or deferred adjudication for a felony or a misdemeanor offense, may petition the Board for a Criminal History Evaluation Letter.(b) The requestor must submit a petition that includes:(1) a statement by the requestor indicating the reason(s) and basis of potential ineligibility;(2) any applicable court documents including, but not limited to, indictments, orders of deferred adjudication, judgments, probation records and evidence of completion of probation;(3) any other documentation requested by the Board; and(4) the required fee.(c) An investigation of the requestor's eligibility may be conducted.(d) If the Board determines that a ground for ineligibility does not exist, it shall notify the requestor in writing of the Board's determination on each ground of potential ineligibility.(e) If the Board determines that the requestor is ineligible for a license, it shall issue a letter setting out each basis for potential ineligibility and the Board's determination as to eligibility. In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the Board at the time the letter is issued, the Board's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter.(f) The Board shall provide notice under subsection (d) of this section or issue a letter under subsection (e) of this section no later than the ninetieth (90th) day after the date the Board receives the request.(g) The Board shall charge a person requesting an evaluation a fee not to exceed $100 to cover the cost of administering this section. The fee shall be non-refundable.", "sourceNote": "Source Note: The provisions of this §103.8 adopted to be effective May 19, 2010, 35 TexReg 3814; amended to be effective May 29, 2013, 38 TexReg 3345." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190794", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.9", "label": "Military Limited Volunteer License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218298", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dental hygienist with a Military Limited Volunteer License may only practice at a clinic that primarily treats indigent patients and may not receive direct or indirect compensation for services rendered at the clinic.(b) A person is eligible for a Military Limited Volunteer License if they:(1) Are licensed in good standing or are retired in good standing in another state.(2) Are or were authorized to treat personnel enlisted in a branch of the United States armed forces or veterans.(c) A person is ineligible for a Military Limited Volunteer License if they:(1) Hold a dentist or dental hygienist license in another state that is current under active investigation or has been subject to a disciplinary order or action;(2) Hold a license to prescribe, dispense, administer, supply, or sell a controlled substance that is currently under active investigation or has been subject to a disciplinary order or action; or(3) Have been convicted of, is on deferred adjudication community supervision, or deferred disposition for, or is under active investigation for the commission of a felony or a misdemeanor involving moral turpitude.(d) Except for the limitations described in subsection (a) of this section, a Military Limited Volunteer License holder has the same privileges and responsibilities of any other licensee and is similarly subject to board rules, including rules regarding standard of care, record keeping, disciplinary actions, license registration and renewal, and continuing education, except that there will not be any fees associated with the issuance or renewal of the license.", "sourceNote": "Source Note: The provisions of this §103.9 adopted to be effective May 10, 2018, 43 TexReg 2774." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218298", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.10", "label": "Exemption from Licensure for Certain Military Service Members and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199832", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director of the Texas State Board of Dental Examiners must authorize a qualified military service member or military spouse to practice as a dental hygienist in Texas without obtaining a license in accordance with §55.0041(a), Texas Occupations Code. This authorization to practice is valid during the time the military service member or, with respect to a military spouse, the military service member to whom the military spouse is married is stationed at a military installation in Texas, but is not to exceed three years.(b) In order to receive authorization to practice the military service member or military spouse must:(1) hold an active dental hygienist license in another state, territory, Canadian province, or country that:(A) has licensing requirements that are determined by the board to be substantially equivalent to the requirements for licensure in Texas; and(B) is not subject to any restriction, disciplinary order, probation, or investigation;(2) notify the board of the military service member or military spouse's intent to practice in Texas on a form prescribed by the board; and(3) submit proof of the military service member or military spouse's residency in this state, a copy of the military service member or military spouse's military identification card, and proof of the military service member's status as an active duty military service member as defined by §437.001(1), Texas Government Code (relating to Definitions). To establish residency, the military service member or military spouse must submit:(A) a copy of the permanent change of station order for the military service member or military service member to whom the military spouse is married;(B) a Texas address; and(C) the name and address of the Texas military installation.(c) While authorized to practice as a dental hygienist in Texas, the military service member or military spouse shall comply with all other laws and regulations applicable to the practice of dentistry in Texas.(d) The board has 30 days from the date a military service member or military spouse submits the information required by subsection (b) of this section to:(1) verify that the member or spouse is active and in good standing in a jurisdiction that has licensing requirements that are substantially equivalent to the requirements for licensure in Texas; and(2) issue an authorization recognizing the licensure as the equivalent license in this state.(e) In the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse received the authorization described by subsection (d) of this section. A similar event includes the death of the military service member or the military service member's discharge from the military.(f) This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.", "sourceNote": "Source Note: The provisions of this §103.10 adopted to be effective June 25, 2020, 45 TexReg 4200; amended to be effective December 31, 2021, 46 TexReg 9036; amended to be effective May 23, 2024, 49 TexReg 3564." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199832", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "103", "label": "DENTAL HYGIENE LICENSURE" }, "rule": { "number": "§103.11", "label": "Reinstatement of a Cancelled License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225924", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board may reinstate a cancelled Texas dental hygiene license to active status, provided the license holder submits an application for reinstatement on a form prescribed by the Board, pays the appropriate fees due at the time application is made, and meets the requirements of this subsection.(1) An applicant who, at the time of application for reinstatement, is practicing dental hygiene in another state, or territory outside of the United States, and has practiced dental hygiene actively within the two years immediately preceding the date of application, shall provide:(A) verification of licensure and disciplinary history from all state board(s) of dentistry where the licensee has held a license;(B) proof of active practice within the two years preceding the application;(C) proof that the licensee has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(D) proof of successful completion of a current course in basic life support;(E) proof of completion of 12 hours of continuing education, taken within the 12 months preceding the date the application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by Chapter 104 of this title (relating to Continuing Education); and(F) proof of submission of fingerprints for the retrieval of criminal history record information.(2) An applicant whose license has been expired for one year or more, who has not actively practiced for at least two years immediately preceding the request for reinstatement of a cancelled license, must submit proof that the applicant has taken and passed the appropriate clinical examination administered by a regional examining board designated by the Board as required by §103.2 of this chapter (relating to Licensure by Examination) pursuant to §257.002(d) of the Dental Practice Act.(3) An applicant who applies to reinstate a cancelled license must comply with all other applicable provisions of the Dental Practice Act and Board rules.(4) An applicant who applies to reinstate a cancelled license must have been in compliance or satisfied all conditions of any Board order that may have been in effect at the time the license was cancelled.(5) The Board may, in its discretion as necessary to safeguard public health and safety, require compliance with other reasonable conditions in considering a request to reinstate a cancelled license.", "sourceNote": "Source Note: The provisions of this §103.11 adopted to be effective June 25, 2020, 45 TexReg 4200." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225924", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "104", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§104.1", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225925", "queryAsDate": "03/11/2026" }, "ruleBody": "As a prerequisite to the biennial renewal of a dental or dental hygiene license, proof of completion of 24 hours of acceptable continuing education is required.(1) Each licensee shall select and participate in the continuing education courses endorsed by the providers identified in §104.2 of this title (relating to Providers). A licensee, other than a licensee who resides outside of the United States, who is unable to meet education course requirements may request that alternative courses or procedures be approved by the Licensing Committee.(A) Such requests must be in writing and submitted to and approved by the Licensing Committee prior to the expiration of the biennial period for which the alternative is being requested.(B) A licensee must provide supporting documentation detailing the reason why the continuing education requirements set forth in this section cannot be met and must submit a proposal for alternative education procedures.(C) Acceptable causes may include unanticipated financial or medical hardships or other extraordinary circumstances that are documented.(D) A licensee who resides outside of the United States may, without prior approval of the Licensing Committee, complete all required hours of coursework by self-study.(i) These self-study hours must be provided by those entities cited in §104.2 of this title. Examples of self-study courses include correspondence courses, video courses, audio courses, and reading courses.(ii) Upon being audited for continuing education compliance, a licensee who submits self-study hours under this subsection must be able to demonstrate residence outside of the United States for all periods of time for which self-study hours were submitted.(E) Should a request to the Licensing Committee be denied, the licensee must complete the requirements of this section.(2) Effective September 1, 2018, the following conditions and restrictions shall apply to coursework submitted for renewal purposes: (A) At least 16 hours of coursework must be either technical or scientific as related to clinical care. The terms \"technical\" and \"scientific\" as applied to continuing education shall mean that courses have significant intellectual or practical content and are designed to directly enhance the practitioner's knowledge and skill in providing clinical care to the individual patient.(B) Effective January 1, 2021, a licensed dentist whose practice includes direct patient care must complete not less than 2 hours of continuing education annually, and not less than 4 hours for each biennial renewal, regarding safe and effective pain management related to the prescription of opioids and other controlled substances. These 4 hours may be used to satisfy the 16-hour technical and scientific requirement. The courses taken to satisfy the safe and effective pain management requirement must include education regarding:(i) reasonable standards of care;(ii) the identification of drug-seeking behavior in patients; and(iii) effectively communicating with patients regarding the prescription of an opioid or other controlled substance.(C) Up to 8 hours of coursework may be in risk-management courses. Acceptable \"risk management\" courses include courses in risk management, record-keeping, and ethics. Dentists may complete continuing education courses described by §111.1 of this title (relating to Additional Continuing Education Required) to satisfy a portion of the risk-management requirement.(D) Up to 8 hours of coursework may be self-study. These self-study hours must be provided by those entities cited in §104.2 of this title. Examples of self-study courses include correspondence courses, video courses, audio courses, and reading courses.(E) Hours of coursework in the standards of the Occupational Safety and Health Administration (OSHA) annual update course or in cardiopulmonary resuscitation (CPR) basic life support training may not be considered in the 24-hour requirement.(F) Hours of coursework in practice finance may not be considered in the 24-hour requirement.(3) As part of the 24-hour requirement, a course in human trafficking prevention approved by the executive commissioner of the Texas Health and Human Services Commission must be completed.(4) Each licensee shall complete the jurisprudence assessment every four (4) years. This requirement is in addition to the twenty-four (24) hours of continuing education required biennially for the renewal of a license.(5) A licensee may carry forward continuing education hours earned prior to a renewal period which are in excess of the 24-hour requirement and such excess hours may be applied to subsequent years' requirements. Excess hours to be carried forward must have been earned in a classroom setting and within the one year immediately preceding the renewal period. A maximum of 24 total excess credit hours may be carried forward.(6) Examiners for The Commission on Dental Competency Assessments-The Western Regional Examining Board-The Council of Interstate Testing Agencies (CDCA-WREB-CITA) and Central Regional Dental Testing Services-States Resources for Testing and Assessments (CRDTS-SRTA) will be allowed credit for no more than 12 hours biennially, obtained from calibration and standardization exercises associated with the examinations.(7) Any individual or entity may petition one of the providers listed in §104.2 of this title to offer continuing education.(8) Providers cited in §104.2 of this title will approve individual courses and/or instructors.(9) A consultant for the SBDE who is also a licensee of the SBDE is eligible to receive up to 12 hours of continuing education credit biennially to apply towards the biennial renewal continuing education requirement under this section.(A) Continuing education credit hours shall be awarded for the issuance of an expert opinion based upon the review of SBDE cases and for providing assistance to the SBDE in the investigation and prosecution of cases involving violations of the Dental Practice Act and/or the Rules of the SBDE.(B) The amount of continuing education credit hours to be granted for each consultant task performed shall be determined by the Executive Director, Division Director, or manager that authorizes the consultant task to be performed. The award of continuing education credit shall be confirmed in writing and based upon a reasonable assessment of the time required to complete the task.(10) A course instructor who offers continuing education through a provider listed in §104.2 of this title is eligible to receive 2 hours of continuing education credit for every 1 hour of instruction provided. This credit applies per course, per renewal period.", "sourceNote": "Source Note: The provisions of this §104.1 adopted\r\nto be effective March 1, 1996, 21 TexReg 1422; amended to be effective\r\nApril 19, 1998, 23 TexReg 3830; amended to be effective June 28, 1998,\r\n23 TexReg 6440; amended to be effective November 30, 1999, 24 TexReg\r\n10539; amended to be effective April 16, 2000, 25 TexReg 3250; amended\r\nto be effective July 1, 2002, 27 TexReg 5782; amended to be effective\r\nSeptember 21, 2004, 29 TexReg 9004; amended to be effective February\r\n25, 2007, 32 TexReg 627; amended to be effective December 24, 2007,\r\n32 TexReg 9628; amended to be effective August 7, 2008, 33 TexReg\r\n6132; amended to be effective February 2, 2010, 35 TexReg 630; amended\r\nto be effective February 7, 2018,43TexReg 573; amended to be May 10,\r\n2018, 43 TexReg 2774; amended to be effective December 15, 2019,\r\n44 TexReg 7697; amended to be effective December 31, 2020, 45 TexReg\r\n9511; amended to be effective March 16, 2023, 48 TexReg 1448; amended\r\nto be effective August 29, 2024, 49 TexReg 6455; amended to be effective\r\nAugust 28, 2025, 50 TexReg 5469." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225925", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "104", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§104.2", "label": "Continuing Education Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144121", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board hereby establishes a list of providers for continuing education courses. Unless specifically required by state law or Board rule, the Board shall not accept or approve specific continuing education courses for requirements related to the issuance or renewal of licensure, registrations, or sedation/anesthesia permits.(b) At least once per calendar year, the Board shall review the list of providers for continuing education and any applications submitted for continuing education providers, and the Board shall consider additions or removals of providers from the list provided in this section.(1) The Presiding Officer may establish an ad hoc committee pursuant to 22 TAC §100.8 (relating to Ad Hoc Committees of the Board) to review the addition or removal of providers and make recommendations to the full Board for approval.(2) The Board and any ad hoc committee shall consider classifying each provider for full continuing education provider authorization, including clinical, scientific, and sedation/anesthesia provider courses, or for a limited continuing education provider authorization restricted to courses related to risk management, recordkeeping, ethics, and non-clinical dental assistant duties continuing education. If no classification is assigned to a provider, the provider shall be considered a full continuing education provider.(3) Any addition, removal, or classification of providers shall require a majority vote of the full Board in an open meeting. Any provider being considered for addition, removal, or classification shall be given 10 business days' notice of the consideration, and the provider shall be given an opportunity to appear and make a presentation or submit supporting documentation at the scheduled meeting of the Board or any ad hoc committee regarding the addition, removal, or classification.(c) Board staff shall develop and provide an application form for continuing education providers. The application form shall provide instructions for submitting provider information and supporting documentation. The Board shall provide the application form for continuing education providers and general instructions on the continuing education provider application process on its public website. Any request to become an approved continuing education provider must be submitted on the application form provided by the Board; failure to utilize the Board's application form shall be grounds to reject the application request.(d) The Board shall consider the following criteria when reviewing providers:(1) the health, safety, and welfare of the residents of Texas;(2) access to providers for licensees and registrants in all portions of Texas;(3) competency of course providers and quality of course materials;(4) internal and external audits, guidelines, safeguards, and standards to ensure consistent and quality education; and(5) demonstrable clinical, professional, and/or scientific education experience.(e) Continuing Education courses endorsed by the following providers will meet the criteria for acceptable continuing education hours if such hours are certified by the following providers:(1) American Dental Association--Continuing Education Recognition Program (CERP);(2) American Dental Association, its component, and its constituent organizations;(3) Academy of General Dentistry and its constituents and approved sponsors;(4) Dental/dental hygiene schools and programs accredited by the Commission on Dental Accreditation of the American Dental Association; (5) American Dental Association approved specialty organizations;(6) American Dental Hygienists' Association, its component, and its constituent organizations;(7) American Medical Association approved specialty organizations;(8) American Medical Association approved hospital courses;(9) National Dental Association, its constituent, and its component societies;(10) National Dental Hygienists' Association, its constituent, and its component societies;(11) Medical schools and programs accredited by the Standards of the Medical Specialties, the American Medical Association, the Advisory Board for Osteopathic Specialists and Boards of Certification, or the American Osteopathic Association;(12) The Commission on Dental Competency Assessments-The Western Regional Examining Board-The Council of Interstate Testing Agencies (CDCA-WREB-CITA) and Central Regional Dental Testing Services-States Resources for Testing and Assessments (CRDTS-SRTA); (13) American Academy of Dental Hygiene;(14) American Dental Education Association;(15) American Heart Association;(16) Texas Dental Hygiene Educators' Association;(17) Dental Laboratory Association of Texas;(18) Dental Assisting National Board;(19) American Dental Assistants Association and its constituent organizations;(20) The Compliance Division, LLC;(21) Dental Compliance Specialists, LLC; and(22) Other entities approved by the Board as shown in the attached graphic for this section.Attached Graphic", "sourceNote": "Source Note: The provisions of this §104.2 adopted\r\nto be effective March 1, 1996, 21 TexReg 1422; amended to be effective\r\nApril 17, 2001, 26 TexReg 2833; amended to be effective September\r\n15, 2002, 27 TexReg 8768; amended to be effective February 23, 2006,\r\n31 TexReg 1035; amended to be effective February 2, 2010, 35 TexReg\r\n630; amended to be effective September 12, 2019, 44 TexReg 4866; amended\r\nto be effective September 1, 2022, 47 TexReg 5114; amended to be effective\r\nMay 25, 2023, 48 TexReg 2572; amended to be effective May 22, 2025,\r\n50 TexReg 2967; amended to be effective August 28, 2025, 50 TexReg\r\n5470; amended to be effective August 28, 2025, 50 TexReg 5470." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144121", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "104", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§104.4", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77537", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensee and registrant shall attest during the annual renewal process that he/she is in compliance with the statutory requirements for continuing education.(b) Falsification of a continuing education attestation is a violation of the Dental Practice Act and such false certification or the failure to attend and complete the required number of continuing education hours shall subject the licensee/registrant to disciplinary action.(c) If it appears that the licensee/registrant has falsified the attestation, that matter will be referred to the Director of Enforcement of the State Board of Dental Examiners for proceeding as set forth in §107.100 of this title, §107.101 of this title and the Dental Practice Act.", "sourceNote": "Source Note: The provisions of this §104.4 adopted to be effective March 1, 1996, 21 TexReg 1422; amended to be effective June 28, 1998, 23 TexReg 6440; amended to be effective April 16, 2000, 25 TexReg 3250; amended to be effective February 2, 2010, 35 TexReg 630." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77537", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "104", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§104.5", "label": "Auditable Documentation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensee shall maintain in his/her possession auditable documentation of continuing education hours completed for a minimum of three years.(b) Documentation shall confirm completion as evidenced by certificates of attendance, contact hours certificates, academic transcripts, gradeslips, or other documents furnished by the course provider.(c) Documentation shall include records of courses taken, the dates and locations and number of hours for such courses, or course notes or materials.(d) Copies of documentation shall be submitted to the State Board of Dental Examiners upon audit.", "sourceNote": "Source Note: The provisions of this §104.5 adopted to be effective March 1, 1996, 21 TexReg 1422; amended to be effective April 16, 2000, 25 TexReg 3250." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183239", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "104", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§104.6", "label": "Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All licensees are subject to audit by the State Board of Dental Examiners for purposes of ensuring compliance with the continuing education requirements as outlined in this chapter (Continuing Education) and any other rules.(b) Board staff will randomly audit 5% of all licensees for compliance with the continuing education requirements as outlined in this chapter and other rules.(c) Licensees who have been selected for a renewal-based audit will be notified at least 90 days prior to the expiration of their license. A licensee selected for audit may not renew their license until they have submitted proof of compliance with the continuing education requirements. Extensions may be granted at the discretion of the Executive Director only in extraordinary circumstances, such as demonstrated health issues that prevent a licensee from completing the audit requirements.(d) Licensees may be selected at any time for a random audit of their compliance with the continuing education requirements outlined in this chapter and other rules.", "sourceNote": "Source Note: The provisions of this §104.6 adopted to be effective July 1, 2002, 27 TexReg 5783; amended to be effective March 20, 2017, 42 TexReg 1252." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69307", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.1", "label": "Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164796", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules apply to all contested cases within the Board's jurisdiction and shall control practice and procedure before the Board and the State Office of Administrative Hearings (SOAH) unless preempted by rules promulgated by SOAH or the Administrative Procedures Act.", "sourceNote": "Source Note: The provisions of this §107.1 adopted to be effective November 30, 1999, 24 TexReg 10540." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164796&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164796", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.2", "label": "Effect of Child Support Payment Default on Licensure Status, Application, and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148179", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"License\" means a license, certificate, registration, permit, or other authorization issued by the Board.(b) Effect of Child Support Payment Default on Licensure Status(1) The licensure status of a licensee is subject to the course of action established by the Texas Family Code, §232.011.(2) On receipt of a final order suspending a license issued by the Board to an individual, the Board shall immediately record the suspension of the licensee in the Board's records.(3) The Board shall implement the terms of the final order suspending license without additional review or hearing. The Board may provide notice as appropriate to the license holder.(4) The Board may not modify, remand, reverse, vacate, or stay an order suspending license and may not review, vacate, or reconsider the terms of a final order suspending license.(5) An individual who is the subject of a final order suspending license is not entitled to a refund for any fee or paid to the Board.(6) An individual who continues to engage in the practice of dentistry or any licensed activity after the implementation of the order suspending license by the Board is liable for the same civil and criminal penalties provided for engaging in the licensed activity without a license or while a license is suspended that apply to any other license holder of the Board.(7) The Board is exempt from liability to a license holder for any act authorized under Family Code, Chapter 232 performed by the Board.(8) Except as provided by Family Code, Chapter 232, an order suspending license or dismissing a petition for the suspension of a license does not affect the power of the Board to grant, deny, suspend, revoke, terminate, or renew a license otherwise.(9) An order issued under this chapter to suspend a license applies to each license issued by the licensing authority subject to the order for which the obligor is eligible. The licensing authority may not issue or renew any other license for the obligor until an order vacating or staying an order suspending license is rendered.(c) Effect of Child Support Payment Default on Licensure Application and Renewal(1) Initial applications and applications for renewal of licenses issued by the board are subject to the course of action established by the Texas Family Code, §232.0135.(2) Upon notice from another agency that an obligor has failed to pay child support for six months or more, the Board shall refuse to grant initial licensure or renewal of an existing license to an obligor until the Board is notified by the other agency that the obligor has:(A) paid all child support arrearages;(B) made an immediate payment of not less than $200 toward child support arrearages owed and established with the other agency a satisfactory repayment schedule for the remainder or is in compliance with a court order for payment of the arrearages;(C) been granted an exemption from this subsection as part of a court-supervised plan to improve the obligor's earnings and child support payments; or(D) successfully contested the denial before the child support agency in accordance with Texas Family Code, §232.0135(d).(d) The Board may charge a fee to a licensee who is the subject of an order suspending license or of an action of another agency under Texas Family Code, §232.0135 to deny issuance or renewal of license in an amount sufficient to recover the administrative costs incurred by the Board.", "sourceNote": "Source Note: The provisions of this §107.2 adopted to be effective December 16, 2012, 37 TexReg 9635; amended to be effective December 10, 2013, 38 TexReg 8830." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148179", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.11", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69309", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Act--The Dental Practice Act (DPA), Texas Occupations Code Annotated §§251.001 et seq.(2) Address of Record--A licensee's mailing address as provided to the State Board of Dental Examiners pursuant to state law and Board rule.(3) Administrative Law Judge (ALJ)--An individual appointed to preside over administrative hearings pursuant to the APA.(4) Administrative Procedure Act (APA)--Texas Government Code, Chapter 2001 as amended.(5) Agency--The Texas State Board of Dental Examiners, also known as the State Board of Dental Examiners, and, for brevity, the Dental Board or the Board.(6) Answer--A responsive pleading.(7) Applicant or petitioner--A party seeking a license, registration, or certificate from the agency.(8) Board member--One of the appointed members of the decision making body defined as the agency.(9) Certificate--Any annual renewal authority or permit.(10) Complaint--Written accusation made by any person, or by the Board on its own initiative, alleging that a licensee's conduct may have violated the DPA or the Board's rules.(11) Contested case--A proceeding, including licensing, in which the legal rights, duties, or privileges of a party are to be determined by the agency after an opportunity for adjudicative hearing.(12) Default Order--A Board Order in which the factual allegations against a party are deemed admitted as true upon the party's failure to file a timely Answer to a Formal Complaint or to appear at a properly noticed SOAH hearing.(13) Default Proceeding--The issuance of a Proposal for Decision in which the factual allegations against the Respondent in a contested case are deemed admitted as true upon the Respondent's failure to appear at a properly noticed hearing or failure to file an Answer to the Formal Complaint.(14) Executive Director--The Executive Director of the Texas State Board of Dental Examiners.(15) Formal Complaint--Pleading by Board staff publically alleging a violation of the Act, Board rules, or Board Order.(16) License--Includes the whole or part of any agency permit, certificate, approval, registration, or similar form of permission required by law.(17) Licensing--Includes the agency process relating to the granting, denial, renewal, revocation, cancellation, suspension, annulment, withdrawal, limitation, or amendment of a license.(18) Officer--Any board member elected to an office of the Texas State Board of Dental Examiners.(19) Party--Each person named or admitted as a party.(20) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.(21) Petitioner--A party, including the Board who brings a request or action and assumes the burden of going forward with an administrative proceeding; e.g., the Board in an action to discipline a licensee; the person who seeks a determination of eligibility for licensure.(22) Proposal for Decision--A statement prepared by the individual who conducted the administrative hearing that provides the findings of fact and conclusions of law necessary for the proposed decision.(23) Register--The Texas Register.(24) Registration--The required annual renewal of any previously issued permit or authority.(25) Respondent--A party, including the Board, to whom a request is made or against whom an action is brought, e.g., the licensee in a disciplinary action by the Board; the Board in an action to determine eligibility for licensure.(26) Rule--Any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the agency. The term includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management or organization of the agency and not affecting private rights or procedures. This definition includes substantive regulations.(27) State Office of Administrative Hearings (SOAH)--A state agency created to serve as an independent forum for the conduct of adjudicative hearings in the executive branch of state government.", "sourceNote": "Source Note: The provisions of this §107.11 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10540; amended to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69309", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.12", "label": "Object of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "10901", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of these rules is to provide for a simple and efficient system of procedure before the agency, to insure uniform standards of practice and procedure, public participation in and notice of agency actions, and a fair and expeditious determination of causes. These rules shall be liberally construed, with a view towards the purpose for which they were adopted.(b) A revocation, suspension, annulment, or withdrawal of a license is not effective unless, before institution of agency proceedings:(1) the agency gives notice by personal service or by registered or certified mail to license holder of facts or conduct alleged to warrant the intended action; and(2) the license holder is given an opportunity to show compliance with all requirements of law for the retention of the license.", "sourceNote": "Source Note: The provisions of this §107.12 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10541." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "10901", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.13", "label": "Scope of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "10902", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules shall govern the procedure for the institution, conduct, and determination of all causes and proceedings before the agency. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of the agency or the substantive rights of any person.", "sourceNote": "Source Note: The provisions of this §107.13 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "10902", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.14", "label": "Filing of Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148176", "queryAsDate": "03/11/2026" }, "ruleBody": "All applications, petitions, complaints, motions, protests, replies, answers, notices, and other pleadings relating to any proceeding pending or to be instituted before the agency shall be filed with the executive director or other designated person. They shall be deemed filed only when actually received by him accompanied by the filing fee, if any, required by statute or agency rules.", "sourceNote": "Source Note: The provisions of this §107.14 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148176", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.15", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69311", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Counting Days. Unless otherwise required by statute, in computing time periods prescribed by this chapter or by a State Office of Administrative Hearings (SOAH) order, the period shall begin to run on the day after the act, event, or default in question. The day of the act, event, or default on which the designated period of time begins to run is not included in the computation. The period shall conclude on the last day of the designated period, unless that day is a day the agency is not open for business, in which case the designated period runs until the end of the next day on which the agency is open for business. When this chapter specifies a deadline or a set number of days for filing documents or taking other actions, the computation of time shall be calendar days rather than business days, unless otherwise provided in this chapter or pursuant to an order by an administrative law judge or Board Order. However, if the period to act is five days or less, the intervening Saturdays, Sundays, and legal holidays are not counted.(b) Extension. Unless otherwise provided by statute, the time for filing any document may be extended by agreement of the parties, order of the Executive Director or order of the administrative law judge (if SOAH has acquired jurisdiction), upon written request filed prior to the expiration of the applicable time period. The written request must show good cause for an extension of time and state that the need is not cause by the neglect, indifference, or lack of diligence of the movant.", "sourceNote": "Source Note: The provisions of this §107.15 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10541; amended to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69311", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.16", "label": "Agreement To Be in Writing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220407", "queryAsDate": "03/11/2026" }, "ruleBody": "No stipulation or agreement between the parties, their attorneys or representatives, with regard to any matter involved in any proceeding before the agency shall be enforced unless it shall have been reduced to writing and signed by the parties or their authorized representatives, or incorporated in an order bearing their written approval. This section does not limit a party's ability to waive, modify or stipulate any right or privilege afforded by these rules, unless precluded by law.", "sourceNote": "Source Note: The provisions of this §107.16 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10541." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220407", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.17", "label": "Service in Non-rulemaking Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69315", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notification of Decisions and Orders. When the agency is required to provide service of notice to any party of a decision or order, the agency shall notify the party either personally or by first class mail. Notice must be in writing and addressed to the licensee at the licensee's address of record on file with the Board at the time of the mailing or the licensee's attorney of record.(b) Notification of Notice of Hearing. Notification of a Notice of Hearing shall be made to a licensee by hand delivery, regular, registered or certified mail, courier service, or otherwise in accordance with the APA and the Rules of SOAH. Notice must be in writing and addressed to the licensee at the licensee's address of record on file with the Board at the time of the mailing or addressed to the party's attorney of record. Notice of Hearing in a contested case must comply with Texas Government Code §2001.052. Service is complete when made pursuant to 1 TAC §155.105 (SOAH).", "sourceNote": "Source Note: The provisions of this §107.17 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10542; amended to be effective September 14, 2010, 35 TexReg 8342; amended to be effective August 29, 2024, 49 TexReg 6456." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69315", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.18", "label": "Conduct and Decorum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158799", "queryAsDate": "03/11/2026" }, "ruleBody": "Parties, representatives and other participants shall conduct themselves with dignity and shall show courtesy and respect for one another and the agency, including members of the board and staff. Attorneys shall adhere to the standards of conduct in the Texas Lawyer's Creed promulgated by the Texas Supreme Court.", "sourceNote": "Source Note: The provisions of this §107.18 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10542." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158799", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.19", "label": "Denial of a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69316", "queryAsDate": "03/11/2026" }, "ruleBody": "If an applicant's original application for license or registration or a licensee's/registrant's request for renewal of a license or registration is denied, he/she shall have 20 days from the date of denial to make a written request for a hearing. If so requested, the hearing will be granted and the provisions of the Administrative Procedure Act and this chapter with regard to a contested case shall apply. If the hearing is not requested within the 20 days, the denial is final.", "sourceNote": "Source Note: The provisions of this §107.19 adopted to be effective September 30, 2012, 37 TexReg 7484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69316", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.20", "label": "Persons Interested in Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148178", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person may appear in any proceeding before the agency. Appearances may be disallowed upon a showing that the person has no justiciable or administratively cognizable interest in the proceeding. The board shall have the right in any proceeding to limit the number of witnesses whose testimony is merely cumulative.", "sourceNote": "Source Note: The provisions of this §107.20 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10542." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148178", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.21", "label": "Appearances Personally or by Representative" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148180", "queryAsDate": "03/11/2026" }, "ruleBody": "A respondent may appear and be represented by the respondent's attorney of record who is authorized to practice law in the State of Texas. This right may be expressly waived. Any respondent may appear on his own behalf. A dental laboratory as defined by Chapter 266 of the Texas Occupations Code shall be represented by the owner of record or by the attorney of record of the owner of record.", "sourceNote": "Source Note: The provisions of this §107.21 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10543; amended to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148180", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.22", "label": "Pleading" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148181", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In disciplinary matters, the Board's pleading shall be styled \"Formal Complaint.\" Except in cases of temporary suspension, a Formal Complaint shall be filed only after notice of the facts or conduct alleged to warrant the intended action has been sent to the licensee's address of record and the licensee has an opportunity to show compliance with the law for retention of the license as provided in the Administrative Procedure Act (APA), Texas Government Code §2001.054(c).(b) In non-disciplinary matters, the Board's pleading shall be styled \"Petition of the State Board of Dental Examiners.\"", "sourceNote": "Source Note: The provisions of this §107.22 adopted to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148181", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.23", "label": "Commencement of Formal Disciplinary Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158800", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Board has probable cause to believe that a violation of statute or Board rule occurred, Board staff may commence formal disciplinary proceedings by filing a public Formal Complaint against the Respondent.(b) The Formal Complaint shall contain the following information:(1) the name of the Respondent and his or her license, registration, or certificate number;(2) a statement alleging with reasonable certainty the specific act or acts relied on by the Board to constitute a violation of a specific statute, Board rule, or Board Order; and(3) a reference to the section of the Texas Occupations Code and the Board's rules which the Respondent is alleged to have violated.(c) When a Formal Complaint is filed, the Executive Director shall serve the Respondent with a copy of the Formal Complaint. The Notice accompanying the Formal Complaint shall state that Respondent shall file a written answer to the Formal Complaint that meets the requirements of §107.24 of this title.(d) Board staff may amend the Formal Complaint at any time permitted by the APA. A copy of any Amendment to the Formal Complaint shall be served on the Respondent. The first complaint filed shall be entitled \"Formal Complaint,\" the first amended complaint filed shall be entitled \"First Amended Formal Complaint,\" and so forth.(e) The Formal Complaint may be resolved by agreement of the parties at any time.", "sourceNote": "Source Note: The provisions of this §107.23 adopted to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158800", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.24", "label": "Respondent's Answer in a Disciplinary Matter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158801", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Respondent in a disciplinary matter shall file an Answer to the Formal Complaint and to any Amendment to the Formal Complaint.(b) The Answer shall admit or deny each of the allegations in the Formal Complaint or Amendment.(c) If the Respondent fails to file an Answer to the Formal Complaint within twenty days of the date of service, the matter shall be considered a default case.(d) In a case of default, the Respondent will be deemed to have(1) admitted all the factual allegations in the Formal Complaint;(2) waived the opportunity to show compliance with the law;(3) waived the opportunity for a hearing on the Formal Complaint; and(4) waived objection to the recommended sanction in the Formal Complaint.(e) If the Respondent fails to file a written Answer within the time period prescribed by these rules, the Executive Director may recommend that the Board enter a Default Order, based upon the allegations set out in the Formal Complaint, which adopts the sanction that was recommended in the Formal Complaint or evidence presented at the hearing.(f) Upon consideration of the case, the Board may:(1) enter a default order under §2001.056 of the APA; or(2) order the matter to be set for a hearing at SOAH.(g) The Respondent may amend his or her Answer at any time permitted by the APA or SOAH rules.(h) The first answer filed shall be entitled \"Answer,\" the first amended answer filed shall be entitled \"First Amended Answer,\" and so forth.(i) Any default judgment granted under this section will be entered on the basis of the factual allegations in the Formal Complaint contained in the Notice, and upon proof of proper notice to the Respondent. For purposes of this section, proper notice means notice sufficient to meet the provisions of the Texas Government Code §2001.054 and §107.17 of this title. Such notice shall also include the following language in capital letters in 12 point boldface type: FAILURE TO FILE A WRITTEN ANSWER TO THE FORMAL COMPLAINT, EITHER PERSONALLY OR BY LEGAL REPRESENTATIVE, WILL RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL COMPLAINT BEING ADMITTED AS TRUE AND THE PROPOSED RECOMMENDATION OF STAFF SHALL BE GRANTED BY DEFAULT.(j) A Motion for Rehearing which requests that the Board vacate its Default Order under this section shall be granted if the movant proves by the preponderance of the evidence that the failure to answer the Formal Complaint was not intentional or the result of conscious indifference, but due to accident or mistake--provided that the movant has a meritorious defense to the factual allegations contained in the Formal Complaint and vacating the Default Order will occasion no delay or otherwise work an injury to the Board.", "sourceNote": "Source Note: The provisions of this §107.24 adopted to be effective September 14, 2010, 35 TexReg 8342; amended to be effective September 30, 2012, 37 TexReg 7484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158801", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.25", "label": "Formal Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177039", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Formal administrative hearings in contested cases shall be conducted in accordance with the APA, SOAH rules, the Texas Occupations Code, and Board rules. SOAH acquires jurisdiction over the case when the Board staff files a Request to Docket Case Form accompanied by legible copies of all pertinent documents including, but not limited to, the Formal Complaint, petition, application, or other document describing the agency action giving rise to a contested case.(b) When a case has been docketed before SOAH, Board staff shall provide a Notice of Hearing to all parties in accordance with §2001.052, Texas Government Code, and applicable SOAH rules.(c) In disciplinary cases, the Respondent shall enter an appearance by filing a written Answer or other responsive pleading with SOAH and provide a copy to Board staff, within twenty (20) days of the date on which the Notice of Hearing is served to the Respondent. For purposes of this section, an entry of an appearance shall mean the filing of a written Answer or other responsive pleading.(d) The failure of the Respondent to timely enter an appearance as provided in this section shall entitle the Board staff to a continuance at the time of the hearing in the contested case for such reasonable period of time as determined by the ALJ.(e) The Notice of Hearing provided to a Respondent for a contested case shall include the following language in capital letters in 12-point boldface type: FAILURE TO ENTER AN APPEARANCE BY FILING A WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING TO THE FORMAL COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE THIS NOTICE WAS MAILED, SHALL ENTITLE THE STAFF TO A CONTINUANCE AT THE TIME OF THE HEARING.(f) If a Respondent fails to appear in person or by attorney on the day and at the time set for hearing in a contested case, regardless of whether an appearance has been entered, the ALJ, pursuant to SOAH's rules, shall, upon adequate proof that proper notice under the APA and SOAH rules was served upon the defaulting party, enter a default judgment in the matter adverse to the Respondent. Such notice shall have included in 12-point, boldface type, the fact that upon failure of the party to appear at the hearing, the factual allegations in the notice will be deemed admitted as true and the relief sought in the proposed recommendation by the staff shall be granted by default.(g) Any default judgment granted under this section will be entered on the basis of the factual allegations in the Formal Complaint contained in the Notice of Hearing, and upon proof of proper notice to the Respondent. For purposes of this section, proper notice means notice sufficient to meet the provisions of the Texas Government Code §§2001.051, 2001.052, and 2001.054, as well as §107.17 of this title. Such Notice of Hearing also shall include the following language in capital letters in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE HAS BEEN ENTERED, WILL RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL COMPLAINT BEING ADMITTED AS TRUE AND THE PROPOSED RECOMMENDATION OF STAFF SHALL BE GRANTED BY DEFAULT.(h) A Motion to Vacate the Default Judgment rendered by the ALJ must be filed within ten (10) days of service of Notice of the Default Judgment.(1) The Motion to Vacate the Default Judgment shall be granted if movant proves by the preponderance of the evidence that the failure to attend the hearing was not intentional or the result of conscious indifference, but due to accident or mistake, provided that the Respondent has a meritorious defense to the factual allegations contained in the Formal Complaint and granting the motion will occasion no delay or otherwise work an injury to the Board.(2) If the Motion to Vacate the Default Judgment is granted, it shall be the responsibility of the parties to either settle the matter informally or to request a rehearing on the merits. Whenever possible, the rehearing of the case shall occur with the ALJ that heard the default matter.(i) Because of the often voluminous nature of the records properly received into evidence by the ALJ, the party introducing such documentary evidence shall paginate each such exhibit or flag pertinent pages in each such exhibit in order to expedite the hearing and the decision-making process.(j) Within the time line set out in the SOAH rules, after the conclusion of the hearing the ALJ shall prepare and serve on the parties a Proposal for Decision that includes the ALJ's findings of fact and conclusions of law.(k) Each hearing may be recorded by a court reporter in accordance with the APA and SOAH rules. The cost of the transcription of the statement of facts shall be borne by the party requesting the transcript and said request shall be sent directly to the court reporter and the requesting party shall notify the other party in writing of the request.", "sourceNote": "Source Note: The provisions of this §107.25 adopted to be effective September 14, 2010, 35 TexReg 8342; amended to be effective September 30, 2012, 37 TexReg 7484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177039", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.26", "label": "Failure to Attend Hearing and Default" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69318", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a party who does not have the burden of proof fails to appear at a contested case hearing at the State Office of Administrative Hearings (SOAH), the administrative law judge shall announce the default, recess the hearing, and issue a proposal for decision. Pursuant to 1 TAC §155.501(f), the defaulting party may file a motion with SOAH to set aside the default and reopen the record, prior to the judge's issuance of the proposal for decision or dispositive order.(b) If the administrative law judge does not issue a default proposal for decision and instead, issues an order dismissing the case from the SOAH docket and returning the case to the agency for informal disposition on a default basis in accordance with §2001.056 of the Texas Government Code, the board may issue a final order deeming that Respondent has:(1) admitted all the allegations in the notice of hearing and formal complaint;(2) waived the opportunity to show compliance with the law;(3) waived the opportunity for a hearing on the allegations in the notice of hearing and formal complaint; and(4) waived objection to the recommended sanction in the notice of hearing and formal complaint.(c) If a party who does have the burden of proof fails to appear at a contested case hearing at SOAH, the administrative law judge shall dismiss the case for want of prosecution, any relevant application will be withdrawn, and the board may not consider a subsequent petition from the party until the first anniversary of the date of dismissal of the case.(d) The party seeking affirmative relief bears the burden of proof at a contested case hearing. An unlicensed individual contesting the denial of an application or the imposition of a cease and desist order shall bear the burden of proof at a contested case hearing, irrespective of which party files the notice of hearing with SOAH.", "sourceNote": "Source Note: The provisions of this §107.26 adopted to be effective September 30, 2012, 37 TexReg 7484; amended to be effective March 20, 2016, 41 TexReg 2165." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69318", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.29", "label": "Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69319", "queryAsDate": "03/11/2026" }, "ruleBody": "If a license holder makes timely and sufficient application for the renewal of a license or for a new license for any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency. If the application is denied or the terms of the new license are limited, the existing license does not expire until the last day for seeking review of the agency order or a later date when fixed by order of the reviewing court.", "sourceNote": "Source Note: The provisions of this §107.29 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69319", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.31", "label": "Personal Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148163", "queryAsDate": "03/11/2026" }, "ruleBody": "The board may command the sheriff or any constable in the State of Texas or any agent or investigator of the board to serve a subpoena to compel the attendance of witnesses for examination under oath and the production for inspection and copying of books, accounts, records, papers, correspondence, documents and other evidence relevant to the investigation of alleged violations of statutes relating to the practice of dentistry. If a person fails to comply with an investigative subpoena the board, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County.", "sourceNote": "Source Note: The provisions of this §107.31 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148163", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.40", "label": "Reimbursement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148170", "queryAsDate": "03/11/2026" }, "ruleBody": "A witness or deponent in a contested case who is not a party and who is subpoenaed or otherwise compelled to attend a hearing or proceeding to testify or give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purpose of a proceeding at the State Office of Administrative Hearing (SOAH) is entitled to receive (in accordance with the Administrative Procedure Act, Texas Government Code §2001.103, and other applicable state law):(1) mileage reimbursement at the rate equal to the maximum fixed mileage allowance specified in the revenue rulings issued by the Internal Revenue Service under the federal income tax regulations as announced by the Texas Comptroller for going to and returning from the place of the hearing or deposition if the place is more than 25 miles from the person's place of residence and the person uses the person's personally owned or leased motor vehicle for the travel;(2) reimbursement of the transportation expenses of the witness or deponent for going to and returning from the place where the hearing is held or the deposition is taken, if the place is more than 25 miles from the person's place of residence and the person does not use the person's personally owned or leased motor vehicle for the travel;(3) reimbursement of the meal and lodging expenses (at the state rate) of the witness or deponent while going to and returning from the place where the hearing is held or deposition taken, if the place is more than 25 miles from the person's place of residence;(4) $25 for each day or part of a day that the person is necessarily present.", "sourceNote": "Source Note: The provisions of this §107.40 adopted to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148170", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.47", "label": "Depositions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148171", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The deposition of any witness may be taken upon a commission issued by the executive director upon the written request of any party, a copy of which shall be served on the non-requesting party.(b) The written request shall contain the name, address, and title, if any, of the witness; a description of the books, records, writings, or other tangible items the requesting party wishes the witness to produce at the deposition; the date and location where the requesting party wishes the deposition to be taken; and a statement of the reasons why the deposition should be taken and the items produced.(c) Depositions may be taken by telephone and by non-stenographic recording. The recording or transcript may be used by any party to the same extent as a stenographic deposition, provided all other parties are supplied with a copy of the recording and the transcript to be used. The witness in a telephonic or non-stenographic deposition may be sworn by any notary. The transcript of such deposition shall be submitted to the witness for signature in accordance with Texas Government Code Annotated §2001.099.(d) Not withstanding any other provisions of these sections, the executive director may issue a commission to take a deposition prior to the filing of a formal complaint if, in the opinion of the executive director, such a commission is necessary for either party to preserve evidence and testimony or to investigate any potential violation or lack of compliance with the Act, the rules and regulations, or orders of the Board. The commission may be to compel the attendance of any person to appear for the purposes of giving sworn testimony and to compel the production of books, records, papers or other objects.(e) A deposition in a contested case shall be taken in the county where the witness:(1) resides;(2) is employed; or(3) regularly transacts business in person.(f) Cost of Expert Witnesses. When a party takes the oral deposition of an expert witness retained by the opposing party, all reasonable fees charged by the expert for time spent in preparing for, giving, reviewing, and correcting the deposition must be paid by the party that retained the expert.", "sourceNote": "Source Note: The provisions of this §107.47 adopted to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148171", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.48", "label": "Subpoenas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181542", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Investigative Subpoenas. Pursuant the Dental Practice Act, the Board has the authority to issue subpoenas to compel the attendance of witnesses and to issue subpoenas duces tecum to compel the production of books, records, or documents. The pendency of a SOAH proceeding does not preclude the Board from issuing an investigative subpoena at any time.(b) SOAH Subpoenas. Subsequent to the filing of a formal Complaint, any party may request in writing that the Executive Director issue a subpoena or subpoena duces tecum in accordance with §2001.089 of the APA upon a showing of good cause.(1) The party requesting the subpoena shall be responsible for the payment of any expense incurred in serving the subpoena, as well as reasonable and necessary expenses incurred by the witness who appears in response to the subpoena.(2) If the subpoena is for the attendance of a witness, the written request shall contain the name, address, and title, if any, of the witness and the date and location at which the attendance of the witness is sought.(3) If the subpoena is for the production of books, records, writings, or other tangible items, the written request shall contain a description of the item sought; the name, address, and title, if any, of the person or entity who has custody or control over the items and the date; and the location at which the items are sought to be produced.(4) The party requesting a subpoena duces tecum shall describe and recite with clarity, specificity, and particularity the books, records, documents to be produced.(c) Service and expenses.(1) A subpoena issued at the request of the board's staff may be served either by a board investigator or by certified mail in accordance with the Dental Practice Act Section 263.008. The board shall pay reasonable charges for photocopies produced in response to a subpoena requested by the board's staff, but such charges may not exceed those billed by the board for producing copies of its own records.(2) A subpoena issued at the request of any party other than the board shall be addressed to a sheriff or constable for service in accordance with the APA §2001.089.(d) Fees and travel. A witness called at the request of the Board shall be compensated and reimbursed for travel in accordance with this title. An expert witness called at the request of the Board shall be paid a compensation fee as set by agency policy and reimbursed for travel in accordance with this title.(e) Additional reasons for granting a subpoena. Notwithstanding any other provisions of this section, the executive director may issue a subpoena if, in the opinion of the Executive Director, such a subpoena is necessary to preserve evidence and testimony regarding any potential violation or lack of compliance with the Dental Practice Act, the rules and regulations, or orders of the Board.(f) Requests for issuance of subpoenas or commissions requiring deposition. Requests for issuance of subpoenas or commissions requiring deposition shall be directed to the agency not later than the tenth day before the date the witness or deponent is required to appear. The parties may agree to modify the time period prescribed by this section.", "sourceNote": "Source Note: The provisions of this §107.48 adopted to be effective January 1, 1976; amended to be effective November 28, 1977, 2 TexReg 4410; amended to be effective November 21, 1978, 3 TexReg 3895; amended to be effective February 18, 1980, 5 TexReg 389; amended to be effective July 24, 1992, 17 TexReg 4948; amended to be effective November 30, 1999, 24 TexReg 10544; amended to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181542", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.49", "label": "Proposals for Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181543", "queryAsDate": "03/11/2026" }, "ruleBody": "A proposal for decision (PFD) issued by an Administrative Law Judge (ALJ) at the State Office of Administrative Hearings (SOAH) may not be considered by the board until the time period set out in SOAH rules for the filing of exceptions and replies has expired. If exceptions were filed in accordance with SOAH rules, the board may not consider the PFD until the ALJ has ruled on the exceptions. The PFD must contain a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary to the proposed decision prepared by the person who conducted the hearing or by one who has read the record.", "sourceNote": "Source Note: The provisions of this §107.49 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10544; amended to be effective December 25, 2016, 41 TexReg 9931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181543", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.50", "label": "Filing of Exceptions and Replies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181544", "queryAsDate": "03/11/2026" }, "ruleBody": "All exceptions to proposals for decision and replies to exceptions shall be filed in accordance with State Office of Administrative Hearings rules.", "sourceNote": "Source Note: The provisions of this §107.50 adopted to be effective January 1, 1976; amended to be effective September 14, 2010, 35 TexReg 8342; amended to be effective December 25, 2016, 41 TexReg 9931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181544", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.51", "label": "Findings of Fact and Conclusions of Law" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190797", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may change a finding of fact or conclusion of law in a proposal for decision made by the administrative law judge if the board determines:(1) that the administrative law judge did not properly apply or interpret applicable law, agency rules, written policies, or prior administrative decisions;(2) that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or(3) that a technical error in a finding of fact should be changed.(b) The board shall state in writing the specific reason and legal basis for a change made under this section.", "sourceNote": "Source Note: The provisions of this §107.51 adopted to be effective November 30, 1999, 24 TexReg 10544; amended to be effective December 25, 2016, 41 TexReg 9931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190797&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190797", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.52", "label": "Oral and Written Arguments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69323", "queryAsDate": "03/11/2026" }, "ruleBody": "All parties shall be given notice of the scheduling of a proposal for decision (PFD) for consideration by the board. The notice shall include a statement that the parties may attend the meeting of the board and provide up to a 10 minute oral argument or submit up to a 10 page written argument concerning the PFD before the board. Board staff shall send notice by electronic mail or regular mail to the attorneys of record, or if a party is not represented by an attorney, by regular mail to the party's address of record with the board. Notice shall be sent by board staff no later than seven days prior to the meeting of the board at which the PFD is scheduled to be considered by the board.", "sourceNote": "Source Note: The provisions of this §107.52 adopted to be effective January 1, 1976; amended to be effective December 25, 2016, 41 TexReg 9932; amended to be effective May 10, 2018, 43 TexReg 2775." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69323", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.53", "label": "Final Decisions and Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148173", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All final decisions and orders of the agency shall be in writing and shall be signed by the president or other presiding member and secretary of the board.(b) All parties shall be notified either personally or by first class mail of any decision or order.(c) On issuance of a decision or order or an order ruling on a motion for rehearing, the agency shall send a copy of the decision or order by first class mail to the attorneys of record or, if a party is not represented by an attorney, to the party, and shall keep an appropriate record of the mailing. A party or attorney of record notified by mail is presumed to have been notified on the third day after the date on which the notice is mailed.", "sourceNote": "Source Note: The provisions of this §107.53 adopted to be effective January 1, 1976; amended to be effective May 28, 1979, 4 TexReg 1764; amended to be effective July 24, 1992, 17 TexReg 4948; amended to be effective November 30, 1999, 24 TexReg 10545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148173", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.54", "label": "Administrative Finality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148174", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A decision in a contested case is final:(1) if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing;(2) if a motion for rehearing is filed on time, on the date:(A) the order overruling the motion for rehearing is rendered; or(B) the motion is overruled by operation of law.(3) if the agency finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision or order, on the date the decision is rendered, or;(4) on the date specified in the order for a case in which all parties agree to the specified date in writing or on the record, if the specified date is not before the date the order is signed or later than the 20th day after the date the order was rendered.(b) If a decision or order is final under subsection (a)(3) of this section, the agency must recite in the decision or order the finding made under subsection (a)(3) of this section and the fact that the decision is final and effective on the date rendered.", "sourceNote": "Source Note: The provisions of this §107.54 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10545; amended to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148174", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.55", "label": "Motions for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69326", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A timely motion for rehearing is a prerequisite to an appeal in a contested case, except that a motion for rehearing of a decision or order that is final under §107.54(a)(3) or (4) of this title (relating to Administrative Finality), is not a prerequisite to an appeal.(b) A decision that is final under §107.54(a)(2), (3), or (4) of this title (relating to Administrative Finality) is appealable.", "sourceNote": "Source Note: The provisions of this §107.55 adopted to be effective January 1, 1976; amended to be effective June 12, 1992, 17 TexReg 3907; amended to be effective November 30, 1999, 24 TexReg 10545; amended to be effective September 14, 2010, 35 TexReg 8342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69326", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.56", "label": "Motions for Rehearing: Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69327", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motion for rehearing in a contested case must be filed with the Board not later than the 20th day after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders), of a decision or order that may become final.(b) A reply to a motion for rehearing must be filed with the agency not later than the 30th day after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders) of the decision or order that may become final.(c) The agency shall act on a motion for rehearing not later than the 45th day after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders) of the decision or order that may become final or the motion for rehearing is overruled by operation of law. If the board includes a member who receives no salary except for per diem for his work as a board member and who resides outside Travis county, the board may rule on a motion for rehearing at a meeting or by mail, telephone, telegraph, or other suitable means of communication.(d) The agency may by written order extend the time for filing a motion or reply or taking action, except that an extension may not extend the period for agency action beyond the 90th day after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders) of the decision or order that may become final.(e) In the event of an extension, a motion for rehearing is overruled by operation of law on the date fixed by the order or, in the absence of a fixed date, 90 days after the date on which the party or the party's attorney of record is notified as required by §107.53 of this title (relating to Final Decisions and Orders) of the decision or order that may become final.", "sourceNote": "Source Note: The provisions to this §107.56 adopted to be effective November 30, 1999, 24 TexReg 10545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69327", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.57", "label": "The Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69312", "queryAsDate": "03/11/2026" }, "ruleBody": "The Record in a contested case includes:(1) all pleadings, motions, and intermediate rulings;(2) evidence received or considered;(3) a statement of matters officially noticed;(4) questions and offers of proof, objections, and rulings on them;(5) proposed findings and exceptions;(6) any decision, opinion, or report by the administrative law judge; and(7) all staff memoranda or data submitted to or considered by the administrative law judge or members of the agency who are involved in making the decision.", "sourceNote": "Source Note: The provisions of this §107.57 adopted to be effective January 1, 1976; amended to be effective May 3, 1976, 1 TexReg 1003; amended to be effective November 30, 1999, 24 TexReg 10546." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69312", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.58", "label": "Cost of Appeal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The agency may assess the cost of any transcript to the requesting party. This does not preclude the parties from agreeing to share the costs associated with the preparation of a transcript.(b) A party who appeals a final decision in a contested case will be required to pay all or a part of the cost of preparation of the original or a certified copy of the record of the proceeding that is required to be sent to the reviewing court.(c) A charge imposed under this section is a court cost and may be assessed by the court in accordance with the Texas Rules of Civil Procedure.", "sourceNote": "Source Note: The provisions of this §107.58 adopted to be effective January 1, 1976; amended to be effective November 30, 1999, 24 TexReg 10546." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148307", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.59", "label": "Ex Parte Consultations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "69313", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless required for the disposition of ex parte matters authorized by law, Board members or Board employees assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of fact or law with any party or his representative, except on notice and opportunity for all parties to participate.(b) A Board member or Board employee may communicate ex parte with another Board member or Board employee unless prohibited by other law.(c) Under the APA, Texas Government Code §2001.090, a Board member or Board employee assigned to render a decision or make findings of fact and conclusions of law in a contested case may communicate ex parte with a Board employee who has not participated in a hearing in the case for the purpose of using the special skills or knowledge of the agency and its staff in evaluating the evidence.", "sourceNote": "Source Note: The provisions of this §107.59 adopted to be effective January 1, 1976; amended to be effective September 14, 2010, 35 TexReg 8343." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=69313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "69313", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.60", "label": "Adopting, Repealing, or Amending Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "10941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All rules shall be adopted, repealed, or amended in accordance with the Administrative Procedure Act. Prior to adopting, repealing, or amending any rule, the agency shall give at least 30 days notice of its intended action. Notice of the proposed rule shall be filed with the secretary of state for publication in the Texas Register and a copy of the notice delivered to the lieutenant governor and speaker of the House of Representatives. No Rule or regulation proposed for adoption may be adopted until such proposed rule or regulation has been published in the Texas Register as provided by law. The notice shall include the following:(1) A brief explanation of the rule;(2) The text of the proposed rule, except any portion omitted as provided in the Government Code, Chapter 2002, §2002.014.(3) A statement of the statutory or other authority under which the rule is proposed to be adopted.(4) A fiscal note showing the name and title of the officer preparing it.(5) A note about public benefits and costs showing the name and title of the officer responsible for preparing it.(6) A local employment impact statement prepared under the Government Code, Chapter 2001, §2001.022, if required.(7) A request for comments on the proposed rule from any interested person.(8) Any other statement required by law.(b) Each notice of a proposed rule becomes effective as notice when published in the Register. The notice shall be mailed to all persons who have made timely written requests of the agency for advance notice of its rule-making proceedings. However, failure to mail the notice does not invalidate any actions taken or rules adopted.(c) Prior to the adoption of any rule, the agency shall give all interested a reasonable opportunity to submit data, views, or arguments, orally or in writing.(d) The agency may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and hearing that it finds practicable, if the agency:(1) finds that an imminent peril to the public health, safety, or welfare, or a requirement of state or federal law, requires adoption of a rule on fewer than 30 days' notice; and(2) states in writing the reasons for its finding.(3) A rule adopted under this section may be effective for not longer than 120 days and may be renewed once for not longer than 60 days.(4) The agency shall file an emergency rule adopted under this section and the agency's written reasons for adoption with the secretary of state for publication in the Texas Register.(e) The agency may use informal conferences and consultations to obtain opinions and advice of interested persons about contemplated rule-making. The agency also may appoint committees of experts or interested persons or representatives of the public to advise it about any contemplated rule-making. The powers of these committees are advisory only.(f) Any interested person may petition the agency requesting the adoption of a rule. The petition must be presented in substantially the form found in §107.62 of this title (relating to Appendix). Not later than the 60th day after the date of submission of a petition the agency shall:(1) deny the petition in writing, stating the reasons for its denial; or(2) initiate a rulemaking proceeding.", "sourceNote": "Source Note: The provisions of this §107.60 adopted to be effective January 1, 1976; amended to be effective May 3, 1976, 1 TexReg 1003; amended to be effective May 24, 1976, 1 TexReg 1252; amended to be effective November 30, 1999, 24 TexReg 10546." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "10941", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.62", "label": "Petition for Adoption of a Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192232", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) (Here give name and complete mailing address of applicant on whose behalf the application if filed, hereinafter called applicant.)(b) Caption. Applicant hereby seeks (Here make specific reference to the rule or rules which it is proposed to establish, change or amend, so that it or they may be readily identified, prepared in a manner to indicate the words to be added or deleted from the current text, if any.)(c) Proposed change. (Here make reference to an exhibit to be attached to and incorporated by reference to the petition, the said exhibit to show the amendment providing for the proposed new provision, rule, regulation, rate practice or other change, including the proposed effective date, application and all other necessary information, in the exact form in which it is to be published, adopted or promulgated.)(d) Justification. (Here submit the justification for the proposed action in narrative form with sufficient information to inform the agency and any interested party fully of the facts upon which applicant relies.)(e) Resume or concise abstract. (Here file with the petition a concise but complete resume or abstract of the information required in subsections (a), (b), (c), and (d) of this section.)(f) Signature. Respectfully submitted, (Applicant) (Attorney or representative) (Complete address)", "sourceNote": "Source Note: The provisions of this §107.62 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192232", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.63", "label": "Informal Disposition and Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "1606", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. It is the Board's policy to encourage, where appropriate, the resolution and early settlement of contested disciplinary matters and internal disputes through informal disposition and mediation.(b) Informal Disposition. Under Texas Occupations Code §263.0065, the Board may delegate the authority to dismiss or enter into agreed settlement for the resolution of certain complaints prior to an informal settlement conference. Texas Occupations Code §263.007 and §263.0073 authorize the Board to resolve complaints by review at an informal settlement conference.(c) Scheduling of Informal Settlement Conference.(1) Not later than the 180th day after the date the Board's official investigation of a complaint is commenced, the Board shall schedule an informal settlement conference unless good cause is shown by the Board for not scheduling the conference by that date. The following justifications represent good cause for Board staff to postpone scheduling an informal settlement conference:(A) an expert reviewer's delinquency in reviewing and submitting a report to the Board under Texas Occupations Code §255.0067;(B) a temporary suspension of the license holder's license under Texas Occupations Code §263.004;(C) the filing of a contested case against the licensee with the State Office of Administrative Hearings to resolve the complaint;(D) a pending contested case against the licensee with the State Office of Administrative Hearings where Board staff's requested sanction is license suspension or revocation;(E) proposed resolution of the complaint through delegation pursuant to Texas Occupations Code §263.0065;(F) a delay for a final judgment resulting from federal or state criminal charges filed against the licensee for conduct relevant to the complaint, if conviction for such charges would represent grounds for license suspension or revocation under the Texas Occupations Code or Board rules;(G) a request for delay from federal, state, or local law enforcement to allow investigation of potential criminal charges against the licensee for conduct relevant to the complaint, if conviction for such charges would represent grounds for license suspension or revocation under the Texas Occupations Code or Board rules;(H) delay of the investigation due to Board staff's inability to locate the licensee or complainant, or licensee's inability or refusal to provide relevant records for the Board's investigation; or(I) the existence of pending complaints from prior fiscal years which require resolution at an informal settlement conference.(2) Requests to reschedule the informal settlement conference by a licensee must be in writing and shall be referred to the General Counsel for consideration. To avoid undue disruption of the informal settlement conference schedule, the following requirements shall be applied. A request by a licensee to reschedule an informal settlement conference must be in writing and may be granted only if the licensee provides satisfactory evidence of the following requirements:(A) The request must be received by the agency within five business days after the licensee received notice of the date of the informal settlement conference, must provide details showing that the licensee has a conflicting event that was scheduled prior to receipt of notice of the informal settlement conference, and must show the licensee has made reasonable efforts to reschedule such event but a conflict cannot reasonably be avoided.(B) A request received by the agency more than five business days after the licensee received notice of the date of the informal settlement conference must provide details showing that an extraordinary event or circumstance has arisen since receipt of the notice that will prevent the licensee from attending the informal settlement conference. The request must show that the request is made within five business days after the licensee first becomes aware of the event or circumstance. Unavailability of the licensee's counsel for the informal settlement conference date shall not be adequate to show an extraordinary event or circumstance if the unavailability is due to scheduling conflicts with counsel's other clients or matters not related to counsel's representation of the licensee.(3) A request by a licensee to reschedule an informal settlement conference based on the failure of the agency to send timely notice before the date scheduled for the informal settlement conference shall be granted, provided that the request is received by the Board within five business days after the late notice is received by the licensee and the licensee provides sufficient proof that the notice was not timely delivered to the licensee's address of record on file with the Board.(d) Informal Settlement Conference.(1) Two or more members of the Board or the Dental Review Committee shall represent the full Board at the informal settlement conference, and at least one panelist must be a dentist. At least one member of the representative panel shall be present in person, but other members of the panel may appear via teleconference.(A) Notwithstanding subsection (d)(1) of this section, an informal settlement conference may be conducted by one panelist if the license holder who is the subject of the complaint waives the requirement that at least two panelists conduct the conference. If the license holder waives that requirement, the panelist may be a dentist, a dental hygienist, or a member who represents the public. If the licensee attends the scheduled informal settlement conference and, after being informed of the requirements of Texas Occupations Code §263.0072, does not object during the scheduled time of the conference to the lack of two panel members, the licensee shall have waived the requirement for purposes of that complaint's proceedings.(B) Pursuant to Texas Occupations Code §263.0072(e), an informal settlement conference conducted under Texas Occupations Code §263.007 to show compliance with a Board order or remedial plan of the Board may be conducted by one panelist.(2) The Board will provide the licensee notice in writing of the time, date, and place of the settlement conference not later than the 45th day before the date the conference is held. Such notification shall inform the licensee: of the specific allegations against the licensee and the information board staff intends to use at the informal settlement conference; that he or she may be represented by legal counsel; that the licensee may offer a rebuttal to the allegations, including the exhibits or the testimony of such witnesses as he or she may desire; that the Board will be represented by one or more of its members and by legal counsel; and that he or she may request that the matter be considered by the Board according to procedures described in Texas Occupations Code §263.007. The Board's rules or policies relating to the informal disposition of cases shall be enclosed with the notice of the settlement conference. Notice of the settlement conference, with enclosures, shall be sent by first class United States Mail or overnight courier to the address of record of the licensee on file with the Board or the licensee's attorney of record. An electronic copy of the notice and enclosures may be provided if the license holder or the license holder's representative consents to such electronic notice. A settlement conference may be rescheduled if Board staff does not provide adequate notice as required by this subsection. Delivery of the notice is presumed to have occurred three business days after the deposit of the notice with the United States Postal Service, one business day after deposit of the notice with an overnight courier, or immediately upon sending if the notice is provided electronically.(3) The licensee must provide to Board staff his rebuttal not later than the 15th day before the date of the conference in order for that information to be considered at the conference.(4) The settlement conference shall be informal and will not follow the procedure established in State Office of Administrative Hearing (SOAH) rules for contested cases. The settlement conference will be conducted by representatives of the Board. The Board's representatives may call upon the Board's attorney at any time for assistance in conducting the settlement conference. The licensee, his or her attorney, representative(s) of the Board, and Board staff may question witnesses, make relevant statements, present affidavits or statements of persons not in attendance, and may present such other evidence as may be appropriate.(5) The Board's representatives may prohibit or limit access to the Board's investigative file by the licensee, his or her attorney, and the complainant and his or her representative.(6) The Board's representatives shall exclude from the settlement conference all persons except the patient or other witnesses; the licensee and his or her attorney; the complainant; Board members; and Board staff. Complainants and licensees shall not be present in the informal settlement conference at the same time unless both parties consent, and the Board's representatives may exclude parties at any time to ensure the conference proceeds efficiently and with appropriate decorum.(7) At the conclusion of the settlement conference, the Board's representatives shall make recommendations for resolution or correction of any alleged violations of the Dental Practice Act or of the Board rules. Such recommendations may include any disciplinary actions authorized by Texas Occupations Code §263.002 or a remedial plan authorized by §263.0077 of the Dental Practice Act. The Board's representatives may, on the basis that a violation of the Dental Practice Act or the Board's rules has not been established, dismiss the complaint. Dismissal of a complaint by the Board's representatives shall be adopted after presentation to the full Board for an affirmative vote. A recommendation to dismiss a complaint requires no further action by the Respondent.(8) Board staff shall draft a proposed settlement agreement or remedial plan reflecting the settlement recommendations, which the licensee shall either accept or reject. To accept the settlement recommendations, the licensee must sign the proposed agreed settlement order or remedial plan and return it to the Board. Inaction by the licensee shall constitute rejection. If the licensee rejects the proposed agreed settlement order or remedial plan, the matter shall be referred to SOAH for a contested case hearing.(9) Following acceptance and execution of the proposed agreed settlement order or remedial plan by the licensee, said proposed order shall be submitted to the entire Board for approval.(10) On request of the licensee, Board staff shall make a recording of the conference. The recording is part of the investigative file and may not be released to a third party. Board staff may charge the licensee a fee to cover the cost of recording the conference. Board staff shall provide a copy of the recording to the licensee on the licensee's request.(e) Use of Mediation in Contested Disciplinary Matters.(1) The Executive Director or General Counsel may refer a contested disciplinary matter to a mediation process to seek resolution or correction of any alleged violations of the Dental Practice Act or of the Board rules. Such mediation processes may include any procedure described in the SOAH Rules of Procedure. Referral to mediation may occur prior to or simultaneous with a contested case filed at SOAH.(2) Any agreement or recommendation resulting from the application of a mediation process to a contested disciplinary matter shall be documented in written form and signed by the licensee, and a representative of the Board and/or the Executive Director. Such an agreement or recommendation may include any actions authorized by Chapter 263 of the Dental Practice Act.(3) If the mediation process results in no agreement or recommendation, the matter shall be referred to SOAH for a contested case hearing.(f) Consideration by the Board.(1) All proposed agreed settlement orders, remedial plans, agreements or other recommendations shall be reviewed by the full Board for approval.(2) Upon an affirmative majority vote, the Board shall enter an order approving the proposed agreed settlement order, remedial plan, agreement, or recommendation. Said order shall bear the signature of the Presiding Officer and Board Secretary, or of the officer presiding at such meeting.(3) If the Board does not approve a proposed settlement order, remedial plan, agreement, or recommendation, the licensee shall be so informed. The matter shall be referred by the Board to the Board Secretary and Executive Director for consideration of appropriate action.(g) Restitution.(1) The Board may order a licensee to pay restitution to a patient as provided in a proposed agreed settlement order or other agreement or recommendation, instead of or in addition to any administrative penalty.(2) The amount of restitution ordered may not exceed the amount the patient paid to the licensee for the service or services from which the complaint arose. The Board shall not require payment of other damages or make an estimation of harm in any order for restitution.", "sourceNote": "Source Note: The provisions of this §107.63 adopted to be effective July 18, 1989, 14 TexReg 2952; amended to be effective April 19, 1998, 23 TexReg 3831; amended to be effective November 30, 1999, 24 TexReg 10547; amended to be effective May 10, 2004, 29 TexReg 4473; amended to be effective February 24, 2008, 33 TexReg 1546; amended to be effective February 2, 2010, 35 TexReg 631; amended to be effective September 14, 2010, 35 TexReg 8342; amended to be effective December 10, 2013, 38 TexReg 8831; amended to be effective March 23, 2015, 40 TexReg 1707; amended to be effective September 24, 2018, 43 TexReg 6274." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "1606", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.64", "label": "Required Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "10942", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas State Board of Dental Examiners may require a dentist, dental hygienist, dental laboratory, or other licensee to submit reports to insure compliance with a board order.", "sourceNote": "Source Note: The provisions of this §107.64 adopted to be effective May 31, 1990, 15 TexReg 2801." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "10942", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.65", "label": "Time Limits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160969", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless a specific time limit is imposed by board order, a licensee shall complete the community service, continuing education, and other requirements imposed by a board order in regular increments over the period of probation imposed, and shall report compliance in accordance with §107.64 of this title (relating to Required Reporting).", "sourceNote": "Source Note: The provisions of this §107.65 adopted to be effective May 31, 1990, 15 TexReg 2801." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160969", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.66", "label": "Application for Modification of Board Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160970", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or registrant in current status seeking modification of a prior Board Order may submit a written application for modification of the Board Order. The application shall be submitted to the General Counsel of the Board and shall include at least the following:(1) specific sanction of which modification is requested;(2) evidence of compliance with past and current Board Orders;(3) summary of reasons for request;(4) benefit to the public if granted; and(5) exhibits or testimonials, including but not limited to any continuing education or other rehabilitative activities.(b) An application for modification shall not be accepted before the longer of:(1) twelve months from the effective date of the Board Order; or(2) the successful completion of two-thirds (2/3) of the total compliance period of the Board Order.(c) An applicant for modification shall meet all requirements necessary for the Board to access the applicant's criminal history information, including submitting fingerprint information and paying all associated costs.", "sourceNote": "Source Note: The provisions of this §107.66 adopted to be effective May 31, 1990, 15 TexReg 2801; amended to be effective March 7, 2013, 38 TexReg 1362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160970", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.67", "label": "Review of Application for Modification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160971", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications for modification may be reviewed at an informal settlement conference empaneled by staff or Board members. The panel shall make a recommendation to the Board concerning the application.(b) The Board, in its discretion, may accept or reject the panel's recommendation to grant or deny the application or modify the original findings to reflect changed circumstances.(c) If the application for modification is denied by the Board, a subsequent application may not be considered by the Board until twelve (12) months from the date of denial of the previous application.(d) A person applying for modification of a Board Order has the burden of proof.(e) The Board may give notice to any patient or other party involved in any allegation for which application for modification is received by the Board.", "sourceNote": "Source Note: The provisions of this §107.67 adopted to be effective May 31, 1990, 15 TexReg 2802; amended to be effective March 7, 2013, 38 TexReg 1362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160971", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.68", "label": "Appearances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178941", "queryAsDate": "03/11/2026" }, "ruleBody": "Nothing in this subchapter shall be construed to prevent any licensee of the Board or any other person from appearing before the Board for consideration of any matter. Thirty (30) days prior to an appearance, the person shall submit a request to appear stating the substance of the matter to be discussed. The Board may limit the time within which any party may address the Board and may limit the appearance to consideration of written materials.", "sourceNote": "Source Note: The provisions of this §107.68 adopted to be effective May 31, 1990, 15 TexReg 2802; amended to be effective March 7, 2013, 38 TexReg 1362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178941", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "A", "label": "PROCEDURES GOVERNING GRIEVANCES, HEARINGS, AND APPEALS" }, "rule": { "number": "§107.69", "label": "Temporary Suspension in Emergency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179783", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §263.004(a) of the Act, a license, permit, or registration shall be temporarily suspended when the board or an executive committee of the board determines that the continued performance of the licensee, permit holder, or registrant (respondent) would constitute a clear, imminent, or continuing threat to a person's physical health or well-being.(b) An executive committee of the board shall convene as follows:(1) For each temporary suspension proceeding, the presiding officer of the board shall appoint a three-member executive committee, called \"suspension panel,\" at least two of whom must be dentists, to consider the information and evidence presented by board staff. The presiding officer of the board shall name a chair of the suspension panel.(2) In the event of the recusal of a suspension panel member or the inability of a suspension panel member to attend a temporary suspension proceeding, an alternate board member may serve on the suspension panel upon appointment by the presiding officer.(3) Pursuant to §551.125 of the Texas Government Code, the suspension panel may convene via telephone conference call.(c) Temporary Suspension Hearing. The meeting at which the suspension panel considers a temporary suspension is a temporary suspension hearing. At the temporary suspension hearing, board staff shall present evidence and information to the suspension panel that the continued practice by a person licensed or registered by the board, or the continued performance by a person licensed or registered by the board of a procedure for which the person holds a permit issued by the board, would constitute a clear, imminent, or continuing threat to a person's physical health or well-being.(d) Order of Temporary Suspension. If a majority of the suspension panel votes to temporarily suspend a license, permit, or registration, the suspension shall have immediate effect, and the chair of the suspension panel will sign an Order of Temporary Suspension. The Order of Temporary Suspension shall include or attach a factual and legal basis establishing imminent peril to the public health, safety, or welfare, as required by §2001.054(c1) of the Texas Government Code. The Order shall be sent by certified mail or hand-delivered to the respondent.(e) Temporary Suspension Without Notice. In accordance with §263.004(b) of the Act, a license or permit may be suspended under this section without notice to the respondent if at the time of the suspension, board staff requests a hearing before the State Office of Administrative Hearings (SOAH) to be held no later than 30 days after the date the temporary suspension. The hearing is referred to as the \"probable cause hearing.\"(f) Notice, Continuance, and Waiver of Probable Cause Hearing. Board staff shall serve notice of the probable cause hearing upon the respondent in accordance with SOAH's rules. The respondent may request a continuance of the probable cause hearing or request to waive the probable cause hearing. If the Administrative Law Judge (ALJ) grants the continuance request or the respondent's request to waive of the probable cause hearing, the suspension remains in effect until the suspension is considered by SOAH at the continued probable cause hearing or at the final hearing. If the probable cause hearing is not held within 30 days, and the respondent did not request a continuance or waive the probable cause hearing, the suspended license, permit, or registration is reinstated.(g) Probable Cause Hearing. At the probable cause hearing, an ALJ shall determine whether there is probable cause to continue the temporary suspension of the license, permit, or registration and issue an order on that determination.(h) Final Hearing. If the ALJ determines that probable cause exists to continue the temporary suspension, SOAH shall hold a second hearing no later than 60 days from the date of the temporary suspension hearing. At this hearing, board staff shall present evidence supporting the continued suspension of the license, permit, or registration and may present evidence of any additional violations related to the licensee, permit holder, or registrant. This hearing is referred to as the \"final hearing.\"(i) Notice and Continuance of Final Hearing. Board Staff shall send notice of the final hearing in accordance with SOAH's rules. The respondent may request a continuance of the final hearing. If SOAH does not hold a final hearing within 60 days of the date of the temporary suspension hearing, and the respondent has not requested a continuance, the license, permit, or registration is reinstated.(j) Proposal for Decision. Following the final hearing, the ALJ shall issue a proposal for decision on the suspension and any other action to be taken against the license or permit holder, for consideration by the board at its next scheduled board meeting.(k) A temporary suspension takes effect immediately and shall remain in effect until:(1) a final or superseding order of the Board is entered; or(2) the ALJ issues an order determining that there is no probable cause to continue the temporary suspension of the license, permit, or registration.", "sourceNote": "Source Note: The provisions of this §107.69 adopted to be effective July 11, 2016, 41 TexReg 5051." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179783", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.100", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179784", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Title 3, Subtitle D, Chapter 251 - 267, Texas Occupations Code.(2) Complaint--The term complaint includes complaints submitted on the agency's official complaint form, complaints initiated internally on the agency's internal complaint form, and self-reports submitted by licensees pursuant to §108.6 of this title (relating to Report of Patient Death or Injury Requiring Hospitalization).(3) Jurisdictional Complaint--A complaint received by the board that if true, would constitute a violation of the Act or board rules.(4) Jurisdictional Not Filed Complaint--A jurisdictional complaint received by the board on which the board decides not to proceed with an official investigation. These complaints are closed during the preliminary investigation.(5) Jurisdictional Filed Complaint--A jurisdictional complaint on which the board has determined to proceed with an official investigation.(6) Preliminary Investigation--An investigation conducted by the agency upon the receipt of a complaint to determine whether the complaint is jurisdictional and whether the complaint should be filed and an official investigation commenced.(7) Official Investigation--An investigation conducted by the agency of a complaint that, after a preliminary investigation, is determined to be a jurisdictional filed complaint.(8) Respondent--The person or entity that is identified as the subject of a complaint received by the agency.", "sourceNote": "Source Note: The provisions of this §107.100 adopted to be effective September 6, 2016, 41 TexReg 6694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179784", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.101", "label": "Responsibilities of Investigations Division and Dental Practice Division" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179776", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Investigations Division, under supervision of the Director of Investigations, processes and investigates complaints received by or initiated by the agency. All investigations shall comply with §255 of the Act.(b) The Dental Practice Division, under supervision of the Dental Director, assists in the preliminary investigation of complaints related to professional competency and coordinates the official investigation of complaints related to professional competency, including the use of the Dental Review Panel in the official investigation.", "sourceNote": "Source Note: The provisions of this §107.101 adopted to be effective September 6, 2016, 41 TexReg 6694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179776&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179776", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.102", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179777", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints shall be submitted on the official complaint form.(b) Complaints shall contain the following information:(1) the name and contact information of the complainant;(2) the name of the person or entity against whom the complaint is filed;(3) the time and place of the alleged violation of the Act or board rules; and(4) if applicable, the name and birthdate of the patient who was treated.(c) Jurisdictional complaints that are received by the board and do not comply with subsections (a) and (b) of this section may be closed as \"Jurisdictional-Not Filed\" during the preliminary investigation if they contain insufficient evidence or information to determine probable cause exists to proceed to an official investigation. The Director of Investigations or Dental Director may initiate an internal complaint based on the allegations made in such a complaint if the allegations made in the complaint, if true, would constitute a clear, imminent, or continuing threat to a person's physical health or well-being. These complaints name the State of Texas as the complainant.", "sourceNote": "Source Note: The provisions of this §107.102 adopted to be effective September 6, 2016, 41 TexReg 6694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179777", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.103", "label": "Preliminary Investigation of a Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190801", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each complaint received by the agency undergoes a preliminary investigation. The preliminary investigation determines the following:(1) whether the board has jurisdiction over the complaint;(2) whether the continued practice by a licensee/registrant or the continued performance by a licensee/registrant of a procedure for which the person holds a license or registration would constitute a clear, imminent, or continuing threat to a person's physical health or well-being; and(3) whether there is probable cause to justify commencement of an official investigation.(b) Determination of jurisdiction. A complaint is jurisdictional if it alleges conduct, that if true, would constitute a violation of the Act or board rules. A complaint is not jurisdictional if the complaint is received by the agency after the fourth anniversary of the date the act that is the basis of the complaint occurred; or the complainant discovered, or in the exercise of reasonable diligence should have discovered, the occurrence of the act that is the basis of the complaint. A complaint that is closed in the preliminary investigation because the board has no jurisdiction over the complaint is a \"Dismissed-Non Jurisdictional\" complaint.(c) If the board has jurisdiction over the complaint, board staff shall complete the preliminary investigation of the complaint not later than the 60th day after the date the agency received the complaint. If the complaint alleges a violation of the standard of care, board staff conducting the preliminary investigation of the complaint shall be or shall consult with a licensed dentist or dental hygienist who is a member of the Dental Practice Division or a member of the board.(d) In the preliminary investigation, board staff shall determine whether the continued practice by a licensee/registrant or the continued performance by a licensee/registrant of a procedure for which the person holds a license or registration would constitute a clear, imminent or continuing threat to a person's physical health or well-being. If such determination is made, board staff may refer such complaint to the suspension panel of the board for a temporary suspension pursuant to §263.004 of Act.(e) In the preliminary investigation, board staff may make reasonable efforts to contact the complainant concerning the complaint. Any additional information received from the complainant will be added to the information maintained on the complaint.(f) In the preliminary investigation, the respondent may be given the opportunity to respond to the allegations. If the respondent is given this opportunity, the response must be received within the time prescribed by board staff. Any additional information received from the respondent will be added to the information maintained on the complaint.(g) In the preliminary investigation of each jurisdictional complaint, the following minimum additional evidence will be gathered by the Investigations division:(1) The history of the respondent collected and maintained by the agency;(2) The history of the respondent maintained by the National Practitioner's Data Bank;(3) Whether the respondent is a participant in the state Medicaid program and whether the allegations made in the complaint involve services provided under the state Medicaid program, for reporting purposes pursuant to §254.012 of the Act; and(4) medical and dental records, as needed.(h) At the conclusion of the preliminary investigation of a jurisdictional complaint, board staff shall determine whether to commence an official investigation of the complaint. A jurisdictional complaint that is closed during the preliminary investigation without proceeding to an official investigation is considered \"Jurisdictional-Not Filed.\" A complaint that proceeds to an official investigation is considered a \"Jurisdictional-Filed\" complaint.(i) If board staff fails to complete the preliminary investigation within 60 days of receiving the complaint, the board's official investigation of the complaint commences on the 60th day, and the complaint is considered a \"Jurisdictional-Filed\" complaint.(j) Appeal. Following the receipt of the notice that a complaint has been closed during the preliminary investigation as a \"Jurisdictional-Not Filed\" complaint, the complainant may appeal the closure of the complaint to the board.(1) To be considered by the board, the appeal must:(A) be submitted in writing to the agency ;(B) received by the agency no later than the 45th day after the mailing date of the notice of closure of the Jurisdictional-Not Filed complaint; and(C) list the reason(s) for the appeal, providing sufficient information to indicate that an official investigation is warranted.(2) Review of an Appeal. Appeals will be considered by the board in a public meeting. The board shall determine one of the following:(A) The appeal is denied;(B) Additional information must be obtained before a determination on the appeal can be made; or(C) The appeal is granted.(3) Personal Appearances. The complainant has the right to personally appear before the board considering the appeal. This appearance must be scheduled through agency staff. This appearance may be limited in time and scope by the presiding officer of the board.(4) Notice. The complainant shall be notified of the board's decision concerning the appeal.(5) Appeals Limited. Only one appeal shall be allowed for each complaint.(6) Granted Appeals. If the board grants an appeal, the original complaint remains closed, and a new complaint is opened to officially investigate the complaint. The official investigation of the new complaint commences on the date the board grants an appeal.", "sourceNote": "Source Note: The provisions of this §107.103 adopted to be effective September 6, 2016, 41 TexReg 6694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190801&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190801", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.104", "label": "Official Investigation of a Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220408", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Once an official investigation comments, board staff shall notify the complainant and respondent of the filing of the complaint and the commencing of the official investigation. The complainant and the respondent shall receive notice of the complaint's status, at least quarterly, until final disposition of the complaint, unless such notice would jeopardize an investigation.(b) The official investigation of a complaint may include referral to a panel of experts for review.(c) As of September 1, 2016, board staff shall classify each filed complaint into one or more of the following allegation categories:(1) Standard of Care: failure to treat a patient according to the standard of care in the practice of dentistry or dental hygiene.(2) Sanitation: failure to maintain the dental office in a sanitary condition.(3) Dishonorable Conduct: unprofessional or dishonorable conduct, including conduct identified in §108.9 of this title (related to Dishonorable Conduct).(4) Administrative: failure to comply with administrative requirements of the Act or board rules.(5) Business Promotion: failure to comply with the requirements of the Act or board rules relating to advertising and referral schemes.(6) Practicing Dentistry without a License.(7) Non-compliance: failure to comply or timely comply with an Order or Remedial Plan issued by the board.(d) Board staff shall assign each filed complaint a priority classification, as follow:(1) Priority 1 includes allegations that require an expedited investigation or consideration of temporary suspension of license of permits.(2) Priority 2 includes allegations that require an expedited investigation.(3) Priority 3 includes investigations that require a standard investigation.(4) A complaint's priority classification may be changed when appropriate.", "sourceNote": "Source Note: The provisions of this §107.104 adopted to be effective May 10, 2018, 43 TexReg 2776." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220408", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.105", "label": "Collection of Information and Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220409", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dental Records. Upon request by board staff, a dental custodian of records shall provide copies of dental records or original records. Board staff may require a dental custodian of records to submit records immediately if required by the urgency of the situation or the possibility that the records may be lost, damaged, or destroyed.(b) Response to Board Requests. In addition to the requirements of responding or reporting to the board under this section, a licensee/registrant shall respond in writing to all written board requests for information within ten days of receipt of such request.(c) Business Records Affidavits. Dental records must be provided under a business records affidavit or as otherwise required by board staff.(d) Failure to Comply.(1) Administrative Penalty. Failure to comply with board staff's request for records or information may be grounds for the issuance of an administrative penalty pursuant to §264.001 of the Act.(2) Disciplinary Action. Failure to comply with board staff's request for records or information may be unprofessional and dishonorable conduct that is subject to disciplinary action by the board pursuant to §263.002 of the Act.(3) Civil Penalty. Failure to comply with board staff's request for records and other evidence or failure to comply with other law regulating dental patient records may be subject to a civil penalty pursuant to §258.0511 and §264.101 of the Act.(4) Criminal penalty. Failure to comply with board staff's request for records and other evidence or failure to comply with other law regulating dental patient records, in violation of §258.0511, is a criminal offense pursuant to §264.152 of the Act.", "sourceNote": "Source Note: The provisions of this §107.105 adopted to be effective September 6, 2016, 41 TexReg 6694; amended to be effective August 29, 2024, 49 TexReg 6456." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220409", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.106", "label": "Confidentiality of Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179780", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Investigation files and other records are confidential, except board staff shall inform the license holder of the specific allegations against the license holder.(b) No employee, agent, or member of the board may disclose confidential information except in the following circumstances:(1) to another local, state or federal regulatory agency;(2) to local, state or federal law enforcement agencies;(3) to other persons if required during the course of the investigation;(4) to other entities as required by law; and(5) a person who has provided a statement may receive a copy of the statement.(c) A final disciplinary action of the board is not excepted from public disclosure, including:(1) the revocation or suspension of a license/registration;(2) the placement on probation with conditions of a license/registration that has been suspended;(3) the reprimand of a licensee/registrant;(4) the issuance of a warning order to a licensee/registrant;(5) a final cease and desist order issued to a non-licensee; and(6) an administrative penalty.(d) A final public action of the board is not excepted from public disclosure, including a non-disciplinary remedial plan.(e) Files and other records collected during the investigation of a license application are confidential, except board staff shall maintain a public profile of each licensee that contains the following information:(1) License name and former last name;(2) License number;(3) License status;(4) License issue date;(5) License expiration date;(6) Primary address;(7) Information related to issuance of nitrous and sedation/anesthesia permits;(8) Area of practice reported by licensee/registrant;(9) Dental school and year of graduation; and(10) Year of birth.", "sourceNote": "Source Note: The provisions of this §107.106 adopted to be effective September 6, 2016, 41 TexReg 6694; amended to be effective August 29, 2024, 49 TexReg 6457." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179780", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.107", "label": "Use of Dental Review Panel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179781", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the preliminary investigation finds that there is probable cause to indicate that an act by a licensee/registrant fell below the minimum standard of care, the relevant information and records collected by board staff shall be reviewed by a panel of experts during the official investigation. Each panel of experts shall include an initial and second reviewer and, if necessary, a third reviewer. The panel of experts for an investigation shall be selected from members of the Dental Review Panel.(b) Composition and Duties. The Dental Review Panel shall be composed of dentists and dental hygienists appointed by the board to assist with complaints and investigations relating to professional competency by acting as expert dentist and dental hygienist reviewers.(c) Qualifications. To be eligible to serve on the Dental Review Panel, a dentist or dental hygienist must meet the following criteria:(1) licensed in Texas to practice dentistry or dental hygiene;(2) no history of disciplinary action by the board in the ten years prior to application;(3) acceptable malpractice complaint history;(4) in active practice currently and at the time of the alleged violation, or supervising clinical care in an academic setting;(5) demonstrated knowledge of accepted standards of dental care for the diagnosis, care and treatment related to the alleged violation; and(6) demonstrated training or experience to offer an expert opinion regarding accepted standards of dental care.(d) Term; Resignation; Removal.(1) An expert reviewer shall serve on the Dental Review Panel until resignation or removal from the Dental Review Panel or non-renewal of contract.(2) An expert reviewer may resign from the Dental Review Panel at any time.(3) An expert reviewer may be removed from the Dental Review Panel for good cause at any time on order of the Executive Director. Good cause for removal includes:(A) failure to maintain the eligibility requirements set forth in subsection (c) of this section;(B) failure to inform the board of potential or apparent conflicts of interest;(C) repeated failure to timely review complaints or timely submit reports to the board;(D) repeated failure to prepare the reports in the prescribed format; and(E) direct contact with the complainant or the respondent.(e) The presiding officer or board secretary may make an interim appointment of an expert reviewer to serve the board until the reviewer can be considered for appointment by the board at the next board meeting.", "sourceNote": "Source Note: The provisions of this §107.107 adopted to be effective September 6, 2016, 41 TexReg 6694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179781", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.108", "label": "Assignment of Dental Review Panel Members" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179782", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reviewers for a particular complaint shall be assigned from among those Dental Review Panel members who practice in the same or similar specialty as the Respondent identified in the filed complaint.(b) If an assigned reviewer has a potential or apparent conflict of interest that would prevent the reviewer from providing a fair and unbiased opinion, that reviewer shall not review the case and another reviewer shall be assigned from among those Dental Review Panel members who practice in the same or similar specialty as the Respondent identified in the filed complaint.(1) A potential conflict of interest exists if the selected reviewer lives or practices dentistry or dental hygiene in the same geographical market as the Respondent identified in the filed complaint and:(A) is in direct competition with the licensee/registrant; or(B) knows the licensee/registrant.(2) An apparent conflict of interest exists if the reviewer:(A) has a direct financial interest or relationship with any matter, party, or witness that would give the appearance of a conflict of interest;(B) has a familial relationship within the third degree of affinity with any party or witness; or(C) determines that the reviewer has knowledge of information that has not been provided by board staff and that the reviewer cannot set aside that knowledge and fairly and impartially consider the matter based solely on the information provided by board staff.(c) If no reviewer agrees to review the case who can qualify under the requirements of subsections (a) and (b) of this section, a reviewer who has a potential conflict may review the case, provided the expert reviewer's report discloses the nature of the potential conflict.(d) If any assigned reviewer has a potential or apparent conflict of interest, the reviewer shall notify board staff in the Dental Practice Division of the potential or apparent conflict.", "sourceNote": "Source Note: The provisions of this §107.108 adopted to be effective September 6, 2016, 41 TexReg 6694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179782&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179782", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.109", "label": "Review by Dental Review Panel Members" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195550", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The initial reviewer shall review all the relevant information and records collected by the agency and determine whether the respondent has violated the standard of care applicable to the circumstances and issue a preliminary written report of that determination.(b) The second reviewer shall review the initial reviewer's preliminary report and all the relevant information and records collected by the agency and determine whether the respondent has violated the standard of care applicable to the circumstances. If the second reviewer agrees with the conclusions of the initial reviewer, the second reviewer shall inform the initial reviewer and the initial reviewer shall issue a final written report on the matter. If the second reviewer does not agree with the conclusions of the initial reviewer, the second reviewer shall issue a secondary written report of his determination.(c) If the initial and second reviewer do not agree on the determination, a third reviewer will be necessary. The third reviewer shall review the preliminary and secondary report and all the relevant information and records collected by the agency and determine whether the respondent has violated the standard of care applicable to the circumstances and issue a final written report of that determination. The final written report shall be issued by the third reviewer or the reviewer with whom the third reviewer concurs.(d) The written reports shall include the following:(1) the general qualifications of each reviewer; and(2) the opinions of each reviewer regarding:(A) the relevant facts concerning the dental care rendered;(B) the applicable standard of care;(C) the application of the standard of care to the relevant facts;(D) a determination of whether the standard of care has been violated; and(E) the clinical basis for the determinations, including any reliance on peer-reviewed journals, studies, or reports.(e) The reviewers may consult and communicate with each other in formulating their opinions and reports.", "sourceNote": "Source Note: The provisions of this §107.109 adopted to be effective September 6, 2016, 41 TexReg 6694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195550", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§107.110", "label": "Baseless or Unfounded Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Statutory Authorization and Purpose. Pursuant to Texas Occupations Code §263.0074, the Board shall dismiss baseless or unfounded complaints through the procedures described in subsections (c) and (d) of this section. If the Board determines that the complaint is not baseless or unfounded, the complaint shall be resolved through the procedures outlined in §107.200 of this title (relating to Disposition of a Filed Complaint).(b) Definitions. The definitions provided in §107.100 of this title (relating to Definitions) shall apply to this section.(c) Baseless or Unfounded Complaints. Within the first one-hundred-eighty days after the Board commences official investigation of a complaint, Board staff shall identify the classification of allegations in the complaint pursuant to §107.104 of this title (relating to Official Investigation of a Complaint) and determine if the complaint is baseless or unfounded by applying the following criteria:(1) Failure to Specify a Violation of the Standard of Care. If the complaint submitted to the Board does not specify a procedure or service provided by the Respondent that may fall below the standard of care, Board staff shall dismiss the complaint.(2) Failure to Describe a Sanitation Violation. If the complaint submitted to the Board does not describe conditions in the Respondent's practice that may violate laws or Board rules related to the sanitation of a dental office, Board staff shall dismiss the complaint.(3) Failure to Describe Dishonorable Conduct. If the complaint submitted to the Board does not describe conduct by the Respondent which may be considered dishonorable under laws or Board rules, Board staff shall dismiss the complaint.(4) Failure to Identify an Administrative Violation. If the complaint submitted to the Board does not identify a violation of the administrative requirements of the laws and Board rules related to licensure as a dentist or dental hygienist or registration as a dental assistant, Board staff shall dismiss the complaint.(5) Failure to Describe a Business Promotion Violation. If the complaint submitted to the Board does not describe business promotion activities by the Respondent that may represent a violation of the laws and Board rules regarding business promotion, Board staff shall dismiss the complaint.(6) Failure to Establish Practice of Dentistry without a License. If the complaint submitted to the Board does not provide sufficient detail to establish that the Respondent may have practiced dentistry or dental hygiene without a license, or that Respondent may have practiced as a dental assistant or dental laboratory without a registration, Board staff shall dismiss the complaint.(7) Failure to Identify a Person or Entity Subject to Board Jurisdiction. If the complaint submitted to the Board does not provide sufficient information to identify a Respondent who is a person or entity subject to the jurisdiction of the Board, or if the complaint alleges standard of care, sanitation, dishonorable conduct, administrative, or business promotion allegations against a deceased or unlicensed/unregistered Respondent, Board staff shall dismiss the complaint. Nothing in this section shall be construed to prohibit the Board from utilizing the complaint and associated information to pursue action against an unlicensed person for the practice of dentistry or dental hygiene without a license, or from providing the complaint and associated information to the appropriate state agency with jurisdiction over the person identified in the complaint.(d) Notification and Record of Complaint Dismissal. The Board shall provide a notice to the person who filed the baseless or unfounded complaint identifying the reasons for dismissal from subsection (c) of this section. The Board shall also retain in the records of each baseless or unfounded complaint the reason for the dismissal from subsection (c) of this section.", "sourceNote": "Source Note: The provisions of this §107.110 adopted to be effective June 12, 2019, 44 TexReg 2839." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178942", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "C", "label": "DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§107.200", "label": "Disposition of a Filed Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193777", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) During the official investigation of a filed complaint, board staff will determine whether a violation of the Act or board rules has occurred. If the complaint is related to professional competency, members of the Dental Review Panel shall assist with the determination, as described in Subchapter B of this Chapter.(b) If the information and evidence gathered and the Dental Review Panel Report, if applicable, indicate that a violation of the Act has occurred, board staff shall initiate the appropriate action, including dismissal with board recommendation, disciplinary action, remedial plan, or cease and desist order, and obtain final approval of the board at a public board meeting, if required.(c) If the information and evidence gathered and the Dental Review Panel Report, if applicable, is insufficient to support that a violation of the Act or board rules has occurred, board staff shall dismiss the complaint and advise the board of such dismissal at a public board meeting.(d) If a complaint is dismissed, a letter shall be sent to the complainant informing him or her of the dismissal and explaining the reason for the dismissal.(e) If the complaint is dismissed, a letter shall be sent to the respondent informing him or her of the dismissal. Board staff may also inform the respondent of any recommendations that may improve his or her practice.", "sourceNote": "Source Note: The provisions of this §107.200 adopted to be effective July 11, 2016, 41 TexReg 5051." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193777", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "C", "label": "DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§107.201", "label": "Procedures for Assessment of Administrative Penalties in Informal Complaint Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193778", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Statutory Authorization and Purpose.(1) Section 263.002(a) of the Texas Occupations Code authorizes the Board to assess administrative penalties as disciplinary actions against persons licensed or regulated under the Dental Practice Act. Subchapter A of Chapter 264 of the Texas Occupations Code provides the Board's procedure when assessing an administrative penalty. Section 264.011 of the Texas Occupations Code authorizes the Board to utilize an administrative penalty using the informal settlement conference process under Texas Occupations Code §263.007. Section 263.0065 of the Texas Occupations Code authorizes the Board to delegate certain complaint dispositions to a committee of Board employees.(2) The purpose of this rule section is to establish the procedure to be followed by the Board and Board employees when utilizing administrative penalties in the informal settlement process. The processes outlined in this rule may be utilized in addition to the assessment of administrative penalties outlined in Subchapter A of Texas Occupations Code Chapter 264.(b) Definitions. In this rule section, the following terms shall apply:(1) \"Administrative Fine\" is a monetary fine assessed pursuant to Texas Occupations Code §263.002(a) in connection with the issuance of a disciplinary sanction by the Board. Administrative fines shall not be assessed when issuing a Remedial Plan. The Board shall not assess an administrative fine without the issuance of a Warning, Reprimand, Probated Suspension, or Enforced Suspension.(2) \"Administrative Penalty\" is a monetary penalty assessed as a disciplinary action pursuant to Texas Occupations Code §263.002(a). An administrative penalty is a public disciplinary action of the Board. An administrative penalty shall not be issued in conjunction with the issuance of a Warning, Reprimand, Probated Suspension, Enforced Suspension, or Remedial Plan. An administrative penalty that is issued subject to an agreement between the parties during informal settlement shall be referred to as an \"agreed administrative penalty.\"(3) \"Informal Settlement Conference\" is a settlement conference held by the Board pursuant to Texas Occupations Code §263.007 and Board rule 22 TAC §107.63 (relating to Informal Disposition and Mediation).(4) \"Licensee\" means a person who holds a license, certificate, registration, permit, or other authorization that is issued by the Board.(c) Use of Administrative Penalties in Informal Settlement Conferences. The Board shall utilize administrative penalties as outlined in this subsection during informal settlement conferences.(1) The panel appointed for the Informal Settlement Conference shall follow the assessment of administrative penalties schedule in Board rule 22 TAC §107.202 (relating to Administrative Penalty Schedule) when determining the appropriate amount of the penalty. The administrative penalty may be proposed as an agreed settlement for the resolution of one or more of the pending complaints considered by the panel at the informal settlement conference.(2) The agreed administrative penalty shall not contain restrictions on the scope of a dentist's practice or the removal or restriction of sedation/anesthesia permit privileges. The panel may require the completion of up to ten hours of continuing education in relevant practice areas through the agreed administrative penalty. The panel shall require the completion of the Board's jurisprudence assessment.(3) The Board may utilize administrative penalties as disciplinary sanctions for the resolution of all Board complaints, with the exception of the following complaint categories that are not eligible for administrative penalties:(A) The death or hospitalization of a patient where the informal settlement conference panel determines that violations by the licensee directly contributed to the condition or cause of the patient's death or hospitalization;(B) Criminal conviction of a licensee for crimes directed at patients or staff;(C) Violations related to the provision of sedation/anesthesia where the informal settlement conference panel determines that violations by the licensee posed a danger to the health and safety of patients;(D) Violations related to addiction to or habitual intemperance in the use of alcoholic beverages or drugs, or violations related to improperly obtaining, possessing, using, or distributing habit-forming drugs or narcotics; or(E) Violation of a suspension, prohibition, or restriction of practice contained in a prior Board order.(d) Use of Administrative Penalties in Delegated Complaint Resolution. The Board is authorized by Texas Occupations Code §263.0065 to delegate the authority to enter into agreed settlement of certain complaint dispositions. All delegated dispositions must be approved at a public meeting of the Board. Should the licensee reject any attempt at settlement, the complaint shall be scheduled for an informal settlement conference. Subject to these requirements, the Board shall allow the following uses of administrative penalties in delegated resolutions:(1) An informal settlement conference panel member may direct staff to attempt resolution of a complaint through agreed settlement utilizing an administrative penalty prior to presentation of the complaint for an informal settlement conference.(2) The Board shall allow a committee of Board employees the authority to offer an agreed settlement utilizing an administrative penalty prior to scheduling a complaint for an informal settlement conference. The following requirements apply to this delegated authority:(A) Board employees are not authorized to offer settlement of a complaint that is a violation of the standard of care involving the licensee's clinical treatment or lack of treatment for a patient; and(B) The committee of Board employees must include at least two of the following Board employees: (i) Executive Director, (ii) General Counsel, (iii) Director of Dental Practice Division, and (iv) Director of Investigations Division.(e) Use of the State Office of Administrative Hearings. If a licensee refuses to accept the recommendation of an informal settlement conference panel to resolve a case through an agreed administrative penalty, the Board shall follow the procedures outlined in Texas Occupations Code §263.0073(h). The Board may impose the previously-recommended administrative penalty, and may impose a lower amount of penalty or a higher level of disciplinary sanction with an administrative fine and other conditions, as justified by Board rules and the relevant mitigating and aggravating factors identified during the contested case process. Regardless of the recommended sanction provided by an administrative law judge or mediator at the State Office of Administrative Hearings, the Board shall not recommend or impose an administrative penalty in any circumstances identified in subsection (c)(3) of this section.(f) Reports of Administrative Penalties.(1) An administrative penalty shall be a public record and shall be kept with the associated disciplinary actions taken against each licensee.(2) An administrative penalty shall not be considered a restriction or limitation on the license or registration of the licensee and shall not be reported to the National Practitioner Data Bank.(3) The investigative file and other records related to the administrative penalty shall remain confidential, in accordance with Texas Occupations Code §254.006.(4) A report of the administrative penalties issued shall be made to the Board at each regularly scheduled meeting.(g) Nothing in this rule section shall be construed to prohibit or restrict the Board from offering or imposing a different disciplinary sanction, or a Remedial Plan, to resolve a complaint. An offer of administrative penalty during the settlement process shall not be binding on the Board in any subsequent contested case hearing or mediation to resolve a complaint.", "sourceNote": "Source Note: The provisions of this §107.201 adopted to be effective July 11, 2016, 41 TexReg 5051; amended to be effective January 3, 2019, 43 TexReg 8592." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193778", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "C", "label": "DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§107.202", "label": "Administrative Penalty Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148164", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and Construction. The Board has established the following administrative penalty schedule based upon consideration of the required factors outlined in Section 264.002(b) of the Texas Occupations Code. The Board and Board employees shall utilize this schedule when recommending an administrative penalty amount under Subchapter A of Texas Occupations Code Chapter 264 and §107.201 of this title (relating to Procedures for Assessment of Administrative Penalties in Informal Complaint Resolution). Nothing in this rule section shall be construed to prohibit the Board from imposing a different disciplinary sanction or a Remedial Plan to resolve a complaint. An offer of administrative penalty during the settlement process shall not be binding on the Board in any subsequent contested case hearing or mediation to resolve a complaint.(b) Definitions. The definitions contained in §107.201(b) of this title shall apply to this rule section.(c) Penalty Schedule. The amount of an administrative penalty shall not exceed five thousand dollars for each violation, in accordance with Texas Occupations Code §264.002(a). The Board shall identify each violation and element of the penalty amount showing the constituent elements of the total penalty assessed. Pursuant to Texas Occupations Code §264.002(a), each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The type and base amount of each penalty shall be as follows:(1) Violation of a Board Administrative Rule. A violation involving purely administrative requirements that does not involve the care of patients. Violations under this classification include, but are not limited to:(A) failure to timely complete continuing education requirements;(B) practice with expired license, permit, or registration;(C) failure to comply with Board advertising rules and restrictions;(D) permitting a staff member to practice with an expired license, permit, or registration; and(E) failure to maintain a current and accurate contact address with the Board. The base amount of this penalty shall be one hundred dollars.(2) Basic Recordkeeping and Patient Communication. A violation involving maintenance of patient records, providing patient records upon request, and required communication with a patient. Violations under this classification include, but are not limited to:(A) failure to provide records to a patient within 30 days of request;(B) failure to provide adequate intent to discontinue undertaken treatment notice to the patient as required by §108.5 of this title (relating to Patient Abandonment) (each missing element represents a separate violation);(C) failure to report a patient hospitalization as required by §108.6 of this title (relating to Report of Patient Death or Injury Requiring Hospitalization);(D) failure to review and update patient medical history annually; and(E) failure to record patient vital signs as required by Board rule. The base amount of this penalty shall be two hundred fifty dollars.(3) Preparedness, Patient Safety, and Sanitation. A violation involving failure to adequately clean and prepare the dental office or location where patients will be treated. Violations under this classification include, but are not limited to:(A) failure to prepare adequate emergency protocols and ensure staff training for emergencies;(B) failure to comply with sanitation requirements and testing; and(C) failure to maintain adequate supplies of emergency response medications and supplies as required by the licensee's practice type and sedation/anesthesia permit level. The base amount of this penalty shall be five hundred dollars.(4) Standard of Care and Fair Dealing. A violation involving direct clinical treatment or lack of treatment for the patient. Violations under this classification include, but are not limited to:(A) falling below the minimum standard of care when performing endodontic, orthodontic, restorative, or other dental treatment;(B) provision of sedation/anesthesia below the minimum standard of care, where the violations did not pose a danger to the health and safety of patients;(C) failing to obtain adequate written informed consent from the patient for all procedures performed;(D) violation of the duty of fair dealing by overcharging, overbilling, or overtreating the patient; and(E) misleading a patient as to the gravity of their dental needs. The base amount of this penalty shall be one thousand dollars.(d) Additional Factors in Penalty Calculation. The Board shall apply the base amount of each penalty for each day of the violation as identified through the Board's investigation of a complaint. Additionally, the Board shall apply the considerations required by Texas Occupations Code §264.002(b)(1) - (5), and the following additional factors to calculate a final administrative penalty.(1) Previous Disciplinary Action. If a licensee has received prior disciplinary action for the same conduct representing grounds for the administrative penalty, the Board shall apply five hundred dollars for each previous disciplinary action related to the same conduct, up to the maximum penalty amount.(2) Exceptional Disregard for Patient Safety. If the Board determines that the conduct representing grounds for the administrative penalty shows exceptional disregard for patient safety by the licensee, the Board shall apply one thousand dollars to each violation which shows such disregard, up to the maximum penalty amount.(3) Offsetting Restitution to Patient. The Board may reduce the administrative penalty amount assessed upon a showing that the licensee has paid, or by agreed settlement will pay, an amount of restitution to the patient. The Board shall not require payment of other damages or make an estimation of harm in calculation of restitution.", "sourceNote": "Source Note: The provisions of this §107.202 adopted to be effective July 11, 2016, 41 TexReg 5052; amended to be effective January 3, 2019, 43 TexReg 8593." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148164", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "C", "label": "DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§107.203", "label": "Aggravating and Mitigating Factors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208292", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Aggravating Factors. In any disciplinary action, the following may be considered as aggravating factors that warrant more severe or restrictive action by the Board. A Board Order may include a finding of fact on each applicable aggravating factor. Aggravating factors may include:(1) harm to one or more patients;(2) the severity of patient harm;(3) one or more violations that involve more than one patient;(4) economic harm to any individual or entity and the severity of such harm;(5) increased potential for harm to the public;(6) attempted concealment of the act constituting a violation;(7) intentional, premeditated, knowing, or grossly negligent act constituting a violation;(8) prior similar violations;(9) previous disciplinary action by the Board, any government agency, peer review organization, or health care entity;(10) violation of a Board Order; or(11) other relevant circumstances increasing the seriousness of the misconduct.(b) Mitigating Factors. In any disciplinary action, the following may be considered as mitigating factors that warrant less severe or restrictive action by the Board. The licensee shall have the burden to present evidence regarding any mitigating factors that may apply in the particular case. A Board Order may include a finding of fact on each applicable mitigating factor:(1) self-reported and voluntary admissions of violation(s);(2) implementation of remedial measures to correct or mitigate harm from the violation(s);(3) acknowledgment of wrongdoing and willingness to cooperate with the Board, as evidenced by acceptance of an Agreed Order;(4) rehabilitative potential;(5) prior community service and present value to the community;(6) other relevant circumstances reducing the seriousness of the misconduct; or(7) other relevant circumstances lessening responsibility for the misconduct.", "sourceNote": "Source Note: The provisions of this §107.203 adopted to be effective September 14, 2010, 35 TexReg 8343." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208292&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208292", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "C", "label": "DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§107.204", "label": "Remedial Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may issue and establish the terms of a non-disciplinary remedial plan to resolve the investigation of a complaint.(b) A remedial plan may not contain a provision that:(1) revokes, suspends, limits, or restricts a person's license or other authorization to practice dentistry or dental hygiene; or(2) assesses an administrative penalty against a person.(c) A remedial plan may not be imposed to resolve a complaint:(1) concerning:(A) a patient death;(B) the commission of a felony; or(C) a matter in which the license holder engaged in inappropriate sexual behavior or contact with a patient or became financially or personally involved with a patient in an inappropriate manner; or(2) in which the appropriate resolution may involve a restriction on the manner in which a license holder practices dentistry or dental hygiene.(d) The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding five years.(e) The board may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.(f) A remedial plan is public information.(g) For all remedial plans issued on or after September 1, 2021, on or after the fifth anniversary of the date a remedial plan is issued under this section, the board may remove from the board's public Internet website any public information regarding the dentist or dental hygienist with respect to the plan and the complaint resolved by the plan, unless:(1) the complaint was related to the delivery of health care; or(2) more than one remedial plan has been issued to resolve complaints alleging the same violation by the dentist or dental hygienist, including a complaint not related to the delivery of health care.(h) To request the removal of a remedial plan under subsection (g) of this section, a dentist or dental hygienist must submit a request in writing to the General Counsel of the board. The request must include:(1) the specific case number of which removal is requested; and(2) proof that the dentist or dental hygienist complied with and successfully completed the terms of the remedial plan of which removal is requested.", "sourceNote": "Source Note: The provisions of this §107.204 adopted to be effective December 10, 2013, 38 TexReg 8832; amended to be effective March 10, 2022, 47 TexReg 1275." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178945", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "C", "label": "DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§107.205", "label": "Registration of Non-Profit Corporations Authorized To Hire Dentists" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194459", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The State Board of Dental Examiners will approve and certify any health organization or other organization qualified to contract with or employ dentists upon submission of an application meeting the following requirements:(1) A written request to the Board by the organization's chief executive officer will suffice as the application;(2) The following documentation shall be submitted:(A) a copy of the certificate of incorporation under the Texas Non-Profit Corporation Act;(B) written proof of a determination by the Internal Revenue Service that the organization is tax exempt under the Internal Revenue Code pursuant to §501(c)(3); and(C) either written proof that the organization is:(i) organized and operated as a migrant, community or homeless health center under the authority of and in compliance with 42 United States Code §254(b) or (c), or §256, or a federally qualified health center under 42 United States Code §1396d(1)(2)(B); or(ii) written proof that the organization provides services at no fee or a reduced fee to underserved populations; or(iii) written proof that the organization will hire dentists to staff a clinic that provides services primarily to persons having AIDS or the human immunodeficiency virus.(b) For purposes of this rule, the terms \"reduced fee\" and \"underserved populations\" have the following meanings:(1) Reduced fee--A fee that is less than that charged by other dental service providers in the area for the same service; or fees that are equal to or less than those provided by Medicaid for a service.(2) Underserved populations--Individuals whose income, or individuals from families earning income that is below the federal poverty guidelines as established by the federal government.(c) The Board may refuse to approve and certify or may revoke an approval or certification if in the Board's determination a health organization is established, organized, or operated in contravention of or with the intent to circumvent any of the provisions of the Dental Practice Act.(d) A certified non-profit health organization shall notify the Board within thirty (30) calendar days of the discontinuation of business in the manner described in subsection (a)(2)(C) of this section.", "sourceNote": "Source Note: The provisions of this §107.205 adopted to be effective July 11, 2016, 41 TexReg 5052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194459", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "C", "label": "DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§107.206", "label": "Public Actions of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220410", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to outline the Board's disciplinary and non-disciplinary actions issued under Chapter 263 of the Texas Occupations Code.(b) Definitions. In this rule section, the following terms shall apply:(1) \"Administrative Fine\" is a monetary fine assessed pursuant to Texas Occupations Code §263.002(a) in connection with the issuance of a disciplinary action by the Board that is not an administrative penalty. Administrative fines shall not be assessed when issuing a Remedial Plan. The Board shall not assess an administrative fine without the issuance of a Warning, Reprimand, Probated Suspension, or Enforced Suspension.(2) \"Administrative Penalty\" is a monetary penalty assessed as a disciplinary action pursuant to Texas Occupations Code §263.002(a). An administrative penalty is a public disciplinary action of the Board. An administrative penalty shall not be issued in conjunction with the issuance of a Warning, Reprimand, Probated Suspension, Enforced Suspension, or Remedial Plan. An administrative penalty that is issued subject to an agreement between the parties during informal settlement shall be referred to as an \"agreed administrative penalty.\"(3) \"License\" means a license, certificate, or registration that is issued by the Board.(4) \"Licensee\" means a person who holds a license, certificate, or registration that is issued by the Board.(c) Public Actions. The Board shall utilize the public actions identified in this subsection to resolve the investigation of a complaint against a Licensee. The public actions of the Board listed in subsection (c)(1) through (c)(7) of this section are listed in order of increasing severity. These public actions shall be imposed by agreed settlement or final order of the Board against the License held by the Licensee. Nothing in this rule section shall be construed to prohibit or restrict the Board from dismissing a complaint or imposing an injunction or cease and desist order under Chapter 264, Subchapter B, of the Texas Occupations Code, where appropriate.(1) Remedial Plan. The Board may issue a non-disciplinary Remedial Plan pursuant to Texas Occupations Code §263.0077 and Board rule in §107.204 of this title (relating to Remedial Plans).(2) Administrative Penalty. The Board may issue an Administrative Penalty pursuant to the procedures of Chapter 264, Subchapter A of the Texas Occupations Code, and Board rule in §107.201 of this title (relating to Procedures for Assessment of Administrative Penalties in Informal Complaint Resolution). An administrative penalty is a disciplinary action.(3) Warning. A Warning is a disciplinary action and may be accompanied by the imposition of an Administrative Fine.(4) Reprimand. A Reprimand is a disciplinary action and may be accompanied by the imposition of an Administrative Fine.(5) Probated Suspension. A Probated Suspension is a heightened level of disciplinary action issued for a period of years as identified in the Board's order; however, a Licensee under a Probated Suspension may continue to practice. A Probated Suspension may be accompanied by the imposition of an Administrative Fine.(6) Enforced Suspension. An Enforced Suspension is a heightened level of disciplinary action. An Enforced Suspension may be issued for a period of days or years as identified in the Board's order. A Licensee may not practice while under an Enforced Suspension. An Enforced Suspension may be accompanied by the imposition of an Administrative Fine.(7) Revocation. Revocation is the highest level of disciplinary action taken by the Board. After the Board imposes an order of Revocation upon a Licensee, the Licensee must cease the practice authorized under the License that has been revoked. A person whose License has been revoked by Board order must apply for the issuance of a new License pursuant to Board requirements.(d) Imposition of Conditions and Restrictions on Practice. The Board may impose other conditions or restrictions on the practice of a Licensee through an agreed order between the Board and the Licensee resulting in a disciplinary action, or through a final order of disciplinary action issued by the Board after a contested case hearing at the State Office of Administrative Hearings. These conditions may include, but are not limited to, surrender, suspension, or revocation of a Licensee's sedation/anesthesia permits or other authorizations issued by the Board.(e) Restitution. The Board may order a Licensee to pay restitution to a patient as provided in an agreed settlement or final order of the Board, instead of or in addition to any administrative fine or administrative penalty. The Board may reduce the amount assessed as an administrative fine or administrative penalty upon a showing that the Licensee has paid, or by agreed settlement will pay, an amount of restitution to the patient. The amount of restitution ordered may not exceed the amount the patient paid to the Licensee for the service or services from which the complaint arose. The Board shall not require payment of other damages or make an estimation of harm in any order for restitution.", "sourceNote": "Source Note: The provisions of this §107.206 adopted to be effective March 20, 2019, 44 TexReg 1439." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220410", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "D", "label": "COMPLIANCE PROGRAM" }, "rule": { "number": "§107.300", "label": "Responsibilities of Compliance Division" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225038", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Director of Compliance shall ensure that a compliance monitoring program is established and maintained for those licensee/registrants who have received a disciplinary action or remedial plan.(b) The monitoring program shall be maintained by board staff serving as compliance officers.(c) Monitoring disciplinary action and remedial plans.(1) The compliance officer shall provide the licensee/registrant with initial notification of the requirements imposed by the disciplinary action or remedial plan. The initial notification shall include a copy of the disciplinary action or remedial plan and a copy of the compliance program rules and procedures.(2) The compliance officer shall make good faith efforts to assist the licensee/registrants in attaining and maintaining compliance with the disciplinary action or remedial plan.(3) The compliance officer shall refer non-compliance with disciplinary action or remedial plans to the Director of Compliance to determine whether to initiate an investigation into non-compliance with the disciplinary action or remedial plan.(d) Applications for modification of a disciplinary action shall be made in accordance with §107.66 of this title (relating to Application for Modification of Board Order).", "sourceNote": "Source Note: The provisions of this §107.300 adopted to be effective July 11, 2016, 41 TexReg 5053; amended to be effective August 29, 2024, 49 TexReg 6457." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225038", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "107", "label": "DENTAL BOARD PROCEDURES" }, "subchapter": { "number": "E", "label": "DATA REPORTING" }, "rule": { "number": "§107.400", "label": "Collection and Reporting of Enforcement and Licensing Data" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85140", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All information related to an investigation is confidential, except that the agency shall provide information on a yearly basis to the Board and the Anesthesia Committee of the Board, and to legislative offices upon request. This information shall consist of de-identified, case specific data reflecting information about jurisdictional, filed complaints involving sedation/anesthesia that were resolved during the reporting period, including, at a minimum, the following data points:(1) Source of initial complaint -- public, other agency, self-report of death, self-report of hospitalization, or initiated by the Board.(2) Information about licensee:(A) Whether respondent is Medicaid provider;(B) Respondent's highest sedation/anesthesia permit level;(C) Whether respondent holds portability privileges; and(D) Respondent's self-reported practice area.(3) Information about patient:(A) Patient ASA, as identified in respondent's dental records and/or determined by Dental Review Panel;(B) Patient age -- 13 and under, between 13 and 18, between 19 and 75, and over 75;(C) Location of the treatment investigated by the agency -- dental office, hospital, ASC, office of other practitioner;(D) Level of sedation/anesthesia administered -- Local, Nitrous, I, II, III, IV (determined by Dental Review Panel);(E) Sedation/anesthesia administrator -- respondent, other dentist, MD, CRNA (determined by Dental Review Panel); and(F) Whether treatment investigated by the agency was paid by Medicaid.(4) Information about investigation:(A) Allegation categories identified in preliminary investigation;(B) Disposition of official investigation -- Dismissed by Enforcement, Dismissed by Legal -- No Violation, Dismissed by Board Vote, Closed by Administrative Penalty/Remedial Plan/Disciplinary Action; and(C) If disposition is public action (Administrative Penalty, Remedial Plan, or Disciplinary Action), the violations identified in the public action resolving the official investigation.(b) In addition, the agency shall publish on its website aggregate data related to the preceding fiscal year for each type of license it issues. This aggregate data shall include, at a minimum, the following data points related to the preceding fiscal year:(1) Number of licensees at the end of the fiscal year;(2) Average number of days to issue a license;(3) Total number of complaints against licensees received by the agency;(4) Total number of jurisdictional complaints against licensees filed by the agency;(5) The resolution of all cases resolved in the fiscal year:(A) Nonjurisdictional;(B) Jurisdictional, Not Filed;(C) Dismissed by Agency;(D) Dismissed by Board Vote;(E) Closed by Administrative Penalty;(F) Closed by Remedial Plan;(G) Warning;(H) Reprimand;(I) Probation;(J) Suspension; and(K) Revocation.(6) For all jurisdictional, filed complaints resolved in the fiscal year, the allegation category of the complaints, as defined in §107.104;(7) Number of cases that at the end of the fiscal year, have been filed with the agency for longer than one year;(8) Average administrative penalty issued in the fiscal year;(9) Average administrative fine assessed through disciplinary actions taken in the fiscal year;(10) Number of cases heard at Informal Settlement Conferences in the fiscal year;(11) Number of cases resolved following Informal Settlement Conference, without referral to SOAH, in the fiscal year;(12) Number of cases referred to SOAH in the fiscal year;(13) Number of cases referred to SOAH and resolved following mediation, in the fiscal year;(14) Number of cases returned to the Board for disposition on a default basis following referral to SOAH;(15) Number of cases returned to the Board for consideration of a Proposal for Decision following a contested case hearing at SOAH;(16) Number of cases resolved in the fiscal year that were appealed to District Court;(17) Average number of days to investigate a complaint from complaint received to investigation completed, for all complaints received; and(18) Average number of days to resolve a complaint from complaint received to final order issued, for all complaints received.(c) In addition, the agency shall publish on its website aggregate data related to the preceding fiscal year that addresses adverse outcomes and complaints involving anesthesia. This aggregate data shall include, at a minimum, the following data points related to the preceding fiscal year:(1) Number of jurisdictional, filed complaints involving mortality and morbidity. Morbidity is defined as life-threatening complications following a dental procedure or treatment;(2) Total number of jurisdictional complaints against dentists related to the standard of care in anesthesia, by level of sedation/anesthesia permit held by the dentist, that were filed by the Board in the preceding fiscal year; and(3) For all anesthesia-related jurisdictional, filed complaints identified in (2) above, the level of sedation/anesthesia permit held by the dentist, the anesthesia-related complication identified in the Board's investigation (if any), and the resolution of each complaint:(A) Nonjurisdictional;(B) Jurisdictional, Not Filed;(C) Dismissed by Agency;(D) Dismissed by Board Vote;(E) Closed by Administrative Penalty;(F) Closed by Remedial Plan;(G) Warning;(H) Reprimand;(I) Probation;(J) Suspension; or(K) Revocation.", "sourceNote": "Source Note: The provisions of this §107.400 adopted\r\nto be effective March 20, 2017, 42 TexReg 1253; amended to be effective\r\nMay 22, 2025, 50 TexReg 2967." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85140", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.1", "label": "Professional Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85141", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensed dentist shall conduct his practice on the highest plane of honesty, integrity, and fair dealing. In order to safeguard the dental health and welfare of the public and the dentist-patient relationship and fix professional responsibility for dental services, no dentist or any other licensee or certificate holder of the Board shall:(1) circumvent or attempt to circumvent any provision of the Texas Dental Practice Act or any rule, regulation, or order of the Board;(2) participate, directly or indirectly in any plan, scheme, or arrangement attempting or having as its purpose or result the evasion of any provision of the Texas Dental Practice Act or any rule, regulation, or order of the Board;(3) fail to exercise reasonable diligence to prevent partners, associates, and employees from engaging in conduct which would violate any provisions of the Texas Dental Practice Act or any rule, regulation, or order of the Board;(4) permit or allow himself, his practice of dentistry, his professional identification, or his services to be used or made use of, directly or indirectly, or in any manner whatsoever, so as to create or tend to create the opportunity for the unauthorized or unlawful practice of dentistry by any person, firm, or corporation or for the practice of dentistry in violation of any provision of the Texas Dental Practice Act or any rule, regulation, or order of the Board;(5) associate with or permit or allow the use of a dentist's name, professional identification, office, or practice in any business, commercial, or mercantile venture, project, or enterprise which the dentist or licensee knows or by the exercise of reasonable diligence should have known is engaged in acts, practices, or omissions which violate any provision of the Texas Dental Practice Act or any rule, regulation, or order of the Board;(6) divide, share, split, or allocate, either directly or indirectly, any fee for dental services, appliances, or materials with another dentist or with a physician, except upon a division of services or responsibility and with the prior knowledge and approval of the patient; provided, however, this section shall not be construed to prohibit partnerships for the practice of dentistry.(7) provide prescriptions for any medications to patients of other dentists, who are part of an after hours call agreement with the license holder, without first taking steps to determine that the individual is in fact a patient of the other dentist. Such steps shall include determination of patient's basic medical history, including name, when last seen by patient's doctor, service performed and prescriptions written, if any.", "sourceNote": "Source Note: The provisions of this §108.1 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85141", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.2", "label": "Fair Dealing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85139", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The dentist has special knowledge which a dental patient does not have; therefore, to avoid misunderstanding, the dentist shall advise a patient, before beginning treatment, of the proposed treatment, and any reasonable alternatives, in a manner that allows the patient to become involved in treatment decisions.(b) Such advice shall include, at a minimum:(1) the nature and extent of the treatment needed by such patient;(2) the approximate time required to perform the recommended dental treatment and services;(3) the terms and conditions of the payment of his fee; and(4) any further or additional service or returns by the patient or adjustments, repair, or consultation and the time within which this shall occur.(c) On the written request of a patient, the licensed dentist shall provide, in plain language, a written explanation of the charges for professional services previously made on a bill or statement for the patient. For this rule, the term \"plain language\" means language that avoids terms of art or usage of words having specialized meaning in a context typically understood only by health care professionals.(d) Neither the dentist nor his employee(s) shall mislead dental patients as to the gravity or lack thereof of such patient's dental needs.(e) A dentist shall not flagrantly or persistently overcharge, overdiagnose, or overtreat a patient. For this rule the meaning of the term \"overcharge\" includes, but is not limited to, collecting or attempting to collect a fee without reasonable justification for any element of dental services provided to a patient that is in excess of the fee the dentist ordinarily charges to others for the same service.(f) A dentist may not employ an auxiliary to perform any dental procedure which he cannot personally perform.", "sourceNote": "Source Note: The provisions of this §108.2 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85139&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85139", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.3", "label": "Consumer Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170755", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Texas dentist practicing dentistry in Texas shall notify dental patients that complaints concerning dental services can be directed to the Board by providing the name, mailing address, and telephone numbers of the Board. Such notification must be accomplished by one or more of the following three methods:(1) On a sign prominently displayed in the place of business of an individual or entity regulated under the Dental Practice Act; or,(2) On each registration form, application, brochure, or written contract for services of an individual or entity regulated under the Dental Practice Act; or,(3) in a bill of service provided by an individual or entity regulated under the Dental Practice Act.(b) Signs, if utilized for such notification, may be obtained from the Board office at cost. Signs shall be exhibited in the dental office in plain view of patients.(c) Unless the sign provided by the Board is utilized, the following requirements shall be met in order to comply with this rule:(1) Lettering size shall be a minimum of 10-point;(2) Lettering shall be in black, or blue-black ink;(3) All lettering shall be legible;(4) Signs not obtained from the Board shall be a minimum of 5 x 7 inches in size.", "sourceNote": "Source Note: The provisions of this §108.3 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170755", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.4", "label": "Names of Dentists" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "93557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each dental office shall post at or near the entrance of the office the name of, each degree received by, and each school attended by each dentist practicing in the office.(b) A dentist shall practice only under his or her own name, a company name or a trade name as set forth in Section 259.003 of the Occupations Code. If a dentist uses a trade name, or a company name, in his or her practice then each patient shall be given the name of the treating dentist in writing, either prior to or after each office visit.(c) Only the names of the dentists who are actually engaged in the practice of their profession at a particular location may be used.(d) The name of a deceased or retired dentist shall not be used at such location more than one (1) year after the death or retirement of the dentist. The name of a dentist leaving a location for any other reason or transferring his or her practice shall not be used at such location or practice for more than forty (40) days following departure from the location. However, if the transferring dentist remains actively engaged in the practice of dentistry in the transferred practice, the acquiring dentist may continue using the name of the transferring dentist.(e) If the names of auxiliary personnel, such as dental hygienists, dental assistants, etc., are displayed in any manner, the auxiliary personnel must be clearly identified by title, along with the name of the supervising dentist.", "sourceNote": "Source Note: The provisions of this §108.4 adopted to be effective February 20, 2001, 26 TexReg 1494; amended to be effective December 28, 2014, 39 TexReg 10015." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "93557", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.5", "label": "Patient Abandonment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119076", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist, without reasonable cause, shall not abandon a dental patient. Once a dentist has undertaken a course of treatment, the dentist, absent reasonable cause, shall not discontinue that treatment without giving the patient adequate notice and the opportunity to obtain the services of another dentist. A dentist shall exercise the level of care necessary to prevent jeopardizing the patient's oral health during this process.(b) Under this section, a dentist shall give a minimum of 30 days written notice of his/her intent to discontinue undertaken treatment. Notice shall be either hand-delivered to the patient or sent via certified mail, return receipt requested to the patient's last known address, with the dentist retaining a copy of the notice letter in the patient's file along with proof of service. Adequate notice shall include the following:(1) a short description of the patient's current status, including the patient's current diagnosis and a summary of the patient's current treatment plan;(2) a short description of the patient's present and future needs;(3) an explanation regarding the consequences of non-treatment;(4) a recommendation that the patient continue care with another dentist; and(5) a clear statement emphasizing that the dentist is available to provide any emergency treatment necessary to prevent patient harm during the 30-day period.(c) A dentist shall remain reasonably available to render any emergency treatment necessary under (b)(5) of this section for up to 30 days from the date of such notice.", "sourceNote": "Source Note: The provisions of this §108.5 adopted to be effective February 20, 2001, 26 TexReg 1494; amended to be effective April 14, 2002, 27 TexReg 2826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119076&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119076", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.6", "label": "Report of Patient Death or Injury Requiring Hospitalization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209107", "queryAsDate": "03/11/2026" }, "ruleBody": "A dentist must submit a written report to the SBDE as provided below:(1) The death of a dental patient which may have occurred as a consequence of the receipt of dental services from the reporting dentist must be reported within 72 hours of the death, or such time as the dentist becomes aware or reasonably should have become aware of the death;(2) The hospitalization of a dental patient, as a possible consequence of receiving dental services from the reporting dentist, must be reported within 30 days of the hospitalization or such time as the dentist becomes aware of or reasonably should have become aware of the hospitalization. For purposes of this section, \"hospitalization\" shall be defined as an examination at a hospital or emergency medical facility that results in an in-patient admission for the purpose(s) of treatment and/or monitoring.(3) In the evaluation of sedation/anesthesia morbidity or mortality, the SBDE shall consider the standard of care necessary to be that applicable to the patient's state of consciousness during the procedure.", "sourceNote": "Source Note: The provisions of this §108.6 adopted to be effective February 20, 2001, 26 TexReg 1494; amended to be effective July 10, 2001, 26 TexReg 5001; amended to be effective September 16, 2001, 26 TexReg 6888; amended to be effective February 20, 2005, 30 TexReg 716." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209107", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.7", "label": "Minimum Standard of Care, General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225039", "queryAsDate": "03/11/2026" }, "ruleBody": "Each dentist shall:(1) conduct his/her practice in a manner consistent with that of a reasonable and prudent dentist under the same or similar circumstances;(2) maintain patient records that meet the requirements set forth in §108.8 of this title (relating to Records of the Dentist);(3) obtain, maintain, and review an initial medical history. The medical history shall include, but shall not necessarily be limited to, known allergies to drugs, serious illness, current medications, previous hospitalizations and significant surgery, and a review of the physiologic systems obtained by patient history. A \"check list,\" for consistency, may be utilized in obtaining information. The dentist shall review the medical history with the patient at any time a reasonable and prudent dentist would do so under the same or similar circumstances. At a minimum, a medical history should be reviewed and updated annually;(4) perform and review a limited physical examination when a reasonable and prudent dentist would do so under the same or similar circumstances. At a minimum, a limited physical examination should be performed and reviewed annually;(5) for office emergencies:(A) maintain a positive pressure breathing apparatus including oxygen which shall be in working order;(B) maintain other emergency equipment and/or currently dated drugs as a reasonable and prudent dentist with the same or similar training and experience under the same or similar circumstances would maintain;(C) provide training to dental office personnel in emergency procedures which shall include, but not necessarily be limited to, basic cardiac life support, inspection and utilization of emergency equipment in the dental office, and office procedures to be followed in the event of an emergency as determined by a reasonable and prudent dentist under the same or similar circumstances; and(D) shall adhere to generally accepted protocols and/or standards of care for management of complications and emergencies;(6) successfully complete a current course in basic cardiopulmonary resuscitation given or approved by either the American Heart Association or the American Red Cross;(7) maintain a written informed consent signed by the patient, or a parent or legal guardian of the patient, if the patient is a minor, or the patient has been adjudicated incompetent to manage the patient's personal affairs. A signed, written informed consent is required for all treatment plans and procedures where a reasonable possibility of complications from the treatment planned or a procedure exists, or the treatment plans and procedures involve risks or hazards that could influence a reasonable person in making a decision to give or withhold consent. Such consents must disclose any and all complications, risks and hazards;(8) safeguard patients against avoidable infections as required by this chapter;(9) not be negligent in the provision of dental services;(10) use proper diligence in the dentist's practice;(11) maintain a centralized inventory of drugs;(12) report patient death or hospitalization as required by this chapter;(13) abide by sanitation requirements as required by this chapter;(14) abide by patient abandonment requirements as required by this chapter;(15) abide by requirements concerning notification of discontinuance of practice as required by this chapter; and(16) hold a Level 1 permit (Minimal Sedation permit) issued by the Board before prescribing and/or administering Halcion (triazolam), and should administer Halcion (triazolam) in an in-office setting.", "sourceNote": "Source Note: The provisions of this §108.7 adopted to be effective February 20, 2001, 26 TexReg 1494; amended to be effective December 30, 2001, 26 TexReg 10569; amended to be effective May 10, 2004, 29 TexReg 4474; amended to be effective September 14, 2010, 35 TexReg 8344; amended to be effective September 3, 2014, 39 TexReg 6855; amended to be effective April 1, 2021, 46 TxReg 2012; amended to be effective September 30, 2021, 46 TexReg 6404; amended to be effective June 2, 2022, 47 TexReg 3132." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225039", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.8", "label": "Records of the Dentist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171964", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The term dental records includes, but is not limited to: identification of the practitioner providing treatment; medical and dental history; limited physical examination; oral pathology examination; radiographs; dental and periodontal charting; diagnoses made; treatment plans; informed consent statements or confirmations; study models, casts, molds, and impressions, if applicable; cephalometric diagrams; narcotic drugs, dangerous drugs, controlled substances dispensed, administered or prescribed; anesthesia records; pathology and medical laboratory reports; progress and completion notes; materials used; dental laboratory prescriptions; billing and payment records; appointment records; consultations and recommended referrals; and post treatment recommendations.(b) A Texas dental licensee practicing dentistry in Texas shall make, maintain, and keep adequate dental records for and upon each dental patient for reference, identification, and protection of the patient and the dentist. Records shall be kept for a period of not less than five years from the last date of treatment by the dentist. If a patient was younger than 18 years of age when last treated by the dentist, the records shall be maintained by the dentist until the patient reaches age 21 or for five years from the date of last treatment, whichever is longer. Dentists shall retain records for a longer period of time when mandated by other federal or state statute or regulation. Records must include documentation of the following:(1) Patients name;(2) Date of visit;(3) Reason for visit;(4) Vital signs, including, but not limited to, blood pressure and heart rate when applicable in accordance with §108.7 of this title (relating to Minimum Standard of Care, General); and(5) If not recorded, an explanation why vital signs were not obtained.(c) Further, records must include documentation of the following when services are rendered:(1) Written review of medical history and limited physical evaluation;(2) Findings and charting of clinical and radiographic oral examination:(A) Documentation of radiographs taken and findings deduced from them, including radiograph films or digital reproductions.(B) Use of radiographs must be in accordance with the minimum standard of care.(C) Documentation of the findings of a tactile and visual examination of the soft and hard tissues of the oral cavity;(3) Diagnosis(es);(4) Treatment plan, recommendation, and options;(5) Treatment provided;(6) Medication and dosages given to patient;(7) Complications;(8) Written informed consent that meets the provisions of §108.7(7) of this title;(9) The dispensing, administering, or prescribing of all medications to or for a dental patient shall be made a part of such patient's dental record. The entry in the patient's dental record shall be in addition to any record keeping requirements of the DPS or DEA prescription programs;(10) All records pertaining to Controlled Substances and Dangerous Drugs shall be maintained in accordance with the Texas Controlled Substances Act;(11) Confirmable identification of provider dentist, and confirmable identification of person making record entries if different from provider dentist;(12) When any of the items in paragraphs (1) - (11) of this subsection are not indicated, the record must include an explanation why the item is not recorded.(d) Dental records are the sole property of the dentist who performs the dental service. However, ownership of original dental records may be transferred as provided in this section. Copies of dental records shall be made available to a dental patient in accordance with this section.(e) A dentist who leaves a location or practice, whether by retirement, sale, transfer, termination of employment or otherwise, shall maintain all dental records belonging to him or her, make a written transfer of records to the succeeding dentist, or make a written agreement for the maintenance of records.(1) A dentist who continues to maintain the dental records belonging to him or her shall maintain the dental records in accordance with the laws of the State of Texas and this chapter.(2) A dentist who enters into a written transfer of records agreement shall notify the State Board of Dental Examiners in writing within fifteen (15) days of a records transfer agreement. The notification shall include, at a minimum, the full names of the dentists involved in the agreement, include the locations involved in the agreement, and specifically identify what records are involved in the agreement. The agreement shall transfer ownership of the records. A transfer of records agreement may be made by agreement at any time in an employment or other working relationship between a dentist and another entity. Such transfer of records may apply to all or any part of the dental records generated in the course of the relationship, including future dental records. A dentist who assumes ownership of the records pursuant to this paragraph shall maintain the records in a manner consistent with this section and is responsible for complying with subsections (f) and (g) of this section.(3) A dentist who enters into a records maintenance agreement shall notify the State Board of Dental Examiners within fifteen (15) days of such event. The notification shall include the full names of the dentists involved in the agreement, the locations involved in the agreement, and shall identify what records are involved in the agreement. A maintenance agreement shall not transfer ownership of the dental records, but shall require that the dental records be maintained in accordance with the laws of the State of Texas and the Rules of the State Board of Dental Examiners. The agreement shall require that the dentist(s) performing the dental service(s) recorded in the records have access to and control of the records for purposes of copying and recording. The dentist transferring the records in a records maintenance agreement shall maintain a copy of the records involved in the records maintenance agreement. Such an agreement may be made by written agreement by the parties at any time in an employment or other working relationship between a dentist and another entity. A records maintenance agreement may apply to all or any part of the dental records generated in the course of the relationship, including future dental records.(f) Dental records shall be made available for inspection and reproduction on demand by the officers, agents, or employees of the State Board of Dental Examiners. The patient's privilege against disclosure does not apply to the Board in a disciplinary investigation or proceeding under the Dental Practice Act. Copies of dental records submitted to the Board on demand of the officers, agents, or employees of the Board shall be legible and all copies of dental x-rays shall be of diagnostic quality. Non-diagnostic quality copies of dental x-rays and illegible copies of patient records submitted to the Board shall not fulfill the requirements of this section.(g) A dentist shall furnish copies of dental records to a patient who requests his or her dental records. At the patient's option, the copies may be submitted to the patient directly or to another Texas dental licensee who will provide treatment to the patient. Requested copies, including radiographs, shall be furnished within 30 days of the date of the request. The copies may be withheld until copying costs have been paid. Records shall not be withheld based on a past due account for dental care or treatment previously rendered to the patient. Copies of dental records submitted in accordance with a request under this section shall be legible and all copies of dental x-rays shall be of diagnostic quality. Non-diagnostic quality copies of dental x-rays shall not fulfill the requirements of this section.(1) A dentist providing copies of patient dental records is entitled to a reasonable fee for copying which shall be no more than $25 for the first 20 pages and $0.15 per page for every copy thereafter.(2) Fees for radiographs, which if copied by an radiograph duplicating service, may be equal to actual cost verified by invoice.(3) Reasonable costs for radiographs duplicated by means other than by a radiograph duplicating service shall not exceed the following charges:(A) a full mouth radiograph series: $15.00;(B) a panoramic radiograph: $15.00;(C) a lateral cephalometric radiograph: $15.00;(D) a single extra-oral radiograph: $5.00;(E) a single intra-oral radiograph: $5.00; and(F) a CBCT scan: $30.00.(4) State agencies and institutions will provide copies of dental health records to patients who request them following applicable agency rules and directives.", "sourceNote": "Source Note: The provisions of this §108.8 adopted\r\nto be effective February 20, 2001, 26 TexReg 1494; amended to be effective\r\nDecember 30, 2001, 26 TexReg 10570; amended to be effective February\r\n2, 2010, 35 TexReg 634; amended to be effective September 14, 2010,\r\n35 TexReg 8344; amended to be effective June 10, 2012, 37 TexReg 4043;\r\namended to be effective May 29, 2013, 38 TexReg 3346; amended to be\r\neffective June 11, 2014, 39 TexReg 4428; amended to be effective September\r\n3, 2014, 39 TexReg 6855; amended to b effective April 1, 2021, 46\r\nTexReg 2013; amended to be effective May 22, 2025, 50 TexReg 2967." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171964", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.9", "label": "Dishonorable Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144127", "queryAsDate": "03/11/2026" }, "ruleBody": "The dishonorable conduct section is intended to protect the public from dangerous, unethical, and illegal conduct of licensees. The purpose of this section is to identify unprofessional or dishonorable behaviors of a licensee which the Board believes are likely to pose a threat to the public. Actual injury to a patient need not be established for a licensee to be in violation of this section. Behavior constituting dishonorable conduct includes, but is not limited to:(1) Criminal conduct--including but not limited to conviction of a misdemeanor involving fraud or a felony under federal law or the law of any state as outlined in Chapter 101 of this title.(2) Deception or misrepresentation--engages in deception or misrepresentation:(A) in soliciting or obtaining patronage; or(B) in obtaining a fee.(3) Fraud in obtaining a license--obtains a license by fraud or misrepresentation or participates in a conspiracy to procure a license, registration, or certification for an unqualified person.(4) Misconduct involving drugs or alcohol--actions or conduct that include, but are not limited to:(A) providing dental services to a patient while the licensee is impaired through the use of drugs, narcotics, or alcohol;(B) addicted to or habitually intemperate in the use of alcoholic beverages or drugs;(C) improperly obtained, possessed, or used habit-forming drugs or narcotics including self-prescription of drugs;(D) grossly over prescribes, dispenses, or administers narcotic drugs, dangerous drugs, or controlled substances;(E) prescribes, dispenses, or administers narcotic drugs, dangerous drugs, or controlled substances to or for a person who is not his or her dental patient; or(F) prescribes, dispenses, or administers narcotic drugs, dangerous drugs, or controlled substances to a person for a non-dental purpose, whether or not the person is a dental patient.(5) Assisting another in engaging in the unauthorized practice of dentistry or dental hygiene--holds a dental license and employs, permits, or has employed or permitted a person not licensed to practice dentistry to practice dentistry in an office of the dentist that is under the dentist's control or management.(6) Failure to comply with applicable laws, rules, regulations, and orders or remedial plans--violates or refuses to comply with a law relating to the regulation of dentists, dental hygienists, or dental assistants; fails to cooperate with a Board investigation; or fails to comply with the terms of a Board Order or remedial plan.(7) Inability to practice safely--is physically or mentally incapable of practicing in a manner that is safe for the person's dental patients.(8) Discipline of a licensee by another state board--holds a license or certificate to practice dentistry or dental hygiene in another state and the examining board of that state:(A) reprimands the person;(B) suspends or revokes the person's license or certificate or places the person on probation; or(C) imposes another restriction on the person's practice.(9) Failure to comply with Medicaid, insurance, or other regulatory laws--knowingly provides or agrees to provide dental care in a manner that violates a federal or state law that:(A) regulates a plan to provide, arrange for, pay for, or reimburse any part of the cost of dental care services; or(B) regulates the business of insurance.(10) Improper delegation--improperly delegates any task to any individual who is not permitted to perform the task by law, this chapter, or practice restrictions imposed by Board Order.(11) Unprofessional conduct--engages in conduct that has become established through professional experience as likely to disgrace, degrade, or bring discredit upon the licensee or the dental profession.", "sourceNote": "Source Note: The provisions of this §108.9 adopted to be effective February 20, 2001, 26 TexReg 1494; amended to be effective November 27, 2005, 30 TexReg 7743; amended to be effective September 14, 2010, 35 TexReg 8346; amended to be effective March 23, 2015, 40 TexReg 1708." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144127", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.10", "label": "Notification of Change of Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121953", "queryAsDate": "03/11/2026" }, "ruleBody": "Each dentist licensed with the Board shall notify the Board within sixty (60) days of any:(1) change of address of the licensee's place of business;(2) change of the licensee's employer; or(3) change in the licensee's mailing address.", "sourceNote": "Source Note: The provisions of this §108.10 adopted to be effective February 2, 2010, 35 TexReg 634." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121953", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.11", "label": "Display of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179149", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist or dental hygienist shall display a current registration certificate in each office where the dentist or dental hygienist provides dental services.(b) No dentist or dental hygienist shall provide treatment for a patient without placing the current registration certificate on exhibit.(c) When a dentist or dental hygienist provides dental services at more than one location, a duplicate registration certificate may be displayed. The duplicate may be obtained from the State Board of Dental Examiners for a fee set by the Board.(d) A dentist or dental hygienist may practice without displaying the person's current registration certificate as required by this section for not more than 30 days after the person receives written confirmation from the board that the person's original license was issued.", "sourceNote": "Source Note: The provisions of this §108.11 adopted to be effective February 20, 2001, 26 TexReg 1494; amended to be effective November 27, 2005, 30 TexReg 7743." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179149", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.12", "label": "Dental Treatment of Obstructive Sleep Apnea" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist shall not independently diagnose obstructive sleep apnea (OSA). A dentist may fabricate an oral appliance for treatment of OSA only in collaboration with a licensed physician. A dentist shall be responsible for monitoring and maintaining the oral appliance to ensure the patient's dental health, while the physician should be responsible for monitoring the patient's medical condition.(b) A dentist who treats OSA, as described above, shall complete, during the first year of treating OSA, 12 hours of minimum basic education in sleep-disordered breathing from an educational venue (a combination of didactic and clinical education). For each subsequent year that a dentist treats OSA, the dentist shall compete 3 hours of education in sleep-disordered breathing.(c) A dentist treating a patient for OSA shall comply with the Dental Practice Act and Board Rules, including but not limited to provisions related to fair dealing, standard of care, records, and business promotion.(d) A dentist shall maintain records as required by the Dental Practice Act and Board Rules including, but not limited to records related to treatment planning, recommendations and options, informed consent, consultations and recommended referrals, and post treatment recommendations.", "sourceNote": "Source Note: The provisions of this §108.12 adopted to be effective June 11, 2014, 39 TexReg 4428; amended to be effective August 7, 2016, 41 TexReg 5547." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168945", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.13", "label": "Practice of Dentistry on Certain Children" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195551", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The parent or guardian of a child younger than 18 years of age may be present in the treatment room during the child's dental treatment or procedure, unless the dentist determines in the dentist's professional judgment that the presence of the parent or guardian in the treatment room is likely to have an adverse effect on the treatment of the child. The decision to exclude the parent or guardian must be documented in the patient's record.(b) In this section, \"parent or guardian\" includes a person authorized by law to consent for the medical or dental treatment of a child younger than 18 years of age.", "sourceNote": "Source Note: The provisions of this §108.13 adopted to be effective December 10, 2013, 38 TexReg 8833; amended to be effective September 3, 2014, 39 TexReg 6856." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195551", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.14", "label": "Pediatric and Special Needs Case Management; Protective Stabilization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181546", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Parent or Guardian. In this section the term \"parent or guardian\" refers to one of the following:(1) the natural or biological father or mother of a child with full parental legal rights;(2) a custodial parent who in the case of divorce has been awarded legal custody of a child;(3) a person appointed by a court to be the legal guardian of a minor child; or(4) a foster parent - a non-custodial parent caring for a child without parental support or protection who was placed by local welfare services or a court order.(b) Applicability. This section applies to the use of protective stabilization when treating pediatric and special needs patients.(1) For purposes of this section a \"knee-to-knee examination\" during which the dentist and the patient's parent or guardian put knees together to create a \"dental chair\" is not considered protective stabilization. A knee-to-knee exam does not use any apparatus or equipment to restrain the patient and does not involve the use of dental personnel other than the treating dentist.(2) Although a mouth prop may be used as an immobilization device, the use of a mouth prop in a compliant child is not considered protective stabilization for purposes of this section.(c) Purpose. Infants, children, adolescents, and patients with special health care needs may require protective stabilization to prevent injury and protect the health and safety of the patient, practitioner, and staff, and to safely expedite emergency treatment for a pre-cooperative child, uncooperative child, or patient with special health care needs if it is deemed necessary for the long-term health of the patient. The goals of protective stabilization as a part of individualized patient behavior guidance are to establish communication throughout dental care; alleviate fear and anxiety; deliver quality dental care; build a trusting relationship between the patient, parent or guardian and the dental professionals; and promote the patient's positive attitude toward dental care. Protective stabilization is an advanced behavior guidance technique in dentistry that can be used for treatment involving pediatric and special needs patients.(d) Protective Stabilization.(1) Protective stabilization is the physical limitation of a patient's movement by a person, restrictive equipment, materials or devices for a finite period of time. Two types of protective stabilization are:(A) active immobilization, which involves the physical limitation of movement by another person, such as the parent or guardian, dentist, or dental auxiliary; and(B) passive immobilization, which utilizes a restraining device.(2) Protective stabilization shall not be used as a means of discipline, convenience, or retaliation. Protective stabilization shall not be used for \"routine,\" non-emergent treatment needs or in order to accomplish full mouth or multiple quadrant dental rehabilitation. Protective stabilization shall cause no serious consequences, such as physical or psychological harm, loss of dignity, or violation of the patient's rights. It is the responsibility of the treating dentist and the dental team to guard against these aforementioned outcomes.(3) Training Requirements. A dentist utilizing protective stabilization shall have completed advanced training either through:(A) an accredited post-doctoral program or pediatric dentistry residency program that provides clinical and didactic education in advanced behavior management techniques; or(B) an extensive and focused continuing education course of no less than 8 hours in advanced behavior management that includes both didactic and clinical education pertaining to Protective Stabilization.(4) Practitioner Supervision. The dentist shall not delegate the use of protective stabilization to the dental staff, but they may assist the dentist as necessary.(5) Informed Consent.(A) Protective stabilization requires written informed consent from the parent or guardian which should be obtained separately from consent for other procedures to ensure parent awareness of the procedure and utilization of protective stabilization. Written informed consent should be documented in the patient's records.(B) Informed consent shall include an explanation, by the treating dentist, of the benefits and risks of protective stabilization, alternative behavior guidance techniques, and a clear explanation of the anticipated protective stabilization techniques to be used, including the possible use of restraining devices, and a statement that a parent or guardian may revoke informed consent for protective stabilization at any time.(C) If possible, the treating dentist should obtain informed consent for protective stabilization on a day separate from the treatment requiring protective stabilization.(D) If the patient's behavior during treatment requires a change in the protective stabilization, separate informed consent must be obtained and documented.(E) When providing dental care for adolescents or adults with mild intellectual disabilities, patient assent for protective stabilization should also be considered. Informed consent should take into account the patient's feelings towards the use of protective stabilization. A conditional comprehensive explanation of the technique to be used and the reasons for application should be provided.(F) A parent or guardian may revoke informed consent for protective stabilization at any time if they believe the patient may be experiencing physical or psychological trauma due to immobilization.(6) Parental or Guardian Presence. The treating dentist should consider allowing parental or guardian presence in the operatory or direct visual observation of the patient during use of protective stabilization unless the health and safety of the patient, parent, guardian, or dental staff would be at risk. If parents or guardians are denied access, they must be informed of the reason with documentation of the explanation in the patient's chart.(7) Pre-Stabilization Considerations. Prior to utilizing protective stabilization, the dentist shall consider the following:(A) alternative behavior management methods;(B) the dental needs of the patient and the urgency of the treatment;(C) the effect on the quality of dental care during stabilization;(D) the patient's comprehensive, up-to-date medical history;(E) the patient's physical condition, such as neuromuscular or skeletal disorders; and(F) the patient's emotional development.(8) Equipment. The restraining devices used for dental procedures should include the following characteristics:(A) ease of use;(B) appropriately sized for the patient;(C) soft and contoured to minimize potential injury to the patient while maintaining blood flow and respiration;(D) specifically designed for protective stabilization; and(E) ability to be disinfected.(9) Indications. Protective stabilization is indicated when:(A) a patient requires immediate diagnosis and/or urgent limited treatment and cannot cooperate due to emotional and cognitive developmental levels, lack of maturity, or medical and physical conditions;(B) urgent care is needed and uncontrolled movements endanger the patient, staff, or dentist;(C) treatment is initiated without protective stabilization and the patient becomes uncooperative, causing uncontrolled movements that endanger the patient, staff, or dentist, and protective stabilization will enable the dentist to protect the patient's safety and help to expedite completion of treatment;(D) a sedated patient requires limited stabilization to help reduce untoward movements during treatment;(E) an uncooperative patient requires limited treatment and sedation or general anesthesia may not be an option because the patient does not meet sedation criteria, there is a long operating room wait time, financial considerations, and/or parental or guardian preferences after other options have been discussed; or(F) a patient with special health care needs exhibits uncontrolled movements that would be harmful or significantly interfere with the quality of care.(10) Contraindications. Protective stabilization is contraindicated for:(A) cooperative, non-sedated patients;(B) patients who cannot be immobilized safely due to associated medical, psychological, or physical conditions;(C) patients with a history of physical or psychological trauma due to restraint;(D) patients with non-emergent treatment needs in order to accomplish full mouth or multiple quadrant dental rehabilitation; or(E) the dentist's convenience.(11) Documentation. In addition to the record requirements in §108.8 of this title (relating to Records of the Dentist), the patient records shall include:(A) indication for stabilization;(B) type of stabilization;(C) informed consent for protective stabilization;(D) reason for parental exclusion during protective stabilization (when applicable);(E) the duration of application of stabilization;(F) behavior evaluation/rating monitoring during stabilization;(G) any adverse outcomes, such as bruising or skin markings; and(H) management implications and plans for future appointments.(12) Patients with Special Health Care Needs.(A) Children and adolescents with special health care needs will at times require protective stabilization to facilitate completion of necessary dental treatment. Aggressive, uncontrolled, and impulsive behaviors along with involuntary movements may cause harm to both the patient and dental personnel. Use of protective stabilization reduces potential risks and provides safer management of patients with special health care needs. When considering protective stabilization during dental treatment for special health care needs patients, the dentist in collaboration with the parent or guardian must consider the importance of treatment and the safety consideration of the restraint.(B) The dentist should be cautious when utilizing protective stabilization on children and adolescents receiving multiple medications. The propensity of adverse central nervous system or cardiac events occurring may increase when protective stabilization is instituted on patients receiving psychotropic or other medications.(C) The dentist should consider utilizing alternative behavioral approaches to reduce movement and resistance as well as increasing cooperation when proving medically necessary dental care for patients with special health care needs prior to implementing protective stabilization, such as:(i) distraction via counting, positional modeling, and repetitive tasks and visits;(ii) shaping;(iii) modeling;(iv) sensory integration;(v) desensitization;(vi) reinforcement; or(vii) non-pharmacological behavior guidance approaches by skill training in acceptable behaviors in the dental operatory.(e) Deferred Treatment. Treatment deferral or discontinuance shall be considered in cases when treatment is in progress and the patient's behavior becomes hysterical or uncontrollable. In such cases, the dentist shall halt the procedure, discuss the situation with the parent or guardian, and either select another approach for treatment or defer treatment based upon the dental needs of the patient. Upon the decision to defer treatment, the dentist shall immediately complete the necessary steps to bring the procedure to a safe conclusion before ending the appointment. A recall schedule shall be recommended after evaluation of the patient's risk, oral health needs, and behavior abilities.", "sourceNote": "Source Note: The provisions of this §108.14 adopted to be effective June 11, 2014, 39 TexReg 4429; amended to be effective September 3, 2014, 39 TexReg 6856; amended to be effective June 12, 2019, 44 TexReg 2839." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181546", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.15", "label": "Emergency Preparedness" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226822", "queryAsDate": "03/11/2026" }, "ruleBody": "A dentist shall maintain and annually update written policies and procedures for responding to emergency situations.", "sourceNote": "Source Note: The provisions of this §108.15 adopted to be effective December 25, 2016, 41 TexReg 9932." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226822", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "PROFESSIONAL RESPONSIBILITY" }, "rule": { "number": "§108.16", "label": "Teledentistry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85150", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Pursuant to Texas Occupations Code Chapter 111, and Texas Occupations Code §254.001(a), the Board is authorized to adopt rules relating to the practice of dentistry, including teledentistry dental services. This section establishes the standards of practice for teledentistry.(b) Definition. \"Teledentistry dental service\" is defined in Texas Occupations Code §111.001(2-a).(c) Prevention of Fraud and Abuse. Dentists who utilize teledentistry dental services must adopt protocols to prevent fraud and abuse through the use of teledentistry dental services.(d) Complaints to the Board. Dentists who utilize teledentistry dental services must provide notice of how patients may file a complaint with the Board. Content and method of the notice must contain the same information as set out in §108.3(a)(2)-(3) of this title (relating to Consumer Information).(e) Practice of Teledentistry.(1) A dentist, dental hygienist, or dental assistant who delivers teledentistry services to a patient located in Texas must hold an active Texas license or registration issued by the Board.(2) A dental health professional providing a dental health care service or procedure as a teledentistry dental service:(A) is subject to the same standard of care that would apply to the provision of the same dental health care service or procedure in an in-person setting as established in §108.7 of this title (relating to Minimum Standard of Care, General);(B) must establish a practitioner-patient relationship; and(C) must maintain complete and accurate dental records as set out in §108.8 of this title (relating to Records of the Dentist).(3) A dentist may simultaneously delegate to and supervise through a teledentistry dental service not more than five health professionals who are not dentists.(4) Adequate measures must be implemented to ensure that patient communications, recordings and records are protected consistent with federal and state privacy laws.(5) Any individual may provide any photography or digital imaging to a Texas licensed dentist or Texas licensed dental hygienist for the sole and limited purpose of screening, assessment, or examination. (f) Informed Consent. In addition to the informed consent requirements in §108.7 of this title, and §108.8 of this title, informed consent must include the following:(1) the delegating dentist's name, Texas license number, credentials, qualifications, contact information, and practice location involved in the patient's care. Additionally, the name, Texas license number, credentials, and qualifications of all dental hygienists and dental assistants involved in the patient's care. This information must be publicly displayed and provided in writing to the patient; (2) a dentist who delegates a teledentistry dental service must ensure that the informed consent of the patient includes disclosure to the patient that the dentist delegated the service; and(3) a licensee must, to the extent possible:(A) confirm the identity of the patient;(B) verify and authenticate the patient's health history;(C) obtain an informed consent from the patient after disclosures have been made regarding the delivery models and treatment methods and limitations, to include any special informed consents regarding the use of teledentistry dental services. At a minimum, the informed consent must inform the patient and document acknowledgment of the risk and limitations of:(i) the use of electronic and digital communications in the provision of care;(ii) the potential for breach of confidentiality, or inadvertent access, of protected health information using electronic and digital communication in the provision of care;(iii) the potential disruption of electronic and digital communication in the use of teledentistry; and(iv) the types of activities permitted using teledentistry dental services;(D) inform the patient that it is the role of the licensee to determine whether the condition being diagnosed or treated is appropriate for a teledentistry encounter; and(E) state the requirement for explicit patient consent to forward patient identifiable information to a third party.(g) Issuance of Prescriptions.(1) The validity of a prescription issued as a result of a teledentistry dental service is determined by the same standards that would apply to the issuance of the prescription in an in-person setting.(2) This rule does not limit the professional judgment, discretion or decision-making authority of a licensed practitioner. A licensed practitioner is expected to meet the standard of care and demonstrate professional practice standards and judgment, consistent with all applicable statutes and rules when issuing, dispensing, delivering, or administering a prescription medication as a result of a teledentistry dental service.(3) A valid prescription must be:(A) issued for a legitimate dental purpose by a practitioner as part of patient-practitioner relationship as set out in Texas Occupations Code §111.005; and(B) meet all other applicable laws and rules before prescribing, dispensing, delivering or administering a dangerous drug or controlled substance.(4) Any prescription drug orders issued as the result of a teledentistry dental service, are subject to all regulations, limitations, and prohibitions set out in the federal and Texas Controlled Substances Act, Texas Dangerous Drug Act and any other applicable federal and state law.(h) Limitation on Certain Prescriptions.(1) In this subsection, the following definitions apply:(A) \"Controlled substance\", \"opiate\", and \"prescribe\" have the meanings assigned by Texas Health and Safety Code §481.002. (B) \"National holiday\" means a day described by Texas Government Code §662.003(a).(2) When prescribing a controlled substance to a patient as a teledentistry dental service, a dentist must not prescribe more than is necessary to supply a patient for:(A) if the prescription is for an opiate, a two-day period; or(B) if the prescription is for a controlled substance other than an opiate, a five-day period.(3) For each day in a period described by paragraph (2) of this subsection that is a Saturday, Sunday, or national holiday, the period is extended to include the next day that is not a Saturday, Sunday, or national holiday.", "sourceNote": "Source Note: The provisions of this §108.16 adopted\r\nto be effective June 2, 2022, 47 TexReg 3134; amended to be effective\r\nNovember 27, 2025, 50 TexReg 7565." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85150", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SANITATION AND INFECTION CONTROL" }, "rule": { "number": "§108.20", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85151", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of rules contained in this subchapter is to establish proper sterilization, disinfection, and other infection control procedures in the practice of dentistry. Failure of a dental health care worker to practice and maintain these procedures constitutes a significant danger to public health and safety. Any violation of these rules regarding infection control in this subchapter and other applicable statutes, rules, or regulations that may be incorporated by reference herein or that may apply otherwise through federal or state mandate or regulation shall be considered a failure to safeguard the public interest and thus shall constitute, at a minimum, negligence in the performance of dental services and failure to use proper diligence in the conduct of a dental practice, pursuant to Section 263.002, Dental Practice Act.", "sourceNote": "Source Note: The provisions of this §108.20 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85151", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SANITATION AND INFECTION CONTROL" }, "rule": { "number": "§108.21", "label": "Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85152", "queryAsDate": "03/11/2026" }, "ruleBody": "A person practicing dentistry in the State of Texas must maintain the entire dental office in a clean and sanitary condition, and such premises shall be maintained in full compliance with all health requirements of the city or county, or both, in which such office or premises is located and in conformity with the health laws of the State of Texas; further, a dentist shall provide restroom facilities for staff and patients and use properly sterilized instruments and clean supplies.", "sourceNote": "Source Note: The provisions of this §108.21 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85152", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SANITATION AND INFECTION CONTROL" }, "rule": { "number": "§108.22", "label": "Access to Dental Office" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85153", "queryAsDate": "03/11/2026" }, "ruleBody": "A person practicing dentistry in the State of Texas shall, upon demand by the officers, agents or employees of the State Board of Dental Examiners acting pursuant to a sanitation complaint, grant immediate access to the entire dental office premises to those persons making such demand. Failure to grant such access may subject a practitioner to temporary license suspension, pursuant to Section 263.004 of the Dental Practice Act.", "sourceNote": "Source Note: The provisions of this §108.22 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85153", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SANITATION AND INFECTION CONTROL" }, "rule": { "number": "§108.23", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85154", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words or terms, when used in Subchapter B, Sanitation and Infection Control, shall have the following meanings, unless the context clearly indicates otherwise. The definitions of the terms health care worker, exposure-prone, invasive-procedure, and universal precautions, as those terms are defined in the Texas Health and Safety Code, §85.202, as amended Acts 72nd Legislature, First Called Session, Section 36, Chapter 41 (1991), (hereinafter referenced as \"THSC, §...\") and guidelines from the Centers for Disease Control, (\"CDC\") as applied to the practice of dentistry, are incorporated herein by reference.(1) Barrier techniques--the use of protective items against infection-transmission during any intraoral or invasive procedure to include appropriate gloves for the procedure performed. This definition shall include protective eye wear and nasal/oral masks when \"splash, spatter, or aerosol\" of body fluids is possible or expected.(2) Disinfection--the partial elimination of active growth stage bacteria and the inactivation of some viruses. The potential for infections remains after disinfection, including infection with M. tuberculosis, hepatitis A virus (HAV) and hepatitis B virus (HBV). The human immunodeficiency virus (HIV) may also remain active following disinfection.(3) Sterilization--a process by which all forms of life within a defined environment are completely destroyed.", "sourceNote": "Source Note: The provisions of this §108.23 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85154", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SANITATION AND INFECTION CONTROL" }, "rule": { "number": "§108.24", "label": "Required Sterilization and Disinfection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85162", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sterilization is required for all surgical and other instruments that may be used intraorally or extraorally, where these instruments may be used invasively or in contact with or penetration of soft tissue, bone or other hard tissue. Other nonsurgical instruments, such as plastic instruments, that may come into contact with tissue must be disinfected with an American Dental Association-registered solution that is tuberculocidal.(b) All instruments subject to sterilization must undergo at least one of the following procedures:(1) Steam autoclave(2) Chemical Vapor(3) Dry-heat oven(4) Ethylene oxide(5) Chemical sterilant (used in dilution amounts and time periods according to manufacturer's recommendations or accepted OSHA standards). Sterilization equipment and its adequacy shall be tested and verified in accord with American Dental Association (ADA) recommendations.(c) Following a dental procedure, all instruments and operatory equipment that may have become contaminated with blood, saliva, or tissue debris must be, at a minimum, disinfected and preferably sterilized by a CDC or ADA-approved method before utilization again for patient care.(d) Prior to sterilization, all instruments must be free of any visible debris and must be either scrubbed thoroughly with a detergent and water solution or debrided in an ultrasonic device containing cleaning solution.(e) Oral prosthetic appliances and devices from a dental laboratory must be washed with a detergent and water solution, rinsed, disinfected, and rinsed before the appliance or device is placed into patient's mouth.(f) Disposable (non-resterilizable) items, including but not limited to gloves, needles, intravenous fluids, intravenous administration tubing, intravenous catheters/needles, and like items, shall not be used in the treatment of more than one patient.(g) All items contaminated by body fluids during patient care must be treated as biohazardous material. Before extracted teeth are returned to a patient or other party, the teeth must be rendered non-biohazardous. All contaminated single-use items must be disposed of through established OSHA guidelines for such disposal. Teeth or tissue fragments to be used for microscopic, testing, or educational purposes must be sterilized prior to use. Such tissues must be handled and stored as biohazardous material until sterilization is performed.(h) When it is necessary to send items (including but not limited to impressions, bites, working casts, prosthetic appliances or devices) to a dental laboratory for fabrication on repair, those items that are contaminated by body fluids must be considered biohazardous. Before such items are delivered to the dental laboratory or technician, they must be rendered non-biohazardous according to established OSHA guidelines.(i) When it is necessary to return items (including but not limited to impressions, bites, working casts, prosthetic appliances or devices) to a dental office from a dental laboratory which item has been fabricated or repaired, those items that have been potentially contaminated shall be rendered non-biohazardous. Before return to the dentist by the dental laboratory or technician, the item must be rendered non-biohazardous according to established OSHA guidelines.", "sourceNote": "Source Note: The provisions of this §108.24 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85162", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "MOBILE DENTAL FACILITIES" }, "rule": { "number": "§108.40", "label": "Permit Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85163", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Beginning September 1, 2001, every mobile dental facility, and, except as provided herein, every portable dental unit operated in Texas by any entity must have a permit as provided by this title (relating to Mobile Dental Facilities).(b) Licensees who do not have a permit for a portable dental unit or who are employed by a dental organization not having a portable dental unit permit may provide dental services through use of dental instruments and equipment taken out of a dental office without a permit if;(1) the service is provided as emergency treatment;(2) a patient of record of the licensee or organization is treated outside of the dental office;(3) treatment is provided to residents of nursing homes or convalescent facilities; or(4) treatment is provided without charge to patients or to any third party payer, so long as such treatment is not provided on a regular basis.(5) anesthesia/sedation services are provided and the licensee is permitted to provide portable anesthesia services under the provisions of Rule 108.33 of this title (relating to Sedation/Anesthesia Permit); or(6) the service is provided in an office of another licensed dentist.", "sourceNote": "Source Note: The provisions of this §108.40 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85163", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "MOBILE DENTAL FACILITIES" }, "rule": { "number": "§108.41", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224407", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in Subchapter D, Mobile Dental Facilities, shall have the following meanings, unless the context clearly indicates otherwise;(1) Mobile Dental Facility--any self-contained facility in which dentistry will be practiced which may be moved, towed, or transported from one location to another.(2) Portable Dental Unit--any non-facility in which dental equipment, utilized in the practice of dentistry, is transported to and utilized on a temporary basis at an out-of-office location including, but not limited to, patients' homes, schools, nursing homes, or other institutions.(3) Permit Holder--a licensed Texas dentist or an organization authorized by the Dental Practice Act to employ licensed Texas dentists to whom the permit is issued as provided by this title (relating to Mobile Dental Facilities and Portable Dental Units), or an organization not otherwise included herein that demonstrates to the SBDE that it is an appropriate entity to provide mobile or portable dental services.(4) Session--a period of time during which personnel associated with a permitted facility or unit are available to provide dental services at a location.", "sourceNote": "Source Note: The provisions of this §108.41 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224407", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "MOBILE DENTAL FACILITIES" }, "rule": { "number": "§108.42", "label": "Obtaining a Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87581", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed Texas dentist, an organization authorized by the Dental Practice Act or other organization as defined by rule 108.41 (3) of this title (relating to Definitions) and approved by the SBDE wishing to operate a mobile dental facility or a portable dental unit, shall apply to the State Board of Dental Examiners (SBDE) for a permit on a form provided by the Board and pay an application fee in an amount set by the Board. A governmental or educational entity may obtain a single permit, respectively, for all facilities; or all units listed on an application.(b) A completed application form submitted to the SBDE with all questions answered will be reviewed and if all the requirements listed in this section are met, a permit will be issued. All applications must include:(1) an address of record that is not a Post Office Box; and,(2) the name and address of the permit holder.(c) All applicants except governmental and higher educational entities must also include:(1) the name and address, and when applicable, the license number of each dentist, dental hygienist, laboratory technician, and dental assistant associated with the facility or unit for which a permit is sought;(2) a copy of a written agreement for the emergency follow-up care for patients treated in the mobile dental facility, or through a portable dental unit, and such agreement must include identification of and arrangements for treatment in a dental office which is permanently established within a reasonable geographic area;(3) a statement that the mobile dental facility or portable dental unit has access to communication facilities which will enable dental personnel to contact assistance as needed in the event of an emergency;(4) a statement that the mobile dental facility or portable dental unit conforms to all applicable federal, state, and local laws, regulations, and ordinances dealing with radiographic equipment, flammability, construction standards, including required or suitable access for disabled individuals, sanitation, and zoning;(5) a statement that the applicant posses all applicable county and city licenses or permits to operate the facility or unit;(6) either a statement that the unit will only be used in dental offices of the applicant or other licensed dentists, or a list of all equipment to be contained and used in the mobile dental facility or portable dental unit, which must include:(A) dental treatment chair;(B) a dental treatment light;(C) when radiographs are to be made by the mobile dental facility or portable dental unit, a stable portable radiographic unit that is properly monitored by the authorized agency;(D) a portable delivery system, or an integrated system if used in a mobile dental facility;(E) an evacuation unit suitable for dental surgical use; and(F) a list of appropriate and sufficient dental instruments including explorers and mouth mirrors, and infection control supplies, such as gloves, face masks, etc., that are on hand.", "sourceNote": "Source Note: The provisions of this §108.42 adopted\r\nto be effective February 20, 2001, 26 TexReg 1494; amended to be effective\r\nMarch 13, 2025, 50 TexReg 1821." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87581", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "MOBILE DENTAL FACILITIES" }, "rule": { "number": "§108.43", "label": "Operating Requirements for Permitted Mobile Dental Facilities or Portable Dental Units" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161812", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A permit holder is required to operate a permitted Mobile Dental Facility or Portable Dental Unit in compliance with all state statutes and regulations. Further, all permit holders shall;(1) in writing, notify the SBDE of a change in any address required in Rule 108.42 (b)(1) of this title (relating to Obtaining a Permit) within 60 days of the change;(2) prominently display all dental and dental hygienist licenses and current registration certificates, Mobile Dental Facilities or Portable Dental Unit permits, or copies of permits if one permit is issued for multiple facilities or units, a consumer information sign as described in Rule 108.5 of this title (relating to Consumer Information) in compliance with the Dental Practice Act and/or the Rules and Regulations of the SBDE, provided, however, that a licensee may display a duplicate registration certification obtained from the SBDE;(3) maintain, in full compliance with all record-keeping requirements contained in these rules, all dental records and official records at the official address of record for the facility or unit.(b) All permit holders except, governmental and higher education entities, shall:(1) in writing, notify the SBDE of a change in personnel listed as required by Rule 108.42(b)(2) of this title (relating to Obtaining a Permit) within 30 days of any such change;(2) before beginning a session at any location, arrange for;(A) access to a properly functioning sterilization system;(B) ready access to an adequate supply of potable water; and(C) ready access to toilet facilities.(3) on the 10th work day of September of each year, file with the SBDE a written report for the preceding year ending August 31, detailing the location, including a street address, the dates of each session, and the number of patients served and the types of dental procedures and quantity of each service provided; except that such written reports may exclude information concerning dental services provided to less than three individuals at a private residence;(4) insure that all written or printed materials available from or issued by the Mobile Dental Facility or Portable Dental Unit contain the official address of record for the facility or unit;(5) operate a Mobile Dental Facility or Portable Dental Unit only when all requirements described in Rule 108.42 of this title (related to Obtaining a Permit) are being met.(c) A permit to operate a Mobile Dental Facility or Portable Dental Unit expires one (1) year after the issuance date, or on the date when the permit holder is no longer associated with the Mobile Dental Facility or Portable Dental Unit, which ever is first.(d) A permit holder may renew a permit by submitting an annual application which shall include a list of all locations served during the past year, and payment of required fee.(e) Upon cessation of operations by the Mobile Dental Facility or Portable Dental Unit, the permit holder shall notify the SBDE of the final disposition of patient records and charts.(f) A permit to operate a Mobile Dental Facility or Portable Dental Unit is not transferable.(g) The SBDE may cancel a permit if upon investigation and after opportunity for a hearing, a determination is made of non-compliance with the Dental Practice Act or the SBDE Rules and Regulations.", "sourceNote": "Source Note: The provisions of this §108.43 adopted to be effective February 20, 2001, 26 TexReg 1494; amended to be effective July 10, 2001, 26 TexReg 5004." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161812&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161812", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.50", "label": "Objectives of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161813&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161813", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this subchapter is to provide guidelines for communications to the public, including but not limited to advertising, professional communications and referral services.(b) As professionals, dentists have the duty to communicate truthfully and without deception to the public.(c) It is hereby declared that the sections, clauses, sentences and parts of this subchapter are severable, are not matters of mutual essential inducement, and any of them shall be removed if this subchapter would otherwise be unconstitutional or ineffective. If any one or more sections, clauses, sentences or parts shall for any reasons be questioned in any court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provision or provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, sentence or part in any one or more instances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.", "sourceNote": "Source Note: The provisions of this §108.50 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161813&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161813", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.51", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225040", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this subchapter shall have the following meanings unless the contents clearly indicate otherwise.(1) Advertisements--Information communications made directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any other way to attract directly or indirectly any person to enter into an express or implied agreement to accept dental services or treatment related thereto. Advertising may include oral, written, broadcast and other types of communications disseminated by or at the behest of a dentist. The communications include, but are not limited to, those made to patients, prospective patients, professionals or other persons who might refer patients, and to the public at large. Advertisements include electronic media and print media.(2) Electronic Media--Radio, television and the Internet.(3) Location Signage--Signage adhered to the physical building at which a dental office is located or at the entry to a shopping park or parking lot that is intended as an indicator for the public to physically locate the dental office.(4) Patient of Record--A patient who has been examined and diagnosed by a licensed dentist and whose treatment has been planned by a licensed dentist.(5) Print Media--Newspapers, magazines, periodicals, professional journals, telephone directories, circulars, handbills, flyers and other similar documents or comparable publications, the content of which is disseminated by means of the printed word. \"Print media\" shall also include stationery and business cards.(6) Testimonial--An attestation or implied attestation to the competence of a dentist's services or treatment.", "sourceNote": "Source Note: The provisions of this §108.51 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225040", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.52", "label": "Names and Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161815", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Disclosure of Full Name.(1) Any person who practices dentistry under any name or trade name must provide full and outward disclosure of his or her full name as it appears on his or her license or renewal certificate issued by the board, or his or her commonly used name.(2) Any person who owns, maintains, or operates an office or place of business in which the person employs or engages under any type of contract another person to practice dentistry, either directly or indirectly, under any name or trade name must provide full and outward disclosure of his or her full name as it appears on his or her license or renewal certificate issued by the board, or his or her commonly used name.(3) Any person who holds himself or herself out to the public, directly or indirectly, as soliciting patronage or as being qualified to practice dentistry in the state of Texas under any name or trade name must provide full and outward disclosure of his or her full name as it appears on his or her license or renewal certificate issued by the board, or his or her commonly used name.(4) Any person who operates, manages, or is employed in any facility where dental service is rendered or conducted under any name or trade name must provide full and outward disclosure of his or her full name as it appears on the license or renewal certificate issued by the board, or his or her commonly used name.(5) Any person who practices dentistry must display his or her full name as it appears on his or her license or renewal certificate issued by the board, or his or her commonly used name, outside the primary entry of each location at which he or she practices dentistry.(6) If the names of auxiliary personnel, such as dental hygienists or dental assistants, are displayed in any manner or in any advertising, the auxiliary personnel must be clearly identified by title, along with the name of a supervising dentist.(b) Name of Practice.(1) Each dental office shall post at or near the entrance of the office in an area visible to the public, the name of, each professional degree received by and each school attended by each dentist practicing in the office.(2) The name of the owner shall be prominently displayed and only the names of the dentists who are engaged in the practice of the profession at a particular location shall be used.(3) The name of a deceased or retired dentist leaving a practice shall not be used at such location more than one (1) year following departure from the practice. The name of a dentist leaving a location for any other reason or transferring his or her practice shall not be used at such location or practice for more than forty (40) days following departure from the location. However, if the transferring dentist remains actively engaged in the practice of dentistry in the transferred practice, the acquiring dentist may continue using the name of the transferring dentist.(4) A licensed Texas dentist, in any professional communication concerning dental services, shall include the dentist's dental degree; the words \"general dentist\" or \"general dentistry;\" or a specialization approved by the National Commission on Recognition of Dental Specialties and Certifying Boards if the dentist is a specialist in the field designated.(5) A licensed Texas dentist who is also authorized to practice medicine in Texas may use the initials \"M.D.\" or \"D.O.\" along with the dentist's dental degree.(c) Use of Trade Name.(1) A dentist may practice under his or her own name, or use a corporation, company, association or trade name as provided by §259.003 of the Texas Occupations Code.(2) A dentist practicing under a corporation, company, association or trade name shall give each patient the name and license number of the treating dentist, in writing, either before or after each office visit, upon request of a patient.(3) An advertisement under a corporation, company, association or trade name must include prominently the name of the owner(s) and at least one dentist actually engaged in the practice of dentistry under that trade name at each location advertised. This provision does not apply to location signage.(4) Each dentist practicing under a corporation, company, association or trade name shall file notice with the board of every corporation, company, association or trade name under which that dentist practices upon initial application for licensure and annual license renewal.(5) Since the name under which a dentist conducts his or her practice may be a factor in the selection process of the patient, the use of a trade name or an assumed name that is false or misleading in any material respect is unethical.(d) Responsibility. The responsibility for the form and content of an advertisement offering services or goods by a dentist shall be jointly and severally that of each licensed professional who is an owner, principal, partner, or officer of the firm or entity identified in the advertisement.", "sourceNote": "Source Note: The provisions of this §108.52 adopted to be\r\neffective May 1, 2013, 37 TexReg 9637; amended to be effective December\r\n28, 2014, 39 TexReg 10015; amended to be effective May 22, 2025, 50\r\nTexReg 2968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161815", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.53", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204355", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. Dentists shall not represent or advertise the fees they charge in a false or misleading manner. Dentists shall state availability and price of goods, appliances or services in a clear and non-deceptive manner and include all material information to fully inform members of the general public about the nature of the goods, appliances or services offered at the announced price.(b) Fee-Splitting. No dentist or any other licensee or registrant shall divide, share, split or allocate, either directly or indirectly, any fee for dental services, appliances, or materials with another dentist or with a physician, except upon a division of services or responsibility and with the prior knowledge and written approval of the patient.(c) Disclosures. An advertisement which includes the price of dental services shall disclose:(1) the professional service being offered in the advertisement;(2) any related services which are usually required in conjunction with the advertised services and for which additional fees may be charged;(3) a disclosure statement that the fee is a minimum fee and that the charges may increase depending on the treatment required;(4) the dates upon which the advertised service will be available at the advertised price;(5) when a service is advertised at a discount, the standard fee of the service and whether the discount is limited to a cash payment; and(6) if the advertisement quotes a range of fees for a service, the advertisement shall contain all the basic considerations upon which the actual fee shall be determined.(d) A dentist shall not:(1) represent that health care insurance deductibles or copayments may be waived or are not applicable to dental services to be provided if the deductibles or copayments are required;(2) represent that the benefits of a health benefit plan will be accepted as full payment when deductibles or copayments are required;(3) refer to a fee for dental services without disclosing that additional fees may be involved in individual cases, if the possibility of additional fees may be reasonably predicted;(4) offer a discount for dental services without disclosing the total fee to which the discount will apply; and(5) represent that services are \"free\" when there is remuneration by a third-party payor, including Medicaid or Medicare.", "sourceNote": "Source Note: The provisions of this §108.53 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204355", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.54", "label": "Advertising of Specialties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206319", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Recognized Specialties. A dentist may advertise as a specialist or use the terms \"specialty\" or \"specialist\" to describe professional services in recognized specialty areas that are:(1) recognized by a board that certifies specialists in the area of specialty; and(2) accredited by the Commission on Dental Accreditation of the American Dental Association.(b) The following are recognized specialty areas and meet the requirements of subsection (a)(1) and (2) of this section:(1) Endodontics;(2) Oral and Maxillofacial Surgery;(3) Orthodontics and Dentofacial Orthopedics;(4) Pediatric Dentistry;(5) Periodontics;(6) Prosthodontics;(7) Dental Public Health;(8) Oral and Maxillofacial Pathology;(9) Oral and Maxillofacial Radiology;(10) Oral Medicine;(11) Dental Anesthesiology; and(12) Orofacial Pain.(c) A dentist who wishes to advertise as a specialist or a multiple-specialist in one or more recognized specialty areas under subsection (a)(1) and (2) and subsection (b)(1) - (12) of this section shall meet the criteria in one or more of the following categories:(1) Educationally qualified is a dentist who has successfully completed an educational program of two or more years in a specialty area accredited by the Commission on Dental Accreditation of the American Dental Association, as specified by the National Commission on Recognition of Dental Specialties and Certifying Boards.(2) Board certified is a dentist who has met the requirements of a specialty board referenced in subsection (a)(1) and (2) of this section, and who has received a certificate from the specialty board, indicating the dentist has achieved diplomate status, or has complied with the provisions of §108.56(a) and (b) of this subchapter (relating to Certifications, Degrees, Fellowships, Memberships and Other Credentials).(3) A dentist is authorized to use the term 'board certified' in any advertising for his/her practice only if the specialty board that conferred the certification is referenced in subsection (a)(1) and (2) of this section, or the dentist complies with the provisions of §108.56(a) and (b) of this subchapter.(d) Dentists who choose to communicate specialization in a recognized specialty area as set forth in subsection (b)(1) - (12) of this section should use \"specialist in\" or \"practice limited to\" and should limit their practice exclusively to the advertised specialty area(s) of dental practice. Dentists may also state that the specialization is approved by \"ADA's National Commission on Recognition of Dental Specialties and Certifying Boards.\" At the time of the communication, such dentists must have met the current educational requirements and standards set forth by the American Dental Association for each approved specialty. A dentist shall not communicate or imply that he/she is a specialist when providing specialty services, whether in a general or specialty practice, if he or she has not received a certification from an accredited institution. The burden of responsibility is on the practice owner to avoid any inference that those in the practice who are general practitioners are specialists as identified in subsection (b)(1) - (12) of this section.", "sourceNote": "Source Note: The provisions of this §108.54 adopted to be effective May 1, 2013, 37 TexReg 9637; amended to be effective April 1, 2021, 46 TexReg 2014." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206319", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.55", "label": "Advertising for General Dentists" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161818", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist whose license is not limited to the practice of an ADA recognized specialty identified under §108.54(b)(1) - (12) of this subchapter (relating to Advertising of Specialties), may advertise that the dentist performs dental services in those specialty areas of practice, but only if the advertisement also includes a clear disclosure that he/she is a general dentist.(b) Any advertisement of any specific dental service or services by a general dentist shall include the notation \"General Dentist\" or \"General Dentistry\" directly after the name of the dentist. The notation shall be in a font size no smaller than the largest font size used to identify the specific dental services being advertised. For example, a general dentist who advertises \"ORTHODONTICS\" and \"DENTURES\" and/or \"IMPLANTS\" shall include a disclosure of \"GENERAL DENTIST\" or \"GENERAL DENTISTRY\" in a font size no smaller than the largest font size used for terms 'orthodontics,' 'dentures' and/or 'implants.' Any form of broadcast advertising by a general dentist (radio, television, promotional DVDs, etc) shall include either \"General Dentist\" or \"General Dentistry\" in a clearly audible manner.(c) A general dentist is not prohibited from listing services provided, so long as the listing does not imply specialization. A listing of services provided shall be separate and clearly distinguishable from the dentist's designation as a general dentist.(d) The provisions of this rule shall not be required for professional business cards or professional letterhead.", "sourceNote": "Source Note: The provisions of this §108.55 adopted to be effective May 1, 2013, 37 TexReg 9637; amended to be effective September 30, 2021, 46 TexReg 6405." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161818", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.56", "label": "Certifications, Degrees, Fellowships, Memberships and Other Credentials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161819", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dentists may advertise credentials earned in dentistry so long as they avoid any communications that express or imply specialization in a recognized specialty, or specialization in an area of dentistry that is not recognized as a specialty, or attainment of an earned academic degree. (b) A listing of credentials shall be separate and clearly distinguishable from the dentist's designation as a dentist. A listing of credentials may not occupy the same line as the dentist's name and designation as a dentist. Any use of abbreviations to designate credentials shall be accompanied by a definition of the acronym immediately following the credential. Attached Graphic(c) The provisions of subsection (b) of this section shall not be required in materials not intended for business promotion or public dissemination, such as peer-to-peer communications.", "sourceNote": "Source Note: The provisions of this §108.56 adopted to be effective May 1, 2013, 38 TexReg 826." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161819&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161819", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.57", "label": "False, Misleading or Deceptive Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161820", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist has a duty to communicate truthfully. Professionals have a duty to be honest and trustworthy in their dealings with people. The dentist's primary obligations include respecting the position of trust inherent in the dentist-patient relationship, communicating truthfully and without deception, and maintaining intellectual integrity. In order to properly serve the public, dentists should represent themselves in a manner that contributes to the esteem of the profession. Dentists shall not misrepresent their training and competence in any way that would be false or misleading in any material respect. Dentists shall not advertise or solicit patients in any form of communication in a manner that is false, misleading, deceptive, or not readily subject to verification.(b) Published Communications. A dental health article, message or newsletter published in print or electronic media under a dentist's byline to the public must make truthful disclosure of the source and authorship of the publication. If compensation was made for the published communication, a disclosure that the communication is a paid advertisement shall be made. If the published communication fails to make truthful disclosure of the source, authorship and if compensation was made, that the communication is a paid advertisement, the dentist is engaged in making a false or misleading representation to the public in a material respect. If the published communication is designed to give rise to questionable expectations for the purpose of inducing the public to utilize the services of the sponsoring dentist, the dentist is engaged in making a false or misleading representation to the public in a material respect.(c) Examples. In addition to the plain and ordinary meaning of the provision set forth throughout these guidelines, additional examples of advertisements that may be false, misleading, deceptive, or not readily subject to verification include but are not limited to:(1) making a material misrepresentation of fact or omitting a fact necessary to make a statement as a whole not materially misleading;(2) intimidating or exerting undue pressure or undue influence over a prospective patient;(3) appealing to an individual's anxiety in an excessive or unfair way;(4) claiming to provide or perform dental work without pain or discomfort to the patient;(5) implying or suggesting superiority of materials or performance of professional services;(6) comparing a health care professional's services with another health care professional's services unless the comparison can be factually substantiated;(7) communicating an implication, prediction or suggestion of any guarantee of future satisfaction or success of a dental service or otherwise creating unjustified expectations concerning the potential result of dental treatment. The communication of a guarantee to return a fee if the patient is not satisfied with the treatment rendered is not considered false, misleading deceptive or not readily subject to verification under this rule;(8) containing a testimonial from a person who is not a patient of record or that includes false, misleading or deceptive statements, or which is not readily subject to verification, or which fails to include disclosures or warnings as to the identity and credentials of the person making the testimonial;(9) referring to benefits or other attributes of dental procedures or products that involve significant risks without including realistic assessments of the safety and efficacy of those procedures or products;(10) causing confusion or misunderstanding as to the credentials, education, or licensing of a health care professional;(11) representing in the use of a professional name a title or professional identification that is expressly or commonly reserved to or used by another profession or professional;(12) failing to make truthful disclosure of the source and authorship of any message published under a dentist's byline;(13) communicating an implication or suggestion that a service is free or discounted when the fee is built in to a companion procedure provided to the patient and charged to the patient; and(14) communicating statistical data, representations, or other information that is not subject to reasonable verification by the public.(d) Photographs or other representations may be used in advertising of actual patients of record of the licensee. Written patient consent must be obtained prior to the communication of facts, data, or information which may identify the patient. The advertising must include language stating \"Actual results may vary.\"(e) Advertising or promotion of products from which the dentist receives a direct remuneration or incentive is prohibited unless the dentist fully and clearly discloses that he is a paid spokesman for the product, or the dentist fully and clearly discloses that he is the inventor or manufacturer of the product.(f) Any and all advertisements are presumed to have been approved by the licensee named therein.", "sourceNote": "Source Note: The provisions of this §108.57 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161820", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.58", "label": "Solicitation, Referrals and Gift Schemes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161821", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule prohibits conduct which violates §§102.001 - 102.011 and §259.008(8), of the Texas Occupations Code. A licensee shall not offer, give, dispense, distribute or make available to any third party or aid or abet another so to do, any cash, gift, premium, chance, reward, ticket, item, or thing of value for securing or soliciting patients. A licensee may offer, give, dispense, distribute or make available directly to a potential patient, a non-cash gift valued at no more than ten dollars to secure or solicit the potential patient.(b) This rule shall not be construed to prohibit a licensee from offering, giving, dispensing, distributing or making available to any patient of record any cash premium, chance, reward, ticket, item or thing of value for the continuation of that relationship as a patient of that licensee. The cash premium, chance, reward, ticket, item or thing of value cannot be for the purpose of soliciting new patients.(c) This rule shall not be construed to prohibit remuneration for advertising, marketing, or other services that are provided for the purpose of securing or soliciting patients, provided the remuneration is set in advance, is consistent with the fair market value of the services, and is not based on the volume or value of any patient referrals.", "sourceNote": "Source Note: The provisions of this §108.58 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161821", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.59", "label": "Website Disclosures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161822", "queryAsDate": "03/11/2026" }, "ruleBody": "Dental practice websites should clearly disclose:(1) ownership of the website;(2) services provided;(3) office addresses and contact information; and(4) licensure and qualifications of dentist(s) and associated health care providers.", "sourceNote": "Source Note: The provisions of this §108.59 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161822", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.60", "label": "Record Keeping of Advertisements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161823", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Retention of broadcast, print and electronic advertising. A pre-recorded copy of all broadcast advertisements, a copy of print advertisements and a copy of electronic advertisements shall be retained for four years following the final appearance or communication of the advertisement. In addition, the dentist shall document the date the dentist discovered that he or she had placed a false or misleading advertisement, as well as the date and substance of all corrective measures the dentist took to rectify false or misleading advertisements. The dentist shall maintain documentation of all corrective measures for four years following the most recent appearance or communication of the advertisement which the dentist discovered was inaccurate.(b) The advertising dentist shall be responsible for making copies of the advertisement available to the board if requested.", "sourceNote": "Source Note: The provisions of this §108.60 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161823", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.61", "label": "Grounds and Procedures for Disciplinary Action for Advertising Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161824", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with the Board's statutory and regulatory authority authorizing disciplinary action and denial of licensure for advertising violations as set forth in this subchapter, the Board may refuse to issue or renew a license, may suspend or revoke a license, may issue a warning or reprimand, restrict or impose conditions on the practice of a licensee or applicant for licensure. \"Advertising violations\" consist of expressions explicitly or implicitly authorized by a licensee, or applicant for licensure, which are false or misleading as otherwise referenced in this subchapter.(b) A licensee or applicant for licensure explicitly or implicitly authorizes advertising when the individual permits or fails to correct statements that are false or misleading. Failure to attempt to retract or otherwise correct advertising violations as directed by the Board may constitute a willful violation of these provisions and may be a separate and distinct independent violation of the Board's statutory or regulatory authority. A willful violation of the Board's directive, may subject the licensee or applicant to disciplinary action, nonrenewal or denial of licensure.(c) When determining whether an \"advertising violation\" has occurred, the Board shall proceed in accordance with due process and its statutory and regulatory provisions which govern investigations and contested case proceedings.", "sourceNote": "Source Note: The provisions of this §108.61 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161824", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.62", "label": "Awards, Honors and Recognitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161825", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may publicize the receipt of a professional award, honor, recognition, or rating in an advertisement or otherwise, if the publication is not false, misleading, or deceptive, and is subject to reasonable verification by the public. Any advertisement must comply with all laws and rules governing advertisement by licensees.(b) The publication of an award, honor, recognition or rating must reflect truth, state the specific year or time period of receipt and clearly name the awarding organization or entity.(1) Proper: John Doe, DDS - Included in Anytown Quarterly's Fall 2012 Top Dentists(2) Improper: John Doe, DDS - Top Dentist(3) Proper: John Doe, DDS - Selected as Anytown's 2012 Dentist of the Year by the Anytown(4) Improper: John Doe, DDS - Dentist of the Year(c) The publication must state the licensee's receipt of an award, honor, recognition or rating as inclusion or selection in a listing of other licensees, if applicable.(1) Proper: John was selected for inclusion in 2012 Anytown Yearly's Super Dentists List(2) Improper: John is an Anytown Super Dentist(d) The publication may include the trademark or logo of the award, honor, recognition or rating, so long as the advertisement conforms to all laws and rules governing advertisement by licensees.(e) The publication of an award, honor, recognition or rating is false, misleading or deceptive if the licensee compensated a third party for the inclusion of the licensee's name in the survey, ballot, or poll that determined the recipients of the award, honor, recognition or rating. This does not preclude licensees from purchasing advertisements to communicate the receipt of an award, honor, recognition or rating.(f) The publication of an award, honor, recognition or rating is false, misleading or deceptive if the publication imputes an individual licensee's selection or inclusion to an entire practice, clinic or office. An advertisement for an entire dental practice, clinic or office at which more than one licensee engages in the practice of dentistry, must clearly denote the specific licensees within in the practice who received the award, honor, recognition or rating.", "sourceNote": "Source Note: The provisions of this §108.62 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161825", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "BUSINESS PROMOTION" }, "rule": { "number": "§108.63", "label": "Advertisement and Education by Unlicensed Clinicians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85178", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any advertisement placed by a person who is not domiciled and located in this state and subject to the laws of this state may not advertise or cause or permit to be advertised, published, directly or indirectly, printed, or circulated in this state a notice, statement, or offer of any service, drug, or fee relating to the practice of dentistry, unless the advertising conspicuously discloses that the person is not licensed to practice dentistry in this state.(b) Licensees of other jurisdictions may be permitted to demonstrate their professional technique and ability on live patients at scientific and clinical meetings upon prior approval by the State Board of Dental Examiners. The State Board of Dental Examiners must approve any and all courses, seminars, clinics, or demonstrations that involve live patients, including those pertaining to anesthesia or anesthetic agents and duties of auxiliary personnel except those sponsored by recognized dental schools, dental hygiene schools, medical schools or colleges.", "sourceNote": "Source Note: The provisions of this §108.63 adopted to be effective May 1, 2013, 37 TexReg 9637." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85178", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "CONTRACTUAL AGREEMENTS" }, "rule": { "number": "§108.70", "label": "Improper Influence on Professional Judgment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85179", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of this rule, the term dentist shall include the following:(1) a dentist licensed by the State Board of Dental Examiners;(2) a professional corporation wholly owned by one or more dentists;(3) other entities that provide dental services and are owned by one or more dentists.(b) Any dentist entering into any contract, partnership or other agreement or arrangement which allows any person other than a dentist any one or more of the following rights, powers or authorities shall be presumed to have violated the provisions of the Dental Practice Act, Section 251.003 regarding controlling, attempting to control, influencing, attempting to influence or otherwise interfering with the exercise of a dentist's independent professional judgment regarding the diagnosis or treatment of any dental disease, disorder or physical condition:(1) Controlling, owning or setting any conditions for access to or the specific contents of dental records of patients of a dentist.(2) Setting a maximum or other standardized time for the performance of specific dental procedures.(3) Placing any limitations or requirements on treatments, referrals, or consultations except those based on the professional judgment of the dentist.(4) Limiting or imposing requirements concerning the type or scope of dental treatment, procedures or services which may be recommended, prescribed, directed or performed, except that a dentist may limit the dentist's practice or the practice of a dentist employed by or contracting with the dentist to certain procedures or the treatment of certain dental diseases.(5) Limiting or imposing requirements concerning the supplies, instruments or equipment deemed reasonably necessary by a dentist to provide diagnoses and treatment of the patients of the dentist.(6) Limiting or imposing requirements for the professional training deemed necessary by the dentist to property serve the patients of the dentist.(7) Directing or influencing the selection of specific diagnostic examinations and treatment or practices regarding patients without due regard to the recommended diagnostic examinations and treatment agreed upon by the dentist and the patient, except that a dentist having the responsibility for training or supervising another dentist may reasonably limit treatment or practices as a part of the training or supervision of a dentist based upon the training and competency of a dentist to perform certain treatment or practices(8) Limiting or determining the duties of professional, clinical or other personnel employed to assist a dentist in the practice of dentistry.(9) Establishing professional standards, protocols or practice guidelines which in the professional judgment of the dentist providing dental service to the dentist's patient, conflict with generally accepted standards within the dental profession.(10) Entering into any agreement or arrangement for management services that:(A) interferes with a dentist's exercise of his/her independent professional judgment;(B) encourages improper overtreatment or undertreatment by dentists; or(C) encourages impermissible referrals from unlicensed persons in consideration of a fee.(11) Placing limitations or conditions upon communications that are clinical in nature with the dentist's patients.(12) Precluding or restricting a dentist's ability to exercise independent professional judgment over all qualitative and quantitative aspects of the delivery of dental care.(13) Scheduling patients of the dentist in a manner that may have the effect of discouraging new patients from coming into the dentist's practice, or postponing future appointments or that give scheduling preference to an individual, class or group.(14) Penalizing a dentist for reporting violations of a law regulating the practice of dentistry.(15) Conditioning the payment of fees to a dentist or the amount of management fees a dentist must pay, on the referral of patients to other health care providers specified by a non-dentist.(c) The entry into one or more of the following agreements by a dentist shall not be presumed to have violated the Texas Dental Practice Act, Section 251.003.(1) Leases, mortgages, ownership agreements or other arrangements regarding use of space for dental offices, based on a set, non percentage fee reasonably related to the fair market value of the office space provided at the time the lease or other arrangement is entered into.(2) Agreements regarding the purchase, sale, financing or lease of dental equipment, instruments and supplies so long as the dentist maintains the complete care, custody, and control of the dental instruments and supplies and the lease does not provide for a payment or fee based upon a percentage of the revenue received by the dentist, or the dental practice.(3) Agreements providing for accounting, bookkeeping, investment or similar financial services.(4) The financing, lease, use or ownership of non-dentist business equipment such as telephones, computers, software, and general office equipment at reasonable, market related fees.(5) Services regarding the pledge, collection or sale of accounts receivable from patients.(6) Agreements regarding billing and collection services.(7) Advertising and marketing services so long as the dentist remains solely responsible for the content of any advertising or marketing services and for ensuring that such conform to all applicable legal requirements.(8) Agreements regarding consulting, professional development, business practices and other advisory agreements which do not limit the dentist's ability to use the dentist's independent professional judgment regarding the diagnosis or treatment of any dental disease, disorder or physical condition.(9) Employment agreements which specify that the dentist shall continue to have the right to use the dentist's independent professional judgment regarding the diagnosis or treatment of any dental disease, disorder or physical condition, provided that in practice the dentist is allowed to use the dentist's professional judgment.(d) The provisions of subsection (c) of this section herein may be rebutted and the entry into these agreements or other undertakings may be found to be in violation of the Dental Practice Act if it can be shown that the agreements or other undertakings result in the control, attempt to control, influence, attempt to influence or otherwise interfere with the exercise of a dentist's independent professional judgment regarding the diagnosis or treatment of any dental disease, disorder or physical condition.(e) This rule shall not be applicable to dentists or others covered by the Dental Practice Act, Section 251.004, entitled Exceptions, Section 260.001, regarding administration of an estate and continuation of practice nor Sections 260.002 through 260.004, regarding employment of dentists.", "sourceNote": "Source Note: The provisions of this §108.70 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85179", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "CONTRACTUAL AGREEMENTS" }, "rule": { "number": "§108.71", "label": "Providing Copies of Certain Contracts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134131", "queryAsDate": "03/11/2026" }, "ruleBody": "Upon written request by the State board of Dental Examiners (Board), a dentist or dental organization that contracts with any entity that provides management services or pays all or part of any patient charges must, within fourteen (14) days of receipt of the request, provide copies as requested to the Board of any of the following:(1) all documents that constitute the contract, and all documents referenced by the contract, including all amendments and addenda;(2) billing statements sent to patients and third party payers;(3) information sent to patients concerning services rendered and concerning the right, if any, for the contracting entity to bill and collect fees for dental services; and(4) copies of documentation, if any, offered by or required of the contracting entity to potential investors in the entity.", "sourceNote": "Source Note: The provisions of this §108.71 adopted to be effective February 20, 2001, 26 TexReg 1494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134131", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "CONTRACTUAL AGREEMENTS" }, "rule": { "number": "§108.72", "label": "Dental Custodian of Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163158", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An owner, shareholder, partner, or executive officer of a clinic or other entity that provides dental services for the public shall designate a licensed Texas dentist as the dental custodian of records. The dental custodian of records shall provide records to the Board, a dentist who has provided dental treatment, and patients in accordance with Texas Occupations Code §§258.0511, 258.109, 261.055, 263.008 and §108.8 of this chapter (relating to Records of the Dentist), and other law regulating dental patient records.(b) A dental custodian of records shall furnish copies of dental records on demand by the officers, agents, or employees of the State Board of Dental Examiners. The patient's privilege against disclosure does not apply to the Board in a disciplinary investigation or proceeding under the Dental Practice Act.(c) A dental custodian of records shall make dental records available for inspection and reproduction to a dentist who has provided dental treatment.(1) A dentist who has provided dental treatment shall request access to dental records in writing.(2) A dental custodian of records shall make dental records available for inspection and reproduction within 15 days of the written request.(3) The right of access shall be maintained regardless of employment status.(4) The requirement to provide access to records shall not be modified or waived by agreement.(d) A dental custodian of records shall furnish copies of dental records to a patient who requests his or her dental records pursuant to §108.8(g) of this chapter.", "sourceNote": "Source Note: The provisions of this §108.72 adopted to be effective December 24, 2007, 32 TexReg 9628." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163158", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "CONTRACTUAL AGREEMENTS" }, "rule": { "number": "§108.73", "label": "Dental Service Organizations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209006", "queryAsDate": "03/11/2026" }, "ruleBody": "Upon written request by the Board, a dental service organization, as defined by §254.019(c) of the Dental Practice Act, shall provide to the Board the address of the locations where the organization provides dental services in this state and the name of each dentist providing dental services at each location.", "sourceNote": "Source Note: The provisions of this §108.73 adopted to be effective August 25, 2013, 38 TexReg 5262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209006", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "108", "label": "PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "CONTRACTUAL AGREEMENTS" }, "rule": { "number": "§108.74", "label": "Call Coverage Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151696", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this rule is to set forth minimum requirements relating to a dentist's provision of call coverage services for another dentist's established patients.(b) Scope. This rule applies to all dentists providing call coverage in Texas, regardless of the nature and scope of technology being used to provide care to patients through the call coverage relationship.(c) Dentists may provide dental services through a call coverage agreement (CCA) to established patients of another dentist. The CCA may be oral or written.(d) The covering dentist must provide to the patient's dentist of record who is a party to the CCA a report about the dental intervention or advice provided. The parties to the CCA can determine the timing and method in which the report is provided and who should receive the report.", "sourceNote": "Source Note: The provisions of this §108.74 adopted to be effective December 31, 2021, 46 TexReg 9036." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151696&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151696", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201230", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless the context clearly indicates otherwise, the following words and terms shall have the following meaning when used in this chapter.(1) Analgesia--the diminution or elimination of pain.(2) Behavioral management--the use of pharmacological or psychological techniques, singly or in combination, to modify behavior to a level that dental treatment can be performed effectively and efficiently.(3) Board/Agency--the Texas State Board of Dental Examiners, also known as the State Board of Dental Examiners, and, for brevity, the Dental Board, the Agency, or the Board.(4) Child/children--a patient twelve (12) years of age or younger.(5) Competent--displaying special skill or knowledge derived from training and experience.(6) Deep sedation--a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained.(7) Direct supervision--the dentist responsible for the sedation/anesthesia procedure shall be physically present in the facility and shall be continuously aware of the patient's physical status and well-being.(8) Enteral--any technique of administration of sedation in which the agent is absorbed through the gastrointestinal (GI) tract or oral mucosa (i.e., oral, rectal, sublingual).(9) Facility--the location where a permit holder practices dentistry and provides anesthesia/sedation services.(10) Facility inspection--an on-site inspection to determine if a facility where the applicant proposes to provide anesthesia/sedation is supplied, equipped, staffed and maintained in a condition to support provision of anesthesia/sedation services that meet the minimum standard of care.(11) General anesthesia--a drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired.(12) Immediately available--on-site in the facility and available for immediate use.(13) Incremental dosing--administration of multiple doses of a drug until a desired effect is reached, but not to exceed the maximum recommended dose (MRD).(14) Local anesthesia--the elimination of sensation, especially pain, in one part of the body by the topical application or regional injection of a drug.(15) Maximum recommended dose (applies to minimal sedation)--FDA maximum recommended dose (MRD) of a drug, as printed in FDA-approved labeling for unmonitored home use.(16) Minimal sedation--a minimally depressed level of consciousness, produced by a pharmacological method, which retains the patient's ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command. Although cognitive function and coordination may be modestly impaired, ventilatory and cardiovascular functions are unaffected. Medication administered for the purpose of minimal sedation shall not exceed the maximum doses recommended by the drug manufacturer. Nitrous oxide/oxygen may be used in combination with a single enteral drug in minimal sedation. During longer periods of minimal sedation in which the total amount of time of the procedures exceeds the effective duration of the sedative effect of the drug used, the supplemental dose of the sedative shall not exceed total safe dosage levels based on the effective half-life of the drug used. The total aggregate dose must not exceed one and one-half times the MRD on the day of treatment. The use of prescribed, previsit sedatives for children aged twelve (12) or younger should be avoided due to the risk of unobserved respiratory obstruction during the transport by untrained individuals.(17) Moderate sedation--drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. A Level 2 permit is required for moderate sedation limited to enteral routes of administration. A Level 3 permit is required for moderate sedation including parenteral routes of administration. In accordance with this particular definition, the drugs or techniques used shall carry a margin of safety wide enough to render unintended loss of consciousness unlikely. Repeated dosing of an agent before the effects of previous dosing can be fully appreciated may result in a greater alteration of the state of consciousness than is the intent of the dentist. A patient whose only response is reflex withdrawal from a painful stimulus is not considered to be in a state of moderate sedation.(18) Parenteral--the administration of pharmacological agents intravenously, intraosseously, intramuscularly, subcutaneously, submucosally, intranasally, or transdermally.(19) Patient Physical Status Classification:(A) ASA--American Society of Anesthesiologists(B) ASA I--a normal health patient(C) ASA II--a patient with mild systemic disease(D) ASA III--a patient with severe systemic disease(E) ASA IV--a patient with severe systemic disease that is a constant threat to life(F) ASA V--a moribund patient who is not expected to survive without the operation(G) ASA VI--a declared brain-dead patient whose organs are being removed for donor purposes(H) E--emergency operation of any variety (used to modify ASA I - ASA VI).(20) Portability--the ability of a permit holder to provide permitted anesthesia services in a location other than a facility or satellite facility.(21) Protective reflexes--includes the ability to swallow and cough effectively.(22) Satellite facility--an additional office or offices owned or operated by the permit holder, or owned or operated by a professional organization through which the permit holder practices dentistry, or a licensed hospital facility.(23) Supplemental dosing (applies to minimal sedation)--during minimal sedation, supplemental dosing is a single additional dose of the initial dose of the initial drug that may be necessary for prolonged procedures. The supplemental dose should not exceed one-half of the initial dose and should not be administered until the dentist has determined the clinical half-life of the initial dosing has passed. The aggregate dose must not exceed one and one-half times the MRD on the day of treatment.(24) Time-oriented anesthesia record--documentation at appropriate time intervals of drugs, doses, and physiologic data obtained during patient monitoring. Physiologic data for moderate sedation, deep sedation and general anesthesia must be taken and recorded at required intervals unless patient cooperation interferes or prohibits compliance.(25) Titration (applies to moderate sedation)--administration of incremental doses of a drug until the desired effect is reached. Knowledge of each drug's time of onset, peak response and duration of action is essential to avoid over-sedation. When the intent is moderate sedation, one must know whether the previous dose has taken full effect before administering an additional drug increment.", "sourceNote": "Source Note: The provisions of this §110.1 adopted to be effective May 10, 2011, 36 TexReg 2833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201230", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.2", "label": "Sedation/Anesthesia Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151698", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist licensed under Chapter 101 of this title shall obtain an anesthesia permit for the following anesthesia procedures used for the purpose of performing dentistry:(1) Nitrous Oxide/Oxygen inhalation sedation;(2) Level 1: Minimal sedation;(3) Level 2: Moderate sedation limited to enteral routes of administration;(4) Level 3: Moderate sedation which includes parenteral routes of administration; or(5) Level 4: Deep sedation or general anesthesia.(b) A dentist licensed to practice in Texas who desires to administer nitrous oxide/oxygen inhalation sedation or Level 1, Level 2, Level 3 or Level 4 sedation must obtain a permit from the State Board of Dental Examiners (Board). A permit is not required to administer Schedule II drugs prescribed for the purpose of pain control or post-operative care.(1) A permit may be obtained by completing an application form approved by the Board.(2) The application form must be filled out completely and appropriate fees paid.(3) Prior to issuance of a sedation/anesthesia permit, the Board may require that the applicant undergo a facility inspection or further review of credentials. The Board may direct an Anesthesia Consultant, who has been appointed by the Board, to assist in this inspection or review. The applicant will be notified in writing if an inspection is required and provided with the name of an Anesthesia Consultant who will coordinate the inspection. The applicant must make arrangements for completion of the inspection within 180 days of the date the notice is mailed. An extension of no more than ninety (90) days may be granted if the designated Anesthesia Consultant requests one.(4) An applicant for a sedation/anesthesia permit must be licensed by and should be in good standing with the Board. For purposes of this chapter \"good standing\" means that the dentist's license is not suspended, whether or not the suspension is probated. Applications from licensees who are not in good standing may not be approved.(5) An applicant for a sedation/anesthesia permit must have passed the Chapter 110 (relating to Sedation and Anesthesia) component of the jurisprudence examination, within one year immediately prior to application.", "sourceNote": "Source Note: The provisions of this §110.2 adopted to be effective May 10, 2011, 36 TexReg 2833; amended to be effective October 1, 2020, 45 TexReg 6767." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151698", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.3", "label": "Nitrous Oxide/Oxygen Inhalation Sedation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151699", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Education and Professional Requirements. A dentist applying for a nitrous oxide/oxygen inhalation sedation permit shall meet one of the following educational/professional criteria:(1) satisfactory completion of a comprehensive training program consistent with that described for nitrous oxide/oxygen inhalation sedation administration in the American Dental Association (ADA) Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students. This includes a minimum of fourteen (14) hours of training, including a clinical component, during which competency in inhalation sedation technique is achieved. Acceptable courses include those obtained from academic programs of instruction recognized by the ADA Commission on Dental Accreditation (CODA); or courses approved and recognized by the ADA Continuing Education Recognition Program (CERP); or courses approved and recognized by the Academy of General Dentistry (AGD) Program Approval for Continuing Education (PACE);(2) satisfactory completion of an ADA/CODA approved or recognized pre-doctoral dental or postdoctoral dental training program which affords comprehensive training necessary to administer and manage nitrous oxide/oxygen inhalation sedation; or(3) is a Texas licensed dentist, has a current Board-issued nitrous oxide/oxygen inhalation sedation permit, and has been using nitrous oxide/oxygen inhalation sedation in a competent manner immediately prior to the implementation of this chapter on June 1, 2011. Any dentist whose Board-issued nitrous oxide/oxygen inhalation sedation permit is active on June 1, 2011 shall automatically continue to hold this permit.(b) Standard of Care Requirements. A dentist performing nitrous oxide/oxygen inhalation sedation shall maintain the minimum standard of care for anesthesia, and in addition shall:(1) adhere to the clinical requirements as detailed in this section;(2) maintain under continuous direct supervision auxiliary personnel who shall be capable of reasonably assisting in procedures, problems, and emergencies incident to the use of nitrous oxide/oxygen inhalation sedation;(3) maintain current certification in Basic Life Support (BLS) for Healthcare Providers for the assistant staff by having them pass a course that includes a written examination and a hands-on demonstration of skills; and(4) not supervise a Certified Registered Nurse Anesthetist (CRNA) performing a nitrous oxide/oxygen inhalation sedation procedure unless the dentist holds a permit issued by the Board for the sedation procedure being performed. This provision and similar provisions in subsequent sections address dentists and are not intended to address the scope of practice of persons licensed by any other agency.(c) Clinical Requirements. A dentist must meet the following clinical requirements to utilize nitrous oxide/oxygen inhalation sedation:(1) Patient Evaluation. Patients considered for nitrous oxide/oxygen inhalation sedation must be suitably evaluated prior to the start of any sedative procedure. In healthy or medically stable individuals (ASA I, II), this may consist of a review of their current medical history and medication use. However, patients with significant medical considerations (ASA III, IV) may require consultation with the patient's primary care physician or consulting medical specialist.(2) Pre-Procedure Preparation and Informed Consent.(A) The patient, parent, guardian, or care-giver must be advised of the risks associated with the delivery of nitrous oxide/oxygen inhalation sedation and must provide written, informed consent for the proposed sedation.(B) The dentist shall determine that an adequate oxygen supply is available and evaluate equipment for proper operation and delivery of inhalation agents prior to use on each patient.(C) Baseline vitals must be obtained in accordance with §108.7 and §108.8 of this title.(3) Personnel and Equipment Requirements.(A) In addition to the dentist, at least one member of the assistant staff should be present during the administration of nitrous oxide/oxygen inhalation sedation in nonemergency situations.(B) The inhalation equipment must have a fail-safe system that is appropriately checked and calibrated. The equipment must also have either:(i) a functioning device that prohibits the delivery of less than 30% oxygen; or(ii) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm.(C) If nitrous oxide and oxygen delivery equipment capable of delivering less than 30% oxygen is used, an in-line oxygen analyzer must be utilized.(D) The equipment must have an appropriate nitrous oxide/oxygen scavenging system.(E) The ability of the provider and/or the facility to deliver positive pressure oxygen must be maintained.(4) Monitoring.(A) The dentist must induce the nitrous oxide/oxygen inhalation sedation and must remain in the room with the patient during the maintenance of the sedation until pharmacologic and physiologic vital sign stability is established.(B) After pharmacologic and physiologic vital sign stability has been established, the dentist may delegate the monitoring of the nitrous oxide/oxygen inhalation sedation to a dental auxiliary who has been certified to monitor the administration of nitrous oxide/oxygen inhalation sedation by the State Board of Dental Examiners.(5) Documentation.(A) Pre-operative baseline vitals must be documented.(B) Individuals present during administration must be documented.(C) Maximum concentration administered must be documented.(D) The start and finish times of the inhalation agent must be documented.(6) Recovery and Discharge.(A) Recovery from nitrous oxide/oxygen inhalation sedation, when used alone, should be relatively quick, requiring only that the patient remain in an operatory chair as needed.(B) Patients who have unusual reactions to nitrous oxide/oxygen inhalation sedation should be assisted and monitored either in an operatory chair or recovery room until stable for discharge.(C) The dentist must determine that the patient is appropriately responsive prior to discharge. The dentist shall not leave the facility until the patient meets the criteria for discharge and is discharged from the facility.(7) Emergency Management. Because sedation is a continuum, it is not always possible to predict how an individual patient will respond. If a patient enters a deeper level of sedation than the dentist is qualified to provide, the dentist must stop the dental procedure until the patient returns to the intended level of sedation. The dentist is responsible for the sedative management, adequacy of the facility and staff, diagnosis and treatment of emergencies related to the administration of the nitrous oxide, and providing the equipment and protocols for patient rescue. A dentist must be able to rescue patients who enter a deeper state of sedation than intended. The dentist, personnel and facility must be prepared to treat emergencies that may arise from the administration of nitrous oxide/oxygen inhalation sedation.(8) Management of Children. For children twelve (12) years of age and under, the dentist should observe the American Academy of Pediatrics/American Academy of Pediatric Dentists Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures.(d) A dentist who holds a nitrous oxide/oxygen inhalation sedation permit shall not intentionally administer minimal sedation, moderate sedation, deep sedation, or general anesthesia.", "sourceNote": "Source Note: The provisions of this §110.3 adopted to be effective May 10, 2011, 36 TexReg 2833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151699", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.4", "label": "Minimal Sedation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Education and Professional Requirements. A dentist applying for a Level 1 Minimal Sedation permit shall meet one of the following educational/professional criteria:(1) satisfactory completion of training to the level of competency in minimal sedation consistent with that prescribed in the American Dental Association (ADA) Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, or a comprehensive training program in minimal sedation that satisfies the requirements described in the ADA Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students. This includes a minimum of sixteen (16) hours of didactic training and instruction in which competency in enteral and/or combined inhalation-enteral minimal sedation technique is demonstrated; or(2) satisfactory completion of an advanced education program accredited by the ADA Commission on Dental Accreditation (CODA) that affords comprehensive training necessary to administer and manage minimal sedation, commensurate with the ADA's Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students; or(3) is a Texas licensed dentist, has a current Board-issued enteral permit, and has been using minimal sedation in a competent manner immediately prior to the implementation of this chapter on June 1, 2011. Any Texas licensed dentist who was issued an enteral sedation permit before June 1, 2011 and whose enteral sedation permit was active on June 1, 2011 shall automatically have the permit reclassified as a Level 1 Minimal Sedation permit on June 1, 2011. A Texas licensed dentist whose permit is reclassified from an enteral sedation permit to a Level 1 Minimal Sedation permit on June 1, 2011 may continue to administer enteral sedation until January 1, 2013. On or before January 1, 2013, the dentist shall either provide proof that adequate education has been obtained by submitting an application for a Level 2 permit on or before that date, or shall comply with the requirements of a Level 1 permit after that date. A dentist shall always follow the standard of care and clinical requirements for the level of sedation he or she is performing.(b) Standard of Care Requirements. A dentist performing minimal sedation shall maintain the minimum standard of care for anesthesia, and in addition shall:(1) adhere to the clinical requirements as detailed in this section;(2) maintain under continuous direct supervision auxiliary personnel who shall be capable of reasonably assisting in procedures, problems, and emergencies incident to the use of minimal sedation;(3) maintain current certification in Basic Life Support (BLS) for Healthcare Providers for the assistant staff by having them pass a course that includes a written examination and a hands-on demonstration of skills; and(4) not supervise a Certified Registered Nurse Anesthetist (CRNA) performing a minimal sedation procedure unless the dentist holds a permit issued by the Board for the sedation procedure being performed.(c) Clinical Requirements. A dentist must meet the following clinical requirements for utilization of minimal sedation:(1) Patient Evaluation. Patients considered for minimal sedation must be suitably evaluated prior to the start of any sedative procedure. In healthy or medically stable individuals (ASA I, II), this may consist of a review of their current medical history and medication use. However, patients with significant medical considerations (ASA III, IV) may require consultation with their primary care physician or consulting medical specialist.(2) Pre-Procedure Preparation and Informed Consent.(A) The patient, parent, guardian, or care-giver must be advised regarding the procedure associated with the delivery of any sedative agents and must provide written, informed consent for the proposed sedation.(B) The dentist shall determine that an adequate oxygen supply is available and evaluate equipment for proper operation and delivery of adequate oxygen under positive pressure.(C) Baseline vital signs must be obtained in accordance with §108.7 and §108.8 of this title.(D) A focused physical evaluation must be performed as deemed appropriate.(E) Pre-procedure dietary restrictions must be considered based on the sedative technique prescribed.(F) Pre-procedure verbal and written instructions must be given to the patient, parent, escort, guardian, or care-giver.(3) Personnel and Equipment Requirements.(A) In addition to the dentist, at least one additional person trained in Basic Life Support (BLS) for Healthcare Providers must be present.(B) A positive-pressure oxygen delivery system suitable for the patient being treated must be immediately available.(C) When inhalation equipment is used, it must have a fail-safe system that is appropriately checked and calibrated. The equipment must also have either:(i) a functioning device that prohibits the delivery of less than 30% oxygen; or(ii) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm.(D) An appropriate scavenging system must be available if gases other than oxygen or air are used.(4) Monitoring. The dentist administering the sedation must remain in the operatory room to monitor the patient until the patient meets the criteria for discharge to the recovery area. Once the patient meets the criteria for discharge to the recovery area, the dentist may delegate monitoring to a qualified dental auxiliary. Monitoring during the administration of sedation must include:(A) Oxygenation.(i) Color of mucosa, skin, or blood must be evaluated continually.(ii) Oxygen saturation monitoring by pulse-oximetry should be used when a single drug minimal sedative is used. The additional use of nitrous oxide has a greater potential to increase the patient's level of sedation to moderate sedation, and a pulse oximeter must be used.(B) Ventilation. The dentist (or appropriately qualified individual) must observe chest excursions and must verify respirations continually.(C) Circulation. Blood pressure and heart rate should be evaluated preprocedurally, post-procedurally and intra-procedurally as necessary.(5) Documentation.(A) Documentation must be made in accordance with §108.7 and §108.8 of this title and must include the names and dosages of all drugs administered and the names of individuals present during administration of the drugs.(B) A time-oriented sedation record may be considered for documentation of all monitoring parameters.(C) Pulse oximetry, heart rate, respiratory rate, and blood pressure are the parameters which may be documented at appropriate intervals of no more than 10 minutes.(6) Recovery and Discharge.(A) Oxygen and suction equipment must be immediately available in the recovery area if a separate recovery area is utilized.(B) The qualified dentist must monitor the patient during recovery until the patient is ready for discharge by the dentist. The dentist may delegate this task to an appropriately qualified dental auxiliary.(C) The dentist must determine and document that the patient's level of consciousness, oxygenation, ventilation, and circulation are satisfactory prior to discharge. The dentist shall not leave the facility until the patient meets the criteria for discharge and is discharged from the facility.(D) Post-procedure verbal and written instructions must be given to the patient, parent, escort, guardian, or care-giver. Post-procedure, patients should be accompanied by an adult caregiver for an appropriate period of recovery.(7) Emergency Management. Because sedation is a continuum, it is not always possible to predict how an individual patient will respond. If a patient enters a deeper level of sedation than the dentist is qualified to provide, the dentist must stop the dental procedure until the patient returns to the intended level of sedation. The dentist is responsible for the sedative management, adequacy of the facility and staff, diagnosis and treatment of emergencies related to the administration of minimal sedation, and providing the equipment and protocols for patient rescue. A dentist must be able to rescue patients who enter a deeper state of sedation than intended.(8) Management of Children. For children twelve (12) years of age and under, the dentist should observe the American Academy of Pediatrics/American Academy of Pediatric Dentists Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures.(d) A dentist who holds a minimal sedation permit shall not intentionally administer moderate sedation, deep sedation, or general anesthesia.", "sourceNote": "Source Note: The provisions of this §110.4 adopted to be effective May 10, 2011, 36 TexReg 2833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168947", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.5", "label": "Moderate Sedation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168978", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Education and Professional Requirements.(1) A dentist applying for a Level 2 Moderate Sedation permit (limited to enteral route of administration) must satisfy at least one of the following educational/professional criteria:(A) satisfactory completion of a comprehensive training program consistent with that described for moderate enteral sedation in the American Dental Association (ADA) Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students. This includes a minimum of twenty-four (24) hours of instruction, plus management of at least ten (10) case experiences in enteral moderate sedation. These ten (10) case experiences must include at least three live clinical dental experiences managed by participants in groups of no larger than five (5). The remaining cases may include simulations and/or video presentations, but must include one experience in returning (rescuing) a patient from deep to moderate sedation; or(B) satisfactory completion of an advanced education program accredited by the ADA Commission on Dental Accreditation (CODA) that affords comprehensive and appropriate training necessary to administer and manage enteral moderate sedation, commensurate with the ADA's Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students; or(C) is a Texas licensed dentist who was issued an enteral sedation permit before June 1, 2011 and whose enteral sedation permit was active on June 1, 2011. Dentists in this category shall automatically have their permit reclassified as a Level 1 Minimal Sedation permit on June 1, 2011. A Texas licensed dentist whose permit is reclassified from an enteral sedation permit to a Level 1 Minimal Sedation permit on June 1, 2011 may continue to administer enteral sedation until January 1, 2013. On or before January 1, 2013, the dentist shall either provide proof that adequate education has been obtained by submitting an application for a Level 2 permit on or before that date, or shall comply with the requirements of a Level 1 permit after that date. A dentist shall always follow the standard of care and clinical requirements for the level of sedation he or she is performing.(2) A dentist applying for a Level 3 Moderate Sedation permit (inclusive of parenteral routes of administration) must satisfy at least one of the following educational/professional criteria:(A) satisfactory completion of a comprehensive training program consistent with that described for parenteral moderate sedation in the ADA Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students. This includes a minimum of sixty (60) hours of didactic training and instruction and satisfactory management of a minimum of twenty (20) dental patients, under supervision, using intravenous sedation; or(B) satisfactory completion of an advanced education program accredited by the ADA/CODA that affords comprehensive and appropriate training necessary to administer and manage parenteral moderate sedation, commensurate with the ADA's Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students; or(C) satisfactory completion of an internship or residency which included intravenous moderate sedation training equivalent to that defined in this subsection; or(D) is a Texas licensed dentist who had a current parenteral sedation permit issued by the Board and has been using parenteral sedation in a competent manner immediately prior to the implementation of this chapter on June 1, 2011. A Texas licensed dentist whose Board-issued permit to perform parenteral sedation is active on June 1, 2011 shall automatically have the permit reclassified as a Level 3 Moderate Sedation (inclusive of parenteral routes of administration) permit.(3) A dentist applying for a Level 2 or 3 Moderate Sedation permit must satisfy the following emergency management certification criteria:(A) Licensees holding moderate sedation permits shall document:(i) Current (as indicated by the provider), successful completion of Basic Life Support (BLS) for Healthcare Providers; AND(ii) Current (as indicated by the provider), successful completion of an Advanced Cardiac Life Support (ACLS) course, OR current (as indicated by the provider), successful completion of a Pediatric Advanced Life Support (PALS) course.(B) Licensees holding Level 2 or Level 3 Moderate Sedation permits who provide anesthesia services to children (age twelve (12) or younger) must document current, successful completion of a PALS course.(b) Standard of Care Requirements. A dentist must maintain the minimum standard of care as outlined in §108.7 of this title and in addition shall:(1) adhere to the clinical requirements as detailed in this section;(2) maintain under continuous personal supervision auxiliary personnel who shall be capable of reasonably assisting in procedures, problems, and emergencies incident to the use of moderate sedation;(3) maintain current certification in Basic Life Support (BLS) for Healthcare Providers for the assistant staff by having them pass a course that includes a written examination and a hands-on demonstration of skills; and(4) not supervise a Certified Registered Nurse Anesthetist (CRNA) performing a moderate sedation procedure unless the dentist holds a permit issued by the Board for the sedation procedure being performed.(c) Clinical Requirements.(1) Patient Evaluation. Patients considered for moderate sedation must be suitably evaluated prior to the start of any sedative procedure. In healthy or medically stable individuals (ASA I, II) this should consist of at least a review of the patient's current medical history and medication use. However, patients with significant medical considerations (ASA III, IV) may require consultation with their primary care physician or consulting medical specialist.(2) Pre-Procedure Preparation and Informed Consent.(A) The patient, parent, guardian, or care-giver must be advised regarding the procedure associated with the delivery of any sedative agents and must provide written, informed consent for the proposed sedation. The informed consent must be specific to the procedure being performed and must specify that the risks related to the procedure include cardiac arrest, brain injury, and death.(B) The dentist shall determine that an adequate oxygen supply is available and evaluate equipment for proper operation and delivery of adequate oxygen under positive pressure.(C) Baseline vital signs must be obtained in accordance with §108.7 and §108.8 of this title.(D) A focused physical evaluation must be performed as deemed appropriate.(E) Pre-procedure dietary restrictions must be considered based on the sedative technique prescribed.(F) Pre-procedure verbal or written instructions must be given to the patient, parent, escort, guardian, or care-giver.(3) Personnel and Equipment Requirements.(A) In addition to the dentist, at least one additional person trained in Basic Life Support (BLS) for Healthcare Providers must be present.(B) A positive-pressure oxygen delivery system suitable for the patient being treated must be immediately available.(C) When inhalation equipment is used, it must have a fail-safe system that is appropriately checked and calibrated. The equipment must also have either:(i) a functioning device that prohibits the delivery of less than 30% oxygen; or(ii) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm.(D) An appropriate scavenging system must be available if gases other than oxygen or air are used.(E) The equipment necessary to establish intravenous access must be available.(4) Monitoring. The dentist administering moderate sedation must remain in the operatory room to monitor the patient continuously until the patient meets the criteria for recovery. When active treatment concludes and the patient recovers to a minimally sedated level, the dentist may delegate a qualified dental auxiliary to remain with the patient and continue to monitor the patient until he/she is discharged from the facility. The dentist must not leave the facility until the patient meets the criteria for discharge and is discharged from the facility. Monitoring must include:(A) Consciousness. Level of consciousness (e.g., responsiveness to verbal command) must be continually assessed.(B) Oxygenation.(i) Color of mucosa, skin, or blood must be evaluated continually.(ii) Oxygen saturation must be evaluated by pulse-oximetry continuously.(C) Ventilation.(i) Chest excursions must be continually observed.(ii) Ventilation must be continually evaluated. This can be accomplished by auscultation of breath sounds, monitoring end-tidal CO2 or by verbal communication with the patient.(D) Circulation.(i) Blood pressure and heart rate must be continually evaluated.(ii) Continuous EKG monitoring of patients sedated under moderate parenteral sedation is required.(5) Documentation.(A) Documentation must be made in accordance with §108.7 and §108.8 of this title.(B) A written time-oriented anesthetic record must be maintained and must include the names and dosages of all drugs administered and the names of individuals present during administration of the drugs.(C) Pulse-oximetry, heart rate, respiratory rate, and blood pressure must be continually monitored and documented at appropriate intervals of no more than ten (10) minutes.(6) Recovery and Discharge.(A) Oxygen and suction equipment must be immediately available if a separate recovery area is utilized.(B) While the patient is in the recovery area, the dentist or qualified clinical staff must continually monitor the patient's blood pressure, heart rate, oxygenation, and level of consciousness.(C) The dentist must determine and document that the patient's level of consciousness, oxygenation, ventilation, and circulation are satisfactory for discharge. The dentist shall not leave the facility until the patient meets the criteria for discharge and is discharged from the facility.(D) Post-procedure verbal and written instructions must be given to the patient, parent, escort, guardian, or care-giver. Post-procedure, patients should be accompanied by an adult caregiver for an appropriate period of recovery.(E) If a reversal agent is administered before discharge criteria have been met, the patient must be monitored until recovery is assured.(7) Emergency Management.(A) The dentist is responsible for the sedation management, adequacy of the facility and staff, diagnosis and treatment of emergencies associated with the administration of moderate sedation, and providing the equipment and protocols for patient rescue. This includes immediate access to pharmacologic antagonists and equipment for establishing a patent airway and providing positive pressure ventilation with oxygen.(B) Advanced airway equipment and resuscitation medications must be available.(C) A defibrillator should be available when ASA I and II patients are sedated under moderate sedation. A defibrillator must be available when ASA III and IV patients are sedated under moderate sedation.(D) Because sedation is a continuum, it is not always possible to predict how an individual patient will respond. If a patient enters a deeper level of sedation than the dentist is qualified to provide, the dentist must stop the dental procedure until the patient returns to the intended level of sedation. The dentist administering moderate sedation must be able to recover patients who enter a deeper state of sedation than intended.(8) Management of Children. For children twelve (12) years of age and under, the dentist should observe the American Academy of Pediatrics/American Academy of Pediatric Dentists Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures.(d) A dentist who holds a moderate sedation permit shall not intentionally administer deep sedation or general anesthesia.", "sourceNote": "Source Note: The provisions of this §110.5 adopted to be effective May 10, 2011, 36 TexReg 2833; amended to be effective September 3, 2014, 39 TexReg 6857." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168978", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.6", "label": "Deep Sedation or General Anesthesia" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190802", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Education and Professional Requirements.(1) A dentist applying for a permit to administer deep sedation or general anesthesia must satisfy one of the following criteria:(A) satisfactory completion of an advanced education program accredited by the American Dental Association (ADA) Commission on Dental Accreditation (CODA) that affords comprehensive and appropriate training necessary to administer and manage deep sedation or general anesthesia; or(B) is a Texas licensed dentist who holds a current permit to administer deep sedation or general anesthesia issued by the Board and who has been using deep sedation or general anesthesia in a competent manner immediately prior to the implementation of this chapter on June 1, 2011. A Texas licensed dentist whose Board-issued permit to perform deep sedation or general anesthesia is active on June 1, 2011 shall automatically have the permit reclassified as a Level 4 Deep Sedation or General Anesthesia permit.(2) A dentist applying for a permit to administer deep sedation or general anesthesia must satisfy the following emergency management certification criteria:(A) Licensees holding deep sedation or general anesthesia permits shall document:(i) Current (as indicated by the provider), successful completion of Basic Life Support (BLS) for Healthcare Providers; AND(ii) Current (as indicated by the provider), successful completion of an Advanced Cardiac Life Support (ACLS) course, OR current (as indicated by the provider), successful completion of a Pediatric Advanced Life Support (PALS) course.(B) Licensees holding deep sedation or general anesthesia permits who provide anesthesia services to children (age twelve (12) or younger) must document current, successful completion of a PALS course.(b) Standard of Care Requirements. A dentist must maintain the minimum standard of care for the administration of anesthesia as outlined in §108.7 of this title and in addition shall:(1) adhere to the clinical requirements as detailed in this section;(2) maintain under continuous direct supervision a minimum of two qualified dental auxiliary personnel who shall be capable of reasonably assisting in procedures, problems, and emergencies incident to the use of deep sedation and/or general anesthesia;(3) maintain current certification in Basic Life Support (BLS) for Healthcare Providers for the assistant staff by having them pass a course that includes a written examination and a hands-on demonstration of skills; and(4) not supervise a Certified Registered Nurse Anesthetist (CRNA) performing a deep sedation/general anesthesia procedure unless the dentist holds a permit issued by the Board for the sedation procedure being performed.(c) Clinical Requirements.(1) Patient Evaluation. Patients considered for deep sedation or general anesthesia must be suitably evaluated prior to the start of any sedative procedure. In healthy or medically stable individuals (ASA I, II) this must consist of at least a review of their current medical history, medication use, and NPO status. However, patients with significant medical considerations (ASA III, IV) may require consultation with their primary care physician or consulting medical specialist.(2) Pre-Procedure Preparation and Informed Consent.(A) The patient, parent, guardian, or care-giver must be advised regarding the procedure associated with the delivery of any sedative or anesthetic agents and must provide written, informed consent for the proposed deep sedation or general anesthesia procedure. The informed consent must be specific to the deep sedation and/or general anesthesia procedure being performed and must specify that the risks related to the procedure include cardiac arrest, brain injury, and death.(B) The dentist shall determine that an adequate oxygen supply is available and evaluate equipment for proper operation and delivery of adequate oxygen under positive pressure.(C) Baseline vital signs must be obtained in accordance with §108.7 and §108.8 of this title.(D) A focused physical evaluation must be performed as deemed appropriate.(E) Pre-procedure dietary restrictions must be considered based on the sedative/anesthetic technique prescribed.(F) Pre-procedure verbal and written instructions must be given to the patient, parent, escort, guardian, or care-giver.(G) An intravenous line, which is secured throughout the procedure, must be established except as provided in paragraph (7) of this subsection, regarding Pediatric and Special Needs Patients.(3) Personnel and Equipment Requirements.(A) Personnel. A minimum of three (3) individuals must be present during the procedure:(i) a dentist who is qualified to administer the deep sedation or general anesthesia who is currently certified in ACLS and/or PALS; and(ii) two additional individuals who have current certification of successfully completing a course in Basic Life Support (BLS) for Healthcare Providers, one of which must be dedicated to assisting with patient monitoring.(B) Equipment.(i) A positive-pressure oxygen delivery system suitable for the patient being treated must be immediately available.(ii) When inhalation equipment is used, it must have a fail-safe system that is appropriately checked and calibrated. The equipment must also have either:(I) a functioning device that prohibits the delivery of less than 30% oxygen; or(II) an appropriately calibrated and functioning in-line oxygen analyzer with audible alarm.(iii) An appropriate scavenging system must be available if gases other than oxygen are used.(iv) The equipment necessary to establish intravenous access must be available.(v) Equipment and drugs necessary to provide advanced airway management and advanced cardiac life support must be immediately available.(vi) If volatile anesthetic agents are utilized, an inspired agent analysis monitor and capnograph should be considered.(vii) Emergency medications and a defibrillator must be immediately available.(4) Monitoring. A qualified dentist administering deep sedation or general anesthesia must remain in the operatory room to monitor the patient continuously until the patient meets the criteria for discharge to the recovery area. The dentist must not leave the facility until the patient meets the criteria for discharge and is discharged from the facility. Monitoring must include:(A) Oxygenation.(i) Color of mucosa, skin, or blood must be continually evaluated.(ii) Oxygenation saturation must be evaluated continuously by pulse oximetry.(B) Ventilation.(i) Intubated patient: End-tidal CO2 must be continuously monitored and evaluated.(ii) Non-intubated patient: Breath sounds via auscultation and/or end-tidal CO2 must be continually monitored and evaluated.(iii) Respiration rate must be continually monitored and evaluated.(C) Circulation.(i) Heart rate and rhythm via EKG and pulse rate via pulse oximetry must be evaluated throughout the procedure.(ii) Blood pressure must be continually monitored.(D) Temperature.(i) A device capable of measuring body temperature must be readily available during the administration of deep sedation or general anesthesia.(ii) The equipment to continuously monitor body temperature should be available and must be performed whenever triggering agents associated with malignant hyperthermia are administered.(5) Documentation.(A) Documentation must be made in accordance with §108.7 and §108.8 of this title and must include the names, times and dosages of all drugs administered and the names of individuals present during administration of the drugs.(B) A written time-oriented anesthetic record must be maintained.(C) Pulse oximetry and end-tidal CO2 measurements (if taken with an intubated patient), heart rate, respiratory rate, and blood pressure must be continually recorded at five (5) minute intervals.(6) Recovery and Discharge.(A) Oxygen and suction equipment must be immediately available if a separate recovery area is utilized.(B) The dentist or clinical staff must continually monitor the patient's blood pressure, heart rate, oxygenation, and level of consciousness.(C) The dentist must determine and document that the patient's level of consciousness, oxygenation, ventilation, and circulation are satisfactory prior to discharge. The dentist shall not leave the facility until the patient meets the criteria for discharge and is discharged from the facility.(D) Post-procedure verbal and written instructions must be given to the patient, parent, escort, guardian, or care-giver. Post-procedure, patients should be accompanied by an adult caregiver for an appropriate period of recovery.(7) Special Situations.(A) Special Needs Patients. Because many dental patients undergoing deep sedation or general anesthesia are mentally and/or physically challenged, it is not always possible to have a comprehensive physical examination or appropriate laboratory tests prior to administering care. When these situations occur, the dentist responsible for administering the deep sedation or general anesthesia shall document the reasons preventing the pre-procedure management.(B) Management of Children. For children twelve (12) years of age and under, the dentist should observe the American Academy of Pediatrics/American Academy of Pediatric Dentists Guidelines for Monitoring and Management of Pediatric Patients During and After Sedation for Diagnostic and Therapeutic Procedures.(8) Emergency Management.(A) The dentist is responsible for the sedation management, adequacy of the facility and staff, diagnosis and treatment of emergencies associated with the administration of deep sedation or general anesthesia, and providing the equipment and protocols for patient rescue. This includes immediate access to pharmacologic antagonists and equipment for establishing a patent airway and providing positive pressure ventilation with oxygen.(B) Advanced airway equipment, emergency medications and a defibrillator must be immediately available.(C) Appropriate pharmacologic agents must be immediately available if known triggering agents of malignant hyperthermia are part of the anesthesia plan.", "sourceNote": "Source Note: The provisions of this §110.6 adopted to be effective May 10, 2011, 36 TexReg 2833; amended to be effective September 3, 2014, 39 TexReg 6857." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190802", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.7", "label": "Portability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201231", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist who applies for the issuance or renewal of a sedation/anesthesia permit must include in the application a statement indicating whether the dentist provides or will provide a permitted sedation/anesthesia service in more than one location.(b) A dentist providing sedation/anesthesia services in more than one location remains responsible for providing these services in strict compliance with all applicable laws and rules. The dentist shall ascertain that the location is supplied, equipped, staffed, and maintained in a condition to support provision of sedation/anesthesia services that meet the standard of care.", "sourceNote": "Source Note: The provisions of this §110.7 adopted to be effective May 10, 2018, 43 TexReg 2777." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201231", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.9", "label": "Anesthesia Permit Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163159", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall renew an anesthesia/sedation permit biennially if required fees are paid and the required emergency management training and continuing education requirements are satisfied. The Board shall not renew an anesthesia/sedation permit if, after notice and opportunity for hearing, the Board finds the permit holder has provided, or is likely to provide, anesthesia/sedation services in a manner that does not meet the minimum standard of care. If a hearing is held, the Board shall consider factors including patient complaints, morbidity, mortality, and anesthesia consultant recommendations.(b) Fees. Biennial dental license renewal certificates shall include the biennial permit renewal, except as provided for in this section. The licensee shall be assessed a biennial renewal fee in accordance with the fee schedule in Chapter 102 of this title (relating to Fees).(c) Continuing Education.(1) In conjunction with the biennial renewal of a dental license, a dentist seeking to renew a minimal sedation, moderate sedation, or deep sedation/general anesthesia permit must submit proof of completion of the following hours of continuing education every two years on the administration of or medical emergencies associated with the permitted level of sedation:(A) Level 1: Minimal Sedation - six (6) hours;(B) Levels 2 and 3: Moderate Sedation - eight (8) hours; or(C) Level 4: Deep Sedation/General Anesthesia - twelve (12) hours.(2) The continuing education requirements under this section shall be in addition to any additional courses required for licensure. Advanced Cardiac Life Support (ACLS) course and Pediatric Advanced Life Support (PALS) course may not be used to fulfill the continuing education requirement for renewal of the permit under this section.(3) Continuing education courses must meet the provider endorsement requirements of §104.2 of this title (relating to Providers).(d) Anesthesia Jurisprudence Examination. A permit holder for nitrous oxide, level 1, level 2, level 3, or level 4 sedation/anesthesia must take and pass the online jurisprudence examination of Chapter 110 (relating to Anesthesia and Sedation), in conjunction with the jurisprudence examination requirement in §104.1 of this title (relating to Requirement), administered by the Board or an entity designated by the Board once every five years.", "sourceNote": "Source Note: The provisions of this §110.9 adopted to be effective May 10, 2011, 36 TexReg 2833; amended to be effective September 30, 2012, 37 TexReg 7485; amended to be effective September 3, 2014, 39 TexReg 6857; amended to be effective September 24, 2018, 43 TexReg 6277; amended to be effective October 1, 2020, 45 TexReg 6767." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163159", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.10", "label": "Use of General Anesthetic Agents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194460", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No dentist shall administer or employ the general anesthetic agent(s) listed in subsection (b) of this section, which has a narrow margin for maintaining consciousness, unless the dentist possesses a valid Level 4 - General Anesthesia or Deep Sedation permit issued by the Board.(b) The following drugs are general anesthesia agents with a narrow margin for maintaining consciousness and must only be used by a dentist holding a Level 4 - General Anesthesia or Deep Sedation permit:(1) short acting barbiturates including, but not limited to thiopental, sodium methohexital, and thiamylal;(2) short acting analogues of fentanyl including, but not limited to remifentanil, alfentanil, and sufentanil;(3) alkylphenols including precursors or derivatives, which includes, but not limited to propofol and fospropofol;(4) etomidate;(5) dissociative anesthetics - ketamine;(6) volatile inhalation anesthetics including, but not limited to sevoflurane, desflurane and isoflurane; and(7) similarly acting drugs or quantity of agent(s), or technique(s), or any combination thereof that would likely render a patient deeply sedated, generally anesthetized or otherwise not meeting the conditions of the definition of moderate sedation as stated in §110.1 of this chapter (relating to Definitions).(c) No permit holder shall have more than one person under general anesthesia at the same time exclusive of recovery.", "sourceNote": "Source Note: The provisions of this §110.10 adopted to be effective August 25, 2013, 38 TexReg 5262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194460", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.13", "label": "Required Preoperative Checklist for Administration of Nitrous Oxide and Levels 1, 2, 3, and 4 Sedation/Anesthesia" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194461", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist administering nitrous oxide or Level 1, 2, 3, or 4 sedation/anesthesia must create, maintain, and include in the patient's dental records required by §108.8 of this title (relating to Records of the Dentist) a document titled \"preoperative sedation/anesthesia checklist.\" The checklist must be completed prior to commencing a procedure for which the dentist will administer nitrous oxide or Level 1, 2, 3, or 4 sedation/anesthesia. The checklist may be paper or electronic.(b) A dentist delegating the administration of sedation/anesthesia to another provider in accordance with Texas Occupations Code §258.001(4), must maintain in the patient's dental records required by §108.8 of this title (relating to Records of the Dentist), a document titled \"preoperative sedation/anesthesia checklist.\" The checklist must be completed by the sedation/anesthesia provider, or by the dentist delegating the procedure with information provided by the sedation/anesthesia provider as necessary, prior to commencing a procedure for which the dentist has delegated another provider to administer the sedation/anesthesia. The checklist may be paper or electronic.(c) At a minimum, the preoperative checklist must include documentation of the following as applicable for each level of sedation/anesthesia administered, consistent with the requirements of §§110.3 - 110.6 of this chapter (relating to Sedation and Anesthesia):(1) Medical history, including documentation of the following:(A) review of patient medical history;(B) review of patient allergies;(C) review of patient surgical and/or anesthesia history;(D) review of family surgical and/or anesthesia history; and(E) review of patient medications and any modifications;(2) Confirmation that written and verbal preoperative and post-operative instructions were delivered to the patient, parent, legal guardian, or care-giver;(3) Medical consults, as needed;(4) Physical examination, including documentation of the following:(A) American Society of Anesthesiologists Physical Status Classification (ASA) classification;(B) NPO status; and(C) Preoperative vitals, including height, weight, blood pressure, pulse rate, and respiration rate;(5) Anesthesia-specific physical examination including documentation of the following as necessary for the level of sedation/anesthesia administered:(A) Airway assessment, including Mallampati score and/or Brodsky score as necessary for adequate patient evaluation; and(B) Ventilation and respiratory rate obtained through patient observation, auscultation, or capnography;(6) Confirmation of pre-procedure equipment readiness check;(7) Confirmation of pre-procedure treatment review (correct patient and procedure); and(8) Special preoperative considerations as indicated for sedation/anesthesia administered to pediatric or high risk patients.(d) The preoperative checklist must include documentation of the reason for omission of any items required by subsection (c) of this section.(e) The information required in subsection (c) of this section may be gathered at any time, but the dentist administering or delegating the administration of sedation/anesthesia must verify that the information is current and correct prior to the administration of sedation/anesthesia.", "sourceNote": "Source Note: The provisions of this §110.13 adopted to be effective May 10, 2018, 43 TexReg 2777; amended to be effective March 20, 2019, 44 TexReg 1440." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194461", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.14", "label": "Emergency Preparedness Policies and Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194462", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Occupations Code §258.1557, all permit holders, including nitrous oxide/oxygen inhalation sedation permit holders, must develop written emergency preparedness policies and procedures specific to the permit holder's practice setting that establish a plan for the management of medical emergencies in each practice setting in which the dentist administers sedation/anesthesia.(b) The emergency preparedness policies and procedures must include written protocols, policies, procedures, and training requirements specific to the permit holder's equipment and drugs for responding to emergency situations involving sedation/anesthesia, including information specific to respiratory emergencies.(c) The permit holder must annually review the emergency preparedness policies and procedures to determine whether an update is necessary. The permit holder must maintain documentation of the dates of the emergency preparedness policies and procedures' creation, the most recent update, and the most recent annual review.(d) Policies and procedures developed by all permit holders must include basic life support protocols, advanced cardiac life support rescue protocols, and/or pediatric advanced cardiac life support rescue protocols if treating pediatric patients, consistent with the requirements of §§110.3 - 110.6 of this chapter (relating to Sedation and Anesthesia), as applied to the permit holder.(e) Policies and procedures developed by all permit holders must include, at a minimum, the following documents:(1) Specific protocols for response to a sedation/anesthesia emergency, including specific protocols for advanced airway management techniques;(2) Staff training log, documenting staff training in emergency prevention, recognition, and response on at least an annual basis;(3) Emergency drug log documenting annual reviews for assurance of unexpired supply;(4) Equipment readiness log indicating annual reviews for assurance of function of the equipment required by §110.15 of this chapter (relating to Prevention of and Response to Sedation/Anesthesia Emergencies); and(5) Individual office staff roles and responsibilities in response to an emergency, including roles and responsibilities specific to a response to a respiratory emergency.(f) All policies and procedures described in subsections (c), (d), and (e) of this section must be reviewed and updated at least annually, and must be reviewed and updated as soon as possible after the permit holder obtains a higher permit level. Permit holders must maintain versions of the policies and procedures described in subsections (c), (d), and (e) of this section for at least two years after the creation or update of the policies and procedures.", "sourceNote": "Source Note: The provisions of this §110.14 adopted to be effective May 10, 2018, 43 TexReg 2778; amended to be effective March 20, 2019, 44 TexReg 1441." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194462", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.15", "label": "Prevention of and Response to Sedation/Anesthesia Emergencies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192234", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Occupations Code §258.1556, the Board establishes minimum emergency preparedness standards and requirements for the administration of sedation/anesthesia.(b) Consistent with the requirements of §§110.3 - 110.6 of this chapter (relating to Sedation and Anesthesia), as applicable to the procedure, at any time a permit holder administers sedation/anesthesia the permit holder must have immediately available:(1) an adequate and unexpired supply of drugs and anesthetic agents, including but not limited to pharmacologic antagonists and resuscitative drugs appropriate for the type of sedation/anesthesia administered;(2) an automated external defibrillator, as defined by Section 779.001 of the Texas Health and Safety Code;(3) a positive pressure ventilation device;(4) supplemental oxygen; and(5) appropriate monitors and equipment for the type of sedation/anesthesia administered, including but not limited to:(A) stethoscope;(B) sphygmomanometer or automatic blood pressure monitor;(C) pulse oximeter when required by §§110.4, 110.5, or 110.6 of this chapter (relating to Sedation and Anesthesia);(D) an oxygen delivery system with adequate full face masks and appropriate connectors that is capable of delivering high flow oxygen to the patient under positive pressure, together with an adequate backup system;(E) suction equipment which permits aspiration of the oral and pharyngeal cavities and a backup suction device which will function in the event of a general power failure;(F) a lighting system which permits evaluation of the patient's skin and mucosal color and a backup lighting system of sufficient intensity to permit completion of any operation underway in the event of a general power failure; and(G) capnograph, size-and-shape appropriate advanced airway device, intravenous fluid administration equipment, and/or electrocardiogram, when required by §§110.3, 110.4, 110.5, or 110.6 of this chapter (relating to Sedation and Anesthesia).(c) A permit holder who is administering sedation/anesthesia for which a Level 4 permit is required must use capnography during the administration of the sedation/anesthesia, as required by Texas Occupations Code §258.1555.(d) Each permit holder must conduct an emergency drug inspection for assurance of unexpired supply at least annually. Documentation of emergency drug inspections must be maintained in the permit holder's emergency drug log, required by §110.14 of this chapter (relating to Emergency Preparedness Policies and Procedures).(e) Each permit holder must conduct an equipment inspection for assurance of function at least annually. Documentation of equipment inspections must be maintained in the permit holder's equipment readiness log, required by §110.14 of this chapter.", "sourceNote": "Source Note: The provisions of this §110.15 adopted to be effective May 10, 2018, 43 TexReg 2778; amended to be effective March 20, 2019, 44 TexReg 1442." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192234", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.16", "label": "Sedation/Anesthesia of High-Risk Patients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195552", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this rule, the following definitions apply:(1) \"High-risk patient\" means a patient who has a level 3 or 4 classification according to the American Society of Anesthesiologists Physical Status Classification System (ASA).(2) \"Board-approved education program\" means an in-person or online program provided by a recognized continuing education provider pursuant to Board rule 22 TAC §104.2 of this title (relating to Providers) and any subsequent amendments.(b) For the purposes of this chapter, ASA classifications are defined as follows:(1) ASA I: a normal healthy patient.(2) ASA II: a patient with mild systemic disease.(3) ASA III: a patient with severe systemic disease.(4) ASA IV: a patient with severe systemic disease that is a constant threat to life.(c) On or after September 1, 2019, a permit holder may not administer sedation/anesthesia under a level 2, level 3, or level 4 permit to a high-risk patient unless the permit holder has completed the requirements of paragraph (1) or (2) of this subsection. Permit holders must have:(1) completed a university or hospital-based residency at least 12 months in length. All permit holders completing a university or hospital-based residency after September 1, 2019, must confirm that during the residency, the permit holder completed satisfactory management of sedation/anesthesia in at least ten (10) cases involving high-risk patients sedated/anesthetized at the highest level of permit held. At least five (5) of the cases must involve the hands-on administration of sedation/anesthesia as the primary provider. No more than five (5) cases may be observed. The ten (10) cases must involve either live patients and/or high-fidelity emergency sedation/anesthesia simulations; or(2) completed a board-approved education program that includes a minimum of sixteen (16) hours of didactic training and instruction in sedation/anesthesia of high-risk patients. The entire board-approved education program, including all didactic and clinical requirements, must be completed within a two-year period of beginning the Board-approved program. Successful completion of the program must include passing an evaluation to demonstrate satisfactory completion of the course requirements. Didactic education must include:(A) pre-anesthetic patient assessment/evaluation for medically compromised and geriatric patients;(B) physical evaluation and medical history of high-risk patients, including obesity, pregnancy, and obstructive sleep apnea syndrome, cardiovascular disease, metabolic or genetic disorders, hematologic disorders, and other systemic diseases/conditions affecting sedation/anesthesia;(C) high-risk patient anatomical and/or physiological differences;(D) medical consultations;(E) high-risk respiratory assessment, including airway anatomy, physiology, and management;(F) informed consent by patient, parent, or guardian;(G) sedation/anesthesia pharmacology;(H) sedation/anesthesia management of patients identified with special health care needs;(I) high-risk patient monitoring;(J) peri-operative complications and emergencies;(K) emergency management of high-risk patients, including high-risk anesthesia equipment and resuscitation supplies;(L) sedation/anesthesia technique;(M) sedation/anesthesia record keeping;(N) patient recovery and discharge;(O) appropriate patient selection; and(P) permit holders shall have completed satisfactory management of sedation/anesthesia in at least ten (10) cases involving high-risk patients sedated/anesthetized at the highest level of permit held. At least five (5) of the cases must involve the hands-on administration of sedation/anesthesia as the primary provider. No more than five (5) cases may be observed. The ten (10) cases must involve either live patients and/or high-fidelity emergency sedation/anesthesia simulations. All of the cases must be performed and documented under the on-site instruction and direct supervision of a licensed dentist authorized to administer sedation/anesthesia to high-risk patients.(d) A permit holder is authorized to administer sedation/anesthesia under a level 2, level 3, or level 4 permit to a high-risk patient if they have completed the requirements above and have requested and received authorization from the Board to administer sedation/anesthesia to high-risk patients. Board staff shall promulgate appropriate forms for permit holders qualifying under subsection (c)(1) and (c)(2) of section. The permit holder must attest to their advanced training satisfying the requirements of subsection (c)(1) or (c)(2) of this section, and will be required to produce proof of completion as part of a permit inspection or an investigation of a complaint involving sedation/anesthesia of a high-risk patient.(e) The education hours described in subsection (c)(2) of this section can be applied towards the permit holder's continuing education requirement for maintaining a sedation/anesthesia permit.(f) If qualifying under subsection (c)(2) of this section, the didactic and clinical training described in subsection (c)(2) of this section may not be fulfilled by the same didactic and clinical training used to fulfill the requirements for initial sedation/anesthesia permit issuance.", "sourceNote": "Source Note: The provisions of this §110.16 adopted to be effective September 24, 2018, 43 TexReg 6277." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195552", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.17", "label": "Sedation/Anesthesia of Pediatric Patients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214983", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this rule, the following definitions apply:(1) \"Pediatric patient\" means a patient younger than 13 years of age.(2) \"Board-approved education program\" means an in-person or online program provided by a recognized continuing education provider pursuant to §104.2 of this title (relating to Providers) and any subsequent amendments.(b) On or after September 1, 2019, a permit holder may not administer sedation/anesthesia under a level 2, level 3, or level 4 permit to a pediatric patient unless the permit holder has completed the requirements of paragraphs (1) or (2) of this subsection. Permit holders must have:(1) completed a university or hospital-based residency at least 12 months in length. All permit holders completing a university or hospital-based residency after September 1, 2019, must confirm that during the residency, the permit holder completed satisfactory management of sedation/anesthesia involving pediatric patients sedated/anesthetized at the highest level of permit held. The cases must include: (i) at least three (3) live cases in which the permit holder is the primary sedation/anesthesia provider, or (ii) at least fifteen (15) cases involving pediatric patients sedated/anesthetized where no more than seven (7) cases are observed on live patients or high-fidelity sedation simulators, and at least eight (8) cases are performed as part of a hands-on high-fidelity sedation simulation center or program; or(2) completed a board-approved education program that includes a minimum of sixteen (16) hours of didactic training and instruction in sedation/anesthesia of pediatric patients. The entire board-approved education program, including all didactic and clinical requirements, must be completed within a two-year period of beginning the Board-approved program. Successful completion of the program must include passing an evaluation to demonstrate satisfactory completion of the course requirements. Didactic education must include:(A) pre-anesthetic patient assessment/evaluation for pediatric patients;(B) physical evaluation and medical history of pediatric patients, including obesity, limited neck mobility, micro/retrognathia, macroglossia, Mallampati score, and limited oral opening;(C) pediatric anatomical and physiological differences;(D) pediatric respiratory assessment, including airway anatomy, physiology, and management;(E) informed consent by parent, guardian, or care-giver;(F) sedation/anesthesia pharmacology;(G) sedation/anesthesia management of pediatric patients;(H) pediatric patient monitoring;(I) peri-operative complications and emergencies;(J) emergency management of pediatric patients, including pediatric anesthesia equipment and resuscitation supplies;(K) sedation/anesthesia technique;(L) sedation/anesthesia record keeping;(M) patient recovery and discharge;(N) pediatric case selection and reference behavior scale; and(O) permit holders shall have completed satisfactory management of sedation/anesthesia involving pediatric patients sedated/anesthetized at the highest level of permit held. All of the cases must be performed and documented under the on-site instruction and direct supervision of a licensed dentist authorized to administer sedation/anesthesia to pediatric patients. The cases must include: (i) at least three (3) live cases in which the permit holder is the primary sedation/anesthesia provider, or (ii) at least fifteen (15) cases involving pediatric patients sedated/anesthetized where no more than seven (7) cases are observed on live patients or high-fidelity sedation simulators, and at least (8) cases are performed as part of a hands-on high-fidelity sedation simulation center or program.(c) A permit holder is authorized to administer sedation/anesthesia under a level 2, level 3, or level 4 permit to a pediatric patient if they have completed the requirements above and have requested and received authorization from the Board to administer sedation/anesthesia to pediatric patients. Board staff shall promulgate appropriate forms for permit holders qualifying under subsection (b)(1) and (b)(2) of this section. The permit holder must attest to their advanced training satisfying the requirements of subsection (b)(1) or (b)(2) of this section, and will be required to produce proof of completion as part of a permit inspection or an investigation of a complaint involving sedation/anesthesia of a pediatric patient.(d) The education hours described in subsection (b)(2) of this section can be applied towards the permit holder's continuing education requirement for maintaining a sedation/anesthesia permit.(e) If qualifying under subsection (b)(2) of this section, the didactic and clinical training described in subsection (b)(2) of this section may not be fulfilled by the same didactic and clinical training used to fulfill the requirements for initial sedation/anesthesia permit issuance.", "sourceNote": "Source Note: The provisions of this §110.17 adopted to be effective September 24, 2018, 43 TexReg 6278; amended to be effective June 12, 2019, 44 TexReg 2839." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214983", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "110", "label": "SEDATION AND ANESTHESIA" }, "rule": { "number": "§110.18", "label": "Inspection of Sedation/Anesthesia Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224408", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may conduct inspections to enforce Chapter 110 of this title (relating to Sedation and Anesthesia), including inspections of a licensee, an office site, equipment, a facility, and any document required by Board rules. The inspections shall not identify violations outside the applicable sedation/anesthesia rules in effect for each permit level at the time of the inspection. The Board may employ Board staff or contract with another state agency or qualified person to conduct these inspections.(b) Unless it would jeopardize an ongoing investigation, the Board shall provide at least ten business days' notice before conducting an on-site inspection under this section.(c) Regardless of issue date, all level 2, 3 and 4 permit holders will be subject to at least one inspection prior to September 1, 2022. All level 2, 3, and 4 permit holders who received their initial permit after March 1, 2018, must be inspected within a year of receiving their permit.(d) Compliance/Tier 1 inspections: The initial inspection will be a compliance inspection, in which a Board staff member will evaluate the permit holder's compliance with the Board's rules through completing a checklist and auditing one sedation/anesthesia record of the inspector's choosing that was completed prior to the date the Board notified the licensee of the inspection. The record shall be of treatment for the highest level of sedation/anesthesia permit held by the permit holder, and will apply the Board rules in effect at the time the patient was treated. The inspector shall be a member of Board staff and will receive training in recognizing the checklist requirements and in evaluating sedation/anesthesia records. If the inspection results in the identification of a violation of the Board's rules found in Chapter 110, the permit holder must immediately cease providing sedation/anesthesia services until satisfactory proof is provided to Board staff that the violation has been corrected. Board staff shall provide contact information for both an inspector and supervisor of the inspector so that the permit holder may provide proof of remediation as soon as possible. Any violation of this cease and desist requirement shall represent grounds for disciplinary action. A failure by Board staff to respond within two business days to permit holder's satisfactory proof of remediation shall represent an affirmative defense to disciplinary action. Additionally, the permit holder shall pay an amount of not more than five hundred dollars ($500.00) as necessary to cover the expenses of additional review and inspection by Board staff as a result of any violations identified during the initial inspection. If, after a completed Compliance/Tier 1 inspection, the only violation(s) identified by Board staff relate to the time-interval recording requirements contained in the inspection items numbered 3 and 4 of the \"Patient Record Audit\" portion of the attached graphic \"Anesthesia Levels 2-4 Inspection Form\" for this section, then the violation(s) may be remedied by the Respondent through the execution of a sworn affidavit provided by Board staff. The Respondent's affidavit must attest that the Respondent shall observe the requirements of the applicable sedation/anesthesia rule sections requiring time interval recording for each permit level the Respondent holds. The inspection checklist can be previewed here:Attached Graphic(e) Risk-based/Tier 2 inspections: A permit holder with a violation on a compliance/tier 1 inspection that is not remedied within thirty (30) days shall be referred to a risk-based inspection. Additionally, a Board member sitting on an informal settlement conference panel pursuant to Tex. Occ. Code §263.0072 may refer a permit holder to a risk-based inspection. The risk-based inspection will include the same factors as a compliance inspection, as well as a competency evaluation consisting of an audit of five sedation/anesthesia records of the inspector's choosing. The records shall be of treatment records for the highest level of sedation/anesthesia permit held by the permit holder, and shall apply the Board rules in effect at the time the patient was treated. Review of the five sedation/anesthesia records shall be performed by members of the Board's dental review panel process pursuant to Tex. Occ. Code §255.0065 who currently hold the same or higher level of sedation/anesthesia permit. The dental review panel reviewer shall prepare a report and note any violations or concerns with the permit holder's competency, and the report shall be reviewed following the procedure described in Tex. Occ. Code §255.0067. Any violation found during the risk-based inspection may result in the filing of a complaint and complaint resolution pursuant to the Board's informal disposition process in §107.63 of this title (relating to Informal Disposition and Mediation). The Executive Committee of the Board may order the emergency temporary suspension of a permit if the risk-based inspection reveals evidence of a clear, imminent, or continuing threat to the health or well-being of the public.(f) Inactive status: A permit holder may forego an inspection if they submit a notarized, Board-issued affidavit that they will not administer levels 2, 3, or 4 sedation/anesthesia until first notifying the Board in writing that they wish to resume those activities. A permit holder must complete a compliance/Tier 1 inspection prior to resuming the administration of sedation/anesthesia at the inactive permit level. The permit holder must comply with continuing education and any other permit requirements during this time. During the period of inactive status, a permit holder may not delegate any inactive-status level of sedation/anesthesia to a certified registered nurse anesthetist or any other dental or medical professional except a dentist with a permit issued by the Board for the procedure being performed or a physician anesthesiologist licensed by the Texas Medical Board. If the permit holder is later found to have administered or delegated the administration of level 2, 3, or 4 sedation/anesthesia while in inactive status, the Board may pursue revocation of their dental license.(g) Exempt-location status: The Board shall not inspect a level 2, 3, or 4 permit holder who provides those services exclusively in a state-licensed hospital or state-licensed ambulatory surgery center. The permit holder must attest to that fact with a notarized, Board-issued affidavit and may not provide those services at a non-exempt location until first notifying the Board in writing and successfully completing a compliance/Tier 1 inspection. During the period of exempt-location status, a permit holder may not delegate the administration of any level of sedation/anesthesia to a dental or medical professional outside a state-licensed hospital or state-licensed ambulatory surgery center. If they are later found to have administered or delegated the administration of level 2, 3, or 4 sedation/anesthesia in a non-exempt location, the Board may pursue revocation of their dental license.(h) Group practice inspections. The Board shall permit group practices to request an inspection of all permit holders in a single location during one inspection visit. Permit holders shall inform Board staff upon receiving notice of an inspection their wish to receive a combined group practice inspection, and Board staff shall accommodate this request as feasible while ensuring a group inspection shall not jeopardize an ongoing investigation. Board staff shall ensure that group practice inspection requests do not create unnecessary delays to the completion of the inspection process and may decline the request as needed to ensure timely completion of all scheduled inspections.", "sourceNote": "Source Note: The provisions of this §110.18 adopted to be effective September 24, 2018, 43 TexReg 6280; amended to be effective June 12, 2019, 44 TexReg 2840; amended to be effective September 5, 2023, 48 TexReg 4857." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224408", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "111", "label": "STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS" }, "rule": { "number": "§111.1", "label": "Additional Continuing Education Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181548", "queryAsDate": "03/11/2026" }, "ruleBody": "Effective beginning September 1, 2020, each dentist who is permitted by the Drug Enforcement Agency (or any subsequent permitting authority authorized by state and federal law) to prescribe controlled substances must complete 2 hours of continuing education related to approved procedures of prescribing and monitoring controlled substances as outlined in paragraphs (1) - (2) of this section. These 2 hours of continuing education may be used to satisfy the recordkeeping continuing education requirements of §104.1 of this title (relating to Continuing Education Requirements). After completing the initial requirement, a dentist may, no more than once annually, take the course under this section to fulfill hours toward the recordkeeping continuing education requirement.(1) For dentists who are authorized to prescribe controlled substances on or after September 1, 2020, the 2 hours of required continuing education must be completed not later than the first anniversary after the person is issued an authorization to prescribe.(2) For dentists who have surrendered the permit or authorization to prescribe controlled substances or have their permit or authorization to prescribe controlled substances revoked by any administrative, civil, or criminal proceeding, the requirements of paragraph (1) of this section shall apply to any new permit or authorization granted on or after September 1, 2020, regardless of whether the dentist previously satisfied the requirements of this section.", "sourceNote": "Source Note: The provisions of this §111.1 adopted\r\nto be effective December 25, 2016, 41 TexReg 9932; amended to be effective\r\nDecember 15, 2019, 44 TexReg 7697; amended to be effective March 13,\r\n2025, 50 TexReg 1821." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181548", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "111", "label": "STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS" }, "rule": { "number": "§111.2", "label": "Self-query of Prescription Monitoring Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197341", "queryAsDate": "03/11/2026" }, "ruleBody": "Each dentist who is permitted by the Drug Enforcement Agency to prescribe controlled substances shall annually conduct a minimum of one self-query regarding the issuance of controlled substance through the Prescription Monitoring Program of the Texas State Board of Pharmacy.", "sourceNote": "Source Note: The provisions of this §111.2 adopted to be effective December 25, 2016, 41 TexReg 9933." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197341", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "111", "label": "STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS" }, "rule": { "number": "§111.3", "label": "Prescription Monitoring by the Dentist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190034", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to prescribing or dispensing opioids, benzodiazepines, barbiturates, or carisoprodol, a dentist shall access the patient's prescription drug history report through the Texas State Board of Pharmacy's Prescription Monitoring Program (PMP) Clearinghouse. Failure to do so is grounds for disciplinary action.(b) The act described above in subsection (a) of this section may be performed by an employee or other agent of the dentist acting at the direction of the dentist so long as that employee or agent acts in compliance with HIPAA and the employee or agent only accesses information related to a particular patient of the dentist. The dentist is responsible for any unauthorized access by an employee or other agent.(c) Exceptions: the act described above in subsection (a) of this section is not necessary if the patient has been diagnosed with cancer or is receiving hospice care and that status is clearly noted in the patient's record.(d) It is not violation if the dentist makes a good faith attempt to comply with subsection (a) of this section but is unable to because circumstances outside the dentist's control and those circumstances are clearly noted in the patient's record.(e) A dentist may not disclose or use the information obtained through the PMP Clearinghouse in a manner not authorized by Texas Health and Safety Code Chapter 481 or other applicable law. Improper disclosure or use of the information obtained from the PMP Clearinghouse may represent grounds for discipline under Texas Occupations Code §263.002(a)(3) and (a)(10), and the Board shall apply discipline pursuant to §107.206 of this title (relating to Public Actions of the Board) and the Board's disciplinary matrix.(f) The requirement contained in subsection (a) of this section is effective on March 1, 2020, in accordance with H.B. 3284 of the 86th Texas Legislature.", "sourceNote": "Source Note: The provisions of this §111.3 adopted to be effective March 18, 2018, 43 TexReg 1436; amended to be effective December 15, 2019, 44 TexReg 7698." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190034", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "111", "label": "STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS" }, "rule": { "number": "§111.4", "label": "Prescription Monitoring by the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216962", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall promulgate specific guidelines for dentists for the responsible prescribing of opioids, benzodiazepines, barbiturates, or carisoprodol.(b) The Board shall periodically access a dentist's prescription information through the Prescription Monitoring Program to determine whether they are engaging in potentially harmful prescribing patterns or practices. This determination will be based on:(1) the number of times a dentist prescribes opioids, benzodiazepines, barbiturates, or carisoprodol; and(2) patterns of prescribing combinations of those drugs and other dangerous combinations identified by the Texas State Board of Pharmacy.(c) The Board shall notify a dentist if the agency discovers that the dentist may be engaging in potentially harmful prescribing patterns or practices.(d) The Board may open a complaint against a dentist if the agency finds evidence during a periodic check that the dentist is engaging in conduct that violates any laws or rules related to the practice of dentistry.(e) This rule is effective on September 1, 2019, in accordance with H.B. 2561 of the 85th Texas Legislature.", "sourceNote": "Source Note: The provisions of this §111.4 adopted to be effective March 18, 2018, 43 TexReg 1436." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216962", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "111", "label": "STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS" }, "rule": { "number": "§111.5", "label": "Electronic Prescribing Waivers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "159616", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective January 1, 2021, the Board shall issue an electronic prescribing waiver to dentists who submit a waiver request form.(b) The dentist must demonstrate circumstances necessitating a waiver from the electronic prescribing requirement, which include:(1) economic hardship. Economic hardship shall be determined on a case by case basis, taking into account factors including:(A) any special situational factors affecting either the cost of compliance or the ability to comply;(B) the likely impact of compliance on profitability or viability; and(C) the availability of measures that would mitigate the economic impact of compliance;(2) technological limitations not reasonably within the control of the dentist; or(3) other exceptional circumstances demonstrated by the dentist. Exceptional circumstances include, but are not limited to, prescribing fewer than twenty-five prescriptions per year.(c) The dentist must attest to the circumstances necessitating a waiver as described in subsection (b) of this section.(d) The waiver shall be issued for a period of one year. A dentist may reapply for a subsequent waiver not earlier than the 30th day before the date the waiver expires if the circumstances that necessitated the waiver continue.", "sourceNote": "Source Note: The provisions of this §111.5 adopted to be effective December 31, 2020, 45 TexReg 9511; amended to be effective March 7, 2024, 49 TexReg 1462." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "159616", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "112", "label": "VISUAL DENTAL HEALTH INSPECTIONS" }, "rule": { "number": "§112.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "159615", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Visual Dental Health Inspection--An inspection made by students engaged in a formal education program in dentistry or dental hygiene or by health care workers, other than dentists, dental hygienists, dental assistants, physicians and physician assistants.(2) Limited Oral Evaluation--A non-comprehensive evaluation of an individual who is not a patient of record made by a licensed dentist for the following limited purposes:(A) screening for symptoms of oral cancer; and/or(B) evaluating minors or members of underserved populations for current or potential dental problems.(3) Dental instruments--Any device used by dentists to examine, diagnose or treat patients, or any device used by dental hygienists to treat patients, that may be used in an invasive manner under normal circumstances.(4) Diagnosis--The translation of data gathered by clinical and radiographic examination into an organized, classified definition of the conditions present.(5) Health care worker--A person who furnishes health care services in direct patient care situations under a license, certificate, or registration issued by the state.(6) Invasive manner--A procedure resulting in surgical entry into tissues, cavities, or organs or the manipulation, cutting or removal of any oral or perioral tissue, including tooth structure.", "sourceNote": "Source Note: The provisions of this §112.1 adopted to be effective April 16, 2000, 25 TexReg 3250; amended to be effective December 16, 2012, 37 TexReg 9641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "159615", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "112", "label": "VISUAL DENTAL HEALTH INSPECTIONS" }, "rule": { "number": "§112.2", "label": "Visual Dental Health Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "159617", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A visual dental health inspection is performed as a group activity taking place in a school or other institutional setting for the purpose of making a gross assessment of the dental health status of group members, at no cost to the members. It is cursory and does not involve the use of dental instruments, though use of gloves, tongue depressors and intra oral lighting is encouraged. Further, it does not involve making a diagnosis, providing treatment, or treatment planning. Individuals performing visual dental health inspections in accordance with this chapter do not engage in the practice of dentistry if the inspection process is limited to recognizing when tissue does not appear normal and encouraging the member to appoint with a licensed Texas dentist.(b) A visual dental health inspection may be performed by:(1) a dentist, dental student, dental hygienist or dental hygiene student to conduct research or for educational purposes in the field of dentistry or dental hygiene; or(2) dentists or dental hygienists employed by the State of Texas Department of State Health Services (DSHS), Department of Aging and Disability (DADS), or by any public health dentist or dental hygienist employed by any other state, county, of city health department for the purposes of oral health surveillance, oral health program planning, or epidemiological surveys required by state or federal agencies.(c) A visual dental health inspection performed under subsection (b) of this section is performed for the purpose of making a gross assessment of the dental health status of group members, at no cost to the members. It does not involve making a diagnosis, providing treatment, or treatment planning.", "sourceNote": "Source Note: The provisions of this §112.2 adopted to be effective April 16, 2000, 25 TexReg 3250; amended to be effective December 16, 2012, 37 TexReg 9641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "159617", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "112", "label": "VISUAL DENTAL HEALTH INSPECTIONS" }, "rule": { "number": "§112.3", "label": "Limited Oral Evaluation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=127804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "127804", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule shall not be construed to prohibit a registered dental hygienist from collecting clinical data in conjunction with a licensed dentist's limited oral evaluation under this rule.(b) This rule shall not be construed to prohibit a registered dental hygienist or a dental assistant with the appropriate certificate from applying sealants in conjunction with a limited oral evaluation performed by a licensed dentist under this rule.(c) This rule shall not be construed to prohibit a registered dental hygienist or a dental assistant from applying fluoride varnish in conjunction with a limited oral evaluation performed by a licensed dentist under this rule.(d) A limited oral evaluation is performed by a licensed dentist in conjunction with a federal, state, county, or city government healthcare program, a non-profit organization, or an educational institution. It is a non-diagnostic, non-comprehensive evaluation of an individual who is not a patient of record made for the limited purpose of screening for symptoms of oral cancer and/or evaluating minors or underserved populations for current or potential dental problems.(e) A limited oral evaluation must be provided at no cost to the patient or any third party. The evaluation must result in a written assessment of findings that is provided to the patient and retained by the dentist or entity qualifying under subsection (d) of this section.(f) A limited oral evaluation is exempt from the requirements of the minimum standard of care for a comprehensive examination in §108.7 of this title (relating to Minimum Standard of Care, General) and §108.8 of this title (relating to Records of the Dentist), except as required by this rule. The dentist must obtain written, informed consent as to the limited nature and non-diagnostic results of the evaluation from the patient or his/her parent or guardian. The dentist must provide a copy of the written informed consent and the results of the evaluation to the patient or his/her parent or guardian. The written informed consent must clearly evidence the name of the evaluating dentist, the patient's name, and the date of evaluation.(g) A limited oral evaluation shall not be performed for business promotion or patient solicitation purposes. A dentist performing a limited oral evaluation must comply with all rules and laws governing professional conduct and business promotion. Following the evaluation, the dentist may recommend or refer the patient to a dentist for follow-up examination.(h) Either the dentist or the entity qualifying under subsection (d) of this section shall retain a copy of the written informed consent and the results of the evaluation for five years from the date of the evaluation.", "sourceNote": "Source Note: The provisions of this §112.3 adopted to be effective December 16, 2012, 37 TexReg 9642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=127804&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "127804", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "113", "label": "REQUIREMENTS FOR DENTAL OFFICES" }, "rule": { "number": "§113.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224409", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in reference to this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) X-ray equipment--An x-ray system, subsystem, or component thereof including portable, hand-carried or stationary x-ray machines or devices.(2) X-ray laboratory--A facility, space or area in which x-ray equipment is used to create a radiograph.", "sourceNote": "Source Note: The provisions of this §113.1 adopted to be effective November 5, 2006, 31 TexReg 8833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224409", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "113", "label": "REQUIREMENTS FOR DENTAL OFFICES" }, "rule": { "number": "§113.2", "label": "X-Ray Laboratories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213023", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All dental licensees, including dentists, dental hygienists or other dental auxiliaries shall comply with Title 25 Texas Administrative Code §289.232 (Radiation Control Regulations for Dental Radiation Machines) as promulgated by the Texas Department of State Health Services Radiation Control Program or its successor.(b) All dental x-ray laboratories operating in this state must be under the general supervision of a Texas licensed dentist.", "sourceNote": "Source Note: The provisions of this §113.2 adopted to be\r\neffective November 5, 2006, 31 TexReg 8833; amended to be effective\r\nMarch 13, 2025, 50 TexReg 1821." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213023", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.1", "label": "Permitted Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190806", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist may delegate to a dental assistant the authority to perform only acts or procedures that are reversible. An act or procedure that is reversible is capable of being reversed or corrected.(b) A dentist may not delegate or otherwise authorize a dental assistant to perform any task for which a certificate or additional training is required under this section, unless the dental assistant holds the required certificate or has obtained the additional training.(c) A dental assistant may perform tasks under a dentist's general or direct supervision. For the purposes of this section:(1) \"General supervision\" means that the dentist employs or is in charge of the dental assistant and is responsible for supervising the services to be performed by the dental assistant. The dentist may or may not be present on the premises when the dental assistant performs the procedures.(2) \"Direct supervision\" means that the dentist employs or is in charge of the dental assistant and is physically present in the office when the task is performed. Physical presence does not require that the supervising dentist be in the treatment room when the dental assistant performs the service as long as the dentist is in the dental office.(d) The dentist shall remain responsible for any delegated act.(e) The clinical tasks that a dental assistant can perform under general supervision are limited to:(1) the making of dental x-rays in compliance with the Occupations Code, §265.001; and(2) the provision of interim treatment of a minor emergency dental condition to an existing patient of the treating dentist in accordance with the Occupations Code, §265.003(a-1). For purposes of this paragraph only, \"existing patient\" means a patient that the supervising dentist has examined in the twelve (12) months prior to the interim treatment. A treating dentist who delegates the provision of interim treatment of a minor emergency condition to a dental assistant shall schedule a follow-up appointment with the patient within 30 days. It is not a violation if the dentist makes a good faith attempt to schedule a follow-up appointment with the patient within 30 days but is unable to because of circumstances outside the dentist's control and those circumstances are clearly noted in the patient's record.", "sourceNote": "Source Note: The provisions of this §114.1 adopted to be effective February 20, 1992, 17 TexReg 1095; amended to be effective December 3, 1997, 22 TexReg 11679; amended to be effective May 10, 2004, 29 TexReg 4479; amended to be effective November 27, 2005, 30 TexReg 7743; amended to be effective February 2, 2010, 35 TexReg 635; amended to be effective December 28, 2014, 39 TexReg 10015; amended to be effective March 18, 2018, 43 TexReg 1437; amended to be effective March 16, 2023, 48 TexReg 1448." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190806&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190806", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.2", "label": "Registration of Dental Assistants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190038", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dental assistant may not position or expose dental x-rays unless the dental assistant holds a dental assistant radiology certificate issued by the State Board of Dental Examiners under this section.(b) To be eligible for a dental assistant radiology certificate under this section, an applicant must present on or accompanying an application form approved by the State Board of Dental Examiners proof satisfactory to the Board that the applicant has:(1) Paid all application, examination and licensing fees required by law and Board rules and regulations;(2) Graduated from an accredited high school or holds a certificate of high school equivalency, General Equivalency Diploma (GED);(3) Submitted fingerprints for the retrieval of criminal history record information;(4) Successfully completed a current hands-on course in basic life support; and,(5) Either:(A) taken and passed a course of instruction and an examination administered by the State Board of Dental Examiners or its designated agent, that fulfills the requirements in subsection (h) of this section; or,(B) if the applicant is certified as a dental assistant by the Dental Assisting National Board, taken and passed a jurisprudence examination administered by the State Board of Dental Examiners or its designated agent.(c) The State Board of Dental Examiners has established a staggered dental assistant registration system comprised of initial registration periods followed by biennial registrations (i.e., renewals). The initial, staggered registration periods will range from 18 months to 30 months. The length of the initial registration period will be determined by the registrant's birth month, but will be no less than 18 months. The expiration of the initial registration will be based on the registrants' birth month.(d) Subsequent to the initial registration period, a registered dental assistant's biennial renewal will occur on the first day of the month that follows the last month of the dental assistant initial registration period.(1) Approximately 60 days prior to the expiration date of the initial dental assistant registration period, renewal notices will be mailed to all registered dental assistants who have that expiration date.(2) A dental assistant registered under this section who wishes to renew his or her registration must:(A) Pay a renewal fee set by Board rule;(B) Submit proof that the applicant has successfully completed a current hands-on course in basic life support; and,(C) Complete continuing education as required by §114.12 of this chapter.(3) A registration expired for one year or more may not be renewed.(4) Up to 6 hours of continuing education may be carried forward from the year preceding the current renewal period.(e) Applications for registration or for renewal of registration must be submitted to the office of the State Board of Dental Examiners.(f) An application for registration is filed with the State Board of Dental Examiners when it is actually received, date-stamped, and logged-in by the State Board of Dental Examiners along with all required documentation and fees. An incomplete application for registration and fee will be returned to applicant within three working days with an explanation of additional documentation or information needed.(g) A dental assistant shall display a current registration certificate in each office where the dental assistant provides services for which registration is required by this chapter. When a dental assistant provides such services at more than one location, a duplicate registration certificate issued by the Board may be displayed. Photocopies are not acceptable. The duplicate may be obtained from the State Board of Dental Examiners for a fee set by the Board.(h) Radiology. Courses administered to fulfill the requirements of a Dental Assistant Radiology Certificate must cover the following course objectives identified by the Dental Assistant Advisory Committee:(1) At the end of this course of instruction, the student should be able to:(A) Apply principles of radiation safety in the operation of radiographic equipment.(i) Explain factors affecting x-ray production.(ii) Explain x-ray machine factors that influence radiation safety.(iii) Identify differences between primary radiation and scattered (secondary) radiation.(iv) Describe protocol in suspected x-ray machine malfunctions.(B) Practice safety measures for patient protection.(i) Explain major cause of unnecessary radiation exposure.(ii) Identify short and long-term effects of radiation on cells and tissues.(iii) Identify ways to reduce radiation exposure to patients.(iv) Explain guidelines to determine frequency of radiation exposure.(C) Practice safety measures for operator protection.(i) Explain basic radiation physics and biology related to operator exposure.(ii) Explain sources of radiation to operators while exposing radiographs.(iii) Identify safety measures to reduce operator radiation exposure.(D) Identify and select infection control techniques and barriers to minimize cross-contamination according to ADA/CDC guidelines.(E) Utilize patient management techniques before, during, and after radiographic exposure.(i) Address patient concerns regarding radiation exposure.(ii) Select appropriate patient management techniques for radiographic exposure.(F) Select appropriate intraoral radiographic technique.(i) Identify appropriate armamentarium for radiographic techniques.(ii) Select appropriate film size and film speed.(iii) Expose radiographs.(G) Practice infection control procedures for radiographic processing.(H) Prepare, maintain, and replenish radiographic solutions for manual and automatic processors.(I) Process exposed intra- and extraoral radiographs manually and with automatic processors.(i) Identify optimum conditions and procedures for processing radiographs.(ii) Identify and correct errors related to radiographic processing and improper film handling.(J) Store film and chemical agents used in radiographic procedures according to regulatory guidelines.(K) Dispose of all chemical agents and other materials used in dental radiographic procedures.(L) Mount radiographs using facial view.(i) Identify anatomical landmarks to aid in correct mounting.(ii) Match specific tooth views to specified tooth mount windows.(iii) Utilize optimum viewing techniques.(iv) Label the radiographic mount appropriately.(M) Identify anatomical structures, dental materials and patient characteristics observed on radiographs.(N) Evaluate radiographs for diagnostic value.(i) Identify diagnostically acceptable radiographs.(ii) Identify and correct causes of errors on intraoral radiographs.(O) Understand basic principles of extraoral radiology.(P) Select the appropriate film and equipment.(Q) Prepare patient for exposure.(R) Expose extraoral radiographs.(S) Identify and correct causes of errors on extraoral radiographs.(T) Explain the concept of digital radiography.(U) Select appropriate equipment.(V) Expose digital radiographs.(W) Identify and correct causes of errors on digital radiographs.(X) Utilize quality assurance procedures in the dental office for radiographic procedures.(Y) Prepare radiographs to comply with legal requirements for viewing and duplication.(i) Explain methods for duplicating radiographs.(ii) Explain reasons for exposing and retaining radiographs.(Z) Comply with HIPAA/Patient Privacy Rules and Regulations.(2) Infection control. At the end of this course of instruction, the student should be able to:(A) Follow standards and guidelines of occupational safety for dental office personnel.(i) Utilize regulations in the OSHA/CDC Bloodborne Pathogens Standard.(ii) Utilize regulations in the OSHA/CDC Hazard Communication Standard.(B) Identify infectious diseases in the dental setting and available immunizations.(C) Prevent cross-contamination and disease transmission in the dental setting.(i) Perform proper hand washing.(ii) Use disposable items whenever possible.(iii) Utilize barrier techniques and personal protective equipment (PPE).(D) Perform disinfection procedures.(i) Select appropriate PPE.(ii) Select, prepare and use chemical agents following manufacturer's directions.(iii) Prepare surfaces for disinfection.(iv) Disinfect the treatment room, darkroom, instrument processing area, and all associated equipment.(E) Perform sterilization procedures.(i) Select appropriate PPE.(ii) Prepare dental instruments and equipment for sterilization.(iii) Apply appropriate method for sterilization of dental instruments, equipment and supplies.(iv) Label and store all instruments properly.(v) Monitor effectiveness of sterilization process for dental instruments, equipment and supplies.(F) Maintain infection control of dental unit and equipment.(G) Practice safety measures when handling all hazardous materials.(i) Identify and dispose of biohazardous waste.(ii) Identify and dispose of non-regulated waste.(iii) Identify and manage potential chemical and physical hazards in accordance with MSDS sheets.(H) Practice infection control in handling and transporting dental items.(i) Select appropriate PPE.(ii) Identify conditions for potential cross-contamination.(iii) Select and apply appropriate disinfectant.(iv) Label biohazardous material.(I) Utilize and maintain a quality assurance program for infection control throughout the dental setting.(3) Jurisprudence. At the end of this course of instruction, the student should be able to:(A) State the mission, philosophy and composition of the State Board of Dental Examiners.(B) Differentiate between the Texas Occupations Code and the rules of the State Board of Dental Examiners.(C) Comply with Texas law and the rules of the State Board of Dental Examiners as they relate to dental assistant duties.(i) This subsection as well as subsections (j) and (k) of this section apply to certificates issued on or after September 1, 2009. A dental assistant who holds a certificate of registration issued under this chapter shall display the person's current certificate of registration in each office in which the person makes dental x-rays. If the person makes dental x-rays at more than one location, the person may display a duplicate of the original registration certificate obtained from the Board on payment of a duplicate certificate fee set by the Board.(j) A dental assistant who holds a certificate of registration issued under this chapter shall timely notify the Board of:(1) any change of address of the registrant's place of business;(2) any change of the registrant's employer; and(3) any change of the registrant's mailing address.(k) The Board may issue a registration to a dental assistant applicant who is a Military service member, Military veteran, or Military spouse in compliance with §101.6 of this title (relating to Dental Licensing for Military Service Members, Military Veterans and Military Spouses).(l) An applicant for registration is ineligible if they are in violation of a board order at the time of application.", "sourceNote": "Source Note: The provisions of this §114.2 adopted to be effective May 10, 2004, 29 TexReg 4479; amended to be effective November 5, 2006, 31 TexReg 8834; amended to be effective February 2, 2010, 35 TexReg 635; amended to be effective December 10, 2013, 38 TexReg 8833; amended to be effective May 10, 2018, 43 TexReg 2778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190038", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.3", "label": "Pit and Fissure Sealant" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193779", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) \"Didactic education\" requires the presentation and instruction of theory and scientific principles.(2) \"Clinical education\" requires providing care to patient(s) under the direct supervision of a dentist or dental hygienist instructor.(3) \"Direct Supervision\" requires that the instructor responsible for the procedure shall be physically present during patient care and shall be aware of the patient's physical status and well-being.(b) In addition to application of pit and fissure sealants a dental assistant who meets the requirements in this section may use a rubber prophylaxis cup and appropriate polishing materials to cleanse the occlusal and smooth surfaces of teeth that will be sealed or to prepare teeth for application of orthodontic bonding resins. Cleansing is intended only to prepare the teeth for the application of sealants or bonding resins and should not exceed the amount needed to do so.(c) The dentist may not bill for a cleansing provided hereunder as a prophylaxis.(d) A Texas-licensed dentist may delegate the application of pit and fissure sealants to a dental assistant if the dental assist has:(1) at least two years of experience as a dental assistant;(2) successfully completed a current course in basic life support; and(3) completed a minimum of 8 hours of education that includes clinical and didactic education in pit and fissure sealants taken through a CODA-accredited dental, dental hygiene, or dental assistant program approved by the Board whose course of instruction includes:(A) infection control;(B) cardiopulmonary resuscitation;(C) treatment of medical emergencies;(D) microbiology;(E) chemistry;(F) dental anatomy;(G) ethics related to pit and fissure sealants;(H) jurisprudence related to pit and fissure sealants; and(I) the correct application of sealants, including the actual clinical application of sealants.(e) Application of pit and fissure sealants must be in accordance with the minimum standard of care and limited to the dental assistant's scope of practice.(f) The dental assistant must comply with the Dental Practice Act and Board Rules in the application of pit and fissure sealants. Pursuant to §258.003 of the Dental Practice Act, the delegating dentist is responsible for all dental acts delegated to a dental assistant, including application of pit and fissure sealant.", "sourceNote": "Source Note: The provisions of this §114.3 adopted to be effective December 30, 2001, 26 TexReg 10572 ; amended to be effective effective May 10, 2004, 29 TexReg 4479; amended to be effective November 27, 2005, 30 TexReg 7744; amended to be effective February 2, 2010, 35 TexReg 638; amended to be effective March 18, 2018, 43 TexReg 1437." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193779", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.4", "label": "Monitoring the Administration of Nitrous Oxide" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218299", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Previous Nitrous Oxide Monitoring Certificate Holders.(1) Until September 1, 2019, the State Board of Dental Examiners shall issue a \"nitrous oxide monitoring registration\" to a dental assistant who holds a current nitrous oxide monitoring certificate issued by the board before that date and who meets the continuing education requirements established by the board under 22 TAC §114.12 (relating to Continuing Education for Certificate Holders). These persons will not be required to meet the requirements of subsection (d) of this section to obtain or renew the nitrous oxide monitoring registration. A nitrous oxide monitoring registration must be renewed biennially in accordance with the requirements of Tex. Occ. Code §265.0017 and 22 TAC §114.2(d) (relating to Registration of Dental Assistants).(2) Beginning on September 1, 2019, the board shall cease issuing nitrous oxide monitoring registrations to any person who does not comply with the provisions of subsection (d) of this section. Persons who have obtained a nitrous oxide monitoring registration under paragraph (a)(1) of this subsection may continue to practice and renew their nitrous oxide monitoring registrations. Nitrous oxide monitoring registrations which have been expired more than one year may not be renewed, and instead shall require qualification under subsection (d) of this section.(b) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) \"Dental industry professional organization\" any organization, the primary mission of which is to represent and support dentists, dental hygienists, and/or dental assistants.(2) \"Didactic education\" requires the presentation and instruction of theory and scientific principles.(3) \"Direct Supervision\" requires that the dentist responsible for the procedure shall be physically present during patient care and shall be aware of the patient's physical status and well-being.(c) A Texas-licensed dentist may delegate the monitoring of the administration of nitrous oxide to a dental assistant, if the dental assistant:(1) works under the direct supervision of the licensed dentist; and(2) holds a current nitrous oxide monitoring registration granted by the provisions of this rule.(d) A dental assistant wishing to obtain nitrous oxide monitoring registration under this section must:(1) pay an application fee set by board rule; and(2) on a form prescribed by the board, provide proof that the applicant has:(A) a dental assistant registration issued by the board pursuant to 22 TAC §114.2 that is not expired and is not under probated or enforced suspension;(B) successfully completed a current course in basic life support; and(C) completed a minimum of 8 hours of didactic education and testing in monitoring the administration of nitrous oxide taken through a CODA-accredited dental, dental hygiene or dental assisting program, approved by the board, whose course of instruction includes:(i) Texas jurisprudence, including but not limited to: anesthesia standard of care, anesthesia/analgesia, enteral conscious sedation, and this rule, regarding monitoring the administration of nitrous oxide;(ii) dental anatomy and physiology;(iii) pharmacology;(iv) sedation equipment;(v) infection control;(vi) patient monitoring; and(vii) recognition and management of medical emergencies.(e) The jurisprudence assessment may be completed to satisfy the requirements set out in subsection (d)(2)(C)(i) of this section.(f) A program seeking to offer a course in monitoring the administration of nitrous oxide must submit a written request for approval to the board demonstrating that it meets the requirements set forth in subsection (d)(2)(C) of this section. Additionally, all courses must include a mandatory competency evaluation with a minimum of 50 test items. Course documentation must be maintained by the course provider for no less than three years.(g) Approved courses may be offered at annual meetings of dental industry professional organizations.(h) Courses taken to satisfy the requirements of this section are valid for five (5) years from the date of course completion for nitrous oxide monitoring registration purposes.(i) Applicants for nitrous oxide monitoring registration under this rule are ineligible if they are in violation of a board order at the time of application.", "sourceNote": "Source Note: The provisions of this §114.4 adopted to be effective February 25, 2007, 32 TexReg 627; amended to be effective January 3, 2019, 43 TexReg 8594." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218299", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.5", "label": "Coronal Polishing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225926", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Coronal polishing\" means the removal of plaque and extrinsic stain from exposed natural and restored tooth surfaces using an appropriate rotary instrument with rubber cup or brush and polishing agent. This includes the use of a toothbrush.(b) A Texas-licensed dentist may delegate coronal polishing to a dental assistant, if the dental assistant:(1) works under the direct supervision of the licensed dentist; and(2) meets the education requirements in subsection (c) of this section.(c) To perform coronal polishing, a dental assistant must have either:(1) graduated from a dental assisting program accredited by the Commission on Dental Accreditation of the American Dental Association (CODA) that includes specific didactic course work and clinical training in coronal polishing; or(2) completed a minimum of eight (8) hours of clinical and didactic education in coronal polishing taken through a dental school, dental hygiene school, or dental assisting program accredited by CODA. A dental assistant must have at least one-year experience as a dental assistant before applying to a CODA program to obtain coronal polishing education. The education must include courses on:(A) oral anatomy and tooth morphology relating to retention of plaque and stain;(B) indications, contraindications, and complications of coronal polishing;(C) principles of coronal polishing, including armamentarium, operator and patient positioning, technique, and polishing agents;(D) infection control procedures;(E) polishing coronal surfaces of teeth; and(F) jurisprudence relating to coronal polishing.(d) The delegated duty of polishing by a dental assistant may not be billed as a prophylaxis.(e) Coronal polishing must be in accordance with the minimum standard of care and limited to the dental assistant's scope of practice.(f) The dental assistant must comply with the Dental Practice Act and Board Rules in the act of coronal polishing. Pursuant to §258.003 of the Dental Practice Act, the delegating dentist is responsible for all dental acts delegated to a dental assistant, including coronal polishing.", "sourceNote": "Source Note: The provisions of this §114.5 adopted to be effective February 2, 2010, 35 TexReg 639; amended to be effective December 14, 2015, 40 TexReg 8888; amended to be effective March 18, 2018, 43 TexReg 1438; amended to be effective May 23, 2024, 49 TexReg 3564." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225926", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.6", "label": "General Qualifications for Registration or Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218300", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person who desires to provide dental assistant services requiring registration or certification must obtain the proper registration or certification issued by the Board before providing the services, except as provided in Texas Occupations Code §265.001(d) and §114.11 of this chapter.(b) Any applicant for registration or certification must meet the requirements of this chapter.(c) To be eligible for registration or certification, an applicant must provide with an application form approved by the Board satisfactory proof to the Board that the applicant:(1) has fulfilled all requirements for registration or certification outlined in this chapter;(2) has met the requirements of §101.8 of this title (relating to Persons with Criminal Backgrounds);(3) has not had any disciplinary action taken in this state or any other jurisdiction;(4) has successfully completed a current course in basic life support;(5) has taken and passed the jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(6) has paid all application, examination and fees required by law and Board rules and regulations; (7) has completed a course in human trafficking prevention approved by the executive commissioner of the Texas Health and Human Services Commission; and (8) has submitted a National Practitioner Data Bank self-query report upon initial registration or certification. The report results must remain in the original sealed envelope.(d) Applications for dental assistant registration and certification must be delivered to the office of the State Board of Dental Examiners.(e) An application for dental assistant registration or certification is filed with the Board when it is actually received, date-stamped, and logged-in by the Board along with all required documentation and fees. An incomplete application will be returned to the applicant with an explanation of additional documentation or information needed.(f) The Board may refuse to issue registration or certificate or may issue a conditional registration or certificate to any individual who does not meet the requirements of subsections (c)(2) or (c)(3) of this section, or who:(1) presents to the Board fraudulent or false evidence of the person's qualification for registration or certification;(2) is guilty of any illegality, fraud, or deception during the process to secure a registration or certification;(3) is habitually intoxicated or is addicted to drugs;(4) commits a dishonest or illegal practice in or connected to dentistry;(5) is convicted of a felony under federal law or law of this state; or(6) is found to have violated a law of this state relating to the practice of dentistry within the 12 months preceding the date the person filed an application for a registration or certification.(g) If the Board chooses to issue a conditional registration or certificate, the individual may be required to enter into an agreed settlement order with the Board at the time the registration or certificate is issued.(1) The order may include limitations including, but not limited to, practice limitations, stipulations, compliance with court ordered conditions, notification to employer or any other requirements the Board recommends to ensure public safety.(2) In the event an applicant is uncertain whether he or she is qualified to obtain a dental assistant registration or certification due to criminal conduct, the applicant may request a Criminal History Evaluation Letter in accordance with §114.9 of this chapter, prior to application.(3) Should the individual violate the terms of his or her conditional registration or certificate, the Board may take additional disciplinary action against the individual.(h) An applicant whose application is denied by the Board may appeal the decision to the State Office of Administrative Hearings.(i) An individual whose application for dental assistant registration/certification is denied is not eligible to file another application for registration/certification until the expiration of one year from the date of denial or the date of the Board's order denying the application for registration/certification, whichever date is later.", "sourceNote": "Source Note: The provisions of this §114.6 adopted to be\r\neffective December 22, 2010, 35 TexReg 11255; amended to be effective\r\nDecember 28, 2014, 39 TexReg 10016; amended to be effective September\r\n30, 2021, 46 TexReg 6405; amended to be effective March 16, 2023,\r\n48 TexReg 1449; amended to be effective August 28, 2025, 50 TexReg\r\n5470." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218300", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.7", "label": "Exemption from Licensure for Certain Military Service Members and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director of the Texas State Board of Dental Examiners must authorize a qualified military service member or military spouse to perform delegated permitted duties as a dental assistant in Texas without obtaining a registration in accordance with §55.0041(a), Texas Occupations Code. This authorization to perform delegated permitted duties is valid during the time the military service member or, with respect to a military spouse, the military service member to whom the military spouse is married is stationed at a military installation in Texas, but is not to exceed three years.(b) In order to receive authorization to perform delegated permitted duties the military service member or military spouse must:(1) hold an active registration to perform delegated permitted duties as a dental assistant in another state, territory, Canadian province, or country that:(A) has registration requirements that are determined by the board to be substantially equivalent to the requirements for registration in Texas; and(B) is not subject to any restriction, disciplinary order, probation, or investigation;(2) notify the board of the military service member or military spouse's intent to perform delegated permitted duties in Texas on a form prescribed by the board; and(3) submit proof of the military service member or military spouse's residency in this state, a copy of the military service member or military spouse's military identification card, and proof of the military service member's status as an active duty military service member as defined by §437.001(1), Texas Government Code (relating to Definitions).(c) While authorized to perform delegated permitted duties as a dental assistant in Texas, the military service member or military spouse shall comply with all other laws and regulations applicable to the practice of dentistry in Texas.(d) The board has 30 days from the date a military service member or military spouse submits the information required by subsection (b) of this section to:(1) verify that the member or spouse is active and in good standing in a jurisdiction that has registration requirements that are substantially equivalent to the registration requirements in Texas; and(2) issue an authorization recognizing the registration as the equivalent registration in this state.(e) In the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse received the authorization described by subsection (d) of this section. A similar event includes the death of the military service member or the military service member's discharge from the military.(f) This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.", "sourceNote": "Source Note: The provisions of this §114.7 adopted to be effective June 25, 2020, 45 TexReg 4201; amended to be effective May 23, 2024, 49 TexReg 3565." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216963", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.8", "label": "Retired Registration Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145601", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application.(1) A holder of a valid and current Texas dental assistant registration may apply to the Board to have the registration placed on retired status.(2) A registered dental assistant must apply to the Board for retired status, on a form prescribed by the Board, before the expiration date of the person's Texas registration.(3) The Board shall deny a request to place a registration on retired status if there are any current or pending complaints or disciplinary actions against the registered dental assistant.(b) Reinstatement. The Board may reinstate a retired Texas dental assistant registration to active status, provided the registered dental assistant submits an application for reinstatement on a form prescribed by the Board, pays the appropriate fees due at the time application is made, and meets the requirements of this subsection.(1) A registered dental assistant who, at the time of application for reinstatement, is practicing as a registered dental assistant in another state, or territory outside of the United States, or had practiced as a registered dental assistant actively within the two years immediately preceding the date of application, shall provide:(A) verification of registration and disciplinary history from all state board(s) of dentistry where the registered dental assistant has held a registration;(B) proof of active practice within the two years preceding the application;(C) proof that the registered dental assistant has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(D) proof of successful completion of a current hands-on course in basic life support;(E) proof of completion of 6 hours of continuing education, taken within the 12 months preceding the date the application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by §114.12 of this chapter (relating to Continuing Education for Certificate Holders); and(F) proof of submission of fingerprints for the retrieval of criminal history record information.(2) A registered dental assistant who has not actively practiced for at least two years immediately preceding the request for reinstatement of a retired registration shall provide:(A) verification of registration and disciplinary history from all state board(s) of dentistry where the registered dental assistant has held a registration;(B) proof that the registered dental assistant has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(C) proof of successful completion of a current hands-on course in basic life support;(D) proof of completion of 12 hours of continuing education, of which a minimum of 6 hours must be clinical (hands-on). All hours must have been taken within the 12 months preceding the date the application is received by the Board and shall be taken in accordance with the requirements for continuing education as mandated by §114.12 of this chapter; and(E) proof of submission of fingerprints for the retrieval of criminal history record information.(3) A registered dental assistant who applies to reenter active practice must comply with all other applicable provisions of the Dental Practice Act and Board rules.(4) A registered dental assistant who applies to reenter active practice must have been in compliance or satisfied all conditions of any Board order that may have been in effect at the time retired status was granted.(5) The Board may, in its discretion as necessary to safeguard public health and safety, require compliance with other reasonable conditions in considering a request to reenter active practice.", "sourceNote": "Source Note: The provisions of this §114.8 adopted to be effective March 7, 2024, 49 TexReg 1462." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145601", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.9", "label": "Criminal History Evaluation Letter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148186", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person enrolled or planning to enroll in an educational program that prepares the person for initial certification as a dental assistant and who has reason to believe that he or she may be ineligible for licensure due to a conviction or deferred adjudication for a felony or a misdemeanor offense, may petition the Board for a Criminal History Evaluation Letter.(b) The requestor must submit a petition that includes:(1) a statement by the requestor indicating the reason(s) and basis of potential ineligibility;(2) any applicable court documents including, but not limited to, indictments, orders of deferred adjudication, judgments, probation records and evidence of completion of probation;(3) any other documentation requested by the Board; and(4) the required fee.(c) An investigation of the requestor's eligibility shall be conducted.(d) If the Board determines that a ground for ineligibility does not exist, it shall notify the requestor in writing of the Board's determination on each ground of potential ineligibility.(e) If the Board determines that the requestor is ineligible for a license, it shall issue a letter setting out each basis for potential ineligibility and the Board's determination as to eligibility. In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the Board at the time the letter is issued, the Board's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter.(f) The Board shall provide notice under subsection (d) of this section or issue a letter under subsection (e) of this section no later than the ninetieth (90th) day after the date the Board receives the request.(g) The Board shall charge a person requesting an evaluation a fee not to exceed $100.00 to cover the cost of administering this section. The fee shall be non-refundable.", "sourceNote": "Source Note: The provisions of this §114.9 adopted to be effective May 19, 2010, 35 TexReg 3814." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148186", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.10", "label": "Dishonorable Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=127808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "127808", "queryAsDate": "03/11/2026" }, "ruleBody": "The dishonorable conduct section is intended to protect the public from dangerous, unethical, and illegal conduct of licensees and registrants. The purpose of this section is to identify unprofessional or dishonorable behaviors of a dental assistant which the Board believes are likely to pose a threat to the public. Actual injury to a patient need not be established for a dental assistant to be in violation of this section. Behavior constituting dishonorable conduct includes, but is not limited to:(1) Criminal conduct--including but not limited to conviction of a misdemeanor involving fraud or a felony under federal law or the law of any state as outlined in Chapter 101 of this title.(2) Deception or misrepresentation--engages in deception or misrepresentation:(A) in soliciting or obtaining patronage; or(B) in obtaining a fee.(3) Fraud in obtaining a license, registration, or certification--obtains a registration or certification by fraud or misrepresentation or participates in a conspiracy to procure a license, registration, or certification for an unqualified person.(4) Misconduct involving drugs or alcohol--actions or conduct that include, but are not limited to:(A) providing dental services to a patient while the dental assistant is impaired through the use of drugs, narcotics, or alcohol;(B) addicted to or habitually intemperate in the use of alcoholic beverages or drugs; or(C) improperly obtained, possessed, or used habit-forming drugs or narcotics.(5) Failure to comply with applicable laws, rules, regulations, and orders--violates or refuses to comply with a law relating to the regulation of dentists, dental hygienists, or dental assistants; fails to cooperate with a Board investigation; or fails to comply with the terms of a Board Order.(6) Inability to practice safely--is physically or mentally incapable of practicing in a manner that is safe for the person's dental patients.(7) Discipline of a licensee or registrant by another state board--holds a license, registration, or certificate to practice dentistry, dental hygiene, or dental assisting in another state and the examining board of that state:(A) reprimands the person;(B) suspends or revokes the person's license, registration, or certificate or places the person on probation; or(C) imposes another restriction on the person's practice.(8) Unprofessional conduct--engages in conduct that has become established through professional experience as likely to disgrace, degrade, or bring discredit upon the licensee/registrant or the dental profession.", "sourceNote": "Source Note: The provisions of this §114.10 adopted to be effective September 14, 2010, 35 TexReg 8347." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=127808&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "127808", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.11", "label": "Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224410", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dental assistant will not be considered to be positioning, exposing, or otherwise making dental x-rays if the dental assistant only performs radiological procedures:(1) In the course of training or for other educational purposes; and,(2) Is at all times under the direct supervision of the employer dentist.(b) A dental assistant performing radiological procedures under this section in the course of on-the-job training may only do so for a period of one year.", "sourceNote": "Source Note: The provisions of this §114.11 adopted to be effective September 21, 2004, 29 TexReg 9005; amended to be effective November 5, 2006, 31 TexReg 8834." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224410", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.12", "label": "Continuing Education for Certificate Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216964", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To renew a certificate of registration issued under this chapter, a dental assistant must complete twelve (12) hours of continuing education biennially in areas covering dental assistant duties. At least six (6) of these twelve (12) hours must be clinical continuing education.(b) A dental assistant may fulfill the continuing education requirement through board-approved self-study, interactive computer courses, or lecture courses. All continuing education must be offered by providers approved under 22 Texas Administrative Code §104.2.(c) As a prerequisite to the renewal of a dental assistant's certificate of registration, a course in human trafficking prevention approved by the executive commissioner of the Texas Health and Human Services Commission must be completed.", "sourceNote": "Source Note: The provisions of this §114.12 adopted to be\r\neffective February 2, 2010, 35 TexReg 640; amended to be effective\r\nSeptember 24, 2018, 43 TexReg 6281; amended to be effective December\r\n31, 2020, 45 TexReg 9512; amended to be effective March 13, 2025,\r\n50 TexReg 1822." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216964", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.13", "label": "Reinstatement of a Cancelled Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213026", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board may reinstate a cancelled Texas dental assistant registration to active status, provided the registered dental assistant submits an application for reinstatement on a form prescribed by the Board, pays the appropriate fees due at the time application is made, and meets the requirements of this section.(1) An applicant who, at the time of application for reinstatement, is practicing as a registered dental assistant in another state, or territory outside of the United States, and has practiced as a registered dental assistant actively within the two years immediately preceding the date of application, shall provide:(A) verification of registration and disciplinary history from all state board(s) of dentistry where the registered dental assistant has held a registration;(B) proof of active practice within the two years preceding the application;(C) proof that the registered dental assistant has taken and passed the Texas jurisprudence assessment administered by the Board or an entity designated by the Board within one year immediately prior to application;(D) proof of successful completion of a current hands-on course in basic life support;(E) proof of completion of 12 hours of continuing education, taken within the 12 months preceding the date the application is received by the Board. All hours shall be taken in accordance with the requirements for continuing education as mandated by §114.12 of this chapter (relating to Continuing Education for Certificate Holders); and(F) proof of submission of fingerprints for the retrieval of criminal history record information.(2) An applicant whose registration has been expired for one year or more, who has not actively practiced for at least two years immediately preceding the request for reinstatement of a cancelled registration, must submit proof that the applicant:(A) has taken and passed a course of instruction and an examination approved by the Board or its designated agent; or(B) if the applicant is certified as a dental assistant by the Dental Assisting National Board (DANB), has taken and passed a jurisprudence examination administered by the Board or its designated agent.(3) An applicant who applies to reinstate a cancelled registration must comply with all other applicable provisions of the Dental Practice Act and Board rules.(4) An applicant who applies to reinstate a cancelled registration must have been in compliance or satisfied all conditions of any Board order that may have been in effect at the time the registration was cancelled.(5) The Board may, in its discretion as necessary to safeguard public health and safety, require compliance with other reasonable conditions in considering a request to reinstate a cancelled registration.", "sourceNote": "Source Note: The provisions of this §114.13 adopted to be effective March 7, 2024, 49 TexReg 1463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213026", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.21", "label": "Requirements for Dental Assistant Registration Courses and Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "124763", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) \"Dental industry professional organization\"--any organization, the primary mission of which is to represent and support dentists, dental hygienists, and/or dental assistants;(2) \"Jurisprudence\"--the body of statutes and regulations pertaining to and governing practice by dental assistants, including relevant portions of the Texas Occupations Code, and the rules enacted by the SBDE.(b) Any school or program accredited by the Commission on Dental Accreditation of the American Dental Association or any dental industry professional organization may offer a course and examination to fulfill the requirements for dental assistant registration outlined in this chapter, so long as the course and examination are compliant with the requirements of this section, and have been approved by the SBDE.(c) Courses administered to fulfill the requirements of this chapter must:(1) Cover all the course objectives outlined by the SBDE and set forth in this chapter; and,(2) Comply with other requirements established by the SBDE.(d) Course providers administering examinations to fulfill the requirements of this chapter must:(1) Employ a minimum of 50 questions per examination that adequately cover the course objectives set forth in this chapter;(2) Establish a minimum passing score of 70%; and,(3) Maintain safeguards to ensure the integrity and security of the examinations, their content, and the physical examination environment, as outlined in this chapter.(e) Any course and examination administered under this section may be offered through self-study, interactive computer courses, or lecture courses, and may be offered through the Internet.(f) Course and examination approval. A provider seeking approval of a dental assistant course must submit the following materials to the SBDE prior to offering the course:(1) A complete, signed, and notarized Dental Assistant Course Provider Application, as promulgated by the SBDE;(2) An application fee in the amount established by the SBDE, payable by check or money order made payable to the State Board of Dental Examiners; and(3) Documentation pertaining to the course, including:(A) All course materials to be provided to course attendees;(B) The complete pool of examination questions to be drawn from;(C) An examination integrity plan that meets the requirements of this chapter;(D) A copy of the certificate to be issued on course completion; and,(E) A copy of the provider's reexamination policy, which notifies course attendees in advance how many reexaminations shall be allowed without retaking the course, the cost of reexamination, and other pertinent information.(g) Following course approval, the following information must be submitted to the SBDE:(1) An internet URL address for a website containing information about the approved course, or, if no such website exists, contact information for the course provider;(2) A schedule of courses to be offered, including dates, times and locations for each;(3) Prompt notification of any changes to the published course schedule; and,(4) Notification of any substantive changes to the course curriculum or materials following SBDE approval. Such changes must be submitted in writing to the SBDE for approval prior to their implementation in the course.(h) The course provider shall provide all course registrants with their examination results within 30 days of completion of the examination.(i) All course providers are subject to audit by the State Board of Dental Examiners for purposes of ensuring compliance with the requirements of this chapter.(j) Documentation of course attendance and course completion shall be kept by the course provider for a period of not less than two (2) years.(k) Failure to comply with any of the requirements of this section may result in withdrawal of course approval.", "sourceNote": "Source Note: The provisions of this §114.21 adopted to be effective May 29, 2006, 31 TexReg 4426; amended to be effective October 7, 2009, 34 TexReg 6853; amended to be effective December 22, 2010, 35 TexReg 11256; amended to be effective March 16, 2023, 48 TexReg 1449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "124763", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "114", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS" }, "rule": { "number": "§114.23", "label": "Dental Assistant Examination Integrity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134133", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Course providers shall employ reasonable methods to ensure the integrity of examinations administered under this chapter, including, but not limited to:(1) Employing at least three (3) forms of each examination, with substantially distinct selection and ordering of questions;(2) Utilizing a pool of examination questions sufficiently large to comply with the requirements of this section;(3) Allowing examinees a reasonable and appropriate maximum amount of time to complete an examination; and,(4) Securing the pool of examination questions, actual examinations, and any other source of specific examination data.(b) Course providers shall establish and maintain a physical environment for examinations to ensure the accessibility, integrity, and security of examinations administered under this chapter, including, but not limited to:(1) Uninterrupted proctoring of the examination site;(2) A distribution of distinct forms of the examinations that limits the potential for examination item compromise;(3) Prohibiting the use of books, notes, or other reference aids, and taking reasonable steps to prevent access to impermissible assistance;(4) Removal of teaching aids and posters from areas accessible to examinees;(5) Providing reasonable accommodations for examinees with disabilities;(6) Requiring examinees to sign a statement of confidentiality with respect to disclosure of information on the examination;(7) Verified identification of students and examinees; and,(8) Enforcement of reasonable policies regarding issues including, but not limited to, noise, illness, and breaks.(c) In addition to the foregoing requirements, course providers shall employ reasonable methods to ensure accessibility, integrity, and security of Internet- or intranet-based examinations administered under this chapter, including, but not limited to:(1) Identification of each examinee via a unique login and the use of periodic security questions that should reasonably confirm the examinee's identity;(2) Maintaining the security of student information;(3) Maintaining a comprehensive student and examinee database;(4) Imposing time limits for inactivity during examinations;(5) Imposing reasonable and equitable maximum time limits for completion of examinations;(6) Disabling access to other websites, software, or data during examinations;(7) Disabling the ability to print or otherwise copy examination items; and,(8) Providing reasonable accommodations for examinees with disabilities.", "sourceNote": "Source Note: The provisions of this §114.23 adopted to be effective May 29, 2006, 31 TexReg 4426." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134133", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213025", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Dental Hygienist--One who possesses the qualifications prescribed by the laws of this state and who possesses a valid certificate and current registration receipt issued by the Texas State Board of Dental Examiners to so practice.(2) Irreversible--an act that is \"irreversible\" is not capable of being reversed or corrected.(3) Root Planing--A definitive treatment procedure designed to remove cementum or surface dentin that is rough, impregnated with calculus, or contaminated with toxins or microorganisms.(4) Scaling--Instrumentation of the crown and root surfaces of the teeth to remove plaque and calculus from these surfaces.(5) Supervising Dentist--The term \"supervising dentist\" as used in these rules relating to the practice of dental hygiene, shall mean a dentist licensed by the State Board of Dental Examiners, who is responsible for monitoring the services to be performed by the dental hygienist. The supervising dentist must have and maintain a doctor patient relationship with any patient to whom any dental hygienist under his or her supervision provides services.(6) General Supervision--In this section, \"general supervision\" means supervision of a dental hygienist by a supervising dentist, where the dentist may or may not be present on the premises when the dental hygienist performs the dental hygiene procedures.(7) Direct Supervision--In this section, \"direct supervision\" means that the supervising dentist responsible for the procedure shall be present on the premises during patient care and shall be aware of the patient's physical status and well being.", "sourceNote": "Source Note: The provisions of this §115.1 adopted to be effective January 1, 1976; amended to be effective June 28, 1985, 10 TexReg 1971; amended to be effective October 20, 1997, 22 TexReg 10133; amended to be effective July 10, 2001, 26 TexReg 5004; amended to be effective November 5, 2006, 31 TexReg 8834; amended to be effective December 24, 2007, 32 TexReg 9629." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213025", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.2", "label": "Permitted Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144123", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the duties that a dentist may delegate pursuant to the Dental Practice Act and Board Rules, a Texas-licensed dental hygienist (hygienist) may perform the following services and procedures in the dental office of his/her supervising Texas-licensed dentist (dentist) or dentists who are legally engaged in the practice of dentistry in this state or under the supervision of a supervising dentist in an alternate setting:(1) remove accumulated matter, tartar, deposits, accretions, or stains, other than mottled enamel stains, from the natural and restored surface of exposed human teeth and restorations in the human mouth;(2) smooth roughened root surfaces;(3) polish exposed human teeth, restorations in the human mouth, or roughened root surfaces;(4) topically apply drugs to the surface tissues of the human mouth or the exposed surface of human teeth;(5) make dental x-rays;(6) apply pit and fissure sealants; and(7) monitor patients receiving nitrous oxide/oxygen inhalation conscious sedation only after obtaining approval from the board, and only under the direct supervision of a Texas licensed dentist. The board will issue a nitrous oxide monitoring endorsement after a hygienist provides proof of successful completion of a board approved course, that includes examination, on the monitoring of the administration of nitrous oxide.(b) Dental hygienists may use lasers in the practice of dental hygiene under the direct supervision of a dentist, so long as they do not perform any procedure that is irreversible or involves the intentional cutting of soft or hard tissue.(1) Prior to using a laser for non-diagnostic purposes, dental hygienists must complete no less than twelve hours of in-person continuing education in laser utilization specific to the procedures to be performed by the dental hygienist using the laser. Three of the twelve required hours must include clinical simulation laser training similar to the procedures to be performed by the dental hygienist. The continuing education must be provided by an educational course provider recognized by the Board. Dental hygienists must maintain documentation of the satisfactory completion of the required continuing education courses.(2) Use of lasers by dental hygienists must be in accordance with the minimum standard of care and limited to the dental hygienist's scope of practice.(3) A dentist who supervises a dental hygienist in the use of lasers must have laser education and training sufficient to adequately supervise the dental hygienist, including but not limited to meeting the continuing education requirements required of dental hygienists in subsection (b)(1) of this section. Pursuant to §258.003 of the Dental Practice Act, the delegating dentist is responsible for all dental acts delegated to the dental hygienist, including the use of lasers.(4) The dental hygienist must comply with the Dental Practice Act and Board Rules in the use of lasers. The dental hygienist may be subject to disciplinary action for any act that violates the Dental Practice Act or Board Rules.", "sourceNote": "Source Note: The provisions of this §115.2 adopted to be effective January 1, 1976; amended to be effective April 18, 1979, 4 TexReg 1209; amended to be effective October 10, 1979, 4 TexReg 3502; amended to be effective October 11, 1979, 4 TexReg 3502; amended to be effective June 12, 1980, 5 TexReg 2187; amended to be effective April 19, 1984, 9 TexReg 1947; amended to be effective September 1, 1986, 11 TexReg 3349; amended to be effective February 1, 1988, 12 TexReg 4473; amended to be effective January 5, 1990, 14 TexReg 6756; amended to be effective February 21, 1990, 15 TexReg 707; amended to be effective July 17, 1990, 15 TexReg 3804; amended to be effective February 20, 1992, 17 TexReg 1095; amended to be effective March 18, 1997, 22 TexReg 2495; amended to be effective July 10, 2001, 26 TexReg 5004; amended to be effective February 25, 2007, 32 TexReg 627; amended to be effective June 23, 2015, 40 TexReg 3818; amended to be effective March 16, 2023, 48 TexReg 1449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144123", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.3", "label": "Institutional Employment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134134", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Custodial care institutions (either public or private or which qualify as a \"hospital\" or \"school\") may be allowed to employ a dental hygienist when a licensed dentist in on the staff of such institution and after approval by the state board. Any hygienist employed by such institution is subject to the same laws and rules pertaining to supervision and responsibility as a hygienist in the employ of a dentist in private practice.(b) A licensed hygienist may perform duties in certain custodial care facilities as provided in §115.5 of this chapter.(c) Locations for the performance of a dental procedure other than those named in the Dental Practice Act must be approved by the SBDE by rule or written authorization as a proper location prior to commencing a dental procedure at the location.", "sourceNote": "Source Note: The provisions of this §115.3 adopted to be effective May 28, 1979, 4 TexReg 1766; amended to be effective March 9, 1984, 9 TexReg 1222; amended to be effective May 29, 1986, 11 TexReg 2310; amended to be effective February 20, 1992, 17 TexReg 1095; amended to be effective November 5, 2006, 31 TexReg 8835; amended to be effective February 2, 2010, 35 TexReg 640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134134&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134134", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.4", "label": "Placement of Site Specific Subgingival Medicaments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144122", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to §262.002(a)(6), the placement and removal of site specific subgingival medicaments may be delegated to a Texas licensed dental hygienist under the general supervision of, and in the office of, a Texas licensed dentist, only after scaling and root planing.(1) The responsibility for diagnosis, treatment planning, the prescription of therapeutic measures, and re-evaluation, shall remain with a Texas licensed dentist and may not be delegated to any dental hygienist or dental assistant.(2) Site specific subgingival medicaments are considered to be of \"topical\" nature and are agents approved for use by the Food and Drug Administration (FDA).(3) The placement of site specific subgingival medicaments may not be assigned to a dental assistant.(4) The Texas licensed dentist shall be responsible for identifying, selecting, and obtaining training that, in the dentist's reasoned opinion, will bring the dentist and dental hygienist to clinical competency prior to delegating the application of site specific subgingival medicaments to a dental hygienist.", "sourceNote": "Source Note: The provisions of this §115.4 adopted to be effective October 20, 1997, 22 TexReg 10133; amended to be effective December 24, 2007, 32 TexReg 9629." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144122", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.5", "label": "Dental Hygienists Practicing in Certain Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142452", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dentist may delegate to a Texas licensed dental hygienist authorization to perform a service, task or procedure for patients whom the dentist has not seen within the past twelve months when conditions are met as follows:(1) The dentist provides express authorization in writing which must include:(A) the dentist's name;(B) the dental hygienist's name;(C) the patient's name;(D) the name and address of the location where service is to be provided;(E) the date of the authorization; and(F) those procedures the dentist specifically authorizes the hygienist to perform, including those procedures necessary to allow subsequent clinical evaluation by a dentist;(2) The dentist has verified that the dental hygienist has at least two years experience as a dental hygienist; and(3) The service, task or procedure must be performed in either:(A) a nursing facility as defined in the Health and Safety Code, §242.301;(B) a school-based health center established under Chapter 38, Subchapter B, Texas Education Code; or(C) a community health center as defined by §136.002, Human Resources Code.(b) The dental hygienist must refer patients treated under the provisions of this rule to a dentist by notification in writing of the dentist's name and address. Such notification must be provided to the patient or a person legally responsible for the patient, the authorizing dentist, the referral dentist, and copies to the patient's medical record. This notification must include a statement of services, tasks, and procedures performed.(c) A dental hygienist, after having performed the services, tasks or procedures under this rule, may only perform delegated services, tasks or procedures with respect to the patient for six months unless the patient has been seen by either the dentist who delegated to the hygienist the authority or by a dentist to whom the patient was referred.(d) The facility defined in subsection (a) of this section must agree to include information provided pursuant to subsection (b) of this section in the patient's medical records.", "sourceNote": "Source Note: The provisions of this §115.5 adopted to be effective December 30, 2001, 26 TexReg 10573; amended to be effective February 2, 2010, 35 TexReg 641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142452", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.6", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144124", "queryAsDate": "03/11/2026" }, "ruleBody": "A Texas dental hygiene licensee practicing dental hygiene in Texas shall record treatments delegated by a Texas licensed dentist and performed for and upon each dental patient for reference, identification, and protection of the patient, the dentist, and the dental hygienist. Such recordings shall be entered in the dental records maintained and kept by the delegating dentist.", "sourceNote": "Source Note: The provisions of this §115.6 adopted to be effective September 20, 2009, 34 TexReg 6321." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144124", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.7", "label": "Notification of Change of Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148187", "queryAsDate": "03/11/2026" }, "ruleBody": "Each dental hygienist licensed with the board shall notify the Board within sixty (60) days of any:(1) change of address of the licensee's place of business;(2) change of the licensee's employer; or(3) change in the licensee's mailing address.", "sourceNote": "Source Note: The provisions of this §115.7 adopted to be effective February 3, 2010, 35 TexReg 641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148187", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.9", "label": "Dishonorable Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218301", "queryAsDate": "03/11/2026" }, "ruleBody": "The dishonorable conduct section is intended to protect the public from dangerous, unethical, and illegal conduct of licensees. The purpose of this section is to identify unprofessional or dishonorable behaviors of a licensee which the Board believes are likely to pose a threat to the public. Actual injury to a patient need not be established for a licensee to be in violation of this section. Behavior constituting dishonorable conduct includes, but is not limited to:(1) Criminal conduct--including but not limited to conviction of a misdemeanor involving fraud or a felony under federal law or the law of any state as outlined in Chapter 101 of this title.(2) Deception or misrepresentation--engages in deception or misrepresentation:(A) in soliciting or obtaining patronage; or(B) in obtaining a fee.(3) Fraud in obtaining a license--obtains a license by fraud or misrepresentation or participates in a conspiracy to procure a license, registration, or certification for an unqualified person.(4) Misconduct involving drugs or alcohol--actions or conduct that include, but are not limited to:(A) providing dental services to a patient while the licensee is impaired through the use of drugs, narcotics, or alcohol;(B) addicted to or habitually intemperate in the use of alcoholic beverages or drugs; or(C) improperly obtained, possessed, or used habit-forming drugs or narcotics.(5) Failure to comply with applicable laws, rules, regulations, and orders--violates or refuses to comply with a law relating to the regulation of dentists, dental hygienists, or dental assistants; fails to cooperate with a Board investigation; or fails to comply with the terms of a Board Order.(6) Inability to practice safely--is physically or mentally incapable of practicing in a manner that is safe for the person's dental patients.(7) Discipline of a licensee by another state board--holds a license or certificate to practice dentistry or dental hygiene in another state and the examining board of that state:(A) reprimands the person;(B) suspends or revokes the person's license or certificate or places the person on probation; or(C) imposes another restriction on the person's practice.(8) Unprofessional conduct--engages in conduct that has become established through professional experience as likely to disgrace, degrade, or bring discredit upon the licensee or the dental profession.", "sourceNote": "Source Note: The provisions of this §115.9 adopted to be effective September 14, 2010, 35 TexReg 8348." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218301", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.10", "label": "Administration of Local Infiltration Anesthesia" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "144125", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) \"Local infiltration anesthesia\" means the deposition of a local anesthetic solution meant for the elimination of the sensation of pain by local injection of a drug near the terminal nerve endings of teeth and supporting tissues.(2) \"Direct supervision\" means the delegating dentist is physically present in the facility where the procedure is occurring and is continuously aware of the patient's physical status and well-being.(b) General Provisions.(1) A Texas-licensed dentist may delegate the administration of local infiltration anesthesia to a licensed dental hygienist, if the dental hygienist works under the direct supervision of the licensed dentist.(2) The dental hygienist must hold a current local infiltration anesthesia certificate in accordance with the requirements of this section.(c) Standard of Care Requirements.(1) Administration of local infiltration anesthesia must be in accordance with the minimum standard of care and limited to a procedure the dental hygienist is authorized to perform on a patient who must be:(A) at least 18 years of age; and(B) not sedated, or is sedated using only nitrous oxide-oxygen inhalation.(2) Informed consent must be obtained in accordance with §108.7 and §108.8 of this title (relating to Minimum Standard of Care, General; and Records of the Dentist respectively). In addition, the informed consent must include the risks and complications with the administration of local anesthesia and vasoconstrictors, and the delegating dentist and provider of local infiltration anesthesia must be clearly disclosed.(d) Requirements for Initial Certification. To receive a dental hygiene local infiltration anesthesia certificate from the Board, a dental hygienist must:(1) apply on an application form approved by the Board;(2) pay an application fee set by Board rule;(3) submit proof to the Board of the successful completion of a current course in Basic Life Support (BLS) for Healthcare Providers;(4) submit proof to the Board that he or she has fulfilled at least one of the following qualifications:(A) completed a minimum of 12 hours of clinical and 20 hours of didactic education in the administration of local infiltration anesthesia taken in a classroom setting at an educational institution accredited by the Commission on Dental Accreditation of the American Dental Association (CODA). The education must fulfill the requirements in subsection (e) of this section;(B) during the preceding year of initial application, was authorized to administer a local anesthetic agent by:(i) a branch of the United States armed forces; or(ii) another state with clinical and didactic requirements substantially equivalent to the requirements of a course as described under subparagraph (A) of this paragraph, and have practiced for a minimum of three out of five years immediately preceding application to the Board; or(C) successful completion of a CODA-accredited dental hygiene program that fulfills the requirements of subparagraph (A) of this paragraph.(5) have passed a Board-approved certification examination relating to the administration of a local anesthetic agent as described in subsection (e)(4) of this section. A \"Board-approved certification examination\" means an examination provided by a CODA-accredited course.(e) Education and Examination Requirements.(1) The education program must be overseen by a Texas-licensed dentist who is a member of the CODA-accredited education institution and who has experience teaching the administration of local infiltration anesthesia.(2) Didactic component. The program must include at least 20 hours of didactic instruction relating to the administration of local infiltration anesthesia in the practice of dental hygiene. Such education may be completed using an on-demand video course and must include:(A) Texas State Board of Dental Examiners laws and regulations;(B) physiology and neurophysiology;(C) head, neck, and oral anatomy;(D) adult respiratory and circulatory physiology and related anatomy;(E) emergency procedures;(F) recognition and management of local complications associated with local anesthetic injections;(G) recognition and management of systemic local anesthetic toxicity related to the administration of local anesthetics;(H) medical history and evaluation procedures;(I) considerations for medically complex patients;(J) behavior context and dental patient management;(K) definitions and descriptions of physiological and psychological aspects of anxiety and pain;(L) pharmacology of agents used in local anesthetics and vasoconstrictors, including drug interactions and incompatibilities;(M) indications and contraindications for use of local anesthetic and vasoconstrictors;(N) recommended dosages of local anesthetic and vasoconstrictors;(O) patient monitoring through observation, with particular attention to vital signs and reflexes related to consciousness;(P) selection and preparation of the armamentaria and record keeping for administrating local anesthetic agents via infiltration;(Q) safety and infection control procedures with regard to local infiltration anesthetic techniques and proper disposal of sharps; and(R) post-operative care and instructions to patients.(3) Clinical component. The program must include at least 12 hours of clinical instruction relating to the administration of local infiltration anesthesia in the practice of dental hygiene. Such education must include:(A) selection and preparation of the armamentaria for administering local anesthetic agents;(B) demonstration of proper infection control techniques regarding local anesthetic agents and proper disposal of sharps;(C) demonstration of proper evaluation of the patient's health status, taking and assessing vital signs and monitoring the patient's physical status while under the effects of local anesthetic;(D) demonstration of the proper techniques for the administration of local infiltration anesthesia on a live patient or hands-on simulation:(i) basic technique;(ii) aspiration;(iii) slow rate of injection; and(iv) minimum effective dosage; and(E) clinical experience demonstrating the successful use of local infiltration anesthesia on a minimum of 5 live patient experiences appropriate for dental hygiene treatment. At a minimum, each student must demonstrate clinical competency in 4 different quadrants that includes at least 3 teeth. A hands-on simulation competency component must be demonstrated prior to treating the live patients. The live patient or hands-on simulation clinical experiences required must be performed under the direct supervision of a Texas-licensed dentist associated with the course.(4) Examination.(A) Each student must pass a competency examination on the material covered in the didactic section of the training course with a minimum passing score of 75% before continuing to the clinical section of the course. Students who do not pass the didactic competency examination may be offered remediation before the start of the clinical experience.(B) Each student must pass a clinical competency examination including a demonstration of satisfactorily performing local anesthetic infiltration injections.(f) Continuing Education.(1) A dental hygienist with a local infiltration anesthesia certificate must complete no less than 2 hours of continuing education every two years in the administration of, or medical emergencies associated with, local anesthesia specific to the procedures to be performed by the dental hygienist administering the local anesthesia. The continuing education requirement under this subsection shall be in addition to any additional courses required for licensure.(2) The continuing education must be provided by an educational course provider recognized by the Board.(3) Dental hygienists must maintain documentation of the satisfactory completion of the required continuing education courses.(g) Ineligibility. Applicants of an administration of local infiltration certificate are ineligible if they are in violation of a Board order at the time of application.(h) A dental hygienist must submit a written report to the Board as provided below:(1) The death of a dental patient which may have occurred as a consequence of the receipt of local infiltration anesthesia from the reporting hygienist must be reported within 72 hours of the death, or such time as the hygienist becomes aware or reasonably should have become aware of the death.(2) The hospitalization of a dental patient, as a possible consequence of receiving local infiltration anesthesia from the reporting hygienist, must be reported within 30 days of the hospitalization or such time as the hygienist becomes aware of or reasonably should have become aware of the hospitalization. For purposes of this subsection, \"hospitalization\" shall be defined as an examination at a hospital or emergency medical facility that results in an in-patient admission for the purpose(s) of treatment and/or monitoring.(3) In the evaluation of sedation/anesthesia morbidity or mortality, the Board shall consider the standard of care necessary to be that applicable to the patient's state of consciousness during the procedure.", "sourceNote": "Source Note: The provisions of this §115.10 adopted to be effective May 23, 2024, 49 TexReg 3565." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=144125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "144125", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "115", "label": "EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE" }, "rule": { "number": "§115.20", "label": "Dental Hygiene Advisory Committee--Purpose and Composition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "110924", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Dental Hygiene Advisory Committee is established pursuant to Texas Civil Statutes, §262.054 for the purpose of advising the Board on matters relating to dental hygiene.(b) Members of the advisory committee serve staggered six-year terms. A member may not serve more than two consecutive full terms. The completion of the unexpired portion of a term does not constitute service for a full term for purposes of this subsection.(c) The Board shall annually evaluate the Committee's work, its usefulness, and the costs related to the Committee's work to include agency staff time in support of the Committee's activities.(d) The Committee shall elect from among its members a presiding officer who shall serve for one year and who shall report to the Board on Committee activities as may be required but no less often than annually.(e) An advisory committee member is entitled to the per diem set by the General Appropriations Act and may receive reimbursement for travel expenses, including expenses for meals and lodging.", "sourceNote": "Source Note: The provisions of this §115.20 adopted to be effective March 9, 1994, 19 TexReg 1328; amended to be effective June 30, 1999, 24 TexReg 4821; amended to be effective December 30, 2001, 26 TexReg 10574; amended to be effective February 3, 2010, 35 TexReg 642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "110924", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "116", "label": "DENTAL LABORATORIES" }, "rule": { "number": "§116.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "110925", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) \"Dental laboratory\"--any place where a person performs, offers to perform or undertakes to perform any act or service listed in Occupations Code, §266.001, subject to the exemptions listed in §116.2 of this chapter.(2) \"Dental student\"--a person enrolled as a full-time student in an accredited dental school.(3) \"Dental technician\"--a person who performs the services as set out in Occupations Code, §266.001 including, but not limited to, a certified dental technician (\"CDT\") who has a current certificate issued by a recognized board of certification for dental technology, or its successor.(4) \"Designated CDT of a dental laboratory\"--the person so designated on the annual registration form of a CDT laboratory who meets the CDT certification requirement and minimum employment requirements of these rules.(5) \"Designated employee of a dental laboratory\"--the person so designated on the annual registration form of a dental laboratory exempted under §116.5 of this chapter, who meets the continuing education and minimum employment requirements of these rules.", "sourceNote": "Source Note: The provisions of this §116.1 adopted to be effective May 10, 2004, 29 TexReg 4484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "110925", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "116", "label": "DENTAL LABORATORIES" }, "rule": { "number": "§116.2", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171965", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter does not apply to:(1) a student enrolled in a program of a school of dentistry;(2) a licensed dentist engaged in the practice of dentistry in this state who performs a dental laboratory service for compensation or an employee of the dentist or of the professional corporation or partnership in which the dentist is an officer, partner, or employee if the service is performed:(A) for a patient of the dentist or of the professional corporation or partnership in which the dentist is an officer, partner, or employee; and(B) on the premises in which the dentist practices dentistry; or(3) a manufacturer of materials or component parts, used in the fabrication of a dental prosthetic appliance and for sale or use by a dental laboratory, that are not directly fitted to a dental model or cast of the human teeth, gums, jaws, or alveolar process.", "sourceNote": "Source Note: The provisions of this §116.2 adopted to be effective May 10, 2004, 29 TexReg 4484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171965", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "116", "label": "DENTAL LABORATORIES" }, "rule": { "number": "§116.3", "label": "Registration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "110927", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dental laboratory shall be registered according to the provisions of Occupations Code, Subchapter D, §§266.151 - 266.154.(b) To qualify for a dental laboratory registration, the applicant must submit an application including the following information:(1) the name, physical address, phone number, and email address of the laboratory;(2) the name, address, phone number, and email address of the laboratory owner;(3) the date the laboratory opened or will open for business;(4) type of ownership;(5) if the laboratory is a corporation, the state in which the corporation is incorporated;(6) if the laboratory is a subsidiary corporation, the name of the parent company, the state in which the parent company is incorporated, and the percent of stock that the parent company owns in the subsidiary;(7) the laboratory manager's name, phone number, and email address;(8) if the laboratory owner or manager has ever been convicted of a misdemeanor or a felony, an explanation and court disposition documents;(9) if the applicant has ever held a laboratory registration in Texas, the owner's name, manager's name, CDT of record, laboratory name, address, DBA, and lab registration number;(10) if the applicant, owner, or manager has ever been the subject of a disciplinary investigation or action, including a cease and desist order, in any jurisdiction, an explanation of that investigation or action;(11) the notarized signature of the laboratory owner or general manager;(12) if a certified dental technician or record is required:(A) the name, home address, telephone number, email address, and notarized signature of the laboratory's certified dental technician of record;(B) a copy of the certified dental technician's current certification card with the expiration date indicated; and(C) a statement as to whether the certified dental technician of record is the certified dental technician of record for any other dental laboratory in the state of Texas, and if so, the dental laboratory's Texas registration number; and(13) any other information required by the Board.(c) The Dental Laboratory Certification Council (DLCC) shall review each application for registration or renewal of registration to determine if the applicant meets the requirements of Occupations Code, Chapter 266. Applications will be forwarded with a recommendation to the Board for registration if the requirements of Occupations Code, Chapter 266 and this chapter are met, and the following materials are submitted:(1) A complete application or renewal, with all required information;(2) proof of compliance with §116.6 of this chapter;(3) the appropriate fee; and(4) effective January 1, 2009, for initial registrations only and once every three years for registration renewals, proof of completion of the Texas Jurisprudence Assessment for dental laboratories. The Jurisprudence Assessment must be taken by the laboratory owner or the laboratory's general manager.(d) It shall be the duty of each laboratory owner or manager to notify the Board in writing within 60 days of:(1) a change in ownership or management of the laboratory;(2) a change in location of the laboratory;(3) closure of the laboratory;(4) a change of designated CDT, in which case the notice must be accompanied by proof of current CDT certification for the replacement CDT;(5) a change of designated employee, if the laboratory is exempted under §116.5 of this chapter. A change of designated employee will require proof within six (6) months of the change that the designated employee meets continuing education requirements; or(6) a change in mailing address for the owner or manager of the laboratory.(e) Any laboratory owner applying for a new laboratory registration who has pending fees and/or penalties due from a previous laboratory registration when such laboratory was closed for non-compliance with subsection (d) of this section must first remit to the Board any fees and penalties due on that previous registration before the new registration application will be considered by the DLCC.(f) An initial registration certificate issued under this chapter on or after September 1, 2009 expires on the 30th day after the date the registration certificate is issued if the holder of the registration certificate fails to pay the required registration certificate fee on or before that date.", "sourceNote": "Source Note: The provisions of this §116.3 adopted to be effective May 10, 2004, 29 TexReg 4484; amended to be effective February 26, 2009, 34 TexReg 1246; amended to be effective February 3, 2010, 35 TexReg 642; amended to be effective March 23, 2015, 40 TexReg 1709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "110927", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "116", "label": "DENTAL LABORATORIES" }, "rule": { "number": "§116.4", "label": "Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171966", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following procedures, performed in relation to permitted dental laboratory services described in Occupations Code, §266.001, and pursuant to a written prescription from a licensed dentist, may be undertaken by a registered dental laboratory:(1) Shade taking. Dental laboratories providing this service shall institute and maintain infection control procedures for in-laboratory shade verification to protect the patient and laboratory staff from infectious contamination. Each laboratory shall:(A) Dedicate a specific area of the laboratory for performance of shade verification procedures.(B) Maintain the area used for shade verification in a neat, clean, and clutter-free state at all times.(C) Disinfect areas of patient contact both before and after each patient.(D) Provide a dedicated set of shade guides to be used only for patient shade verification, and disinfect shade guides before and after each use.(E) Provide a patient hand mirror for extraoral use, and disinfect the mirror before and after each patient's use.(F) Use a disinfecting agent for cleaning shade guides that are accidentally dropped.(G) Require that the technicians taking the shade wear protective clothing, including gloves.(2) Computer imaging pertaining to the oral cavity by a registered laboratory. Computer imaging may be performed only when authorized by a written prescription from a licensed dentist. The result should be furnished to that dentist, accompanied by a disclaimer to the patient that computer imaging is an artistic interpretation and does not guarantee exact results.(b) A dental laboratory shall furnish each licensed dentist from whom prescriptions are accepted with its permanent registration number and the expiration date of such registration, and shall maintain for a period of two years any work orders of any laboratory with which it contracts services. Each work order shall reflect the Texas registration number and registration expiration date of the contracted laboratory.(c) No work may be outsourced, except to a dental laboratory registered under this chapter.(d) A person owning or operating a laboratory in the State of Texas must maintain the entire laboratory in a clean and sanitary condition without any accumulation of trash, debris, or filth, and such premises shall be maintained in full compliance with all health requirements of the city or county, or both, in which such a laboratory is located and in conformity with the health laws of the State of Texas.", "sourceNote": "Source Note: The provisions of this §116.4 adopted to be effective May 10, 2004, 29 TexReg 4484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171966", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "116", "label": "DENTAL LABORATORIES" }, "rule": { "number": "§116.5", "label": "Certified Dental Technician Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139863", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All dental laboratories must have a dental technician who is certified by a recognized board of certification for dental technology employed by and working on the premises of the dental laboratory a minimum of 30 hours per week. In addition to certification from the National Board for Certification in Dental Laboratory Technology, the Board recognizes certifications from the following regions and countries:(1) United Kingdom;(2) Germany; and(3) Canadian provinces.(b) A dental laboratory is exempt from subsection (a) of this section if the laboratory is:(1) owned by a licensed dentist engaged in the practice of dentistry in this state or by a professional corporation or partnership in which that dentist is an officer, partner, or employee; and(2) located on the premises within which the dentist practices dentistry.(c) The exemption under subsection (b) of this section does not apply to a dental laboratory if the laboratory employs three or more dental technicians.(d) A dental laboratory is exempt from subsection (a) of this section if:(1) the dental laboratory was registered with the Board on September 1, 1987;(2) the dental laboratory's registration has been renewed each year and all registration fees have been paid;(3) the beneficial ownership of at least 51% interest in the laboratory has not transferred; and(4) the owner and/or the designated employee of the dental laboratory is employed on the premises of the laboratory for at least 30 hours per week.(e) The owner of the dental laboratory shall maintain employment records validating compliance with this section for a period of not less than two years.", "sourceNote": "Source Note: The provisions of this §116.5 adopted to be effective May 10, 2004, 29 TexReg 4484; amended to be effective November 5, 2006, 31 TexReg 8835; amended to be effective March 23, 2015, 40 TexReg 1709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139863", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "116", "label": "DENTAL LABORATORIES" }, "rule": { "number": "§116.6", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "149564", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A dental laboratory renewing a certificate must provide proof that the designated CDT has met the continuing education requirements of a recognized board of certification for dental technology, or its successor.(b) A dental laboratory that meets the exemption qualifications in §116.5 of this chapter must provide, in lieu of the requirement of subsection (a) of this section, proof, that the designated employee has completed at least 12 hours of continuing education during the preceding 12-month period. Continuing education hours may only be used for one renewal period.(c) Acceptable continuing education shall be comprised of business management, infection control, and technical competency courses presented in seminars or clinics as accepted by a recognized organization of dentistry or dental technology, subject to the following requirements:(1) The designated employee must complete at least one course in regulatory compliance annually. Examples include courses in Infection Control, Occupational Safety and Health Administration (OSHA), Federal Drug Administration (FDA), Texas Jurisprudence, Cardiopulmonary Resuscitation (CPR) or Ethics.(2) No more than one course in business management may be applied toward the annual continuing education requirement.(3) Self-study in a course approved by a recognized organization of dentistry or dental technology may be taken for not more than four hours of the annual continuing education requirement.(d) In lieu of furnishing proof of continuing education as set forth in subsection (c) of this section, a dental laboratory may furnish proof that the designated dental technician has a current certification from a recognized board of certification for dental technology or its successor. Certification as \"retired\" does not qualify the technician.", "sourceNote": "Source Note: The provisions of this §116.6 adopted to be effective May 10, 2004, 29 TexReg 4484; amended to be effective February 26, 2009, 34 TexReg 1246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "149564", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "116", "label": "DENTAL LABORATORIES" }, "rule": { "number": "§116.10", "label": "Prosthetic Identification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "110930", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It shall be the duty of the licensed dentist to insure that all removable prosthetic devices or removable orthodontic appliances delivered to a patient under his or her care bear a permanent identification marking suitable to determine that the prosthetic device or removable orthodontic appliance belongs to that patient.(b) A suitable marking shall be defined as one that includes the patient's last name and first initial, and/or social security number. This marking shall be placed in the denture base of the removable prosthetic device or acrylic portion of the removable orthodontic appliance in such a manner as not to compromise the aesthetics of the restoration.(c) The licensed dentist shall install this identification marking or shall request on the prescription to a registered dental laboratory that the laboratory place the identification marking in the removable prosthetic device or removable orthodontic appliance.(d) Nothing in this rule shall preclude a dental laboratory from charging a fee for this service.(e) This rule shall not apply to any removable prosthetic device or removable orthodontic appliance that contains no acrylic, vinyl or plastic denture base, or if said appliance is too small to reasonably accomplish this procedure.(f) A dental laboratory that is required to register with the State Board of Dental Examiners shall clearly label or certify in writing to the prescribing dentist that the prosthesis or appliance being delivered to the prescribing dentist was either:(1) manufactured entirely by the SBDE registered dental laboratory;(2) manufactured in part or whole by a domestic laboratory inside of the United States; or,(3) manufactured in part or whole by a foreign laboratory outside of the United States and clearly identify the country in which the dental laboratory work was performed.(g) A dental laboratory that is required to register with the State Board of Dental Examiners may return to the dentist who issued the prescription written certification of all materials utilized in the prosthesis or appliance, including the percentage of each ingredient used in the fabrication of the prosthesis or appliance.", "sourceNote": "Source Note: The provisions of this §116.10 adopted to be effective May 26, 2005, 30 TexReg 3020; amended to be effective February 26, 2009, 34 TexReg 1247; amended to be effective December 22, 2010, 35 TexReg 11257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=110930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "110930", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "116", "label": "DENTAL LABORATORIES" }, "rule": { "number": "§116.20", "label": "Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each owner and manager named in an application to register a dental laboratory, irrespective of the person signing the application, is responsible for the proper registration and operation of the laboratory pursuant to the Dental Practice Act and these rules.(b) For the purposes of this section, \"owner\" includes a person who has at least a 20 percent ownership interest in a dental laboratory that is registered under this chapter or for which an application for registration has been filed.(c) The provisions of Occupations Code, Chapter 266, providing that persons violating the Dental Practice Act are subject to criminal penalties and subject to loss of registration or refusal by the board to issue a registration, apply to the owner and manager of any dental laboratory having or seeking registration in Texas.", "sourceNote": "Source Note: The provisions of this §116.20 adopted to be effective May 10, 2004, 29 TexReg 4484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171967", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "117", "label": "FACULTY AND STUDENTS IN ACCREDITED DENTAL SCHOOLS" }, "rule": { "number": "§117.1", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225927", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The definition of dentistry as contained in the Occupations Code, Title 3, Chapter 251.003, shall not apply to the following:(1) Students of a dental college or school accredited by the Commission on Dental Accreditation of the American Dental Association (CODA), who perform their operations without pay except for actual costs of materials, in the presence of and under the direct personal supervision of a demonstrator or teacher who is:(A) a member of the faculty of a CODA-accredited dental college or school; or(B) affiliated with a school, hospital, state institution, public health clinic, or other facility approved for student dental services by the State Board of Dental Examiners.(2) Students of a dental hygiene college or school accredited by CODA, who practice dental hygiene without pay in strict conformity with the laws of this state regulating the practice of dental hygiene under the direct personal supervision of a demonstrator or teacher who is:(A) a member of the faculty of a CODA-accredited dental hygiene college or school; or(B) affiliated with a school, hospital, state institution, public health clinic, or other facility approved for student dental hygiene services by the State Board of Dental Examiners.(3) Dental interns who pursue advanced education in dentistry under the auspices of an institution, such as a dental school or hospital, which offers the type of advanced program designed to meet accreditation requirements as established by the Commission on Dental Accreditation of the American Dental Association. Dental interns may perform any clinical service included in the program of advanced education for which he/she is enrolled, as long as such service is accomplished under the auspices of the sponsoring institution, and as authorized by the program supervisor. A dental intern not licensed in Texas may not assess fees for clinical services rendered. An unlicensed dental intern may not engage in private practice.(4) Dental residents who pursue advanced education in dentistry under the auspices of an institution, such as a dental school or hospital, which offers the type of advanced program designed to meet accreditation requirements as established by the Commission of Dental Accreditation of the American Dental Association. The residency program usually follows an internship and the objective customarily is to prepare specialists in selected field of clinical dentistry. Dental residents may perform any clinical service included in the program of advanced education for which he/she is enrolled, as long as such service is accomplished under the auspices of the sponsoring institution, and as authorized by the program supervisor. A dental resident not licensed in Texas may not assess fees for clinical services rendered. An unlicensed dental resident may not engage in private practice.(b) Dental interns and residents shall be entitled to apply for and to receive an identification number issued by the SBDE to be used solely for the purpose of applying for a Controlled Substances narcotics registration from the Texas Department of Public Safety and the Drug Enforcement Administration to prescribe, administer, or dispense controlled substances.(c) The SBDE will notify the Texas Department of Public Safety and the Drug Enforcement Administration when an identification number is issued and when an identification number is voided.(d) Each application for an SBDE identification number shall be accompanied by a fee in an amount set by the Board.", "sourceNote": "Source Note: The provisions of this §117.1 adopted to be effective January 1, 1976; amended to be effective February 6, 1977, 2 TexReg 251; amended to be effective March 18, 1997, 22 TexReg 2500; amended to be effective December 3, 1997, 22 TexReg 11680; amended to be effective February 24, 2004, 29 TexReg 1661; amended to be effective March 23, 2015, 40 TexReg 1709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225927", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "117", "label": "FACULTY AND STUDENTS IN ACCREDITED DENTAL SCHOOLS" }, "rule": { "number": "§117.2", "label": "Dental Faculty Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225928", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective March 1, 2004, the SBDE will issue a license to a dental school faculty member who provides direct patient care, upon payment of a fee in an amount set by the Board, who meets all the following criteria:(1) holds a degree from a dental school;(2) holds a full-time or part-time salaried faculty position at a dental or dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association;(3) obtains endorsement of the application from the Dean, Department Chair, or Program Director of the employer-school;(4) pays an application fee set by the Board; and(5) has taken and passed the jurisprudence examination administered by the SBDE or its designated testing service.(b) An applicant for a license under this chapter must file an application for the license not later than the 30th day after the date the person begins employment with the dental or dental hygiene school.(c) A license under this chapter must be renewed annually. Upon renewal, a license holder must submit an employment affidavit form completed by the Dean, Department Chair, or Program Director of the employer-school.(d) A license issued under this chapter expires on the termination of employment with the dental or dental hygiene school.(e) A license holder whose employment with a dental or dental hygiene school terminates and who is subsequently employed by the same or different dental or dental hygiene school must comply with requirements for obtaining an original license, except that the person is not required to re-take the jurisprudence exam.(f) A license issued under this chapter does not authorize the license holder to engage in the practice of dentistry or dental hygiene outside the auspices of the employing dental or dental hygiene school or program.", "sourceNote": "Source Note: The provisions of this §117.2 adopted to be\r\neffective February 24, 2004, 29 TexReg 1661; amended to be effective\r\nDecember 28, 2014, 39 TexReg 10016; amended to be effective August\r\n28, 2025, 50 TexReg 5470." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225928", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "117", "label": "FACULTY AND STUDENTS IN ACCREDITED DENTAL SCHOOLS" }, "rule": { "number": "§117.3", "label": "Dental Hygiene Faculty Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "10997", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective March 1, 2004, the SBDE will issue a license to a dental hygiene school faculty member who provides direct patient care, upon payment of a fee in an amount set by the Board, who meets all the following criteria:(1) holds a degree from a dental hygiene school;(2) holds a full-time or part-time salaried faculty position at a dental or dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association;(3) obtains endorsement of the application from the Dean, Department Chair, or Program Director of the employer-school;(4) pays an application fee set by the Board; and(5) has taken and passed the jurisprudence examination administered by the SBDE or its designated testing service.(b) An applicant for a license under this chapter must file an application for the license not later than the 30th day after the date the person begins employment with the dental or dental hygiene school.(c) A license under this chapter must be renewed annually. Upon renewal, a license holder must submit an employment affidavit form completed by the Dean, Department Chair, or Program Director of the employer-school.(d) A license issued under this chapter expires on the termination of employment with the dental or dental hygiene school.(e) A license holder whose employment with a dental or dental hygiene school terminates and who is subsequently employed by the same or different dental or dental hygiene school must comply with requirements for obtaining an original license, except that the person is not required to re-take the jurisprudence exam.(f) A license issued under this chapter does not authorize the license holder to engage in the practice of dentistry or dental hygiene outside the auspices of the employing dental or dental hygiene school or program.", "sourceNote": "Source Note: The provisions of this §117.3 adopted to be\r\neffective February 24, 2004, 29 TexReg 1662; amended to be effective\r\nAugust 28, 2025, 50 TexReg 5471." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=10997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "10997", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.1", "label": "Dental Public Health" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "30214", "queryAsDate": "03/11/2026" }, "ruleBody": "Dental public health is the science and art of preventing and controlling dental diseases and promoting dental health through organized community efforts. It is that form of dental practice which serves the community as a patient rather than the individual. It is concerned with dental health education of the public, with applied dental research, and with the administration of group dental care programs as well as the prevention and control of dental diseases on a community basis.", "sourceNote": "Source Note: The provisions of this §119.1 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "30214", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.2", "label": "Endodontics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11004", "queryAsDate": "03/11/2026" }, "ruleBody": "Endodontics is the branch of dentistry which is concerned with the morphology, physiology, and pathology of the human dental pulp and periradicular tissues. Its study and practice encompass the basic and clinical sciences including biology of the normal pulp, the etiology, diagnosis, prevention, and treatment of diseases and injuries of the pulp and associated periradicular conditions.", "sourceNote": "Source Note: The provisions of this §119.2 adopted to be effective January 1, 1976; amended to be effective September 6, 1991, 16 TexReg 4622." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11004", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.3", "label": "Oral and Maxillofacial Pathology" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "1619", "queryAsDate": "03/11/2026" }, "ruleBody": "Oral and maxillofacial pathology is that branch of science which deals with the nature of the diseases affecting the oral and adjacent regions, through study of its causes, its processes and its effects, together with the associated alterations of oral structure and function. The practice of oral and maxillofacial pathology shall include the development and application of this knowledge through the use of clinical, microscopic, radiographic, biochemical or other laboratory examinations or procedures as may be required to establish a diagnosis and/or gain other information necessary to maintain the health of the patient, or to correct the result of structural or functional changes produced by alterations from the normal.", "sourceNote": "Source Note: The provisions of this §119.3 adopted to be effective January 1, 1976; amended to be effective September 6, 1991, 16 TexReg 4622; amended to be effective March 18, 1997, 22 TexReg 2501." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "1619", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.4", "label": "Oral and Maxillofacial Surgery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11005", "queryAsDate": "03/11/2026" }, "ruleBody": "Oral and maxillofacial surgery is the specialty of dentistry which includes the diagnosis, surgical and adjunctive treatment of diseases, injuries, and defects involving both the functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial regions.", "sourceNote": "Source Note: The provisions of this §119.4 adopted to be effective January 1, 1976; amended to be effective September 6, 1991, 16 TexReg 4622." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11005", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.5", "label": "Orthodontics and Dentofacial Orthopedics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86492", "queryAsDate": "03/11/2026" }, "ruleBody": "Orthodontics and Dentofacial Orthopedics is that area of dentistry concerned with the supervision, guidance and correction of the growing or mature dentofacial structures, including those conditions that require movement of teeth or correction of malrelationships and malformations of their related structures and the adjustment of relationships between and among teeth and facial bones by the application of forces and/or the stimulation and redirection of functional forces within the craniofacial complex. Major responsibilities of orthodontics and dentofacial orthopedics practice include the diagnosis, prevention, interception and treatment of all forms of malocclusion of the teeth and associated alterations in their surrounding structures; the design, application and control of functional and corrective appliances; and the guidance of the dentition and its supporting structures to attain and maintain optimum occlusal relations in physiologic and esthetic harmony among facial and cranial structures.", "sourceNote": "Source Note: The provisions of this §119.5 adopted to be effective January 1, 1976; amended to be effective September 6, 1991, 16 TexReg 4622; amended to be effective March 1, 1996, 21 TexReg 1425." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86492", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.6", "label": "Pediatric Dentistry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86493", "queryAsDate": "03/11/2026" }, "ruleBody": "Pediatric dentistry is an age-defined specialty that provides both primary and comprehensive preventive and therapeutic oral health care for infants and children through adolescence, including those with special health care needs.", "sourceNote": "Source Note: The provisions of this §119.6 adopted to be effective January 1, 1976; amended to be effective June 8, 1988, 13 TexReg 2613; amended to be effective September 6, 1991, 16 TexReg 4622; amended to be effective April 17, 2001, 26 TexReg 2843." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86493", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.7", "label": "Periodontics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "30215", "queryAsDate": "03/11/2026" }, "ruleBody": "Periodontics is that specialty of dentistry which encompasses the prevention diagnosis and treatment of diseases of the supporting and surrounding tissues of the teeth or their substitutes and the maintenance of the health function and esthetics of these structures and tissues.", "sourceNote": "Source Note: The provisions of this §119.7 adopted to be effective January 1, 1976; amended to be effective September 6, 1991, 16 TexReg 4622; amended to be effective April 17, 2001, 26 TexReg 2844." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=30215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "30215", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.8", "label": "Prosthodontics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142548", "queryAsDate": "03/11/2026" }, "ruleBody": "Prosthodontics is that branch of dentistry pertaining to the restoration and maintenance of oral functions, comfort, appearance, and health of the patient by the restoration of natural teeth and/or the replacement of missing teeth and contiguous oral and maxillofacial tissues with artificial substitutes.", "sourceNote": "Source Note: The provisions of this §119.8 adopted to be effective January 1, 1976; amended to be effective September 6, 1991, 16 TexReg 4622." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142548", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.9", "label": "Oral and Maxillofacial Radiology" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204356", "queryAsDate": "03/11/2026" }, "ruleBody": "Oral and Maxillofacial Radiology is that specialty of dentistry that discipline of radiology concerned with the production and interpretation of images and data produced by all modalities of radiant energy that are used for the diagnosis and management of diseases, disorders and conditions of the oral and maxillofacial region.", "sourceNote": "Source Note: The provisions of this §119.9 adopted to be effective October 7, 2009, 34 TexReg 6853." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204356", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.10", "label": "Oral Medicine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204357", "queryAsDate": "03/11/2026" }, "ruleBody": "Oral Medicine is the specialty of dentistry responsible for the oral health care of medically complex patients and for the diagnosis and management of medically-related diseases, disorders and conditions affecting the oral and maxillofacial region.", "sourceNote": "Source Note: The provisions of this §119.10 adopted to be effective April 1, 2021, 46 TexReg 2015." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204357", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.11", "label": "Dental Anesthesiology" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204358", "queryAsDate": "03/11/2026" }, "ruleBody": "Dental Anesthesiology is the specialty of dentistry and discipline of anesthesiology encompassing the art and science of managing pain, anxiety, and overall patient health during dental, oral, maxillofacial and adjunctive surgical or diagnostic procedures throughout the entire perioperative period. The specialty is dedicated to promoting patient safety as well as access to care for all dental patients, including the very young and patients with special health care needs.", "sourceNote": "Source Note: The provisions of this §119.11 adopted to be effective April 1, 2021, 46 TexReg 2015." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204358", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "119", "label": "SPECIAL AREAS OF DENTAL PRACTICE" }, "rule": { "number": "§119.12", "label": "Orofacial Pain" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86490", "queryAsDate": "03/11/2026" }, "ruleBody": "Orofacial Pain is the specialty of dentistry that encompasses the diagnosis, management and treatment of pain disorders of the jaw, mouth, face, head and neck. The specialty of Orofacial Pain is dedicated to the evidenced-based understanding of the underlying pathophysiology, etiology, prevention and treatment of these disorders and improving access to interdisciplinary patient care.", "sourceNote": "Source Note: The provisions of this §119.12 adopted to be effective April 1, 2021, 46 TexReg 2015." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86490", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "5", "label": "STATE BOARD OF DENTAL EXAMINERS" }, "chapter": { "number": "125", "label": "APPLICATIONS FOR SPECIAL CONSIDERATION OR EXCEPTION TO BOARD RULES" }, "rule": { "number": "§125.1", "label": "Board to Rule on Requests for Exceptions to Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202193", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person under the jurisdiction of the State Board of Dental Examiners may request the Board to consider and approve an exception to Board rules. The request will be considered at a regularly scheduled board meeting following receipt of a written request for appearance. The Board will not consider a request for exception from any party to a contested case or from a respondent in a pending complaint investigation.", "sourceNote": "Source Note: The provisions of this §125.1 adopted to be effective January 1, 1976; amended to be effective April 17, 2001, 26 TexReg 2844." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202193", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "A", "label": "SCOPE AND DEFINITIONS" }, "rule": { "number": "§131.1", "label": "Purpose and Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225240", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board is statutorily empowered to regulate the practice of engineering and land surveying in Texas.(b) The board shall promulgate and adopt rules as authorized and required by statute, which are necessary for the performance of its duties. Such rules shall establish standards of conduct and ethics for engineers and land surveyors, ensure strict compliance with and enforcement of the provisions of the Acts, ensure uniform standards of practice and procedure, and provide for public participation, notice of the agency actions, and a fair and expeditious determination of causes before the board.(c) The board may act directly under its statute and rules or through the executive director or a committee of the board.(d) Pursuant to the Texas Engineering Practice Act and the Professional Land Surveying Practices Act, the board is responsible for policy-making decisions and the executive director is responsible for the agency's management decisions.", "sourceNote": "Source Note: The provisions of this §131.1 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 11, 2016, 41 TexReg 9704; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225240", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "A", "label": "SCOPE AND DEFINITIONS" }, "rule": { "number": "§131.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202198", "queryAsDate": "03/11/2026" }, "ruleBody": "In applying the Texas Engineering Practice Act, the Professional Land Surveying Practices Act, and the board rules, the following definitions shall prevail unless the word or phrase is defined in the text for a particular usage. Singular and masculine terms shall be construed to include plural and feminine terms and vice versa.(1) ABET - ABET, Inc., formerly the Accreditation Board for Engineering and Technology.(2) Acts - The Texas Engineering Practice Act, Texas Occupations Code Chapter 1001, and the Professional Land Surveying Practices Act, Texas Occupations Code Chapter 1071.(3) Advisory Opinion - A statement of policy issued by the board that provides guidance to the public and regulated community regarding the board's interpretation and application of Chapter 1001, Texas Occupations Code, and/or board rules related to the practice of engineering.(4) Agency or Board - Texas Board of Professional Engineers and Land Surveyors.(5) ANSAC/ABET - Applied and Natural Science Accreditation Commission of ABET. Previously the Applied Science Accreditation Commission (ASAC) of ABET.(6) Applicant - A person applying for a license or registration to practice professional engineering or land surveying or a firm applying for a certificate of registration to offer or provide professional engineering or land surveying services.(7) Application - The forms, information, and fees necessary to obtain a license, registration, or certification issued by the Board.(8) Complainant - Any party who has filed a complaint with the board against a person or entity subject to the jurisdiction of the board.(9) Construction estimate - As used in §1071.004, a depiction of a possible easement route for planning purposes.(10) Contested case - A proceeding, including but not restricted to rate making and licensing, in which the legal rights, duties, or privileges of a party are to be determined by an agency after an opportunity for adjudicative hearing pursuant to the Administrative Procedure Act, Chapter 2001, Texas Government Code.(11) Direct supervision - The control over and detailed professional knowledge of the work prepared under the engineer or land surveyor's supervision. Direct Supervision entails that the engineer or land surveyor personally makes decisions or personally reviews and approves proposed decisions prior to their implementation and has control over the decisions either through physical presence or the use of communications devices. Direct Supervision entails that a land surveyor be able to give instructions for research of adequate thoroughness to support collection of relevant data, the placement of all monuments, and the preparation and delivery of all surveying documents.(12) EAC/ABET - Engineering Accreditation Commission of ABET.(13) EAOR number - An engineering advisory opinion request file number assigned by the executive director to a pending advisory opinion in accordance with this chapter.(14) Electronic Seal - For the purposes of this Chapter, an electronic seal is a digital representation of a licensee or registrant's seal including, but not limited to, a digital scan of a physical seal.(15) Electronic Signature - For the purposes of this Chapter, an electronic signature is a digital representation of a licensee or registrant's signature including, but not limited to, a digital scan of a physical signature.(16) Engineering - The profession in which a knowledge of the mathematical, physical, engineering, and natural sciences gained by education, experience, and practice is applied with judgment to develop ways to utilize, economically, the materials and forces of nature for the benefit of mankind.(17) Engineering Act - The Texas Engineering Practice Act, Texas Occupations Code Chapter 1001.(18) ETAC/ABET - Engineering Technology Accreditation Commission of ABET.(19) Firm - Any business entity that engages or offers to engage in the practice of professional engineering or land surveying in this state. The term includes but is not limited to companies, corporations, partnerships, or joint stock associations, and for engineering also includes sole practitioners and sole proprietorships.(20) Good Standing - (License or Registration) - A license or registration that is current, eligible for renewal, and has no outstanding fees or payments.(21) Gross negligence - Any deliberate conduct, or pattern of conduct, whether by act or omission that demonstrates a disregard or indifference to the rights, health, safety, welfare, and property of the public or clients. Gross negligence may result in financial loss, injury or damage to life or property, but such results need not occur for the establishment of such conduct.(22) International NCEES Record - An official complication of professional credentials issued by NCEES as part of an international application process. The record includes academic credentials, exam or assessment information, employment information, professional references, and other information pertinent to licensure.(23) License - The legal authority permitting the holder to actively practice engineering or land surveying. Also, a certificate issued by the board showing such authority.(24) License Holder - Any person whose license or registration to practice engineering or land surveying is current.(25) Misconduct - The violation of any provision of the Texas Engineering Practice Act, the Professional Land Surveying Act, or board rules.(26) Mobility Agreement / Mutual Recognition Agreement - an agreement signed and adopted by the Board and another licensing jurisdiction or recognized licensing organization that sets out requirements and procedures for licensure between the two bodies.(27) Model Law Engineer (MLE) - a designation on an NCEES Record indicating that an engineer has met the NCEES standard for licensure, including an EAC/ABET accredited engineering degree, a minimum of four years of creditable and acceptable engineering experience, passage of both the FE and PE examinations, and no disciplinary action.(28) NAFTA - North American Free Trade Agreement. NAFTA is related to the practice and licensure of engineering through mutual recognition of registered/licensed engineers by jurisdictions of Canada, Texas, and the United Mexican States.(29) NCEES - National Council of Examiners for Engineering and Surveying.(30) NCEES Record - An official verified compilation of professional credentials issued by NCEES, designed to simplify the licensure process for engineers and surveyors who want to practice in multiple states or territories. The record includes academic transcripts, exam results, employment history, professional references, and other information pertinent to licensure.(31) Person - Any individual, firm, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a governmental agency.(32) Professional engineering - Professional service which may include consultation, investigation, evaluation, planning, designing, or direct supervision of construction, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects wherein the public welfare, or the safeguarding of life, health, and property is concerned or involved, when such professional service requires the application of engineering principles and the interpretation of engineering data.(33) Professional Engineering Services - Services which meet the definition of the practice of engineering as defined in the Act, §1001.003, and which are required by statute or rule to be performed by or under the direct supervision of a licensed engineer. A service shall be conclusively considered a professional engineering service if it is delineated in that section; other services requiring a professional engineer by contract, or services where the adequate performance of that service requires an engineering education, training, or experience in the application of special knowledge or judgment of the mathematical, physical or engineering sciences to that service are also considered a professional engineering service.(34) Professional Surveying - The practice of land, boundary, or property surveying or other similar professional practices.(35) Recognized institution of higher education - An institution of higher education as defined in §61.003, Education Code; or in the United States, an institution recognized by one of the six regional accrediting associations, specifically, the New England Association of Schools and Colleges, the North Central Association Commission on Accreditation and School Improvement, the Northwest Association of Schools and Colleges, the Southern Association of Colleges and Schools, the Western Association of Schools and Colleges, or the Middle States Association of Colleges & Schools; or, outside the United States, an institution recognized by the Ministry of Education or the officially recognized government education agency of that country; or a program accredited by ABET.(36) Registration - The legal authority permitting the holder to actively practice engineering or land surveying. Also, a certificate issued by the board showing such authority.(37) Respondent - The person or party that is the subject of a complaint filed with the board.(38) Responsible charge - Synonymous with the term \"direct supervision\"; used interchangeably with \"direct supervision\".(39) Responsible supervision - An earlier term synonymous with the term \"direct supervision;\" the term is still valid and may be used interchangeably with \"direct supervision\" when necessary.(40) Seal - An embossed, stamped, or electronic design authorized by the Board that authenticates, confirms, or attests that a person is authorized to offer and practice engineering or land surveying services to the public in the State of Texas and has legal consequence when applied.(41) Sole Practitioner - A firm that consists of an individual license holder with no other employees.(42) Supervision of Engineering Construction - As used in §1001.407 of the Act, includes the periodic observation of materials and completed work to determine general compliance with plans, specifications and design and planning concepts. Supervision of engineering construction does not include the construction means and methods; responsibility for the superintendence of construction processes, site conditions, operations, equipment, personnel; or the maintenance of a safe place to work or any safety in, on or about the site.(43) Surveying Act - the Professional Land Surveying Practices Act, Texas Occupations Code Chapter 1071.(44) Surveying Report - Survey drawing, written description, and/or separate narrative depicting the results of a land survey performed and conducted pursuant to this Act.", "sourceNote": "Source Note: The provisions of this §131.2 adopted\r\nto be effective December 24, 2020, 45 TexReg 9202; amended to be effective\r\nJanuary 7, 2025, 50 TexReg 151; amended to be effective June 4, 2025,\r\n50 TexReg 3245." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202198", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "B", "label": "ADMINISTRATION AND THE BOARD" }, "rule": { "number": "§131.3", "label": "Headquarters of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202199", "queryAsDate": "03/11/2026" }, "ruleBody": "The headquarters and administrative office of the Texas Board of Professional Engineers and Land Surveyors (board) is located at 1917 South Interstate 35, Austin, Texas 78741-3702.", "sourceNote": "Source Note: The provisions of this §131.3 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 11, 2016, 41 TexReg 9704; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202199", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "B", "label": "ADMINISTRATION AND THE BOARD" }, "rule": { "number": "§131.5", "label": "Board Seal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202200", "queryAsDate": "03/11/2026" }, "ruleBody": "The seal of the board shall be an embossed circular seal consisting of two concentric circles. The diameter of the inner circle shall be approximately 60% of the size of the outer circle which shall be the official seal of the State of Texas. The area between the two circles shall contain the wording \"Texas Board of Professional Engineers and Land Surveyors.\" The executive director shall be the custodian of the seal. The seal may be reproduced in other sizes provided the dimensions remain proportionate.", "sourceNote": "Source Note: The provisions of this §131.5 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202200", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "B", "label": "ADMINISTRATION AND THE BOARD" }, "rule": { "number": "§131.7", "label": "Organization of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202201", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Texas Occupations Code, Chapter 1001, the board shall consist of members appointed by the Governor with the advice and consent of the Senate. The board shall also have as a member the commissioner of the General Land Office or a licensed state land surveyor employee of the General Land Office designated by the commissioner as director of surveying who shall serve as an ex officio, nonvoting member of the board.(b) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor. The presiding officer shall be the Chair of the board.(c) The terms of board members appointed by the Governor shall be six years in length and shall be staggered so that the terms of not more than one-third of the members shall expire in a single calendar year. The terms of two members who are either licensed engineers or registered land surveyors and one member who is a representative of the public expire on August 31 of each odd-numbered year. Upon completion of a term, a member may continue to serve until a successor has been appointed. A member may be reappointed to successive terms at the discretion of the Governor.(d) The board shall elect from its own membership a vice chair, secretary, and treasurer. These officers shall serve from September 1 through August 31 and shall be elected annually at a board meeting prior to September 1.(e) The board as a whole may act as an executive committee.(f) Five voting members of the board shall constitute a quorum.(g) The board may transact official business only when in session with a quorum present and shall not be bound in any way by any statement or action on the part of any individual member except when such statement or action is in pursuance of specific instructions of the board. No order or decree shall be adopted by the board except in open meeting and in accordance with the Texas Government Code, Chapter 551.", "sourceNote": "Source Note: The provisions of this §131.7 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10161; amended to be effective December 11, 2016, 41 TexReg 9704; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202201", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "B", "label": "ADMINISTRATION AND THE BOARD" }, "rule": { "number": "§131.9", "label": "Officers of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202195", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Chair of the Board. The presiding officer shall be the chair of the board. When present, the chair shall preside at all meetings. The chair shall appoint such committees required by statute or rule and may appoint any additional committees as needed. The chair shall perform all other duties usually pertaining to the office of chair and permitted by law and shall have the authority to delegate any of those duties to the executive director. The chair shall have the authority to review the performance of the executive director and initiate alterations in the executive director's job requirements or employment status. The chair shall select and determine the agenda for meetings of the full board and may delegate that authority to the executive director.(b) Vice Chair of the Board. The vice chair, in the absence of the chair, shall perform the duties of the chair as specified in subsection (a) of this section. In the event the office of the chair shall become vacant, the vice chair shall serve until a new presiding officer has been appointed by the governor.(c) Pro Tem Chair of the Board. In the absence of the chair and vice chair from a regular or special meeting of the board, the remaining members, providing there is a quorum, shall elect a chair who shall serve until the conclusion of the meeting or until the arrival of the chair or vice chair.(d) Secretary of the Board. The secretary of the board is charged with carrying out the duties prescribed in the Act, §1001.211 and §1001.308 and may delegate those duties prescribed in §1001.211 to the executive director.(e) Treasurer of the Board. The treasurer of the board is charged with advising the board on budgetary and financial matters and carrying out any duties delegated by the board.", "sourceNote": "Source Note: The provisions of this §131.9 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 10, 2006, 31 TexReg 9829; amended to be effective December 2, 2007, 32 TexReg 8504; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202195", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "B", "label": "ADMINISTRATION AND THE BOARD" }, "rule": { "number": "§131.11", "label": "Board Member Responsibilities and Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202196", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each board member shall meet and maintain the qualifications for board membership as set by Texas Occupations Code Chapter 1001.(b) Each board member shall complete board member training prior to attendance and participation in a board or committee meeting.(c) A board member is subject to the provisions of §1001.106 of the Act relating to grounds for removal.(d) In order to be reimbursed for travel, other than travel to board and committee meetings, a board member shall have the approval of the chair or full board or executive director.(e) Each member of the board shall receive per diem as provided by law for each day that the member engages in the business of the board and will be reimbursed for travel expenses incurred in accordance with the state of Texas and board's travel policies.(f) A board member who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint:(1) may not vote on the matter at a board meeting related to the complaint; and(2) shall state at the meeting and record in the minutes why the member is prohibited from voting on the matter.(g) Board members shall submit an activity report that shall document the board member's activities related to the board that have occurred since the previous activity report was submitted including activities that occurred in a meeting that was noticed and held in accordance with the open meeting requirements of Chapter 551 of the Texas Government Code.", "sourceNote": "Source Note: The provisions of this §131.11 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10161; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202196", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "B", "label": "ADMINISTRATION AND THE BOARD" }, "rule": { "number": "§131.13", "label": "Vacancies in the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227251", "queryAsDate": "03/11/2026" }, "ruleBody": "If for any reason a vacancy shall occur in the board, the chair shall prepare a notice to the governor asking for the appointment of a new member to fill the unexpired term. If the vacancy shall occur in offices of vice chair, secretary, or treasurer of the board, the board shall elect a new officer to serve for the remainder of the unexpired term from its own membership at the first regular or special meeting following the vacancy.", "sourceNote": "Source Note: The provisions of this §131.13 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227251", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "B", "label": "ADMINISTRATION AND THE BOARD" }, "rule": { "number": "§131.15", "label": "Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202202", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board chair shall appoint the following standing committees, composed of four board members at least one of whom is a public member. A committee quorum shall consist of three members. Committee appointments shall be made by the chair for a term of up to two years but may be terminated at any point by the chair. Committee members may be re-appointed at the discretion of the chair. The board chair shall appoint a committee chair.(1) General Issues Committee. The committee shall meet as needed to evaluate issues and possibly develop proposed actions for the full board on issues of importance to the board and the professions. Such issues may include engineering or land surveying ethics, professionalism in practice, legislation, board management, and engineering or land surveying business issues.(2) Licensing and Registration Committee. The committee shall meet no less than twice each fiscal year to evaluate issues and possibly develop proposed actions for the full board on licensing and registration issues. The committee may participate in activities such as evaluating rules concerning licensing of engineers; licensing and registration of land surveyors; evaluating education and continuing education program requirements; conducting personal interviews of applicants; evaluating applications; participating in national and international engineering and land surveying licensing and registration activities on the board's behalf; providing general guidance to the executive director on licensing and registration issues; and evaluating any other issue indirectly or directly relating to engineering or land surveying licensing and registration.(3) Compliance and Enforcement Committee. The committee shall meet as needed to evaluate issues and possibly develop proposed actions for the full board on enforcement issues. The committee may participate in activities such as evaluating rules concerning enforcement of the Acts; reviewing the progress of enforcement activities; suggesting sanctions for violations of the Acts; participation in national and international engineering and land surveying law enforcement activities on the board's behalf; providing general guidance to the executive director on enforcement issues; evaluating continuing education program requirements; and evaluating any other issue indirectly or directly relating to engineering or land surveying law enforcement.(4) Policy Advisory Opinion Committee. The committee shall meet as needed to review, prepare and recommend policy advisory opinions regarding the interpretation or application of the Engineering Act or the Surveying Act and to perform related activities pursuant to board approval. The committee shall follow the process and procedures for issuing advisory opinions as prescribed in Subchapter H of this chapter (relating to Advisory Opinions).(5) Legislative Issues Committee. The committee shall meet as needed to consider legislative matters that may affect the practice of engineering and land surveying in the state. Pursuant to the Chapter 556, Texas Government Code, the committee shall not lobby or strive to influence legislation regarding the practice of engineering but meet to consider board responses to pending legislation and assist in answering related inquiries from the Texas Legislature, Governor or other state agency or governmental entity during the legislative session.(b) Nominating Committee. The board's chair shall appoint a nominating committee consisting of the chair and two board members to nominate candidates for the offices of vice chair, secretary, and treasurer. The nominating committee shall meet prior to the regular board meeting prior to September 1 of each year to allow election of officers at that meeting.(c) Ad Hoc Committees. The board chair, full board, or a standing committee may appoint an ad hoc committee to assist in resolving particular issues.(1) The chair or committee chair shall establish a specific purpose and duration for each ad hoc committee. Ad hoc committees previously appointed may be reappointed in part or in whole for a specific purpose and duration.(2) Ad hoc committees shall be limited to investigating and evaluating issues assigned, and making a report to the full board or appropriate standing committee with recommendations concerning possible board positions, actions or inactions. The board or appropriate standing committee shall receive the report of each ad hoc committee publicly, and shall recommend appropriate action, if any, to the full board.(d) Advisory Committees. In accordance with §1001.216, the board shall appoint a Surveying Advisory Committee and may appoint other advisory committees. (1) The Surveying Advisory Committee may, on its own initiative or at the request of any interested person, prepare a written report or recommendation to the board on any surveying-related subject regulated by the Board.(2) The board shall maintain a written public record of each subject discussed and action taken at the Surveying Advisory Committee's meetings.(e) Committee actions. The actions of any committee are recommendations only and are not binding until ratification by the board at a regularly scheduled meeting or if authorized by rule.", "sourceNote": "Source Note: The provisions of this §131.15 adopted to be\r\neffective May 20, 2004, 29 TexReg 4871; amended to be effective December\r\n10, 2006, 31 TexReg 9829; amended to be effective March 8, 2007, 32\r\nTexReg 1074; amended to be effective September 10, 2007, 32 TexReg\r\n6152; amended to be effective December 21, 2008, 33 TexReg 10162;\r\namended to be effective July 20, 2009, 34 TexReg 4736; amended to\r\nbe effective December 19, 2010, 35 TexReg 11257; amended to be effective\r\nDecember 11, 2011, 36 TexReg 8375; amended to be effective March 15,\r\n2018, 43 TexReg 1438; amended to be effective December 24, 2020, 45\r\nTexReg 9202; amended to be effective January 7, 2026, 51 TexReg 132." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202202", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "C", "label": "BOARD STAFF" }, "rule": { "number": "§131.31", "label": "Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202204", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director shall be employed by the board to be the administrator of the agency.(b) The executive director shall be a licensed professional engineer or registered professional land surveyor, and shall faithfully execute all directives of the board that are within the scope of the board's legal authority.(c) The duties of the executive director shall be to administer and enforce the applicable law, to assist in conducting meetings of the board, and to carry out other responsibilities as assigned by the board. The executive director shall have sole authority to employ a staff within the budget authorized; perform all supervisory functions including employee evaluations, promotions, disciplinary actions and terminations; and develop and implement all agency policies and procedures concerning the operation of the agency office. The duties imposed on the executive director under this section may be executed through board staff.(d) The executive director shall be evaluated by the chair as needed. The executive director serves at the pleasure of the board and employment may be terminated at any time by a negative vote of confidence from a simple majority of the full board.", "sourceNote": "Source Note: The provisions of this §131.31 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202204", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "C", "label": "BOARD STAFF" }, "rule": { "number": "§131.35", "label": "Employee Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202205", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to the State Employees Training Act, Section 656 of the Texas Government Code, the board may provide training and educational programs for its administrators and employees as a part of staff development and continuing education. These programs shall be offered in order for the staff to keep abreast of changes in technologies, legal developments, human resource issues, and to further enhance the employees' knowledge, skills, and abilities, and to provide continuing professional competency education for the engineering staff members.(b) Employees may be approved to attend workshops, seminars, conferences, and other special programs or activities that directly benefit the employee and the agency. The approval decision shall be made in advance and shall be at the discretion of the executive director. Any membership fees, dues, and travel associated with an employee's attendance at these functions shall be paid for by the board as long as there is a direct benefit to the board and the activity is part of the agency's official business.(c) Financial assistance may be awarded for some or all of the following expenses:(1) tuition, including correspondence courses that fulfill degree, professional or General Equivalence Diploma (GED) program plan requirements;(2) degree plan pertinent College Level Equivalency Program examinations if the employee receives college credit or waiver of course requirements;(3) degree plan pertinent Life Experience Assessments if the employee receives college credit; and(4) required fees, including lab fees, and books.(d) Financial assistance granted under this program shall not exceed $1500 per fiscal year per employee.(e) To be eligible for consideration for training and education assistance, an employee must:(1) be in good standing with the board;(2) meet and continue to meet all performance expectations;(3) have at least 12 months of service with the board or state; and(4) seek enrollment and participation in a field of study that relates to assigned or prospective job duties, a professional development requirement, a GED program or a higher education degree plan.(f) To maintain eligibility in a degree program, an employee must be enrolled in an institution of higher education in a course of instruction leading toward a degree and maintain a passing grade point average.(g) To maintain eligibility in a GED program an employee must be enrolled each semester in a GED program and maintain a passing grade point average.(h) The employee must attend and satisfactorily complete the education and training, including passing tests or other types of performance measures where required.(i) Each semester an employee must provide grade reports to verify that full credit was received for courses taken.(j) An employee must provide fee receipts for courses to be taken and must promptly report outside funds such as grants, scholarships or other financial aid received. The executive director may adjust the assistance provided to the employee at any time for any reason.(k) Any employee who has received assistance under this program shall repay the entire amount of the assistance received if the employee voluntarily leaves the board's employ within six months of concluding an educational program for which assistance was granted.(l) The executive director may require a written agreement between the board and the employee describing the terms and conditions of the education or training assistance to be provided by the board. The board may impose such terms and conditions as may be reasonable and appropriate, including but not limited to, specifying the circumstances under which the assistance may be terminated and the employee may be required to repay the amount of assistance.(m) The executive director will reconsider each employee's participation in the Education Assistance Program each semester.(n) Assistance may be terminated and the employee may be required to repay all funds received from the institution if the employee:(1) withdraws from the institution;(2) is removed or prohibited from attending the institution;(3) fails to comply with one or more terms of the assistance agreement, including but not limited to, additional terms concerning termination and repayment of assistance; or(4) is terminated by the board during the duration of the assistance agreement.(o) The board may pay the license fees of employees who are required to provide services as part of their duty assignments. The board will not pay for driver's license fees or other license fees where the license can be considered a basic personal resource.", "sourceNote": "Source Note: The provisions of this §131.35 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10162; amended to be effective September 29, 2013, 38 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202205", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "C", "label": "BOARD STAFF" }, "rule": { "number": "§131.37", "label": "State Contract Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202206", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Chapter 2261, Texas Government Code, the executive director or his/her representative shall establish a written procedure to identify each contract that requires enhanced contract or performance monitoring and submit information on the contract to the Board.", "sourceNote": "Source Note: The provisions of this §131.37 adopted to be effective December 14, 2015, 40 TexReg 8888; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202206&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202206", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "D", "label": "MEETINGS" }, "rule": { "number": "§131.41", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202207", "queryAsDate": "03/11/2026" }, "ruleBody": "All meetings of the board and standing committees shall be held in accordance with Chapter 551, Texas Government Code.", "sourceNote": "Source Note: The provisions of this §131.41 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202207", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "D", "label": "MEETINGS" }, "rule": { "number": "§131.43", "label": "Public Participation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202208", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall include \"public comment\" as a topic on the agenda for each regularly scheduled board or committee meeting.(b) A person may address the board regarding any issue related to the jurisdiction of the board other than open complaints filed with the board pursuant to Subchapter F of the Engineering Act, matters concerning cases pending at the State Office of Administrative Hearings, or cases deemed confidential. A person wishing to address the board about any subject under the board's jurisdiction shall fill out a Public Comment form prior to the start of the meeting and submit the form to the chair.(c) The chair will recognize those requests to address the board during the \"public comment\" portion of a meeting.(d) The chair may impose a time limit for those wishing to address or make a presentation to the board. The allotted period for a person addressing the board may only be extended by board vote and may not be extended by another person delegating, ceding, passing or otherwise granting allotted comment time in lieu of addressing the board.(e) The board may not comment or make a decision about a subject not listed on the agenda except to reply with:(1) a statement of specific factual information in response to the inquiry;(2) a recitation of existing policy in response to the inquiry; or,(3) a proposal to place the subject on the agenda for a subsequent board or committee meeting.(f) At least 20 days prior to a meeting, a person from the general public may submit a written request to the chair, a committee chair, or executive director for an item to be placed on the meeting agenda. The executive director shall forward such requests to the chair or appropriate committee chair. The chair or committee chair shall consider the request but has the discretion to include the requested item on the agenda or to only allow for comment as described in subsections (a) through (e) of this section.", "sourceNote": "Source Note: The provisions of this §131.43 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective March 15, 2018, 43 TexReg 1438; amended to be effective December 24, 2020 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202208&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202208", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "D", "label": "MEETINGS" }, "rule": { "number": "§131.45", "label": "Regular Board Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202209", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall hold a minimum of two regular meetings each calendar year.", "sourceNote": "Source Note: The provisions of this §131.45 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 24, 2020, 45 TexReg 2020." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202209", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "D", "label": "MEETINGS" }, "rule": { "number": "§131.47", "label": "Special Board Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202211", "queryAsDate": "03/11/2026" }, "ruleBody": "Special meetings may be called by the chair or upon the request of at least three board members.", "sourceNote": "Source Note: The provisions of this §131.47 adopted to be effective May 20, 2004, 29 TexReg 4871." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202211", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "D", "label": "MEETINGS" }, "rule": { "number": "§131.51", "label": "Order of Business" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202212", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In conjunction with the chair of the board or committee chair as applicable, the executive director shall prepare a written agenda for each board and committee meeting and distribute a copy of the agenda to all board members and shall post notice of the meeting with the secretary of state in compliance with Chapter 551, Texas Government Code.(b) At least 20 days prior to a meeting, any board member may request the chair or committee chair to place an item on the meeting agenda. It is within the chair's or committee chair's discretion to determine the items to be placed on the agenda; however, upon the request of at least three board members, the chair or committee chair shall place an item on the agenda.", "sourceNote": "Source Note: The provisions of this §131.51 adopted to be effective May 20, 2004, 29 TexReg 4871." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202212", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "D", "label": "MEETINGS" }, "rule": { "number": "§131.53", "label": "Minutes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139106", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the distribution required by law, copies of the official minutes of each meeting of the board shall be distributed to such persons as the board may direct and to such private citizens as may make a formal written request. An official copy of all board minutes shall remain on file in the board office, available to any citizen desiring to examine them. The board may elect to make recordings of the board meetings and shall maintain such recordings in accordance with the approved State of Texas Records Retention Schedule.", "sourceNote": "Source Note: The provisions of this §131.53 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective September 9, 2012, 37 TexReg 6912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139106", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "D", "label": "MEETINGS" }, "rule": { "number": "§131.61", "label": "Financial" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164995", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The fiscal year of the board shall begin September 1 and close the following August 31. The fiscal year shall be designated to correspond with the calendar year in which it closes.(b) The operating budget and fees schedule shall be prepared by the executive director and submitted to the board for approval.(c) Pursuant to the requirements of §2161.003 of the Texas Government Code, the board adopts the rules of the Comptroller of Public Accounts relating to the Historically Underutilized Business (HUB) Program and stated at Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter B.(d) The board adopts by reference the rules of the Office of the Attorney General in Texas Administrative Code, Title 1, Part 3, Chapter 68 relating to Negotiation and Mediation of Certain Contract Disputes to comply with the requirements of Texas Government Code, Chapter 2260, §2260.052(c). The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of contract's complexity, subject matter, dollar amount, or method and time of performance.", "sourceNote": "Source Note: The provisions of this §131.61 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10162." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164995", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "D", "label": "MEETINGS" }, "rule": { "number": "§131.63", "label": "Self-Directed Semi-Independent Agency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111259", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall adopt, monitor, and update policies as required to comply with the Self-Directed Semi-Independent Act (Government Code, Title 4, Subtitle E, Chapter 472).", "sourceNote": "Source Note: The provisions of this §131.63 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10163; amended to be effective December 17, 2013, 38 TexReg 9041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111259", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "E", "label": "FISCAL MATTERS" }, "rule": { "number": "§131.71", "label": "National Council of Examiners for Engineering and Surveying" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may affiliate with the National Council of Examiners for Engineering and Surveying (NCEES). Each board member may become a member of the council and the executive director and other staff members designated by the board may be associate members of the council.(b) The board may select and contract with former board members to serve as emeritus members to NCEES meetings to participate in Council activities and represent board interests in national professional engineering issues. The emeritus members to NCEES may attend board and committee meetings to serve in an advisory capacity and shall present board actions to NCEES as directed by the board.", "sourceNote": "Source Note: The provisions of this §131.71 adopted to be effective May 20, 2004, 29 TexReg 4871." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139108", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "E", "label": "FISCAL MATTERS" }, "rule": { "number": "§131.73", "label": "Memoranda of Understanding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202213", "queryAsDate": "03/11/2026" }, "ruleBody": "The board may enter into a memorandum of understanding with any state agency, governmental entity, or other organization.", "sourceNote": "Source Note: The provisions of this §131.73 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10163." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202213", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "G", "label": "ADMINISTRATION" }, "rule": { "number": "§131.83", "label": "Requests for Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215834", "queryAsDate": "03/11/2026" }, "ruleBody": "The executive director shall be the official custodian of all board records and the executive director or their designee shall process and respond to all requests for information in the manner prescribed by Chapter 552, Texas Government Code.", "sourceNote": "Source Note: The provisions of this §131.83 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10163." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215834", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "G", "label": "ADMINISTRATION" }, "rule": { "number": "§131.85", "label": "Board Rules Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202215", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Proposed amendments, deletions, or additions to the board rules of practice and procedure may be submitted by the staff or any board member. Board action to accept or amend the proposal shall require a majority vote when a quorum is present at a meeting. A proposal or amended proposal, as accepted by the board, can be promulgated as an amendment, deletion, or addition to board rules by following the procedures set out in Chapters 2001 and 2002 of the Texas Government Code.(b) The board shall accept a petition from an interested person as defined in Texas Government Code, Chapter 2001, submitted by at least 25 persons or by an association having at least 25 members to adopt, delete, or amend a rule. For a petition under this section, at least 51 percent of the total number of signatures required must be of residents of this state. The petition must be filed with the executive director at least 30 days and not more than 60 days prior to a regular board meeting at which board action will be taken. Such a petition must include, but need not be limited to, the following requirements:(1) Full name and complete mailing address and telephone number of the petitioner on whose behalf the petition is filed.(2) Reference to the rule which it is proposed to make, change or amend, or delete, so that it may be identified and prepared in a manner to indicate the word, phrase, or sentence to be added, changed, or deleted from the current text, if any. The proposed rule should be presented in the exact form in which it is to be published, adopted, or promulgated.(3) The desired effective date should be stated.(4) Justification for the proposed action in narrative form with sufficient particularity to fully inform the board and any interested party of the facts upon which the petitioner relies, including the statutory authority for the promulgation of the proposed rule.(5) Include a brief statement detailing the desired effect to be achieved by the proposed rule, change, or amendment or deletion.(6) A concise summary of the proposed rule, change, or amendment.(7) Signatures on the petition of the petitioners and/or the attorney or representative of the petitioners.(8) Any fee required by statute or board rules.(c) Within 60 days after submission of a petition requesting the adoption of a rule, the board either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rule making proceedings in accordance with subsection (a) of this section and by law.(d) In any case in which a public emergency or imperative public necessity so requires, the board may suspend the operation of these sections to the extent authorized by law.(e) Invalid Portions and Saving Provisions:(1) If any subcategory, rule, section, subsection, sentence, clause, or phrase of these rules is for any reason held invalid, such decision shall not affect the validity of the remaining portions of these sections. The board hereby declares that it would have adopted these sections and such subcategories, rules, sections, subsections, sentences, clauses, or phrases thereof irrespective of the fact that any one or more of the subcategories, rules, sections, subsections, sentences, clauses, or phrases be declared invalid.(2) Since individual board rules are adopted, changed, or deleted periodically, each rule herein will apply only to acts occurring on or after the effective date of the rule. An act occurring before the effective date of one or more of these rules will be governed by the rules existing before the effective date, which rules are continued in effect for this purpose as if these rules were not in force. Any proceeding pending before the board on the effective date of one or more of these rules is governed by the rules existing before the effective date of these rules, which rules are continued in effect for this purpose as if these rules were not in force.(3) If there is any conflict between the agency's rules and statutory provisions, and the rules cannot be harmonized with the statute in a timely manner, the statutory provisions shall control. The board shall issue a statement describing the irregularity, expected schedule for correction, and necessary action by an effected party.(f) The effective date of each rule or subdivision of each rule shall be that date published as the effective date of the rule or subdivision of the rule in the Texas Register as a result of the rule making procedures set out in Chapters 2001 and 2002, Texas Government Code.(g) The board reserves the right to revise the format of these rules of practice and procedure to comply with statutory requirements, and such required revision shall not invalidate any portion or change the effective date of the rules of practice and procedure as adopted by the board.(h) The board may not adopt a rule related to the scope of practice of, the professional or technical standards for, or the standards of conduct and ethics for land surveyors before considering advice and recommendations from the surveying advisory committee described in §1001.216 of the Act.", "sourceNote": "Source Note: The provisions of this §131.85 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective December 21, 2008, 33 TexReg 10164; amended to be effective July 16, 2009, 34 TexReg 4637; amended to be effective December 14, 2015, 40 TexReg 8888; amended to be effective December 11, 2016, 41 TexReg 9704; amended to be effective December 24, 2020, 45 TexReg 9202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202215", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "G", "label": "ADMINISTRATION" }, "rule": { "number": "§131.87", "label": "Negotiated Rule Making Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227252", "queryAsDate": "03/11/2026" }, "ruleBody": "Notice of a proposed new rule or amendment of any existing rule shall be made in accordance with the provisions of §2001.023 and §2001.024 of the Texas Government Code. The board's policy is to encourage the use of negotiated rulemaking for the adoption of board rules in appropriate situations.(1) The Executive Director shall designate the board's negotiated rulemaking coordinator (NRC). The NRC shall perform the following functions, as required:(A) coordinate the implementation of the policy set out in this subsection, and in accordance with the Negotiated Rulemaking Act, Chapter 2008, Government Code;(B) serve as a resource for any staff training or education needed to implement negotiated rulemaking procedures; and(C) collect data to evaluate the effectiveness of negotiated rulemaking procedures implemented by the board.(2) The Board, a committee of the Board, or the Executive Director may direct the NRC to begin negotiated rulemaking procedures on a specified subject.", "sourceNote": "Source Note: The provisions of this §131.87 adopted to be effective March 15, 2018, 43 TexReg 1438." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227252", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "H", "label": "ENGINEERING ADVISORY OPINIONS" }, "rule": { "number": "§131.101", "label": "Subject of an Advisory Opinion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227253", "queryAsDate": "03/11/2026" }, "ruleBody": "On its own initiative or at the request of any interested person, the board shall prepare a written advisory opinion about:(1) an interpretation of the Engineering Act, Surveying Act, or board rules; or(2) the application of the Engineering Act, Surveying Act, or board rules to a person in regard to a specified existing or hypothetical factual situation.", "sourceNote": "Source Note: The provisions of this §131.101 adopted\r\nto be effective May 20, 2004, 29 TexReg 4871; amended to be effective\r\nSeptember 8, 2005, 30 TexReg 5362; amended to be effective December\r\n21, 2008, 33 TexReg 10165; amended to be effective December 24, 2020,\r\n45 TexReg 9202; amended to be effective January 7, 2026, 51 TexReg\r\n132." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227253", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "H", "label": "ENGINEERING ADVISORY OPINIONS" }, "rule": { "number": "§131.103", "label": "Request for an Advisory Opinion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202226", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A request for an advisory opinion shall include, at a minimum, sufficient information in order for the board to provide a complete response to the request. The requestor must provide the following, as applicable:(1) requestor contact information including the name of the requestor;(2) affected section(s) of the Engineering Act, Surveying Act, and/or board rules;(3) description of the situation;(4) reason the advisory opinion is requested;(5) parties or stakeholders that will be affected by the opinion, if known; and(6) any known, pending litigation involving the situation. (b) A request for an advisory opinion shall be in writing. A written request may be mailed, sent via electronic mail, or hand-delivered to the board at the agency office.(c) A request for an advisory opinion may not be submitted anonymously. A request that does not include the information required in subsection (a)(1) of this section will be rejected and a response will not be prepared.", "sourceNote": "Source Note: The provisions of this §131.103 adopted to\r\nbe effective May 20, 2004, 29 TexReg 4871; amended to be effective\r\nSeptember 8, 2005, 30 TexReg 5362; amended to be effective December\r\n24, 2020, 45 TexReg 9202; amended to be effective January 7, 2026,\r\n51 TexReg 132." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202226", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "H", "label": "ENGINEERING ADVISORY OPINIONS" }, "rule": { "number": "§131.105", "label": "Board Initiated Opinion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227254", "queryAsDate": "03/11/2026" }, "ruleBody": "When a majority of the board determines that an opinion would be in the public interest or in the interest of any person or persons within the jurisdiction of the board, the board may on its own motion issue an advisory opinion.", "sourceNote": "Source Note: The provisions of this §131.105 adopted to be effective May 20, 2004, 29 TexReg 4871." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227254", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "H", "label": "ENGINEERING ADVISORY OPINIONS" }, "rule": { "number": "§131.107", "label": "Receipt, Review, and Processing of a Request" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board, through the policy advisory opinion committee, shall review all requests for advisory opinions.(b) Upon receipt of a request for an advisory opinion, executive director will date stamp the request, issue an Advisory Opinion Request (AOR) tracking number, and make a preliminary determination on the board's jurisdiction regarding the request. (c) The executive director will review the request to determine if the request can be answered by reference to the plain language of a statute or a board rule, or if the request has already been answered by the board.(d) If the executive director determines the board has no jurisdiction or the request can be answered by reference to a statute, board rule, or previous opinion, the executive director shall prepare a written response for the policy advisory opinion committee addressed to the person making the request that cites the jurisdictional authority, the language of the statute or rule, or the prior determination. (e) The policy advisory opinion committee shall review all requests for advisory opinions and may:(1) approve jurisdiction and reference responses, as applicable, and report a summary of these actions to the full board for ratification; or(2) determine the request warrants an advisory opinion and to proceed with developing an advisory opinion.(f) If a request warrants an advisory opinion, the policy advisory opinion committee shall determine if further information is needed to draft an advisory opinion. If additional information is needed, the committee shall determine what information is needed and instruct the executive director to obtain expert resources, hold stakeholder meetings, or perform other research and investigation as necessary to provide the information required to draft an advisory opinion and report back to the committee.(g) If during the process, the committee determines that the request is one the board cannot answer, then the committee shall have the executive director provide written notification to the person making the request of the reason the request will not be answered and this response shall be ratified by the full board.(h) When sufficient information exists, the policy advisory opinion committee shall draft an advisory opinion and post the request and draft opinion on the agency website and in the Texas Register for comments. (i) Draft opinions shall be posted for at least 30 days and any interested person may submit written comments concerning an advisory opinion request. Comments submitted should reference the AOR number. (j) Upon completion of the comment period, the policy advisory opinion committee shall consider any comments made and draft a final opinion recommendation to be presented for review and adoption by the full board.(k) The full board shall review and adopt the policy advisory opinion or determine if further revisions are required and refer the request back to the policy advisory opinion committee with guidance on proceeding with completing the request. (l) Each final advisory opinion adopted by the full board shall be published in summary form in the Texas Register. (m) To reconsider or revise an issued advisory opinion, the board shall process the reconsideration or revision as a new request and follow the process as set forth in this section.", "sourceNote": "Source Note: The provisions of this §131.107 adopted to\r\nbe effective May 20, 2004, 29 TexReg 4871; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 132." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227255", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "H", "label": "ENGINEERING ADVISORY OPINIONS" }, "rule": { "number": "§131.109", "label": "Compilation of Advisory Opinions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227256", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall number and classify each final advisory opinion issued and shall annually compile a summary of advisory opinions in a single reference document made available on the Board's website. The executive director may also publish and provide copies of advisory opinions in other formats as may be in the public interest.", "sourceNote": "Source Note: The provisions of this §131.109 adopted to\r\nbe effective May 20, 2004, 29 TexReg 4871; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 132." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227256", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "H", "label": "ENGINEERING ADVISORY OPINIONS" }, "rule": { "number": "§131.111", "label": "Time Period" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190041", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall respond to requests for an advisory opinion within 180 days after the date the board receives the written request unless the board affirmatively states the board's reason for not responding to the request within 180 days or for not responding to the request at all.", "sourceNote": "Source Note: The provisions of this §131.111 adopted to\r\nbe effective May 20, 2004, 29 TexReg 4871; amended to be effective\r\nDecember 21, 2008, 33 TexReg 10165; amended to be effective January\r\n7, 2026, 51 TexReg 132." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190041", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "131", "label": "ORGANIZATION AND ADMINISTRATION" }, "subchapter": { "number": "H", "label": "ENGINEERING ADVISORY OPINIONS" }, "rule": { "number": "§131.113", "label": "Mediation and Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111204", "queryAsDate": "03/11/2026" }, "ruleBody": "It is the Board's policy to encourage the resolution and early settlement of all disputed matters, internal and external, through voluntary settlement procedures.(1) The Executive Director shall designate a board employee as the board's Alternative Dispute Resolution Director to perform the following functions:(A) maintain necessary agency records of alternative dispute resolution procedures while maintaining the confidentiality of participants;(B) establish a method for the appointment of impartial third party mediators, moderators or arbitrators for alternative dispute resolution proceedings;(C) provide information about available alternative dispute resolution processes to agency employees, potential users, and users of the alternative dispute resolution program;(D) arrange training or education necessary to implement alternative dispute resolution processes; and(E) establish a system to evaluate the alternative dispute resolution program and mediators.(2) The Board, a committee of the Board, a respondent in a disciplinary matter pending before the board pursuant to §139.31 of this title (relating to Enforcement Actions for Violations of the Act), the Executive Director of the Board or a board employee engaged in a dispute with the Executive Director may request that a contested matter be submitted for alternative dispute resolution through mediation as described in §154.023 of the Texas Civil Practice and Remedies Code, moderated settlement conference as described in §154.025 of the Texas Civil Practice and Remedies Code, and non-binding arbitration as described in §154.027 of the Texas Civil Practice and Remedies Code by making a written request for alternative dispute resolution that states the type of alternative dispute resolution requested and sets forth the issues to be submitted for alternative dispute resolution. A respondent in a disciplinary proceeding may not request mediation until a recommendation regarding that disciplinary matter has been made and a Consent Order has been offered in accordance with Board Rule §139.19 (relating to Final Resolution of Complaint). The request must be delivered to the Alternative Dispute Resolution Director at the board's office.(3) The party who requests alternative dispute resolution shall pay the cost of the impartial third party mediator, moderators or arbitrators and shall otherwise bear their own costs of alternative dispute resolution.(4) Any resolution reached as a result of an alternative dispute resolution procedure is intended to be through the voluntary agreement of all of the parties. The resolution of a contested matter reached as a result of an alternative dispute resolution procedure must be in writing, signed by all of the parties, and is enforceable in the same manner as any other written contract; provided however, that any signed resolution that purports to bind the board must be ratified by the board and may be made public depending upon the terms of the agreed resolution.(5) A communication relating to the subject matter made by a party in an alternative dispute resolution procedure is confidential, is not subject to disclosure, and may not be used as evidence in any further proceeding. Any notes or record made of an alternative dispute resolution procedure are confidential, and parties, including impartial third party mediators, moderators, or arbitrators may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute or under consideration. An oral communication or written material used in or made a part of an alternative dispute resolution procedure is admissible or discoverable only if it is admissible or discoverable independent of the procedure. If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to a judge or administrative law judge in Travis County, Texas to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.", "sourceNote": "Source Note: The provisions of this §131.113 adopted to be effective March 15, 2018, 43 TexReg 1438." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111204", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "ENGINEER-IN-TRAINING" }, "rule": { "number": "§133.1", "label": "Engineer-in-Training Designation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227257", "queryAsDate": "03/11/2026" }, "ruleBody": "Individuals who meet the educational requirements of §1001.302(a)(1) of the Act and have successfully passed the examination on the fundamentals of engineering are eligible to apply for engineer-in-training certification. This certification does not entitle an individual to practice as a professional engineer.", "sourceNote": "Source Note: The provisions of this §133.1 adopted to be effective May 20, 2004, 29 TexReg 4873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227257", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "ENGINEER-IN-TRAINING" }, "rule": { "number": "§133.3", "label": "Engineer-in-Training Application and Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227258", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To become enrolled as an Engineer-in-Training (EIT), an individual must:(1) have successfully passed the examination on the Fundamentals of Engineering;(2) submit an EIT application in a format prescribed by the Board;(3) submit an official transcript in accordance with §§133.33 or 133.35 of this chapter (relating to Proof of Educational Qualifications); and(4) pay the fee as established by the Board.(b) A certificate as an engineer-in-training expires eight years from the date of issuance. Although the certificate has an expiration date, the records of the Board will indicate that an individual has passed the Fundamentals of Engineering examination and these records will be maintained in the file indefinitely and will be made available as requested by the individual or another licensing jurisdiction.(c) The certificate may be renewed upon receipt of an application in a format prescribed by the Board and payment of the EIT certification fee established by the Board.(d) Effective January 1, 2002, official transcripts will be kept on file and an EIT may request its use when filing the professional engineer application.(e) If the applicant for EIT certification does not submit all documents required within 90 days of the original application date, the application shall expire and the applicant must reapply and pay a new application fee.", "sourceNote": "Source Note: The provisions of this §133.3 adopted to be\r\neffective May 20, 2004, 29 TexReg 4873; amended to be effective December\r\n10, 2006, 31 TexReg 9830; amended to be effective December 21, 2008,\r\n33 TexReg 10165; amended to be effective May 1, 2016, 41 TexReg 1838;\r\namended to be effective January 7, 2026, 51 TexReg 133." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227258", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "B", "label": "PROFESSIONAL ENGINEER LICENSES" }, "rule": { "number": "§133.11", "label": "Types of Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190049", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall receive, evaluate and process all applications for licensure as a professional engineer received from individuals who assert through the application process that they meet the minimum requirements of §1001.302 of the Act. The board shall deny a license to any applicant found not to have met all requirements of the Act and board rules.(1) Standard License. Standard licenses are fully renewable until such time as the board takes specific action to prevent renewal or in accordance with the Texas Engineering Practice Act. An application received and processed under the following sections will be considered a standard license:(A) §133.21 of this chapter (relating to Application for a Standard License)(B) §133.23 of this chapter (relating to Applications from Former Standard License Holders)(C) §133.25 of this chapter (relating to Applications from Engineering Educators)(D) §133.26 of this chapter (relating to Applications for Texas Licensure by License Holders in Another Jurisdiction)(2) Temporary License.(A) A temporary license holder shall be subject to all other rules and legal requirements to which a holder of a standard license is subject.(B) After a temporary license has expired, a former temporary license holder may not apply for a subsequent temporary license.(C) A current temporary license holder may initiate the standard licensure process.(D) An application received and processed under the following sections will be considered a temporary license:(i) §133.27 of this chapter (relating to Application for Temporary License for Engineers Currently Licensed Outside the United States)(ii) §133.29 of this chapter (relating to Application for License for Military Service Members, Military Veterans, and Military Spouses)(3) Provisional License. The board may issue a provisional license in accordance with the provisions of Texas Occupations Code Section 53.0211 and may add any additional conditions the board finds necessary to ensure the health, safety, and welfare of the public.", "sourceNote": "Source Note: The provisions of this §133.11 adopted\r\nto be effective May 20, 2004, 29 TexReg 4873; amended to be effective\r\nNovember 8, 2004, 29 TexReg 10263; amended to be effective September\r\n8, 2005, 30 TexReg 5363; amended to be effective January 1, 2006,\r\n30 TexReg 8683; amended to be effective June 20, 2006, 31 TexReg 4860;\r\namended to be effective December 21, 2008, 33 TexReg 10166; amended\r\nto be effective July 16, 2009, 34 TexReg 4638; amended to be effective\r\nMarch 10, 2025, 50 TexReg 1823; amended to be effective January 7,\r\n2026, 51 TexReg 133." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190049", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "B", "label": "PROFESSIONAL ENGINEER LICENSES" }, "rule": { "number": "§133.13", "label": "Branches of Engineering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213098", "queryAsDate": "03/11/2026" }, "ruleBody": "The board recognizes the following list of disciplines to assist in determining an applicant's competency. Those branches in which a National Council of Examiners for Engineering and Surveying (NCEES) examination is offered are followed by the acronym (NCEES).(1) Aeronautical/aerospace;(2) Agricultural (NCEES);(3) Architectural (NCEES);(4) Biomedical;(5) Ceramic;(6) Chemical (NCEES);(7) Civil (NCEES);(8) Control systems (NCEES);(9) Electrical, electronic, computer, communications (NCEES);(10) Engineering sciences/general;(11) Environmental (NCEES);(12) Fire protection (NCEES);(13) Geological;(14) Industrial (NCEES);(15) Manufacturing;(16) Mechanical (NCEES);(17) Metallurgical (NCEES);(18) Mining/mineral (NCEES);(19) Naval architecture/marine engineering (NCEES);(20) Nuclear (NCEES);(21) Ocean;(22) Petroleum (NCEES);(23) Sanitary;(24) Software;(25) Structural (NCEES);(26) Textile;(27) Welding;(28) Other.", "sourceNote": "Source Note: The provisions of this §133.13 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective February 24, 2005, 30 TexReg 846; amended to be effective December 10, 2006, 31 TexReg 9830; amended to be effective March 15, 2018, 43 TexReg 1439." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213098", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS" }, "rule": { "number": "§133.21", "label": "Application for Standard License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213096", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for licensure as a professional engineer, one must submit a completed application.(b) All persons must pass the examination on the fundamentals of engineering or be eligible for a waiver from the examination on the fundamentals of engineering before submitting an application.(c) Applicants must speak and write the English language. Proficiency in English may be evidenced by an accredited degree taught exclusively in English, or passage of the Test of English as a Foreign Language (TOEFL) with a written score of at least 550, a computer based score of at least 200 or an internet based score of at least 95, or other evidence such as significant academic or work experience in English acceptable to the executive director.(d) Applicants for a license shall submit:(1) an application in a format prescribed by the board and shall:(A) list his or her full, legal name without abbreviations, nicknames, or other variations of the full legal name. If applicable, the applicant shall submit proof of a legal name change including but not limited to a marriage certificate, passport, current Driver's License issued by the State of Texas, court documents, or nationalization documents to substantiate other documentation submitted in the application; and(B) list social security number, as required under the Texas Family Code, §231.302;(2) current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;(3) proof of educational credentials pursuant to §133.33 or §133.35 of this chapter (relating to Proof of Educational Qualifications);(4) supplementary experience record as required under §133.41 of this chapter (relating to Supplementary Experience Record);(5) reference statements as required under §133.51 of this chapter (relating to Reference Providers);(6) documentation of a passing score on examination(s), which may include official verifications from the National Council of Examiners for Engineering and Surveying (NCEES) or other jurisdictions as required under §133.61(g) of this chapter (relating to Engineering Examinations), if applicable;(7) verification of a current license, if applicable;(8) a completed Texas Engineering Professional Conduct and Ethics Examination as required under §133.63 of this chapter (relating to Professional Conduct and Ethics Examination);(9) TOEFL scores, if applicable;(10) information regarding any judgments of convictions, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a form prescribed by the board together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges;(11) documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act; and(12) if applicable, written requests for waivers of the examinations on the fundamentals and/or principles and practices of engineering, TOEFL documentation, or a commercial evaluation of non-accredited degrees and a statement supporting the request(s).(e) At the time the application is filed, an applicant may request in writing that any transcripts, reference statements, evaluations, experience records or other similar documentation previously submitted to the board be included in a current application; however, such documentation may not meet the requirements of the board at the time of the subsequent application and new or updated information may be required.(f) The NCEES record may be accepted as verification of an original transcript, licenses held, examinations taken, experience record and reference documentation to meet the conditions of subsection (d)(3) - (7) of this section.(g) Once an application is accepted for review, the fee shall not be returned, and the application and all submissions shall become a permanent part of the board records.(h) An applicant who is a citizen of another country shall show sufficient documentation to the board to verify the immigration status for the determination of their eligibility for a professional license in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.(i) Once an application under this section is accepted for review, the board will follow the procedures in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility pursuant to §1001.302 of the Act, as needed. Pursuant to §1001.453 of the Act, the board may review the license holder's status and take action if the license was obtained by fraud or error or the license holder may pose a threat to the public's health, safety, or welfare.", "sourceNote": "Source Note: The provisions of this §133.21 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective February 24, 2005, 30 TexReg 846; amended to be effective December 21, 2008, 33 TexReg 10166; amended to be effective September 9, 2012, 37 TexReg 6913; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective December 14, 2015, 40 TexReg 8889; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective September 30, 2020, 45 TexReg 6768; amended to be effective March 23, 2023, 48 TexReg 1559." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213096", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS" }, "rule": { "number": "§133.23", "label": "Applications from Former Standard License Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213097", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A former standard license holder, whose original license has been expired for two or more years and who meets the current requirements for licensure, may apply for a new license. This section does not apply to a former holder of a temporary license.(b) A former standard license holder applying for a license under the current law and rules must have the documentation requested in §133.21 of this chapter (relating to Application) recorded and on file with the board and may request in writing that any transcripts, reference statements, evaluations, supplementary experience records or other similar documentation previously submitted to the board be applied toward the new application. The applicant shall:(1) submit a new application in a format prescribed by the board;(2) pay the application fee established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;(3) submit a completed Texas Engineering Professional Conduct and Ethics examination;(4) submit a supplementary experience record that includes at least the last four years of engineering experience, which may include experience before the previous license expired;(5) submit also at least one reference statement conforming to §133.51 of this chapter (relating to Reference Providers), in which a professional engineer shall verify at least four years of the updated supplementary experience record; and(6) documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act, unless previously submitted to the board.(c) Once an application from a former standard license holder is received, the board will follow the procedures in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application.(d) Any license issued to a former standard license holder shall be assigned a new serial number.(e) Once an application under this section is accepted for review, the board will follow the procedures in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility pursuant to §1001.302 of the Act, as needed. Pursuant to §1001.453 of the Act, the board may review the license holder's status and take action if the license was obtained by fraud or error or the license holder may pose a threat to the public's health, safety, or welfare.(f) Any enforcement action taken against an expired license holder in accordance with §139.31 (relating to Enforcement Actions for Violations of the Act or Board Rules) and any enforcement action that was pending when a license expired, and has remained expired for two or more years, may be considered in the evaluation of an application for a new license.", "sourceNote": "Source Note: The provisions of this §133.23 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 21, 2008, 33 TexReg 10166; amended to be effective July 16, 2009, 34 TexReg 4638; amended to be effective September 9, 2012, 37 TexReg 6913; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective December 14, 2015, 40 TexReg 8889; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective September 30, 2020, 45 TexReg 6768; amended to be effective July 3, 2022, 47 TexReg 3684; amended to be effective March23, 2023, 48 TexReg 1559." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213097", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS" }, "rule": { "number": "§133.25", "label": "Applications from Engineering Educators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224395", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons whose current, primary employment is as an engineering educator instructing engineering courses in a recognized institution of higher education in Texas, as defined in §131.2 of this title (relating to Definitions) are permitted to seek licensure utilizing an alternate application.(b) The minimum educational qualifications are as follows:(1) Earned doctoral degree in engineering from a college or university that offers an undergraduate or master's degree program in a related branch of engineering that is approved by the EAC/ABET as published in the current version of the ABET Accreditation Yearbook and or the current version of the ABET International Yearbook or as published in the yearbook applicable to a previous year in which the applicant graduated; or(2) Earned doctoral degree in engineering or another related field of science or mathematics assessed and approved by the board.(c) An engineering educator, applying under the alternate process, shall submit:(1) an application in a format prescribed by the board;(2) a supplementary experience record:(A) For tenured faculty (or those approved for promotion), submit a dossier including a comprehensive resume or curriculum vitae containing educational experience, engineering courses taught, and description of research and scholarly activities in lieu of the supplementary experience record;(B) For non-tenured faculty, a standard supplementary experience record with courses taught and/or other engineering experience shall be submitted;(3) reference statements or letters from currently licensed professional engineers who have personal knowledge of the applicant's teaching and/or other creditable engineering experience. A reference provider may, in lieu of the reference statement, submit a letter of recommendation that, at a minimum, testifies to the credentials and abilities of the educator. The reference statements or letters of recommendation can be from colleagues within the department, college, or university; from colleagues from another university; or professional engineers from outside academia;(4) proof of educational credentials pursuant to §133.33 or §133.35 of this chapter (relating to Proof of Educational Qualifications);(5) a completed Texas Professional Conduct and Ethics Examination;(6) current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;(7) Information regarding any criminal history including any judgments, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a form prescribed by the board, together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges;(8) documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act;(9) documentation of passing scores on examination(s), which may include official verifications from the National Council of Examiners for Engineering and Surveying (NCEES) or other jurisdictions as required under §133.61(g) of this chapter (relating to Engineering Examinations), if applicable; and(10) written requests for waivers of the examinations on the fundamentals and/or principles and practices of engineering, if applicable.(d) Once an alternative application from an engineering educator is received, the board will follow the procedures in §133.85 of this chapter (relating to Additional Review of and Action on Applications) to review and approve or deny the application.(e) This section does not prohibit any engineering educator from applying for licensure under the standard application process.(f) Once an application under this section is accepted for review, the board will follow the procedures in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility pursuant to §1001.302 of the Act, as needed. Pursuant to §1001.453 of the Act, the board may review the license holder's status and take action if the license was obtained by fraud or error or the license holder may pose a threat to the public's health, safety, or welfare.", "sourceNote": "Source Note: The provisions of this §133.25 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective January 1, 2006, 30 TexReg 8684; amended to be effective June 20, 2006, 31 TexReg 4861; amended to be effective December 21, 2008, 33 TexReg 10167; amended to be effective December 19, 2010, 35 TexReg 11258; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective December 14, 2015, 40 TexReg 8889; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective September 30, 2020, 45 TexReg 6768; amended to be effective March 23,2023, 48 TexReg 1559." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224395", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS" }, "rule": { "number": "§133.26", "label": "Applications for Texas Licensure by License Holders in Another Jurisdiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225241", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions(1) An applicant who holds an engineering license from a qualifying US state, territory, or country may apply using the licensure process set forth in this section.(2) Pursuant to §1001.311 of the Act, a standard license may be issued under this section for applicants who meet the requirements of the following subsections.(3) In this section, the term \"home jurisdiction\" means the US state, US territory, or country in which an engineer making application holds a current professional registration or license to practice engineering.(b) International Agreement Applications(1) This section only applies to an applicant that:(A) holds a current engineering licensure credential in a country that is a signatory to a mobility agreement with the Board, as follows: Chartered Engineer through the Engineering Council UK;(B) Is on the international registry of their home jurisdiction; and(C) Has a current International NCEES Record(2) An applicant that meets the conditions of subparagraph (1) shall submit:(A) An application in a format prescribed by the board;(B) A current copy of the applicant's international NCEES Record. The International NCEES record shall be accepted as verification of documentation of education, licenses held, examinations or assessments taken, experience record, and reference documentation;(C) A completed Texas Engineering Professional Conduct and Ethics Examination as required under §133.63 of this chapter (relating to Professional Conduct and Ethics Examination);(D) A current application fee as established by the board;(E) Proof of English language proficiency (per §133.21(c) of this chapter (relating to Application for Standard License)), if applicable;(F) Information regarding any judgments of convictions, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a form prescribed by the board together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges; and(G) Documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act.(c) NCEES Model Law Engineer (MLE) Applications(1) This section only applies to an applicant that is:(A) Currently licensed in another US jurisdiction;(B) Has a current NCEES record; and(C) Holds a current NCEES Model Law Engineer (MLE) designation.(2) An applicant that meets the conditions of subparagraph (1) shall submit:(A) An application in a format prescribed by the board;(B) A current copy of the applicant's NCEES Record. The NCEES record shall be accepted as verification of an original transcript, licenses held, examinations taken, experience record, and reference documentation;(C) A completed Texas Engineering Professional Conduct and Ethics Examination as required under §133.63 of this chapter;(D) A current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;(E) Proof of English language proficiency (per §133.21(c) of this chapter), if applicable;(F) Information regarding any judgments of convictions, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a form prescribed by the board together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges; and(G) Documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act.(d) NCEES Record Holders (Non-MLE) Applications(1) This section only applies to an applicant that:(A) Is currently licensed in another US jurisdiction;(B) Has a current NCEES Record;(C) Has a minimum of seven years of creditable engineering experience, three of which must be practicing as a registered or licensed engineer in a US jurisdiction; and(D) Does not have an NCEES MLE designation.(2) An applicant that meets the conditions of subparagraph (1) shall submit:(A) An application in a format prescribed by the board;(B) A current copy of the applicant's NCEES Record. The NCEES record shall be accepted as verification of an original transcript, licenses held, examinations taken, experience record, and reference documentation;(C) A completed Texas Engineering Professional Conduct and Ethics Examination as required under §133.63 of this chapter (relating to Professional Conduct and Ethics Examination);(D) A current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;(E) Proof of English language proficiency (per §133.21(c) of this chapter), if applicable;(F) Information regarding any judgments of convictions, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a form prescribed by the board together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges; and(G) Documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act.(e) Applicants who have gained professional registration or licensure in the home jurisdiction through another mutual recognition pathway, containing exemptions from the usual assessment process, are not eligible for the pathways set out in this section.(f) Once an application under this section is accepted for review, the board will follow the procedures in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility pursuant to §1001.302 of the Act, as needed. Pursuant to §1001.453 of the Act, the board may review the license holder's status and take action if the license was obtained by fraud or error or the license holder may pose a threat to the public's health, safety, or welfare.", "sourceNote": "Source Note: The provisions of this §133.26 adopted to be\r\neffective March 10, 2025, 50 TexReg 1823." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225241", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS" }, "rule": { "number": "§133.27", "label": "Application for Temporary License for Engineers Currently Licensed Outside the United States" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227259", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §1001.311 of the Act, a temporary license may be issued under this section for applicants who:(1) are citizens of the Commonwealth of Australia, Canada, the Republic of Korea or the United Mexican States;(2) are seeking to perform engineering work in Texas for three years or less;(3) are currently licensed or registered in good standing with Engineers Australia, at least one of the jurisdictions of Canada, the Korean Professional Engineers Association or the United Mexican States; and(4) meet the following experience requirements:(A) Applicant currently registered in Australia, Canada or the Republic of Korea shall have at least seven years of creditable engineering experience, three of which must be practicing as a registered or chartered engineer with Engineers Australia, the Korean Professional Engineers Association or Engineers Canada and one of which must be working with or show familiarity with U.S. codes, as evaluated by the board under §133.43 of this chapter (relating to Experience Evaluation).(B) Applicant currently licensed in United Mexican States shall:(i) meet the educational requirements of §1001.302(a)(1)(A) of the Act and have 12 or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter; or(ii) meet the educational requirements of §1001.302(a)(1)(B) of the Act and have 16 or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter.(b) The applicant applying for a temporary license from Australia, Canada, the Republic of Korea or the United Mexican States shall submit:(1) an application in a format prescribed by the board;(2) proof of educational credentials pursuant to §133.33 or §133.35 of this chapter (relating to Proof of Educational Qualifications);(3) a supplementary experience record as required under §133.41(1) - (4) of this chapter (relating to Supplementary Experience Record) or a verified curriculum vitae and continuing professional development record;(4) at least three reference statements as required under §133.51 and §133.53 of this chapter (relating to Reference Providers and Reference Statements);(5) passing score of TOEFL as described in §133.21(c) of this chapter (relating to Application for Standard License);(6) information regarding judgments of convictions, deferred judgments or pre-trial diversions, for a misdemeanor or felony provided in a form prescribed by the board, together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges;(7) documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act;(8) a statement describing any engineering practice violations, if any, together with documentation from the jurisdictional authority describing the resolution of those charges;(9) submit a completed Texas Engineering Professional Conduct and Ethics examination;(10) pay the application fee established by the board; and(11) a verification of a license in good standing from one of the jurisdictions listed in subsection (a)(3) of this section.(c) Once an application under this section is accepted for review, the board will follow the procedures in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility pursuant to §1001.302 of the Act, as needed. Pursuant to §1001.453 of the Act, the board may review the license holder's status and take action if the license was obtained by fraud or error or the license holder may pose a threat to the public's health, safety, or welfare.(d) A temporary license issued under this section may only be renewed twice for a total maximum duration of three years.", "sourceNote": "Source Note: The provisions of this §133.27 adopted to be\r\neffective May 20, 2004, 29 TexReg 4873; amended to be effective November\r\n8, 2004, 29 TexReg 10263; amended to be effective June 20, 2006, 31\r\nTexReg 4861; amended to be effective December 21, 2008, 33 TexReg\r\n10167; amended to be effective June 13, 2010, 35 TexReg 4714; amended\r\nto be effective March 10, 2011, 36 TexReg 1511; amended to be effective\r\nSeptember 13, 2011, 36 TexReg 5842; amended to be effective September\r\n9, 2012, 37 TexReg 6913; amended to be effective December 17, 2013,\r\n38 TexReg 9042; amended to be effective September 11, 2016, 41 TexReg\r\n6694; amended to be effective March 15, 2018, 43 TexReg 1439; amended\r\nto be effective September 30, 2020, 45 TexReg 6768; amended to be\r\neffective March 23, 2023, 48 TexReg 1559; amended to be effective\r\nJune 4, 2025, 50 TexReg 3246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227259", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL ENGINEER LICENSE APPLICATION REQUIREMENTS" }, "rule": { "number": "§133.29", "label": "Application for Licensure for Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223306", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A military service member, military veteran, or military spouse, as defined in Texas Occupations Code §55.001, may apply for Standard Licensure in accordance with §133.21 of this Chapter, relating to Application for Standard License or, if applicable, by submitting an application in accordance with §133.26 of this Chapter, relating to Applications for Texas Licensure by License Holders in Another Jurisdiction. (b) As applicable, a military service member, military veteran, or military spouse who holds a current professional engineer license issued by another state that is similar in scope of practice to a Texas professional engineer license and who is in good standing with that state's licensing authority or who held a Texas professional engineer license within the five years preceding the application date under this subsection, may apply for alternative licensing in accordance with the provisions of Texas Occupations Code §55.004, relating to Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses. (c) As applicable, a military service member or military spouse who holds a current professional engineer license issued by another state that is similar in scope of practice to a Texas professional engineer license and who is in good standing with that state's licensing authority may submit an application to this board to request recognition of the out-of-state professional engineer license in accordance with the provisions of Texas Occupations Code §55.0041, related to Recognition of Out of State License of Military Service Members and Military Spouses, if: (1) the military service member has been ordered to relocate to Texas, or(2) the military spouse is married to a military service member who has been ordered to relocate to Texas.(d) For the purposes of this subchapter, the Board considers professional engineer licenses issued by any U.S. state to be similar in scope of practice to the professional engineer license issued by this Board.", "sourceNote": "Source Note: The provisions of this §133.29 adopted to be\r\neffective March 15, 2020, 45 TexReg 1718; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 133." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223306", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "D", "label": "EDUCATION" }, "rule": { "number": "§133.31", "label": "Educational Requirements for Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a license shall have graduated from at least one of the following degree programs or degree program combinations listed in this section:(1) Approved engineering curriculums under §1001.302(a)(1)(A) of the Act. The following degrees are acceptable to the board for meeting the educational requirements of §1001.302(a)(1)(A) of the Act:(A) a degree from an engineering program accredited or otherwise approved by:(i) EAC/ABET;(ii) Consejo de Acreditacion de la Ensenanza de la Ingenieria, Mexico (Council of Accreditation for Engineering Education, C.A.); or(iii) The Washington Accord.(B) A graduate degree in engineering, provided that:(i) the graduate degree is obtained from a college having an engineering program approved by one of the organizations listed in subparagraph (A) of this paragraph where either the graduate or undergraduate degree in the same discipline is accredited; and(ii) the combination of the degrees is acceptable to the board as equivalent in EAC/ABET approved curricula content, and the combination of degrees contain sufficient design curricula to provide minimal competency in the use of engineering algorithms and procedures.(C) a completed degree that has not been accredited or approved by either of the organizations identified in subparagraph (A) of this paragraph but has been evaluated in accordance with §133.33 of this chapter, (relating to Proof of Educational Qualifications-Non-Accredited/Non-Approved Programs), and determined to meet the ABET general and program criteria requirements for an EAC/ABET-accredited or -approved program.(2) Other programs under §1001.302(a)(1)(B) of the Act. The following degrees are acceptable to the board for meeting the educational requirements of §1001.302(a)(1)(B) of the Act:(A) a bachelor degree from an engineering technology program that is accredited by the ETAC/ABET;(B) A bachelors or graduate degree in engineering, engineering technology, mathematical, physical, or related science that has not been accredited or approved by any of the organizations identified in paragraphs (1)(A) or (2)(A) of this subsection but has been obtained from a recognized institution of higher education as defined in Chapter 131 of this title. Such degree programs must include, as a minimum, the courses listed in clauses (i) and (ii) of this subparagraph or these courses must be taken in addition to the bachelor or graduate degree program:(i) eight semester hours (12 quarter hours) of mathematics beyond trigonometry, including differential and integral calculus; and(ii) 20 semester hours (30 quarter hours) of related engineering sciences including subjects such as mechanics, thermodynamics, electrical and electronic circuits, and others selected from material sciences, transport phenomena, computer science and comparable subjects depending on the discipline or branch of engineering. Course work should incorporate hands-on laboratory work as described in the EAC/ABET criteria, and shall contain a sufficient design program to provide minimal competency in the use of engineering algorithms and procedures.(3) Degree programs submitted to the board by the conferring institutions and determined by the board as meeting or exceeding the criteria of either of the accrediting organizations referred to in this section.(A) The following programs have been reviewed by the board and determined to be eligible for licensure under §1001.302(a)(1)(A) of the Act:(i) The engineering programs at the University of Texas at Tyler for those who graduated in 1999.(ii) Biosystems engineering program at the University of Texas A&M at College Station for those who graduated between 1999 and 2003.(B) The following programs have been reviewed by the board and determined to be eligible for licensure under §1001.302(a)(1)(B) of the Act and eligible for taking the examination on the fundamentals of engineering, effective the date listed:(i) Tarleton State University, Accepted Programs: Hydrology (1992) and Engineering Physics (2001);(ii) West Texas State A&M, Accepted Program: Mechanical Engineering (2003).(b) Degree programs that have not been accredited or approved by any of the organizations identified in subsection (a)(1)(A) or (2)(A) of this section are not acceptable for fulfilling the educational requirements of the Act if they do not meet the definition of a recognized institution of higher learning as defined in Chapter 131 of this title and:(1) give credit for life experience; or(2) consist primarily of engineering, mathematical, physical, or engineering sciences courses that are correspondence courses that are self-taught outside a formal classroom setting.(c) An applicant holding a verified Canadian P.Eng. or ing. License shall be considered to have academic qualifications substantially equivalent to an accredited engineering program.", "sourceNote": "Source Note: The provisions of this §133.31 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective June 26, 2005, 30 TexReg 3584; amended to be effective January 1, 2006, 30 TexReg 8685; amended to be effective December 21, 2008, 33 TexReg 10167; amended to be effective September 9, 2012, 37 TexReg 6913; amended to be effective January 7, 2025, 50 TexReg 152." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158557", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "D", "label": "EDUCATION" }, "rule": { "number": "§133.33", "label": "Proof of Educational Qualifications--Non-Accredited/Non-Approved Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for licensure who has graduated from a program other than one in which the undergraduate or graduate degree in the same discipline has been accredited or approved by any of the organizations identified in §133.31(a)(1)(A) or (a)(2)(A) of this chapter (relating to Educational Requirements for Applicants) shall furnish both an official transcript and an evaluation for each degree to be relied upon to meet the educational requirements of licensure as a professional engineer or certification as an engineer-in-training. Official transcripts shall include either grades or mark sheets and proof that the degree was conferred. In addition to providing a transcript reflecting the degree(s) earned by an applicant, the applicant shall also provide an official transcript from each school from which more than 15 semester hours were earned towards the degree.(1) The applicant shall ensure that the required transcript(s) are forwarded from the officially recognized and approved institutional authority of records (e.g., registrar or other authority) of the institution from which the applicant graduated directly to a commercial degree evaluation service approved by the board. The applicant is responsible for ordering and paying for all such transcripts and evaluations. Additional academic information, including but not limited to grades and transfer credit, shall be submitted to the board at the request of the executive director.(2) The degree evaluation must:(A) validate the authenticity of the transcript, diploma, and any other supporting documentation;(B) include a detailed, course-by-course evaluation of courses, including semester hours and grades;(C) a comparison of the applicant's degree program to criteria of ABET applicable to the applicant's year of graduation; and a determination whether the curriculum of the degree program being evaluated meets the applicable criteria;(D) establish that the applicant has received a conferred degree which is equivalent to a degree from a United States educational institution; and(E) be sent by the commercial evaluation service directly to the board, accompanied by the applicant's official transcript or a copy of the transcript verified by the commercial evaluation service.(b) Upon written request by an applicant provided at the time of application, a commercial degree evaluation of a program other than one accredited or approved by the EAC/ABET or the ETAC/ABET may be waived by the executive director if:(1) sufficient resources are available for the board to evaluate it; or(2) the degree program contains curricula that are deemed by the executive director to not be an integral part of the applicant's engineering education.(c) Upon receipt or waiver of a commercial degree evaluation, the executive director shall evaluate, under the standards of §133.31(a)(1)(C) or (a)(2)(B) of this chapter (relating to Educational Requirements for Applicants), the curricula of a degree program that has not been accredited or approved by any of the organizations identified in §133.31(a)(1)(A) or (a)(2)(A) of this chapter.(d) If a transcript cannot be transmitted directly to the evaluation service from the issuing institution, the executive director may, at his or her discretion, approve an alternative method of evaluating the applicant's educational qualifications, upon written request from the applicant explaining why the transcript cannot be directly transmitted from the issuing institution. An alternative method approved by the executive director may include validation of transcript(s) in the applicant's possession through a commercial evaluation service approved by the board. In the event the executive director approves an alternative method such as validation of a transcript in the applicant's possession by an evaluation service, the evaluation service shall forward to the board the evaluation and all documentation provided by the applicant.(e) The board will not accept a commercial evaluation of a degree in lieu of an official transcript or a validated transcript that was in the applicant's possession. An official transcript or validated transcript must be submitted to complete the application.(f) An applicant seeking an educational credential evaluation under this section but wishing to qualify for licensure only under §133.31(a)(2)(B) of this section is exempt from the evaluation requirement in subsection (a)(2)(C) of this section.", "sourceNote": "Source Note: The provisions of this §133.33 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective January 1, 2006, 30 TexReg 8685; amended to be effective July 16, 2009, 34 TexReg 4638; amended to be effective September 9, 2012, 37 TexReg 6913." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181485", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "D", "label": "EDUCATION" }, "rule": { "number": "§133.35", "label": "Proof of Educational Qualifications--Accredited/Approved Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111215", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for licensure who has graduated from a degree program in which the undergraduate or graduate degree in the same discipline has been accredited or approved by any of the organizations identified in §133.31(a)(1)(A) or (a)(2)(A) of this chapter (relating to Educational Requirements for Applicants) shall provide to the board an official transcript for each degree to be relied upon to meet the educational requirements for certification or licensure.(b) Transcript(s) shall include either grades or mark sheets and proof that the degree was conferred.(c) To ensure security of transcripts, each transcript must be received directly from:(1) the registrar of the institution from which the applicant graduated; or(2) the National Council of Examiners for Engineering and Surveying (NCEES) or board approved commercial evaluation service provided the transcripts were forwarded directly from the registrar of the institution from which the applicant graduated.(d) Copies of transcripts of all other engineering or mathematical, physical, or engineering science degrees shall be submitted to the board; these transcripts can be copies of the original transcript and can be forwarded to the board by the applicant.(e) The applicant is responsible for ordering and paying for all transcripts.(f) Additional academic information, including but not limited to grades and transfer credit, shall be submitted to the board at the request of the executive director.", "sourceNote": "Source Note: The provisions of this §133.35 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 11, 2016, 41 TexReg 9705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111215", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "D", "label": "EDUCATION" }, "rule": { "number": "§133.37", "label": "English Translation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179826", "queryAsDate": "03/11/2026" }, "ruleBody": "All documents supporting the application written in language other than English shall be accompanied by a certified English translation.", "sourceNote": "Source Note: The provisions of this §133.37 adopted to be effective May 20, 2004, 29 TexReg 4873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179826", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "E", "label": "EXPERIENCE" }, "rule": { "number": "§133.41", "label": "Supplementary Experience Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223310", "queryAsDate": "03/11/2026" }, "ruleBody": "Applicants shall submit a supplementary experience record to the board as a part of the application. The supplementary experience record is a written summary documenting all of the applicant's engineering experience used to meet the requirements for licensure. The NCEES record experience information may be accepted as all or part of a supplementary experience record.(1) The supplementary experience record shall be written by the applicant and shall:(A) provide an overall description of the nature and scope of the work with emphasis on detailed descriptions of the engineering work;(B) clearly describe the engineering work that the applicant personally performed;(C) delineate the role of the applicant in any group engineering activity; and(D) include any relevant training or participation in engineering organizations or societies that contribute to the applicant's competence and readiness for licensure (consistent with the requirements listed in §137.17 of this title (relating to Continuing Education Program)).(2) The supplementary experience record shall be divided into employment engagements that correspond to those listed in the application and shall be written in sufficient detail to allow a board reviewer to document the minimum amount of experience required and to allow a reference provider to recognize and verify the quality and quantity of the experience claimed.(3) Experience that is unsupported by references may not be considered. All experience claimed to meet the minimum requirements for licensure shall be verified by one or more currently licensed professional engineer(s) pursuant to §133.51 of this chapter (relating to Reference Providers).(4) Experience from part-time employment must be accounted for proportionally to a standard 40-hour work week, if it was part-time employment.(5) The supplementary experience record must cover at least the minimum amount of time needed by the applicant for issuance of a license.(A) Applicants applying under §1001.302(a)(1)(A) of the Act shall provide supplementary experience records for at least four years of engineering experience.(B) Applicants applying under §1001.302(a)(1)(B) of the Act shall provide supplementary experience records for at least eight years of engineering experience.(C) Applicants seeking a waiver from the examination on the fundamentals of engineering and/or the examination on the principles and practices of engineering requirements shall provide a supplementary experience record for at least the minimum number of years of experience required for a waiver of examinations under §133.69 of this chapter (relating to Waiver of Examinations).", "sourceNote": "Source Note: The provisions of this §133.41 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective January 1, 2006, 30 TexReg 8685; amended to be effective December 21, 2008, 33 TexReg 10168; amended to be effective September 11, 2016, 41 TexReg 6694." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223310", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "E", "label": "EXPERIENCE" }, "rule": { "number": "§133.43", "label": "Experience Evaluation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139129", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall evaluate the nature and quality of the experience found in the supplementary experience record or the NCEES record experience information and shall determine if the work is satisfactory to the board for the purpose of issuing a license to the applicant. The board shall evaluate the supplementary experience record for evidence of the applicant's competency to be placed in responsible charge of engineering work of a similar character.(1) Engineering work shall be satisfactory to the board and, therefore, considered by the board to be creditable engineering experience for the purpose of licensure if it is of such a nature that its adequate performance requires engineering education, training, or experience. The application of engineering education, training and experience must be demonstrated through the application of the mathematical, physical, and engineering sciences. Such work must be fully described in the supplementary experience record. Satisfactory engineering experience shall include an acceptable combination of design, analysis, implementation, and/or communication experience, including the following types of engineering activities:(A) design, conceptual design, or conceptual design coordination for engineering works, products or systems;(B) development or optimization of plans and specifications for engineering works, products, or systems;(C) analysis, consultation, investigation, evaluation, planning or other related services for engineering works, products, or systems;(D) planning the use or alteration of land, water, or other resources;(E) engineering for program management and for development of operating and maintenance manuals;(F) engineering for construction, or review of construction;(G) performance of engineering surveys, studies, or mapping;(H) engineering for materials testing and evaluation;(I) expert engineering testimony;(J) any other work of a mechanical, electrical, electronic, chemical, hydraulic, pneumatic, geotechnical, or thermal nature that requires engineering education, training or experience for its adequate performance; and(K) the teaching of engineering subjects by a person who began teaching prior to September 1, 2001.(2) In the review of engineering experience, the board may consider additional elements including:(A) whether the experience was sufficiently complex and diverse, and of an increasing standard of quality and responsibility;(B) whether the quality of the engineering work shows minimum technical competency;(C) whether the experience was gained in accordance with the provisions of the Act;(D) whether the experience was gained in one dominant branch;(E) whether non-traditional engineering experience such as sales or military service provides sufficient depth of practice;(F) whether short engagements have had an impact upon professional growth;(G) whether the applicant intends to practice or offer engineering services in Texas; and(H) whether the experience was supplemented by training courses or participation in engineering organizations or societies that contribute to the applicant's competence and readiness for licensure (consistent with the requirements listed in §137.17 of this title (relating to Continuing Education Program)).(3) Engineering experience may be considered satisfactory for the purpose of licensing provided that:(A) the experience is gained during an engagement longer than three months in duration;(B) the experience, when taken as a whole, meets the minimum time;(C) the experience is not anticipated and has actually been gained at the time of application;(D) the experience includes at least two years of experience in the United States, not including time claimed for educational credit, or otherwise includes experience that would show a familiarity with US codes and engineering practice; and(E) the time granted for the experience claimed does not exceed the calendar time available for the periods of employment claimed and the calendar time has not been claimed for surveying experience in a surveying application.(b) Experience credit may be granted for experience gained prior to an applicant's receiving a conferred degree per §133.31 of this chapter (relating to Educational Requirements for Applicants). Effective January 1, 2009, experience gained in this manner is limited to a total of two years, and must:(1) be substantiated in the supplementary experience record and a reference statement provided for the experience;(2) be accounted for proportionally to a standard 40-hour work week, if it was part-time employment; and(3) reflect that, at the time the experience was gained, the applicant had passed junior and/or senior level engineering or related engineering science courses and applied relevant engineering knowledge in the claimed experience.(c) One year of experience credit may be granted for each post-baccalaureate engineering degree earned by an applicant, provided:(1) the applicant has a baccalaureate or other post-baccalaureate degree in engineering meeting the requirements of §133.31 (a)(1) of this chapter (concerning Educational Requirements for Applicants); and(2) the post-baccalaureate degree is from an engineering program where either the graduate or undergraduate degree in the same discipline is accredited or approved by one of the organizations listed in §133.31(a)(1) of this chapter. Experience credit for all post-baccalaureate degrees is limited to a total of two years.(d) Engineering Educators applying for a waiver of examinations under §133.69 of this chapter (relating to Waiver of Examinations) will not receive additional experience credit pursuant to subsection (c) of this section.(e) Experience that has received educational credit or has been gained as part of an education will not be credited as experience.(f) For Engineering Educator applicants applying under §133.25 of this chapter (relating to Applications from Engineering Educators), other acceptable creditable engineering experience may include, but is not limited to, scholarly activity such as publishing papers in technical and professional journals; making technical and professional presentations; publishing books and monographs; performing sponsored research; reporting on research conducted for sponsors; supervising research of undergraduate and graduate students, postdoctoral fellows, or other employees; providing counseling, guidance, and advisement for engineering students; and performing certain other types of formal or informal functions in higher education.", "sourceNote": "Source Note: The provisions of this §133.43 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective June 20, 2006, 31 TexReg 4861; amended to be effective April 6, 2008, 33 TexReg 2694; amended to be effective December 11, 2008, 33 TexReg 10024; amended to be effective July 16, 2009, 34 TexReg 4638; amended to be effective September 11, 2016, 41 TexReg 6694; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective January 7, 2025, 50 TexReg 152." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139129", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "F", "label": "REFERENCE DOCUMENTATION" }, "rule": { "number": "§133.51", "label": "Reference Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for licensure shall provide reference statements to verify character suitability for licensure and all engineering experience claimed to meet the minimum years of experience required. Reference statements will be used to verify the applicant's character and the factual presentation of the applicant's experience and to determine to the extent the experience is creditable engineering experience. The NCEES record reference documentation may be accepted as reference statements as specified in this section.(1) Standard Licensure Procedure. Applicants applying under §1001.302(a)(1)(A) or (B) of the Act, including those applicants licensed in another jurisdiction or previously licensed in Texas, shall provide reference statements from at least three reference providers. These reference providers shall be currently licensed professional engineers who have personal knowledge of the applicant's character, reputation, suitability for licensure, and engineering experience and shall review all applicable portions of the applicant's supplementary experience record and complete the reference statement in full.(2) Waiver of Examinations Procedure. Applicants requesting a waiver from the examinations on the fundamentals of engineering or principles and practice of engineering shall provide reference statements from at least five reference providers. These reference providers shall be currently licensed professional engineers who have personal knowledge of the applicant's character, reputation, suitability for licensure, and engineering experience and shall review all applicable portions of the applicant's supplementary experience record and complete the reference statement in full.(b) Professional engineers who have not worked with or directly supervised an applicant may review and judge the applicant's experience and may serve as a licensed engineer reference provider; such review shall be noted on the reference statement.(c) All reference providers shall be individuals with personal knowledge of the applicant's character, reputation, and general suitability for holding a license. If possible, reference providers should be individuals who directly supervised the applicants.(d) Professional engineers who provide reference statements and who are licensed in a jurisdiction other than Texas shall include a copy of their pocket card or other verification to indicate that their license is current and valid.(e) Professional engineers who provide reference statements shall not be compensated.(f) Reference statements on file with the board from previous applications may be used upon written request of the applicant and with the approval of the executive director. Additional references may be required.(g) The board members and staff may, at their discretion, rely on any, all, or none of the reference statements provided in connection with an application for licensure.", "sourceNote": "Source Note: The provisions of this §133.51 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective November 8, 2004, 29 TexReg 10264; amended to be effective June 4, 2007, 32 TexReg 2996; amended to be effective December 21, 2008, 33 TexReg 10168." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223307", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "F", "label": "REFERENCE DOCUMENTATION" }, "rule": { "number": "§133.53", "label": "Reference Statements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111220", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant shall make available to each reference provider, the board's reference statement form and a complete copy of the applicable portion(s) of the supplementary experience record.(b) Persons providing reference statements verifying an applicant's engineering experience shall:(1) complete and sign the reference statement in a format prescribed by the board; and(2) review, evaluate, and sign all applicable portions of the supplementary experience record(s). The reference provider's signature indicates that he has read the supplementary experience record(s), that the record(s) are correct to the best of his knowledge, and that the experience is relevant to licensure. If the reference provider disagrees with or has comments or clarification to the information provided by the applicant, the reference provider should submit written comments or concerns to the board.(3) for the purposes of this section, a reference statement and associated portions of the applicant's supplementary experience record submitted directly to the board through a secure method prescribed by the board will be considered \"signed\" as required in this subsection.(c) The reference provider shall submit to the board both the reference statement and the supplementary experience record.(d) For any reference statement to meet the requirements of the board, the reference statement must be securely submitted in a manner acceptable to the board . Any tampering of the reference statements by the applicant could result in denial of the application.(e) Secured reference envelopes shall be submitted to the board by applicant or reference provider.(f) Reference documents submitted directly to the board by the reference provider in a method prescribed by the board will meet the requirements of subsection (d) of this section.(g) Evidence of retaliation by an applicant against a person who provides reference material for an application may be considered in the application process as described in §133.81 of this chapter (relating to Receipt of Applications).(h) The NCEES record reference documentation may be accepted as reference statements as specified in this section.", "sourceNote": "Source Note: The provisions of this §133.53 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective June 26, 2005, 30 TexReg 3585; amended to be effective December 2, 2007, 32 TexReg 8504; amended to be effective December 21, 2008, 33 TexReg 10168; amended to be effective June 13, 2010, 35 TexReg 4714; amended to be effective March 23, 2023, 48 TexReg 1559; amended to be effective January 7, 2025, 50 TexReg 152." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111220", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "F", "label": "REFERENCE DOCUMENTATION" }, "rule": { "number": "§133.55", "label": "Reference Communication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176800", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Additional references may be required of the applicant when the executive director finds it necessary to adequately verify the applicant's experience or character. The board and/or staff may at their discretion communicate with any reference or seek additional information.(b) The board may post the names of applicants on the board website and receive information regarding an applicant from the regulated community and general public. The board members and staff may, at their discretion, rely on any, all, or none of the public comments received in connection with an application for licensure.", "sourceNote": "Source Note: The provisions of this §133.55 adopted to be effective May 20, 2004, 29 TexReg 4873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176800&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176800", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§133.61", "label": "Engineering Examinations Required for a License to Practice as a Professional Engineer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142453", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants are required to take two written experience and knowledge examinations, furnished and graded by the NCEES or by the board, or request a waiver of such examinations pursuant to §133.69 of this chapter (relating to Waiver of Examinations), and the Texas Engineering Professional Conduct and Ethics examination, furnished and graded by the board.(b) All examinations shall be in the English language.(c) Experience and knowledge examinations may be a Fundamentals of Engineering examination and a Principles and Practice of Engineering examination prepared by the NCEES or equivalent as determined by the board.(d) The board shall publish examination information which shall include at least the following:(1) the places where the examinations shall be held;(2) the dates of the examinations;(3) the deadline date for an examinee to schedule an examination, if applicable;(4) fees for each examination; and(5) types of examinations offered.(e) Examinations may be scheduled by timely submission of registration information in a format specified by the Board with the appropriate examination fee.(f) Individuals who plan to take an examination must have their registration completed by the close of regular business on the date established by the applicable examination schedule.(g) Applicants providing an official verification from NCEES or an NCEES member board certifying that they have passed the Fundamentals of Engineering and/or Principle and Practices of Engineering examination(s) in that state shall not be required to take the examination(s) again.(h) Examination registration fees may be collected by the board or a contracted exam administrator and shall be refunded or transferred to future examination administrations in accordance with established board or exam administrator policy and if approved by the executive director.(i) Examination candidates who have been called into active U.S. military duty or who are re-assigned military personnel and will not be available to sit for an examination may request an extension of the approved examination period defined in §133.67 of this chapter (relating to Examination on the Principles and Practice of Engineering). Such candidates shall submit adequate documentation, including copies of orders, and a request to extend the approved examination period to the board. The candidate shall notify the board of their availability to resume the examination period within 60 days of release from active duty or when they are deployed to a location that provides a board approved examination.(j) All examinations shall be administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.), and its subsequent amendments. Special accommodations can be provided for examinees with physical or mental impairments that substantially limit life activities.(1) Any individual with a disability who wishes to request special accommodations must submit an official request and supporting medical documentation in a format specified by the contracted exam administrator that has been generated by an appropriate licensed health care professional.(2) The request must be submitted prior to the exam registration deadline established by the contracted exam administrator.(3) The board or the contracted exam administrator may request additional documentation to substantiate a request for special accommodations.(4) The requestor will be notified of approval of the request or reason for denial of the request by the board or contracted exam administrator.(k) Pursuant to Texas Occupations Code §54.002, if an examination candidate's religious beliefs prevent the candidate from taking an examination on a religious holy day that conflicts with the normally scheduled examination date, the candidate shall submit a request to the contracted exam administrator and the board to take the examination on an alternate date.(l) Upon successful passage of the experience and knowledge examinations, or being granted a waiver of one or both examinations pursuant to §133.69 of this chapter (relating to Waiver of Examinations), an applicant shall be considered to have met the examination requirements for licensure as a professional engineer in Texas.", "sourceNote": "Source Note: The provisions of this §133.61 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective June 13, 2010, 35 TexReg 4714; amended to be effective September 13, 2011, 36 TexReg 5842; amended to be effective September 9, 2012, 37 TexReg 6913; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective May 1, 2016, 41 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142453", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§133.63", "label": "Texas Engineering Professional Conduct and Ethics Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Engineering Professional Conduct and Ethics Examination shall be self administered by the applicant and shall be prepared and furnished by the board. Each applicant must submit this examination in a format prescribed by the board with the application and must pass with a score of at least 90 percent.(b) No fees or advanced scheduling forms are required for the Texas Engineering Professional Conduct and Ethics Examination.", "sourceNote": "Source Note: The provisions of this §133.63 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 21, 2008, 33 TexReg 10169; amended to be effective September 20, 2009, 34 TexReg 6321." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227260", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§133.65", "label": "Examination on the Fundamentals of Engineering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223308", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons who have not passed the examination on the fundamentals of engineering may apply to take the examination in accordance with the applicable examination registration requirements.(b) The board shall utilize the national fundamentals of engineering examination developed and administered by NCEES to meet this requirement.(c) The examination on the fundamentals of engineering shall be offered according to the schedule determined by the NCEES.", "sourceNote": "Source Note: The provisions of this §133.65 adopted to be\r\neffective May 20, 2004, 29 TexReg 4873; amended to be effective June\r\n26, 2005, 30 TexReg 3585; amended to be effective December 21, 2008,\r\n33 TexReg 10169; amended to be effective September 9, 2012, 37 TexReg\r\n6913; amended to be effective December 17, 2013, 38 TexReg 9042; amended\r\nto be effective May 1, 2016, 41 TexReg 1838; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 134." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223308", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§133.67", "label": "Examination on the Principles and Practice of Engineering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224396", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The examination on the principles and practice of engineering is open only to licensed engineers who wish to take the examination for record purposes and to applicants who have received board approval to take it. Applicants who are granted certification as an Engineer-in-Training in accordance with §133.1 of this chapter (relating to Engineer-in-Training Designation) or submit equivalent qualifications at the time of application for licensure shall be approved to take the examination on the principles and practice of engineering.(b) An applicant approved to take the examination on the principles and practice of engineering:(1) shall be advised of the date he or she is eligible.(2) shall schedule to test in any area of competency appropriate to his or her experience or education.(3) shall be solely responsible for timely scheduling for the examination and any payment of examination fees.(c) The examination on the principles and practice of engineering shall be offered according to the schedule determined by the NCEES or by the board.", "sourceNote": "Source Note: The provisions of this §133.67 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 21, 2008, 33 TexReg 10169; amended to be effective September 13, 2011, 36 TexReg 5842; amended to be effective May 1, 2016, 41 TexReg 1838; amended to be effective December 11, 2016, 41 TexReg 9705; amended to be effective March 21, 2021, 46 TexReg 1639; amended to be effective January 7, 2025, 50 TexReg 152." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224396", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§133.69", "label": "Waiver of Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176803", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Examinations are considered an integral part of the licensing process; all applicants are expected to have passed the examinations or to offer sufficient evidence of their qualifications in the absence of passage of the examinations. The board may waive one or both of the examinations on the fundamentals of engineering or the principles and practice of engineering for applicants who:(1) do not pose a threat to the public health, safety, or welfare;(2) request a waiver in writing at the time the application is filed; and(3) meet the requirements of subsections (b) or (c) of this section.(b) Waiver of Fundamentals of Engineering Examination. Applications for a waiver of the fundamentals of engineering examination will only be accepted from persons who meet the requirements of paragraphs (1) or (2) of this subsection.(1) Standard Application:(A) meet the educational requirements of §1001.302(a)(1)(A) of the Act and have eight or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter (relating to Experience Evaluation); or(B) meet the educational requirements of §1001.302(a)(1)(B) of the Act and have twelve or more years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter. (2) Engineering Educator: meet the requirements of §133.25(a) and (b) of this chapter (relating to Applications from Engineering Educators).(c) Waiver of Principles and Practice of Engineering Examination. Applications for a waiver of the principles and practice of engineering examination will only be accepted from persons who meet the requirements of this subsection.(1) Currently Licensed in U.S. State or Territory or Former Standard Texas License Holder: An applicant who is applying for a standard license and is currently licensed and in good standing in any U.S. state or territory, or a former Texas license holder applying under §133.23 of this chapter (relating to Applications from Former Texas License Holders), shall:(A) meet the educational requirements of §1001.302(a)(1)(A) of the Act and have 12 or more years of creditable engineering experience, three of which must be practicing as a registered or licensed engineer in that U.S. State or Territory, as evaluated by the board under §133.43 of this chapter (relating to Experience Evaluation); or(B) meet the educational requirements of §1001.302(a)(1)(B) of the Act and have 16 or more years of creditable engineering experience, three of which must be practicing as a registered or licensed engineer in that U.S. State or Territory, as evaluated by the board under §133.43 of this chapter;(2) Engineering Educator:(A) meet the requirements of §133.25(a) and §133.25(b)(1) of this chapter (relating to Applications from Engineering Educators) and have:(i) taught in an EAC/ABET-accredited or -approved program for at least six years and began teaching engineering prior to September 1, 2001;(ii) at least six years of experience consisting of a combination of EAC/ABET teaching experience or other creditable engineering experience, as evaluated by the board under §133.43 of this chapter and began teaching engineering prior to September 1, 2001; or(iii) at least four years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter; or(B) meet the requirements of §133.25(a) and §133.25(b)(2) of this chapter and have:(i) taught in an EAC/ABET-accredited or -approved program for at least eight years and began teaching engineering prior to September 1, 2001;(ii) at least eight years of experience consisting of a combination of EAC/ABET teaching experience or other creditable engineering experience, as evaluated by the board under §133.43 of this chapter and began teaching engineering prior to September 1, 2001; or(iii) at least six years of creditable engineering experience, as evaluated by the board under §133.43 of this chapter. (d) An applicant is not eligible to request a waiver of the examination on the fundamentals of engineering if the applicant has taken and failed any examination on the fundamentals of engineering in any jurisdiction within the previous two years. An applicant is not eligible to request a waiver of the examination on the fundamentals of engineering if the applicant has taken and failed any examination on the fundamentals of engineering in any jurisdiction three or more times.(e) An applicant is not eligible to request a waiver of the examination on the principles and practice of engineering if the applicant has taken and failed any examination on the principles and practice of engineering in any jurisdiction within the previous four years.(f) Applicants requesting a waiver from any examination(s) shall file any additional information needed to substantiate the eligibility for the waiver with the application, as provided in §133.51 of this chapter (relating to Reference Providers), and §133.53 of this chapter (relating to Reference Statements). The board shall review all elements of the application to evaluate waiver request(s) and may grant a waiver(s) to qualified applicants.", "sourceNote": "Source Note: The provisions of this §133.69 adopted to be\r\neffective May 20, 2004, 29 TexReg 4873; amended to be effective September\r\n19, 2004, 29 TexReg 8812; amended to be effective January 1, 2006,\r\n30 TexReg 8685; amended to be effective June 20, 2006, 31 TexReg 4862;\r\namended to be effective June 4, 2007, 32 TexReg 2996; amended to be\r\neffective April 6, 2008, 33 TexReg 2695; amended to be effective December\r\n21, 2008, 33 TexReg 10170; amended to be effective December 17, 2013,\r\n38 TexReg 9042; amended to be effective September 15, 2019, 44 TexReg\r\n4867; amended to be effective March 10, 2025, 50 TexReg 1823." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176803", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§133.71", "label": "Examination for Record Purposes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201236", "queryAsDate": "03/11/2026" }, "ruleBody": "An engineer currently licensed in Texas may take the examination on the principles and practice of engineering for record purposes. Unless required to do so by the Board, an individual who has passed the examination in a specific discipline may not re-take the examination in that discipline.", "sourceNote": "Source Note: The provisions of this §133.71 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective May 1, 2016, 41 TexReg 1838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201236", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§133.73", "label": "Examination Results and Analysis" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165005", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each examinee that has completed the examination on the fundamentals of engineering or the examination on the principles and practice of engineering, the board or NCEES shall provide a numerical score, if applicable, and an indication of whether the person passed or failed the examination.(b) For those exams or exam components with numerical scores, the passing score is 70.(c) An examinee taking the principles and practice exam for structural engineering must receive acceptable results for each component to pass the exam.(d) In accordance with §1001.273 of the Act, the board or NCEES will provide a written analysis furnished by the NCEES to anyone who has failed either the examination on the fundamentals of engineering or the examination on the principles and practice of engineering.(e) Once the board has provided a written analysis of an examination, no further review or re-grading shall be available for the examination except as provided in subsection (f) of this section. However, the executive director may, at his or her discretion, review the administrative portions of an examination answer sheet to resolve administrative uncertainties and/or determine the manner in which an examination should be scored.(f) An examinee may request manual verification of grading of the examination on the principles and practice of engineering results only as permitted by the uniform examination procedures set out by NCEES or by the board:(1) only at the date(s) and time(s) specified by NCEES in its notification to the examinee of his or her failure of the examination; and(2) provided that any costs associated with manual verification by NCEES will be paid by the examinee.", "sourceNote": "Source Note: The provisions of this §133.73 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective September 8, 2005, 30 TexReg 5363; amended to be effective December 2, 2007, 32 TexReg 8505; amended to be effective September 13, 2011, 36 TexReg 5842; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective September 30, 2020, 45 TexReg 6768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165005", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§133.75", "label": "Examination Irregularities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The examinations will be administered in accordance with the NCEES or the board policies and procedures. An examinee who does not abide by the NCEES or the board policies and procedures will be subject to dismissal from the remainder of the examination. Cheating on examinations will not be tolerated. Examination proctors who observe that an examinee is giving assistance to or receiving assistance from another person, compromising the integrity of the examination, or participating in any other form of cheating or violation of exam policies or procedures during an examination may require the examinee to surrender all examination materials. The examinee involved may be required to leave the room and may not be permitted to return. Evidence of cheating found after the examination shall also be a cause for action. The executive director shall be informed of such instances of suspected cheating at the earliest possible opportunity and will determine appropriate action.(b) If the executive director determines that sufficient evidence exists of an examination irregularity related to an examinee, an examinee has knowingly violated NCEES or the board policies and procedures, or an examinee cheated, the examinee may have their exam results invalidated, and may be barred from taking any examination in Texas for a period of up to two years. Any application for licensure pending or approved for examination may be denied and will be evaluated or re-evaluated on that basis. Any examination taken and passed while barred from taking an examination in Texas will not be acceptable for licensure purposes in Texas.(c) A licensed professional engineer suspected of cheating may be charged with violating §1001.452 of the Act and applicable board rules.", "sourceNote": "Source Note: The provisions of this §133.75 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 10, 2006, 31 TexReg 9830; amended to be effective December 21, 2008, 33 TexReg 10170; amended to be effective December 17, 2013, 38 TexReg 9042." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213101", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.81", "label": "Receipt of Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213102", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receipt of an application for licensure and application fee at the board office, the board shall initiate a review of the credentials submitted.(b) Once an application and fee is received by the board, no refunds will be granted. By submitting an application and fee, the applicant attests that he or she has reviewed the education, experience, reference, and examination requirements for licensure as prescribed in this chapter and that he or she is qualified for a license based on these requirements.(c) Once an application has entered the review process as described in §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications), the executive director may determine that the application has been so altered by the addition of supplemental information that the description of the applicant's qualifications has been substantially revised. If the executive director determines that an application is substantially revised, the application will be treated as a new application and reviewed under the rules in place on the date of the determination. The executive director will provide an applicant with written notice if an application is determined to be substantially revised. If the applicant disagrees with a determination by the Executive Director, the applicant may make an appeal to the Licensing Committee.(d) Once an application has been reviewed and before a license has been issued or denied, the board will not accept a new or amended application from the applicant. This does not prohibit the executive director, a board member, or the board from requesting, when they deem necessary, additional information from an applicant regarding his or her application.(e) In the event that information bearing on the suitability of an applicant is discovered after submission of an application but prior to issuance of a license, the board may rescind or alter any previous decision, or hold the application in abeyance, or may deny an application until the suitability of the applicant is adequately established.(f) An applicant may request an application to be withdrawn from consideration provided that the application has not been approved for licensure subject to passage of an examination. All requests for withdrawal must be submitted to the Board in writing.(g) An applicant may only have one pending application on file with the Board at any time.(h) Pursuant to Chapter 55, Texas Occupations Code, an application for license from a military service member, military veteran or military spouse shall be processed and reviewed as soon as practicable in accordance with subsection (a) of this section. All other applications will be processed in the order they were received.(i) All information on an application must be filled out completely and accurately and attested to as complete and accurate by the applicant. Information submitted inaccurately, fraudulently, or deceitfully may result in action by the board up to and including denial of the application.", "sourceNote": "Source Note: The provisions of this §133.81 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective November 8, 2004, 29 TexReg 10264; amended to be effective June 26, 2005, 30 TexReg 3586; amended to be effective December 10, 2006, 31 TexReg 9831; amended to be effective December 21, 2008, 33 TexReg 10170; amended to be effective September 20, 2009, 34 TexReg 6321; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective December 14, 2015, 40 TexReg 8889; amended to be effective March 23, 2023, 48 TexReg 1560." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213102", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.83", "label": "Processing, Review, and Evaluation of Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213103", "queryAsDate": "03/11/2026" }, "ruleBody": "All references to the executive director in this section shall allow for the delegation of authority by the executive director to other staff members. An application for licensure shall be handled in the following manner and order:(1) The application is received at the board office.(2) The executive director shall review the application for completeness.(3) The executive director shall:(A) accept the application as administratively complete and ready for technical evaluation; or(B) acknowledge receipt of the application, notify the applicant at the earliest possible time of deficiencies with the application, and give the applicant 60 calendar days to correct deficiencies. If requested by the applicant, the executive director may grant the applicant an additional 30 calendar day period to submit any information identified as necessary to complete the application. If the applicant does not submit the necessary documents or correct deficiencies in the time the board requires, the application shall be administratively withdrawn in accordance with §133.89 of this chapter (relating to Administratively Withdrawn Applications).(4) Once an application is administratively complete, the executive director shall perform a technical review and evaluate the qualifications found in the application.(5) The executive director may approve the application if:(A) all administrative and technical requirements have been met according to the appropriate application type as set out in Subchapter C of this chapter (relating to Professional Engineer License Application Requirements);(B) all experience required for licensure is acceptable per Subchapter E of this chapter (relating to Experience);(C) all references meet the requirements of Subchapter F of this chapter (relating to Reference Documentation) and are considered by the agency staff to be favorable; and(D) the application does not require further review under the criminal history background check requirements of §140.1 of this title (relating to Criminal History and Convictions - Engineers.)(6) During the technical review of the application, the Executive Director may request additional information or require additional documentation to clarify an application and ensure eligibility as needed.(7) The executive director may deny an application for licensure if the applicant does not:(A) submit the minimum number of years of experience to qualify for licensure;(B) have an education acceptable to the board as prescribed in §133.31 of this chapter (relating to Educational Requirement for Applicants); or(C) pass an examination within the time allotted.(8) An applicant whose application has been denied by the executive director under this section shall have 20 calendar days from the date of the denial within which to request a reconsideration and provide additional information to address the deficiencies as set in §133.91 of this chapter (relating to Reconsideration of Denied Application or Requests for Examination Waivers).(9) An application for licensure that is not approved or denied by the executive director pursuant to paragraphs (5) or (7) of this section shall be subject to the procedure set out in §133.85 of this chapter (relating to Additional Review of and Action on Applications) and §133.87 of this chapter (relating to Final Action on Applications).", "sourceNote": "Source Note: The provisions of this §133.83 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 21, 2008, 33 TexReg 10171; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective March 23, 2023, 48 TexReg 1560." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213103", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.85", "label": "Additional Review of and Action on Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213104", "queryAsDate": "03/11/2026" }, "ruleBody": "An application that is not approved or denied per §133.83 of this chapter (related to Processing, Review, and Evaluation of Applications) shall be subject to the following process to determine eligibility for licensure.(1) The executive director will identify the deficiency in the application that prohibits approval as set out in §133.83(5) of this chapter and will draft a Corrective Action Plan (CAP) based on the table in §133.101 of this chapter (relating to Proposed Actions on Applications). The executive director may refer the application and draft CAP to the Licensing Committee for its consideration, before sending the CAP to the applicant, if deemed necessary.(2) The executive director will present the applicant with the CAP in writing. The applicant will have 15 days to respond in writing to the CAP. The applicant shall:(A) accept the terms of the proposed CAP by signing it; or(B) request a personal interview with the Licensing Committee as set out in §133.93 of this chapter (relating to Personal Interviews of Applicants).(3) If the applicant accepts the proposed CAP the applicant will be required to successfully complete all conditions of the CAP prior to approval of the application.(4) Criminal History Deficiency. If the executive director determines the deficiency relates to a violation of the criminal history background check requirements as set out in §140.1 of this title (relating to Criminal History and Convictions - Engineers), the executive director shall refer the application to the Licensing Committee for personal interview without first offering the applicant a proposed CAP.", "sourceNote": "Source Note: The provisions of this §133.85 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 21, 2008, 33 TexReg 10171; amended to be effective March 23, 2023, 48 TexReg 1560." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213104", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.87", "label": "Final Action on Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213105", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon approval of an application by the executive director, the successful completion of the requirements of a Corrective Action Plan (CAP), or the successful completion of the requirements of the Licensing Committee and full board in a manner provided in this subchapter, the executive director shall:(1) issue a license subject to the applicant's taking and passing the examination on the principles and practice of engineering according to §133.67 of this chapter (relating to Examination on the Principles and Practice of Engineering); or(2) issue a license to an applicant who has passed the examination on the principles and practice of engineering or who has had that examination waived; and(3) report all approved applications to the Board.(b) The board by vote shall confirm the action taken at its next regularly scheduled meeting.(c) The executive director shall advise the applicant in writing of any decision of the executive director, the Licensing Committee, or the board, as applicable, within 20 days of the decision.(d) An applicant whose application has been denied by the Board based on criminal conviction, shall have 20 days from the date of the denial within which to request in writing a hearing at the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §133.87 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective September 8, 2005, 30 TexReg 5363; amended to be effective December 21, 2008, 33 TexReg 10171; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective December 14, 2015, 40 TexReg 8889; amended to be effective May 1, 2016, 41 TexReg 1838; amended to be effective March 23, 2023, 48 TexReg 1560." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213105&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213105", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.89", "label": "Administratively Withdrawn Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111234", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application may go into Administratively Withdrawn status per §133.83 of this chapter (relating to Processing, Review, and Evaluation of Applications).(b) To reactivate an administratively withdrawn application, the applicant, no later than six months after the application goes into Administratively Withdrawn status, must submit:(1) a reactivation fee as established by the board;(2) a new application form complete and with signatures;(3) updated supplementary experience records for the time period since the application was first submitted; and(4) documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act, unless previously submitted to the board.(c) An application that goes into Administratively Withdrawn status will be deemed to have been withdrawn by the applicant six months after it enters that status unless, before the six-month period expires, the applicant corrects all deficiencies and submits all necessary documentation to make the application complete and ready for technical review.(d) An application that is deemed to have been withdrawn by the applicant per subsection (c) of this section cannot be reactivated. To be considered for a license, an applicant will be required to submit a new application.(e) Applications that have been deemed to have been withdrawn by the applicant will be reported to the Board.", "sourceNote": "Source Note: The provisions of this §133.89 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective September 30, 2020, 45 TexReg 6768; amended to be effective March 23, 2023, 48 TexReg 1560." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111234", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.91", "label": "Reconsideration of Denied Applications or Requests for Examination Waivers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190060", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reconsideration is not available to persons whose application is denied because of the failure to pass the examination on the principles and practice of engineering.(b) If the application is denied because of the merits of the application, the completeness or incompleteness of the application, the failure to demonstrate an acceptable education, the failure to claim the required creditable experience, or if the board did not grant a request to waive one or more examinations, then the applicant may initiate a request that the application be reconsidered provided:(1) the request is in writing;(2) the request includes additional information bearing on the deficiency of the original application;(3) the request is received at the board office by the close of business on or before the 60th calendar day from the date of the letter notifying the applicant of denial; and(4) no previous reconsideration has been given during this application.(c) If a valid request for reconsideration is received, the application shall repeat the process of application review. Applicants whose applications or requests for an examination waiver are denied under reconsideration may request a personal interview.", "sourceNote": "Source Note: The provisions of this §133.91 adopted to be effective May 20, 2004, 29 TexReg 4873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190060", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.93", "label": "Personal Interviews of Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111236", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A personal interview with the Licensing Committee of the board or the board's designated representative may be scheduled by the executive director to:(1) obtain additional information or clarify submitted information as requested by the board, or to;(2) reconsider a denied application or a denial of an examination waiver request resulting from §133.91 of this chapter (relating to Reconsideration of Denied Applications or Examination Waivers) at the applicant's request, provided that:(A) a written request has been submitted and received at the board's office by the close of business on or before the 60th calendar day from the date of the notification of denial;(B) the personal interview is not to be construed as a hearing, but is held to obtain additional information in support of an application; and(C) the executive director may excuse and reschedule an applicant for a personal interview for cause. The executive director may also withdraw an invitation or permission for a personal interview for any reason including a previous failure to appear.(b) The Licensing Committee or the board's designated representative shall make recommendations to the full board at the next available board meeting to approve or deny an application.(c) The Licensing Committee may request additional information or require additional documentation to clarify an application and ensure eligibility pursuant to §1001.302 of the Act.(d) Another personal interview with the full board may be scheduled with a written request in accordance with subsection (a)(2)(A) - (C) of this section. This interview with the full board shall constitute the last administrative appeal available to the applicant.", "sourceNote": "Source Note: The provisions of this §133.93 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective March 15, 2018, 43 TexReg 1439." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111236", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.95", "label": "Application Files" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213106", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Images of applications that have been through the complete administrative process for approval or denial shall be stored digitally and/or microfilmed.(b) One copy of the records shall be kept in the board office file and one copy shall be kept in the permanent State Archive file.(c) All documents incidental to the complete application may be retained at the discretion of the board.", "sourceNote": "Source Note: The provisions of this §133.95 adopted to be effective May 20, 2004, 29 TexReg 4873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213106", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.97", "label": "Issuance of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213107", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license as a professional engineer shall be issued upon the approval of the application pursuant to §133.87 of this chapter (relating to Final Action on Applications).(b) The new license holder shall be assigned a serial number issued consecutively in the order of approval.(c) The executive director shall notify the new license holder in writing of:(1) the license issuance;(2) the license serial number; and(3) the instructions to obtain a seal.(d) Within 60 days from the written notice from the executive director of license issuance, the new license holder shall obtain a seal(s) that is consistent with the Board authorized-design in §137.31 of this title (relating to Seal Specifications).(e) Failure to comply with subsection (d) of this section is a violation of board rules and may be subject to sanctions.(f) The printed license shall bear the signature of the chair and the secretary of the board, bear the seal of the board, and bear the full name and license number of the license holder.(g) The printed license shall be uniform and of a design approved by the board. Any new designs for a printed license shall be made available to all license holders upon request.(h) A license issued by the board is as a professional engineer, regardless of branch designations or specialty practices. Practice is restricted only by the license holder's professional judgment and applicable board rules regarding professional practice and ethics.(i) The records of the board shall indicate a branch of engineering considered by the board or license holder to be a primary area of competency. A license holder shall indicate a branch of engineering by providing:(1) a transcript showing a degree in the branch of engineering;(2) a supplementary experience record documenting at least 4 years of experience in the branch of engineering and verified by at least one PE reference provider that has personal knowledge of the license holder's character, reputation, suitability for licensure, and engineering experience; or(3) verification of successful passage of the examination on the principles and practice of engineering in the branch of engineering.(j) A license holder may request that the board change the primary area of competency or indicate additional areas of competency by providing one or more of the items listed in paragraphs (1) - (3) of this subsection:(1) a transcript showing an additional degree in the new branch other than the degree used for initial licensure;(2) a supplementary experience record documenting at least 4 years of experience in the new branch verified by at least one PE reference provider who has documented competence in the engineering discipline being added that has personal knowledge of the license holder's character, reputation, suitability for licensure, and engineering experience; or(3) verification of successful passage of the examination on the principles and practice of engineering in the new branch.(k) All requests relating to branch listings for areas of competency require the review and approval of the executive director or the executive director's designee.", "sourceNote": "Source Note: The provisions of this §133.97 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 10, 2006, 31 TexReg 9831; amended to be effective December 21, 2008, 33 TexReg 10171; amended to be effective December 17, 2013, 38 TexReg 9042; amended to be effective December 14, 2015, 40 TexReg 8889; amended to be effective March 15, 2018, 43 TexReg 1439; amended to be effective July 3, 2022 47 TexReg 3684; amended to be effective March 23, 2023, 48 TexReg 1560." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213107", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "133", "label": "LICENSING FOR ENGINEERS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE" }, "rule": { "number": "§133.101", "label": "Proposed Actions on Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202457", "queryAsDate": "03/11/2026" }, "ruleBody": "The following is a table of suggested actions the board may impose against applicants for specific circumstances related to an application. The action may be less than or greater than the suggested actions shown in the following table.Attached Graphic", "sourceNote": "Source Note: The provisions of this §133.101 adopted to be effective March 23, 2023, 48 TexReg 1560." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202457", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "SURVEYOR-IN-TRAINING" }, "rule": { "number": "§134.1", "label": "Surveyor-In-Training Designation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227261", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall receive, evaluate and process all applications for certification as a Surveyor-in-Training (SIT) received from individuals who meet the educational and experience requirements of §1071.253 of the Surveying Act. Once an application is approved and an applicant has successfully passed the examination on the fundamentals of surveying he or she will be issued a certification as a surveyor-in-training. This certification does not entitle an individual to practice as a registered professional land surveyor.", "sourceNote": "Source Note: The provisions of this §134.1 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227261", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "SURVEYOR-IN-TRAINING" }, "rule": { "number": "§134.3", "label": "Surveyor-In-Training Application and Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202459", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible become as a surveyor-in-training (SIT), an individual must:(1) have successfully passed the examination on the Fundamentals of Surveying;(2) submit an SIT application in a format prescribed by the Board;(3) submit an official transcript in accordance with Subchapter D of this chapter (relating to Education);(4) submit experience information in accordance with §134.5 of this chapter (relating to Surveyor-In-Training Experience Requirements); (5) submit a minimum of three reference statements conforming to §134.51 of this chapter (relating to Reference Providers); and(6) pay the fee as established by the Board.(b) A certificate as a surveyor-in-training expires eight years from the date of issuance. Although the certificate has an expiration date, the records of the Board will indicate that an individual has passed the Fundamentals of Surveying examination and these records will be maintained in the file indefinitely and will be made available as requested by the individual or another licensing jurisdiction.(c) The certificate may be renewed upon receipt of an application in a format prescribed by the Board, payment of the SIT certification fee established by the Board, and completion of 32 hours of acceptable continuing education per §138.17 of this title (related to Continuing Education).(d) Effective September 1, 2019, official transcripts will be kept on file and an SIT may request its use when filing the registered professional land surveyor application.(e) If the applicant for SIT certification does not submit all documents required within 90 days of the original application date, the application shall expire and the applicant must reapply and pay a new application fee.", "sourceNote": "Source Note: The provisions of this §134.3 adopted to be\r\neffective December 30, 2020, 45 TexReg 9513; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 134." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202459", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "SURVEYOR-IN-TRAINING" }, "rule": { "number": "§134.5", "label": "Surveyor-In-Training Experience Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227262", "queryAsDate": "03/11/2026" }, "ruleBody": "The following standards are to be used in evaluating the experience required for the surveyor in training:(1) All experience must be obtained under the direction and guidance of one or more Registered Professional Land Surveyors (RPLS).(2) Experience is to be obtained in the area of boundary surveying and boundary determination only. Adequate documentation of the conditions of employment as well as the type of experience gained therein will be required.(3) The applicant is solely responsible for the documentation necessary to verify the acceptable completion of the required experience. The Board will furnish a form, which will be completed by the applicant and signed by both the applicant and the designated RPLS for verification. This form will require the applicant to describe the specific experience that he or she has obtained.(4) All experience to be counted toward certification as an SIT must be verified in writing by one or more RPLS with direct supervision or knowledge of the experience claimed per Subchapter E of this chapter (related to Experience).", "sourceNote": "Source Note: The provisions of this §134.5 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227262", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "B", "label": "PROFESSIONAL SURVEYOR REGISTRATION" }, "rule": { "number": "§134.11", "label": "Types of Surveyor License and Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213108", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall receive, evaluate and process all applications for registration as a Registered Professional Land Surveyor (RPLS) or Licensed State Land Surveyor (LSLS) received from individuals who assert through the application process that he or she meets the minimum requirements of the Surveying Act. The board shall deny a registration or license to any applicant found not to have met all requirements of the Surveying Act and board rules.(1) Standard Registration. All initial surveying licenses or registrations issued by the board shall be considered standard licenses or registrations.(2) Reciprocal Registration. An applicant who holds a surveying license or registration from another U.S. jurisdiction may apply via the reciprocal registration process set forth in §134.25 of this chapter.(3) Temporary License or Registration. The board does not issue any temporary surveyor registration at this time.(4) Provisional License or Registration. The board may issue a provisional license in accordance with the provisions of Texas Occupations Code Section 53.0211 and may add any additional conditions the board finds necessary to ensure the health, safety, and welfare of the public.", "sourceNote": "Source Note: The provisions of this §134.11 adopted\r\nto be effective December 30, 2020, 45 TexReg 9513; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 134." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213108", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "LAND SURVEYOR APPLICATION REQUIREMENTS" }, "rule": { "number": "§134.21", "label": "Application for Standard Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214984", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for registration as a registered professional land surveyor (RPLS), an individual must submit a completed application.(b) All applicants must hold a current Texas Surveyor-In-Training (SIT) certification and pass the examination on the fundamentals of surveying before submitting an application for registration as an RPLS.(c) Applicants must speak and write the English language. Proficiency in English may be evidenced by an accredited degree taught exclusively in English, or passage of the Test of English as a Foreign Language (TOEFL) with a written score of at least 550, a computer based score of at least 200, or an internet-based score of at least 95, or other evidence such as significant academic or work experience in English, that is acceptable to the executive director.(d) Applicants for a registration shall submit:(1) an application in a format prescribed by the board including:(A) his or her full, legal name without abbreviations, nicknames, or other variations of the full legal name. If applicable, the applicant shall submit proof of a legal name change including but not limited to a marriage certificate, passport, current Driver's License issued by the State of Texas, court documents, or nationalization documents to substantiate other documentation submitted in the application; and(B) his or her social security number, as required under the Texas Family Code, §231.302;(2) current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;(3) proof of educational credentials pursuant to Subchapter D of this chapter (relating to Education);(4) a supplementary experience record that includes at least two years of surveying experience as required under §134.41 of this chapter (relating to Supplementary Experience Record);(5) a minimum of three reference statements conforming to Subchapter F of this chapter (relating to Reference Documentation);(6) documentation of a passing score on examination(s), which may include official verifications from the National Council of Examiners for Engineering and Surveying (NCEES) or other jurisdictions as required under §134.61(g) of this chapter (relating to Surveying Examinations), if applicable;(7) verification of a current license from another jurisdiction, if applicable;(8) TOEFL scores, if applicable;(9) information regarding any judgments of convictions, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a form prescribed by the board together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges; and(10) for applications submitted on or after September 1, 2020, documentation of submittal of fingerprints for criminal history record check as required by Texas Occupations Code §1001.272.(e) At the time the application is filed, an applicant may request in writing that any transcripts, reference statements, evaluations, experience records or other similar documentation previously submitted to the board be included in a current application; however, new or updated information may be required.(f) The NCEES record may be accepted as verification of an original transcript, licenses held, examinations taken, experience record and reference documentation to meet the conditions of subsection (d)(3) - (7) of this section.(g) Once an application is accepted for review, the fee shall not be returned, and the application and all submissions shall become a permanent part of the board records.(h) An applicant who is a citizen of another country shall show sufficient documentation to the board to verify the immigration status for the determination of his or her eligibility for a professional license in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.(i) Once an application under this section is accepted for review, the board will follow the procedures in §134.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility as needed. Pursuant to Texas Occupations Code §1001.453, the board may review the license holder's status and take action if the license was obtained by fraud or error or if the license holder may pose a threat to the public's health, safety, or welfare.", "sourceNote": "Source Note: The provisions of this §134.21 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective March 23, 2023, 48 TexReg 1561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214984", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "LAND SURVEYOR APPLICATION REQUIREMENTS" }, "rule": { "number": "§134.23", "label": "Application from Former Standard Registration Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223309", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A former standard registration holder, whose original license has been expired for two or more years and who meets the current requirements for licensure, may apply for a new registration.(b) A former standard registration holder applying for a registration under the current law and rules must have the documentation requested in §134.21 of this chapter (relating to Application for Standard Registration) recorded and on file with the board and may request in writing that any transcripts, reference statements, evaluations, supplementary experience records or other similar documentation previously submitted to the board be applied toward the new application. The applicant shall:(1) submit a new application in a format prescribed by the board;(2) pay the application fee established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;(3) submit an updated supplementary experience record that includes at least the last two years of surveying experience, which may include experience before the previous license expired;(4) submit a minimum of three reference statements conforming to Subchapter F of this chapter (relating to Reference Documentation), in which a registered professional land surveyor shall verify at least two years of the updated supplementary experience record; and(5) For applications submitted on or after September 1, 2020, documentation of submittal of fingerprints for criminal history record check as required by §1001.272 of the Act, unless previously submitted to the board.(c) Once an application from a former standard registration holder is received, the board will follow the procedures in §134.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application.(d) Any license registration issued to a former standard registration holder shall be assigned a new serial number.(e) Once an application under this section is accepted for review, the board will follow the procedures in §134.83 of this chapter to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility as needed. Pursuant to Texas Occupations Code §1001.453, the board may review the license holder's status and take action if the license was obtained by fraud or error or the license holder may pose a threat to the public's health, safety, or welfare.(f) Any enforcement action taken against an expired registration or license holder in accordance with §139.31 of this title (relating to Enforcement Actions for Violations of the Act or Board Rules) or pending enforcement action at which time the registration or license became expired for two or more years may be considered in the evaluation of an application for a new registration or license.", "sourceNote": "Source Note: The provisions of this §134.23 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective July 3, 2022, 47 TexReg 3685; amended to be effective March 23, 2023, 48 TexReg 1561; amended to be effective September 3, 2023, 48 TexReg 4857." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223309", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "LAND SURVEYOR APPLICATION REQUIREMENTS" }, "rule": { "number": "§134.25", "label": "Application from Out-of-State Registration Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202464", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who holds a license or registration as a professional land surveyor from another state or U.S. jurisdiction having registration or licensing requirements substantially equivalent to the requirements of Texas may apply for a standard license.(b) The Board shall determine whether the licensing or registration standards of the governmental authority under which the reciprocal applicant is licensed or registered are substantially equivalent to those standards required in the State of Texas.(c) The Board shall require the reciprocal applicant to take and pass an examination not to exceed four (4) hours as required for applicants under §1071.259 of the Surveying Act.(d) To be eligible for registration as a registered professional land surveyor (RPLS), one must submit a completed application.(e) Applicants must speak and write the English language. Proficiency in English may be evidenced by possession of an accredited degree taught exclusively in English, or passage of the Test of English as a Foreign Language (TOEFL) with a written score of at least 550, a computer based score of at least 200 or an internet based score of at least 95 or other evidence such as significant academic or work experience in English acceptable to the executive director.(f) Applicants for a registration shall submit:(1) an application in a format prescribed by the board and shall:(A) list his or her full, legal and complete name without abbreviations, nicknames, or other variations of the full legal name. If applicable, the applicant shall submit proof of a legal name change including but not limited to a marriage certificate, passport, current Driver's License issued by the State of Texas, court documents, or nationalization documents to substantiate other documentation submitted in the application; and(B) list social security number, as required under the Texas Family Code, §231.302;(2) current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;(3) proof of educational credentials pursuant to Subchapter D of this chapter (relating to Education);(4) supplementary experience record as required under §134.41 of this chapter (relating to Supplementary Experience Record);(5) reference statements as required under Subchapter F of this chapter (relating to Reference Documentation); and(6) documentation of passing scores on examination(s), which may include official verifications from the National Council of Examiners for Engineering and Surveying (NCEES) or other jurisdictions as required under §134.61(g) of this chapter (relating to Surveying Examinations);(7) verification of a current license from another jurisdiction;(8) TOEFL scores, if applicable;(9) information regarding any criminal history including any judgments, deferred judgments or pre-trial diversions for a misdemeanor or felony provided in a form prescribed by the board together with copies of any court orders or other legal documentation concerning the criminal charges and the resolution of those charges; and(10) for applications submitted on or after September 1, 2020, documentation of submittal of fingerprints for criminal history record check as required by Texas Occupations Code §1001.272.(g) The NCEES record may be accepted as verification of an original transcript, licenses held, examinations taken, experience record and reference documentation to meet the conditions of subsection (d)(3) - (7) of this section.(h) Once an application is accepted for review, the fee shall not be returned, and the application and all submissions shall become a permanent part of the board records.(i) An applicant who is a citizen of another country shall show sufficient documentation to the board to verify the immigration status for the determination of his or her eligibility for a professional license in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.(j) Once an application under this section is accepted for review, the board will follow the procedures in §134.83 of this chapter (relating to Processing, Review, and Evaluation of Applications) to review and approve or deny the application. The board may request additional information or require additional documentation to ensure eligibility as needed. Pursuant to Texas Occupations Code §1001.453 the board may review the license holder's status and take action if the license was obtained by fraud or error or if the license holder may pose a threat to the public's health, safety, or welfare.", "sourceNote": "Source Note: The provisions of this §134.25 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective March 23, 2023, 48 TexReg 1561; amended to be effective January 7, 2025, 50 TexReg 153." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202464", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "LAND SURVEYOR APPLICATION REQUIREMENTS" }, "rule": { "number": "§134.27", "label": "Application for Licensed State Land Surveyor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227263", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who holds a registration as a registered professional land surveyor in Texas may apply for a license as licensed state land surveyor.(b) Applicants for a license shall submit to the board:(1) an application in a format prescribed by the board;(2) current application fee as established by the board. Application fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55;(3) submit a minimum of three reference statements conforming to Subchapter F of this chapter (relating to Reference Documentation), at least one of which must be from a currently active Licensed State Land Surveyor in good standing; and(4) verification from the General Land Office (GLO) that the applicant has completed the Licensed State Land Surveyor introduction program provided by the GLO.(c) Draft Working Sketch and Report. Once the submissions described in subsection (b) of this section are reviewed and determined to be complete by the executive director, the applicant will complete a draft working sketch and report as provided by the board in conjunction with the GLO. The draft working sketch and report will be submitted to the board for review and evaluation. If a draft working sketch is determined to be incomplete or incorrect, the board will provide the applicant with information concerning the noted deficiencies and the applicant will have an opportunity to rectify the deficiencies. Once the draft working sketch and report is determined by the executive director to be complete and acceptable, the applicant will be approved to take the Licensed State Land Surveyor examination.(d) Licensed State Land Surveyor Examination. An applicant must successfully complete and pass the Licensed State Land Surveyor examination as required by §134.68 of this chapter (relating to Licensed State Land Surveyor Examination).(e) Oath: After the successful completion and passage of the LSLS examination and prior to the issuance of a license, the applicant must take and submit proof of the completion of the oath as required by §1071.255 of the Surveying Act.(f) After the completion of the requirements listed above, the applicant will be issued a license as a licensed state land surveyor.", "sourceNote": "Source Note: The provisions of this §134.27 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227263", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "LAND SURVEYOR APPLICATION REQUIREMENTS" }, "rule": { "number": "§134.29", "label": "Application for Licensure for Military Service Members, Military Veterans, and Military Spouses." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220457", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A military service member, military veteran, or military spouse, as defined in Texas Occupations Code §55.001, may apply for Standard Licensure in accordance with §134.21 of this Chapter, relating to Application for Standard Registration. (b) As applicable, a military service member, military veteran, or military spouse who held a Texas professional land surveyor registration or Texas licensed state land surveyor license within the five years preceding the application date under this subsection, may apply for alternative licensing in accordance with the provisions of Texas Occupations Code §55.004, relating to Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses. (c) As it relates to the implementation of Texas Occupations Code §55.004 and §55.0041, the Board has determined that no other states professional land surveyor license is similar in scope to a Texas professional land surveyor registration or a Texas licensed state land surveyor registration.", "sourceNote": "Source Note: The provisions of this §134.29 adopted to be\r\neffective December 30, 2020, 45 TexReg 9513; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 135." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220457", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "D", "label": "EDUCATION" }, "rule": { "number": "§134.31", "label": "Educational Requirements for Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202466", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for certification as a surveyor-in-training shall have graduated from at least one of the educational programs or program combinations listed in §1071.253 of the Surveying Act.(1) For the purpose of meeting the requirements found in §1071.253(a)(2)(A) or §1071.253(a)(4)(A), the courses listed in subparagraphs (A) - (C) of this paragraph must be taken in order to be eligible for a surveyor-in-training certificate:(A) a minimum of 9 semester hours (13.5 quarter hours) of land surveying. For the purposes of this chapter, land surveying courses acceptable to the board may include, but are not limited to, the topics of basic surveying, advanced surveying, route surveying, engineering surveying, geospatial engineering, and geodesy.(B) a minimum of 3 semester hours (4.5 quarter hours) of land law. For the purposes of this chapter, land law courses acceptable to the board may include, but are not limited to, the topics of legal principles of surveying, boundary surveying evidence and boundary analysis, and Texas specific laws impacting land surveying. Courses focusing primarily on real estate laws are not acceptable to the board.(C) a minimum of six semester hours (nine quarter hours) of mathematics. For the purposes of this chapter, mathematics courses acceptable to the board may include, but are not limited to, land surveying math, college algebra, trigonometry, analytical geometry, differential and integral calculus, linear algebra, numerical analysis, probability, statistics, and advanced calculus.(2) For the purpose of meeting the requirements found in §1071.253(a)(2)(A) or §1071.253(a)(4)(A), the board provides the following definitions:(A) Civil engineering courses acceptable to the board include, but are not limited to, courses that address the design, construction, and maintenance of the physical and naturally built environment.(B) Photogrammetry courses acceptable to the board include, but are not limited to, courses that address the science and technology of obtaining reliable information about physical objects and the environment through the process of recording, measuring and interpreting photographic images and patterns of electromagnetic radiant imagery and other phenomena and includes the topic of remote sensing.(C) Forestry courses acceptable to the board include, but are not limited to, courses that address the science of developing, caring for, or cultivating forests.(D) Physical science courses acceptable to the board include, but are not limited to, courses that study the non-living world, including physics, geology, physical geography, astronomy, chemistry, and geographic information systems (GIS).(3) The education provisions found in paragraphs (1) and (2) of this subsection shall apply to any applicant for a surveyor in training registration after January 1, 2026.(b) Applicants for registration as a registered professional land surveyor shall have graduated from at least one of the educational programs or degree program combinations listed in §1071.254 of the Surveying Act.(1) For the purpose of meeting the requirements found in §1071.254(a)(3), the courses listed in subparagraphs (A) - (C) of this paragraph must be taken, as part of the qualifying degree or in addition to the bachelor or associate degree program, in order to be eligible for a surveyor-in-training certificate:(A) a minimum of 9 semester hours (13.5 quarter hours) of land surveying. For the purposes of this chapter, land surveying courses acceptable to the board may include, but are not limited to, the topics of basic surveying, advanced surveying, route surveying, engineering surveying, geospatial engineering, and geodesy.(B) a minimum of 3 semester hours (4.5 quarter hours) of land law. For the purposes of this chapter, land law courses acceptable to the board may include, but are not limited to, the topics of legal principles of surveying, boundary surveying evidence and boundary analysis, and Texas specific laws impacting land surveying. Courses focusing primarily on real estate laws are not acceptable to the board.(C) a minimum of six semester hours (nine quarter hours) of mathematics. For the purposes of this chapter, mathematics courses acceptable to the board may include, but are not limited to, land surveying math, college algebra, trigonometry, analytical geometry, differential and integral calculus, linear algebra, numerical analysis, probability, statistics, and advanced calculus.(2) For the purpose of meeting the requirements found in §1071.254(a)(3), the board provides the following definitions:(A) Civil engineering courses acceptable to the board include, but are not limited to, courses that address the design, construction, and maintenance of the physical and naturally built environment.(B) Photogrammetry courses acceptable to the board include, but are not limited to, courses that address the science and technology of obtaining reliable information about physical objects and the environment through the process of recording, measuring and interpreting photographic images and patterns of electromagnetic radiant imagery and other phenomena and includes the topic of remote sensing.(C) Forestry courses acceptable to the board include, but are not limited to, courses that address the science of developing, caring for, or cultivating forests.(D) Physical science courses acceptable to the board include, but are not limited to, courses that study the non-living world, including physics, geology, physical geography, astronomy, chemistry, and geographic information systems (GIS).(3) The education provisions found in paragraphs (1) and (2) of this subsection shall apply to any applicant for a registered professional land surveyor who applied for a surveyor in training registration after January 1, 2026.(4) If the surveyor in training registration was waived for an applicant from an out-of-state registration holder in accordance with the provisions found in §134.25 of this chapter (relating to Application from Out-of-State Registration Holders), the education provisions found in paragraphs (1) and (2) of this subsection shall apply to any applicant for a registered professional land surveyor received after January 1, 2026.(c) The Board will accept degrees conferred by programs accredited or approved by the (ABET), Applied and Natural Science Accreditation Commission (ANSAC), and other recognized institutions of higher education as described in §131.2 of this title (relating to Definitions).(d) Degrees not accredited per subsection (c) of this section must be evaluated at the expense of the applicant by an organization approved by the Board.", "sourceNote": "Source Note: The provisions of this §134.31 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective September 14, 2024, 49 TexReg 7038." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202466", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "D", "label": "EDUCATION" }, "rule": { "number": "§134.35", "label": "Proof of Educational Qualifications-Accredited/Approved Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202467", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for certification or registration shall provide to the board an official transcript for each degree or coursework to be relied upon to meet the educational requirements for certification or registration.(b) Transcript(s) shall include either grades or mark sheets and proof that the degree was conferred.(c) To ensure security of transcripts, each transcript must be received directly from:(1) the registrar of the institution from which the applicant graduated; or(2) the National Council of Examiners for Engineering and Surveying (NCEES) or a board approved commercial evaluation service provided the transcripts were forwarded directly to the board from the registrar of the institution from which the applicant graduated.(d) The applicant is responsible for ordering and paying for all transcripts.(e) Additional academic information, including but not limited to grades and transfer credit, shall be submitted to the board at the request of the executive director.", "sourceNote": "Source Note: The provisions of this §134.35 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202467", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "D", "label": "EDUCATION" }, "rule": { "number": "§134.37", "label": "English Translation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202469", "queryAsDate": "03/11/2026" }, "ruleBody": "All documents supporting the application written in language other than English shall be accompanied by a certified English translation.", "sourceNote": "Source Note: The provisions of this §134.37 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202469", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "EXPERIENCE" }, "rule": { "number": "§134.41", "label": "Supplementary Experience Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223311", "queryAsDate": "03/11/2026" }, "ruleBody": "Applicants shall submit a supplementary experience record to the board as a part of the application. The supplementary experience record is a written summary documenting all of the applicant's land surveying experience used to meet the requirements for registration. The NCEES record experience information may be accepted as all or part of a supplementary experience record.(1) The supplementary experience record shall be written by the applicant and shall:(A) provide an overall description of the nature and scope of the work with emphasis on detailed descriptions of the land surveying work;(B) clearly describe the land surveying work that the applicant personally performed;(C) delineate the role of the applicant in any group surveying activity; and(D) include any relevant training or participation in surveying organizations or societies that contribute to the applicant's competence and readiness for registration.(2) The supplementary experience record shall be divided into employment engagements that correspond to those listed in the application and shall be written in sufficient detail to allow a board reviewer to document the minimum amount of experience required and to allow a reference provider to recognize and verify the quality and quantity of the experience claimed. The record shall include the percentage of time engaged in boundary land surveying as opposed to other types of surveying.(3) Experience that is unsupported by references may not be considered. All experience claimed to meet the minimum requirements for registration shall be verified by one or more currently licensed or registered professional land surveyors(s) pursuant to §134.51 of this chapter (relating to Reference Providers).(4) Experience from part-time employment must be accounted for proportionally to a standard 40-hour work week.(5) The supplementary experience record must cover at least the minimum amount of time needed by the applicant for issuance of a registration as required by §§1071.254 or 1071.259 of the Surveying Act.(6) No credit will be considered for experience obtained in violation of the Surveying Act or any applicable prior Act governing the surveying profession.", "sourceNote": "Source Note: The provisions of this §134.41 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223311", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "EXPERIENCE" }, "rule": { "number": "§134.43", "label": "Experience Evaluation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202471", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall evaluate the nature and quality of the experience found in the supplementary experience record or the NCEES record experience information and shall determine if the work is satisfactory to the board for the purpose of issuing a license to the applicant. The board shall evaluate the supplementary experience record for evidence of the applicant's competency to be placed in responsible charge of land surveying work of a similar character.(b) The following standards are to be used in evaluating experience:(1) All experience must be obtained under the direction and guidance of one or more registered professional land surveyors.(2) Experience shall be obtained in the area of boundary surveying and boundary determination only.(3) Experience to be counted toward registration shall be counted from the date the applicant passes the National Council of Examiners for Engineering and Surveying (NCEES) fundamentals of land surveying examination.(4) The required experience is divided into two types of experience, which are as follows:(A) Office experience. The required office experience will consist of a minimum of three months of acceptable experience within each of the following categories, herein referred to as \"acceptable office experience\" for a minimum of one year:(i) Research of county records and records search;(ii) Legal principles, boundary reconciliation, and deed sketches;(iii) Computations/traverse accuracy analysis; and(iv) Documentation/description/monumentation/preparation of final surveys. All two years of the experience requirement may be obtained as office experience.(B) Field experience. The remaining acceptable experience, if not within the previously listed office experience categories, must be within the categories following:(i) Field accuracies and tolerances;(ii) Field traverse notes; and(iii) Monument search based on deed sketches.(c) In the review of surveying experience, the board may consider additional elements including:(1) whether the experience was sufficiently complex and diverse, and of an increasing standard of quality and responsibility;(2) whether the quality of the surveying work shows minimum technical competency;(3) whether the experience was gained in accordance with the provisions of the Surveying Act and board rules;(4) whether non-traditional surveying experience such as sales or military service provides sufficient depth of practice;(5) whether short engagements have had an impact upon professional growth;(6) whether the applicant intends to practice or offer surveying services in Texas; or(7) whether the experience was supplemented by training courses or participation in surveying organizations or societies that contribute to the applicant's competence and readiness for registration.(d) Surveying experience may be considered satisfactory for the purpose of registration provided that:(1) the experience is gained during an engagement longer than three months in duration;(2) the experience, when taken as a whole, meets the minimum time;(3) the experience is not anticipated and has actually been gained at the time of application; and(4) the time granted for the experience claimed does not exceed the calendar time available for the periods of employment claimed, and the calendar time has not been claimed as engineering experience in an engineering licensure application.", "sourceNote": "Source Note: The provisions of this §134.43 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective January 7, 2025, 50 TexReg 153." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202471", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "F", "label": "REFERENCE DOCUMENTATION" }, "rule": { "number": "§134.51", "label": "Reference Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223312", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for registration shall provide reference statements to verify suitability for registration and all land surveying experience claimed to meet the minimum years of experience required. Reference statements will be used to verify the applicant's experience and to determine to the extent the experience is creditable land surveying experience. The NCEES record reference documentation may be accepted as reference statements as specified in this section.(b) All reference providers shall be registered or licensed professional surveyors and have personal knowledge of the applicant's surveying experience and qualifications.(c) No member of the Board will be accepted as a reference unless the Board member is the registered professional land surveyor with the most knowledge of the applicant's experience.(d) Registered or licensed professional surveyors who provide reference statements and who are licensed or registered in a jurisdiction other than Texas shall include a copy of their pocket card or other verification to indicate that their license or registration is current and valid.(e) Registered professional land surveyors who provide reference statements shall not be compensated.(f) Reference statements on file with the board from previous applications may be used upon written request of the applicant and with the approval of the executive director. Additional references may be required.(g) The board members and staff may, at their discretion, rely on any, all, or none of the reference statements provided in connection with an application for licensure.", "sourceNote": "Source Note: The provisions of this §134.51 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223312", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "F", "label": "REFERENCE DOCUMENTATION" }, "rule": { "number": "§134.53", "label": "Reference Statements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202473", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant shall make available to each reference provider, the board's reference statement form and a complete copy of the applicable portion(s) of the supplementary experience record.(b) Persons providing reference statements verifying an applicant's land surveying experience shall:(1) complete and sign the reference statement in a format prescribed by the board; and(2) review, evaluate, and sign all applicable portions of the supplementary experience record(s). The reference provider's signature indicates that he has read the supplementary experience record(s), that the record(s) are correct to the best of his knowledge, and that the experience is relevant to registration. If the reference provider disagrees with or has comments or clarification to the information provided by the applicant, the reference provider should submit written comments or concerns to the board.(3) For the purposes of this section, a reference statement and associated portions of the applicant's supplementary experience record submitted directly to the board through a secure method prescribed by the board will be considered \"signed\" as required in this subsection.(c) The reference provider shall submit to the board both the reference statement and the supplementary experience record.(d) For any reference statement to meet the requirements of the board, the reference statement must be securely submitted in a manner acceptable to the board. Any tampering of the reference statements by the applicant could result in denial of the application.(e) Secured reference envelopes shall be submitted to the board by applicant or reference provider.(f) Reference documents submitted directly to the board by the reference provider in a method prescribed by the board will meet the requirements of subsection (d) of this section.(g) Evidence of retaliation by an applicant against a person who provides reference material for an application may be considered in the application process as described in §134.81 of this chapter (relating to Receipt of Applications).(h) The NCEES record reference documentation may be accepted in lieu of reference statements as specified in this section.", "sourceNote": "Source Note: The provisions of this §134.53 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective March 23, 2023, 48 TexReg 1561; amended to be effective January 7, 2025, 50 TexReg 153." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202473", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "F", "label": "REFERENCE DOCUMENTATION" }, "rule": { "number": "§134.55", "label": "Reference Communication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227264", "queryAsDate": "03/11/2026" }, "ruleBody": "Additional references may be required of the applicant when the executive director finds it necessary to adequately verify the applicant's experience. The board and/or staff may at their discretion communicate with any reference or seek additional information.", "sourceNote": "Source Note: The provisions of this §134.55 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227264", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§134.61", "label": "Surveying Examinations Required for a Registration to Practice as a Professional Surveyor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants are required to take written experience and knowledge examinations, furnished and graded by the NCEES or by the board unless a waiver is granted pursuant to Texas Occupations Code section 1071.259 for Out-of-State Surveyors.(b) All examinations shall be in the English language.(c) Experience and knowledge examinations shall be:(1) a Fundamentals of Surveying examination prepared by NCEES;(2) a Principles and Practice of Surveying examination prepared by the NCEES; and(3) a Texas Specific Surveying Examination prepared by the board.(d) The board shall publish examination information which shall include at least the following:(1) the places where the examinations shall be held;(2) the dates of the examinations;(3) the deadline date for an examinee to schedule an examination, if applicable;(4) fees for each examination; and(5) types of examinations offered.(e) Examinations may be scheduled by timely submission of registration information in a format specified by the Board with the appropriate examination fee.(f) Individuals who plan to take an examination must have their registration completed by the close of regular business on the date established by the applicable examination schedule.(g) Applicants providing an official verification from NCEES or an NCEES member board certifying that they have passed the Fundamentals of Surveying and/or Principles and Practices of Surveying examination(s) in that state shall not be required to take the examination(s) again.(h) Examination registration fees may be collected by the board or a contracted exam administrator and, when appropriate, shall be refunded or transferred to future examination administrations in accordance with established board or exam administrator policy and if approved by the executive director.(i) Examination candidates who have been called into active U.S. military duty or who are re-assigned military personnel and will not be available to sit for an examination may request an extension of the approved examination period defined in §134.67 of this chapter (relating to Texas Specific Surveying Exam). Such candidates shall submit adequate documentation, including copies of orders, and a request to extend the approved examination period to the board. The candidate shall notify the board of their availability to resume the examination period within 60 days of release from active duty or when they are deployed to a location that provides a board approved examination.(j) All examinations shall be administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.), and its subsequent amendments. Special accommodations can be provided for examinees with physical or mental impairments that substantially limit life activities.(1) Any individual with a disability who wishes to request special accommodations must submit an official request and supporting medical documentation that has been generated by an appropriate licensed health care professional in a format specified by the contracted exam administrator.(2) The request must be submitted prior to the exam registration deadline established by the contracted exam administrator.(3) The board or the contracted exam administrator may request additional documentation to substantiate a request for special accommodations.(4) The requestor will be notified of approval of the request or reason for denial of the request by the board or contracted exam administrator.(k) Pursuant to Texas Occupations Code §54.002, if an examination candidate's religious beliefs prevent the candidate from taking an examination on a religious holy day that conflicts with the normally scheduled examination date, the candidate shall submit a request to the contracted exam administrator and the board to take the examination on an alternate date.(l) Upon successful passage of the experience and knowledge examinations an applicant shall be considered to have met the examination requirements for registration as a registered professional land surveyor in Texas.", "sourceNote": "Source Note: The provisions of this §134.61 adopted to be\r\neffective December 30, 2020, 45 TexReg 9513; amended to be effective\r\nSeptember 5, 2023, 48 TexReg 4858; amended to be effective January\r\n7, 2026, 50 TexReg 135." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227265", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§134.65", "label": "Examination on the Fundamentals of Surveying" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227267", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons who have not passed the examination on the fundamentals of surveying may apply to take the examination in accordance with the applicable examination registration requirements.(b) The board shall utilize the national fundamentals of surveying examination developed and administered by NCEES to meet this requirement.(c) The examination on the fundamentals of surveying shall be offered according to the schedule determined by the NCEES.", "sourceNote": "Source Note: The provisions of this §134.65 adopted to be\r\neffective December 30, 2020, 45 TexReg 9513; amended to be effective\r\nJanuary 7, 2026, 50 TexReg 135." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227267", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§134.66", "label": "Examination on the Principles and Practice of Surveying" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall utilize the Principles and Practice of Surveying Exam (PS Exam) developed and administered by NCEES to meet this requirement.(b) Applicants who are granted certification as a Surveyor-in-Training in accordance with §134.1 of this chapter (relating to Surveyor-in-Training Designation) are approved to take the PS exam.(c) Applicants who have been approved for examinations per §134.87 of this chapter (relating to Final Actions on Applications) are approved to take the PS exam.(d) An applicant approved to take the PS exam:(1) shall be advised of the date he or she is eligible; and(2) shall be solely responsible for timely scheduling for the examinations and any payment of examination fees.(e) The PS exam shall be offered according to the schedule determined by NCEES.(f) An applicant who has passed the PS exam will not be required to re-take the examination.", "sourceNote": "Source Note: The provisions of this §134.66 adopted to be\r\neffective January 7, 2026, 51 TexReg 136." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227266", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§134.67", "label": "Texas Specific Surveying Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223314", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Specific Surveying Examination (TSSE) shall be constructed according to §1071.256 of the Surveying Act. The TSSE shall be developed by the board to supplement the NCEES PS Exam and cover any topic areas specific to the professional practice of land surveying in Texas that are not covered by the NCEES PS exam. The TSSE shall not exceed four hours in duration. (b) Applicants who have been approved for examinations per §134.87 of this chapter are approved to take the TSSE.(c) An applicant approved to take the TSSE:(1) shall be advised of the date he or she is eligible; and(2) shall be solely responsible for timely scheduling for the examinations and any payment of examination fees.(d) The TSSE shall be offered according to a schedule and at a location determined by the board.(e) For the purposes of this section, exam attempt means a unique administration of an examination for which attendance is documented.(f) An applicant approved to take the TSSE shall be allowed not more than three examination attempts and those attempts must be completed within a four-year period starting with the date of the notification for approval to take the exam. No extensions of time shall be granted except as provided for in §134.61(i) of this chapter (relating to Surveying Examinations Required for a License to Practice as a Professional Surveyor).(g) An applicant who does not pass the TSSE within the approved examination period described in subsection (f) of this section is considered not approved and may not re-apply for approval until he or she has obtained at least one (1) year of additional surveying experience as described in Subchapter E of this chapter (relating to Experience) or until the applicant has completed at least six (6) additional semester hours of formal college level classroom courses relevant to land surveying. The time period to obtain additional surveying experience or enroll in additional college courses commences on the date of the last TSSE exam attempt. Applicants meeting the additional experience or education requirements must reapply in accordance with §134.21 of this chapter and receive approval for additional exam attempts.(h) If the applicant has not attempted to take the TSSE within the approved examination period described in subsection (c) of this section, the applicant may reapply to take the exam after the prior approved examination period has expired under §134.21 of this chapter (relating to Application for Standard License) and may receive approval for additional exam attempts.(i) An applicant who has passed the TSSE will not be required to re-take the examination.(j) TSSE Exam fees shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55.", "sourceNote": "Source Note: The provisions of this §134.67 adopted to be\r\neffective March 30, 2021, 46 TexReg 2016; amended to be effective\r\nSeptember 5, 2023, 48 TexReg 4858; amended to be effective January\r\n7, 2025, 50 TexReg 153; amended to be effective January 7, 2026, 50\r\nTexReg 135." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223314", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§134.68", "label": "Licensed State Land Surveyor Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202477", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensed state land surveyor examination is open only to applicants who have received board approval to take it.(b) An applicant approved to take the licensed state land surveyor examination:(1) shall be advised of the date he or she is eligible; and(2) shall be solely responsible for timely scheduling for the examination and any payment of examination fees.(c) For the purposes of this section, exam attempt means a unique administration of an examination for which attendance is documented.(d) The licensed state land surveyor examination shall be offered according to the schedule determined by the board.(e) The licensed state land surveyor examination shall be constructed according to §1071.256 of the Surveying Act. The exam shall be written and so designed to test the applicant's knowledge of the history, files, and functions of the General Land Office, survey construction, legal aspects pertaining to state interest in vacancies, excesses, and unpatented lands, and familiarity with other state interests in surface and subsurface rights as covered by existing law.(f) The licensed state land surveyor examination consists of two four-hour sections and each part graded independently. An applicant is required to pass both sections of the examination in the same exam attempt. If an applicant does not pass both parts, the exam is not passed and the examinee may register for and attempt the examination again.(g) The board shall develop an examination to meet the requirements of this section (relating to Licensed State Land Surveyor Examination).(h) The licensed state land surveyor examination fee shall be waived for qualifying military service members, military veterans, and military spouses in accordance with Texas Occupations Code Chapter 55.", "sourceNote": "Source Note: The provisions of this §134.68 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective January 7, 2025, 50 TexReg 153." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202477", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§134.69", "label": "Waiver of Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214988", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Examinations are considered an integral part of the licensing process; all applicants are expected to have passed the examinations or to offer sufficient evidence of their qualifications in the absence of passage of the examinations. The board may waive the examinations on the fundamentals of surveying for applicants who:(1) do not pose a threat to the public health, safety, or welfare;(2) request a waiver in writing at the time the application is filed; and(3) meet the requirements of subsections (b) of this section.(b) Waiver of Fundamentals of Surveying Examination. Applications for a waiver of the fundamentals of surveying examination will only be accepted from Out-of-State Registration Holders.(1) Applicants must meet the requirements for application as an Out-of-State Registration Holder per §134.25 of this chapter (relating to Application from Out-Of-State Registration Holders);(2) The applicant has at least 4 years of creditable surveying experience post licensure or registration as a licensed or registered land surveyor in another state or jurisdiction.", "sourceNote": "Source Note: The provisions of this §134.69 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214988", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§134.71", "label": "Examination for Record Purposes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214989", "queryAsDate": "03/11/2026" }, "ruleBody": "A land surveyor currently registered in Texas may take the NCEES examination on the principles and practice of surveying for record purposes. Unless required to do so by the Board, an individual who has passed an examination may not re-take the examination.", "sourceNote": "Source Note: The provisions of this §134.71 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective September 5, 2023, 48 TexReg 4858." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214989", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§134.73", "label": "Examination Results and Analysis" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202480&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202480", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each examinee that has completed the examination on the fundamentals of surveying, the examination on the principles and practice of surveying, or the Texas Specific Surveying Examination, the board or NCEES shall provide a numerical score, if applicable, and an indication of whether the person passed or failed the examination.(b) For those exams or exam components with numerical scores, the passing score is 70.(c) In accordance with Texas Occupations Code §1001.273, the board or NCEES will provide a written analysis furnished by the NCEES to anyone who has failed either the examination on the fundamentals of surveying or the examination on the principles and practice of surveying.(d) Once the board or NCEES has provided a written analysis of an examination, no further review or re-grading shall be available for the examination except as provided by NCEES policy and procedures.", "sourceNote": "Source Note: The provisions of this §134.73 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective September 5, 2023, 48 TexReg 4858." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202480&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202480", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "G", "label": "EXAMINATIONS" }, "rule": { "number": "§134.75", "label": "Examination Irregularities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213112", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The examinations will be administered in accordance with the NCEES or the board policies and procedures. An examinee who does not abide by the NCEES or the board policies and procedures will be subject to dismissal from the remainder of the examination. Cheating on examinations will not be tolerated. Examination proctors who observe that an examinee is giving assistance to or receiving assistance from another person, compromising the integrity of the examination, or participating in any other form of cheating or violation of exam policies or procedures during an examination may require the examinee to surrender all examination materials. The examinee involved may be required to leave the room and may not be permitted to return. Evidence of cheating found after the examination shall also be a cause for action. The executive director shall be informed of such instances of suspected cheating at the earliest possible opportunity and will determine appropriate action.(b) If the executive director determines that sufficient evidence exists of an examination irregularity related to an examinee, an examinee has knowingly violated NCEES or the board policies and procedures, or an examinee cheated, the examinee may have his or her exam results invalidated, and may be barred from taking any examination in Texas for a period of up to two years. Any application for licensure pending or approved for examination may be denied and will be evaluated or re-evaluated on that basis. Any examination taken and passed while barred from taking an examination in Texas will not be acceptable for licensure purposes in Texas.(c) A registered professional land surveyor or licensed state land surveyor suspected of cheating may be charged with violating Texas Occupations Code §1001.452 and applicable board rules.", "sourceNote": "Source Note: The provisions of this §134.75 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213112", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.81", "label": "Receipt of Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213113", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receipt of an application for registration and application fee at the board office, the board shall initiate a review of the credentials submitted.(b) Once an application and fee is received by the board, no refunds will be granted. By submitting an application and fee, the applicant attests that he or she has reviewed the education, experience, reference, and examination requirements for registration as prescribed in this chapter and that he or she is qualified for a registration based on these requirements.(c) Once an application has entered the review process as described in §134.83 of this chapter (relating to Processing, Review, and Evaluation of Applications), the executive director may determine that the application has been so altered by the addition of supplemental information that the description of the applicant's qualifications has been substantially revised. If the executive director determines that an application is substantially revised, the application will be treated as a new application and reviewed under the rules in place on the date of the determination. The executive director will provide an applicant with written notice if an application is determined to be substantially revised. If the applicant disagrees with a determination by the Executive Director, the applicant may make an appeal to the Licensing Committee.(d) Once an application has been reviewed and before a registration has been issued or denied, the board will not accept a new or amended application from the applicant. This does not prohibit the executive director, a board member, or the board from requesting, when they deem necessary, additional information from an applicant regarding his or her application.(e) In the event that information bearing on the suitability of an applicant is discovered after submission of an application but prior to issuance of a registration, the board may rescind or alter any previous decision, or hold the application in abeyance, or may deny an application until the suitability of the applicant is adequately established.(f) An applicant may request an application to be withdrawn from consideration provided that the application has not been approved for registration subject to passage of an examination. All requests for withdrawal must be submitted to the board in writing.(g) An applicant may only have one pending application on file with the board at any time.(h) Pursuant to Chapter 55, Texas Occupations Code, an application for registration from a military service member, military veteran or military spouse shall be processed and reviewed as soon as practicable in accordance with subsection (a) of this section. All other applications will be processed in the order they were received.(i) All information on an application must be filled out completely and accurately and attested to as complete and accurate by the applicant. Information submitted inaccurately, fraudulently, or deceitfully may result in action by the board up to and including denial of the application.", "sourceNote": "Source Note: The provisions of this §134.81 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective March 23, 2023, 48 TexReg 1562." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213113", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.83", "label": "Processing, Review, and Evaluation of Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213114", "queryAsDate": "03/11/2026" }, "ruleBody": "All references to the executive director in this section shall allow for the delegation of authority by the executive director to other staff members. An application for licensure shall be handled in the following manner and order:(1) The application is received at the board office.(2) The executive director shall review the application for completeness.(3) The executive director shall:(A) accept the application as administratively complete and ready for technical evaluation; or(B) acknowledge receipt of the application, notify the applicant at the earliest possible time of deficiencies with the application, and give the applicant 60 calendar days to correct deficiencies. If requested by the applicant, the executive director may grant the applicant an additional 30 calendar day period to submit any information identified as necessary to complete the application. If the applicant does not submit the necessary documents or correct deficiencies in the time the board requires, the application shall be administratively withdrawn in accordance with §134.89 of this chapter (relating to Administratively Withdrawn Applications).(4) Once an application is administratively complete, the executive director shall perform a technical review and evaluate the qualifications found in the application.(5) The executive director may approve the application if:(A) all administrative and technical requirements have been met according to the appropriate application type as set out in Subchapter C of this chapter (relating to Land Surveyor Application Requirements);(B) all experience required for licensure is acceptable per Subchapter E of this chapter (relating to Experience);(C) all references meet the requirements of Subchapter F of this chapter (relating to Reference Documentation) and are considered by the agency staff to be favorable; and(D) the application does not require further review under the criminal history background check requirements of §140.3 of this title (relating to Criminal History and Convictions - Surveyors.)(6) During the technical review of the application, the Executive Director may request additional information or require additional documentation to clarify an application and ensure eligibility as needed.(7) The executive director may deny an application for licensure if the applicant does not:(A) submit the minimum number of years of experience to qualify for registration;(B) have an education acceptable to the board as prescribed in §134.31 of this chapter (relating to Educational Requirement for Applicants); or(C) pass an examination within the time allotted.(8) An applicant whose application has been denied by the executive director under this section shall have 20 calendar days from the date of the denial within which to request a reconsideration and provide additional information to address the deficiencies as set in §134.91 of this chapter (relating to Reconsideration of Denied Applications).(9) An application for registration that is not approved or denied by the executive director pursuant to paragraphs (5) or (7) of this section shall be subject to the procedure set out in §134.85 of this chapter (relating to Additional Review of and Action on Applications) and §134.87 of this chapter (relating to Final Action on Applications).", "sourceNote": "Source Note: The provisions of this §134.83 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective March 23, 2023, 48 TexReg 1562." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213114", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.85", "label": "Additional Review of and Action on Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227268", "queryAsDate": "03/11/2026" }, "ruleBody": "An application that is not approved or denied per §134.83 of this chapter (related to Processing, Review, and Evaluation of Applications) shall be subject to the following process to determine eligibility for registration.(1) The executive director will identify the deficiency in the application that prohibits approval as set out in §134.83(5) of this chapter and will draft a Corrective Action Plan (CAP) based on the table in §134.101 of this chapter (relating to Proposed Actions on Applications). The executive director may refer the application and draft CAP to the Licensing Committee for its consideration, before sending the CAP to the applicant, if deemed necessary.(2) The executive director will present the applicant with the CAP in writing. The applicant will have 15 days to respond in writing to the CAP. The applicant shall:(A) accept the terms of the proposed CAP in writing; or(B) request a personal interview with the Licensing Committee as set out in §134.93 of this chapter (relating to Personal Interviews of Applicants).(3) If the applicant accepts the proposed CAP the applicant will be required to successfully complete all conditions of the Recommendation for CAP prior to approval of the application.(4) Criminal History Deficiency. If the executive director determines the deficiency relates to a violation of the criminal history background check requirements as set out in §140.3 of this title (relating to Criminal History and Convictions - Surveyors), the executive director shall refer the application to the Licensing Committee for personal interview without first offering the applicant a proposed CAP.", "sourceNote": "Source Note: The provisions of this §134.85 adopted to be effective March 23, 2023, 48 TexReg 1562." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227268", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.87", "label": "Final Action on Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213116", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon approval of an application by the executive director, the successful completion of the requirements of a Corrective Action Plan (CAP), or the successful completion of the requirements of the Licensing Committee and full board in a manner provided in this subchapter, the executive director shall:(1) issue a registration subject to the applicant's taking and passing the examination on the principles and practice of surveying according to §134.66 of this chapter (relating to Examination on the Principles and Practice of Surveying) and the TSSE according to §134.67 of this chapter (relating to the Texas Specific Surveying Examination); or(2) issue a registration to an applicant who has passed the examination on the principles and practice of surveying and the TSSE; and(3) report all approved applications to the Board.(b) The board will consider applications presented to it and recommendations it receives from the Licensing Committee.(c) The executive director shall advise the applicant in writing of any decision of the executive director, the Licensing Committee, or the board, as applicable, within 20 days of the decision.(d) An applicant whose application has been denied by the Board based on criminal conviction shall have 20 days from the date of the denial within which to request in writing a hearing at the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §134.87 adopted to be\r\neffective December 30, 2020, 45 TexReg 9513; amended to be effective\r\nMarch 23, 2023, 48 TexReg 1562; amended to be effective January 7,\r\n2026, 51 TexReg 136." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213116", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.89", "label": "Administratively Withdrawn Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application may be placed in Administratively Withdrawn status per §134.83 of this chapter (relating to Processing, Review, and Evaluation of Applications.(b) To reactivate an administratively withdrawn application, the applicant, no later than six months after the application is placed in Administratively Withdrawn status, must submit:(1) a reactivation fee as established by the board;(2) a new application form complete and with signatures;(3) updated supplementary experience records for the time period since the original application was first submitted; and(4) documentation of submittal of fingerprints for criminal history record check as required by Texas Occupations Code §1001.272, unless previously submitted to the board.(c) An application that has been placed in Administratively Withdrawn status will be deemed to have been withdrawn by the applicant six months after it enters that status unless, before the six-month period expires, the applicant corrects all deficiencies and submits all necessary documentation to make the application complete and ready for technical review.(d) An application that is deemed to have been withdrawn by the applicant per subsection (c) of this section cannot be reactivated. To be considered for a registration, an applicant will be required to submit a new application.(e) Applications that have been deemed to have been withdrawn by the applicant will be reported to the Board.", "sourceNote": "Source Note: The provisions of this §134.89 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective March 23, 2023, 48 TexReg 1562." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202485", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.91", "label": "Reconsideration of Denied Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reconsideration is not available to persons whose application is denied because of the failure to pass the examination on the principles and practice of surveying.(b) If the application is denied because of the merits of the application, the completeness or incompleteness of the application, the failure to demonstrate an acceptable education, or the failure to claim the required creditable experience, then the applicant may initiate a request that the application be reconsidered provided:(1) the request is in writing;(2) the request includes additional information bearing on the deficiency of the original application;(3) the request is received at the board office by the close of business on or before the 60th calendar day from the date of the letter notifying the applicant of denial; and(4) no previous reconsideration has been given during this application.(c) If a valid request for reconsideration is received, the application shall repeat the process of application review. Applicants whose applications or requests for an examination waiver are denied under reconsideration may request a personal interview.", "sourceNote": "Source Note: The provisions of this §134.91 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202486", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.93", "label": "Personal Interviews of Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202487", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A personal interview with the Licensing and Registration Committee of the board may be scheduled by the executive director to:(1) obtain additional information or clarify submitted information as requested by the board; or(2) reconsider a denied application resulting from §134.91 of this chapter (relating to Reconsideration of Denied Applications) at the applicant's request, provided that a written request has been submitted and received at the board's office by the close of business on or before the 60th calendar day from the date of the notification of denial.(b) The personal interview is not to be construed as a hearing, but is held to obtain additional information in support of an application.(c) The executive director may excuse and reschedule an applicant for a personal interview for cause. The executive director may also withdraw an invitation or permission for a personal interview including a previous failure to appear.(d) The Licensing and Registration Committee or the board's designated representative shall make recommendations to the full board at the next available board meeting to approve or deny an application.(e) The Licensing and Registration Committee may request additional information or require additional documentation to clarify an application and ensure eligibility.(f) Another personal interview with the full board may be scheduled with a written request in accordance with subsection (a)(2) of this section. This interview with the full board shall constitute the last administrative appeal available to the applicant.", "sourceNote": "Source Note: The provisions of this §134.93 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202487", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.95", "label": "Application Files" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213117", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Images of applications that have been through the complete administrative process for approval or denial shall be stored digitally and/or microfilmed.(b) One copy of the records shall be kept in the board office file and one copy shall be kept in the permanent State Archive file.(c) All documents incidental to the complete application may be retained at the discretion of the board.", "sourceNote": "Source Note: The provisions of this §134.95 adopted to be effective December 30, 2020, 45 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213117", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.97", "label": "Issuance of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214985", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registration as a registered professional land surveyor shall be issued upon the approval of the application pursuant to §134.87 of this chapter (relating to Final Action on Applications).(b) The new registration holder shall be assigned a serial number issued consecutively in the order of approval.(c) The executive director shall notify the new registration holder in writing of:(1) the registration issuance;(2) the registration serial number; and(3) the instructions to obtain a seal.(d) Within 60 days from the written notice from the executive director of registration issuance, the new registration holder shall obtain a seal(s) that is consistent with the Board-authorized design in §138.31 of this title (relating to Seal Specifications).(e) Failure to comply with subsection (d) of this section is a violation of board rules and may be subject to sanctions.(f) The printed registration certificate shall bear the signature of the chair and the secretary of the board, bear the seal of the board, and bear the full name and registration number of the registration holder.(g) The printed registration certificate shall be uniform and of a design approved by the board. Any new designs for a printed registration certificate shall be made available to all registration holders upon request.", "sourceNote": "Source Note: The provisions of this §134.97 adopted to be effective December 30, 2020, 45 TexReg 9513; amended to be effective July 3, 2022, 47 TexReg 3685; amended to be effective March 23, 2023, 48 TexReg 1562." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214985", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "134", "label": "LICENSING, REGISTRATION, AND CERTIFICATION FOR SURVEYORS" }, "subchapter": { "number": "H", "label": "REVIEW PROCESS OF APPLICATIONS AND REGISTRATION ISSUANCE" }, "rule": { "number": "§134.101", "label": "Proposed Actions on Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227269", "queryAsDate": "03/11/2026" }, "ruleBody": "The following is a table of suggested actions the board may impose against applicants for specific circumstances related to an application. The action may be less than or greater than the suggested actions shown in the following table.Attached Graphic", "sourceNote": "Source Note: The provisions of this §134.101 adopted to be effective March 23, 2023, 48 TexReg 1562; amended to be effective September 3, 2023, 48 TexReg 4857." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227269", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "135", "label": "ENGINEERING FIRM REGISTRATION" }, "rule": { "number": "§135.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209317", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall receive, evaluate, and process all applications for a certificate of registration issued under the authority of the Texas Engineering Practice Act (Act). Applications for the certificate of registration shall be accepted from all firms offering to engage or engaging in the practice of professional engineering for the public in Texas. For the purposes of this section, the term \"public\" includes but is not limited to political subdivisions of the state, business entities, and individuals. The board has the authority under the Act to issue a certificate of registration to applicants that, subsequent to review and evaluation, are found to have met all requirements of the Act and board rules. The board has the authority under the Act to deny a certificate of registration to any applicant found not to have met all requirements of the Act and board rules.", "sourceNote": "Source Note: The provisions of this §135.1 adopted to be\r\neffective May 20, 2004, 29 TexReg 4878; amended to be effective January\r\n7, 2026, 51 TexReg 136." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209317", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "135", "label": "ENGINEERING FIRM REGISTRATION" }, "rule": { "number": "§135.3", "label": "Application for a Certificate of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128375", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may issue a certificate of registration only to applicant firms that have submitted sufficient information to meet the requirements set forth in §1001.405 of the Act and this section.(b) The authorized official of the firm shall complete the form furnished by the board including but not limited to the following information listed in paragraphs (1) - (7) of this subsection:(1) the name, address, and communication number of the firm offering to engage or engaging in the practice of professional engineering for the public in Texas;(2) the name, position, address, and telephone numbers of each officer or director;(3) the name, address, and current active Texas professional engineer license number of each engineer employee performing engineering for the public in Texas on behalf of the firm;(4) the name, location, telephone numbers and the name of the engineer in responsible charge of the professional engineering work for projects in Texas of each subsidiary or branch office offering to engage or engaging in the practice of professional engineering for the public in Texas, if any;(5) the federal employer identification number (EIN) for the firm (unless the firm is a sole practitioner);(6) a signed statement attesting to the correctness and completeness of the application; and(7) a registration fee as established by the board.(c) The application fee will not be refunded.(d) In accordance with §1001.405(a) of the Engineering Act, a governmental entity, as defined in Government Code §2254.002(1), including a state agency as defined in Government Code §2052.002(e), is not subject to the firm registration requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §135.3 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective January 1, 2006, 30 TexReg 8686; amended to be effective December 10, 2006, 31 TexReg 9832; amended to be effective July 3, 2022, 47 TexReg 3686." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128375&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128375", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "135", "label": "ENGINEERING FIRM REGISTRATION" }, "rule": { "number": "§135.5", "label": "Renewal and Good Standing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227270", "queryAsDate": "03/11/2026" }, "ruleBody": "To maintain a certificate of registration in good standing, a firm shall abide by the compliance rules as prescribed in Chapter 137, Subchapter D of this title (relating to Firm and Governmental Entity Compliance).", "sourceNote": "Source Note: The provisions of this §135.5 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective December 10, 2006, 31 TexReg 9832." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227270", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "136", "label": "SURVEYING FIRM REGISTRATION" }, "rule": { "number": "§136.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209321", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall receive, evaluate, and process all applications for a firm registration issued under the authority of the Surveying Act. Applications for firm registration shall be accepted from all firms offering to engage or engaging in the practice of professional land surveying for the public in Texas. For the purposes of this section, the term \"public\" includes but is not limited to political subdivisions of the state, business entities, and individuals. The board has the authority under the Surveying Act to issue a firm registration to applicants that, subsequent to review and evaluation, are found to have met all requirements of the Surveying Act and board rules. The board has the authority under the Surveying Act to deny a firm registration to any applicant found not to have met all requirements of the Surveying Act and board rules.", "sourceNote": "Source Note: The provisions of this §136.1 adopted to be\r\neffective December 30, 2020, 45 TexReg 9518; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 137." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209321", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "136", "label": "SURVEYING FIRM REGISTRATION" }, "rule": { "number": "§136.3", "label": "Application for a Certificate of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202491", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may issue a firm registration only to applicant firms that have submitted information to meet the requirements set forth in §1071.352 of the Surveying Act and this section.(b) The authorized official of the firm shall complete the form furnished by the board including, but not limited to, the following information listed in paragraphs (1) - (7) of this subsection:(1) the name, address, and telephone number of the firm offering to engage or engaging in the practice of professional land surveying for the public in Texas;(2) the name, position, address, and telephone numbers of each officer or director;(3) the name, address, and current active Texas registered professional land surveyor registration number of each land surveyor employee performing land surveying for the public in Texas on behalf of the firm;(4) the name, location, telephone numbers and the name of the surveyor in responsible charge of the professional surveying work for projects in Texas of each subsidiary or branch office offering to engage or engaging in the practice of professional surveying for the public in Texas, if any;(5) the federal employer identification number (EIN) for the firm;(6) a signed statement attesting to the correctness and completeness of the application; and(7) a registration fee as established by the board.(c) The application fee will not be refunded.(d) In accordance with §1071.351(a) of the Surveying Act, a governmental entity, as defined in Government Code §2254.002(1), including a state agency, as defined in Government Code §2052.002(e), is not subject to the firm registration requirements of this chapter.", "sourceNote": "Source Note: The provisions of this §136.3 adopted to be effective December 30, 2020, 45 TexReg 9518; amended to be effective July 3, 2022, 47 TexReg 3686." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202491", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "136", "label": "SURVEYING FIRM REGISTRATION" }, "rule": { "number": "§136.5", "label": "Renewal and Good Standing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209322", "queryAsDate": "03/11/2026" }, "ruleBody": "To maintain a certificate of registration in good standing, a firm shall abide by the compliance rules as prescribed in Chapter 138, Subchapter D of this title (relating to Firm and Governmental Entity Compliance).", "sourceNote": "Source Note: The provisions of this §136.5 adopted to be effective December 30, 2020, 45 TexReg 9518." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209322", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.1", "label": "License Holder Designations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139154", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §1001.301 of the Act, a license holder may use the following terms when representing himself or herself to the public:(1) \"engineer\",(2) \"professional engineer\",(3) \"licensed engineer\",(4) \"registered engineer\",(5) \"licensed professional engineer\",(6) \"registered professional engineer\",(7) \"engineered,\" or(8) any variation or abbreviation of the terms listed in paragraphs (1) - (7) of this subsection.(b) Certificates, seals, and other official documentation showing earlier terminology shall be considered valid for all purposes.(c) License holders who have placed their license in an inactive status pursuant to §137.13 of this chapter (relating to Inactive Status) may use the terms in subsection (a) of this section but must include the term \"inactive\" or \"retired\" in conjunction with the designation.", "sourceNote": "Source Note: The provisions of this §137.1 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective December 21, 2008, 33 TexReg 10172; amended to be effective July 3, 2022, 47 TexReg 3687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139154", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.3", "label": "Other Use of Term \"Engineer\"" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181490", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may not use the name, title, or words that convey to the public that a person is offering to perform engineering services to the public unless licensed under the requirements of the Act. The Act allows for the use or variation of the term \"engineer\" in a limited manner as summarized in this section.(1) Pursuant to §1001.004(e)(1) of the Act, a person may use the term \"engineer\" or variation of the term to identify the name and trade in affiliation with an engineers' labor organization.(2) Pursuant to §1001.055(b)(2) of the Act, a person who installs, operates, repairs or services any equipment or apparatus as listed in the statute may not use the term \"engineer\" unless authorized by another provision in the Act.(3) Pursuant to §1001.061(b)(2) of the Act, a person employed by an operating telephone company or an affiliate of an operating telephone company engaged strictly in the art and science of telephony may use the term \"engineer\" in the person's job title or personnel classification if the person does not offer engineering services to the public and if the designation does not imply that the person is licensed under the Act.(4) Pursuant to §1001.062(b) of the Act, a person who is a regular full-time employee of a private business entity that implements the design or specification sealed by an engineer licensed under the Act may use the term \"engineer\" in the person's job title or personnel classification if the person does not use the designation in conjunction with an offer to perform engineering services for the public.(5) Pursuant to §1001.066(2) of the Act, a person employed by a business entity whose products or services consist of space vehicles, services or technology required by the National Aeronautical and Space Administration (NASA) may use the terms \"engineer\" or \"engineering\" in the person's job title or personnel classification if the person only uses the designation in association with the products and services related to NASA.(6) Pursuant to §1001.301(f) of the Act, a person who is a regular employee of a business entity that is engaged in engineering activities but exempt from the licensure requirements under §1001.057 or §1001.058 of the Act may use the term \"engineer\" on business cards and forms of correspondence made available to the public providing the person does not:(A) offer to perform engineering services to the public;(B) use the designation outside the scope of §1001.057 or §1001.058 to convey the ability or willingness to perform engineering services or make an engineering judgment requiring a licensed professional engineer.(7) Pursuant to §1001.406(a)(2) of the Act, a person who has an undergraduate or graduate degree from an engineering program accredited by ABET may use the term \"graduate engineer\" on the person's business cards and in any forms of correspondence or personal communication.(8) Pursuant to §1001.406(b) of the Act, a person who has an undergraduate or graduate degree from an engineering program accredited by ABET and who is employed by a firm registered pursuant to Chapter 135 of this title and under the direct supervision of a licensed professional engineer may use the term \"engineer\" on the person's business cards and in any forms of correspondence or personal communication.", "sourceNote": "Source Note: The provisions of this §137.3 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective December 21, 2008, 33 TexReg 10172." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181490", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.5", "label": "License Holder Notification Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each license holder shall notify the board in writing not later than 30 days after a change in the person's legal name, personal mailing address, or employment status.(b) A notice informing the board of a change in employment status shall include, as applicable, the:(1) full legal trade or business name of the association or employment;(2) physical location and mailing address of the business;(3) telephone number of the business office;(4) type of business (corporation, assumed name, partnership, or self-employment through use of own name);(5) legal relationship and position of responsibility within the business; and(6) effective date of this change.(c) Each license holder shall notify the board in writing not later than 30 days after a misdemeanor or felony criminal conviction, or any sanction is imposed against a licensee by another state's engineering licensing board.", "sourceNote": "Source Note: The provisions of this §137.5 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective September 8, 2005, 30 TexReg 5364; amended to be effective December 21, 2008, 33 TexReg 10172; amended to be effective September 13, 2011, 36 TexReg 5842; amended to be effective June 13, 2013, 38 TexReg 3787; amended to be effective December 11, 2016, 41 TexReg 9705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227271", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.7", "label": "License Expiration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227272", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §1001.351 of the Act, the license holder must renew the license every two years to continue to practice engineering under the provisions of the Act. If the license renewal requirements are not met by the expiration date of the license, the license shall expire and the license holder shall not engage in engineering activities that require a license until the renewal requirements have been met.(b) Pursuant to §1001.275 of the Act, the board will mail a renewal notice to the last recorded address of each license holder at least 30 days prior to the date a person's license is to expire. Regardless of whether the renewal notice is received, the license holder has the sole responsibility to pay the required renewal fee together with any applicable late fees at the time of payment.(c) A license holder may renew a license by submitting:(1) the required renewal fee. Payment may be made by personal, company, or other checks drawn on a United States bank (money order or cashier's check), or by electronic means, payable in United States currency; and(2) the continuing education program documentation as required in §137.17 of this chapter (relating to Continuing Education Program) to the board prior to the expiration date of the license. (d) Licenses shall expire on the date assigned by the board and as specified in the board's records. The renewal date will be specified on the applicable renewal form.(e) A temporary license applied for in accordance with §133.27 of this title (regarding Application for Temporary License for Engineers Currently Licensed Outside the United States) may only be renewed twice annually for a total duration of three years, after which the former license holder may apply for a standard license as provided in the current Act and applicable board rules.(f) A license holder who, at the time of his or her renewal, has any unpaid administrative penalty owed to the Board or who has failed to comply with any term or condition of a Consent Order, Agreed Board Order, or a Final Board Order shall not be allowed to renew his or her license to practice engineering until such time as the administrative penalty is paid in full or the term or condition is satisfied unless otherwise authorized by the Consent Order, Agreed Board Order, or a Final Board Order.", "sourceNote": "Source Note: The provisions of this §137.7 adopted to be\r\neffective May 20, 2004, 29 TexReg 4878; amended to be effective November\r\n8, 2004, 29 TexReg 10265; amended to be effective January 1, 2006,\r\n30 TexReg 8686; amended to be effective December 21, 2008, 33 TexReg\r\n10173; amended to be effective December 25, 2012, 37 TexReg 9933;\r\namended to be effective December 17, 2013, 38 TexReg 9045; amended\r\nto be effective December 14, 2015, 40 TexReg 8889; amended to be effective\r\nMarch 15, 2018, 43 TexReg 1440; amended to be effective September\r\n30, 2020, 45 TexReg 6769; amended to be effective January 7, 2026, 51\r\nTexReg 137." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227272", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.9", "label": "Renewal for Expired License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209323", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder may renew a license that has expired for 90 days or less by submitting to the board the required renewal fee, a late renewal fee, and the continuing education program documentation as required in §137.17 of this chapter.(b) A license holder may renew a license that has expired for more than 90 days but less than one year by submitting to the board the required renewal fee, a late renewal fee, and the continuing education program documentation as required in §137.17 of this chapter (relating to Continuing Education Program).(c) A license holder may renew a license that has expired for more than one year but less than two years by submitting to the board the required renewal fee, a late renewal fee, and the continuing education program documentation as required in §137.17 of this chapter for each delinquent year or part of a year.(d) A license which has been expired for two years may not be renewed, but the former license holder may apply for a new license as provided in the current Act and applicable board rules. Military service members, as defined in Texas Occupations Code, §55.001(4), may be granted up to two years of additional time to renew a license.(e) Renewal fees or late renewal fees will not be refunded unless incorrect fee was assessed through a documented procedural error by Board staff.(f) In strict accordance with the provisions of the Texas Family Code, Chapter 232, pertaining to delinquent child support, if a license holder's name has been provided by the OAG (Office of the Attorney General) as being in default of child support, the board shall not renew the license of the license holder on the renewal date following such notification. The board shall not renew or reinstate said license unless the OAG certifies the individual has satisfied the requirements of the Texas Family Code, Chapter 232.(g) Pursuant to Texas Occupations Code Chapter 55, a license holder is exempt from any penalty imposed in this section for failing to renew the license in a timely manner if the license holder provides adequate documentation, including copies of orders, to establish to the satisfaction of the board that the license holder failed to renew in a timely manner because the license holder was serving as a military service member as defined in Texas Occupations Code, §55.001(4).", "sourceNote": "Source Note: The provisions of this §137.9 adopted to be\r\neffective May 20, 2004, 29 TexReg 4878; amended to be effective January\r\n1, 2006, 30 TexReg 8687; amended to be effective December 21, 2008,\r\n33 TexReg 10173; amended to be effective September 20, 2009, 34 TexReg\r\n6322; amended to be effective September 13, 2011, 36 TexReg 5842;\r\namended to be effective December 14, 2015, 40 TexReg 8889; amended\r\nto be effective September 30, 2020, 45 TexReg 6769; amended to be\r\neffective January 7, 2026, 51 TexReg 137." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209323", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.12", "label": "Suspended License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227273", "queryAsDate": "03/11/2026" }, "ruleBody": "Offering or performing engineering services to the public while a license is suspended is a violation of board rules and is subject to disciplinary action by the board.", "sourceNote": "Source Note: The provisions of this §137.11 adopted to be effective July 3, 2022, 47 TexReg 3687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227273", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.13", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209324", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder may request in writing to change the status of the license to \"inactive\" at any time. A license holder whose license is inactive may not practice engineering. A license holder who has requested inactive status shall not receive any refunds for licensing fees previously paid to the board.(b) A license holder whose license is inactive must pay an inactive renewal fee as established by the board at the time of the license renewal. If the inactive renewal fee is not paid by the date a person's license is to expire, the inactive renewal fee for the expired license shall be increased in the same manner as for an active license renewal fee.(c) A license holder whose license is inactive is not required to:(1) comply with the continuing education requirements adopted by the board; or(2) take an examination for reinstatement to active status.(d) To return to active status, a license holder whose license is inactive must:(1) submit a request in writing for reinstatement to active status;(2) pay the fee for renewal, as applicable;(3) provide documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board; and(4) comply with the continuing education program requirements for inactive license holders returning to practice as prescribed in §137.17(o) of this chapter (relating to Continuing Education Program).(e) A license holder may claim inactive status and return to active only once during the renewal period determined by the renewal schedule of the license. If a license holder claims inactive status and returns to active status during the same renewal period, the license holder shall comply with the full continuing education program requirements for that renewal period.(f) A license holder claiming inactive status may use any term allowed for an active license holder followed by the term \"Inactive\" or \"Retired\" on business cards, stationary and other forms of correspondence. Failure to note inactive status in this manner is a violation of the Act and board rules and is subject to disciplinary action by the board.(g) A license holder on inactive status may provide a reference statement for an applicant for licensure.(h) Offering or performing engineering services to the public while the license is inactive is a violation of the inactive status and is subject to disciplinary action by the board.", "sourceNote": "Source Note: The provisions of this §137.13 adopted to be\r\neffective May 20, 2004, 29 TexReg 4878; amended to be effective June\r\n26, 2005, 30 TexReg 3586; amended to be effective March 20, 2006,\r\n31 TexReg 2157; amended to be effective September 10, 2007, 32 TexReg\r\n6152; amended to be effective July 20, 2008, 33 TexReg 5526; amended\r\nto be effective December 21, 2008, 33 TexReg 10173; amended to be\r\neffective December 17, 2013, 38 TexReg 9045; amended to be effective\r\nDecember 14, 2015, 40 TexReg 8889; amended to be effective September\r\n30, 2020, 45 TexReg 6769; amended to be effective January 7, 2026, 51\r\nTexReg 137." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209324", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.14", "label": "Voluntary Surrender of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190064", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder who does not wish to maintain a license, the legal guardian of the license holder, or other legal representative of the license holder may voluntarily surrender the license by submitting a request in writing provided that the license holder:(1) is in good standing, and(2) does not have an enforcement case pending before the board, other than cases alleging a violation of §137.5 (relating to License Holder Notification Requirements) and §137.17 (relating to Continuing Education) of this title.(b) A license that has been voluntarily surrendered may not be renewed. A license holder who has voluntarily surrendered a license may apply for a new license.", "sourceNote": "Source Note: The provisions of this §137.14 adopted to be effective January 1, 2006, 30 TexReg 8687; amended to be effective December 10, 2006, 31 TexReg 9832; amended to be effective December 21, 2008, 33 TexReg 10174; amended to be effective July 3, 2022, 47 TexReg 3687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190064", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.15", "label": "Replacement of Printed Licenses or Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227274", "queryAsDate": "03/11/2026" }, "ruleBody": "Each license holder will be issued a printed license or certificate. A license holder may obtain a new printed license or certificate to replace any license or certificate lost, destroyed, or mutilated or obtain a certificate in a new design by submitting a request in a format prescribed by the Board. Replacement licenses or certificates will reflect the original serial number of the license or certificate.", "sourceNote": "Source Note: The provisions of this §137.15 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective March 15, 2018, 43 TexReg 1440." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227274", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND ENGINEER COMPLIANCE" }, "rule": { "number": "§137.17", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209327", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each license holder shall meet the Continuing Education Program (CEP) requirements for professional development as a condition for license renewal.(b) Terms used in this section are defined as follows:(1) Professional Development Hour (PDH)--A contact hour (clock hour) of CEP activity. PDH is the basic unit for CEP reporting. (2) Continuing Education Unit (CEU)--Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 hours of class in an approved continuing education course.(3) College/Unit Semester/Quarter Hour--Credit for course in ABET-approved program or other related college course.(4) Course/Activity--Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the license holder's field of practice.(5) Self-directed study--Time spent engaging in professional development that is not otherwise identified in this rule. (Examples include, but are not limited to: reading/reviewing trade magazines, books or the Texas Engineering Practice Act and Board Rules; watching tutorials; and viewing other online content.)(c) Every license holder is required to obtain 30 PDH units during the renewal period.(d) A minimum of 2 PDH units per renewal period must be in the area of professional ethics, roles and responsibilities of professional engineering, or review of the Texas Engineering Practice Act and Board Rules. (e) A license holder may not carry forward PDH units into the subsequent renewal period.(f) PDH units may be earned as follows:(1) Successful completion or auditing of college credit courses.(2) Successful completion of continuing education courses, either offered by a professional or trade organization, university or college, or offered in-house by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.(3) Successful completion of correspondence, online, televised, videotaped, and other short courses/tutorials.(4) Attendance of seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences sponsored by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.(5) Teaching, presenting, or instructing any of the activities listed in paragraphs (1) through (4) of this subsection.(6) Authoring published papers, articles, books, or accepted licensing examination items.(7) Active participation in the leadership or committee activities of professional or technical societies, associations, agencies, or organizations that involve the engineering profession, through:(A) Serving as an elected or appointed official;(B) Serving on a committee of the organization;(C) Serving in other official positions.(8) U.S. patents issued.(9) Engaging in self-directed study.(10) Active participation in formal, organized educational outreach activities in coordination with a school or organization, including activities that build awareness or skills regarding engineering, that involve K-12 or higher education students.(11) A passing score on the NCEES Principles and Practice of Engineering examination in accordance with §133.71 of this title (relating to Examination For Record Purposes).(g) To receive PDH units, all activities described in subsection (f) of this section must be relevant to the practice of engineering and may include educational, technical, ethical, or managerial content.(h) The conversion of other units of credit to PDH units is as follows:(1) 1 College or unit semester hour--15 PDH.(2) 1 College or unit quarter hour--10 PDH.(3) 1 Continuing Education Unit--10 PDH.(4) 1 Hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences--1 PDH.(5) 1 Hour of professional development through self-directed study--1 PDH (Not to exceed 10 PDH per renewal period).(6) Each published paper, article, or book on a topic related to the practice of engineering --10 PDH.(7) Active participation in the leadership or committee activities of a professional or technical society, association, agency, or organization that involves the engineering profession--1 PDH (Not to exceed 5 PDH per organization per calendar year and a maximum of 10 PDH per renewal period).(8) Active participation in formal, organized educational outreach activities--1 PDH (Not to exceed 6 PDH per renewal period).(9) Each U.S. patent issued--15 PDH.(10) Other activities shall be credited at 1 PDH for each hour of participation in the activity.(11) A passing score on the NCEES Principles and Practice of Engineering examination in accordance with §133.71 of this title -- 14 PDH.(i) Determination of Credit.(1) The board shall be the final authority with respect to whether a course or activity meets the requirements of these rules.(2) The board shall not pre-approve or endorse any CEP activities. It is the responsibility of each license holder to assure that all PDH credits claimed meet CEP requirements.(3) Credit for college or community college approved courses will be based upon course credit established by the college.(4) Credit for seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.(5) Credit for self-directed study will be based on one PDH unit for each hour of study and is not to exceed 10 PDH per renewal period. Credit determination for self-directed study is the responsibility of the license holder and subject to review as required by the board.(6) Credit determination for activities described in subsection (h)(4) of this section is the responsibility of the license holder and subject to review as required by the board.(7) Credit for activity described in subsection (h)(7) of this section requires that a license holder serve as an officer of the organization, actively participate in a committee of the organization, or serve in other official positions. 1 PDH credit is earned for each hour of active participation.(8) Credit for teaching, instructing, or presenting each unique course or seminar may only be earned once per renewal period.(j) The license holder is responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to:(1) information on the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned; and(2) documentation to verify attendance in the form of completion certificates, agendas, conference flyers or other documents supporting evidence of attendance.(k) In accordance with §137.7(c) of this Chapter, relating to License Expiration and Renewal, the license holder must certify that CEP requirements have been satisfied for that renewal period. If the CEP requirements have not been met, the license holder shall wait to renew the license until such time that they have been met or the license holder shall change the license to inactive status in accordance with §137.13, relating to Inactive Status.(l) CEP records for each license holder must be maintained for a period of four years by the license holder.(m) CEP records for each license holder are subject to audit by the board or its authorized representative.(1) Copies must be furnished, if requested, to the board or its authorized representative for audit verification purposes.(2) If upon auditing a license holder, the board finds that the activities cited do not fall within the bounds of educational, technical, ethical, or professional management activities related to the practice of engineering; the board may require the license holder to acquire additional PDH as needed to fulfill the minimum CEP requirements.(n) A license holder may be exempt from the professional development educational requirements for one of the following reasons listed in paragraphs (1) - (4) of this subsection:(1) License holders shall be exempt prior to their first renewal.(2) A license holder serving on active duty and deployed outside the United States, its possessions and territories, in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a given year of the renewal period shall be exempt from obtaining 15 hours of professional development hours during that year. A licensee may be eligible for an exemption for each year of the renewal period. If selected for a CEP audit, a license holder claiming an exemption by reason of serving on active duty and deployed outside the United States, its possessions and territories, shall submit supporting documentation to demonstrate the license holder's eligibility for this exemption.(3) License holders experiencing disability, illness, or other clearly extenuating circumstances that prevented the licensee's ability to work during a substantial period of either or both years of the renewal period may qualify for a partial or full exemption from the continuing education requirements for the renewal period.(A) If the disability, illness, or other extenuating circumstances only occurred during one year of the renewal period, an exemption of up to 15 hours may be claimed. If the disability, illness, or other extenuating circumstances occurred during the entire renewal period, an exemption of up to 30 hours may be claimed.(B) If selected for a CEP audit, a license holder claiming an exemption by reason of disability, illness, or other clearly extenuating circumstances shall submit supporting documentation in the form of a sworn statement by the licensee, a statement from a licensed healthcare provider, or records documenting the disability, illness, or circumstances that prevented the licensee's participation in the continuing education program during a substantial period of the renewal period.(C) If the board finds from the submitted documentation that good cause has been shown for a partial or full exemption, the board may exempt the licensee from the continuing education requirement for the renewal period in question.(4) License holders who list their status as \"Inactive\" and who further certify that they are not providing professional engineering services in Texas shall be exempt from the professional development hours required.(5) Documentation to support any claimed exemption must be supplied in response to a CEP audit.(o) A license holder may bring an inactive license to active status by obtaining all delinquent PDH units and submitting copies of CEP records demonstrating compliance to the board or its authorized representative for verification purposes. If the license has been in inactive status for one year or less, the total number units of continuing education required to return to active status is 15. If the license has been in inactive status for more than one year, then 30 units of continuing education shall be required, and hours acquired must be within the two years prior to reactivation.(p) Noncompliance:(1) If a license holder does not certify that CEP requirements have been met for a renewal period, the license shall be considered expired and subject to late fees and penalties.(2) Failure to comply with CEP reporting requirements as listed in this section is a violation of board rules and shall be subject to sanctions.(3) A determination by audit that CEP requirements or exemption eligibility have been falsely reported shall be considered to be misconduct and will subject the license holder to disciplinary action.(4) If found to be noncompliant, the board may require additional audits of the license holder.", "sourceNote": "Source Note: The provisions of this §137.17 adopted\r\nto be effective May 20, 2004, 29 TexReg 4878; amended to be effective\r\nSeptember 19, 2004, 29 TexReg 8812; amended to be effective February\r\n24, 2005, 30 TexReg 847; amended to be effective January 1, 2006,\r\n30 TexReg 8687; amended to be effective December 21, 2008, 33 TexReg\r\n10174; amended to be effective September 20, 2009, 34 TexReg 6322;\r\namended to be effective September 9, 2012, 37 TexReg 6914; amended\r\nto be effective December 11, 2016, 41 TexReg 9705; amended to be effective\r\nMarch 15, 2018, 43 TexReg 1440; amended to be effective July 3, 2022,\r\n47 TexReg 3687; amended to be effective January 7, 2026, 51 TexReg 137." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209327", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "B", "label": "SEALING REQUIREMENTS" }, "rule": { "number": "§137.31", "label": "Seal Specifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209326", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon issuance of a license, each license holder is required to obtain a seal under the requirements of §133.97 of this title (relating to Issuance of License).(b) In accordance with §1001.401(a) of the Engineering Act, physical and electronic seals shall be of the Board-authorized design illustrated in this section and shall be no larger than two inches in diameter. Regardless of seal size the engineer's name and number must be clearly legible.(c) All physical seals obtained and used by license holders shall be capable of leaving a permanent ink image or permanent impression of the seal attached to the engineering work.Attached Graphic(d) All seals obtained and used by license holders shall contain any given name, commonly accepted variation of the given name, or initial combination with the surname as currently listed with the board and in the usual written signature. Nicknames shall not be permitted on a seal in lieu of a given name or initial combination. The name can be displayed on the seal using all uppercase letters such as \"LESLIE H. DOE\" or using the standard combination of upper and lowercase letters, such as \"Leslie H. Doe\". If after licensure, a license holder legally changes his/her name, the license holder must have a new seal or seals made showing the new legal name.(e) Preprinting of blank forms with an engineer's seal, or the use of decal or other seal replicas is prohibited.(f) When signing an engineering work, the engineer may utilize the designation \"P.E.\" or other terms as described in §137.1 of this chapter (relating to License Holder Designations).(g) This section does not prevent the reproduction of sealed and signed, original works for distribution.", "sourceNote": "Source Note: The provisions of this §137.31 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective April 27, 2008, 33 TexReg 3265; amended to be effective December 21, 2008, 33 TexReg 10175; amended to be effective September 20, 2009, 34 TexReg 6322; amended to be effective December 25, 2012, 37 TexReg 9933; amended to be effective December 11, 2016, 41 TexReg 9705; amended to be effective July 3, 2022, 47 TexReg 3687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209326&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209326", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "B", "label": "SEALING REQUIREMENTS" }, "rule": { "number": "§137.33", "label": "Sealing Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136212", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of the engineer's seal is to assure the user of the engineering product that the work has been performed or directly supervised by the professional engineer named and to delineate the scope of the engineer's work.(b) License holders shall only seal work done by them, performed under their direct supervision as defined in §131.2 of this title, relating to Definitions, or shall be standards or general guideline specifications that they have reviewed and selected. Upon sealing, engineers take full professional responsibility for that work.(c) When a license holder reviews and elects to use standards or general guideline specifications, those items shall be clearly labeled as such, shall bear the identity of the publishing entity, and shall be:(1) individually sealed by the license holder; or(2) specified on an integral design/title/contents sheet that bears the engineer's seal, signature, and date with a statement authorizing its use.(d) License holders shall take reasonable steps to ensure the security of their physical or electronic seals and electronic signatures. For electronic seals and electronic signatures, the engineer must have reasonable security measures in place to protect these files. In the event of loss of a seal or electronic signature, the engineer will, as soon as possible, but within 30 days of discovery, give written notification of the facts concerning the loss to board.(e) Preliminary documents released from a license holder's control shall identify the purpose of the document, the engineer(s) of record and the engineer license number(s), and the release date by placing the following text or similar wording on the title sheet of bound engineering reports, specifications, details, calculations or estimates, and each sheet of plans or drawings regardless of size or binding, instead of a seal: \"This document is released for the purpose of (Examples: interim review, mark-up, drafting) under the authority of (Example: Leslie H. Doe, P.E. 0112) on (date). It is not to be used for (Examples: construction, bidding, permit) purposes.\"(f) License holders shall affix their seal and original signature or electronic seal and signature with the date on the final version of their engineering work before such work is released from their control.(1) The signature and date shall not obscure the engineer's name or license number in the seal.(2) Engineering work required to bear a seal and signature includes the original title sheet of bound engineering reports, specifications, details, calculations or estimates, and each original sheet of plans or drawings regardless of size or binding.(3) All other engineering work, including but not limited to research reports, opinions, recommendations, evaluations, addenda, documents produced for litigation, and engineering software shall bear the engineer's printed name, date, signature and the designation \"P.E.\" or other terms as described in §137.1 of this chapter (relating to License Holder Designations). A seal may be added on such work if required or at the engineer's discretion.(g) Work performed by more than one license holder shall be sealed in a manner such that all engineering can be clearly attributed to the responsible license holder or license holders. When sealing plans or documents on which two or more license holders have worked, the seal and signature of each license holder shall be placed on the plan or document with a notation describing the work done under each license holder's responsible charge.(h) Licensed employees of the state, its political subdivisions, or other public entities are responsible for sealing their original engineering work; however, such licensed employees engaged in review and evaluation for compliance with applicable law or regulation of engineering work submitted by others, or in the preparation of general planning documents, a proposal for decision in a contested case or any similar position statement resulting from a compliance review, need not seal the review reports, planning documents, proposals for decision, or position statements.(i) A license holder, as a third party, may alter, complete, correct, revise, or add to the work of another license holder when engaged to do so by a client, provided:(1) the first license holder is notified in writing by the second license holder of the engagement immediately upon acceptance of the engagement; and(2) any work altered, completed, corrected, revised, or added to shall have a seal affixed by the second license holder. The second license holder then becomes responsible for any alterations, additions or deletions to the original design including any effect or impact of those changes on the original license holder's design.(j) A local authority may require an original seal and/or signature on reproduced documents.(k) A plan, specification, plat, or report issued by a license holder for a project to be constructed or used in this state must include the license holder's seal placed on the document. A license holder is not required to use a seal if the project is to be constructed or used in another state or country.(l) An engineer may securely transmit his or her final version of engineering work electronically provided that work bears the engineer's seal and uses one of the techniques described in §137.35(a) of this chapter (relating to Electronic Seals and Electronic Signatures) and must employ reasonable security measures to make the documents unalterable. Electronic correspondence of this type may be followed by a hard copy containing the engineer's printed name, date, signature and the designation \"P.E.\" or other terms described in §137.1 of this chapter.(m) A license holder is not required to use a seal for a project for which the license holder is not required to hold a license under an exemption set forth under the Act, Texas Occupation Code §§1001.051 - 1001.066.(n) All engineering documents released, issued, or submitted by a licensee, including preliminary documents, shall clearly indicate the firm name and registration number of the engineering firm by which the engineer is employed.(1) If the engineer is employed by a local, State, or Federal Government agency, then only the name of the agency shall be required.(2) If the engineer is exempt from sealing a document under subsection (m) of this section, but elects to seal a document, then only the name of the employer shall be required.(o) Use of a seal that is not in compliance with the requirements of §137.31 of this title (relating to Seal Specifications) by a license holder is a violation of Board rules and subject to sanctions.", "sourceNote": "Source Note: The provisions of this §137.33 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective January 1, 2006, 30 TexReg 8687; amended to be effective April 27, 2008, 33 TexReg 3266; amended to be effective December 21, 2008, 33 TexReg 10175; amended to be effective December 11, 2016, 41 TexReg 9705; amended to be effective July 3, 2022, 47 TexReg 3687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136212", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "B", "label": "SEALING REQUIREMENTS" }, "rule": { "number": "§137.35", "label": "Electronic Seals and Electronic Signatures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209328", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensed professional engineers shall maintain the security of their electronic seals and electronic signatures. The following methods are allowed:(1) Licensed professional engineers may electronically copy their original hard copy work that bears their seal, original signature, and date and transmit this work in a secure electronic format.(2) An engineer may create an electronic seal and electronic signature for use in transmitting electronically formatted engineering work, regardless of whether the work was originally in hard copy or electronic format.(b) As an alternative to electronic sealing and electronic signatures, engineers shall affix their original seals and signatures and date to their engineering work as specified in §137.33(f) of this chapter (relating to Sealing Procedures).", "sourceNote": "Source Note: The provisions of this §137.35 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective April 27, 2008, 33 TexReg 3266." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209328&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209328", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "B", "label": "SEALING REQUIREMENTS" }, "rule": { "number": "§137.37", "label": "Sealing Misconduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154054", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder is guilty of misconduct and subject to disciplinary action if the license holder:(1) knowingly signs or seals any engineering document or product if its use or implementation may endanger the health, safety, property or welfare of the public.(2) signs or affixes a seal on any document or product when the license is inactive or has been revoked, suspended, or has expired.(3) alters a sealed document without proper notification to the responsible license holder.(4) allows others access to his or her electronic files containing his or her seal and/or electronic signature, unless access is explicitly authorized for particular engineering work.(b) A person not licensed by the board shall not use, cause to be used, affix, or cause to be affixed or in any other manner, regardless of the means, attach or in any way depict an engineering seal or a representation of an engineering seal without the express permission of the currently active licensee.(c) A person shall not use, cause to be used, affix, cause to be affixed, or in any other manner, regardless of the means, attach or in any way depict a fraudulent engineering seal or a fraudulent representation of an engineering seal.", "sourceNote": "Source Note: The provisions of this §137.37 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective April 27, 2008, 33 TexReg 3267; amended to be effective December 25, 2012, 37 TexReg 9933; amended to be effective December 11, 2016, 41 TexReg 9705; amended to be effective July 3, 2022, 47 TexReg 3687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154054", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§137.51", "label": "General Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130202", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to safeguard, life, health and property, to promote the public welfare, and to establish and maintain a high standard of integrity and practice, the rules relating to professional conduct in this title shall be binding on every person holding a license authorized to offer or perform engineering services in Texas.(b) License holders having knowledge of any alleged violation of the Act and/or board rules shall cooperate with the board in furnishing such information or assistance as may be required.(c) A license holder shall respond to the board in writing to all written requests for information regarding all inquiries under the jurisdiction of the board within 21 days of receipt or by the date specified in board correspondence. A license holder shall fully comply with final decisions and orders of the board. Failure to comply with these matters will constitute a separate offense of misconduct and will subject the license holder to any of the penalties provided under §1001.451(2), (3), or (4) and §1001.502 of the Act.(d) Any license holder who directly or indirectly enters into any contract, arrangement, plan, or scheme with any person, firm, partnership, association, or corporation or other business entity which in any manner results in a violation of §137.77 of this title (relating to Firm Registration Compliance) shall be subject to legal and disciplinary actions available to the board. Professional engineers shall perform or directly supervise the engineering work of any subordinates as characterized in §131.81(10) of this title (relating to Definitions). Under no circumstances shall engineers work in a part-time arrangement with a firm not otherwise in full compliance with §137.77 of this title in a manner that could enable such firm to offer or perform professional engineering services.(e) A licensed professional engineer may offer or perform engineering services on a full or part-time basis as a firm (including a sole practitioner) or other business entity if registered pursuant to the requirements of Chapter 135 of this title (relating to Firm Registration).", "sourceNote": "Source Note: The provisions of this §137.51 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective September 4, 2006, 31 TexReg 7124; amended to be effective December 10, 2006, 31 TexReg 9833; amended to be effective December 21, 2008, 33 TexReg 10176; amended to be effective December 11, 2011, 36 TexReg 8376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130202", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§137.53", "label": "Engineer Standards of Compliance with Professional Services Procurement Act" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209330", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed engineer shall not submit or request, orally or in writing, a competitive bid to perform professional engineering services for a governmental entity unless specifically authorized by state law and shall report to the board any requests from governmental entities and/or their representatives that request a bid or cost and/or pricing information or any other information from which pricing or cost can be derived prior to selection based on demonstrated competence and qualifications to perform the services.(b) For the purposes of this section, competitive bidding to perform engineering services includes, but is not limited to, the submission of any monetary cost information in the initial step of selecting qualified engineers. Cost information or other information from which cost can be derived must not be submitted until the second step of negotiating a contract at a fair and reasonable cost.(c) This section does not prohibit competitive bidding in the private sector.", "sourceNote": "Source Note: The provisions of this §137.53 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective June 4, 2007, 32 TexReg 2996." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209330", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§137.55", "label": "Engineers Shall Protect the Public" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209329", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Engineers shall be entrusted to protect the health, safety, property, and welfare of the public in the practice of their profession. The public as used in this section and other rules is defined as any individual(s), client(s), business or public entities, or any member of the general population whose normal course of life might reasonably include an interaction of any sort with the engineering work of the license holder.(b) Engineers shall not perform any engineering function which, when measured by generally accepted engineering standards or procedures, is reasonably likely to result in the endangerment of lives, health, safety, property, or welfare of the public. Any act or conduct which constitutes incompetence or gross negligence, or a criminal violation of law, constitutes misconduct and shall be censurable by the board.(c) Engineers shall first notify involved parties of any engineering decisions or practices that might endanger the health, safety, property or welfare of the public. When, in an engineer's judgment, any risk to the public remains unresolved, that engineer shall report any fraud, gross negligence, incompetence, misconduct, unethical or illegal conduct to the board or to proper civil or criminal authorities.", "sourceNote": "Source Note: The provisions of this §137.55 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective July 3, 2022, 47 TexReg 3687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209329", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§137.57", "label": "Engineers Shall be Objective and Truthful" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "126253", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Engineers shall issue statements only in an objective and truthful manner. The issuance of oral or written assertions in the practice of engineering shall not be:(1) fraudulent;(2) deceitful; or(3) misleading or shall not in any manner whatsoever tend to create a misleading impression.(b) Engineers shall make affected parties aware of the engineers' professional concerns regarding particular actions or projects, and of the consequences of engineering decisions or judgments that are overruled or disregarded.(c) The engineer shall disclose a potential conflict of interest to a potential or current client or employer upon discovery of the possible conflict.(d) A potential conflict of interest exists when an engineer accepts employment when a reasonable probability exists that the engineer's own financial, business, property, or personal interests may affect any professional judgment, decisions, or practices exercised on behalf of the client or employer. An engineer may accept such an employment only if all parties involved in the potential conflict of interest are fully informed in writing and the client or employer confirms the knowledge of the potential conflict in writing. An engineer in a potential conflict of interest employment shall maintain the interests of the client and other parties as provided by §137.61 of this title (relating to Engineers Shall Maintain Confidentiality of Clients) and other rules and statutes.", "sourceNote": "Source Note: The provisions of this §137.57 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective September 4, 2006, 31 TexReg 7124; amended to be effective December 21, 2008, 33 TexReg 10176; amended to be effective March 15, 2018, 43 TexReg 1441; amended to be effective July 3, 2022, 47 TexReg 3687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "126253", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§137.59", "label": "Engineers' Actions Shall Be Competent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111288", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Engineers shall practice only in their areas of competence.(b) The engineer shall not perform any engineering assignment for which the engineer is not qualified by education or experience to perform adequately and competently. However, an engineer may accept an assignment which includes phases outside of the engineer's area of competence if those other phases are performed by qualified licensed professionals, consultants, associates, or employees.(c) The engineer shall not express an engineering opinion in deposition or before a court, administrative agency, or other public forum which is contrary to generally accepted scientific and engineering principles without fully disclosing the basis and rationale for such an opinion. Engineering opinions which are rendered as expert testimony and contain quantitative values shall be supported by adequate modeling or analysis of the phenomena described.", "sourceNote": "Source Note: The provisions of this §137.59 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective September 4, 2006, 31 TexReg 7124." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111288", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§137.61", "label": "Engineers Shall Maintain Confidentiality of Clients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202230", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The engineer may reveal confidences and private information only with a fully informed client's or employer's consent, or when required by law or court order; or when those confidences, if left undisclosed, would constitute a threat to the health, safety or welfare of the public.(b) The engineer shall not use a confidence or private information regarding a client or employer to the disadvantage of such client or employer or for the advantage of a third party.(c) The engineer shall exercise reasonable care to prevent unauthorized disclosure or use of private information or confidences concerning a client or employer by the engineer's employees and associates.", "sourceNote": "Source Note: The provisions of this §137.61 adopted to be effective May 20, 2004, 29 TexReg 4878." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202230", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§137.63", "label": "Engineers' Responsibility to the Profession" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Engineers shall engage in professional and business activities related to the practice of engineering in an honest and ethical manner.(b) The engineer must:(1) meet all of the applicable professional practice requirements of federal, state and local statutes, codes, regulations, rules, ordinances or standards in the performance of engineering services;(2) exercise reasonable care or diligence to prevent the engineer's partners, associates, and employees from engaging in conduct which, if done by the engineer, would violate any provision of the Texas Engineering Practice Act, general board rule, or any of the professional practice requirements of federal, state and local statutes, codes, regulations, rules or ordinances in the performance of engineering services;(3) exercise reasonable care to prevent the association of the engineer's name, professional identification, seal, firm or business name in connection with any venture or enterprise which the engineer knows, or should have known, is engaging in trade, business or professional practices of a fraudulent, deceitful, or dishonest nature, or any action which violates any provision of the Texas Engineering Practice Act or board rules.(4) act as faithful agent for their employers or clients;(5) conduct engineering and related business affairs in a professional manner in interactions with involved parties and employees. Unprofessional conduct may include, but is not limited to, misrepresentation in billing; sale and/or performance of unnecessary work; or conduct that harasses or intimidates another party; and(6) practice engineering in a careful and diligent manner.(c) The engineer shall not:(1) aid or abet, directly or indirectly, any unlicensed person or business entity in the unlawful practice of engineering;(2) maliciously injure or attempt to injure or damage the personal or professional reputation of another by any means. This does not preclude an engineer from giving a frank but private appraisal of engineers or other persons or firms when requested by a client or prospective employer;(3) retaliate against a person who provides reference material for an application for a license or who in good faith attempts to bring forward an allegation of wrongdoing;(4) give, offer or promise to pay or deliver, directly or indirectly, any commission, gift, favor, gratuity, benefit, or reward as an inducement to secure any specific engineering work or assignment;(5) accept compensation or benefits from more than one party for services pertaining to the same project or assignment; or(6) solicit professional employment in any false or misleading advertising.(d) Engineers should strive to promote responsibility, commitment, and ethics both in the education and practice phases of engineering. They should attempt to enhance society's awareness of engineers' responsibilities to the public and encourage the communication of these principles of ethical conduct among engineers.", "sourceNote": "Source Note: The provisions of this §137.63 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective September 4, 2006, 31 TexReg 7124; amended to be effective December 21, 2008, 33 TexReg 10177; amended to be effective December 11, 2016, 41 TexReg 9705; amended to be effective March 15, 2018, 43 TexReg 1441; amended to be effective December 24, 2020, 45 TexReg 9205." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160018", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§137.65", "label": "Action in Another Jurisdiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139146", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The engineer shall not practice or offer to practice engineering in any other jurisdiction in violation of the laws regulating the practice of professional engineering in that jurisdiction. A finding by such jurisdiction of illegal practice or offer to practice is misconduct and will subject the engineer to disciplinary action in Texas.(b) Any disciplinary actions taken by another jurisdiction on a matter which would constitute a violation of the Texas Engineering Practice Act or board rules shall be sufficient cause for disciplinary action by this board. A certified copy of the board Order or Final Action from another jurisdiction shall be sufficient evidence to take disciplinary action in this state.(c) Any complaint, referral or report that a Texas licensed professional engineer performing engineering related to Texas Occupations Code, §1001.068 in another state may be subject to disciplinary action by this board, if after investigation it is determined that the engineering work done in that other state was inadequate, deficient, incorrect or violated that state's law or rules regarding the practice of engineering.", "sourceNote": "Source Note: The provisions of this §137.65 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective December 25, 2012, 37 TexReg 9933." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139146", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "D", "label": "FIRM AND GOVERNMENTAL ENTITY COMPLIANCE" }, "rule": { "number": "§137.71", "label": "Firm Names" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139147", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to §1001.405(e), a business entity that is not registered with the board may not represent to the public by way of letters, signs, or symbols as a part of any sign, directory, listing, contract, document, pamphlet, stationery, advertisement, signature, or business name that it is engaged in the practice of engineering by using the terms:(1) \"engineer,\"(2) \"engineering,\"(3) \"engineering services,\"(4) \"engineering company,\"(5) \"engineering, inc.,\"(6) \"professional engineers,\"(7) \"licensed engineer,\"(8) \"registered engineer,\"(9) \"licensed professional engineer,\"(10) \"registered professional engineer,\"(11) \"engineered,\" or(12) any abbreviation or variation of those terms listed in paragraphs (1) - (11) of this section, or directly or indirectly use or cause to be used any of those terms in combination with other words.", "sourceNote": "Source Note: The provisions of this §137.71 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective December 21, 2008, 33 TexReg 10177." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139147&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139147", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "D", "label": "FIRM AND GOVERNMENTAL ENTITY COMPLIANCE" }, "rule": { "number": "§137.73", "label": "Firm Record Modifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111293", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each registered firm shall notify the board in writing not later than 30 days after a change in the business entity's:(1) physical or mailing address, electronic mail address, telephone or facsimile number or other contact information;(2) officers or directors;(3) employment status of the professional engineers of the firm; or(4) operation including dissolution of the firm or that the firm no longer offers to provide or is not providing engineering services to the public in Texas; or(5) operation including addition or dissolution of branch and/or subsidiary offices.(b) Notice shall include, as applicable, the:(1) full legal trade or business name entity,(2) the firm registration number,(3) telephone number of the business office,(4) name and license number of the license holder employed or leaving the entity,(5) description of the change, and(6) effective date of this change.", "sourceNote": "Source Note: The provisions of this §137.73 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective February 24, 2005, 30 TexReg 847; amended to be effective December 21, 2008, 33 TexReg 10177." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111293", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "D", "label": "FIRM AND GOVERNMENTAL ENTITY COMPLIANCE" }, "rule": { "number": "§137.75", "label": "Registration Renewal and Expiration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209334&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209334", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The certificate of registration shall be valid until the last day of the twelfth month following the date of issuance of the certificate of registration. At least one month in advance of the date of the expiration, the board shall notify each firm holding a certificate of registration of the date of the expiration and the amount of the fee that shall be required for its renewal for one year. The renewal notice shall be mailed to the last address provided by the firm to the board. The certificate of registration may be renewed by completing the renewal application and paying the annual registration renewal fee set by the board. It is the sole responsibility of the firm to pay the required renewal fee prior to the expiration date, regardless of whether the renewal notice is received.(b) A certificate of registration which has been expired for less than one year may be renewed by completing the renewal statement sent by the board and payment of two (2) times the normal renewal fee. When renewing an expired certificate of registration, the authorized official of the firm shall submit a written a statement of whether engineering services were offered, pending, or performed for the public in Texas during the time the certificate of registration was expired.(c) If a certificate of registration has been expired for more than one year, the firm must re-apply for certification under the laws and rules in effect at the time of the new application and shall be issued a new certificate of registration serial number if the new application is approved.(d) The renewal fee will not be refunded.", "sourceNote": "Source Note: The provisions of this §137.75 adopted to be effective May 20, 2004, 29 TexReg 4878." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209334&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209334", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "D", "label": "FIRM AND GOVERNMENTAL ENTITY COMPLIANCE" }, "rule": { "number": "§137.77", "label": "Firm Registration Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "139149", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any firm or other business entity shall not offer or perform engineering services to the public unless registered with the board pursuant to the requirements of Chapter 135 of this title (relating to Firm Registration).(b) A firm shall provide that at least one full-time active license holder is employed with the entity and that an active license holder performs or directly supervises all engineering work and activities that require a license that is performed in the primary, branch, remote, or project office(s).(c) An active license holder who is a sole practitioner shall satisfy the requirement of the regular, full-time employee.(d) No engineering services are to be offered to or performed for the public in Texas by a firm while that firm does not have a current certificate of registration.(e) A business entity that offers or is engaged in the practice of engineering in Texas and is not registered with the board or has previously been registered with the board and whose registration has expired shall be considered to be in violation of the Act and board rules and will be subject to administrative penalties as set forth in §§1001.501 - 1001.508 of the Act and §139.35 of this title (relating to Sanctions and Penalties).(f) The board may revoke a certificate of registration that was obtained in violation of the Act and/or board rules including, but not limited to, fraudulent or misleading information submitted in the application or lack of employee relationship with the designated professional engineer for the firm.(g) If a firm has notified the board that it is no longer offering or performing engineer services to the public, including the absence of a regular, full-time employee who is an active professional engineer licensed in Texas, the certificate of registration record will be placed in inactive status until the board is notified of resumed offering and services. If firm certificate of registration is inactive, the certificate of registration will expire under the same requirements of subsection (e) of this section unless renewed.(h) All engineering documents released, issued, or submitted by or for a registered engineering firm, including preliminary documents, must clearly indicate the firm name and registration number.(i) A firm registered under Chapter 135 of this title may voluntarily surrender the registration by submitting a request in writing provided that the firm:(1) is in good standing; and(2) does not have an enforcement case pending before the board.(j) A firm registration that has been voluntarily surrendered may not be renewed. A firm which has voluntarily surrendered a registration may apply for a new registration.", "sourceNote": "Source Note: The provisions of this §137.77 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective January 1, 2006, 30 TexReg 8688; amended to be effective June 20, 2006, 31 TexReg 4862; amended to be effective December 10, 2006, 31 TexReg 9833; amended to be effective December 21, 2008, 33 TexReg 10178; amended to be effective June 13, 2010, 35 TexReg 4716; amended to be effective July 3, 2022, 47 TexReg 3687." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=139149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "139149", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "137", "label": "COMPLIANCE AND PROFESSIONALISM FOR ENGINEERS" }, "subchapter": { "number": "D", "label": "FIRM AND GOVERNMENTAL ENTITY COMPLIANCE" }, "rule": { "number": "§137.79", "label": "Standards for Compliance with Professional Services Procurement Act" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209340", "queryAsDate": "03/11/2026" }, "ruleBody": "When procuring professional engineering services, a governmental entity and/or its representative(s) shall comply with the requirements of Subchapter A, Chapter 2254, Texas Government Code and shall select and award on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price and shall not select services or award contracts on the basis of competitive bidding.", "sourceNote": "Source Note: The provisions of this §137.79 adopted to be effective May 20, 2004, 29 TexReg 4878; amended to be effective December 21, 2008, 33 TexReg 10178." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209340", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND SURVEYOR COMPLIANCE" }, "rule": { "number": "§138.1", "label": "Registration Holder Designations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209339", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §1071.002 and §1071.251 of the Surveying Act, a Registered Professional Land Surveyor may use the following terms when representing himself or herself to the public:(1) \"registered professional land surveyor\";(2) \"registered land surveyor\";(3) \"registered surveyor\";(4) \"professional land surveyor\";(5) \"professional surveyor\"; or(6) any variation or abbreviation of the terms listed in paragraphs (1) - (5) of this subsection.(b) Pursuant to §1071.002 and §1071.251 of the Surveying Act, a Licensed State Land Surveyor may use the following terms when representing himself or herself to the public:(1) \"licensed state land surveyor\"; or(2) \"licensed state surveyor\".(c) Certificates, seals, and other official documentation showing earlier terminology shall be considered valid for all purposes.(d) License holders who have placed their license in an inactive status pursuant to §138.13 of this chapter (relating to Inactive Status) may use the terms in subsections (a) or (b) of this section but must include the term \"inactive\" or \"retired\" in conjunction with the designation.", "sourceNote": "Source Note: The provisions of this §138.1 adopted to be effective December 24, 2020, 45 TexReg 9206; amended to be effective July 3, 2022, 47 TexReg 3688." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209339", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND SURVEYOR COMPLIANCE" }, "rule": { "number": "§138.5", "label": "Registration and License Holder Notification Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227275", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each license or registration holder shall notify the board in writing not later than 30 days after a change in the person's legal name, personal mailing address, or employment status.(b) A notice informing the board of a change in employment status shall include, as applicable, the:(1) full legal trade or business name of the association or employment;(2) physical location and mailing address of the business;(3) telephone number of the business office;(4) type of business (corporation, assumed name, partnership, or self-employment through use of own name);(5) legal relationship and position of responsibility within the business; and(6) effective date of this change.(c) Each license or registration holder shall notify the board in writing not later than 30 days after a misdemeanor or felony criminal conviction, or any sanction is imposed against a licensee by another state's surveying board.", "sourceNote": "Source Note: The provisions of this §138.5 adopted to be effective December 24, 2020, 45 TexReg 9206; amended to be effective July 3, 2022, 47 TexReg 3688." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227275", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND SURVEYOR COMPLIANCE" }, "rule": { "number": "§138.7", "label": "License or Registration Expiration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227276", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license or registration holder must renew the license every two years to continue to practice land surveying under the provisions of the Surveying Act. If the license or registration renewal requirements are not met by the expiration date of the license or registration, the license or registration shall expire and the license or registration holder may not engage in surveying activities that require a license or registration until the renewal requirements have been met.(b) Pursuant to §1001.275 of the Act, the board will mail a renewal notice to the last recorded address on file with the board of each license or registration holder at least 30 days prior to the date a person's license or registration is to expire. Regardless of whether the renewal notice is received, the license or registration holder has the sole responsibility to pay the required renewal fee together with any applicable late fees at the time of payment.(c) A license or registration holder may renew a license or registration by submitting:(1) the required renewal fee. Payment may be made by personal, company, or other checks drawn on a United States bank (money order or cashier's check), or by electronic means, payable in United States currency;(2) the continuing education program documentation as required in §138.17 of this chapter (relating to Continuing Education Program) to the board prior to the expiration date of the license; and(3) documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board.(d) Licenses and registrations shall expire on the date assigned by the board and as specified in the board's records. The renewal date will be specified on the applicable renewal form.(e) A license holder who, at the time of his or her renewal, has any unpaid administrative penalty owed to the Board or who has failed to comply with any term or condition of a Consent Order, Agreed Board Order, or a Final Board Order shall not be allowed to renew his or her license or registration to practice surveying until such time as the administrative penalty is paid in full or the term or condition is satisfied unless otherwise authorized by the Consent Order, Agreed Board Order, or a Final Board Order.", "sourceNote": "Source Note: The provisions of this §138.7 adopted to be\r\neffective December 24, 2020, 45 TexReg 9206; amended to be effective\r\nJanuary 7, 2026, 50 TexReg 138." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227276", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND SURVEYOR COMPLIANCE" }, "rule": { "number": "§138.9", "label": "Renewal for Expired License or Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209341", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license or registration holder may renew a license or registration that has expired for 90 days or less by submitting to the board the required renewal fee, a late renewal fee, and the continuing professional education documentation as required in §138.17 of this chapter (relating to Continuing Professional Education).(b) A license or registration holder may renew a license or registration that has expired for more than 90 days but less than one year by submitting to the board the required renewal fee, a late renewal fee, and the continuing professional education documentation as required in §138.17 of this chapter.(c) A license or registration holder may renew a license or registration that has expired for more than one year but less than two years by submitting to the board the required renewal fee, a late renewal fee, and the continuing professional education documentation as required in §138.17 of this chapter for each delinquent year or part of a year.(d) A license or registration which has been expired for two years may not be renewed, but the former license holder may apply for a new license or registration as provided in the current Surveying Act and applicable board rules. Military service members, as defined in Texas Occupations Code, §55.001(4), may be granted up to two years of additional time to renew a license or registration.(e) Renewal fees or late renewal fees will not be refunded unless incorrect fee was assessed through a documented procedural error by Board staff.(f) In strict accordance with the provisions of the Texas Family Code, Chapter 232, pertaining to delinquent child support, if a license or registration holder's name has been provided by the OAG (Office of the Attorney General) as being in default of child support, the board shall not renew the license or registration of the license or registration holder on the renewal date following such notification. The board shall not renew or reinstate said license or registration unless the OAG certifies the individual has satisfied the requirements of the Texas Family Code, Chapter 232.(g) Pursuant to Texas Occupations Code Chapter 55, a license or registration holder is exempt from any penalty imposed in this section for failing to renew the license or registration in a timely manner if the license or registration holder provides adequate documentation, including copies of orders, to establish to the satisfaction of the board that the license or registration holder failed to renew in a timely manner because the license or registration holder was serving as a military service member as defined in Texas Occupations Code, §55.001(4).", "sourceNote": "Source Note: The provisions of this §138.9 adopted to be\r\neffective December 24, 2020, 45 TexReg 9206; amended to be effective\r\nJanuary 7, 2026, 50 TexReg 138." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209341", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND SURVEYOR COMPLIANCE" }, "rule": { "number": "§138.12", "label": "Suspended License or Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227277", "queryAsDate": "03/11/2026" }, "ruleBody": "Offering or performing professional surveying services to the public while a license or registration is suspended is a violation of board rules and is subject to disciplinary action by the board.", "sourceNote": "Source Note: The provisions of this §138.12 adopted to be effective July 3, 2022, 47 TexReg 3688." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227277", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND SURVEYOR COMPLIANCE" }, "rule": { "number": "§138.13", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209342", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license or registration holder may request in writing to change the status of the license or registration to \"inactive\" at any time. A license or registration holder whose license or registration is inactive may not practice surveying. A license or registration holder who has requested inactive status shall not receive any refunds for licensing or registration fees previously paid to the board.(b) A license or registration holder whose license or registration is inactive must pay an inactive renewal fee as established by the board at the time of the renewal. If the inactive renewal fee is not paid by the date a person's license or registration is to expire, the inactive renewal fee for the expired license or registration shall be increased in the same manner as for an active license or registration renewal fee.(c) A license holder whose license is inactive is not required to:(1) comply with the continuing professional education requirements adopted by the board; or(2) take an examination for reinstatement to active status.(d) To return to active status, a license or registration holder whose license or registration is inactive must:(1) submit a request in writing for reinstatement to active status;(2) pay the fee for renewal, as applicable;(3) provide documentation of submittal of fingerprints for criminal history record check as required by §1001.277 of the Act, unless previously submitted to the board; and(4) comply with the continuing professional education requirements for inactive license or registration holders returning to practice as prescribed in §138.17 of this chapter (relating to Continuing Professional Education).(e) A license or registration holder may claim inactive status and return to active status only once during the period determined by the renewal schedule of the license or registration. If a license or registration holder claims inactive status and returns to active status during the same renewal period, the license or registration holder shall comply with the full continuing professional education requirements for that renewal period.(f) A license or registration holder claiming inactive status may use any term allowed for an active license or registration holder followed by the term \"Inactive\" or \"Retired\" on business cards, stationery and other forms of correspondence. Failure to note inactive status in this manner is a violation of the Acts and board rules and is grounds for disciplinary action by the board.(g) A license or registration holder on inactive status may provide a reference statement for an applicant for licensure or registration.(h) Offering or performing surveying services to the public while the license or registration is inactive is a violation of the inactive status and is grounds for disciplinary action by the board.", "sourceNote": "Source Note: The provisions of this §138.13 adopted to be\r\neffective December 24, 2020, 45 TexReg 9206; amended to be effective\r\nJanuary 7, 2026, 50 TexReg 138." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209342", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND SURVEYOR COMPLIANCE" }, "rule": { "number": "§138.14", "label": "Voluntary Surrender of License or Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202238", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license or registration holder who does not wish to maintain a license or registration, the legal guardian of the license or registration holder, or other legal representative of the license or registration holder may voluntarily surrender the license or registration by submitting a request in writing provided that the license or registration holder:(1) is in good standing; and(2) does not have an enforcement case pending before the board, other than cases alleging a violation of §138.5 (relating to Registration and License Holder Notification Requirements) and §138.17 (relating to Continuing Education) of this title.(b) A license or registration that has been voluntarily surrendered may not be renewed. A license or registration holder who has voluntarily surrendered a license or registration may apply for a new license or registration.", "sourceNote": "Source Note: The provisions of this §138.14 adopted to be effective December 24, 2020, 45 TexReg 9206; amended to be effective July 3, 2022, 47 TexReg 3688." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202238", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND SURVEYOR COMPLIANCE" }, "rule": { "number": "§138.15", "label": "Replacement of Printed Licenses or Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227278", "queryAsDate": "03/11/2026" }, "ruleBody": "Each license or registration holder will be issued a printed license or registration certificate. A license or registration holder may obtain a new printed license or registration certificate to replace any certificate lost, destroyed, or mutilated or obtain a certificate in a new design by submitting a request in a format prescribed by the Board. Replacement license or registration certificates will reflect the original serial number of the license or registration certificate.", "sourceNote": "Source Note: The provisions of this §138.15 adopted to be effective December 24, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227278", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "A", "label": "INDIVIDUAL AND SURVEYOR COMPLIANCE" }, "rule": { "number": "§138.17", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209344", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each license or registration holder shall meet the Continuing Education (CE) requirements for professional development as a condition for license or registration renewal.(b) Terms used in this section are defined as follows:(1) Professional Development Hour (PDH)--A contact hour (clock hour) of CE activity. PDH is the basic unit for CE reporting. (2) Continuing Education Unit (CEU)--Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 hours of class in an approved continuing education course.(3) College/Unit Semester/Quarter Hour--Credit for course in ABET-approved program or other related college course.(4) Course/Activity--Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the license or registration holder's field of practice.(5) Self-directed study--Time spent engaging in professional development that is not otherwise identified in this rule. (Examples include, but are not limited to: reading/reviewing trade magazines, books, or the Texas Engineering Practice Act, the Professional Land Surveying Practices Act, and Board rules; watching tutorials; and viewing other online content.)(c) Every license or registration holder is required to obtain 24 PDH units during the renewal period.(d) A minimum of 4 PDH units per renewal period must be in the area of professional ethics, roles and responsibilities of professional surveying, case law impacting professional surveying in Texas, or review of the Acts and Board Rules. (e) A license or registration holder may not carry forward PDH units into the subsequent renewal period. (f) PDH units may be earned as follows:(1) Successful completion or auditing of college credit courses.(2) Successful completion of continuing education courses, either offered by a professional or trade organization, university or college, or offered in-house by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other groups.(3) Successful completion of correspondence, on-line, televised, videotaped, and other short courses/tutorials.(4) Attendence of seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences sponsored by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other groups.(5) Teaching, presenting, or instructing as listed in paragraphs (1) through (4) of this subsection.(6) Authoring published papers, articles, books, or accepted licensing or registration examination items.(7) Active participation in the leadership or committee activities of professional or technical societies, associations, agencies, or organizations that involve the surveying profession, through:(A) Serving as an elected or appointed official;(B) Serving on a committee of the organization; or(C) Serving in other official positions.(8) U.S. Patents issued.(9) Engaging in self-directed study.(10) Active participation in formal, organized educational outreach activities in coordination with a school or organization, including activities that build awareness or skills regarding surveying that involve K-12 or higher education students.(g) All activities described in subsection (f) of this section shall be relevant to the practice of professional land surveying and may include educational, technical, ethical, or managerial content.(h) The conversion of other units of credit to PDH units is as follows:(1) 1 College or unit semester hour--15 PDH.(2) 1 College or unit quarter hour--10 PDH.(3) 1 Continuing Education Unit--10 PDH.(4) 1 Hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences--1 PDH.(5) 1 Hour of professional development through self-directed study--1 PDH (Not to exceed 8 PDH per renewal period).(6) Each published paper, article, or book on a topic related to the practice of professional surveying--10 PDH.(7) Active participation in the leadership or committee activities of a professional or technical society, association, agency, or organization that involves the surveying profession--1 PDH (Not to exceed 5 PDH per organization per calendar year and a maximum of 10 PDH per renewal period).(8) Active participation in formal, organized educational outreach activities--1 PDH (Not to exceed 6 PDH per renewal period).(9) Each U.S. patent issued--15 PDH.(10) Other activities shall be credited at 1 PDH for each hour of participation in the activity.(i) Determination of Credit.(1) The board shall be the final authority with respect to whether a course or activity meets the requirements of these rules.(2) The board shall not pre-approve or endorse any CE activities. It is the responsibility of each license or registration holder to assure that all PDH credits claimed meet CE requirements.(3) Credit for college or community college approved courses will be based upon course credit established by the college.(4) Credit for seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.(5) Credit for self-directed study will be based on one PDH unit for each hour of study and is not to exceed 8 PDH per renewal period. Credit determination for self-directed study is the responsibility of the license or registration holder and subject to review as required by the board.(6) Credit determination for activities described in subsection (h)(4) of this section is the responsibility of the license or registration holder and subject to review as required by the board.(7) Credit for activity described in subsection (h)(7) of this section requires that a license or registration holder serve as an officer of the organization, actively participate in a committee of the organization, or serve in other official positions. 1 PDH credit is earned for each hour of active participation. (8) Credit for teaching, instructing, or presenting each unique course or seminar may only be earned once per renewal period. (j) The license or registration holder is responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to:(1) information on the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned; and(2) documentation to verify attendance in the form of completion certificates, agendas, conference flyers, or other documents supporting evidence of attendance.(k) In accordance with §138.7(c) of this chapter (relating to License or Registration Expiration or Renewal), the license or registration holder must certify that CE requirements have been satisfied for that renewal period. If the CEP requirements have not been met, the registration holder shall wait to renew the registration until such time that they have been met or the registration holder shall change the registration to inactive status in accordance with Section 138.13 of this Chapter, relating to Inactive Status.(l) CE records for each license or registration holder must be maintained for a period of four years by the license holder.(m) CE records for each license or registration holder are subject to audit by the board or its authorized representative.(1) Copies must be furnished, if requested, to the board or its authorized representative for audit verification purposes.(2) If upon auditing a license or registration holder, the board finds that the activities cited do not fall within the bounds of educational, technical, ethical, or professional management activities related to the practice of surveying; the board may require the license or registration holder to acquire additional PDH as needed to fulfill the minimum CE requirements.(n) A license or registration holder may be exempt from the continuing education requirements for one of the following reasons listed in paragraphs (1) - (4) of this subsection:(1) License or registration holders shall be exempt prior to their first renewal. (2) A license or registration holder serving on active duty and deployed outside the United States, its possessions and territories, in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a given year of the renewal period shall be exempt from obtaining 15 hours of professional development hours during that year. A registration holder may be eligible for an exemption each year of the renewal period. If selected for a CEP audit, a registration holder claiming an exemption by reason of serving on active duty and deployed outside the United States, its possessions and territories, shall submit supporting documentation to demonstrate the registration holder's eligibility for this exemption.(3) License or registration holders experiencing disability, illness, or other clearly extenuating circumstances that prevented the license or registration holder's ability to work during a substantial period of either or both years of the renewal period may qualify for a partial of full exemption from the continuing education requirements for the renewal period. (A) If the disability, illness, or other extenuating circumstances only occurred during one year of the renewal period, an exemption of up to 12 hours may be claimed. If the disability, illness, or other extenuating circumstances occurred during the entire renewal period, an exemption of up to 24 hours may be claimed.(B) If selected for a CEP audit, a license or registration holder claiming an exemption by reason of disability, illness, or other clearly extenuating circumstances shall submit supporting documentation in the form of a sworn statement by the license or registration holder, a statement from a licensed healthcare provider, or records documenting the physical disability, illness, or circumstances that prevented the license or registration holder's participation in the continuing education program during a substantial period of the renewal period.(C) If the board finds from the submitted documentation that good cause has been shown for a partial or full exemption, the board may exempt the license or registration holder from the continuing education requirement for the renewal period in question.(4) License or registration holders who list their status as \"Inactive\" and who further certify that they are not providing professional surveying services in Texas shall be exempt from the continuing education hours required.(5) Documentation to support any claimed exemption must be supplied in response to a CEP audit.(o) A license or registration holder may bring an inactive license to active status by obtaining all delinquent PDH units and submitting copies of CE records demonstrating compliance to the board or its authorized representative for verification purposes. If the license or registration holder has been in inactive status for one year or less, the total number of units of continuing education required to return to active status is 12. If the license or registration holder has been in inactive status for more than one year, then 24 units of continuing education shall be required to return to active status, and the hours acquired must be within the two years prior to reactivation. (p) Noncompliance:(1) If a license or registration holder does not certify that CE requirements have been met for a renewal period, the license or registration shall be considered expired and subject to late fees and penalties.(2) Failure to comply with CE reporting requirements as listed in this section is a violation of board rules and shall be subject to sanctions.(3) A determination by audit that CE requirements or exemption eligibility have been falsely reported shall be considered to be misconduct and will subject the license or registration holder to disciplinary action.(4) If found to be noncompliant, the board may require additional audits of the license or registration holder.", "sourceNote": "Source Note: The provisions of this §138.17 adopted\r\nto be effective December 24, 2020, 45 TexReg 9206; amended to be effective\r\nJuly 3, 2022, 47 TexReg 3688; amended to be effective January 7, 2026,\r\n50 TexReg 138." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209344", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "B", "label": "SEALING REQUIREMENTS" }, "rule": { "number": "§138.31", "label": "Seal Specifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210172", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon issuance of a registration as a registered professional land surveyor, each registration holder is required to obtain a seal under the requirements of §134.97 of this title (relating to Issuance of Registration).(b) In accordance with §1071.351(b) of the Surveying Act, physical and electronic seals shall be of the Board-authorized designs illustrated in this section and shall be no larger than two inches. Regardless of seal size the surveyor's name and number must be clearly legible.(c) All physical seals obtained and used by registration holders must leave a permanent ink image or permanent impression of the seal attached to the surveying work.(d) All seals obtained and used by registration holders shall contain any legal name, commonly accepted variation of the legal name, or initial combination with the surname as currently listed with the board and in the usual written signature. Nicknames shall not be permitted on a seal in lieu of a legal name or initial combination. The name can be displayed on the seal using all uppercase letters, such as \"LESLIE H. DOE\" or using the standard combination of upper and lowercase letters, such as \"Leslie H. Doe\". If after registration, a registration holder legally changes his/her name, the registration holder must have a new seal or seals made showing the new legal name.Attached Graphic(e) Preprinting of blank forms with a surveyor's seal, or the use of decal or other seal replicas is prohibited.(f) When signing a surveying work, the surveyor may utilize the designation \"R.P.L.S.\" or other terms as described in §138.1 of this chapter (relating to Registration Holder Designations).(g) This section does not prevent the reproduction of sealed and signed, original works for distribution.(h) Upon issuance of a license as a licensed state land surveyor, each license holder is required to obtain an additional seal.Attached Graphic", "sourceNote": "Source Note: The provisions of this §138.31 adopted to be effective April 1, 2021, 46 TexReg 2017; amended to be effective July 3, 2022, 47 TexReg 3688." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210172", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "B", "label": "SEALING REQUIREMENTS" }, "rule": { "number": "§138.33", "label": "Sealing Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204362", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of the registered professional land surveyors and licensed state land surveyor seal is to assure the user of the surveying product that the work has been performed or directly supervised by the professional surveyor named and to delineate the scope of the surveyor's work.(b) Registration and licensed holders shall only seal work done by them, performed under their direct supervision as defined in §131.2 of this title (relating to Definitions). Upon sealing, surveyors take full professional responsibility for that work.(c) When a license or registration holder reviews and elects to incorporate the work products of others into a signed and sealed survey document, those items shall be clearly labeled as such and shall clearly indicate the identity of the originator.(d) Registration holders shall take reasonable steps to ensure the security of their physical or electronic seals and electronic signatures. For electronic seals and electronic signatures, the surveyor must have reasonable security measures in place to protect these files. In the event of loss of a seal or electronic signature, the surveyor will, as soon as possible, but no later than 30 days of discovery, give written notification of the facts concerning the loss to the board.(e) Preliminary documents released from a land surveyor's control shall identify the purpose of the document, the land surveyor of record and the land surveyor's registration number, and the release date. Such preliminary documents shall not be signed or sealed and shall bear the following statement in the signature space or upon the face of the document: \"Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document\". Preliminary documents released from the land surveyor's control which include this text in place of the land surveyor's signature need not comply with the other minimum standards promulgated in this chapter.(f) License and registration holders shall affix their seal and original signature or electronic seal and signature with the date on the final version of their professional surveying work before such work is released from their control. The signature and date shall not obscure the surveyor's name or registration number in the seal.(g) Work performed by more than one registration holder shall be sealed in a manner such that all surveying work can be clearly attributed to the responsible registration holder or registration holders. When surveying work on which two or more registration holders have worked, the seal and signature of each registration holder shall be placed on the surveying work with a notation describing the work done under each registration holder's responsible charge.(h) Registered employees of the state, its political subdivisions, or other public entities are responsible for sealing their original surveying work; however, such registered employees engaged in review and evaluation for compliance with applicable law or regulation of surveying work submitted by others, or in the preparation of general planning documents, a proposal for decision in a contested case or any similar position statement resulting from a compliance review, need not seal the review reports, planning documents, proposals for decision, or position statements.(i) A local authority may require an original seal and/or signature on reproduced documents.(j) Any surveying work issued by a registration holder for land or property in this state, except for surveying work that constitutes state land surveying, as defined in §1071.002 of the Surveying Act, must include the registration holder's registered professional land surveyor seal placed on the document. A registration holder is not required to use a Texas seal if the surveying work is not located in Texas.(k) A surveyor may securely transmit his or her final version of surveying work electronically, provided that work bears the surveyor's seal and uses one of the techniques described in §138.35(a) of this chapter (relating to Electronic Seals and Electronic Signatures) and must employ reasonable security measures to make the documents unalterable. Electronic correspondence of this type may be followed by a hard copy containing the surveyor's printed name, date, signature and the designation \"R.P.L.S.\" or other terms described in §138.1 of this chapter (relating to Registration Holder Designations).(l) A registration holder is not required to use a seal for a project for which the registration holder is not required to hold a registration under the Surveying Act.(m) All surveying documents released, issued, or submitted by a registration holder, including preliminary documents, shall clearly indicate the firm name and registration number of the surveying firm by which the professional surveyor is employed.(1) If the surveyor is employed by a local, State, or Federal Government agency, then only the name of the agency shall be required.(2) If the surveyor is exempt from sealing a document under subsection (l) of this section, but elects to seal a document, then only the name of the employer shall be required.(n) A licensed state land surveyor must sign and seal surveying documents and surveying work submitted to the General Land Office, including field notes, plats, and reports, with the licensee's licensed state land surveyor seal. In addition to being signed and sealed with the licensed state land surveyor's seal, state land surveying documents and surveying work must also include the licensed state land surveyor's printed name and license number.(o) Use of a seal that is not in compliance with the requirements of §138.31 of this title (relating to Seal Specifications) by a registration or license holder is a violation of Board rules and subject to sanctions.", "sourceNote": "Source Note: The provisions of this §138.33 adopted to be effective April 1, 2021, 46 TexReg 2017; amended to be effective July 3, 2022, 47 TexReg 3688; amended to be effective September 19, 2022, 47 TexReg 5852." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204362", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "B", "label": "SEALING REQUIREMENTS" }, "rule": { "number": "§138.35", "label": "Electronic Seals and Electronic Signatures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209346", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registered professional surveyors shall maintain the security of their electronic seals and electronic signatures. The following methods are allowed:(1) Registered professional surveyors may electronically copy their original hard copy work that bears their seal, original signature, and date and transmit this work in a secure electronic format.(2) A surveyor may create an electronic seal and electronic signature for use in transmitting electronically formatted surveying work, regardless of whether the work was originally in hard copy or electronic format.(b) As an alternative to electronic sealing and electronic signatures, surveyors shall affix their original seals and signatures and date to their surveying work as specified in §138.33(f) of this chapter (relating to Sealing Procedures).", "sourceNote": "Source Note: The provisions of this §138.35 adopted to be effective April 1, 2021, 46 TexReg 2017." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209346", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "B", "label": "SEALING REQUIREMENTS" }, "rule": { "number": "§138.37", "label": "Sealing Misconduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204372", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registration holder is guilty of misconduct and subject to disciplinary action if the registration holder:(1) knowingly signs or seals any surveying document or product if its use or implementation may endanger the health, safety, property or welfare of the public.(2) signs or affixes a seal on any document or product when the registration is inactive or has been revoked, suspended, or has expired.(3) allows others access to his or her electronic files containing his or her seal and/or electronic signature, unless access is explicitly authorized for particular surveying work.(b) A person not registered by the board shall not use, cause to be used, affix, or cause to be affixed or in any other manner, regardless of the means, attach or in any way depict a surveying seal or a representation of a surveying seal without the express permission of the currently active registration holder.(c) A person shall not use, cause to be used, affix, cause to be affixed, or in any other manner, regardless of the means, attach or in any way depict a fraudulent surveying seal or a fraudulent representation of a surveying seal.", "sourceNote": "Source Note: The provisions of this §138.37 adopted to be effective April 1, 2021, 46 TexReg 2017; amended to be effective July 3, 2022, 47 TexReg 3688." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204372", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§138.51", "label": "General Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204373", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The practice of the land surveying profession is essential to the orderly use of our physical environment, and the technical work resultant thereof has important effects on the welfare, property, economy, and security of the public; therefore, the practice of professional land surveying shall be conducted with the highest degree of ethical standards.(b) Registration holders having knowledge of any alleged violation of the Act and/or board rules shall cooperate with the board in furnishing such information or assistance as may be required.(c) A registration holder shall respond to the board in writing to all written requests for information regarding all inquiries under the jurisdiction of the board no later than 21 days of receipt or by the date specified in board correspondence. A registration holder shall fully comply with final decisions and orders of the board. Failure to comply with these matters will constitute a separate offense of misconduct and will subject the registration holder to any of the penalties provided under §1001.451(2), (3), or (4) and §1001.501.(d) Any registration holder who directly or indirectly enters into any contract, arrangement, plan, or scheme with any person, firm, partnership, association, or corporation or other business entity which in any manner results in a violation of §138.77 of this title (relating to Firm Registration Compliance) shall be subject to legal and disciplinary actions provided under §1001.451(2), (3), or (4) and §1001.501. Professional surveyors shall perform or directly supervise the surveying work of any subordinates as characterized in §131.2 of this title (relating to Definitions). Under no circumstances shall surveyors work in a part-time arrangement with a firm not otherwise in full compliance with §138.77 of this chapter in a manner that could enable such firm to offer or perform professional surveying services.(e) A registered professional land surveyor may offer or perform surveying services on a full or part-time basis as a firm or other business entity if registered pursuant to the requirements of Chapter 136 of this title (Relating to Firm Registration).", "sourceNote": "Source Note: The provisions of this §138.51 adopted to be effective April 1, 2021, 46 TexReg 2018." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204373", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§138.53", "label": "Surveyor Standards of Compliance with Professional Services Procurement Act" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204374", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registered professional surveyor shall not submit or request, orally or in writing, a competitive bid to perform professional surveying services for a governmental entity unless specifically authorized by state law and shall report to the board any requests from governmental entities and/or their representatives that request a bid or cost and/or pricing information or any other information from which pricing or cost can be derived prior to selection based on demonstrated competence and qualifications to perform the services.(b) For the purposes of this section, competitive bidding to perform surveying services includes, but is not limited to, the submission of any monetary cost information in the initial step of selecting qualified surveyors. Cost information or other information from which cost can be derived must not be submitted until the second step of negotiating a contract at a fair and reasonable cost.(c) This section does not prohibit competitive bidding in the private sector.", "sourceNote": "Source Note: The provisions of this §138.53 adopted to be effective April 1, 2021, 46 TexReg 2018." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204374", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§138.55", "label": "Surveyors Shall Protect the Public" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209347", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surveyors shall be entrusted to protect the health, safety, property, and welfare of the public in the practice of their profession. The public as used in this section and other rules is defined as any individual(s), client(s), business or public entities, or any member of the general population whose normal course of life might reasonably include an interaction of any sort with the surveying work of the registration holder.(b) Surveyors shall not perform any surveying function which, when measured by generally accepted surveying standards or procedures, is reasonably likely to result in the endangerment of lives, health, safety, property, or welfare of the public. Any act or conduct which constitutes incompetence or gross negligence, or a criminal violation of law, constitutes misconduct and shall be subject to disciplinary action by the board.(c) Surveyors shall first notify involved parties of any land surveying decisions or practices that might endanger the health, safety, property or welfare of the public. When, in a surveyor's judgment, any risk to the public remains unresolved, that surveyor shall report any fraud, gross negligence, incompetence, misconduct, unethical or illegal conduct to the board or to proper civil or criminal authorities.", "sourceNote": "Source Note: The provisions of this §138.55 adopted to be effective April 1, 2021, 46 TexReg 2018." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209347", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§138.57", "label": "Surveyors Shall Be Objective and Truthful" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204376", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surveyors shall issue statements only in an objective and truthful manner. The issuance of oral or written assertions in the practice of surveying shall not be:(1) fraudulent;(2) deceitful; or(3) misleading or shall not in any manner whatsoever tend to create a misleading impression.(b) Surveyors shall make affected parties aware of the surveyors' professional concerns regarding particular actions or projects, and of the consequences of surveying decisions or judgments that are overruled or disregarded.(c) The surveyor shall disclose a potential conflict of interest to a potential or current client or employer upon discovery of the possible conflict.(d) A potential conflict of interest exists when a surveyor accepts employment when a reasonable probability exists that the surveyor's own financial, business, property, or personal interests may affect any professional judgment, decisions, or practices exercised on behalf of the client or employer. A surveyor may accept such an employment only if all parties involved in the potential conflict of interest are fully informed in writing and the client or employer confirms the knowledge of the potential conflict in writing. A surveyor in a potential conflict of interest employment shall maintain the interests of the client and other parties as provided by §138.61 of this title (relating to Surveyors Shall Maintain Confidentiality of Clients) and other rules and statutes.", "sourceNote": "Source Note: The provisions of this §138.57 adopted to be effective April 1, 2021, 46 TexReg 2018; amended to be effective July 3, 2022, 47 TexReg 3688." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204376", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§138.59", "label": "Surveyors' Actions Shall Be Competent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209348", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surveyors shall practice only in their areas of competence.(b) The surveyor shall not perform any surveying assignment for which the surveyor is not qualified by education or experience to perform adequately and competently. However, a surveyor may accept an assignment which includes phases outside of the surveyor's area of competence if those other phases are performed by qualified registered professionals, consultants, associates, or employees.(c) The surveyor shall not express a surveying opinion which is contrary to generally accepted surveying principles without fully disclosing the basis and rationale for such an opinion.", "sourceNote": "Source Note: The provisions of this §138.59 adopted to be effective April 1, 2021, 46 TexReg 2018." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209348", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§138.61", "label": "Surveyors Shall Maintain Confidentiality of Clients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204378", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The surveyor may reveal confidences and private information only with a fully informed client's or employer's consent, or when required by law or court order; or when those confidences, if left undisclosed, would constitute a threat to the health, safety, or welfare of the public.(b) The surveyor shall not use a confidence or private information regarding a client or employer to the disadvantage of such client or employer or for the advantage of a third party.(c) The surveyor shall exercise reasonable care to prevent unauthorized disclosure or use of private information or confidences concerning a client or employer by the surveyor's employees and associates.", "sourceNote": "Source Note: The provisions of this §138.61 adopted to be effective April 1, 2021, 46 TexReg 2018; amended to be effective July 3, 2022, 47 TexReg 3688." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204378", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§138.63", "label": "Surveyors' Responsibility To The Profession" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204379", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Surveyors shall engage in professional and business activities related to the practice of surveying in an honest and ethical manner.(b) The surveyor must:(1) meet all of the applicable professional practice requirements of federal, state and local statutes, codes, regulations, rules, ordinances or standards in the performance of surveying services;(2) exercise reasonable care or diligence to prevent the surveyor's partners, associates, and employees from engaging in conduct which, if done by the surveyor, would violate any provision of the Surveying Act, board rule, or any of the professional practice requirements of federal, state and local statutes, codes, regulations, rules or ordinances in the performance of surveying services;(3) exercise reasonable care to prevent the association of the surveyor's name, professional identification, seal, firm or business name in connection with any venture or enterprise which the surveyor knows, or should have known, is engaging in trade, business or professional practices of a fraudulent, deceitful, or dishonest nature, or any action which violates any provision of the Surveying Act or board rules;(4) act as faithful agent for their employers or clients;(5) conduct surveying and related business affairs in a professional manner in interactions with involved parties and employees. Unprofessional conduct may include, but is not limited to, misrepresentation in billing; sale and/or performance of unnecessary work; or conduct that harasses or intimidates another party; and(6) practice surveying in a careful and diligent manner.(c) The surveyor shall not:(1) aid or abet, directly or indirectly, any unlicensed person or business entity in the unlawful practice of surveying;(2) retaliate against a person who provides reference material for an application for a license or who in good faith attempts to bring forward an allegation of wrongdoing;(3) give, offer, or promise to pay or deliver, directly or indirectly, any commission, gift, favor, gratuity, benefit, or reward as an inducement to secure any specific surveying work or assignment;(4) accept compensation or benefits from more than one party for services pertaining to the same project or assignment; or(5) solicit professional employment in any false or misleading advertising.(d) Surveyors should strive to promote responsibility, commitment, and ethics both in the education and practice phases of surveying. They should attempt to enhance society's awareness of surveyors' responsibilities to the public and encourage the communication of these principles of ethical conduct among surveyors.", "sourceNote": "Source Note: The provisions of this §138.63 adopted to be effective April 1, 2021, 46 TexReg 2018." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204379", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "C", "label": "PROFESSIONAL CONDUCT AND ETHICS" }, "rule": { "number": "§138.65", "label": "Action in Another Jurisdiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202492", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The surveyor shall not practice or offer to practice surveying in any other jurisdiction in violation of the laws regulating the practice of professional surveying in that jurisdiction. A finding by such jurisdiction of illegal practice or offer to practice is misconduct and will subject the surveyor to disciplinary action in Texas.(b) Any disciplinary actions taken by another jurisdiction on a matter which would constitute a violation of the Surveying Act or board rules shall be sufficient cause for disciplinary action by this board. A certified copy of the board Order or Final Action from another jurisdiction shall be sufficient evidence to take disciplinary action in this state.", "sourceNote": "Source Note: The provisions of this §138.65 adopted to be effective April 1, 2021, 46 TexReg 2018." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202492", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "D", "label": "FIRM AND GOVERNMENT ENTITY COMPLIANCE" }, "rule": { "number": "§138.73", "label": "Firm Record Modifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227279", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each registered surveying firm shall notify the board in writing not later than 30 days after a change in the business entity's:(1) physical or mailing address, electronic mail address, telephone or facsimile number or other contact information;(2) officers or directors;(3) employment status of the professional surveyors of the firm;(4) operation including dissolution of the firm or if the firm no longer offers to provide or is not providing surveying services to the public in Texas; or(5) operation including addition or dissolution of branch and/or subsidiary offices.(b) Notice shall include, as applicable, the:(1) full legal trade or business name of the entity;(2) the firm registration number;(3) telephone number of the business office;(4) name and license number of the license holder employed or leaving the entity;(5) description of the change; and(6) effective date of this change.", "sourceNote": "Source Note: The provisions of this §138.73 adopted to be effective January 1, 2021, 45 TexReg 9519." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227279", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "D", "label": "FIRM AND GOVERNMENT ENTITY COMPLIANCE" }, "rule": { "number": "§138.75", "label": "Registration Renewal and Expiration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The certificate of registration must be renewed every two years. The certificate of registration shall expire on the date assigned by the board and as specified in the board's records. The board shall notify each firm holding a certificate of registration of the date of the expiration and the amount of the fee that shall be required for its renewal, at least one month in advance of the date of the expiration. The renewal notice shall be mailed to the last address provided by the firm to the board. The certificate of registration may be renewed by completing the renewal application and paying registration renewal fee set by the board. It is the sole responsibility of the firm to pay the required renewal fee prior to the expiration date, regardless of whether the renewal notice is received. (b) A certificate of registration which has been expired for less than one year may be renewed by completing the renewal statement sent by the board and payment of a late renewal fee. When renewing an expired certificate of registration, the authorized official of the firm shall submit a written a statement of whether surveying services were offered, pending, or performed for the public in Texas during the time the certificate of registration was expired.(c) If a certificate of registration has been expired for more than one year, the firm must re-apply for certification under the laws and rules in effect at the time of the new application and shall be issued a new certificate of registration serial number if the new application is approved.(d) The renewal fee will not be refunded.", "sourceNote": "Source Note: The provisions of this §138.75 adopted to be\r\neffective January 1, 2021, 45 TexReg 9519; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202494", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "D", "label": "FIRM AND GOVERNMENT ENTITY COMPLIANCE" }, "rule": { "number": "§138.77", "label": "Firm Registration Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202495", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any firm or other business entity shall not offer or perform surveying services to the public unless registered with the board, pursuant to the requirements of Chapter 136 of this title (relating to Firm Registration).(b) A firm shall provide that at least one full-time active registration holder is employed with the entity and that an active registration holder performs or directly supervises all surveying work and activities that require a registration that are performed in the primary, branch, remote, or project office(s).(c) An active registration holder who is a sole practitioner shall satisfy the requirement of the regular, full-time employee.(d) No surveying services are to be offered to or performed for the public in Texas by a firm while that firm does not have a current certificate of registration.(e) A business entity that offers or is engaged in the practice of surveying in Texas and is not registered with the board or has previously been registered with the board and whose registration has expired shall be considered to be in violation of the Act and board rules and will be subject to administrative penalties as set forth in the Act and board rules.(f) The board may revoke a certificate of registration that was obtained in violation of the Act and/or board rules including, but not limited to, fraudulent or misleading information submitted in the application or lack of employee relationship with the designated professional surveyor for the firm.(g) If a firm has notified the board that it is no longer offering or performing surveying services to the public, including the absence of a regular, full-time employee who is an active professional surveyor registered in Texas, the certificate of registration record will be placed in inactive status until the board is notified of resumed offering and performing of services. If the firm certificate of registration is inactive, the certificate of registration will expire under the same requirements of subsection (e) of this section unless renewed.(h) All surveying documents released, issued, or submitted by or for a registered surveying firm, including preliminary documents, must clearly indicate the firm name and registration number.(i) A firm registered under Chapter 136 of this title may voluntarily surrender the registration by submitting a request in writing provided that the firm:(1) is in good standing; and(2) does not have an enforcement case pending before the board.(j) A firm registration that has been voluntarily surrendered may not be renewed. A firm which has voluntarily surrendered a registration may apply for a new registration.(k) Each firm offering surveying services to the public shall notify consumers and service recipients of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. This can be accomplished by:(1) A sign prominently displayed in the place of business of each registrant offering professional land surveying services;(2) On a bill for professional land surveying service;(3) On each written contract for services; or(4) On a firm's website.", "sourceNote": "Source Note: The provisions of this §138.77 adopted to be effective January 1, 2021, 45 TexReg 9519." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202495", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "D", "label": "FIRM AND GOVERNMENT ENTITY COMPLIANCE" }, "rule": { "number": "§138.79", "label": "Standards for Compliance with Professional Services Procurement Act" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204282", "queryAsDate": "03/11/2026" }, "ruleBody": "When procuring professional surveying services, a governmental entity and/or its representative(s) shall comply with the requirements of Subchapter A, Chapter 2254, Texas Government Code and shall select and award on the basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price and shall not select services or award contracts on the basis of competitive bidding.", "sourceNote": "Source Note: The provisions of this §138.79 adopted to be effective January 1, 2021, 45 TexReg 9519." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204282", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "PROFESSIONAL AND TECHNICAL STANDARDS" }, "rule": { "number": "§138.81", "label": "Introduction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204380", "queryAsDate": "03/11/2026" }, "ruleBody": "Professional land surveying performed in Texas, unless otherwise specifically exempted herein, shall meet or exceed the requirements of these standards. The Board considers any survey, the purpose of which is to delineate, segregate, separate, or partition any interest in real property of any kind, under these standards except when prepared pursuant to §138.93 of this title (relating to Subdivision Plat).", "sourceNote": "Source Note: The provisions of this §138.81 adopted to be effective March 21, 2021, 46 TexReg 1639." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204380", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "PROFESSIONAL AND TECHNICAL STANDARDS" }, "rule": { "number": "§138.83", "label": "Precision and Accuracy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204381", "queryAsDate": "03/11/2026" }, "ruleBody": "Survey measurements shall be made with equipment and methods of practice capable of attaining the accuracy and tolerances required by the professional land surveying services being performed. Areas, if reported, shall be produced, recited, and/or shown only to the least significant number compatible with the precision of closure.", "sourceNote": "Source Note: The provisions of this §138.83 adopted to be effective April 1, 2021, 46 TexReg 2019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204381", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "PROFESSIONAL AND TECHNICAL STANDARDS" }, "rule": { "number": "§138.85", "label": "Boundary Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204382", "queryAsDate": "03/11/2026" }, "ruleBody": "When delineating a boundary line as an integral portion of a survey, the land surveyor shall:(1) Respect junior/senior rights for boundary retracement;(2) Follow the footsteps of the original land surveyor;(3) Follow the documented records of the land title affecting the boundaries being surveyed;(A) Rely on the appropriate deeds and/or other documents including those for adjoining parcels for the location of the boundaries of the subject parcel(s).(B) A land surveyor assuming the responsibility of performing a land survey also assumes the responsibility for such research of adequate thoroughness to support the determination of the location of the boundaries of the land being surveyed. The land surveyor may rely on record data related to the determination of boundaries furnished for the registrants' use by a qualified provider, provided the registrant reasonably believes such data to be sufficient and notes, references, or credits the documentation by which it is furnished.(C) All boundaries shall be connected to identifiable physical monuments related to corners of record dignity. In the absence of such monumentation the land surveyor's opinion of the boundary location shall be supported by other appropriate physical evidence, which shall be explained in a land surveyor's sketch or written report.(D) Shall review the record instruments that identify the adjacent properties researched to prepare the boundary and cite the record instruments on the drawing.(4) Follow the intent of the boundary location as evidenced by the record; and(5) Respect the proper application of the rules of dignity (priority) of calls, and applicable statutory and case law of Texas.", "sourceNote": "Source Note: The provisions of this §138.85 adopted to be effective April 1, 2021, 46 TexReg 2019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204382", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "PROFESSIONAL AND TECHNICAL STANDARDS" }, "rule": { "number": "§138.87", "label": "Monumentation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204383", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All monuments set by registered professional land surveyors shall be set at sufficient depth to retain a stable and distinctive location and be of sufficient size to withstand the deteriorating forces of nature and shall be of such material that in the land surveyor's judgment will best achieve this goal.(b) When delineating a property or boundary line as an integral portion of a survey, the land surveyor must set, or leave as found, an adequate quantity of monuments of a stable and reasonably permanent nature to represent or reference the property or boundary corners. All survey markers shall be shown and described with sufficient evidence of the location of such markers on the land surveyors' drawing, written description or report.(c) All metes and bounds descriptions prepared as an exhibit to be used in easements shall be tied to corners of record related to the boundary of the affected tract in accordance with subsection (b) of this section.(d) Where practical, all monuments set by a Professional Land Surveyor to delineate or witness a boundary corner shall be marked in a way that is traceable to the responsible registrant or associated employer.", "sourceNote": "Source Note: The provisions of this §138.87 adopted to be effective April 1, 2021, 46 TexReg 2019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204383", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "PROFESSIONAL AND TECHNICAL STANDARDS" }, "rule": { "number": "§138.89", "label": "Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204384", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the land surveyor certifies, or otherwise indicates, that his/her product or service meets a standard of practice in addition to that promulgated by the board, then the failure to so meet both standards may be considered by the board, for disciplinary purposes, to be misleading the public.(b) A land surveyor shall certify only to factual information that the land surveyor has knowledge of or to information within his professional expertise as a land surveyor unless otherwise qualified.(c) Registered professional land surveyors may certify, using the registrant's signature and official seal, services which are not within the definition of professional land surveying as defined in the Act, provided that such certification does not violate any Texas or federal law.", "sourceNote": "Source Note: The provisions of this §138.89 adopted to be effective April 1, 2021, 46 TexReg 2019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204384", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "PROFESSIONAL AND TECHNICAL STANDARDS" }, "rule": { "number": "§138.91", "label": "Survey Drawing/Written /Description/Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204385", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All reports shall delineate the relationship between record monuments and the location of the boundaries surveyed; such relationship shall be shown on the survey drawing, if a drawing is prepared, and/or separate report and recited in the description with the appropriate record references recited thereon and therein.(b) Every description prepared for the purpose of defining boundaries shall provide a definite and unambiguous identification of the location of such boundaries and shall describe all monuments found or placed.(c) Courses shall be referenced by notation upon the survey drawing to an identifiable and monumented line or an established geodetic system for directional control.(d) The survey drawing shall bear the firm name and firm registration number, the land surveyor's name, address, and phone number who is responsible for the land survey, his/her official seal, his/her original signature per Subchapter B of this chapter (Sealing Requirements), and date surveyed.(e) Boundary monuments found or placed by the land surveyor shall be described upon the survey drawing. The land surveyor shall note upon the survey drawing, which monuments were found, which monuments were placed as a result of his/her survey, and other monuments of record dignity relied upon to establish the corners of the property surveyed.(f) If any report consists of more than one part, each part shall note the existence of the other part or parts.(g) If a land surveyor provides a written narrative in lieu of a drawing/sketch to report the results of a survey, the written narrative shall contain sufficient information to demonstrate the survey was conducted in compliance with the Act and rules of the board.", "sourceNote": "Source Note: The provisions of this §138.91 adopted to be effective April 1, 2021, 46 TexReg 2019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204385", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "PROFESSIONAL AND TECHNICAL STANDARDS" }, "rule": { "number": "§138.93", "label": "Subdivision Plat" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204386", "queryAsDate": "03/11/2026" }, "ruleBody": "When submitting a subdivision plat to a political subdivision of this state for review and recording, the surveyor shall apply and adhere to the Surveying Act and board rules when establishing or delineating the perimeter boundary of the purposed subdivision. The surveyor shall abide by and conform to the provisions of the state code and any local codes and ordinances as to any other platting requirements.", "sourceNote": "Source Note: The provisions of this §138.93 adopted to be effective April 1, 2021, 46 TexReg 2019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204386", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "PROFESSIONAL AND TECHNICAL STANDARDS" }, "rule": { "number": "§138.95", "label": "Descriptions Prepared for Political Subdivisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204387", "queryAsDate": "03/11/2026" }, "ruleBody": "A registrant or licensee may prepare, sign, and seal a metes and bounds description from public land title records upon satisfying all of the following minimum conditions:(1) The description is prepared for a political subdivision of the state (which is defined as a county, city, district, or other body politic of the state having a jurisdiction over only a portion of the state) for the sole purpose of defining or modifying the boundaries of the political subdivision;(2) The description must be unambiguous and locatable on the ground by ordinary surveying procedures;(3) Any record monument or physical monumentation called for in the description must be in place at the time the surveyor prepares the description and the surveyor must have personal knowledge of such monument sufficient to give a proper current description for the monument and its accessories;(4) The surveyor signing the work must have performed an on the ground survey to support any course and distance recited in the description, except that the description may quote courses and distances from recorded documents (such as deeds) as long as the recording reference for any recited document is also quoted in the description; and(5) Any survey document prepared under this rule shall bear a note as follows: \"This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.\"", "sourceNote": "Source Note: The provisions of this §138.95 adopted to be effective April 1, 2021, 46 TexReg 2019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204387", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "138", "label": "COMPLIANCE AND PROFESSIONALISM FOR SURVEYORS" }, "subchapter": { "number": "E", "label": "PROFESSIONAL AND TECHNICAL STANDARDS" }, "rule": { "number": "§138.97", "label": "Easement Depiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202240", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An easement depiction prepared by any person registered or licensed under the Surveying Act shall adhere to all rules promulgated by the board except where:(1) the easement area can be clearly ascertained without reference to a metes and bounds description of the easement; and(2) the easement does not bisect or protrude into the tract (leaving non-easement areas on opposite sides of the easement strip).(b) An easement's legal description or plat depiction meets the requirements of the exception to this rule when the easement:(1) is a blanket easement; or(2) the easement:(A) is within a tract of land or lot depicted in a recorded subdivision plat;(B) can be clearly defined and located without a metes and bounds description; and(C) is adjoining to a platted boundary line.(c) A \"construction estimate\", as used in §1071.004 of the Surveying Act, means a depiction of a possible easement route for planning purposes.", "sourceNote": "Source Note: The provisions of this §138.97 adopted to be effective April 1, 2021, 46 TexReg 2019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202240", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "A", "label": "ENFORCEMENT AUTHORITY" }, "rule": { "number": "§139.1", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202241", "queryAsDate": "03/11/2026" }, "ruleBody": "The board will conduct inquiries into situations which allegedly violate the requirements of the Engineering or Surveying Acts and board rules concerning the practice of engineering or land surveying; representations which imply the legal capacity to offer or perform engineering or land surveying services for the public; and situations which are considered by the board to pose or have caused harm to the public. Situations that represent a repeat offense, a danger or nuisance to the public, or that cannot be reasonably resolved through voluntary compliance, will be disposed of by administrative, civil, or criminal proceedings as authorized by law.", "sourceNote": "Source Note: The provisions of this §139.1 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202241", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "B", "label": "COMPLAINT PROCESS AND PROCEDURES" }, "rule": { "number": "§139.11", "label": "Complaints--General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215835", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall initiate or receive and investigate a complaint against a license or registration holder or other person who may have violated the Act or board rules.(b) The board shall maintain the confidentiality of the complaint from receipt through the investigation of the complaint. The complaint information will no longer be confidential after formal charges are filed with the State Office of Administrative Hearings or after the investigative file is closed. The following documents in an investigative file are releasable to a respondent or an attorney representing the respondent before the Board during the informal resolution process of a complaint: copies of the original complaint documentation; copies of communications to or from the Board and the complainant, the respondent, witnesses, technical experts used by the Board to advise on the complaint issues, and private or public entities regarding requests for records, documents, or information regarding the complaint; and witness interview reports.(c) The provisions of the Acts and the provisions of the Administrative Procedure Act , Chapter 2001, Texas Government Code, shall apply to the conduct of all investigations and administrative actions in the board's processing of a complaint. In addition, the board may promulgate other procedural rules consistent with the Acts or Chapter 2001, Texas Government Code.", "sourceNote": "Source Note: The provisions of this §139.11 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10178; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215835", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "B", "label": "COMPLAINT PROCESS AND PROCEDURES" }, "rule": { "number": "§139.13", "label": "Filing a Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who wishes to make a complaint with the board may obtain assistance, filing information, or contact the board by:(1) visiting the board website at http://pels.texas.gov;(2) sending electronic mail to complaints@pels.texas.gov;(3) sending written correspondence to: 1917 S. Interstate 35, Austin, Texas 78741-3702;(4) sending fax to (512) 440-5715;(5) telephoning the board office at (512) 440-7723; or(6) visiting the board office located at 1917 S. Interstate 35, Austin, Texas.(b) A person may submit the complaint in writing through mail, electronic mail or facsimile.(c) A complainant may contact the board in person or by telephone to file a complaint. However, the complaint shall be submitted in writing containing sufficient information to determine jurisdiction.(d) A complaint shall be on the forms provided by the board or in written format and contain the following information as applicable:(1) complainant's name and contact information;(2) description of the alleged violation;(3) name and contact information of the subject or parties of the complaint, if known;(4) sections of the Act and board rules alleged violated, if known;(5) name and contact information of witnesses, if known; and(6) sources of other pertinent information, if known.(e) Contact information may include, but is not limited to, name, address, telephone number, email address, business name, business address, business telephone number, and websites.(f) A complaint shall contain sufficient information for the board to determine whether it has authority to resolve the complaint.(g) Anonymous complaints will be received but will not be investigated unless sufficient information and evidence exists to demonstrate harm or potential harm to the public or violation of Acts or board rules. Anonymous complaints that do not contain sufficient evidence and information to initiate an investigation will be logged and filed for information purposes only.", "sourceNote": "Source Note: The provisions of this §139.13 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10179; amended to be effective September 9, 2012, 37 TexReg 6915; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181494", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "B", "label": "COMPLAINT PROCESS AND PROCEDURES" }, "rule": { "number": "§139.15", "label": "Processing a Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209349", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receipt of the written complaint and supporting evidence, it will be logged and assigned a case number.(b) The board staff shall review the complaint. If the complaint does not contain sufficient information to determine whether the board has jurisdiction or is determined to be outside the board's authority, the board staff may interview the complainant to develop additional information. If the board staff determines that a potential violation exists, the board staff will proceed with the investigation. If board staff concludes that the complaint resulted from a misunderstanding, is outside the jurisdiction of the board, or is without merit, the board staff will recommend to the executive director that the investigation be closed and that the complaint be dismissed. If the executive director concurs with the recommendation, the complainant will be so notified and the investigation will be closed. The board staff shall write a dismissal explanation for the dismissed complaint and close the file.(c) If a potential violation exists and the board has jurisdiction over and authority to resolve the complaint, the board staff shall set a priority for the complaint and initiate disciplinary proceedings against the subject of the complaint. In setting the priority for complaints, a complaint from the public or initiated by the board or board staff that alleges action that could potentially harm the public shall be rated highest priority and investigation for this type complaint takes precedence over all other complaints. Complaints rating highest priority may include, but are not limited to, those complaints involving incompetence, gross negligence, plan stamping, or practicing without a license. The board staff shall report status of the investigation and preliminary determination to the executive director and complainant within 45 days of receiving complaint that rates as a high priority.", "sourceNote": "Source Note: The provisions of this §139.15 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10179; amended to be effective December 11, 2016, 41 TexReg 9706." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209349", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "B", "label": "COMPLAINT PROCESS AND PROCEDURES" }, "rule": { "number": "§139.17", "label": "Investigating a Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board staff shall be responsible for investigating the complaint including determining the need for and obtaining any additional evidence that may be required to proceed with disciplinary action.(b) Board staff and persons acting in the official capacity of the board have authority to:(1) informally or formally request information and documentation from the involved parties;(2) perform site visits or inspections to investigate the complaint;(3) contract technical consultants and other services to investigate and evaluate aspects of the complaint or evidence;(4) subpoena information, as required;(5) seek the assistance of local and state law enforcement authorities; and/or(6) seek out any other investigative action needed to assist in the resolution of the complaint.(c) Upon determination that sufficient evidence exists to indicate that a violation of law or rules may have occurred, the executive director shall notify the person or entity by personal service or by certified or registered mail of the alleged violation. The respondent will be afforded the opportunity to respond to the complaint to show that the actions which precipitated the complaint are not in violation of the Acts or board rules.(d) At any time before a complaint is resolved, board staff may conduct further investigation including, but not limited to, obtaining second or third opinions, obtaining supporting documents, or interviewing other witnesses, depending on the case at hand.(e) If the board staff intends to dismiss the complaint because the investigation of the complaint does not produce sufficient evidence to substantiate a violation of the Acts or board rules, the board staff will inform the complainant of the rationale for the determination prior to reporting the dismissal to the board.(f) Withdrawal of a complaint shall not be a reason to terminate or disrupt an ongoing investigation.(g) At least quarterly until final disposition of the complaint, the board shall notify the parties to the complaint of the complaint status, unless the notice would jeopardize an undercover investigation, and such notation shall be included in the complaint file.", "sourceNote": "Source Note: The provisions of this §139.17 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10179; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective December 25, 2020, 45 TexReg 9206; amended to be effective July 3, 2022, 47 TexReg 3689." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202244", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "B", "label": "COMPLAINT PROCESS AND PROCEDURES" }, "rule": { "number": "§139.19", "label": "Final Resolution of Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202245", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon the completion of an investigation, the board staff shall present to the executive director a report of investigation and recommendation of final resolution of the complaint. If sufficient evidence and documentation exists to substantiate one or more violations of the Act or board rules has occurred, the board shall proceed as prescribed in §139.31 of this chapter (relating to Enforcement Actions for Violations of the Acts and Board Rules). These actions may include, but are not limited to, one or more of the following:(1) enter into an agreement of voluntary compliance;(2) agree to informal Consent Order or Agreed Board Order that may include an administrative penalty and/or compliance requirements;(3) agree to mediation and alternative dispute resolution prescribed in §131.113 of this title (relating to Mediation and Alternative Dispute Resolution);(4) referral of injunctive or criminal actions to the proper authorities;(5) referral to the State Office of Administrative Hearings; or(6) other action as provided by law.(b) If sufficient evidence and documentation does not exist to substantiate that one or more violations of the Acts or board rules has occurred and disciplinary action is not warranted, the board staff shall recommend to dismiss the complaint and report the dismissal to the board.", "sourceNote": "Source Note: The provisions of this §139.19 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10180; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective March 15, 2018, 43 TexReg 1441; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202245", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "B", "label": "COMPLAINT PROCESS AND PROCEDURES" }, "rule": { "number": "§139.21", "label": "Reporting Complaint Status to the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227280", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director shall provide a summary report on the status of all complaints at the regularly scheduled board meetings. The report shall include:(1) number of complaints filed;(2) number of complaints received in each category;(3) number of complaints initiated by the board;(4) number of complaints filed by persons other than the board;(5) the average length of time to resolve a complaint by totaling all the days accumulated for all resolved complaints and dividing by the total number of resolved complaints during the reporting period;(6) number of complaints that are unresolved, including:(A) by those filed by the board, or(B) by those filed by persons other than the board, and(C) including the average length of time the unresolved complaints have been on file obtained by summing the days accumulated for all unresolved complaints and dividing by the total number of unresolved complaints;(7) number of dismissed cases; and(8) number of complaints resulting in disciplinary action including the disciplinary action taken and whether the action was imposed by stipulation, agreed settlement, consent order, default, or order following a contested case hearing.(b) The executive director shall report dismissed complaints to the board and shall include in the report the following information:(1) name of the complainant,(2) name of the person who is subject of the complaint,(3) the basis of the complaint, and(4) the reason for the dismissal of the complaint.(c) If the executive director determines that the complaint filed is frivolous or without merit, the case information will be classified as confidential and as such the information is not subject to discovery, subpoena, and or other disclosure. The board shall approve this action upon acceptance of the report and the case will then be closed. Closed cases will not be reconsidered for classification under this rule.(1) A \"frivolous complaint\" means a complaint that the executive director has determined:(A) was made for the purpose of harassment; and(B) does not demonstrate harm to any person.(2) A complaint that is determined by the executive director to be \"without merit\" would include situations where a:(A) professional engineer, professional land surveyor, individual, or firm has been determined to not be responsible or connected in any way with the alleged violative action in the complaint, as it relates to a violation of the Engineering or Surveying Acts and/or board rules; or(B) case has been determined to be outside the jurisdiction of the board; or(C) case has been determined to have been administratively opened in error.", "sourceNote": "Source Note: The provisions of this §139.21 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective January 1, 2006, 30 TexReg 8688; amended to be effective December 21, 2008, 33 TexReg 10180; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227280", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "B", "label": "COMPLAINT PROCESS AND PROCEDURES" }, "rule": { "number": "§139.22", "label": "Reporting Complaints Made Against Licenses Issued to Military Service Members, Military Veterans, or Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202246", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Texas Occupations Code §55.0043, the executive director shall maintain a record of each complaint made against a military service member, military veteran, or military spouse who was issued a license or whose out-of-state license was recognized under §133.29 of this title (relating to Application For Licensure For Military Service Members, Military Veterans, And Military Spouses) or §134.29 of this title (relating to Application For Licensure For Military Service Members, Military Veterans, And Military Spouses.)(b) At least quarterly, the executive director shall publish on the Board's website the record of complaints kept in accordance with subsection (a) of this section and, as available, a general description of the disposition of each complaint.", "sourceNote": "Source Note: The provisions of this §139.22 adopted to be\r\neffective January 7, 2026, 51 TexReg 139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202246", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "B", "label": "COMPLAINT PROCESS AND PROCEDURES" }, "rule": { "number": "§139.23", "label": "Technical Consultants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202247", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director may employ or contract with or gain technical advice from technical consultants, including, but not limited to, advisors, consultants, engineers, land surveyors, and other persons to provide technical assistance in investigations and disciplinary proceedings. In the course of performing the person's official duties for the board, technical consultants are immune from civil liability and may not be subject to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding made, or other action taken, except for when an action involves fraud, conspiracy, or malice.(b) The executive director may select technical consultants on the basis of their qualifications and may maintain a list of experts as technical consultants. The selection process may require documentation of a technical consultants qualifications including transcripts; verifiable experience records; references statements; texts, articles, and other published works; and compliance history and records. The board may interview prospective technical consultants. The board shall review a potential technical consultant's documentation to determine if the person's records demonstrate expert status and competency in a technical area. A technical consultant must inform the board and decline an assignment if the resource has personal knowledge of the complaint, parties involved in the complaint, or other conflicts of interest.(c) During the course of an investigation, the executive director may dismiss a technical consultant that does not possess the technical knowledge to assist in the investigation or for any other reason relevant to the investigation.", "sourceNote": "Source Note: The provisions of this §139.23 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10180; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202247", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "C", "label": "ENFORCEMENT PROCEEDINGS" }, "rule": { "number": "§139.31", "label": "Enforcement Actions for Violations of the Acts or Board Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Under the authority and provisions of the Engineering Act and the Land Surveying Act, the board shall take action against a person or entity, upon determination that censure is warranted, for a violation of the Acts and/or board rules. An action may be composed of one or more of the following:(1) revocation of a license or registration;(2) suspension of a license or registration;(3) probation of a suspended license or registration;(4) refusal to renew a license or registration;(5) issuance of a formal or informal reprimand;(6) cease and desist order;(7) voluntary compliance agreement;(8) emergency suspension; or(9) assessment of an administrative penalty.(b) All actions issued by the board will take the form of a Board Order and shall be permanently recorded and made available upon request as public information. Except for an informal reprimand, all enforcement actions shall be published in the board newsletter and on the board website, may be issued in a press release, and shall be transmitted to the National Council of Examiners for Engineering and Surveying.(c) The respondent shall be afforded an opportunity to present rebuttals, arguments, and evidence prior to the initiation of disciplinary proceedings. If a respondent does not respond, the board may proceed with a contested case hearing at the State Office of Administrative Hearings.", "sourceNote": "Source Note: The provisions of this §139.31 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 10, 2006, 31 TexReg 9833; amended to be effective December 21, 2008, 33 TexReg 10181; amended to be effective December 17, 2013, 38 TexReg 9047; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202248", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "C", "label": "ENFORCEMENT PROCEEDINGS" }, "rule": { "number": "§139.33", "label": "Informal Settlement Conferences" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227281", "queryAsDate": "03/11/2026" }, "ruleBody": "If, after evaluation of the respondent's response a violation appears evident, the executive director shall initiate enforcement action. Before proceeding with the formal contested case hearing process, the respondent shall have an opportunity to resolve the allegations informally.(1) The executive director may also offer the respondent a Consent Order that will be presented to the board for acceptance or rejection. If the respondent declines such an offer, or if the board rejects it, the procedures in paragraphs (2) or (3) of this section will be followed.(2) The respondent may request an informal settlement conference to present additional evidence and discuss details of the allegation. Upon receipt of such a request the executive director shall schedule a conference at the board office or other location, and shall appoint an informal settlement conference committee composed of one board member or board representative, the executive director or executive director's designee, and legal counsel; the committee may meet and act provided that no more than one committee member is absent. Other persons designated by the respondent or the executive director may be present as resources or as legal counsel to respondent. The informal settlement conference committee shall hear the details of the allegations and shall recommend:(A) dismissal;(B) a proposal for an Agreed Board Order for disciplinary actions that will be presented to the board for acceptance or rejection; or(C) scheduling of a formal hearing.(3) Any board action under this subsection which is not informally disposed by Agreed or Consent Order, will be considered a contested case and will be handled in accordance with applicable law and board rules.", "sourceNote": "Source Note: The provisions of this §139.33 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 21, 2008, 33 TexReg 10181; amended to be effective December 25, 2020, 5 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227281", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "C", "label": "ENFORCEMENT PROCEEDINGS" }, "rule": { "number": "§139.35", "label": "Sanctions and Penalties - Engineering" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227282", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board, the executive director, an administrative law judge, and the participants in an informal settlement conference may arrive at a greater or lesser sanction than suggested in these rules. The minimum administrative penalty shall be $100 per violation. Pursuant to §1001.502(a) of the Act, the maximum administrative penalty shall be $5,000.00 per violation of Chapter 1001 or a rule adopted or order issued under that chapter. Each day a violation continues or occurs is considered a separate violation for the purpose of assessing an administrative penalty. Allegations and disciplinary actions will be set forth in the final board order, and the severity of the disciplinary action will be based on the following factors:(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act and the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2) the history of prior violations of the respondent;(3) the severity of penalty necessary to deter future violations;(4) efforts or resistance to efforts to correct the violations;(5) the economic harm to property or the environment caused by the violation; and(6) any other matters impacting justice and public welfare, including any economic benefit gained through the violations.(b) The following is a table of suggested sanctions the board may impose against license holders for specific violations of the Act or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued may be less than or greater than the suggested sanctions shown in the following table. Also, for those suggested sanctions that list \"suspension\", all or any portion of the sanction could be probated depending on the severity of each violation and the specific case evidence.Attached Graphic(c) The following is a table of suggested sanctions that may be imposed against a person or business entity for specific violations of the Act or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued could be less than or greater than the suggested sanctions shown in the following table.Attached Graphic(d) The following is a table of suggested sanctions that may be imposed against a person or business entity for violations of the Act or board rules involving firm registration. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued could be less than or greater than the suggested sanctions shown in the following table.Attached Graphic(e) The following is a table of suggested sanctions that may be imposed against a governmental entity and/or its representative for violations of the Act or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued could be less than or greater than the suggested sanctions shown in the following table. Injunctive action could also result from a second or later occurrence of these violations.Attached Graphic", "sourceNote": "Source Note: The provisions of this §139.35 adopted to be\r\neffective May 20, 2004, 29 TexReg 4882; amended to be effective January\r\n1, 2006, 30 TexReg 8688; amended to be effective March 20, 2006, 31\r\nTexReg 2158; amended to be effective June 20, 2006, 31 TexReg 4862;\r\namended to be effective September 4, 2006, 31 TexReg 7125; amended\r\nto be effective December 10, 2006, 31 TexReg 9834; amended to be effective\r\nApril 27, 2008, 33 TexReg 3267; amended to be effective December 21,\r\n2008, 33 TexReg 10182; amended to be effective December 11, 2011,\r\n36 TexReg 8377; amended to be effective June 18, 2012, 37 TexReg 4416;\r\namended to be effective September 9, 2012, 37 TexReg 6915; amended\r\nto be effective December 17, 2013, 38 TexReg 9047; amended to be effective\r\nDecember 11, 2016, 41 TexReg 9706; amended to be effective June 19,\r\n2017, 42 TexReg 3147; amended to be effective March 15, 2018, 43 TexReg\r\n1441; amended to be effective December 27, 2020, 45 TexReg 9208; amended\r\nto be effective July 3, 2022, 47 TexReg 3689; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227282", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "C", "label": "ENFORCEMENT PROCEEDINGS" }, "rule": { "number": "§139.37", "label": "Sanctions and Penalties - Surveying" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202249", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board, the executive director, an administrative law judge, and the participants in an informal settlement conference may arrive at a greater or lesser sanction than suggested in these rules. The minimum administrative penalty shall be $100 per violation. Pursuant to §1001.502(a) of the Act, the maximum administrative penalty shall be $1,500.00 per violation of Chapter 1071 or a rule adopted or order issued under that chapter. Each day a violation continues or occurs is considered a separate violation for the purpose of assessing an administrative penalty. Allegations and disciplinary actions will be set forth in the final board order and the severity of the disciplinary action will be based on the following factors:(1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act and the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2) the history of prior violations of the respondent;(3) the severity of penalty necessary to deter future violations;(4) efforts or resistance to efforts to correct the violations;(5) the economic harm to property or the environment caused by the violation; and(6) any other matters impacting justice and public welfare, including any economic benefit gained through the violations.(b) The following is a table of suggested sanctions the board may impose against license holders for specific violations of the Act or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued may be less than or greater than the suggested sanctions shown in the following table. Also, for those suggested sanctions that list \"suspension\", all or any portion of the sanction could be probated depending on the severity of each violation and the specific case evidence.Attached Graphic(c) The following is a table of suggested sanctions that may be imposed against a person or business entity for specific violations of the Act or board rules. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued could be less than or greater than the suggested sanctions shown in the following table.Attached Graphic(d) The following is a table of suggested sanctions that may be imposed against a person or business entity for specific violations of the Act or board rules involving firm registration. NOTE: In consideration of subsection (a)(1) - (6) of this section, the sanction issued could be less than or greater than the suggested sanctions shown in the following table.Attached Graphic", "sourceNote": "Source Note: The provisions of this §139.37 adopted to be\r\neffective December 27, 2020, 45 TexReg 9208; amended to be effective\r\nJuly 3, 2022, 47 TexReg 3689; amended to be effective January 7, 2026,\r\n51 TexReg 140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202249", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "D", "label": "SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS" }, "rule": { "number": "§139.41", "label": "License or Registration Holder with Renewable, Expired License or Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227283", "queryAsDate": "03/11/2026" }, "ruleBody": "A license or registration holder whose license or registration has expired for nonpayment of renewal fees continues to be subject to all provisions of the Acts and board rules governing license holders until the license is revoked by the board or becomes non-renewable under §1001.276.", "sourceNote": "Source Note: The provisions of this §139.41 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227283", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "D", "label": "SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS" }, "rule": { "number": "§139.43", "label": "License or Registration Holder with Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall follow the requirements of Chapter 53, Texas Occupations Code, and shall revoke the license or registration of any license or registration holder on the grounds of the license or registration holder's imprisonment following:(1) a felony conviction for:(A) an offense that directly relates to the duties and responsibilities of the licensed occupation as determined by the board;(B) an offense listed in Article 42A.054 Code of Criminal Procedure; or(C) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.(2) a felony community supervision revocation; (3) revocation of parole; or(4) revocation of mandatory supervision.(b) With the exception of the felony convictions listed in subsection (a)(1) of this section, the board shall follow the requirements of Chapter 53, Texas Occupations Code, and may revoke the license or registration of any license or registration holder on the grounds of the license or registration holder's imprisonment following a felony conviction.(c) The board shall follow the requirements of Chapter 53, Texas Occupations Code, and shall revoke the provisional license or registration of any provisional license or registration holder if the provisional license or registration holder:(1) commits a new offense;(2) commits an act or omission that causes the provisional license or registration holder's community supervision, mandatory supervision, or parole to be revoke, if applicable; or(3) violates the law or rules governing the practice of the occupation for which the provisional license or registration was issued.(d) The board, after it considers the factors provided in Texas Occupations Code §53.022 and §53.023, may take any of the actions set out in §139.31 of this chapter (relating to Enforcement Actions for Violations of the Acts or Board Rules) when a license or registration holder is convicted of a misdemeanor or a felony without incarceration if the crime directly relates to the license holder's duties and responsibilities as a professional engineer or professional land surveyor.(e) Any license or registration holder whose license or registration has been revoked under the provisions of this subsection may apply for a new license or registration upon release from incarceration, but the application shall be subject to additional scrutiny relating to the incarceration. Such scrutiny shall be in accordance with Chapter 53, Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §139.43 adopted to be\r\neffective May 20, 2004, 29 TexReg 4882; amended to be effective January\r\n1, 2006, 30 TexReg 8689; amended to be effective December 21, 2008,\r\n33 TexReg 10182; amended to be effective December 25, 2020, 45 TexReg\r\n9206; amended to be effective January 7, 2026, 51 TexReg 140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202251", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "D", "label": "SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS" }, "rule": { "number": "§139.45", "label": "Restitution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202252", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to or in lieu of an administrative penalty, the board may order a license or registration holder to pay restitution to a consumer as a result of an agreement resulting from an informal settlement conference. The amount of the restitution may not exceed the amount paid by the consumer to the person for a service regulated by the Acts.", "sourceNote": "Source Note: The provisions of this §139.45 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202252", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "D", "label": "SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS" }, "rule": { "number": "§139.47", "label": "Probation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202253", "queryAsDate": "03/11/2026" }, "ruleBody": "As part of a disciplinary action for violating the Acts and board rules including, but not limited to, negligence, incompetence, or endangerment to the public, the board may prescribe conditions of probation for each probated suspension on a case-by-case basis depending on the severity of the violation that will include reporting requirements, restrictions on practice, and/or continuing education requirements as applicable as described in this section.(1) The board will determine the reporting requirements for each probated suspension and will include a list of board probation requirements and schedule for completion of those requirements in which the board may require the license or registration holder to submit documentation including, but not limited to, client lists, job assignments, designs, proof of continuing education participation, restricted practice reports, and other documents concerning the practice of engineering or land surveying to demonstrate compliance with the conditions of probation. As a condition of probation, the license or registration holder shall accept that schedule deadlines are final and no extensions or revision shall be granted, unless approved by the board.(2) The board will receive and date stamp documentation on the day received and track compliance with probation requirements for each probated suspension. The board shall honor postmarks for date of submittal; however, if not received by the required deadline, the license holder shall have the burden of proof to demonstrate documentation was submitted by the schedule deadline.(3) As a condition of probation, the board may restrict the area of practice of the license or registration holder. The board may require the license or registration holder to practice under the supervision and mentorship of another professional engineer when performing engineering or another professional land surveyor when performing land surveying in the restricted areas of practice.(4) As a condition of probation, the board may require the license or registration holder to obtain additional continuing education in addition to the minimum requirements of §137.17 of this title (relating to Investigating a Complaint) and may prescribe formal classroom study, workshops, seminars, and other specific forms of continuing education.(5) Failure to comply with probation requirements shall result in lifting of probation and suspending of the license or registration for the remainder of the suspension period.", "sourceNote": "Source Note: The provisions of this §139.47 adopted to be effective May 20, 2004, 29 TexReg 4882; amended to be effective December 11, 2016, 41 TexReg 9706; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202253", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "D", "label": "SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS" }, "rule": { "number": "§139.49", "label": "License or Registration Suspension/Revocation Based on Status Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may review the status of a license or registration holder the board believes:(1) may have been issued a license or registration through fraud or error; or(2) may constitute a threat to the public health, safety, or welfare.(b) The board may, as set out in §139.31 of this chapter (relating to Enforcement Actions for Violations of the Acts or Board Rules), suspend or revoke a license or registration held by a person whose status is reviewed under this section.", "sourceNote": "Source Note: The provisions of this §139.49 adopted to be effective January 1, 2006, 30 TexReg 8689; amended to be effective December 21, 2008, 33 TexReg 10182; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202254", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "D", "label": "SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS" }, "rule": { "number": "§139.51", "label": "License or Registration Suspension Based on Delinquent Child Support" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111186", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Texas Family Code, Chapter 232, on receipt of a final order by the OAG (Office of the Attorney General) regarding delinquent child support, the board must suspend a professional engineer license or professional land surveyor registration until the OAG notifies the Board that the obligor has paid the child support, established a repayment schedule, has been granted an exception as part of a court-supervised plan, or successfully contested the denial of licensure.", "sourceNote": "Source Note: The provisions of this §139.51 adopted to be effective September 20, 2009, 34 TexReg 6323; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111186", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "E", "label": "HEARINGS" }, "rule": { "number": "§139.61", "label": "Contested Case Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202255", "queryAsDate": "03/11/2026" }, "ruleBody": "The State Office of Administrative Hearings shall conduct all formal hearings and contested cases in accordance with the Administrative Procedures Act, Chapter 2001, Texas Government Code and Title 1, Chapter 155, Texas Administrative Code.", "sourceNote": "Source Note: The provisions of this §139.61 adopted to be effective May 20, 2004, 29 TexReg 4882." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202255", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "139", "label": "ENFORCEMENT" }, "subchapter": { "number": "E", "label": "HEARINGS" }, "rule": { "number": "§139.63", "label": "Extensions of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227284", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board has authorized the Executive Director to act for the agency, on the Executive Director's own initiative or in response to a motion, to grant or deny an extension of time under the Administrative Procedures Act, §2001.142(e) (Sworn Motion) and under the Administrative Procedures Act, §2001.146(e) (Extending Deadline to File Motion For Rehearing).(b) Under §2001.147 of the Administrative Procedures Act, the board may approve an agreement of the parties to modify the times prescribed by the Administrative Procedures Act, §2001.143 (Time When Order Must Be Signed) and Administrative Procedures Act, §2001.146 (Extending the Deadline to File a Motion For Rehearing).", "sourceNote": "Source Note: The provisions of this §139.63 adopted to be effective September 20, 2009, 34 TexReg 6323; amended to be effective December 25, 2020, 45 TexReg 9206." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227284", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "140", "label": "CRIMINAL HISTORY AND CONVICTIONS" }, "subchapter": { "number": "A", "label": "CRIMINAL HISTORY AND CONVICTIONS" }, "rule": { "number": "§140.1", "label": "Criminal History and Convictions - Engineers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227285", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Texas Occupations Code, Chapter 53 provides that the board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license if the person has been convicted of an offense listed under §53.021(a) or has a deferred adjudication that qualifies as a conviction under §53.021(d). Any such action shall be made after consideration of the factors listed in Texas Occupations Code, §53.022 and §53.023 and the guidelines issued by the board under §53.025.(b) A person who is incarcerated because of a felony conviction may not be eligible to obtain a license or renew a previously issued license under board rules or any statute governing a profession regulated by the board.", "sourceNote": "Source Note: The provisions of this §140.1 adopted to be\r\neffective March 23, 2023, 48 TexReg 1562; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227285", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "6", "label": "TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS" }, "chapter": { "number": "140", "label": "CRIMINAL HISTORY AND CONVICTIONS" }, "subchapter": { "number": "A", "label": "CRIMINAL HISTORY AND CONVICTIONS" }, "rule": { "number": "§140.3", "label": "Criminal History and Convictions - Surveyors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216965", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Texas Occupations Code, Chapter 53 provides that the board may suspend or revoke an existing license or registration, disqualify a person from receiving a license or registration, or deny a person the opportunity to be examined for a license or registration if the person has been convicted of an offense listed under §53.021(a) or has a deferred adjudication that qualifies as a conviction under §53.021(d). Any such action shall be made after consideration of the factors listed in Texas Occupations Code, §53.022 and §53.023 and the guidelines issued by the board under §53.025.(b) A person who is incarcerated because of a felony conviction may not be eligible to obtain a license or registration or renew a previously issued license or registration under board rules or any statute governing a profession regulated by the board.", "sourceNote": "Source Note: The provisions of this §140.3 adopted to be\r\neffective March 23, 2023, 48 TexReg 1562; amended to be effective\r\nJanuary 7, 2026, 51 TexReg 140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216965", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "151", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§151.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216966", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Agency--The Texas Real Estate Commission and the Texas Appraiser Licensing and Certification Board.(2) Board--The Texas Appraiser Licensing and Certification Board.(3) Chief Financial Officer--The Chief Financial Officer of the Texas Real Estate Commission.(4) Commission--The Texas Real Estate Commission.(5) Comptroller--The Comptroller of Public Accounts.(6) DIR--The Department of Information Resources.(7) Executive Director--The Executive Director of the Commission and the Board.(8) TAC--The Texas Administrative Code.(9) TFC--The Texas Facilities Commission.", "sourceNote": "Source Note: The provisions of this §151.1 adopted to be effective March 17, 2024, 49 TexReg 1463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216966", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "151", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§151.2", "label": "Charges for Copies of Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216967", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board adopts by reference the rules promulgated by the Commission regarding Charges for Copies of Public Information as set forth in 22 TAC §534.2.", "sourceNote": "Source Note: The provisions of this §151.2 adopted to be effective March 17, 2024, 49 TexReg 1463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216967", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "151", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§151.3", "label": "Employee Training and Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216968", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may provide training and education for its employees in accordance with Subchapter C, Chapter 656, Texas Government Code.(b) The Board may spend public funds as appropriate to pay the costs associated with employee training, including, but not limited to, salary, tuition and other fees, travel, and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student, or other participant in a training or education program.(c) The Executive Director shall adopt policies related to training for Board employees, including eligibility and obligations assumed upon completion.(d) Before an employee may receive reimbursement of tuition expenses for successful completion of a training or education program offered by an accredited institution of higher education, the Executive Director must pre-approve the program and authorize the tuition reimbursement payment.(e) Approval to participate in any portion of the Board's training and education program does not affect an employee's at-will status.(f) Participation in the training and education program does not constitute a guarantee or indication of continued employment, nor does it constitute a guarantee or indication of future employment in a current or prospective position.", "sourceNote": "Source Note: The provisions of this §151.3 adopted to be effective March 17, 2024, 49 TexReg 1463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216968", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "151", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§151.4", "label": "Historically Underutilized Businesses Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216969", "queryAsDate": "03/11/2026" }, "ruleBody": "To comply with Texas Government Code §2161.003, the Board adopts by reference the rules of the Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter D, Division 1 (relating to the Historically Underutilized Businesses).", "sourceNote": "Source Note: The provisions of this §151.4 adopted to be effective March 17, 2024, 49 TexReg 1463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216969", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "151", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§151.5", "label": "Bid Opening and Tabulation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216970", "queryAsDate": "03/11/2026" }, "ruleBody": "To comply with Texas Government Code, §2156.005(d), the Board adopts by reference the rules of the Texas Comptroller of Public Accounts in 34 TAC §20.207 (relating to Competitive Sealed Bidding).", "sourceNote": "Source Note: The provisions of this §151.5 adopted to be effective March 17, 2024, 49 TexReg 1463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216970", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "151", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§151.6", "label": "Negotiation and Mediation of Certain Contract Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216971", "queryAsDate": "03/11/2026" }, "ruleBody": "To comply with Texas Government Code, §2260.052(c), the Board adopts by reference the rules of the Office of the Attorney General in 1 TAC Part 3, Chapter 68 (relating to Negotiation and Mediation of Certain Contract Disputes). The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.", "sourceNote": "Source Note: The provisions of this §151.6 adopted to be effective March 17, 2024, 49 TexReg 1463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216971", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "151", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§151.7", "label": "Vendor Protest Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226966", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board adopts by reference the rules promulgated by the Commission regarding Vendor Protest Procedures as set forth in 22 TAC §534.7.", "sourceNote": "Source Note: The provisions of this §151.7 adopted to be effective March 17, 2024, 49 TexReg 1463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226966", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198031", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) ACE--Appraiser Continuing Education.(2) Act--The Texas Appraiser Licensing and Certification Act.(3) Administrative Law Judge--A judge employed by the State Office of Administrative Hearings (SOAH).(4) Analysis--The act or process of providing information, recommendations or conclusions on diversified problems in real estate other than estimating value.(5) Applicant--A person seeking a certification, license, approval as an appraiser trainee, or registration as a temporary out-of-state appraiser from the Board.(6) Appraisal practice--Valuation services performed by an individual acting as an appraiser, including but not limited to appraisal and appraisal review.(7) Appraisal report--A report as defined by and prepared under the USPAP.(8) Appraisal Standards Board--The Appraisal Standards Board (ASB) of the Appraisal Foundation, or its successor.(9) Appraisal Subcommittee--The Appraisal Subcommittee (ASC) of the Federal Financial Institutions Examination Council or its successor.(10) Appraiser Qualifications Board--The Appraiser Qualifications Board (AQB) of the Appraisal Foundation, or its successor. (11) Appraiser trainee--A person approved by the Board to perform appraisals or appraiser services under the active, personal and diligent supervision and direction of the supervisory appraiser.(12) Board--The Texas Appraiser Licensing and Certification Board.(13) Certified General Appraiser--A certified appraiser who is authorized to appraise all types of real property.(14) Certified Residential Appraiser--A certified appraiser who is authorized to appraise one-to-four unit residential properties without regard to value or complexity.(15) Classroom course--A course in which the instructor and students interact face to face, in real time and in the same physical location.(16) Classroom hour--Fifty minutes of instruction out of each sixty-minute segment of actual classroom session time.(17) Client--Any party for whom an appraiser performs an assignment.(18) College--Junior or community college, senior college, university, or any other postsecondary educational institution established by the Texas Legislature, which is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or like commissions of other regional accrediting associations, or is a candidate for such accreditation.(19) Executive Director--The Executive Director of the Texas Appraiser Licensing and Certification Board.(20) Complainant--Any person who has made a written complaint to the Board against any person subject to the jurisdiction of the Board.(21) Complex appraisal--An appraisal in which the property to be appraised, the form of ownership, market conditions, or any combination thereof are atypical.(22) Continuing education cycle--the period in which a license holder must complete continuing education as required by the AQB.(23) Council--The Federal Financial Institutions Examination Council (FFIEC) or its successor.(24) Day--A calendar day unless clearly indicated otherwise. (25) Distance education--Any educational process based on the geographical separation of student and instructor, as defined by the AQB. Distance education includes synchronous delivery, when the instructor and student interact simultaneously online; asynchronous delivery, when the instructor and student interaction is non-simultaneous; and hybrid or blended course delivery that allows for both in-person and online interaction, either synchronous or asynchronous.(26) Feasibility analysis--A study of the cost-benefit relationship of an economic endeavor.(27) Federal financial institution regulatory agency--The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, or the successors of any of those agencies.(28) Federally related transaction--Any real estate-related transaction that requires the services of an appraiser and that is engaged in, contracted for, or regulated by a federal financial institution regulatory agency.(29) Foundation--The Appraisal Foundation (TAF) or its successor.(30) Inactive certificate or license--A general certification, residential certification, or state license which has been placed on inactive status by the Board.(31) License--The whole or a part of any Board permit, certificate, approval, registration or similar form of permission required by law.(32) License holder--A person certified, licensed, approved, authorized or registered by the Board under the Texas Appraiser Licensing and Certification Act.(33) Licensed Residential Appraiser--A licensed appraiser who is authorized to appraise non-complex one-to-four residential units having a transaction value less than $1 million and complex one-to-four residential units having a transaction value less than $400,000.(34) Licensing--Includes the Board processes respecting the granting, disapproval, denial, renewal, certification, revocation, suspension, annulment, withdrawal or amendment of a license.(35) Market analysis--A study of market conditions for a specific type of property.(36) Nonresidential real estate appraisal course--A course with emphasis on the appraisal of nonresidential real estate properties which include, but are not limited to, income capitalization, income property, commercial appraisal, rural appraisal, agricultural property appraisal, discounted cash flow analysis, subdivision analysis and valuation, or other courses specifically determined by the Board.(37) Nonresidential property--A property which does not conform to the definition of residential property.(38) Party--The Board and each person or other entity named or admitted as a party.(39) Person--Any individual, partnership, corporation, or other legal entity.(40) Personal property--Identifiable tangible objects and chattels that are considered by the general public as being \"personal,\" for example, furnishings, artwork, antiques, gems and jewelry collectibles, machinery and equipment; all tangible property that is not classified as real estate.(41) Petitioner--The person or other entity seeking an advisory ruling, the person petitioning for the adoption of a rule, or the party seeking affirmative relief in a proceeding before the Board.(42) Pleading--A written document, submitted by a party or a person seeking to participate in a case as a party, that requests procedural or substantive relief, makes claims, alleges facts, makes a legal argument, or otherwise addresses matters involved in the case.(43) Practical Applications of Real Estate Appraisal (PAREA)--Training Programs approved by the AQB that utilize simulated experience training and serve as an alternative to the traditional Supervisor/Trainee experience model.(44) Practicum Courses--Training programs that utilize a combination of education and experience that includes generally applicable methods of appraisal practice for the credential category with content and assignment requirements established by the AQB. It may serve as an alternative to the traditional Supervisor/Trainee experience model. (45) Qualifying real estate appraisal course--Those courses approved by the Appraiser Qualifications Board as qualifying education.(46) Real estate--An identified parcel or tract of land, including improvements, if any.(47) Real estate appraisal experience--Valuation services performed as an appraiser or appraiser trainee by the person claiming experience credit. Significant real property appraisal experience requires active participation; mere observation of another appraiser's work is not real estate appraisal experience.(48) Real estate-related financial transaction--Any transaction involving: the sale, lease, purchase, investment in, or exchange of real property, including an interest in property or the financing of property; the financing of real property or an interest in real property; or the use of real property or an interest in real property as security for a loan or investment including a mortgage-backed security.(49) Real property--The interests, benefits, and rights inherent in the ownership of real estate.(50) Record--All notices, pleadings, motions and intermediate orders; questions and offers of proof; objections and rulings on them; any decision, opinion or report by the Board; and all staff memoranda submitted to or considered by the Board.(51) Report--Any communication, written or oral, of an appraisal, review, or analysis; the document that is transmitted to the client upon completion of an assignment.(52) Residential property--Property that consists of at least one but not more than four residential units.(53) Respondent--Any person subject to the jurisdiction of the Board, licensed or unlicensed, against whom any complaint has been made.(54) Supervisory Appraiser--A certified general or residential appraiser who is designated as a supervisory appraiser, as defined by the AQB, for an appraiser trainee. The supervisory appraiser is responsible for providing active, personal and diligent supervision and direction of the appraiser trainee.(55) Trade Association--A nonprofit voluntary member association or organization:(A) whose membership consists primarily of persons who are licensed as appraisers and pay membership dues to the association or organization;(B) that is governed by a board of directors elected by the members; and(C) that subscribes to a written code of professional conduct or ethics.(56) USPAP--Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation.(57) Workfile--Documentation necessary to support an appraiser's analysis, opinions, and conclusions, and in compliance with the record keeping provisions of USPAP.", "sourceNote": "Source Note: The provisions of this §153.1 adopted\r\nto be effective March 2, 1992, 17 TexReg 1231; amended to be effective\r\nNovember 10, 1993, 18 TexReg 7542; amended to be effective July 21,\r\n1994, 19 TexReg 5354; amended to be effective September 1, 1995, 20\r\nTexReg 6202; amended to be effective January 1, 1999, 23 TexReg 6443;\r\namended to be effective November 17, 1999, 24 TexReg 10090; amended\r\nto be effective April 1, 2001, 26 TexReg 2163; amended to be effective\r\nJanuary 1, 2003, 27 TexReg 11146; amended to be effective October\r\n16, 2003, 28 TexReg 8942; amended to be effective January 1, 2006,\r\n30 TexReg 8689; amended to be effective June 6, 2006, 31 TexReg 4624;\r\namended to be effective August 28, 2007, 32 TexReg 5368; amended to\r\nbe effective September 20, 2010, 35 TexReg 8496; amended to be effective\r\nNovember 1, 2011, 36 TexReg 7316; amended to be effective June 8,\r\n2014, 39 TexReg 4251; amended to be effective December 14, 2014, 39\r\nTexReg 9667; amended to be effective September 7, 2015, 40 TexReg\r\n5789; amended to be effective January 1, 2016, 40 TexReg 8890; amended\r\nto be effective September 15, 2018; 43 TexReg 5776; amended to be\r\neffective September 8, 2022, 47 TexReg 5336; amended to be effective\r\nDecember 3, 2023, 48 TexReg 6903; amended to be effective December\r\n7, 2025, 50 TexReg 7921." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198031", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.3", "label": "The Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215662", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A quorum of the Board consists of five members.(b) Meetings of the Board may be called by the chair on a motion by the chair or upon the written request of five members. Unless state law or Board rules require otherwise, meetings shall be conducted in accordance with Robert's Rules of Order.(c) At the end of a term, members shall continue to serve until their successors are qualified.(d) Public Comments at Regular Board Meetings.(1) A member of the public may comment for up to three minutes on any agenda item or non-agenda item at a regular quarterly Board meeting.(2) The Chair of the Board may extend the time for public comments at the Chair's discretion.", "sourceNote": "Source Note: The provisions of this §153.3 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective December 8, 2019, 44 TexReg 7535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215662", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.5", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226968", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall charge and the Executive Director shall collect the following fees:(1) Effective January 1, 2022:(A) a fee of $560 for an application, reinstatement, or timely renewal of a certified general appraiser license;(B) a fee of $460 for an application, reinstatement, or timely renewal of a certified residential appraiser license;(C) a fee of $400 for an application, reinstatement, or timely renewal of a licensed residential appraiser license; and(D) a fee of $250 for an application, reinstatement, or timely renewal of an appraiser trainee license;(2) a fee equal to 1-1/2 times the timely renewal fee for the late renewal of a license within 90 days of expiration;(3) a fee equal to two times the timely renewal fee for the late renewal of a license more than 90 days but less than six months after expiration;(4) a fee of $250 for nonresident license;(5) the national registry fee in the amount charged by the Appraisal Subcommittee;(6) an application fee for licensure by reciprocity in the same amount as the fee charged for a similar license issued to a Texas resident;(7) a fee of $200 for an extension of time to complete required continuing education;(8) a fee of $50 to request a return to active status;(9) a fee of $50 for evaluation of an applicant's fitness;(10) an examination fee as provided in the Board's current examination administration agreement;(11) a fee of $100 to request a voluntary appraiser experience review;(12) the fee charged by the Federal Bureau of Investigation, the Texas Department of Public Safety or other authorized entity for fingerprinting or other service for a national or state criminal history check in connection with a license application;(13) a base fee of $50 for approval of an ACE course;(14) a content review fee of $5 per classroom hour for approval of an ACE course;(15) a course approval fee of $50 for approval of an ACE course currently approved by the AQB or another state appraiser regulatory agency;(16) a one-time offering course approval fee of $25 for approval of a 2-hour ACE course to be offered in-person only one time;(17) a fee of $200 for an application for an ACE provider approval or subsequent approval; and(18) any fee required by the Department of Information Resources for establishing and maintaining online applications or as a subscription or convenience fee for use of an online payment system.(b) Fees must be submitted in U.S. funds payable to the order of the Texas Appraiser Licensing and Certification Board. Fees are not refundable once an application has been accepted for filing. Persons who have submitted a payment that has been dishonored, and who have not made good on that payment within 30 days, for whatever reason, must submit all replacement fees in the form of a cashier's check, money order, or online credit card payment.(c) Licensing fees are waived for members of the Board staff who must maintain a license for employment with the Board only and are not also using the license for outside employment.", "sourceNote": "Source Note: The provisions of this §153.5 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective March 1, 1995, 19 TexReg 10357; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective January 1, 1998, 22 TexReg 12050; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective November 1, 2002, 27 TexReg 8477; amended to be effective October 16, 2003, 28 TexReg 8943; amended to be effective November 28, 2004, 29 TexReg 10779; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective October 30, 2007, 32 TexReg 7687; amended to be effective June 11, 2008, 33 TexReg 4502; amended to be effective May 31, 2009, 34 TexReg 3262; amended to be effective November 10, 2009, 34 TexReg 7805; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective June 10, 2012, 37 TexReg 4223; amended to be effective December 22, 2013, 38 TexReg 9048; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective January 1, 2015, 39 TexReg 9667; amended to be effective January 1, 2016, 40 TexReg 8890; amended to be effective January 1, 2017, 41 TexReg 7106; amended to be effective May 28, 2017, 42 TexReg 2723; amended to be effective December 16, 2018, 43 TexReg 8117; amended to be effective January 1, 2020, 44 TexReg 7535; amended to be effective September 8, 2022, 47 TexReg 5336; amended to be effective December 3, 2023, 48 TexReg 6903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226968", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.6", "label": "Military Service Member, Military Veteran, or Military Spouse Applications." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210041", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) \"Good standing\" has the meaning assigned by §55.0042, Occupations Code.(2) \"Military service member\" has the meaning assigned by §55.001(4), Occupations Code. (3) \"Military spouse\" has the meaning assigned by §55.001(5), Occupations Code.(4) \"Military veteran\" has the meaning assigned by §55.001(6), Occupations Code.(b) The purpose of this section is to establish procedures authorized or required by Texas Occupations Code Chapter 55 and is not intended to modify or alter rights or legal requirements that may be provided under federal law, Chapter 1103 of the Occupations Code, or requirements established by the AQB.(c) Expedited application.(1) The Board will process an application for a military service member, military veteran, or military spouse on an expedited basis.(2) If an applicant under this section holds a current license issued by a state other than Texas that is similar in scope of practice to the license or certification issued in this state, the Board will issue the license not later than the 10th business day after receipt of the application.(d) Waiver of fees.(1) The Board will waive the license application fee and examination fees for an applicant who is a military service member, military veteran, or military spouse.(2) The executive director or his or her designee may waive the application fee of a military service member, military veteran, or military spouse who is not currently licensed, but within the five years preceding the application date held a license in this state and applies for reinstatement in accordance with subsection (f)(2) of this section.(e) Credit for military experience.(1) For an applicant who is a military service member, military veteran, or military spouse the Board shall credit any verifiable military service, training, or education toward the licensing requirements, other than an examination requirement.(2) The Board shall award credit under this subsection consistent with the criteria adopted by the AQB and any exceptions to those criteria as authorized by the AQB.(3) This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction.(f) Reciprocity and reinstatement.(1) A military service member, military veteran, or military spouse who holds a current license issued by a state other than Texas that is similar in scope of practice to the license in this state who wants to practice in Texas may apply by submitting an application for license by reciprocity and any required supplemental documents for military service members, military veterans, or military spouses, using a process acceptable to the Board.(2) A military service member, military veteran, or military spouse who is not currently licensed, but within the five years preceding the application date held a license in this state who wants to practice in Texas may apply by submitting an application for reinstatement and any required supplemental documents for military service members, military veterans, or military spouses, using a process acceptable to the Board.(g) Recognition of Out-Of-State License of Military Service Members and Military Spouses(1) A military service member or military spouse who holds a current certificate or license issued by a state other than Texas that is similar in scope or practice to the certificate or license issued in Texas and is in good standing with the state's licensing authority who wants to practice in Texas in accordance with 55.0041, Occupations Code, must submit an application using a process acceptable to the Board and include:(A) a copy of the military orders showing relocation to this state; (B) if the applicant is a military spouse, a copy of the military spouse's marriage license; and(C) a notarized affidavit affirming under penalty of perjury that: (i) the applicant is the person described and identified in the application; (ii) all statements in the application are true, correct, and complete;(iii) the applicant understands that the scope of practice for the applicable license in this state and will not perform outside of the scope of practice; and(iv) the applicant is in good standing in each state in which the applicant holds or has held an applicable license.(2) Not later than the 10th business day after the date the Board receives an application under this subsection, the Board will notify the applicant that: (A) the Board recognizes the applicant's out-of-state license and will issue a license by reciprocity;(B) the application is incomplete; or(C) the Board is unable to recognize the applicant's out-of-state license because the Board does not issue a license similar in scope of practice to the applicant's license.(3) A person authorized to practice in this state under this subsection must comply with all other laws and regulations applicable to the license.(4) In the event of a divorce or similar event that affects a persons' status as a military spouse, the former spouse may continue to practice for three years from the date the spouse submitted the application under this subsection.(5) In determining which states issue licenses similar in scope of practice to those issued by the Board, the Board will consider the authorized activities under the applicable license and the criteria adopted by the AQB.", "sourceNote": "Source Note: The provisions of this §153.6 adopted\r\nto be effective December 3, 2023, 48 TexReg 6903; amended to be effective\r\nDecember 7, 2025, 50 TexReg 7921." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210041", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.8", "label": "Scope of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225933", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) License holders are bound by the USPAP edition in effect at the time of the appraisal.(b) Certified General Real Estate Appraisers may appraise all types of real property without regard to transaction value or complexity.(c) Certified Residential Real Estate Appraisers:(1) may appraise one-to-four residential units without regard to transaction value or complexity;(2) may appraise vacant or unimproved land for which the highest and best use is for one-to-four family purposes;(3) may not appraise subdivisions; and(4) may associate with a state certified general real estate appraiser, who shall sign the appraisal report, to appraise non-residential properties.(d) State Licensed Real Estate Appraisers:(1) may appraise non-complex one-to-four residential units having a transaction value less than $1 million and complex one-to-four residential units having a transaction value less than $400,000;(2) may appraise vacant or unimproved land for which the highest and best use is for one-to-four unit residential purposes;(3) may not appraise subdivisions; and(4) may associate with a state certified general real estate appraiser, who shall sign the appraisal report, to appraise non-residential properties.(e) Appraiser Trainees may appraise those properties, under the active, personal and diligent supervision of their sponsoring appraiser, which the sponsoring appraiser is permitted to appraise.(f) If an appraiser or appraiser trainee is a person with a disability (as defined in the Americans with Disabilities Act or regulations promulgated thereunder), an unlicensed assistant may perform certain services normally requiring a license for or on behalf of the appraiser or appraiser trainee, provided that:(1) the services performed by the assistant do not include appraisal analysis;(2) the assistant only provides such services as would constitute a reasonable accommodation;(3) the assistant is under the direct control of the appraiser or appraiser trainee;(4) the appraiser or appraiser trainee is as close in physical proximity as is practical to the activity;(5) the assistant is not represented as being or having the authority to act as an appraiser or appraiser trainee; and(6) if the assistant provides significant assistance, the appraisal report includes the name of the assistant.", "sourceNote": "Source Note: The provisions of this §153.8 adopted to be effective January 1, 1999, 23 TexReg 6443; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective September 15, 2018, 43 TexReg 5776; amended to be effective September 12, 2021, 46 TexReg 5549; amended to be effective September 8, 2022, 47 TexReg 5336." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225933", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.9", "label": "Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192108", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person desiring to be licensed as an appraiser or appraiser trainee shall file an application using a process acceptable to the Board. The Board may decline to accept for filing an application that is materially incomplete or that is not accompanied by the appropriate fee. Except as provided by the Act, the Board may not grant a license to an applicant who has not:(1) paid the required fees;(2) submitted a complete and legible set of fingerprints as required in §153.12 of this title (relating to Criminal History Checks);(3) satisfied any experience and education requirements established by the Act, Board rules, and the AQB;(4) successfully completed any qualifying examination prescribed by the Board;(5) provided all supporting documentation or information requested by the Board in connection with the application;(6) satisfied all unresolved enforcement matters and requirements with the Board; and(7) met any additional or superseding requirements established by the Appraisal Qualifications Board.(b) Termination of application. An application is subject to no further evaluation or processing if within one year from the date an application is filed, an applicant fails to satisfy:(1) a current education, experience or exam requirement; or(2) the fingerprint and criminal history check requirements in §153.12 of this title.(c) A license is valid for the term for which it is issued by the Board unless suspended or revoked for cause and unless revoked, may be renewed in accordance with the requirements of §153.17 of this title (relating to License Renewal).(d) The Board may deny a license to an applicant who fails to satisfy the Board as to the applicant's honesty, trustworthiness, and integrity.(e) The Board may deny a license to an applicant who submits incomplete, false, or misleading information on the application or supporting documentation.(f) When an application is denied by the Board, no subsequent application will be accepted within two years after the date of the Board's notice of denial as required in §157.7 of this title (Denial of a License, Renewal or Reinstatement; Adverse Action Against a License Holder).", "sourceNote": "Source Note: The provisions of this §153.9 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective April 1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993,18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective March 1, 1995, 19 TexReg 10357; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective March 31, 1999, 24 TexReg 2351; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective September 30, 2004, 29 TexReg 9188; amended to be effective July 25, 2005, 30 TexReg 4212; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective June 6, 2006, 31 TexReg 4624; amended to be effective October 30, 2007, 32 TexReg 7687; amended to be effective November 9, 2008, 33TexReg 8942; amended to be effective November 10, 2009, 34 TexReg 7806; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective September 12, 2012, 37 TexReg 7174; amended to be effective December 22, 2013, 38 TexReg 9048; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective March 19, 2015, 40 TexReg 1379; amended to be effective January 1, 2016, 40 TexReg 8891; amended to be effective January 1, 2017, 41 TexReg 7106; amended to be effective September 15, 2018, 43 TexReg 5776; amended to be effective December 8, 2019, 44 TexReg 7536; amended to be effective September 8, 2022, 47 TexReg 5336; amended to be effective December3, 2023, 48 TexReg 6903; amended to be effective September 3, 2025, 50TexReg 5699." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192108", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.10", "label": "Issuance of Certification, License, or Trainee Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210043", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license is issued when all requirements have been met and it is entered into the Board's database and a license number has been assigned.(b) An applicant is not licensed and may not represent himself or herself as a certified or licensed appraiser, appraiser trainee, or registered temporary out-of-state appraiser until the license has been issued by the Board.(c) A license issued by the Board is valid for two years from the date of issuance.(d) A license issued to a temporary out-of-state appraiser is valid for six months from the date of issuance, unless otherwise determined by the Board.(e) A license is not renewed until the renewal has been issued by the Board.", "sourceNote": "Source Note: The provisions of this §153.10 adopted to be effective March 1, 1997, 22 TexReg 1717; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective September 15, 2018, 43 TexReg 5776." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210043", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.11", "label": "Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216972", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Administration of Licensing Examinations.(1) An examination required for any license issued by the Board will be conducted by the testing service with which the Board has contracted for the administration of examinations.(A) The testing service shall schedule and conduct the examinations in the manner required by the contract between the Board and the testing service.(B) Examinations shall be administered at locations designated by the exam administrator.(C) The testing service administering the examinations is required to provide reasonable accommodations for any applicant with a verifiable disability. Applicants must contact the testing service to arrange an accommodation. The testing service shall determine the method of accommodation based on the particular circumstances of each case.(2) Each examination shall be consistent with the examination criteria and examination content outline of the AQB for the category of license sought. To become licensed, an applicant must achieve a passing score acceptable to the AQB on the examination.(3) Successful completion of the examination is valid for a period of 24 months.(4) An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the Board that the applicant has completed 15 additional hours of qualifying education after the date the applicant failed the examination for the third time.(b) Examination Fees.(1) The examination fee must be paid each time the examination is taken.(2) An applicant who is registered for an examination and fails to attend shall forfeit the examination fee.(c) Exam Admission.(1) To be admitted to an examination, applicants must present the following documents:(A) exam registration paperwork as required by the testing service under contract with the Board; and(B) official photo-bearing personal identification.(2) The testing service shall deny entrance to the examination to any person who cannot provide adequate identification.(3) The testing service may refuse to admit an applicant who arrives after the time the examination is scheduled to begin or whose conduct or demeanor would be disruptive to other persons taking examinations at the testing location.(d) Confidentiality of Examination.(1) The testing service may confiscate examination materials, dismiss an applicant, and fail the applicant for violating or attempting to violate the confidentiality of the contents of an examination.(2) No credit shall be given to applicants who are dismissed from an examination, and dismissal may result in denial of an application.(3) The Board, or the testing service under contract with the Board, may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any written material furnished with the examination whether by actual physical removal or by transcription.(4) The Board may deny, suspend, or revoke a license for disclosing to another person the content of any portion of an examination.", "sourceNote": "Source Note: The provisions of this §153.11 adopted to be effective March 2, 1992, 17 TexReg 1231; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective December 31, 2007, 32 TexReg 9987; amended to be effective November 9, 2008, 33 TexReg 8943; amended to be effective September 20, 2010, 35 TexReg 8496; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective March 18, 2014, 39 TexReg 1929; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective September 15, 2018, 43 TexReg 5776; amended to be effective December 6, 2020, 45 TexReg 8517; amended to be effective September 8, 2022, 47 TexReg 5336." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216972", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.12", "label": "Criminal History Checks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225940", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant or license holder applying for or renewing a license issued by the Board must submit a complete and legible set of fingerprints, in a manner approved by the Board, to the Board, the Texas Real Estate Commission, the Texas Department of Public Safety, or other authorized entity for the purpose of obtaining criminal history record information from the Texas Department of Public Safety and the Federal Bureau of Investigation.(b) The Board will conduct a criminal history check of each applicant for a license or renewal of a license.", "sourceNote": "Source Note: The provisions of this §153.12 adopted to be effective January 1, 2017, 41 TexReg 7107; amended to be effective March 17, 2024, 49 TexReg 1463." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225940", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.13", "label": "Education Required for Licensing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a license must meet all educational requirements established by the AQB.(b) The Board may accept a course of study to satisfy educational requirements for licensing established by the Act or by this section if the Board has approved the course and determined it to be a course related to real estate appraisal.(c) The Board will approve courses for licensing upon a determination of the Board that:(1) the subject matter of the course was appraisal related;(2) the course was offered by an accredited college or university, or the course was approved by the AQB under its course approval process as a qualifying education course;(3) the applicant obtained credit received in a classroom presentation the hours of instruction for which credit was given and successfully completed a final examination for course credit except as specified in subsection (i) of this section (relating to distance education); and(4) unless the AQB allows for a different duration, the course was at least 15 classroom hours in duration, including time devoted to examinations that are considered to be part of the course.(d) The Board may require an applicant to furnish materials such as course outlines, syllabi, course descriptions or official transcripts to verify course content or credit.(e) Course providers may obtain prior approval of a course by using a process acceptable to the Board and submitting a letter indicating that the course has been approved by the AQB under its course approval process. Approval of a course based on AQB approval expires on the date the AQB approval expires and is automatically revoked upon revocation of the AQB approval.(f) If the transcript reflects the actual hours of instruction the student received from an acceptable provider, the Board will accept classroom hour units of instruction as shown on the transcript or other document evidencing course credit. Fifteen classroom hours of credit may be awarded for one academic semester hour of credit.(g) Distance education courses may be acceptable to meet the classroom hour requirement, or its equivalent, provided that the course is approved by the Board, that a minimum time equal to the number of hours of credit elapses from the date of course enrollment until its completion, and that the course meets the criteria listed in paragraph (1) or (2) of this subsection.(1) The course must have been presented by an accredited college or university that offers distance education programs in other disciplines; and(A) the person has successfully completed a written examination administered to the positively identified person at a location and proctored by an official approved by the college or university; and(B) the content and length of the course must meet the requirements for real estate appraisal related courses established by this chapter and by the requirements for qualifying education established by the AQB and is equivalent to a minimum of 15 classroom hours, unless the AQB allows for a different duration.(2) The course has received approval for academic credit or has been approved under the AQB Course Approval program; and(A) the person successfully completes a written examination proctored by an official approved by the presenting entity;(B) the course meets the requirements for qualifying education established by the AQB; and(C) is equivalent to a minimum of fifteen classroom hours, unless the AQB allows for a different duration.(h) \"In-house\" education and training is not acceptable for meeting the educational requirements for licensure.(i) To meet the USPAP educational requirements, a course must:(1) utilize the \"National Uniform Standards of Professional Appraisal Practice (USPAP) Course\" promulgated by the Appraisal Foundation, including the Student Manual and Instructor Manual; or(2) be an equivalent USPAP course as determined by the AQB that:(A) is devoted to the USPAP with a minimum of 15 classroom hours of instruction;(B) uses the current edition of the USPAP promulgated by the ASB; and(C) provides each student with his or her own permanent copy of the current edition of the USPAP promulgated by the ASB.(j) Unless authorized by law, neither current members of the Board nor those Board staff engaged in the approval of courses or educational qualifications of applicants or license holders shall be eligible to teach or guest lecture as part of an education course approved for licensing.(k) If the Board determines that a course no longer complies with the requirements for approval, it may suspend or revoke the approval. Proceedings to suspend or revoke approval of a course shall be conducted in accordance with the Board's disciplinary provisions for licenses.", "sourceNote": "Source Note: The provisions of this §153.13 adopted to be\r\neffective March 2, 1992, 17 TexReg 1231; amended to be effective November\r\n10, 1993, 18 TexReg 7542; amended to be effective January 1, 1994,\r\n18 TexReg 9930; amended to be effective September 1, 1995, 20 TexReg\r\n6202; amended to be effective March 1, 1997, 22 TexReg 1717; amended\r\nto be effective January 1, 1999, 23 TexReg 6443; amended to be effective\r\nNovember 17, 1999, 24 TexReg 10090; amended to be effective April\r\n1, 2001, 26 TexReg 2163; amended to be effective January 1, 2006,\r\n30 TexReg 8689; amended to be effective June 6, 2006, 31 TexReg4624;\r\namended to be effective March 27, 2007, 32 TexReg 1747; amended to\r\nbe effective December 27, 2010, 35 TexReg 11658; amended to be effective\r\nNovember 1, 2011, 36 TexReg 7316; amended to be effective September\r\n7, 2014, 39 TexReg 6857; amended to be effective September 15, 2018;\r\n43 TexReg 5776; amended to be effective September 3, 2025, 50 TexReg\r\n5700." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226967", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.15", "label": "Experience Required for Licensing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225934", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a license must meet all experience requirements established by the AQB.(b) The Board awards experience credit in accordance with current criteria established by the AQB and in accordance with the provisions of the Act specifically relating to experience requirements. An hour of experience means 60 minutes expended in one or more of the acceptable appraisal experience areas. Calculation of the hours of experience is based solely on actual hours of experience. Hours may be treated as cumulative in order to achieve the necessary hours of appraisal experience. Any one or a combination of the following categories may be acceptable for satisfying the applicable experience requirement:(1) An appraisal or appraisal analysis when performed in accordance with Standards 1 and 2 and other provisions of the USPAP edition in effect at the time of the appraisal or appraisal analysis.(2) Mass appraisal, including ad valorem tax appraisal that:(A) conforms to USPAP Standards 5 and 6; and(B) demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1.(3) Appraisal review that:(A) conforms to USPAP Standards 3 and 4; and(B) demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standard 1.(4) Appraisal consulting services, including market analysis, cash flow and/or investment analysis, highest and best use analysis, and feasibility analysis when it demonstrates proficiency in appraisal principles, techniques, or skills used by appraisers practicing under USPAP Standards 1 and 2 and using appropriate methods and techniques applicable to appraisal consulting.(5) \"Practical Applications of Real Estate Appraisal\" (PAREA) programs approved by the AQB.(6) \"Practicum Courses\" approved by the AQB or the Board.(c) Experience credit may not be awarded for teaching appraisal courses.(d) Public Information Act. All information and documentation submitted to the Board in support of an application for license or application to upgrade an existing license, including an applicant's experience log, experience certification, copies of appraisals and work files, may be subject to disclosure under the Public Information Act, Chapter 552, Texas Government Code, unless an exception to disclosure applies.(e) Applicants claiming experience credit under subsection (b)(1) - (4) of this section must submit a Board-approved Appraisal Experience Log that lists each appraisal assignment or other work for which the applicant is seeking credit and an Appraisal Experience Certification. The Experience Log must include:(1) the full amount of experience hours required for the license type sought, as required by the AQB;(2) the required number of hours of experience required for each property type as required by the AQB; and(3) the minimum length of time over which the experience is claimed, as required by the AQB.(f) The Board may grant experience credit for work listed on an applicant's Appraisal Experience Log that:(1) complies with the USPAP edition in effect at the time of the appraisal;(2) is verifiable and supported by:(A) work files in which the applicant is identified as participating in the appraisal process; or(B) appraisal reports that:(i) name the applicant in the certification as providing significant real property appraisal assistance; or(ii) the applicant has signed;(3) was performed when the applicant had legal authority to do so; and(4) complies with the acceptable categories of experience established by the AQB and stated in subsection (b) of this section.(g) Consistent with this chapter, upon review of the applicant's real estate appraisal experience, the Board may grant a license or certification contingent upon completion of additional education, experience or mentorship.(h) Upon review of an applicant's Appraisal Experience Log, the Board may, at its sole discretion, grant experience credit for the hours shown on an applicant's log even if some work files have been destroyed because of the 5-year records retention period in USPAP has passed.(i) The Board may grant experience credit for applicants claiming experience credit under subsection (b)(5) of this section that submit a valid certificate of completion from an AQB approved PAREA program.(j) The Board may grant experience credit for applicants claiming experience credit under subsection (b)(6) of this section that submit a valid certificate of completion from an AQB or Board approved Practicum course.(k) The Board may, at its sole discretion, accept evidence other than an applicant's Appraisal Experience Log and Appraisal Experience Certification to demonstrate experience claimed by an applicant. (l) The Board must verify the experience claimed by each applicant generally complies with USPAP.(1) Verification may be obtained by:(A) requesting copies of appraisals and all supporting documentation, including the work files; and(B) engaging in other investigative research determined to be appropriate by the Board.(2) If the Board requests documentation from an applicant to verify experience claimed by an applicant, the applicant has 60 days to provide the requested documentation to the Board.(A) In response to an initial request for documentation to verify experience, an applicant must submit a copy of the relevant appraisals, but is not required to submit the associated work files at that time.(B) If in the course of reviewing the submitted appraisals, the Board determines additional documentation is necessary to verify general compliance with USPAP, the Board may make additional requests for supporting documentation.(3) Experience involved in pending litigation.(A) The Board will not request work files from an applicant to verify claimed experience if the appraisal assignments are identified on the experience log submitted to the Board as being involved in pending litigation.(B) If all appraisal assignments listed on an applicant's experience log are identified as being involved in pending litigation, the Board may audit any of the appraisal assignments on the applicant's experience log, regardless of litigation status, with the written consent of the applicant and the applicant's supervisory appraiser.(4) Failure to comply with a request for documentation to verify experience, or submission of experience that is found not to comply with the requirements for experience credit, may result in denial of a license application.(5) A license holder who applies to upgrade an existing license and submits experience that does not comply with USPAP may also be subject to disciplinary action up to and including revocation.(m) Unless prohibited by Tex. Occ. Code §1103.460, applicable confidentiality statutes, privacy laws, or other legal requirements, or in matters involving alleged fraud, Board staff shall use reasonable means to inform supervisory appraisers of Board communications with their respective trainees.", "sourceNote": "Source Note: The provisions of this §153.15 adopted to be\r\neffective March 2, 1992, 17 TexReg 1231; amended to be effective August\r\n17, 1992, 17 TexReg 5455; amended to be effective November 10, 1993,\r\n18 TexReg 7542; amended to be effective September 1, 1995, 20 TexReg\r\n6202; amended to be effective March 1, 1997, 22 TexReg 1717; amended\r\nto be effective November 17, 1999, 24 TexReg 10090; amended to be\r\neffective April 1, 2001, 26 TexReg 2163; amended to be effective January\r\n1, 2003, 27 TexReg 11147; amended to be effective March 9, 2006, 31\r\nTexReg 1650; amended to be effective August 28, 2007, 32 TexReg 5368;\r\namended to be effective December 27, 2010, 35 TexReg 11658; amended\r\nto be effective December 22, 2013, 38 TexReg 9048; amended to be effective\r\nSeptember 7, 2014, 39 TexReg 6857; amended to be effective December\r\n11, 2016, 41 TexReg 9707; amended to be effective September 15, 2018;\r\n43 TexReg 5776; amended to be effective June 9, 2019, 44 TexReg 2710;\r\namended to be effective June 7, 2020, 45 TexReg 3772; amended to be\r\neffective March 18, 2021, 46 TexReg 1640; amended to be effective\r\nSeptember 8, 2022, 47 TexReg 5336; amended to be effective December\r\n3, 2023, 48 TexReg 6903; amended to be effective December 7, 2025, 50\r\nTexReg 7921." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225934", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.16", "label": "License Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225935", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Subsections (a) - (f) apply only to a person who:(1) previously held a residential appraiser license or certification or general appraiser certification issued by the Board that has been expired for more than six months; and(2) seeks to obtain the same level of appraiser license previously held by the person before its expiration.(b) A person who seeks to reinstate a license expired less than five years must:(1) submit an application for reinstatement using a process acceptable to the Board;(2) pay the required fee;(3) satisfy the Board as to the person's honesty, trustworthiness and integrity;(4) satisfy the fingerprint and criminal history check requirements in §153.12 of this title; and(5) complete all AQB continuing education requirements that would have been required had the license not expired.(c) A person who seeks to reinstate a license expired five years or more must:(1) satisfy the requirements of subsection (b); and(2) submit an experience log demonstrating his or her experience complies with USPAP, as outlined in subsection (d).(d) An experience log submitted under subsection (c) must include at least 10 appraisals of a property type accepted by the AQB for the applicable license category, completed within 5 years from the date of application under this section.(e) Unless otherwise provided in this section, the board will verify and award experience submitted under subsection (d) in accordance with §153.15 of this title (relating to Experience Required for Licensing).(f) If a person who seeks to reinstate a license under subsection (c) is unable to submit appraisals or supporting documentation for verification, he or she may apply for a license as an appraiser trainee for the purposes of acquiring the appraisal experience required for reinstatement.(g) Subsections (g) - (h) apply only to a person who previously held a trainee license issued by the Board that has been expired for more than six months and seeks to reinstate the trainee license.(h) A person who seeks to reinstate a trainee license must:(1) submit an application for reinstatement on a form approved by the Board;(2) pay the required fee;(3) satisfy the Board as to the person's honesty, trustworthiness and integrity;(4) satisfy the fingerprint and criminal history check requirements in §153.12 of this title; and(5) complete all AQB continuing education requirements that would have been required had the license not expired.", "sourceNote": "Source Note: The provisions of this §153.16 adopted\r\nto be effective January 1, 2016, 40 TexReg 8891; amended to be effective\r\nJanuary 1, 2017, 41 TexReg 7107; amended to be effective September\r\n4, 2017, 42 TexReg 4466; amended to be effective September 15, 2018;\r\n43 TexReg 5776; amended to be effective March 17, 2024, 49 TexReg\r\n1463; amended to be effective March 17, 2025, 50 TexReg 1902; amended\r\nto be effective September 3, 2025, 50 TexReg 5699." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225935", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.17", "label": "License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Provisions.(1) The Board will send a renewal notice to the license holder at least 90 days prior to the expiration of the license. It is the responsibility of the license holder to apply for renewal in accordance with this chapter, and failure to receive a renewal notice from the Board does not relieve the license holder of the responsibility to timely apply for renewal.(2) A license holder renews the license by timely filing an application for renewal using a process acceptable to the Board, paying the appropriate fees to the Board, and satisfying all applicable education, experience, fingerprint and criminal history check requirements. (b) ACE Extensions.(1) The Board may grant, at the time it issues a license renewal, an extension of time of up to 60 days after the expiration date of the previous license to complete ACE required to renew a license, subject to the following:(A) The license holder must:(i) timely submit the completed renewal application using a process acceptable to the Board;(ii) complete an extension request using a process acceptable to the Board; and(iii) pay the required renewal and extension fees.(B) ACE courses completed during the 60-day extension period apply only to the current renewal and may not be applied to any subsequent renewal of the license.(C) A person whose license was renewed with a 60-day ACE extension:(i) will be designated as non-AQB compliant on the National Registry and will not perform appraisals in a federally related transaction until verification is received by the Board that the ACE requirements have been met;(ii) may continue to perform appraisals in non-federally related transactions under the renewed license;(iii) must, within 60 days after the date of expiration of the previous license, submit course completion certificates for each course that was not already submitted by the provider and reflected in the applicant's electronic license record; and(iv) will have the renewed license placed in inactive status if, within 60 days of the previous expiration date, ACE is not completed and reported in the manner acceptable to the Board. The renewed license will remain on inactive status until satisfactory evidence of meeting the ACE requirements has been received by the Board and the fee to return to active status required by §153.5 of this title (relating to Fees) has been paid.(2) Appraiser trainees may not obtain an extension of time to complete required continuing education.(c) Renewal of Licenses for Persons on Active Duty. A person who is on active duty in the United States armed forces may renew an expired license without being subject to any increase in fee imposed in his or her absence, or any additional education or experience requirements if the person:(1) did not provide appraisal services while on active duty;(2) provides a copy of official orders or other documentation acceptable to the Board showing the person was on active duty during the last renewal period;(3) applies for the renewal within two years after the person's active duty ends;(4) pays the renewal application fees in effect when the previous license expired; and(5) completes ACE requirements that would have been imposed for a timely renewal.(d) Late Renewal. If an application is filed within six months of the expiration of a previous license, the applicant shall also provide satisfactory evidence of completion of any continuing education that would have been required for a timely renewal of the previous license.(e) Denial of Renewal. The Board may deny an application for license renewal if the license holder is in violation of a Board order.", "sourceNote": "Source Note: The provisions of this §153.17 adopted to be\r\neffective March 2, 1992, 17 TexReg 1231; amended to be effective October\r\n1, 1992, 17 TexReg 6360; amended to be effective April 1, 1993, 18\r\nTexReg 1680; amended to be effective November 10, 1993, 18 TexReg\r\n7542; amended to be effective September 1, 1995, 20 TexReg 6202; amended\r\nto be effective March 1, 1997, 22 TexReg 1717; amended to be effective\r\nNovember 17, 1999, 24 TexReg 10090; amended to be effective April\r\n1, 2001, 26 TexReg 2163; amended to be effective January 1, 2003,\r\n27 TexReg 11147; amended to be effective October 16, 2003, 28 TexReg\r\n943; amended tobe effective March 27, 2007, 32 TexReg 1747; amended\r\nto be effective June 11, 2008, 33 TexReg 4502; amended to be effective\r\nDecember 27, 2010, 35 TexReg 11658; amended to be effective November\r\n1, 2011, 36 TexReg 7316; amended to be effective December 4, 2012,\r\n37 TexReg 9503; amended to be effective December 22, 2013, 38 TexReg\r\n9049; amended to be effective September 7, 2014, 39 TexReg 6857; amended\r\nto be effective January 1, 2016, 40 TexReg 8892; amended to be effective\r\nJanuary 1, 2017, 41 TexReg 7107; amended to be effective September\r\n15, 2018; 43 TexReg 5776; amended to be effective December 8, 2019,\r\n44 TexReg 7537; amended to be effective September 8, 2022, 47 TexReg\r\n5336; amended to be effective September 3, 2025, 50 TexReg 5699." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225941", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.18", "label": "Appraiser Continuing Education (ACE)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226969", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of ACE is to ensure that license holders participate in programs that maintain and increase their skill, knowledge, and competency in real estate appraising.(b) To renew a license, a license holder must successfully complete the equivalent of at least 28 classroom hours of ACE courses approved by the Board, including the 7-Hour National USPAP Update course or 7-Hour National USPAP Continuing Education course, and any other specific courses required by the AQB during the license holder's continuing education cycle. An ACE course may not be repeated during the license holder's continuing education cycle.(c) Awarding ACE credit. The Board will award credit to a license holder for an ACE course approved by the Board upon receipt of a course completion roster from an approved ACE provider as required under §153.40 of this title (relating to Approval of Continuing Education Providers and Courses).(d) Continuing education credit for qualifying courses. License holders may receive continuing education credit for qualifying courses that have been approved by the Board, the AQB or another state appraiser regulatory agency.(e) Continuing education credit for courses taken outside of Texas. An ACE course taken by a Texas license holder outside of Texas may be accepted on an individual basis for continuing education credit in Texas upon the Board's determination that:(1) the ACE course was approved for continuing education credit by the AQB or another state appraiser regulatory agency at the time the course was taken;(2) the Texas license holder's successful completion of the course has been evidenced by:(A) a course completion certificate;(B) a letter from the provider; or(C) such other proof as is satisfactory to the Board; and(3) the Texas license holder has filed a request using a process acceptable to the Board.(f) Up to one half of a license holder's ACE requirements may be satisfied through participation other than as a student, in real estate appraisal educational processes and programs. Examples of activities for which credit may be granted are teaching an ACE course, educational program development, authorship of real estate appraisal textbooks, or similar activities that are determined by the Board to be equivalent to obtaining ACE.(g) The following types of courses or activities may not be counted toward ACE requirements:(1) Teaching the same ACE course more than once per license renewal cycle;(2) \"In house\" education or training; or(3) Appraisal experience.(h) ACE credit for attending a Board meeting.(1) The Board may award a minimum of two hours and up to a maximum of 4 hours of ACE credit to a current license holder for attending the Board meeting held in February of an even numbered year.(2) The hours of ACE credit to be awarded will depend on the actual length of the Board meeting.(3) ACE credit will only be awarded in whole hour increments. For example, if the Board meeting is 2 and one half hours long, only 2 hours of ACE credit will be awarded.(4) To be eligible for ACE credit for attending a Board meeting, a license holder must:(A) Attend the meeting in person;(B) Attend the entire meeting, excluding breaks;(C) Provide photo identification; and(D) Sign in and out on the class attendance roster for the meeting.(5) No ACE credit will be awarded to a license holder for partial attendance.(i) ACE credit for attending presentations by current Board members or staff. As authorized by law, current members of the Board and Board staff may teach or guest lecture as part of an approved ACE course. To obtain ACE credit for attending a presentation by a current Board member or Board staff, the course provider must submit a request using a process acceptable to the Board and satisfy the requirements for ACE course approval in this section.", "sourceNote": "Source Note: The provisions of this §153.18 adopted to be\r\neffective March 1, 1997, 22 TexReg 1717; amended to be effective January\r\n1, 1999, 23 TexReg 6443; amended to be effective August 15, 1999,\r\n24 TexReg 6293; amended to be effective November 17, 1999, 24 TexReg\r\n10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended\r\nto be effective January 1, 2003, 27 TexReg 11147; amended to be effective\r\nJune 16, 2003, 28 TexReg 4554; amended to be effective January 1,\r\n2006, 30 TexReg 8689; amended to be effective June 6, 2006, 31 TexReg\r\n4624; amended to be effective March 27, 2007, 32 TexReg1747; amended\r\nto be effective November 9, 2008, 33 TexReg 8943; amended to be effective\r\nSeptember 20, 2010, 35 TexReg 8496; amended to be effective March\r\n20, 2011, 36 TexReg 1669; amended to be effective September 7, 2014,\r\n39 TexReg 6857; amended to be effective March 13, 2016, 41 TexReg\r\n1688; amended to be effective September 15, 2018; 43 TexReg 5776;\r\namended to be effective December 16, 2018, 43 TexReg 8117; amended\r\nto be effective December 6, 2020, 45 TexReg 8518; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226969", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.19", "label": "Licensing for Persons with Criminal History and Fitness Determination." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215666", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Subject to the requirements of Chapter 53, Occupations Code, no currently incarcerated individual is eligible to obtain or renew a license. A person's license will be revoked upon the person's incarceration following a felony conviction, felony probation revocation, revocation of parole, or revocation of mandatory suspension.(b) The Board may suspend or revoke an existing valid license, disqualify an individual from receiving a license, deny to a person the opportunity to be examined for a license or deny any application for a license, if the person has been convicted of a felony, had their felony probation revoked, had their parole revoked, or had their mandatory supervision revoked. Any such action may be taken after consideration of the required factors in Chapter 53, Occupations Code and this section.(c) A license holder must conduct himself or herself with honesty, integrity, and trustworthiness. After considering the required factors in Chapter 53, Occupations Code, the Board determines that a conviction or deferred adjudication deemed a conviction under Chapter 53, Occupations Code, of the following crimes to be directly related to the duties and responsibilities of a certified general or certified residential appraiser, a licensed appraiser or appraiser trainee:(1) offenses involving fraud or misrepresentation;(2) offenses against real or personal property belonging to another;(3) offenses against public administration, including tampering with a government record, witness tampering, perjury, bribery, and corruption;(4) offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law; and(5) offenses of attempting or conspiring to commit any of the foregoing offenses.(d) When determining whether a conviction of a criminal offense not listed in subsection (c) of this section directly relates to the duties and responsibilities of a licensed occupation regulated by the Board, the Board considers:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;(4) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the licensed occupation; and(5) any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation. (e) When determining the present fitness of an applicant or license holder who has been convicted of a crime, the Board also considers:(1) the extent and nature of the person's past criminal activity;(2) the person's age at the time the crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the person's conduct and work activity before and after the criminal activity;(5) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision;(6) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and(7) other evidence of the applicant's or license holder's present fitness including letters of recommendation.(f) To the extent possible, it is the applicant's or license holder's responsibility to obtain and provide the recommendations described in subsection (e)(7) of this section.(g) When determining a person's fitness to perform the duties and discharge the responsibilities of a licensed occupation regulated by the Board, the Board does not consider an arrest that did not result in a conviction or placement on deferred adjudication community supervision.(h) Fitness Determination. Before applying for a license, a person may request the Board to determine if the prospective applicant's fitness satisfies the Board's requirements for licensing by submitting a request using a process acceptable to the Board and paying the required fee. Upon receiving such a request, the Board may request additional supporting materials. Requests will be processed under the same standards as applications for a license.", "sourceNote": "Source Note: The provisions of this §153.19 adopted to be\r\neffective March 2, 1992, 17 TexReg 1231; amended to be effective April\r\n1, 1993, 18 TexReg 1680; amended to be effective November 10, 1993,\r\n18 TexReg 7542; amended to be effective March 1, 1997, 22 TexReg 1717;\r\namended to be effective April 1, 2001, 26 TexReg 2163; amended to\r\nbe effective August 28, 2007, 32 TexReg 5368; amended to be effective\r\nNovember 12, 2009, 34 TexReg 7808; amended to be effective December\r\n27, 2010, 35 TexReg 11660; amended to be effective September 7, 2014,\r\n39 TexReg 6857; amended to be effective March 2, 2017, 42 TexReg 764;\r\namended to be effective December 8, 2019, 44 TexReg 7537; amended\r\nto be effective September 13, 2020, 45 TexReg 6235; amended to be\r\neffective December 7, 2025, 50 TexReg 7922." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215666", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.20", "label": "Guidelines for Disciplinary Action, Denial of License; Probationary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225936", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may take disciplinary action or deny issuing a license to an applicant at any time the Board determines that the applicant or license holder:(1) disregards or violates a provision of the Act or the Board rules;(2) is convicted of a felony;(3) fails to notify the Board not later than the 30th day after the date of the final conviction if the person, in a court of this or another state or in a federal court, has been convicted of or entered a plea of guilty or nolo contendere to a felony or a criminal offense involving fraud or moral turpitude;(4) fails to notify the Board not later than the 30th day after the date of incarceration if the person, in this or another state, has been incarcerated for a criminal offense involving fraud or moral turpitude;(5) fails to notify the Board not later than the 30th day after the date disciplinary action becomes final against the person with regard to any occupational license the person holds in Texas or any other jurisdiction;(6) fails to comply with the USPAP edition in effect at the time of the appraiser service;(7) acts or holds himself or herself or any other person out as a person licensed under the Act or by another jurisdiction when not so licensed;(8) accepts payment for appraiser services but fails to deliver the agreed service in the agreed upon manner;(9) refuses to refund payment received for appraiser services when he or she has failed to deliver the appraiser service in the agreed upon manner;(10) accepts payment for services contingent upon a minimum, maximum, or pre-agreed value estimate except when such action would not interfere with the appraiser's obligation to provide an independent and impartial opinion of value and full disclosure of the contingency is made in writing to the client;(11) offers to perform appraiser services or agrees to perform such services when employment to perform such services is contingent upon a minimum, maximum, or pre-agreed value estimate except when such action would not interfere with the appraiser's obligation to provide an independent and impartial opinion of value and full disclosure of the contingency is made in writing to the client;(12) makes a material misrepresentation or omission of material fact;(13) has had a license as an appraiser revoked, suspended, or otherwise acted against by any other jurisdiction for an act which is a crime under Texas law;(14) procures, or attempts to procure, a license by making false, misleading, or fraudulent representation;(15) fails to actively, personally, and diligently supervise an appraiser trainee or any person not licensed under the Act who assists the license holder in performing real estate appraiser services;(16) has had a final civil judgment entered against him or her on any one of the following grounds:(A) fraud;(B) intentional or knowing misrepresentation;(C) grossly negligent misrepresentation in the performance of appraiser services;(17) fails to make good on a payment issued to the Board within thirty days after the Board has mailed a request for payment by certified mail to the license holder's last known business address as reflected by the Board's records;(18) knowingly or willfully engages in false or misleading conduct or advertising with respect to client solicitation;(19) misuses or misrepresents the type of classification or category of license number;(20) engages in any other act relating to the business of appraising that the Board, in its discretion, believes warrants a suspension or revocation;(21) uses any title, designation, initial or other insignia or identification that would mislead the public as to that person's credentials, qualifications, competency, or ability to perform licensed appraisal services;(22) fails to comply with an agreed order or a final order of the Board;(23) fails to answer all inquiries concerning matters under the jurisdiction of the Board within 20 days of notice to said individual's address of record, or within the time period allowed if granted a written extension by the Board; or(24) after conducting reasonable due diligence, knowingly accepts an assignment from an appraisal management company that is not exempt from registration under the Act which:(A) has not registered with the Board; or(B) is registered with the Board but has not placed the appraiser on its panel of appraisers maintained with the Board; or(25) fails to approve, sign, and deliver to their appraiser trainee the appraisal experience log and certification required by §153.15 of this title for all experience actually and lawfully acquired by the trainee while under the appraiser's sponsorship.(b) The Board has discretion in determining the appropriate penalty for any violation under subsection (a) of this section.(c) The Board may probate a penalty or sanction, and may impose conditions of the probation, including, but not limited to:(1) the type and scope of appraisals or appraisal practice;(2) the number of appraiser trainees or authority to sponsor appraiser trainees;(3) requirements for additional education;(4) monetary administrative penalties; and(5) requirements for reporting real property appraisal activity to the Board.(d) A person applying for a license after the Board has revoked or accepted the surrender in lieu of disciplinary action of a license previously held by that person must comply with all current license requirements. Such persons may not apply to reinstate a previously held license as provided in §153.16 of this title.(e) The provisions of this section do not relieve a person from civil liability or from criminal prosecution under the Act or other laws of this State.(f) The Board may not investigate a complaint submitted to the Board more than four years after the date on which the alleged violation occurred.(g) Except as provided by Texas Government Code §402.031(b) and Texas Penal Code §32.32(d), there shall be no undercover or covert investigations conducted by authority of the Act.(h) A license may be revoked or suspended by the Attorney General or other court of competent jurisdiction for failure to pay child support under the provisions of Chapter 232 of the Texas Family Code.(i) If the Board determines that issuance of a probationary license is appropriate, the order entered by the Board with regard to the application must set forth the terms and conditions for the probationary license. Terms and conditions for a probationary license may include any of the following:(1) that the probationary license holder comply with the Act and with the rules of the Texas Appraiser Licensing and Certification Board;(2) that the probationary license holder fully cooperate with the TALCB Division of the Board in the investigation of any complaint filed against the license holder or any other complaint in which the license holder may have relevant information;(3) that the probationary license holder attend a prescribed number of classroom hours in specific areas of study during the probationary period;(4) that the probationary license holder limit appraisal practice as prescribed in the order;(5) that the probationary license holder work under the direct supervision of a certified general or certified residential appraiser who will review and sign each appraisal report completed;(6) that the probationary license holder report regularly to the Board on any matter which is the basis of the probationary license; or(7) that the probationary license holder comply with any other terms and conditions contained in the order which have been found to be reasonable and appropriate by the Board after due consideration of the circumstances involved in the particular application.(j) Unless the order granting a probationary license specifies otherwise, a probationary license holder may renew the license after the probationary period by filing a renewal application, satisfying applicable renewal requirements, and paying the prescribed renewal fee.(k) If a probationary license expires prior to the completion of a probationary term and the probationary license holder files a late renewal application, any remaining probationary period shall be reinstated effective as of the day following the renewal of the probationary license.", "sourceNote": "Source Note: The provisions of this §153.20 adopted to be effective April 1, 1993, 18 TexReg 1681; amended to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective May 19, 1997, 22 TexReg 3989; amended to be effective January 3, 1999, 24 TexReg 138; amended to be effective November 17, 1999, 24 TexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended to be effective March 17, 2002, 27 TexReg 1733; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective December 31, 2007, 32 TexReg 9987; amended to be effective May 31, 2009, 34 TexReg 3263; amended to be effective December 27, 2010, 35 TexReg 11660; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective December 4, 2012, 37 TexReg 9503; amended to be effective September 11, 2013, 38 TexReg 5877; amended to be effective March 18, 2014, 39 TexReg 1930; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective January 1, 2016, 40 TexReg 8892; amended to be effective September 15, 2018; 43 TexReg 5776; amended to be effective September 8, 2022, 47 TexReg 5336; amended to be effective December 3, 2023, 48 TexReg 6903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225936", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.21", "label": "Appraiser Trainees and Supervisory Appraisers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225937", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Supervision of appraiser trainees required.(1) An appraiser trainee may perform appraisals or appraiser services only under the active, personal and diligent direction and supervision of a supervisory appraiser.(2) An appraiser trainee may be supervised by more than one supervisory appraiser.(3) Number of Appraiser Trainees Supervised.(A) Supervisory appraisers may supervise no more than three appraiser trainees at one time unless the requirements in subsection (a)(3)(B) of this section, are met;(B) Supervisory appraisers may supervise up to five appraiser trainees at one time if:(i) the supervisory appraiser has been licensed as a certified appraiser for more than five years;(ii) the supervisory appraiser submits an application and a trainee supervision plan using a process acceptable to the Board, subject to approval by the Board. The supervision plan must include the supervisory appraiser's plan for progress monitoring of the trainees and detail how the supervisor intends to ensure active, personal, and diligent supervision of each trainee; and(iii) the supervisory appraiser shall prepare and maintain regular trainee progress reports and make them available to the Board upon request until the trainee becomes certified or licensed or after two years have lapsed since supervising the trainee.(4) A supervisory appraiser may be added during the term of an appraiser trainee's license if:(A) The supervisory appraiser and appraiser trainee have provided proof to the Board of completion of an approved Appraiser Trainee/Supervisory Appraiser course using a process acceptable to the Board;(B) an application to supervise has been received and approved by the Board; and(C) the applicable fee has been paid.(5) A licensed appraiser trainee who signs an appraisal report must include his or her license number and the word \"Trainee\" as part of the appraiser trainee's signature in the report.(b) Eligibility requirements for appraiser trainee supervision.(1) To be eligible to supervise an appraiser trainee, a certified appraiser must:(A) be in good standing and not have had, within the last three years, disciplinary action affecting the certified appraiser's legal eligibility to engage in appraisal practice in any state including suspension, revocation, and surrender in lieu of discipline;(B) complete an approved Appraiser Trainee/Supervisory Appraiser course; and(C) submit proof of course completion to the Board using a process acceptable to the Board.(2) Before supervising an appraiser trainee, the supervisory appraiser must notify the appraiser trainee in writing of any disciplinary action taken against the supervisory appraiser within the last three years that did not affect the supervisory appraiser's eligibility to engage in appraisal practice.(3) An application to supervise must be received and approved by the Board before supervision begins.(c) Maintaining eligibility to supervise appraiser trainees.(1) A supervisory appraiser who wishes to continue to supervise appraiser trainees upon renewal of his/her license must complete an approved Appraiser Trainee/Supervisory Appraiser course within four years before the expiration date of the supervisory appraiser's current license and provide proof of completion to the Board using a process acceptable to the Board.(2) If a supervisory appraiser has not provided proof of course completion at the time of renewal, but has met all other requirements for renewing the license the supervisory appraiser will no longer be eligible to supervise appraiser trainees; and the Board will take the following actions:(A) the supervisory appraiser's license will be renewed on active status; and(B) the license of any appraiser trainees supervised solely by that supervisory appraiser will be placed on inactive status.(3) A certified appraiser may restore eligibility to supervise appraiser trainees by:(A) completing the course required by this section; and(B) submitting proof of course completion to the Board using a process acceptable to the Board.(4) The supervisory appraiser's supervision of previously supervised appraiser trainees may be reinstated by:(A) submitting a request using a process acceptable to the Board; and(B) payment of any applicable fees.(d) Maintaining eligibility to act as an appraiser trainee.(1) Appraiser trainees must maintain an appraisal log and appraisal experience certifications using a process acceptable to the Board, for the license period being renewed. It is the responsibility of both the appraiser trainee and the supervisory appraiser to ensure the appraisal log is accurate, complete and signed by both parties at least quarterly or upon change in supervisory appraiser. The appraiser trainee will promptly provide copies of the experience logs and certifications to the Board upon request.(2) An appraiser trainee must complete an approved Appraiser Trainee/Supervisory Appraiser course within four years before the expiration date of the appraiser trainee's current license and provide proof of completion to the Board.(3) If an appraiser trainee has not provided proof of course completion at the time of renewal using a process acceptable to the Board, but has met all other requirements for renewing the license:(A) the Board will renew the appraiser trainee's license on inactive status;(B) the appraiser trainee will no longer be eligible to perform appraisals or appraisal services; and(C) the appraiser trainee's relationship with any supervisory appraiser will be terminated.(4) An appraiser trainee may return the appraiser trainee's license to active status by:(A) completing the course required by this section;(B) submitting proof of course completion to the Board using a process acceptable to the Board;(C) submitting an application to return to active status, including an application to add a supervisory appraiser using a process acceptable to the Board; and(D) paying any required fees.(e) Duties of the supervisory appraiser.(1) Supervisory appraisers are responsible to the public and to the Board for the conduct of the appraiser trainee under the Act.(2) The supervisory appraiser assumes all the duties, responsibilities, and obligations of a supervisory appraiser as specified in these rules and must diligently supervise the appraiser trainee. Diligent supervision includes, but is not limited to, the following:(A) direct supervision and training as necessary;(B) ongoing training and supervision as necessary after the supervisory appraiser determines that the appraiser trainee no longer requires direct supervision;(C) communication with and accessibility to the appraiser trainee; and(D) review and quality control of the appraiser trainee's work.(3) Supervisory appraisers must approve and sign the appraiser trainee's appraisal log at least quarterly and provide appraiser trainees with access to any appraisals and work files completed under the supervisory appraiser.(4) After notice and hearing, the Board may reprimand a supervisory appraiser or may suspend or revoke a supervisory appraiser's license based on conduct by the appraiser trainee constituting a violation of the Act or Board rules.(f) Termination of supervision.(1) Supervision may be terminated by the supervisory appraiser or the appraiser trainee.(2) If supervision is terminated, the terminating party must:(A) immediately notify the Board using a process acceptable to the Board; and(B) notify the non-terminating party in writing no later than the 10th day after the date of termination; and(C) pay any applicable fees no later than the 10th day after the date of termination.(3) If an appraiser trainee is no longer under the supervision of a supervisory appraiser:(A) the appraiser trainee may no longer perform the duties of an appraiser trainee; and(B) is not eligible to perform those duties until:(i) an application to supervise the trainee has been filed using a process acceptable to the Board;(ii) any required fees have been paid; and(iii) the Board has approved the application.(g) Course approval.(1) To obtain Board approval of an Appraiser Trainee/Supervisory Appraiser course, a course provider must submit an application using a process acceptable to the Board.(2) Approval of an Appraiser Trainee/Supervisory Appraiser course shall expire two years from the date of Board approval.(3) An Appraiser Trainee/Supervisory Appraiser course may be delivered through:(A) classroom delivery; or(B) synchronous, asynchronous or hybrid distance education delivery. The course design and delivery mechanism for asynchronous distance education courses, including the asynchronous portion of hybrid courses must be approved by an AQB approved organization.(h) ACE credit.(1) Supervisory appraisers who complete the Appraiser Trainee/Supervisory Appraiser course may receive ACE credit for the course.(2) Appraiser Trainees may not receive qualifying or ACE credit for completing the Appraiser Trainee/Supervisory Appraiser course.", "sourceNote": "Source Note: The provisions of this §153.21 adopted\r\nto be effective March 2, 1992, 17 TexReg 1231; amended to be effective\r\nNovember 10, 1993, 18 TexReg 7542; amended to be effective July 21,\r\n1994, 19 TexReg 5354; amended to be effective November 17, 1999, 24\r\nTexReg 10090; amended to be effective April 1, 2001, 26 TexReg 2163;\r\namended to be effective March 20, 2006, 31 TexReg 2158; amended to\r\nbe effective October 12, 2006, 31 TexReg 8367; amended to be effective\r\nAugust 28, 2007, 32 TexReg 5368; amended to be effective December\r\n27, 2010, 35 TexReg 11660; amended to be effective November 1,2011,\r\n36 TexReg 7316; amended to be effective June 12, 2013, 38 TexReg 3587;\r\namended to be effective March 18, 2014, 39 TexReg 1930; amended to\r\nbe effective September 7, 2014, 39 TexReg 6857; amended to be\r\neffective March 19, 2015, 40 TexReg 1379; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8894; amended to be effective March 4,\r\n2018, 43 TexReg 1092; amended to be effective September 15, 2018;\r\n43 TexReg 5776; amended to be effective March 22, 2020, 45 TexReg\r\n1854; amended to be effective September 12, 2021, 46 TexReg 5550;\r\namended to be effective September 8, 2022, 47 TexReg 5336; amended\r\nto be effective December 3, 2023, 48 TexReg 6903; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5699." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225937", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.22", "label": "Volunteer Appraiser Experience Reviews" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before applying for a license, a person may submit up to two requests for the Board to review the appraiser trainee's work product.(b) A person may submit an application using a process acceptable to the Board for review of his or her work product after:(1) accumulating between thirty to fifty percent of the hours of appraisal experience required by the AQB for category of appraiser license the person will be applying for;(2) accumulating between sixty to eighty percent of the hours of appraisal experience required by the AQB for category of appraiser license the person will be applying for; or(3) both.(c) Work product submitted for review must fall within one of the approved categories of experience credit described in §153.15 of this title and meet the definition of real estate appraisal experience in §153.1 of this title.(d) The application for review of work product is not complete until the completed report and workfile, all required documentation and the required fee are received by the Board.(e) If a person provides inadequate documentation, the Board will notify the person in writing, and identify any deficiencies. Unless the work product review applicant cures the deficiencies within twenty days of notification, the Board will terminate the application for work product review.(f) The Board will provide a written report identifying deficiencies in the work product after the review is complete.(g) A review conducted under this provision:(1) is for educational purposes only;(2) does not constitute Board approval of the experience;(3) does not preclude the Board from denying a license application submitted by the work product review applicant in the future; and(4) will not result in a complaint against the work product review applicant unless the review reveals:(A) knowing or intentional misrepresentation, fraud or criminal conduct; or(B) serious deficiencies that constitute grossly negligent acts or omissions.", "sourceNote": "Source Note: The provisions of this §153.22 adopted\r\nto be effective March 13, 2016, 41 TexReg 1688; amended to be effective\r\nSeptember 15, 2018; 43 TexReg 5776; amended to be effective September\r\n8, 2022, 47 TexReg 5336; amended to be effective September 3, 2025,\r\n50 TexReg 5699." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225942", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.23", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder may request to be placed on inactive status by filing a request for inactive status using a process acceptable to the Board.(b) A license holder whose license has expired may renew on inactive status within six months after the license expiration date by:(1) filing an application for renewal using a process acceptable to the Board;(2) indicating on the application that the license holder wishes to renew on inactive status;(3) paying the required late renewal fees; and(4) satisfying the fingerprint and criminal history check requirements in §153.12 of this title.(c) A license holder on inactive status:(1) shall not appraise real property, engage in appraisal practice, or perform any activity for which a license is required; and(2) must file the proper renewal application and pay all required fees, except for the national registry fee, in order to renew the license.(d) To return to active status, a license holder who has been placed on inactive status must:(1) request to return to active status using a process acceptable to the Board;(2) pay the required fee;(3) satisfy all ACE requirements that were not completed while on inactive status, except that the license holder is not required to complete the most current 7-Hour National USPAP Update course or 7-Hour National USPAP Continuing Education course more than once in order to return to active status and shall substitute other approved courses to meet the required number of ACE hours; and(4) satisfy the fingerprint and criminal history check requirements in §153.12 of this title.(e) A license holder who has been on inactive status may not resume practice until the Board issues an active license.", "sourceNote": "Source Note: The provisions of this §153.23 adopted to be\r\neffective October 16, 2003, 28 TexReg 8943; amended to be effective\r\nMarch 27, 2007, 32 TexReg 1748; amended to be effective November 9,\r\n2008, 33 TexReg 8943; amended to be effective December 27, 2010, 35\r\nTexReg 11660; amended to be effective November 1, 2011, 36 TexReg\r\n7316; amended to be effective December 4, 2012, 37 TexReg 9505; amended\r\nto be effective September 7, 2014, 39 TexReg 6857; amended to be effective\r\nJanuary 1, 2017, 41 TexReg 7108; amended to be effective September\r\n8, 2022, 47 TexReg 5336; amended to be effective September 3, 2025, 50\r\nTexReg 5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225938", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.24", "label": "Complaint Processing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225939", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Receipt of a Complaint by the Board does not constitute the filing of a formal complaint by the Board against the individual named on the Complaint filing. Upon receipt of a signed Complaint, staff shall:(1) assign the complaint a case number in the complaint tracking system; and(2) send written acknowledgement of receipt to the Complainant.(b) Priority of complaint investigations. The Board prioritizes and investigates complaints based on the risk of harm each complaint poses to the public. Complaints that pose a high risk of public harm include violations of the Act, Board rules, or USPAP that:(1) evidence serious deficiencies, including:(A) Fraud;(B) Identity theft;(C) Unlicensed activity;(D) Ethical violations;(E) Failure to properly supervise an appraiser trainee; or(F) Other conduct determined by the Board that poses a significant risk of public harm; and(2) were done:(A) with knowledge;(B) deliberately;(C) willfully; or(D) with gross negligence.(c) The Board or the Executive Director may delegate to staff the duty to dismiss complaints. The complaint shall be dismissed with no further processing if the staff determines at any time that:(1) the complaint is not within the Board's jurisdiction; (2) no violation exists; or(3) an allegation or formal complaint is inappropriate or without merit.(d) A determination that an allegation or complaint is inappropriate or without merit includes a determination that the allegation or complaint:(1) was made in bad faith;(2) filed for the purpose of harassment;(3) to gain a competitive or economic advantage; or(4) lacks sufficient basis in fact or evidence.(e) Staff shall conduct a preliminary inquiry to determine if dismissal is required under subsection (d) of this section.(f) A complaint alleging mortgage fraud or in which mortgage fraud is suspected:(1) may be investigated covertly; and(2) shall be referred to the appropriate prosecutorial authorities.(g) Staff may request additional information from any person, if necessary, to determine how to proceed with the complaint.(h) If the TALCB Division requires additional information from a Respondent during the preliminary investigative review, a copy of the Complaint filing and all supporting documentation shall be included in the request, unless the complaint qualifies for covert investigation and the TALCB Division deems covert investigation appropriate. (i) The Board will:(1) protect the complainant's identity to the extent possible by excluding the complainant's identifying information from a complaint notice sent to a respondent.(2) periodically send written notice to the complainant and each respondent of the status of the complaint until final disposition. For purposes of this subsection, \"periodically\" means at least once every 90 days.(j) The Respondent shall submit a response within 20 days of receiving a copy of the Complaint filing. The 20-day period may be extended for good cause upon request in writing or by e-mail. The response shall include the following:(1) a copy of the appraisal report that is the subject of the complaint;(2) a copy of the Respondent's work file associated with the appraisal(s) listed in the complaint, with the following signed statement attached to the work file(s): I SWEAR AND AFFIRM THAT EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE COPY OF EACH AND EVERY APPRAISAL WORK FILE ACCOMPANYING THIS RESPONSE IS A TRUE AND CORRECT COPY OF THE ACTUAL WORK FILE, AND NOTHING HAS BEEN ADDED TO OR REMOVED FROM THIS WORK FILE OR ALTERED AFTER PLACEMENT IN THE WORK FILE.(SIGNATURE OF RESPONDENT);(3) a narrative response to the complaint, addressing each and every item in the complaint;(4) a list of any and all persons known to the Respondent to have actual knowledge of any of the matters made the subject of the complaint and, if in the Respondent's possession, contact information;(5) any documentation that supports Respondent's position that was not in the work file, as long as it is conspicuously labeled as non-work file documentation and kept separate from the work file. The Respondent may also address other matters not raised in the complaint that the Respondent believes need explanation; and(6) a signed, dated and completed copy of any questionnaire sent by Board staff.(k) Staff will evaluate the complaint within three months after receipt of the response from Respondent to determine whether sufficient evidence of a potential violation of the Act, Board rules, or the USPAP exists to pursue investigation and possible formal disciplinary action. If the staff determines that there is no jurisdiction, no violation exists, there is insufficient evidence to prove a violation, or the complaint warrants dismissal, including contingent dismissal, under §153.241 of this title (relating to Sanctions Guidelines), the complaint shall be dismissed with no further processing.(l) A formal complaint will be opened and investigated by a staff investigator or peer investigative committee, as appropriate, if:(1) the informal complaint is not dismissed under subsection (k) of this section; or(2) staff opens a formal complaint on its own motion.(m) Written notice that a formal complaint has been opened will be sent to the Complainant and Respondent.(n) The staff investigator assigned to investigate a formal complaint shall prepare a report detailing its findings.(o) The Board may order a person regulated by the Board to refund the amount paid by a consumer to the person for a service regulated by the Board.(p) Agreed resolutions of complaint matters pursuant to Texas Occupations Code §1103.458 or §1103.459 must be signed by:(1) the Board Chair or if the Board Chair is unavailable or must recuse him or herself, the Board Chair's designee, whom shall be (in priority order) the Board Vice Chair, the Board Secretary, or another Board member;(2) Respondent;(3) a representative of the TALCB Division; and(4) the Executive Director or his or her designee.", "sourceNote": "Source Note: The provisions of this §153.24 adopted\r\nto be effective February 26, 2023, 48 TexReg 892; amended to be effective\r\nDecember 3, 2023, 48 TexReg 6903; amended to be effective December\r\n10, 2024, 49 TexReg 9976; amended to be effective September 3, 2025,\r\n50 TexReg 5699." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225939", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.25", "label": "Temporary Out-of-State Appraiser License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210051", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person licensed as an appraiser by another state, commonwealth, or territory may register with the Board so as to qualify to appraise real property in this state without holding a license issued under the Act if:(1) the state, commonwealth or territory licensing program under which the person holds a license has not been disapproved by the ASC; and(2) the appraiser's business in this state is of a temporary nature not to exceed six months.(b) A person wishing to be registered under this section must:(1) submit an application for registration using a process acceptable to the Board;(2) pay the required fees; and(3) provide all supporting documentation or information requested by the Board in connection with the application for registration. (c) A person registered under this section must submit an irrevocable consent to service of process in this state using a process acceptable to the Board.(d) A person registered under this section may apply for a 90 day extension to the original expiration date of the temporary registration, provided the person:(1) is continuing the same appraisal assignment listed on the original application for temporary out-of-state appraiser registration; and(2) requests an extension using a process acceptable to the Board, received by the Board prior to the expiration of the current temporary registration.(e) A person who registers under this section is not required to comply with the fingerprint requirements in §153.12 of this title.", "sourceNote": "Source Note: The provisions of this §153.25 adopted to be\r\neffective November 10, 1993, 18 TexReg 7542; amended to be effective\r\nSeptember 1, 1995, 20 TexReg 6202; amended to be effective March 1,\r\n1997, 22 TexReg 1717; amended to be effective January 1, 1998, 22\r\nTexReg 12051; amended to be effective November 17, 1999, 24 TexReg\r\n10090; amended to be effective April 1, 2001, 26 TexReg 2163; amended\r\nto be effective January 1, 2006, 30 TexReg 8689; amended to be effective\r\nDecember 27, 2010, 35 TexReg 11660; amended to be effective September\r\n7, 2014, 39 TexReg 6857; amended to be effective January 1,2017, 41\r\nTexReg 7108; amended to be effective September 3, 2025, 50 TexReg 5699." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210051", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.26", "label": "Identity Theft" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192121", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section, \"identity theft\" shall mean any of the following activities occurring in connection with the rendition of real estate appraisal services:(1) Unlawfully obtaining, possessing, transferring or using a license issued by the Board; and/or(2) Unlawfully obtaining, possessing, transferring or using a person's electronic or handwritten signature.(b) A license holder shall implement and maintain reasonable procedures to protect and safeguard themselves from identity theft.(c) A license holder shall notify the Board if he or she is the victim of identity theft within 90 days of discovering such theft. Notice shall be effectuated by filing a signed, written complaint on a form prescribed by the Board.(d) The Board may invalidate a current license and issue a new one to a person the Board determines is a victim of identity theft. Any person seeking the invalidation of a current license issuance of a new one shall submit a written, signed request on a form provided by the Board for the invalidation of a current license and issuance of a new one. The basis for the request must be identity theft, and the requestor must submit credible evidence that the person is a victim of identity theft. Without limiting the type of evidence a person may submit to the Board, a court order issued in accordance with Texas Business and Commerce Code Chapter 521, Subchapter C, declaring that the person is a victim of identity theft shall constitute credible evidence. Any such court order must relate to identity theft as defined in this section.(e) Engaging in identity theft in order to perform appraisals constitutes a violation of §153.20(a)(7), (19), and (21) of this title. In addition to any action taken by the Board, persons engaging in identity theft may also be referred to the appropriate law enforcement agency for criminal prosecution.", "sourceNote": "Source Note: The provisions of this §153.26 adopted to be effective November 1, 2011, 36 TexReg 7316; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective September 15, 2018; 43 TexReg 5776; amended to be effective September 8, 2022, 47 TexReg 5336." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192121", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.27", "label": "License by Reciprocity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215669", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who is licensed as an appraiser under the laws of a state whose appraiser program has not been disapproved by the ASC may apply for a Texas license at that same level by completing and submitting to the Board the application for license by reciprocity and paying the required fee to the Board.(b) The Board shall verify that the applicant's license is valid and in good standing by checking the National Appraiser Registry. A reciprocal license may not be issued without the verification required by this subsection.(c) Renewal of a license granted through reciprocity shall be in the same manner, and with the same requirements, term, and fees, as for the same classification of license as provided in §153.17 of this title.", "sourceNote": "Source Note: The provisions of this §153.27 adopted to be effective November 10, 1993, 18 TexReg 7542; amended to be effective September 1, 1995, 20 TexReg 6202; amended to be effective March 1, 1997, 22 TexReg 1717; amended to be effective November 17, 1999, 24 TexReg 10090 ; amended to be effective January 1, 2006, 30 TexReg 8689; amended to be effective September 7, 2008, 33 TexReg 7516; amended to be effective December 27, 2010, 35 TexReg 11660; amended to be effective November 1, 2011, 36 TexReg 7316; amended to be effective September 7, 2014, 39 TexReg 6857; amended to be effective March 13, 2016, 41TexReg 1689; amended to be effective January 1, 2017, 41 TexReg 7108; amended to be effective September 15, 2018; 43 TexReg 5776." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215669", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.28", "label": "Peer Investigative Committee Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board Chair, with the advice and consent of the Executive Committee, may appoint a Peer Investigative Committee pool at least every two years.(b) A panel of the Peer Investigative Committee shall consist of:(1) an Appraiser Board Member;(2) a Board Member who is a licensed or certified appraiser; and(3) a TALCB Investigator.(c) The Board members serving on the Peer Investigative Committee shall serve on the committee on a rotating basis.(d) During complaint intake, the TALCB Director or his or her designee shall assign a TALCB Investigator to investigate the complaint.(e) Complaints in which adverse action or contingent dismissals is recommended by an investigator are subject to review by the Peer Investigative Committee. Complaints that result in dismissals, defaults, or warning letters are not subject to review by the Peer Investigative Committee.(f) No more than 7 days following the investigator's completion of an investigative report, the investigator shall provide his or her findings, including the investigative report and the complaint file, to the Board members of the Peer Investigative Committee. The investigative report must include:(1) a statement of facts;(2) the investigator's recommendations; and(3) the position or defense of the respondent.(g) Board members of the Peer Investigative Committee, Investigators, and staff may elect to confer in person, via e-mail, or video conference prior to the Board members' determination.(h) The Board delegates its authority to receive the written findings or determination of the Peer Investigative Committee to the Executive Director.(i) No more than five business days after the review of the investigator's findings, the Board members of Committee shall render a determination agreeing or disagreeing with the investigator's finding of alleged violations and submit a copy of their determination to the Executive Director or his or her designee on behalf of the Board. The determination shall serve as a recommendation to the TALCB Division as to whether to pursue adverse action against a respondent. A copy of the Board members' determination shall be included in the complaint file. The Board Chair may request statistical data related to the investigator's recommendations, Board members' determination, and adverse action pursued by the Division.(j) Board members who participate in the Peer Investigative Committee Review of a complaint are disqualified from participating in any future adjudication of the same complaint.", "sourceNote": "Source Note: The provisions of this §153.28 adopted to be effective March 18, 2021, 46 TexReg 1640; amended to be effective September 8, 2022, 47 TexReg 5336; amended to be effective December 3, 2023, 48 TexReg 6903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168967", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.33", "label": "Signature or Endorsement of Appraisal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168968", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder who signs an appraisal report is responsible for the content of the entire appraisal report.", "sourceNote": "Source Note: The provisions of this §153.33 adopted to be effective November 10, 1993, 8 TexReg 7542; amended to be effective December 27, 2010, 35 TexReg 11660; amended to be effective September 7, 2014, 39 TexReg 6857." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168968", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.37", "label": "Criminal Matters Referred to Law Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225943", "queryAsDate": "03/11/2026" }, "ruleBody": "Matters that are referred to the appropriate state or federal law enforcement agency for criminal investigation and prosecution shall also be fully and appropriately investigated by the Board's investigators, and the Board shall take appropriate disciplinary action.", "sourceNote": "Source Note: The provisions of this §153.37 adopted to be effective November 10, 1993, 18 TexReg 7542; amended to be effective July 21, 1994, 19 TexReg 5354; amended to be effective October 16, 2003, 28 TexReg 8944; amended to be effective August 28, 2007, 32 TexReg 5368; amended to be effective December 27, 2010, 35 TexReg 11660; amended to be effective September 7, 2014, 39 TexReg 6857." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225943", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.40", "label": "Approval of Continuing Education Providers and Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198771", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms shall have the following meanings in this section, unless the context clearly indicates otherwise.(1) Applicant--A person seeking accreditation or approval to be an appraiser continuing education (ACE) provider.(2) ACE course--Any education course for which continuing education credit may be granted by the Board to a license holder.(3) ACE provider--Any person approved by the Board; or specifically exempt by the Act, Chapter 1103, Texas Occupation Code, or Board rule; that offers a course for which continuing education credit may be granted by the Board to a license holder.(4) Distance education course--A course offered in accordance with AQB criteria in which the instructor and students are geographically separated as defined by the AQB. Distance education includes synchronous delivery, when the instructor and student interact simultaneously online; asynchronous delivery, when the instructor and student interaction is non-simultaneous; and hybrid or blended course delivery that allows for both in-person and online interaction, either synchronous or asynchronous.(5) Severe weather--weather conditions, including but not limited to severe thunderstorms, tornados, hurricanes, snow and ice, that pose risks to life or property and require intervention by government authorities and office or school closures.(b) Approval of ACE Providers.(1) A person seeking to offer ACE courses must:(A) file an application using a process acceptable to the Board, with all required documentation;(B) pay the required fees under §153.5 of this title; and(C) maintain a fixed office in the state of Texas or designate a resident of this state as attorney-in-fact to accept service of process and act as custodian of any records in Texas which the continuing education provider is required to maintain by this subchapter. (2) The Board may:(A) request additional information be provided to the Board relating to an application; and(B) terminate an application without further notice if the applicant fails to provide the additional information within 60 days from the Board's request.(3) Exempt Providers. A unit of federal, state or local government may submit ACE course approvals without becoming an approved ACE provider.(4) Standards for approval. To be approved by the Board to offer ACE courses, an applicant must satisfy the Board as to the applicant's ability to administer courses with competency, honesty , trustworthiness and integrity. If an applicant proposes to employ another person to manage the operation of the applicant, that person must meet this standard as if that person were the applicant.(5) Approval notice. An applicant shall not act as or represent itself to be an approved ACE provider until the applicant has received written notice of the approval from the Board.(6) Period of initial approval. The initial approval of a CE provider is valid for two years.(7) Disapproval.(A) If the Board determines that an applicant does not meet the standards for approval, the Board will provide written notice of disapproval to the applicant.(B) The disapproval notice, applicant's request for a hearing on the disapproval, and any hearing are governed by the Administrative Procedure Act, Chapter 2001, Government Code, and Chapter 157 of this title. Venue for any hearing conducted under this section shall be in Travis County.(8) Renewal.(A) Not earlier than 90 days before the expiration of its current approval, an approved provider may apply for renewal for another two year period.(B) Approval or disapproval of a renewal application shall be subject to the standards for initial applications for approval set out in this section.(C) The Board may deny an application for renewal if the provider is in violation of a Board order.(c) Application for approval of ACE courses. This subsection applies to appraiser education providers seeking to offer ACE courses.(1) For each ACE course an applicant intends to offer, the applicant must:(A) file an application using a process acceptable to the Board, with all required documentation; and(B) pay the fees required by §153.5 of this title.(2) An ACE provider may file a single application for an ACE course offered through multiple delivery methods.(3) An ACE provider who seeks approval of a new delivery method for a currently approved ACE course must submit a new application and pay all required fees.(4) The Board may:(A) request additional information be provided to the Board relating to an application; and(B) terminate an application without further notice if the applicant fails to provide the additional information within 60 days from the Board's request.(5) Standards for ACE course approval.(A) To be approved as an ACE course by the Board, the course must:(i) cover subject matter appropriate for appraiser continuing education as defined by the AQB;(ii) submit a statement describing the objective of the course and the acceptable AQB topics covered;(iii) be current and accurate; and(iv) be at least two hours long.(B) The course must be presented in full hourly units.(C) The course must be delivered by one of the following delivery methods:(i) classroom delivery; or(ii) distance education.(D) The course design and delivery mechanism for asynchronous distance education courses, including the asynchronous portion of hybrid courses must be approved by an AQB approved organization.(6) Approval notice.(A) An ACE provider cannot offer an ACE course until the provider has received written notice of the approval from the Board.(B) An ACE course expires two years from the date of approval. ACE providers must reapply and meet all current requirements of this section to offer the course for another two years.(d) Approval of currently approved ACE course for a secondary provider.(1) If an ACE provider wants to offer an ACE course currently approved for another provider, the secondary provider must:(A) file an application using a process acceptable to the Board, with all required documentation;(B) submit written authorization to the Board from the author or provider for whom the course was initially approved granting permission for the secondary provider to offer the course; and(C) pay the fees required by §153.5 of this title.(2) If approved to offer the currently approved course, the secondary provider must:(A) offer the course as originally approved;(B) assume the original expiration date;(C) include any approved revisions;(D) use all materials required for the course; and(E) meet the requirements of subsection (j) of this section.(e) Approval of ACE courses currently approved by the AQB or another state appraiser regulatory agency.(1) To obtain Board approval of an ACE course currently approved by the AQB or another state appraiser regulatory agency, an ACE provider must:(A) be currently approved by the Board as an ACE provider; (B) file an application using a process acceptable to the Board, with all required documentation; and(C) pay the course approval fee required by §153.5 of this title.(2) If approved to offer the ACE course, the ACE provider must offer the course as approved by the AQB or other state appraiser regulatory agency, using all materials required for the course.(3) Any course approval issued under this subsection expires the earlier of two years from the date of Board approval or the remaining term of approval granted by the AQB or other state appraiser regulatory agency.(f) Approval of ACE courses for a 2-hour in-person one-time offering.(1) To obtain Board approval of a 2-hour ACE course for an in-person one-time offering, an ACE provider must:(A) be currently approved by the Board as an ACE provider; (B) file an application using a process acceptable to the Board, with all required documentation; and(C) pay the one-time offering course approval fee required by §153.5 of this title.(2) Any course approved under this subsection is limited to the scheduled presentation date stated on the written notice of course approval issued by the Board.(3) If a course approved under this subsection must be rescheduled due to circumstances beyond the provider's control, including severe weather or instructor illness, the Board may approve the revised course date if the provider:(A) submits a request for revised course date using a process acceptable to the Board; and(B) offers the course on the revised date in the same manner as it was originally approved.(g) Application for approval to offer a 7-Hour National USPAP Update course or 7-Hour National USPAP Continuing Education course.(1) To obtain approval to offer a 7-Hour National USPAP Update course or 7-Hour National USPAP Continuing Education course, the provider must:(A) be approved by the Board as an ACE provider;(B) file an application using a process acceptable to the Board, with all required documentation;(C) submit written documentation to the Board demonstrating that the course and instructor are currently approved by the AQB;(D) pay the course approval fee required by §153.5 of this title;(E) use the current version of the USPAP; and(F) ensure each student has access to his or her own electronic or paper copy of the current version of USPAP.(2) Approved ACE providers of the 7-Hour National USPAP Update course or 7-Hour National USPAP Continuing Education course may include up to one additional classroom credit hour of supplemental Texas specific information. This may include topics such as the Act, Board rules, processes and procedures, enforcement issues or other topics deemed appropriate by the Board.(h) Application for ACE course approval for a presentation by current Board members or staff. As authorized by law, current members of the Board and Board staff may teach or guest lecture as part of an approved ACE course. To obtain ACE course approval for a presentation by a Board member or staff, the provider must:(1) file an application using a process acceptable to the Board, with all required documentation; and(2) pay the fees required by §153.5 of this title.(i) Responsibilities and Operations of ACE providers.(1) ACE course examinations or course mechanism to demonstrate knowledge of the subject matter:(A) are required for ACE distance education courses; and(B) must comply with AQB requirements.(2) Course evaluations. A provider shall provide each student enrolled in an ACE course a course evaluation form approved by the Board and a link to an online version of the evaluation form that a student may complete and submit to the provider after course completion.(3) Course completion rosters.(A) Classroom courses. Upon successful completion of an ACE classroom course, a provider shall submit to the Board a course completion roster in a format approved by the Board no later than the 10th day after the date a course is completed. The roster shall include:(i) the provider's name and license number;(ii) the instructor's name;(iii) the course title;(iv) the course approval number;(v) the number of credit hours;(vi) the date of issuance; and(vii) the date the student started and completed the course.(B) Distance education courses. A provider shall maintain a Distance Education Reporting Form and submit information contained in that form using a process acceptable to the Board for each student completing the course not earlier than the number of hours for course credit after a student starts the course and not later than the 10th day after the student completes the course.(4) An ACE provider may withhold any official course completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider. (5) Security and Maintenance of Records.(A) An ACE provider shall maintain:(i) adequate security against forgery for official completion documentation required by this subsection;(ii) records of each student enrolled in a course for a minimum of four years following completion of the course, including course and instructor evaluations and student enrollment agreements; and(iii) any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.(B) All records may be maintained electronically but must be in a common format that is legible and easily printed or viewed without additional manipulation or special software.(C) Upon request, an ACE provider shall produce instructor and course evaluation forms for inspection by Board staff.(6) Changes in Ownership or Operation of an approved ACE provider.(A) An approved ACE provider shall obtain approval of the Board at least 30 days in advance of any material change in the operation of the provider, including but not limited to changes in:(i) ownership;(ii) management; and(iii) the location of main office and any other locations where courses are offered.(B) An approved provider requesting approval of a change in ownership shall submit a request using a process acceptable to the Board for each proposed new owner who would hold at least a 10% interest in the provider.(j) Non-compliance.(1) If the Board determines that an ACE course or provider no longer complies with the requirements for approval, the Board may suspend or revoke approval for the ACE course or provider.(2) Proceedings to suspend or revoke approval of an ACE course or provider shall be conducted in accordance with §153.41 of this title.", "sourceNote": "Source Note: The provisions of this §153.40 adopted\r\nto be effective December 16, 2018, 43 TexReg 8117; amended to be effective\r\nMarch 22, 2020, 45 TexReg 1854; amended to be effective September\r\n8, 2022, 47 TexReg 5336; amended to be effective September 3, 2025,\r\n50 TexReg 5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198771", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.41", "label": "ACE Providers: Compliance and Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226970", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Audits. Board staff may:(1) conduct on-site audits without prior notice to a provider; and(2) enroll and attend a course without identifying themselves as employees of the Board for purposes of auditing a course.(b) Audit reports.(1) After conducting an audit, Board staff will prepare an audit report and send a copy of the report to the provider who is the subject of the audit.(2) If staff identifies deficiencies in an audit report, the provider will be given a reasonable opportunity to cure the deficiencies.(3) An audit report indicating noncompliance with AQB requirements, the Act, or Board Rules may be referred for enforcement and treated as a written complaint against the provider if probable cause exists to believe the noncompliance involves:(A) gross negligence;(B) knowledge or intent; or(C) continued noncompliance after notice of the audit report and a reasonable opportunity to cure it voluntarily.(c) Reasonable Opportunity to Cure. For purposes of this section, a reasonable opportunity to cure means 30 days from the date a provider receives the audit report.(d) Extensions of time. The Board may grant a request for an extension of time to cure deficiencies if the provider:(1) submits the request in writing; and(2) demonstrates progress towards curing the deficiencies.(e) Complaints, investigations and hearings.(1) The Board will investigate complaints against providers or that allege violations of the AQB requirements, the Act, or Board Rules.(2) Complaints must be in writing, and the Board may not initiate an investigation, or take action against a provider, based on an anonymous complaint.(3) Board staff may initiate a complaint for any violation of AQB requirements, the Act, or Board Rules, including a complaint against a provider, if a document submitted to the Board provides reasonable cause to believe a violation occurred.(4) The Board shall provide a copy of the complaint the provider named in the complaint.(5) Proceedings against a provider will be conducted in the manner required by the Act, the Administrative Procedure Act, Chapter 2001, Government Code, and Chapter 157 of this title. Venue for any hearing or proceeding conducted under this section will be in Travis County.(f) Cooperation with audit or complaint investigation. A provider shall provide records in his or her possession for examination by the Board or provide such information requested by the Board not later than the 20th day after the date of receiving a request for examination of records or information.(g) Grounds for disciplinary action against an approved provider.(1) The following acts committed by a provider are grounds for disciplinary action by the Board:(A) procuring or attempting to procure approval for a provider or course by fraud, misrepresentation or deceit, or by making a material misrepresentation of fact in an application filed with the Board;(B) making a false representation to the Board, either intentionally or negligently, that a person attended a course or a portion of a course for which credit was awarded, that a person completed an examination, or that a person completed any other requirement for course credit;(C) aiding or abetting a person to circumvent the requirements for attendance established by the Board, the completion of any examination, or any other requirement for course credit;(D) failing to provide, not later than the 20th day after the date of a request, information requested by the Board as a result of a complaint alleging a violation of AQB requirements, the Act, or Board Rules;(E) making a materially false statement to the Board in response to a request from the Board for information relating to a complaint against the provider; or(F) disregarding or violating an AQB requirement or provision of the Act or Board Rules.(2) The Board may initiate a complaint against a provider if the Board receives a complaint, or is presented with other evidence acceptable to the Board alleging that a provider has failed to:(A) teach the curriculum standards required by the AQB or Board Rules; or(B) meet the course delivery requirements required by the AQB or Board Rules.(3) If after an investigation the Board determines that a provider engaged in any of the acts listed in this subsection, or failed to follow the curriculum standards or course delivery requirements of the AQB or Board Rules, the Board may take one or more of the following disciplinary actions against a provider:(A) reprimand;(B) impose an administrative penalty; or(C) suspend or revoke approval of a provider or an ACE course offered by the provider.(h) Probation. The Board may probate an order of suspension or revocation issued under this section upon reasonable terms and conditions.", "sourceNote": "Source Note: The provisions of this §153.41 adopted to be effective December 16, 2018, 43 TexReg 8117; amended to be effective March 22, 2020, 45 TexReg 1857." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226970", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.42", "label": "Approval of Practicum Providers and Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226971", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms shall have the following meanings in this section, unless the context clearly indicates otherwise.(1) Applicant--A person seeking approval to be a Practicum Course provider.(2) Practicum Course provider- Any person approved by the Board or the AQB that offers a Practicum course for which experience credit may be granted by the Board to a license holder.(b) Approval of Practicum Course Providers.(1) A person seeking to offer a Practicum Course must:(A) file an application using a process acceptable to the Board, with all required documentation; and(B) maintain a fixed office in the state of Texas or designate a resident of this state as attorney-in-fact to accept service of process and act as custodian of any records in Texas which the Practicum Course provider is required to maintain by this subchapter.(2) The Board may:(A) request additional information be provided to the Board relating to an application; and(B) terminate an application without further notice if the applicant fails to provide the additional information within 60 days from the Board's request.(3) Standards for approval. To be approved by the Board to offer a Practicum course, an applicant must satisfy the Board as to the applicant's ability to administer courses with competency, honesty, trustworthiness and integrity. If an applicant proposes to employ another person to manage the operation of the applicant, that person must meet this standard as if that person were the applicant.(4) Approval notice. An applicant shall not act as or represent itself to be an approved Practicum Course provider until the applicant has received written notice of the approval from the Board.(5) Period of initial approval. The initial approval of a Practicum Course provider is valid for two years.(6) Disapproval.(A) If the Board determines that an applicant does not meet the standards for approval, the Board will provide written notice of disapproval to the applicant.(B) The disapproval notice, applicant's request for a hearing on the disapproval, and any hearing are governed by the Administrative Procedure Act, Chapter 2001, Government Code, and Chapter 157 of this title. Venue for any hearing conducted under this section shall be in Travis County.(7) Renewal.(A) Not earlier than 90 days before the expiration of its current approval, an approved provider may apply for renewal for another two-year period.(B) Approval or disapproval of a renewal application shall be subject to the standards for initial applications for approval set out in this section.(C) The Board may deny an application for renewal if the provider is in violation of a Board order.(c) Application for approval of Practicum courses. This subsection applies to appraiser education providers seeking to offer Practicum courses.(1) For each Practicum course an applicant intends to offer, the applicant must file an application using a process acceptable to the Board, with all required documentation; and(2) A provider may file a single application for a Practicum course offered through multiple delivery methods.(3) A provider who seeks approval of a new delivery method for a currently approved Practicum course must submit a new application and pay all required fees.(4) The Board may:(A) request additional information be provided to the Board relating to an application; and(B) terminate an application without further notice if the applicant fails to provide the additional information within 60 days from the Board's request.(5) Standards for Practicum Course approval.(A) To be approved by the Board, the Practicum Course must: (i) include all design and content requirements of the AQB for Practicum Courses as outlined in the Criteria; (ii) include the generally applicable methods of appraisal practice for the credential category; and(iii) require participants to possess all qualifying education for the credential category for which the practicum course is intended to satisfy the experience requirement prior to commencement of the practicum course.(B) The applicant must demonstrate: (i) how the course includes generally applicable methods of appraisal practice for the credential category;(ii) the course content includes time spent on the appraisal process;(iii) the hours of instruction and documented research and analysis are sufficient to meet the experience requirements of the credential category; (iv) the practicum course is reproduceable and replicable; and(v) the course content is current and accurate.(C) The course must be delivered by one of the following delivery methods:(i) classroom delivery; or(ii) distance education.(D) The course design and delivery mechanism for asynchronous content, including the asynchronous portion of hybrid courses must be approved by an AQB approved organization.(6) Approval notice.(A) A provider cannot offer a Practicum course until the provider has received written notice of the approval from the Board.(B) A Practicum course expires two years from the date of approval. Providers must reapply and meet all current requirements of this section to offer the course for another two years.(d) Approval of a Practicum course currently approved by the AQB.(1) To obtain Board approval of a Practicum Course currently approved by the AQB, the applicant must: (A) be currently approved by the Board as a Practicum provider;(B) file an application using a process acceptable to the Board, with all required documentation; and(2) If approved to offer the Practicum course, the provider must offer the course as approved by the AQB, using all materials required for the course.(3) Any course approval issued under this subsection expires the earlier of two years from the date of Board approval or the remaining term of approval granted by the AQB.(e) Responsibilities and Operations of Practicum Providers. (1) Security and Maintenance of Records.(A) A Practicum course provider shall maintain:(i) adequate security against forgery for official completion documentation required by this subsection;(ii) a records retention policy requiring that all records are kept for a minimum of five (5) years from the date a student completes, withdraws from, or is removed from the course;(B) All records may be maintained electronically but must be in a common format that is legible and easily printed or viewed without additional manipulation or special software.(2) Changes in Ownership or Operation of an approved Practicum provider.(A) An approved Practicum provider shall obtain approval of the Board at least 30 days in advance of any material change in the operation of the provider, including but not limited to changes in:(i) ownership;(ii) management; and(iii) the location of main office and any other locations where courses are offered.(B) An approved provider requesting approval of a change in ownership shall submit a request using a process acceptable to the Board for each proposed new owner who would hold at least a 10% interest in the provider.(f) Non-compliance.(1) If the Board determines that a Practicum course or provider no longer complies with the requirements for approval, the Board may suspend or revoke approval for the course or provider.(2) Proceedings to suspend or revoke approval of a Practicum course or provider shall be conducted in accordance with §153.43 of this title.", "sourceNote": "Source Note: The provisions of this §153.42 adopted\r\nto be effective December 7, 2025, 50 TexReg 7922." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226971", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.43", "label": "Providers and Courses: Compliance and Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220484", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Audits. Board staff may:(1) conduct on-site audits without prior notice to a provider; and(2) enroll and attend a course without identifying themselves as employees of the Board for purposes of auditing a course.(b) Audit reports.(1) After conducting an audit, Board staff will prepare an audit report and send a copy of the report to the provider who is the subject of the audit.(2) If staff identifies deficiencies in an audit report, the provider will be given a reasonable opportunity to cure the deficiencies. (3) An audit report indicating noncompliance with AQB requirements, the Act, or Board Rules may be referred for enforcement and treated as a written complaint against the provider if probable cause exists to believe the noncompliance involves:(A) gross negligence;(B) knowledge or intent; or(C) continued noncompliance after notice of the audit report and a reasonable opportunity to cure it voluntarily.(c) Reasonable Opportunity to Cure. For purposes of this section, a reasonable opportunity to cure means 30 days from the date a provider receives the audit report.(d) Extensions of time. The Board may grant a request for an extension of time to cure deficiencies if the provider:(1) submits the request in writing; and(2) demonstrates progress towards curing the deficiencies. (e) Complaints, investigations and hearings.(1) The Board will investigate complaints against providers or that allege violations of the AQB requirements, the Act, or Board Rules.(2) Complaints must be in writing, and the Board may not initiate an investigation, or take action against a provider, based on an anonymous complaint.(3) Board staff may initiate a complaint for any violation of AQB requirements, the Act, or Board Rules, including a complaint against a provider, if a document submitted to the Board provides reasonable cause to believe a violation occurred.(4) The Board shall provide a copy of the complaint the provider named in the complaint.(5) Proceedings against a provider will be conducted in the manner required by the Act, the Administrative Procedure Act, Chapter 2001, Government Code, and Chapter 157 of this title. Venue for any hearing or proceeding conducted under this section will be in Travis County.(f) Cooperation with audit or complaint investigation. A provider shall provide records in his or her possession for examination by the Board or provide such information requested by the Board not later than the 20th day after the date of receiving a request for examination of records or information.(g) Grounds for disciplinary action against an approved provider.(1) The following acts committed by a provider are grounds for disciplinary action by the Board:(A) procuring or attempting to procure approval for a provider or course by fraud, misrepresentation or deceit, or by making a material misrepresentation of fact in an application filed with the Board;(B) making a false representation to the Board, either intentionally or negligently, that a person attended a course or a portion of a course for which credit was awarded, that a person completed an examination, or that a person completed any other requirement for course credit;(C) aiding or abetting a person to circumvent the requirements for attendance established by the Board, the completion of any examination, or any other requirement for course credit;(D) failing to provide, not later than the 20th day after the date of a request, information requested by the Board as a result of a complaint alleging a violation of AQB requirements, the Act, or Board Rules;(E) making a materially false statement to the Board in response to a request from the Board for information relating to a complaint against the provider; or(F) disregarding or violating an AQB requirement or provision of the Act or Board Rules.(G) engaging in any other activity that relates to providing or administering a Practicum Course that the Board, in its discretion, believes warrants a suspension or revocation;(2) The Board may initiate a complaint against a provider if the Board receives a complaint, or is presented with other evidence acceptable to the Board alleging that a provider has failed to:(A) follow the curriculum standards required by the AQB or Board Rules; or(B) meet the course delivery requirements required by the AQB or Board Rules.(3) If after an investigation the Board determines that a provider engaged in any of the acts listed in this subsection, or failed to follow the curriculum standards or course delivery requirements of the AQB or Board Rules, the Board may take one or more of the following disciplinary actions against a provider:(A) reprimand;(B) impose an administrative penalty; or(C) suspend or revoke approval of a provider or a Practicum course offered by the provider; or(D) Require promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas;(h) Probation. The Board may probate an order of suspension or revocation issued under this section upon reasonable terms and conditions.", "sourceNote": "Source Note: The provisions of this §153.43 adopted to be\r\neffective December 7, 2025, 50 TexReg 7922." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220484", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "153", "label": "RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT" }, "rule": { "number": "§153.241", "label": "Sanctions Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165020", "queryAsDate": "03/11/2026" }, "ruleBody": "In determining the proper disposition of a formal complaint pending as of or filed after the effective date of this rule, and subject to the maximum penalties authorized under Texas Occupations Code §1103.552, staff, the administrative law judge in a contested case hearing, and the Board shall consider the following sanctions guidelines and list of non-exclusive factors as demonstrated by the evidence in the record of a contested case proceeding.(1) For the purposes of these sanctions guidelines:(A) A person will not be considered to have had a prior warning letter, contingent dismissal or discipline if that prior warning letter, contingent dismissal or discipline was issued by the Board more than seven years before the current alleged violation occurred;(B) Prior discipline is defined as any sanction (including administrative penalty) received under a Board final or agreed order;(C) A violation refers to a violation of any provision of the Act, Board rules or USPAP;(D) \"Minor deficiencies\" is defined as violations of the Act, Board rules or USPAP which do not impact the credibility of the appraisal assignment results, the assignment results themselves and do not impact the license holder's honesty, integrity, or trustworthiness to the Board, the license holder's clients, or intended users of the appraisal service provided;(E) \"Serious deficiencies\" is defined as violations of the Act, Board rules or USPAP that:(i) impact the credibility of the appraisal assignment results, the assignment results themselves or do impact the license holder's honesty, trustworthiness or integrity to the Board, the license holder's clients, or intended users of the appraisal service provided; or(ii) are deficiencies done with knowledge, deliberate or willful disregard, or gross negligence that would otherwise be classified as \"minor deficiencies\";(F) \"Remedial measures\" include, but are not limited to, training, mentorship, education, reexamination, or any combination thereof; and(G) The terms of a contingent dismissal agreement will be in writing and agreed to by all parties. Staff may dismiss the complaint with a non-disciplinary warning upon written agreement that the Respondent will complete all remedial measures within the agreed-upon timeframe. If the Respondent fails to meet the deadlines in the agreement, the Respondent's license or certification will be automatically set to inactive status until the Respondent completes the remedial measures set forth in the agreement.(2) List of factors to consider in determining proper disposition of a formal complaint:(A) Whether the Respondent has previously received a warning letter or contingent dismissal and, if so, the similarity of facts or violations in that previous complaint to the facts or violations in the instant complaint matter;(B) Whether the Respondent has previously been disciplined;(C) If previously disciplined, the nature of the prior discipline, including:(i) Whether prior discipline concerned the same or similar violations or facts;(ii) The nature of the disciplinary sanctions previously imposed; and(iii) The length of time since the prior discipline;(D) The difficulty or complexity of the appraisal assignment(s) at issue;(E) Whether the violations found were of a negligent, grossly negligent or a knowing or intentional nature;(F) Whether the violations found involved a single appraisal/instance of conduct or multiple appraisals/instances of conduct;(G) To whom were the appraisal report(s) or the conduct directed, with greater weight placed upon appraisal report(s) or conduct directed at:(i) A financial institution or their agent, contemplating a lending decision based, in part, on the appraisal report(s) or conduct at issue;(ii) The Board;(iii) A matter which is actively being litigated in a state or federal court or before a regulatory body of a state or the federal government;(iv) Another government agency or government sponsored entity, including, but not limited to, the United States Department of Veteran's Administration, the United States Department of Housing and Urban Development, the State of Texas, Fannie Mae, and Freddie Mac; or(v) A consumer contemplating a real property transaction involving the consumer's principal residence;(H) Whether Respondent's violations caused any harm, including financial harm, and the extent or amount of such harm;(I) Whether Respondent acknowledged or admitted to violations and cooperated with the Board's investigation prior to any contested case hearing;(J) The level of experience Respondent had in the appraisal profession at the time of the violations, including:(i) The level of appraisal credential Respondent held;(ii) The length of time Respondent had been an appraiser;(iii) The nature and extent of any education Respondent had received related to the areas in which violations were found; and(iv) Any other real estate or appraisal related background or experience Respondent had;(K) Whether Respondent can improve appraisal skills and reports through the use of remedial measures;(L) Whether the appraisal or conduct at issue was investigated by another governmental agency with jurisdiction and any action taken; and(M) The likelihood of the same or similar conduct occurring again.(3) The following sanctions guidelines shall be employed in conjunction with the factors listed in paragraph (2) of this rule to assist in reaching the proper disposition of a formal complaint:(A) 1st Time Discipline Level 1--violations of the Act, Board rules, or USPAP which evidence minor deficiencies will result in one of the following outcomes:(i) Dismissal;(ii) Dismissal with non-disciplinary warning letter; or(iii) Contingent dismissal with remedial measures.(B) 1st Time Discipline Level 2--violations of the Act, Board rules, or USPAP which evidence serious deficiencies will result in one of the following outcomes:(i) Dismissal with non-disciplinary warning letter;(ii) Contingent dismissal with remedial measures; or(iii) A final order which imposes one or more of the following:(I) Remedial measures;(II) Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice;(III) A probationary period with provisions for monitoring the Respondent's practice;(IV) Restrictions on the Respondent's ability to sponsor any appraiser trainees;(V) Restrictions on the scope of practice the Respondent is allowed to engage in for a specified time period or until specified conditions are satisfied; or(VI) Up to $250 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, not to exceed $3,000 in the aggregate.(C) 1st Time Discipline Level 3--violations of the Act, Board rules, or USPAP which evidence serious deficiencies and were done with knowledge, deliberately, willfully, or with gross negligence will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice;(v) A probationary period with provisions for monitoring the Respondent's practice;(vi) Restrictions on the Respondent's ability to sponsor any appraiser trainees;(vii) Restrictions on the scope of practice the Respondent is allowed to engage in for a specified time period or until specified conditions are satisfied; or(viii) Up to $1,500 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, up to the maximum $5,000 statutory limit per complaint matter.(D) 2nd Time Discipline Level 1--violations of the Act, Board rules, or USPAP which evidence minor deficiencies will result in one of the following outcomes:(i) Dismissal;(ii) Dismissal with non-disciplinary warning letter;(iii) Contingent dismissal with remedial measures; or(iv) A final order which imposes one or more of the following:(I) Remedial measures;(II) Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice;(III) A probationary period with provisions for monitoring the Respondent's practice;(IV) Restrictions on the Respondent's ability to sponsor any appraiser trainees;(V) Restrictions on the scope of practice the Respondent is allowed to engage in for a specified time period or until specified conditions are satisfied; or(VI) Up to $250 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, up to the maximum $5,000 statutory limit per complaint matter.(E) 2nd Time Discipline Level 2--violations of the Act, Board rules, or USPAP which evidence serious deficiencies will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice;(v) A probationary period with provisions for monitoring the Respondent's practice;(vi) Restrictions on the Respondent's ability to sponsor any appraiser trainees;(vii) Restrictions on the scope of practice the Respondent is allowed to engage in for a specified time period or until specified conditions are satisfied; or(viii) Up to $1,500 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, up to the maximum $5,000 statutory limit per complaint matter.(F) 2nd Time Discipline Level 3--violations of the Act, Board rules, or USPAP which evidence serious deficiencies and were done with knowledge, deliberately, willfully, or with gross negligence will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice;(v) A probationary period with provisions for monitoring the Respondent's practice;(vi) Restrictions on the Respondent's ability to sponsor any appraiser trainees;(vii) Restrictions on the scope of practice the Respondent is allowed to engage in for a specified time period or until specified conditions are satisfied; or(viii) Up to $1,500 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, up to the maximum $5,000 statutory limit per complaint matter.(G) 3rd Time Discipline Level 1--violations of the Act, Board rules, or USPAP which evidence minor deficiencies will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice;(v) A probationary period with provisions for monitoring the Respondent's practice;(vi) Restrictions on the Respondent's ability to sponsor any appraiser trainees;(vii) Restrictions on the scope of practice the Respondent is allowed to engage in for a specified time period or until specified conditions are satisfied; or(viii) $1,000 to $1,500 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, up to the maximum $5,000 statutory limit per complaint matter.(H) 3rd Time Discipline Level 2--violations of the Act, Board rules, or USPAP which evidence serious deficiencies will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required promulgation, adoption and implementation of written, preventative policies or procedures addressing specific areas of professional practice;(v) A probationary period with provisions for monitoring the Respondent's practice;(vi) Restrictions on the Respondent's ability to sponsor any appraiser trainees;(vii) Restrictions on the scope of practice the Respondent is allowed to engage in for a specified time period or until specified conditions are satisfied; or(viii) $1,500 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, up to the maximum $5,000 statutory limit per complaint matter.(I) 3rd Time Discipline Level 3--violations of the Act, Board Rules, or USPAP which evidence serious deficiencies and were done with knowledge, deliberately, willfully, or with gross negligence will result in a final order which imposes one or more of the following:(i) A revocation; or(ii) $1,500 in administrative penalties per act or omission which constitutes a violation(s) of the Act, Board rules, or USPAP, up to the maximum $5,000 statutory limit per complaint matter.(J) 4th Time Discipline--violations of the Act, Board rules, or USPAP will result in a final order which imposes one or more of the following:(i) A revocation; and(ii) $1,500 in administrative penalties per act or omission which constitutes a violation(s) of USPAP, Board rules, or the Act, up to the maximum $5,000 statutory limit per complaint matter.(K) Unlicensed appraisal activity will result in a final order which imposes a $1,500 in administrative penalties per unlicensed appraisal activity, up to the maximum $5,000 statutory limit per complaint matter.(4) In addition, staff may recommend any or all of the following:(A) reducing or increasing the recommended sanction or administrative penalty for a complaint based on documented factors that support the deviation, including but not limited to those factors articulated under paragraph (2) of this subsection;(B) probating all or a portion of any sanction or administrative penalty for a period not to exceed five years;(C) requiring additional reporting requirements; and(D) such other recommendations, with documented support, as will achieve the purposes of the Act, Board rules, or USPAP.", "sourceNote": "Source Note: The provisions of this §153.241 adopted to be effective February 26, 2023, 48 TexReg 892; amended to be effective December 3, 2023, 48 TexReg 6903; amended to be effective September 12, 2024, 49 TexReg 7039." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165020", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "155", "label": "RULES RELATING TO STANDARDS OF PRACTICE" }, "rule": { "number": "§155.1", "label": "Standards of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173355", "queryAsDate": "03/11/2026" }, "ruleBody": "An appraisal or appraisal practice performed by a person subject to the Texas Appraiser Licensing and Certification Act must conform with the \"Uniform Standards of Professional Appraisal Practice\" (USPAP) of the Appraisal Foundation in effect at the time of the appraisal or appraisal practice.", "sourceNote": "Source Note: The provisions of this §155.1 adopted to be effective March 2, 1992, 17 TexReg 1232; amended to be effective March 1, 1997, 22 TexReg 1718; amended to be effective August 15, 1999, 24 TexReg 6293; amended to be effective April 1, 2001, 26 TexReg 2169; amended to be effective November 7, 2007, 32 TexReg 7931; amended to be effective December 22, 2013, 38 TexReg 9050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173355", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "155", "label": "RULES RELATING TO STANDARDS OF PRACTICE" }, "rule": { "number": "§155.2", "label": "Work Relating to Property Tax Protests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205127", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The preparation of a report or other work performed for an appraisal district or as part of any property tax consulting services on behalf of another person, that is used to develop, support, or protest an unequal appraisal under Chapter 41, Subchapter C or Chapter 42, Subchapter B of the Tax Code, is considered an appraisal or appraisal practice for the purposes of §155.1 of this chapter (relating to Standards of Practice) and must conform with Uniform Standards of Professional Appraisal Practice (USPAP), if the person preparing the report or other work presents it as the product of a person licensed, certified, registered, or approved under the Texas Appraiser Licensing and Certification Act.(b) A person licensed, certified, registered, or approved under the Texas Appraiser Licensing and Certification Act who is also certified as a property tax professional under Chapter 1151 of the Occupations Code or as a property tax consultant under Chapter 1152 of the Occupations Code, must include the USPAP disclaimer set out in subsection (c) of this section whenever that person prepares a report or other work used to develop, support, or protest an unequal appraisal under Chapter 41, Subchapter C or Chapter 42, Subchapter B of the Tax Code, solely under the authority of a property tax professional or consultant certification.(c) The USPAP disclaimer required under this section must:(1) be located directly above the preparer's signature;(2) be in at least 10-point boldface type; and(3) read as follows: USPAP DISCLAIMER: I AM LICENSED OR CERTIFIED AS A REAL PROPERTY APPRAISER AND A PROPERTY TAX PROFESSIONAL OR CONSULTANT. THIS REPORT WAS PREPARED IN MY CAPACITY AS A PROPERTY TAX PROFESSIONAL OR CONSULTANT AND MAY NOT COMPLY WITH THE REQUIREMENTS FOR DEVELOPMENT OF A REAL PROPERTY APPRAISAL CONTAINED IN THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE (USPAP) OF THE APPRAISAL STANDARDS BOARD OF THE APPRAISAL FOUNDATION.", "sourceNote": "Source Note: The provisions of this §155.2 adopted to be effective March 14, 2013, 38 TexReg 1681; amended to be effective December 22, 2013, 38 TexReg 9050; amended to be effective September 7, 2015, 40 TexReg 5789." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205127", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "155", "label": "RULES RELATING TO STANDARDS OF PRACTICE" }, "rule": { "number": "§155.3", "label": "Certain Uses of Logo or Name Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153345&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "153345", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder, certificate holder, registrant or provider may not use all or part of the logo or name of the Board or another governmental agency in a manner that implies that the person:(1) is a governmental agency;(2) is endorsed by the Board or other agency other than as a license holder, certificate holder, registrant, or provider; or(3) holds a special status that the Board or other agency has not granted.", "sourceNote": "Source Note: The provisions of this §155.3 adopted to be effective June 6, 2021, 46 TexReg 3392." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153345&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "153345", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§157.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146301", "queryAsDate": "03/11/2026" }, "ruleBody": "For the purposes of action against appraisers, appraiser trainees, applicants for certification, licensure, or trainee approval, and unlicensed persons performing appraisals, the definitions in §153.1 of this title shall apply to this chapter. For the purposes of action against appraisal management companies, applicants for registration, and unregistered persons engaging in appraisal management services, the definitions in §159.1 of this title shall apply to this chapter.", "sourceNote": "Source Note: The provisions of this §157.1 adopted to be effective June 14, 2010, 35 TexReg 5035; amended to be effective November 3, 2011, 36 TexReg 7319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146301", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§157.2", "label": "Object of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167484", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of these rules is to provide for a simple and efficient system of procedure before the board, to ensure uniform standards of practice and procedure, public participation and notice of board actions, and a fair and expeditious determination of causes. These rules shall be liberally construed, with a view towards the purpose for which they were adopted.", "sourceNote": "Source Note: The provisions of this §157.2 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 14, 2010, 35 TexReg 5035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167484", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§157.3", "label": "Scope of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209008", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter shall govern the procedure for the institution, conduct and determination of all causes and proceedings before the Board. This chapter shall not be construed so as to enlarge, diminish, modify or alter the jurisdiction, powers or authority of the Board or the substantive rights of any person.", "sourceNote": "Source Note: The provisions of this §157.3 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 8, 2014, 39 TexReg 4253." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209008", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§157.4", "label": "Computation of Time; Mailbox Rule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Computation of Time. The following rules apply when computing any time period specified in Chapters 153, 157, or 159, or in any statute that does not specify a method of computing time:(1) Exclude the day of the event that triggers the time period;(2) Count every day, including intermediate Saturdays, Sundays, and legal holidays; and(3) Include the last day of the period, except if the last day of the period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.(4) If the Board is closed on the last day of the period as computed under subsection (a)(3) of this section, then the time period is extended to the first day the Board is open that is not a Saturday, Sunday, or legal holiday.(b) Mailbox rule.(1) Service by mail is complete upon deposit of the notice in a prepaid, properly addressed envelope in a post office or official depository under the care and custody of the United States Postal Service.(2) Service by electronic mail is complete upon sending an email to the respondent's or applicant's email address as shown in the Board's records.(3) Presumption of receipt. Unless proven by evidence submitted to the contrary, a rebuttable presumption that respondent or applicant received proper notice from the Board will arise:(A) immediately after sending electronic mail to the respondent's or applicant's email address as shown in the Board's records; or(B) three business days after the date the notice is deposited with the United States Postal Service.(4) Failure to claim or refusal of properly addressed certified or registered mail does not support a finding of nonreceipt.(c) Definitions. For purposes of this section, the following definitions apply:(1) Last day - Unless a different time is set in statute or Board order, the last day ends:(A) For electronic filing, at midnight in the Board's time zone;(B) For filing by other means, when the Board's office is scheduled to close.(2) Next day - The next day is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.(3) Legal holiday - the term \"legal holiday\" includes:(A) a national holiday as defined in Government Code §662.003(a);(B) a state holiday as defined in Government Code §662.003(b); and(C) any day declared a holiday by the President or the Governor.", "sourceNote": "Source Note: The provisions of this §157.4 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 14, 2010, 35 TexReg 5035; amended to be effective June 8, 2014, 39 TexReg 4253; amended to be effective May 14, 2018, 43 TexReg 3096; amended to be effective March 3, 2019, 44 TexReg 832; amended to be effective May 26, 2022, 47 TexReg 3047." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167486", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§157.5", "label": "Conduct and Decorum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215671", "queryAsDate": "03/11/2026" }, "ruleBody": "Every party, witness, attorney or other representative shall comport himself or herself in all proceedings with proper dignity, courtesy and respect for the Board and all other parties. Disorderly conduct will not be tolerated. Attorneys and other representatives of parties shall observe and practice the standards of ethical behavior prescribed for attorneys-at-law by the State Bar of Texas.", "sourceNote": "Source Note: The provisions of this §157.5 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 8, 2014, 39 TexReg 4253." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215671", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§157.6", "label": "Request for Advisory Opinions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209009", "queryAsDate": "03/11/2026" }, "ruleBody": "Upon written request and in accordance with the Texas Open Meetings Act, the Board may issue advisory opinions. Such opinions are not binding on the Board or on the person making the request, and may not be relied upon as an official Board ruling. The Board shall maintain a record of each advisory opinion, identifying the person to whom it was issued. The Board shall review issued opinions on a periodic basis to determine whether they should be withdrawn or superseded.", "sourceNote": "Source Note: The provisions of this §157.6 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 14, 2010, 35 TexReg 5035; amended to be effective June 8, 2014, 39 TexReg 4253; amended to be effective December 3, 2023, 48 TexReg 6904." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209009", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§157.7", "label": "Denial of a License, Renewal or Reinstatement; Adverse Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209010", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Denial of a License, Renewal, or Reinstatement.(1) If the Board denies the issuance, renewal or reinstatement of a license, the Board shall promptly give written notice of denial to the applicant. If the applicant is supervised by another license holder, the Board shall send a copy of the notice of denial to the supervisory appraiser.(2) The notice of denial shall include:(A) a statement of the Board's action;(B) a summary of the facts and laws on which the action is based;(C) a statement of the right of the person to request a hearing; and(D) the following language in capital letters in boldface type: IF YOU FAIL TO REQUEST A HEARING IN WRITING WITHIN 30 DAYS, THIS DETERMINATION WILL BECOME FINAL.(3) If a person fails to request a hearing in writing within 30 days of receiving the notice, the Board's determination will become final.(b) Adverse Action.(1) If the Board proposes to take adverse action against a license holder, former license holder, registrant, or a person for unlicensed activity, the Board shall promptly give written notice to the person against whom the action is proposed to be taken. If an appraiser trainee is the respondent, the Board shall send a copy of the notice to the supervisory appraiser.(2) The notice of adverse action shall include:(A) a summary of the facts and laws on which the proposed action is based;(B) a statement of the action proposed by the Board, including the proposed sanction and/or the amount of any administrative penalties; and(C) a statement of the right of the person to a hearing.(c) A license holder who has agreed in writing to suspension or revocation for failure to comply with the terms of a consent order, consent agreement, or agreed order in connection with an application or a previous disciplinary matter is deemed to have had notice and an opportunity for a hearing in a subsequent action resulting from failure to comply with an administrative requirement of probation, such as payment of a fee or completion of coursework.(d) Notices sent under this section are complete and effective if sent in the manner described in §157.9 of this title (relating to Notice of Hearing).(e) The mailbox rule described in §157.9 of this title applies to notices sent under this section if the notice was sent to the respondent's or applicant's mailing address or email address as shown in the Board's records in the manner described in §157.9 of this title.", "sourceNote": "Source Note: The provisions of this §157.7 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective May 30, 2006, 31 TexReg 4428; amended to be effective January 8, 2008, 33 TexReg 177; amended to be effective June 14, 2010, 35 TexReg 5035; amended to be effective November 3, 2011, 36 TexReg 7319; amended to be effective June 8, 2014, 39 TexReg 4253; amended to be effective January 1, 2016, 40 TexReg 8896; amended to be effective December 10, 2017, 42 TexReg 6923; amended to be effective May 26, 2022, 47 TexReg 3047." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209010", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§157.8", "label": "Order Modifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222556", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board will consider a modification of an existing agreed or consent order at its next scheduled Board meeting if the license holder or registrant:(1) is in compliance with the existing order at the time the request for modification is submitted; and(2) submits a written request that sets out the specific modification requested and the reason for the modification to the Board's general counsel on or before the 14th day prior to the next scheduled Board meeting. Submission of a request for modification of an agreed or consent order to the Board does not relieve the license holder or registrant of compliance obligations under the existing order.", "sourceNote": "Source Note: The provisions of this §157.8 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 14, 2010, 35 TexReg 5035; amended to be effective December 4, 2012, 37 TexReg 9506; amended to be effective June 8, 2014, 39 TexReg 4253; amended to be effective January 1, 2016, 40 TexReg 8896; amended to be effective May 14, 2018, 43 TexReg 3096; amended to be effective May 26, 2022, 47 TexReg 3047." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222556", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "CONTESTED CASE HEARINGS" }, "rule": { "number": "§157.9", "label": "Notice of Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The notice of hearing must comply with Chapter 2001, Texas Government Code and the rules of SOAH.(b) The notice of hearing shall be served not later than the 30th day before the hearing date.(c) The Board shall serve notice by certified mail, return receipt requested, to the respondent or applicant's mailing address and by:(1) electronic mail to the address shown in the Board's records; or(2) first class mail.(d) The notice must include the following language in capital letters in boldface type: FAILURE TO APPEAR AT THE HEARING WILL RESULT IN THE ALLEGATIONS AGAINST YOU SET OUT IN THE COMPLAINT BEING ADMITTED AS TRUE AND A DEFAULT JUDGMENT BEING TAKEN AGAINST YOU.", "sourceNote": "Source Note: The provisions of this §157.9 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 17, 2001, 26 TexReg 10278; amended to be effective June 16, 2011, 36 TexReg 3595; amended to be effective June 8, 2014, 39 TexReg 4254; amended to be effective January 1, 2016, 40 TexReg 8896; amended to be effective December 10, 2017, 42 TexReg 6924; amended to be effective May 14, 2018, 43 TexReg 3096; amended to be effective May 26, 2022, 47 TexReg 3048; amended to be effective December 9, 2024, 49 TexReg 9977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222557", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "CONTESTED CASE HEARINGS" }, "rule": { "number": "§157.10", "label": "Right to Counsel; Right to Participate; Transcript Cost; Interpreters and Translators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222558", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All parties, at their own expense, may be represented by counsel. This right may be expressly waived. Parties are entitled to respond and present evidence and argument on all issues involved, and to conduct cross examinations for full and true disclosure of the facts.(b) Costs of a transcript of a SOAH proceeding ordered by a party shall be paid by that party. Costs of a transcript of a SOAH proceeding ordered by the judge shall be split equally between the parties.(c) A party or witness who needs and interpreter or translator is responsible for making the request under SOAH rules.", "sourceNote": "Source Note: The provisions of this §157.10 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective March 14, 2013, 38 TexReg 1681; amended to be effective May 26, 2022, 47 TexReg 3048; amended to be effective December 9, 2024, 49 TexReg 9977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222558", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "CONTESTED CASE HEARINGS" }, "rule": { "number": "§157.11", "label": "Contested Cases; Entry of Appearance; Continuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186890", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When a contested case has been instituted, the respondent or the representative of the respondent shall enter an appearance not later than 20 days after the date of receipt of notice of hearing.(b) For purposes of this section, a contested case shall mean any action that is referred by the Board to SOAH.(c) For purposes of this section, an entry of appearance shall mean the filing of a written answer or other responsive pleading with SOAH.(d) The filing of an untimely appearance by a party, or entering an appearance at the contested case hearing entitles the Board to a continuance of the hearing in the contested case at the Board's discretion for such a reasonable period of time as determined by the administrative law judge, but not for a period of less than 20 days. For purposes of this section, an untimely appearance is an appearance not entered within 20 days of the date the respondent has received notice.", "sourceNote": "Source Note: The provisions of this §157.11 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 29, 2005, 30 TexReg 8692; amended to be effective January 8, 2008, 33 TexReg 178; amended to be effective February 2, 2012, 37 TexReg 483; amended to be effective June 8, 2014, 39 TexReg 4254; amended to be effective December 9, 2024, 49 TexReg 9977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186890", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "CONTESTED CASE HEARINGS" }, "rule": { "number": "§157.12", "label": "Failure to Attend Hearing; Default" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167493", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) SOAH rules regarding Default Proceedings and Dismissal Proceedings apply when a respondent or applicant fails to appear on the day and time set for hearing in a contested case. If a respondent or applicant fails to appear at a contested case hearing, the Board's staff may move either for dismissal of the case from SOAH's docket or for the issuance of a default proposal for decision by the administrative law judge.(b) If the administrative law judge issues a default proposal for decision or an order dismissing the case from the SOAH docket, the factual allegations included in the notice sent to respondent or applicant are deemed admitted as true and, upon return of the case from SOAH, the Board shall enter a default order against the respondent or applicant.(c) No additional proof is required to be submitted to the Board before the Board enters the final default order.(d) The administrative law judge may award reasonable costs to the Board as authorized in §1103.523 and §1104.2132, Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §157.12 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective October 12, 2006, 31 TexReg 8368; amended to be effective December 4, 2012, 37 TexReg 9506; amended to be effective June 8, 2014, 39 TexReg 4254; amended to be effective January 1, 2016, 40 TexReg 8896; amended to be effective December 10, 2017, 42 TexReg 6924." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167493", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "CONTESTED CASE HEARINGS" }, "rule": { "number": "§157.13", "label": "Ex Parte Consultations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167494", "queryAsDate": "03/11/2026" }, "ruleBody": "A member of the Board may not communicate, directly or indirectly, in connection with any issue of fact or law with any person, party, or their representative except on notice and opportunity for all parties to participate. A member of the Board may communicate ex parte with employees of the Board who have not participated in any hearing in the case for the purpose of utilizing the special skills or knowledge of the Board and its staff in evaluating the evidence.", "sourceNote": "Source Note: The provisions of this §157.13 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 8, 2014, 39 TexReg 4254." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167494", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "CONTESTED CASE HEARINGS" }, "rule": { "number": "§157.14", "label": "Informal Disposition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190936", "queryAsDate": "03/11/2026" }, "ruleBody": "Informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. No stipulation or agreed settlement between the parties or their attorneys or representatives, with regard to any matter involved in any proceeding before the Board, shall be enforced unless it shall have been reduced to writing and signed by the parties or their authorized representatives and made a part of the record, or unless it shall have been dictated into the record by them during the course of a hearing or incorporated in an order bearing their written approval.", "sourceNote": "Source Note: The provisions of this §157.14 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective June 8, 2014, 39 TexReg 4254." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190936", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "POST HEARING" }, "rule": { "number": "§157.15", "label": "Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190937", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The administrative law judge shall serve on the parties a proposal for decision which shall contain:(1) a statement of the administrative law judge's proposed reasons for the decision;(2) findings of fact and conclusions of law, separately stated, that are necessary to the proposed decision; and(3) a recommendation, separately stated from the findings of fact and conclusions of law, for:(A) disciplinary action;(B) an administrative penalty; or(C) both.(b) Service. When a decision is prepared, a copy of the decision shall be served by the administrative law judge on each party, the respondent's attorney of record or representative, and the Board. Service of the decision shall be in accordance with §157.9 of this chapter.", "sourceNote": "Source Note: The provisions of this §157.15 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 29, 2005, 30 TexReg 8692; amended to be effective January 9, 2008, 33 TexReg 178; amended to be effective June 8, 2014, 39 TexReg 4254; amended to be effective December 10, 2017, 42 TexReg 6924; amended to be effective May 14, 2018, 43 TexReg 3096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190937", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "POST HEARING" }, "rule": { "number": "§157.16", "label": "Exceptions and Replies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222559", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Entitlement. Any party of record who is aggrieved by the administrative law judge's decision shall have the opportunity to file exceptions to the decision within 20 days from the date of service of the decision. Replies to the exceptions may be filed by the other party within 20 days of the filing of the exceptions.(b) Exceptions and replies shall be filed with the administrative law judge.", "sourceNote": "Source Note: The provisions of this §157.16 adopted to be effective January 9, 2008, 33 TexReg 178; amended to be effective May 14, 2018, 43 TexReg 3096." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222559", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "POST HEARING" }, "rule": { "number": "§157.17", "label": "Final Decisions and Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222560", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After a proposal for decision has been issued by an administrative law judge, the Board will render the final decision in the contested case or remand the proceeding for further consideration by the administrative law judge.(b) The Board is responsible for imposing disciplinary action and/or assessing administrative penalties, if any, against a respondent who is found to have violated any of the Board's statutes or rules. The Board welcomes recommendations from an administrative law judge as to the sanctions to be imposed, but the Board is not required to give presumptively binding effect to the judge's recommendations and is not bound by such recommendations.(c) If the Board remands the case to the administrative law judge, the Board may direct that further consideration be accomplished with or without reopening the hearing and may limit the issues to be considered. If, on remand, additional evidence is admitted that results in a substantial revision of the proposal for decision, or the underlying facts, the administrative law judge shall prepare an amended or supplemental proposal for decision and this subchapter applies. Exceptions and replies shall be limited to items contained in the amended or supplemental proposal for decision.(d) The proposal for decision may be acted upon by the Board after the expiration of the applicable time periods for filing exceptions and replies to exceptions, and after the administrative law judge has ruled on any exceptions and replies.(e) Any party may request oral arguments before the Board prior to the final disposition of the contested case. If the Board grants oral argument, oral argument will be conducted in accordance with this subsection.(1) The chairperson or the Board member designated by the chairperson to preside (the presiding member) shall announce the case. Upon the request of any party, the presiding member may conduct a prehearing conference with the parties and their attorneys of record. The presiding member may announce reasonable time limits for any oral arguments to be presented by the parties.(2) Oral arguments on the proposal for decision shall be limited to the record established at the contested case hearing. New evidence may not be presented on the substance of the case unless the party submitting the evidence establishes that the new evidence was not reasonably available at the time of the contested case hearing or the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the contested case hearing.(3) In presenting oral arguments, the party bearing the burden of proof shall open and close. The party responding may offer rebuttal arguments. Parties may request an opportunity for additional rebuttal subject to the discretion of the presiding member.(4) After being recognized by the presiding member, the members of the Board may ask questions of the parties. If a party is represented by counsel, the questions must be directed to the party's attorney. Questions must be limited to the record and to the arguments made by the parties.(5) Upon the conclusion of oral arguments, questions by the members of the Board, and any discussion by the member of the Board, the presiding member shall call for a motion regarding disposition of the contested case. The presiding member may vote on the motion. A motion may be granted only if a majority of the members present and voting vote in favor of the motion. In the event of a tie vote, the presiding member shall announce that the motion is overruled.(f) Final orders on contested cases shall be in writing and signed by the presiding officer of the Board. Final orders shall include findings of fact and conclusions of law separately stated from disciplinary actions imposed and administrative penalties assessed. Parties shall be notified as provided in Chapter 2001, Texas Government Code. On written request, a copy of the decision or order shall be delivered or mailed to any party and to the respondent's attorney of record.(g) The Board may change a finding of fact or conclusion of law in a proposal for decision when the Board determines that:(1) the judge did not properly apply or interpret applicable law, agency rules, written policies provided by staff or prior administrative decisions;(2) a prior administrative decision on which the judge relied is incorrect or should be changed; or(3) a technical error in a finding of fact should be changed.(h) If the Board modifies, amends, or changes a finding of fact or conclusion of law in a proposal for decision, the order shall reflect the Board's changes and state the specific reason and legal basis for the changes.(i) If the Board does not follow the recommended disciplinary action and/or administrative penalty in a proposal for decision, the order shall explain why the Board chose not to follow the recommendation.(j) Imminent Peril. If the Board finds that an imminent peril to the public health, safety, or welfare requires immediate effect on a final decision or order in a contested case, it shall recite the factual and legal basis for its finding in the decision or order as well as the fact that the decision or order is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered, and no motion for rehearing is required as a prerequisite for appeal.(k) Conflict of Interest. A Board member shall recuse himself or herself from all deliberations and votes regarding any matter:(1) the Board member reviewed as a member of a Peer Investigative Committee;(2) involving persons or transactions about which the Board member has a conflict of interest;(3) involving persons or transactions related to the Board member such that it creates the appearance of a conflict of interest; or(4) in which the Board member participated in the negotiation of a consent order.", "sourceNote": "Source Note: The provisions of this §157.17 adopted to be effective January 9, 2008, 33 TexReg 178; amended to be effective July 21, 2008, 33 TexReg 5694; amended to be effective November 9, 2008, 33 TexReg 8944; amended to be effective December 4, 2012, 37 TexReg 9507; amended to be effective June 8, 2014, 39 TexReg 4254; amended to be effective January 1, 2016, 40 TexReg 8897; amended to be effective December 10, 2017, 42 TexReg 6925; amended to be effective May 14, 2018, 43 TexReg 3096; amended to be effective May 26, 2022, 47 TexReg 3048; amended to be effective December 10, 2024, 49 TexReg 9977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222560", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "POST HEARING" }, "rule": { "number": "§157.18", "label": "Motions for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175149", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Motions for rehearing in proceedings under Chapter 1103, Texas Occupations Code, are governed by §1103.519, Texas Occupations Code, §§2001.144 - 2001.147, Texas Government Code, and this section.(b) Motions for rehearing in proceedings under Chapter 1104, Texas Occupations Code, are governed by §1104.216, Texas Occupations Code, §§2001.144 - 2001.147, Texas Government Code, and this section.(c) A timely-filed motion for rehearing is a prerequisite to appeal, except as provided in §157.17 of this subchapter. The motion must be filed with the Board by:(1) delivering the motion in-person to the Board's headquarters;(2) sending the motion via email to general.counsel@talcb.texas.gov; or(3) sending the motion via fax to (512) 936-3788, ATTN: TALCB General Counsel.(d) Replies to a motion for rehearing may be filed as provided in Chapter 2001, Texas Government Code.(e) A motion for rehearing shall set forth the particular finding of fact, conclusion of law, ruling, or other action which the complaining party asserts caused substantial injustice to the party and was in error such as violation of a constitutional or statutory provision, lack of authority, unlawful procedure, lack of substantial evidence, abuse of discretion, other error of law, or other good cause specifically described in the motion. In the absence of specific grounds in the motion, the Board will take no action, and the motion will be overruled by operation of law.(f) Any party may request oral arguments before the Board prior to the final disposition of the motion for rehearing. If the Board grants a request for oral argument, oral arguments will be conducted in accordance with this subsection.(1) The chairperson or the Board member designated by the chairperson to preside (the presiding member) shall announce the case. Upon the request of any party, the presiding member may conduct a prehearing conference with the parties and their attorneys of record. The presiding member may announce reasonable time limits for any oral arguments to be presented by the parties.(2) Oral arguments on the motion shall be limited to a consideration of the grounds set forth in the motion. Testimony by affidavit or documentary evidence such as excerpts of the record before the presiding officer may be offered in support of, or in opposition to, the motion; provided, however, a party offering affidavit testimony or documentary evidence must provide the other party with copies of the affidavits or documents at the time the motion is filed. New evidence may not be presented on the substance of the case unless the party submitting the evidence can establish that the new evidence was not reasonably available at the time of the contested case hearing or the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the contested case hearing.(3) In presenting oral arguments, the party filing the motion will have the burden of proof and shall open and close. The party responding to the motion may offer rebuttal arguments. Parties may request an opportunity for additional rebuttal subject to the discretion of the presiding member.(4) After being recognized by the presiding member, the members of the Board may ask questions of the parties. If a party is represented by counsel, the questions must be directed to the party's attorney. Questions must be limited to the grounds asserted for the motion to be granted and to the arguments made by the parties.(5) Upon the conclusion of oral arguments, questions by the members of the Board, and any discussion by the member of the Board, the presiding member shall call for a vote on the motion. A member of the Board need not make a separate motion or second a motion filed by a party. The presiding member may vote on the motion. A motion may be granted only if a majority of the members present and voting vote in favor of the motion. In the event of a tie vote, the presiding member shall announce that the motion is overruled.(g) A decision is final and appealable on the date rendered if:(1) the Board finds that an imminent peril to the public health, safety or welfare requires immediate effect; and(2) the Board's decision or order recites this finding and the fact that the decision is final and effective on the date rendered.", "sourceNote": "Source Note: The provisions of this §157.18 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 29, 2005, 30 TexReg 8692; amended to be effective October 12, 2006, 31 TexReg 8368; amended to be effective January 9, 2008, 33 TexReg 178; amended to be effective December 4, 2012, 37 TexReg 9507; amended to be effective June 8, 2014, 39 TexReg 4254; amended to be effective January 1, 2016, 40 TexReg 8897; amended to be effective May 14, 2018, 43 TexReg 3096; amended to be effective May 26, 2022, 47 TexReg 3048; amended to be effective December 10, 2024, 49 TexReg 9977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175149", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "POST HEARING" }, "rule": { "number": "§157.20", "label": "Judicial Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222561", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who has exhausted all administrative remedies and who is aggrieved by a final decision in a contested case is entitled to judicial review.(b) The petition for judicial review must be filed in a district court of Travis County, Texas, as provided in Chapter 2001, Texas Government Code.(c) Pursuant to Texas Government Code, §2001.177, a party seeking judicial review of a final decision of the Texas Appraiser Licensing and Certification Board in a contested case shall pay all costs of preparing the original or certified copy of a record of the contested case proceedings.", "sourceNote": "Source Note: The provisions of this §157.20 adopted to be effective April 1, 2001, 26 TexReg 2169; amended to be effective December 29, 2005, 30 TexReg 8692; amended to be effective June 8, 2014, 39 TexReg 4254; amended to be effective January 1, 2016, 40 TexReg 8897." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222561", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "PENALTIES AND OTHER ENFORCEMENT PROVISIONS" }, "rule": { "number": "§157.25", "label": "Temporary Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175151", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of a temporary suspension proceeding is to determine whether the continued practice by a person licensed, certified or registered by the Board would constitute a continuing threat to the public welfare. A temporary suspension proceeding is ancillary to a disciplinary proceeding regarding alleged violations of the Act or Board rules and is not dispositive concerning any such violations.(b) Board staff may request the Board to grant a temporary suspension if:(1) the Board has opened a complaint investigation against a license holder; and(2) the following criteria are met:(A) credible evidence shows:(i) a license holder may continue to engage in conduct that may violate the Act, Board rules, or USPAP;(ii) the license holder's conduct involves recent or current appraisal practice; and(B) sufficient evidence is available to proceed with a contested case hearing within 45 days of a temporary suspension proceeding.(c) The three Board members of the Enforcement Committee appointed by the chair of the Board shall serve as the disciplinary panel (\"Panel\") under Texas Occupations Code, §1103.5511 and §1104.211. The chair of the Board shall also appoint a Board member to act as an alternate member of the Panel in the event a member of the Panel is recused or unable to attend a temporary suspension proceeding.(d) Board staff must request a temporary suspension proceeding in writing by filing a motion for temporary suspension with the Board's general counsel.(e) The Panel may make a determination regarding a temporary suspension without notice or hearing pursuant to Texas Occupations Code, §1103.5511(c)(1) or §1104.211(c)(1), or may, if appropriate in the judgment of the chair of the Panel, provide the license holder or registrant with three days' notice of a temporary suspension hearing.(f) The requirement under Texas Occupations Code, §1103.5511(c)(1) or §1104.211(c)(1) that \"institution of proceedings for a contested case hearing is initiated simultaneously with the temporary suspension\" shall be satisfied if, on the same day the motion for temporary suspension is filed with the Board's general counsel, the licensed, certified or registered person that is the subject of the temporary suspension motion, and SOAH, as applicable, is sent one of the following documents that alleges facts that precipitated the need for a temporary suspension:(1) Notice of Alleged Violation;(2) Original Statement of Charges; or(3) Amended Statement of Charges.(g) The Panel shall post notice of the temporary suspension proceeding pursuant to §551.045 of the Texas Government Code and Texas Occupations Code, §1103.5511(e) or §1104.211(e) and hold the temporary suspension proceeding as soon as possible.(h) The determination whether the continued practice by a person licensed, certified or registered by the Board would constitute a continuing threat to the public welfare shall be made from information presented to the Panel. The Panel may receive information and testimony in oral or written form. Documentary evidence must be submitted to the Board's general counsel in electronic format at least 24 hours in advance of the time posted for the temporary suspension hearing in all cases where the Panel will be meeting via teleconference. If a hearing is held following notice to a license holder or registrant, Board staff will have the burden of proof and shall open and close. The party responding to the motion for temporary suspension may offer rebuttal arguments. Parties may request an opportunity for additional rebuttal subject to the discretion of the chair of the Panel. The chair of the Panel may set reasonable time limits for any oral arguments and evidence to be presented by the parties. The Panel may question witnesses and attorneys at the members' discretion. Information and testimony that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered.(i) The determination of the Panel may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on information of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs.(j) If the Panel suspends a license or certificate, it shall do so by order and the suspension shall remain in effect for the period of time stated in the order, not to exceed the date a final order is issued by the Board in the underlying contested case proceeding. The Panel order must recite the factual and legal basis for imminent peril warranting temporary suspension.(k) A temporary suspension under Texas Occupations Code §1103.5511 or §1104.211 shall not automatically expire after 45 days if the Board has scheduled a hearing on the contested case to take place within that time and the hearing is continued beyond the 45th day for any reason other than at the request of the Board.(l) If credible and verifiable information that was not presented to the Panel at a temporary suspension hearing, which contradicts information that influenced the decision of the Panel to order a temporary suspension, is subsequently presented to the Panel with a motion for rehearing on the suspension, the chair of the Panel will schedule a rehearing on the matter. The chair of the Panel will determine, in the chair's sole discretion, whether the new information meets the standard set out in this subsection. A rehearing on a temporary suspension will be limited to presentation and rebuttal of the new information. The chair of the Panel may set reasonable time limits for any oral arguments and evidence to be presented by the parties. Panel members may question witnesses and attorneys. Information and testimony that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered. Any temporary suspension previously ordered will remain in effect, unless the Panel holds a rehearing on the matter and issues a new order rescinding the temporary suspension.", "sourceNote": "Source Note: The provisions of this §157.25 adopted to be effective December 4, 2012, 37 TexReg 9507; amended to be effective June 8, 2014, 39 TexReg 4255; amended to be effective January 1, 2016, 40 TexReg 8897; amended to be effective May 14, 2018, 43 TexReg 3097; amended to be effective June 9, 2019, 44 TexReg 2712; amended to be effective December 10, 2024, 49 TexReg 9978." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175151", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "PENALTIES AND OTHER ENFORCEMENT PROVISIONS" }, "rule": { "number": "§157.26", "label": "Unlicensed Activity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209015", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Board receives information indicating that a person has violated Chapter 1103 or 1104, Texas Occupations Code, or Board rules, the Board shall conduct an investigation to determine if such information is accurate. If the investigation produces evidence to indicate a probable violation of Chapter 1103 or Chapter 1104, Texas Occupations Code, or Board rules, the Board may, after notice and an opportunity for a hearing:(1) impose an administrative penalty;(2) issue an order to cease and desist; or(3) take such other action as may be necessary and proper.", "sourceNote": "Source Note: The provisions of this §157.26 adopted to be effective January 1, 2016, 40 TexReg 8897." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209015", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§157.30", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222562", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the Board's policy to encourage the fair and expeditious resolution of all formal complaint matters through voluntary settlement procedures. The Board's Alternative Dispute Resolution (ADR) procedures are set out in this subchapter, however, the Board encourages the resolution of disputes at any time, whether under this subchapter or not.(b) ADR may be requested by the Board, a respondent or an applicant any time after the Board initiates a formal complaint against a respondent or denies an application.(c) This subchapter may apply to a contested case upon unanimous motion of the parties and at the discretion of the administrative law judge. In such cases, it is within the discretion of the judge to grant a continuance of the hearing to allow the use of ADR.(d) A contingent dismissal is a method of alternative dispute resolution available only at the discretion of the Board and its staff. An administrative law judge may not recommend a contingent dismissal as a method to resolve a contested case.", "sourceNote": "Source Note: The provisions of this §157.30 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective May 14, 2018, 43 TexReg 3097; amended to be effective May 26, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222562", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§157.31", "label": "Investigative Conference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209017", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may request an applicant or respondent to schedule an investigative conference to discuss a pending license application or the allegations of a pending complaint.(b) The applicant or respondent may choose to have the investigative conference:(1) in person at the Board's office in Austin, Texas;(2) by telephone;(3) by video conference; or(4) in writing.(c) An applicant or respondent may, but is not required to, have an attorney or other advocate present at an investigative conference.(d) An applicant or respondent will be provided with a Statement of Investigative Conference Procedures and Rights (IC Form) not later than three days before the date of the investigative conference. The applicant or respondent and the applicant's or respondent's attorney, if any, must acknowledge receipt of the IC Form by signing it and delivering it to the Board prior to the investigative conference.(e) The Board will provide a copy of the investigative report to the applicant or respondent and the applicant's or respondent's representative(s), if any, not later than three days before the date of the investigative conference if the applicant or respondent and the applicant's or respondent's representative(s):(1) Submit a written request for a copy of the investigative report not later than five days before the date of the investigative conference; and(2) Sign the Board's confidentiality agreement prohibiting the re-release of the investigative report, without written permission of the Board or a court order, to anyone other than the:(A) applicant;(B) respondent;(C) applicant's or respondent's supervisory appraiser, if any;(D) applicant's or respondent's legal representative(s); or(E) an expert witness for the applicant or respondent.(f) Participation in an investigative conference is not mandatory and may be terminated at any time by any person.(g) Recording Investigative Conferences. Any person may record an investigative conference by providing the notice required in this section.(1) Notice Required.(A) A person choosing to record an investigative conference must provide written notice to the other person(s) participating in the investigative conference three days before the date of the conference.(B) The notice must state how the person intends to record the investigative conference.(C) For purposes of this section, the term \"written notice\" includes a letter or e-mail.(2) Audio Recordings. A person who chooses to make an audio recording of an investigative conference must provide:(A) the recording equipment; and(B) if requested by another person during or after the investigative conference, a copy of the audio recording at the recording person's expense within seven days after the date of the request.(3) Recording by Court Reporter. A person who chooses to have a court reporter record an investigative conference does so at the person's own expense and must:(A) allow any person who participates in the investigative conference to make corrections to the court reporter's transcript; and(B) provide an electronic copy of the final transcript to all persons who participate in the investigative conference at the recording person's expense within seven days after the transcript is final.(h) At the conclusion of the investigative conference, the Board staff may propose a settlement offer that can include administrative penalties and any other disciplinary action authorized by the Act or recommend that the complaint be dismissed.(i) The respondent may accept, reject, or make a counter offer to the proposed settlement not later than ten (10) days following the date of the investigative conference.(j) If the parties cannot reach a settlement not later than ten (10) days following the date of the investigative conference, the matter will be referred to the Director of TALCB or his or her designee to pursue appropriate action.(k) In this section, the term \"person\" includes:(1) an applicant for a license or registration;(2) a respondent to a complaint; and(3) the Board.", "sourceNote": "Source Note: The provisions of this §157.31 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective January 1, 2016, 40 TexReg 8898; amended to be effective June 7, 2020, 45 TexReg 3772; amended to be effective May 26, 2022, 47 TexReg 3049; amended to be effective December 10, 2024, 49 TexReg 9978." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209017", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§157.32", "label": "Negotiated Settlement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board staff and the respondent or applicant may enter into a settlement agreement following negotiations at any time without first engaging in an investigative conference.(b) Negotiations may be conducted in person, by telephone, video conference, or through any form of written communication, including email.", "sourceNote": "Source Note: The provisions of this §157.32 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective May 14, 2018, 43 TexReg 3097; amended to be effective May 26, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209018", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§157.33", "label": "Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209019", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a resolution cannot be reached through an investigative conference or negotiated settlement and with the consent of all parties, the Board may schedule an original mediation with SOAH before filing a petition on the formal complaint with SOAH. Mediation will be set for either a four (4) hour or eight (8) hour session, at the discretion of the Board, based on the nature and complexity of the formal complaint. The Board will not refuse any reasonable request for mediation, as determined by the Director of TALCB or his or her designee. Neither a petition nor a reply is required to be filed with SOAH with an original mediation request.(b) After the Board files a Request to Docket form for mediation, SOAH will advise the parties of the mediator and the date, time and place for the mediation.(c) The parties at the mediation must have authority to settle, provided however, all agreements signed by Board staff at the mediation are subject to final approval by the Board.(d) If the mediator is a SOAH judge, that person will not also sit as the administrative law judge for the contested case hearing if mediation is not successful.(e) A respondent or applicant participating in a mediation at SOAH will pay one-half (1/2) of SOAH's fees incurred for the mediation directly to the Board before the date of the mediation. SOAH's fee for mediation will be based on the contract rate that SOAH bills the Board. If mediation does not take place due to settlement or cancellation by one of the parties, the Board will return the fee paid by the respondent or applicant, less one-half (1/2) any fees incurred in connection with mediation.", "sourceNote": "Source Note: The provisions of this §157.33 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective May 14, 2018, 43 TexReg 3097; amended to be effective May 26, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209019", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§157.36", "label": "Stipulations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209020", "queryAsDate": "03/11/2026" }, "ruleBody": "If Alternative Dispute Resolution does not result in the full settlement of a matter, the parties, in conjunction with the mediator if applicable, may limit the issues in a contested case through the entry of written stipulations. Such stipulations shall be forwarded or formally presented to the administrative law judge assigned to conduct the contested case hearing on the merits and shall be made part of the hearing record.", "sourceNote": "Source Note: The provisions of this §157.36 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective May 26, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209020", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§157.37", "label": "Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except for contingent dismissals, all agreements between or among parties that are reached as a result of Alternative Dispute Resolution must be committed to writing, signed by the respondent or applicant and a Board staff attorney and submitted to the Board for approval. Once signed by the Board, the agreement will have the same force and effect as a written contract.(b) If the Board does not approve a proposed settlement, the respondent or applicant will be so informed and the matter will be referred to the Director of TALCB or his or her designee to pursue appropriate action.", "sourceNote": "Source Note: The provisions of this §157.37 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective May 14, 2018, 43 TexReg 3097; amended to be effective May 26, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209021", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§157.38", "label": "Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215672", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsections (c) and (d) of this section, communications made by a participant during Alternative Dispute Resolution (ADR) concerning the subject matter of the ADR, are confidential, not subject to disclosure, and may not be used as evidence in any proceeding.(b) Any notes or record made of or during ADR are confidential, and participants, including the mediator, may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.(c) An oral communication or written material used in or made a part of ADR is admissible or discoverable only if it is admissible or discoverable independent of ADR.(d) If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to the judge to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.(e) All communications in a mediation between parties and between each party and the mediator are confidential. No shared information will be given to the other party unless the party sharing the information explicitly gives the mediator permission to do so. Material provided to the mediator will not be provided to other parties and will not be filed or become part of the contested case record. All notes taken during mediation will be destroyed at the end of the process.", "sourceNote": "Source Note: The provisions of this §157.38 adopted to be effective September 11, 2013, 38 TexReg 5877; amended to be effective May 26, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215672", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "RULEMAKING" }, "rule": { "number": "§157.50", "label": "Negotiated Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205310", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the Board's policy to employ negotiated rulemaking procedures when appropriate. When the Board is of the opinion that proposed rules are likely to be complex, or controversial, or to affect disparate groups, negotiated rulemaking will be considered.(b) When negotiated rulemaking is to be considered, the Board will appoint a convener to assist it in determining whether it is advisable to proceed. The convener shall have the duties described in Government Code §2008.052 and shall make a recommendation to the Executive Director to proceed or to defer negotiated rulemaking. The recommendation shall be made after the convener, at a minimum, has considered all of the items enumerated in Government Code §2008.052(c).(c) Upon the convener's recommendation to proceed, the Board shall initiate negotiated rulemaking according to the provisions of Chapter 2008, Government Code.", "sourceNote": "Source Note: The provisions of this §157.50 adopted to be effective December 8, 2019, 44 TexReg 7538; amended to be effective December 3, 2023, 48 TexReg 6905." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205310", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "157", "label": "RULES RELATING TO PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "RULEMAKING" }, "rule": { "number": "§157.51", "label": "Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215673", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any interested person, as defined by §2001.021, Government Code, may request a rule be adopted, amended, or repealed by submitting a written petition to the Board.(b) The written petition must include:(1) the person's full name, mailing address, telephone number, and email address;(2) a brief summary of the proposed action and its desired effect;(3) a justification for the proposed action set out in narrative form with sufficient particularity to inform the Board the reasons and arguments on which the person is relying;(4) if proposing a new rule, the text of the new rule in the exact form that is desired to be adopted; and(5) if proposing an amendment or repeal, the specific section and text of the rule the person wants to change, with deletions crossed through and additions underlined.(c) The written petition must be submitted to the Board by:(1) delivering the petition in person to the Board's headquarters;(2) sending the petition via email to general.counsel@talcb.texas.gov;(3) sending the petition via fax to (512) 936-3788, ATTN: General Counsel; or(4) sending the petition via mail to P.O. Box 12188, Austin, Texas, 78711, ATTN: General Counsel.(d) Not later than 60 days after the date of submission of a petition that complies with the requirements of this section, the Executive Committee, in consultation with Board staff, shall review the petition and either:(1) deny the petition in writing, stating the reasons for the denial and advising of other methods the interested person may communicate his or her concerns to the Board; or(2) initiate a rulemaking proceeding under Chapter 2001, Government Code, by directing that the petition be placed on the next agenda for discussion by:(A) the Board; or(B) the appropriate Board committee.", "sourceNote": "Source Note: The provisions of this §157.51 adopted to be effective June 6, 2021, 46 TexReg 3392." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215673", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211304", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) AMC--Appraisal management company.(b) AMC Act--Chapter 1104, Texas Occupations Code, Texas Appraisal Management Company Registration and Regulation Act.(c) Administrative law judge--A judge employed by the State Office of Administrative Hearings (SOAH).(d) Advertising--A written or oral statement or communication by or on behalf of an AMC that induces or attempts to induce a member of the public to use the services of the AMC, including but not limited to all publications, radio or television broadcasts, all electronic media including email, text messages, social networking websites, and the Internet, business stationery, business cards, signs and billboards.(e) Applicant--A person seeking to become registered or renew a registration under the AMC Act.(f) Appraisal firm--An entity that employs appraisers on an exclusive basis and receives compensation for performing appraisals and issuing appraisal reports in its own name.(g) Appraiser contact--A person designated by an AMC pursuant to §1104.103(b)(6) of the AMC Act to respond to and communicate with appraisers on the AMC's appraisal panel regarding appraisal assignments.(h) Board--The Texas Appraiser Licensing and Certification Board.(i) Executive Director--The Executive Director of the Board.(j) Day--A calendar day unless clearly indicated otherwise.(k) Federally Regulated Appraisal Management Company--An appraisal management company as defined in §1104.003(b) of the AMC Act.(l) License--The whole or a part of any Board permit, certificate, approval, registration or similar form of permission required by Chapter 1103 or 1104, Texas Occupations Code.(m) License holder--A person licensed or registered by the Board under the AMC Act.(n) Party--The Board and each person named or admitted as a party.(o) Person--Any individual, partnership, corporation, or legal entity.(p) Primary contact--A person who meets the definition of \"controlling person\" in §1104.003 of the AMC Act and is designated by an AMC pursuant to §1104.104 of the AMC Act as the primary contact for all communication between the Board and the AMC.(q) Respondent--Any person subject to the jurisdiction of the Board, registered or unregistered, against whom any complaint has been made.(r) SOAH--State Office of Administrative Hearings.(s) USPAP--Uniform Standards of Professional Appraisal Practice.", "sourceNote": "Source Note: The provisions of this §159.1 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 10, 2017, 42 TexReg 6925; amended to be effective December 25, 2022, 47 TexReg 8272; amended to be effective December 3, 2023, 48 TexReg 6905." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211304", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.3", "label": "Appraisal Management Company Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186894", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A quorum consists of three members of the committee.(b) The committee may meet at the call of the chair or upon the request of a majority of its members. The committee shall meet at the request of the Board.(c) Unless state law or Board rules require otherwise, meetings shall be conducted in accordance with Robert's Rules of Order.(d) At the end of a term, members shall continue to serve until their successors are qualified.(e) The committee is automatically abolished on December 31, 2026, unless the Board subsequently establishes a different date.", "sourceNote": "Source Note: The provisions of this §159.3 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 9, 2018, 43 TexReg 7892; amended to be effective December 25, 2022, 47 TexReg 8272." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186894&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186894", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.4", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215674", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter does not apply to appraisal management services provided:(1) for the appraisal of:(A) commercial property; or(B) residential properties of more than four units; or(2) by persons exempted under §1104.004, the AMC Act.(b) For the purposes of §1104.004 of the AMC Act:(1) a person exclusively employs appraisers on an employer and employee basis for the performance of appraisals if the person does not also employ appraisers as independent contractors or under any other arrangement;(2) a person employs not more than 15 appraisers on an exclusive basis as independent contractors for the performance of appraisals if:(A) the person prohibits the independent contractors from performing appraisals for others; and(B) the person does not employ more than 15 appraisers as independent contractors at any time;(3) a subsidiary of a financial institution is not a department or unit within the institution;(4) an AMC that requires an employee of the AMC who is an appraiser who provided no significant real property appraisal assistance to sign an appraisal that is completed by another appraiser who contracts with the AMC, is not exempt from the registration requirement or other requirements of the AMC Act; and(5) an AMC has an appraisal panel of not more than 15 appraisers at all times during a calendar year if:(A) the AMC does not have more than 15 appraisers on its panel at any time; and(B) an appraiser who has been removed from the AMC's panel is not added back to the panel within 12 months after the date of removal.(c) A person may solicit prospective panelists in anticipation of acting as an AMC without being registered as an AMC, provided that it is registered prior to forming a panel, accepting an appraisal assignment, or performing any other act constituting an appraisal management service.(d) For the purposes of the AMC Act, a property is located in Texas if it is located wholly or partly in the state.", "sourceNote": "Source Note: The provisions of this §159.4 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 10, 2017, 42 TexReg 6925." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215674", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.52", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170545", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board will charge and the Executive Director will collect the following fees:(1) a fee of $3,300 for an application for a two-year registration;(2) a fee of $3,000 for a timely renewal of a two-year registration;(3) a fee equal to 1-1/2 times the timely renewal fee for the late renewal of a registration within 90 days of expiration; a fee equal to two times the timely renewal fee for the late renewal of a registration more than 90 days but less than six months after expiration;(4) the national registry fee in the amount charged by the Appraisal Subcommittee for the AMC registry;(5) a fee of $500 for untimely payment of the AMC national registry fee;(6) a fee of $10 for each appraiser on a panel at the time of renewal of a registration;(7) a fee of $5 to add an appraiser to a panel in the Board's records;(8) a fee of $5 for the termination of an appraiser from a panel;(9) a fee of $50 to return to active status;(10) a fee of $50 for evaluation of an owner or primary contact's background history not submitted with an original application or renewal;(11) any fee required by the Department of Information Resources for establishing and maintaining online applications or as a subscription or convenience fee for use of an online payment system; and(12) a fee in the amount necessary to administer section 1104.052(c) of the AMC Act.(b) Fees must be submitted in U.S. funds payable to the order of the Texas Appraiser Licensing and Certification Board. Fees are not refundable once an application has been accepted for filing. Persons who have submitted a payment that has been dishonored, and who have not made good on that payment within 30 days, for whatever reason, must submit all replacement fees in the form of a cashier's check, money order, or online credit card payment.(c) AMCs registered with the Board must pay any annual registry fee as required under federal law. All registry fees collected by the Board will be deposited to the credit of the appraiser registry account in the general revenue fund. The Board will send the fees to the Appraisal Subcommittee as required by federal law.", "sourceNote": "Source Note: The provisions of this §159.52 adopted to be effective March 5, 2012, 37 TexReg 483; amended to be effective December 22, 2013, 38 TexReg 9050; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective January 1, 2017, 41 TexReg 9707; amended to be effective December 10, 2017, 42 TexReg 6926; amended to be effective January 1, 2020, 44 TexReg 7538; amended to be effective December 25, 2022, 47 TexReg 8272; amended to be effective December 3, 2023, 48 TexReg 6905." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170545", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.101", "label": "Use of Business Name" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211306", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder must notify the Board, on a form approved by the Board, within 30 days after the license holder starts or stops using a business name other than the name in which the license holder is registered.", "sourceNote": "Source Note: The provisions of this §159.101 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211306", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.102", "label": "Eligibility for Registration; Ownership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an owner of the applicant has had a license to act as an appraiser denied, revoked, or surrendered, the Board may require the applicant to provide information concerning whether the owner's license was denied, revoked, or surrendered for a nonsubstantive reason as determined by the Board.(b) For purposes of this Chapter, a nonsubstantive reason may include, but is not limited to:(1) mistake; or(2) failure to comply with technical requirements for renewal.", "sourceNote": "Source Note: The provisions of this §159.102 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 10, 2017, 42 TexReg 6926; amended to be effective December 25, 2022, 47 TexReg 8272." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211307", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.103", "label": "Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225944", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application must be accompanied by one completed and signed Owner/Primary Contact Background History form for the primary contact and each owner of more than 10% of the company.(b) An application may be rejected if incomplete.(c) An application is subject to no further evaluation or processing if an applicant fails to provide information or documentation within 60 days after the Board makes written request for the information or documentation.(d) License holders must retain documents establishing ownership for a period of five years from the date the application was filed.", "sourceNote": "Source Note: The provisions of this §159.103 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 25, 2022, 47 TexReg 8272." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225944", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.104", "label": "Primary Contact; Appraiser Contact; Controlling Person; Contact Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contact Information. For purposes of conducting business with the Board and receiving correspondence, service of documents, or notices from the Board, each applicant or license holder must provide the Board with the following contact information for its primary contact and appraiser contact:(1) mailing address;(2) phone number; and(3) email address.(b) Designation of additional controlling persons.(1) An applicant or license holder may designate additional controlling persons:(A) on the applicant's initial license application or renewal form; or(B) by filing a request using a process acceptable to the Board.(2) An applicant or license holder must notify the Board within 10 days if a person designated as an additional controlling person ceases to serve in that role using a process acceptable to the Board.(c) An applicant or license holder must give the Board written notice of any change to the contact information for its primary contact, appraiser contact, or additional controlling persons, if any, within 10 days of the change, using a process acceptable to the Board.(d) If a license holder's primary contact or appraiser contact changes, the license holder must give the Board written notice of the change using a process acceptable to the Board, including all information required by this section and §1104.103(b)(4) and (6) of the AMC Act, and, if appropriate, documentation that the person is qualified to serve under §1104.104(b) of the AMC Act, within 10 days of the change.(e) A license holder must give the Board written notice using a process acceptable to the Board within 10 days if its primary contact or appraiser contact ceases to serve in that role and a qualified replacement is not immediately named. If a license holder's primary contact or appraiser contact ceases to serve in that role and the license holder does not give the Board written notice of a replacement, the license holder will be placed on inactive status.(f) A primary contact who assumes that role during the term of the registration must provide the Board written consent to a criminal history background check, as required by §1104.102 of the AMC Act. If the person does not satisfy the Board's moral character requirements, the Board will remove the person from its records and the license holder will be placed on inactive status. Such a decision by the Board may be reviewed and reconsidered by the Executive Director if the license holder submits a written request for reconsideration within 10 days of notice that the person does not qualify to serve as primary contact. The license holder will remain on inactive status while the request for reconsideration is pending.(g) The appraiser contact must hold an active, current license issued by an appraiser regulatory agency within the jurisdiction of the Appraisal Subcommittee.(h) The Board will send all correspondence and serve all required notices and documents by sending such items to the mailing or email address of the applicant's or license holder's primary contact as shown in the Board's records.(i) If an applicant or license holder fails to update the contact information for its primary contact, appraiser contact, or additional controlling persons, if any, the contact information for these individuals is the last known contact information provided to the Board and shown in the Board's records.", "sourceNote": "Source Note: The provisions of this §159.104 adopted to\r\nbe effective November 3, 2011, 36 TexReg 7320; amended to be effective\r\nDecember 14, 2014, 39 TexReg 9668; amended to be effective December\r\n10, 2017, 42 TexReg 6926; amended to be effective March 3, 2019, 44\r\nTexReg 833; amended to be effective December 3, 2023, 48 TexReg 6905;\r\namended to be effective September 3, 2025, 50 TexReg 5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225945", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.105", "label": "Denial of Registration or Renewal of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170551", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) AMCs, persons who own more than 10% interest in an AMC, and individuals who act as the primary contact for an AMC must be honest, trustworthy, and reliable. Accordingly, such persons must satisfy the Board of their honesty, integrity, and trustworthiness before a registration may be issued and upon renewal.(b) The board deems the following felonies and misdemeanors directly related to the field of appraisal management and suggestive of a lack of the requisite moral character:(1) offenses involving fraud or misrepresentation;(2) offenses against real or personal property belonging to another, if committed knowingly or intentionally;(3) offenses against public administration;(4) offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law;(5) offenses involving moral turpitude; and(6) offenses of attempting or conspiring to commit any of the foregoing offenses.(c) In determining whether a criminal offense by an applicant, the primary contact, or an owner of any interest in the AMC prevents the issuance or renewal of a registration, the Board will consider the following factors:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a registration to provide appraisal management services;(3) the extent to which a registration might offer an opportunity to engage in further criminal activity of the same type as that which the person had previously been involved; and(4) the relationship of the crime to the ability, capacity, or fitness required to be involved, directly or indirectly, in performing the duties and discharge the responsibilities of AMC.(d) In determining the present fitness of a person who has committed an offense under this section, the Board will consider the following evidence:(1) the extent and nature of the person's past criminal activity;(2) the age of the person at the time of the commission of the crime;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person prior to and following the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and(6) other evidence of the person's present fitness including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff and chief of police in the community where the person resides; and any other persons in contact with the person.(e) A person is presumed to lack the requisite moral character if less than two years has elapsed since the offense was committed.(f) An applicant is presumed to be unfit to perform appraisal management services if the person has violated the appraiser independence standards of Section 129E of the Truth in Lending Act (15 U.S.C. §1601 et seq.). This presumption may be rebutted by credible evidence to the contrary.(g) It is the responsibility of the applicant to the extent possible to secure and provide the Board the recommendations of the prosecution, law enforcement, and correctional authorities, as well as evidence, in the form required by the Board, relating to whether the applicant has maintained a record of steady employment, has maintained a record of good conduct, and is current on the payment of any outstanding court costs, supervision fees, fines, and restitution. (h) A currently incarcerated individual does not possess the required good moral character.(i) The primary contact and each owner of more than 10% of the AMC must consent in writing to a criminal history background check at the time the AMC submits an application for registration or renewal using a process acceptable to the Board.(j) An applicant must provide information related to whether a person who owns an interest in the applicant has:(1) had a license or certification to act as an appraiser denied, revoked, or surrendered in lieu of revocation;(2) the license or certification to act as an appraiser has not been subsequently granted or reinstated; and(3) the license or certification to act as an appraiser was denied, revoked, or surrendered in lieu of revocation for a nonsubstantive reason for the Board's determination under §159.102 of this chapter.(k) An application for registration or renewal of registration that is denied by TALCB Division staff may be reviewed and reconsidered by the Executive Director if the applicant submits a written request for reconsideration within 10 days of notice of the denial. The right to request reconsideration is distinct from, and in addition to, an applicant's right to appeal an application denial before SOAH.", "sourceNote": "Source Note: The provisions of this §159.105 adopted to\r\nbe effective November 3, 2011, 36 TexReg 7320; amended to be effective\r\nDecember 14, 2014, 39 TexReg 9668; amended to be effective December\r\n10, 2017, 42 TexReg 6926; amended to be effective December 9, 2018,\r\n43 TexReg 7892; amended to be effective December 25, 2022, 47 TexReg\r\n8272; amended to be effective December 3, 2023, 48 TexReg 6905; amended\r\nto be effective September 3, 2025, 50 TexReg 5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170551", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.107", "label": "Expiration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225946", "queryAsDate": "03/11/2026" }, "ruleBody": "A registration is valid for the term for which it is issued by the Board.", "sourceNote": "Source Note: The provisions of this §159.107 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225946", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.108", "label": "Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Renewal Notice.(1) The Board will send a renewal notice to the license holder's primary contact at least 90 days prior to the expiration of the license.(2) Failure to receive a renewal notice from the Board does not relieve the license holder of the responsibility to timely apply for renewal.(b) Application for Renewal. To renew a license, a license holder must:(1) submit an application as required by §1104.103 of the AMC Act using a process acceptable to the Board; and(2) pay all applicable renewal fees established in §159.52 of this chapter.(3) It is the responsibility of the license holder to apply for renewal in accordance with this section sufficiently in advance of the expiration date to ensure that all renewal requirements, including background checks, are satisfied before the expiration date of the license.(4) An application for renewal is not complete, and no renewal will issue, until all application requirements are satisfied.(c) Denial of Renewal. The Board may deny an application for license renewal if the license holder is in violation of a Board order.", "sourceNote": "Source Note: The provisions of this §159.108 adopted to\r\nbe effective November 3, 2011, 36 TexReg 7320; amended to be effective\r\nDecember 14, 2014, 39 TexReg 9668; amended to be effective December\r\n9, 2018, 43 TexReg 7892; amended to be effective December 8, 2019,\r\n44 TexReg 7539; amended to be effective September 3, 2025, 50 TexReg\r\n5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225947", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.109", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216974", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To elect to be placed on inactive status, a license holder must do the following: (1) file a request for inactive status using a process acceptable to the Board; and (2) confirm in writing to the Board that the license holder has given written notice of its election to go inactive to all appraisers listed on the license holder's appraiser panel at least 30 days prior to filing the request for inactive status.(b) In order to return from inactive status to active status, a license holder must submit a request and proof of compliance with all outstanding requirements for active registration using a process acceptable to the Board.(c) A license holder that has elected or been placed on inactive status may not engage in any activity for which registration is required until an active registration has been issued by the Board.(d) The appraiser panel of a license holder on inactive status will remain in place. (e) A license holder may renew on inactive status. To renew on inactive status, a license holder must satisfy: (1) all requirements under subsection (a) of this section; and (2) all renewal requirements for an active registration under §159.108 of this chapter.", "sourceNote": "Source Note: The provisions of this §159.109 adopted\r\nto be effective November 3, 2011, 36 TexReg 7320; amended to be effective\r\nSeptember 11, 2013, 38 TexReg 5879; amended to be effective December\r\n14, 2014, 39 TexReg 9668; amended to be effective December 25, 2022,\r\n47 TexReg 8272; amended to be effective September 3, 2025, 50 TexReg\r\n5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216974", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.110", "label": "AMC National Registry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186899", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this rule, the term \"AMC\" includes each AMC registered with the Board under Chapter 1104, Occupations Code, including AMCs with an active or inactive license status, and each federally regulated AMC operating in this state.(b) An AMC must provide information to the Board and pay the required AMC Registry Fee on an annual basis.(c) The Board will send notice to each AMC regarding payment of AMC Registry Fees on or before November 1st of each calendar year.(d) On or after January 1st and before March 31st of the calendar year following the issuance of notice under subsection (c), each AMC must:(1) Submit the information required to determine the applicable AMC Registry Fee; and(2) Pay the applicable AMC Registry Fee.(e) The Board will transmit the information collected from each AMC to the Appraisal Subcommittee for inclusion on the AMC National Registry as required by federal law.(f) Failure to receive notice from the Board regarding annual payment of AMC Registry Fees does not relieve an AMC from submitting the required information and paying the applicable AMC Registry Fee in a timely manner as required in this section.(g) Failure to submit the required information and pay the applicable AMC Registry Fee in a timely manner as required in this section is a violation of this rule that may result in one or more of the following:(1) Assessment of a late fee;(2) Placement on inactive status; and(3) Disciplinary action, up to and including license revocation.", "sourceNote": "Source Note: The provisions of this §159.110 adopted to be effective January 1, 2020, 44 TexReg 7539; amended to be effective March 17, 2024, 49 TexReg 1464." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186899", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.154", "label": "Competency of Appraisers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of §1104.154 of the AMC Act and this section, the term \"assignment\" means an appraisal assignment. This term does not include an appraisal review assignment.(b) In addition to verifying an appraiser's licensure as required by §1104.152 of the AMC Act, an AMC must, at the time of or before making an assignment to an appraiser, obtain a written certification from the appraiser that the appraiser:(1) is competent in the property type of the assignment;(2) is competent in the geographical area of the assignment;(3) has access to appropriate data sources for the assignment;(4) will immediately notify the AMC if the appraiser later determines that he or she is not qualified under paragraph (1), (2), or (3) of this subsection to complete the assignment; and(5) is aware that misrepresentation of competency is subject to the mandatory reporting requirement in §1104.160 of the AMC Act.(c) An AMC that has reviewed an appraiser's work must consider the findings of the review in verifying competency for the purpose of assigning future work.(d) For the purposes of verifying that an appraiser has not had a license denied in another jurisdiction, an AMC may rely on information provided by the appraiser.", "sourceNote": "Source Note: The provisions of this §159.154 adopted to be effective March 5, 2012, 37 TexReg 483; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 10, 2017, 42 TexReg 6927." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215677", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.155", "label": "Periodic Review of Appraisals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186901", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder must have a written policy reflecting a process and controls in place to periodically review the work of appraisers performing appraisal services on 1-4 family unit properties collateralizing mortgage obligations by performing a review in accordance with Standards 3 and 4 of USPAP.(b) In accordance with 1104.156 of the Occupations Code, upon request by the Board, a license holder shall produce a copy of the written policy and information demonstrating compliance with the policy.(c) An appraiser is qualified to perform an appraisal review within the meaning of §1104.153 of the AMC Act if the appraiser conducting the review:(1) is licensed or certified to act as an appraiser in Texas or another jurisdiction;(2) holds the appropriate credential to have performed the appraisal being reviewed; and(3) does not develop an opinion of value. If the reviewer elects to develop an opinion of value within the review, the reviewer must be licensed or certified to act as an appraiser in Texas.(d) To satisfy the requirements of the AMC Act and this rule, a license holder performing an appraisal review must perform a scope of work that is sufficient to ensure that methods, assumptions, data sources, and conclusions of the appraisal subject to review comply with USPAP.", "sourceNote": "Source Note: The provisions of this §159.155 adopted to be effective March 5, 2012, 37 TexReg 483; amended to be effective December 4, 2012, 37 TexReg 9509; amended to be effective September 11, 2013, 38 TexReg 5879; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 10, 2017, 42 TexReg 6927; amended to be effective December 9, 2018, 43 TexReg 7892; amended to be effective June 6, 2021, 46 TexReg 3393; amended to be effective December 3, 2023, 48 TexReg 6905." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186901&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186901", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.156", "label": "Business Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170556", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of the requirement in §1104.156(c) of the AMC Act regarding retention of written records of substantive communications between an AMC and an appraiser, a communication is substantive if it relates to the appraiser's qualifications or to the scope of work of an assignment.(b) An AMC may not require an appraiser to keep confidential the existence of the appraiser's business relationship with an AMC or the fact that the appraiser has received any specific assignment from the AMC to perform an appraisal.(c) A business entity required to register as an AMC must maintain documentation showing that it has complied with the requirements contained in its governing documents for changing officers or managers. The business entity must promptly provide to the Board upon request all business formation, ownership and representative authorization records and changes thereto required to be kept by the business entity by law.(d) Written records include electronic records.", "sourceNote": "Source Note: The provisions of this §159.156 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective September 12, 2012, 37 TexReg 7175; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 10, 2017, 42 TexReg 6927." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170556", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.157", "label": "Compensation of Appraisers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder must compensate the appraisers on the panel based on a compensation policy, established by the license holder, that provides for customary and reasonable fees by taking into consideration the requirements of and any presumptions available under federal law.(b) A license holder must reassess its compensation policy at least annually and shall retain, for a period of five years, records of all compensation information that formed the basis for the policy.(c) A license holder must make any fee schedule adopted under its compensation policy available to each appraiser on its panel.(d) A license holder may not require an appraiser to sign a certification that a fee for an assignment is customary and reasonable.", "sourceNote": "Source Note: The provisions of this §159.157 adopted to be effective March 5, 2012, 37 TexReg 483; amended to be effective December 14, 2014, 39 TexReg 9668." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170557", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.159", "label": "Disclosure of Registered Name and Registration Number" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225948", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of the AMC Act, \"documents used to procure appraisals\" include written documents and electronic communications, including e-mail, used for that purpose, but does not include general advertisements and supporting documentation.(b) On all documents used to procure appraisals, an AMC must disclose the name it registered with the Board, any other name that it uses in business and the registration number received from the Board.", "sourceNote": "Source Note: The provisions of this §159.159 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective September 11, 2013, 38 TexReg 5879; amended to be effective December 14, 2014, 39 TexReg 9668." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225948", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.161", "label": "Appraiser Panel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170560", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an appraiser is not employed by the AMC or already a member of the AMC's panel, an AMC must add the appraiser to the AMC's panel no later than the date on which the AMC makes an assignment to the appraiser.(b) To add an appraiser to a panel, the AMC must initiate the request using a process acceptable to the Board, including payment of any required fee(s).(c) An appraiser or an AMC may terminate the appraiser's membership on a panel by submitting a termination notice using a process acceptable to the Board electronically through the Board's online panel management system, including payment of any required fee.(d) If an appraiser terminates his or her membership on a panel, the appraiser must immediately notify the AMC of the termination. If an AMC terminates an appraiser's membership on a panel, the AMC must immediately notify the appraiser of the termination.(e) If an appraiser's license is suspended or revoked, the Board will remove the appraiser from any panels on which the appraiser is listed with no fee charged to the AMC or the appraiser.(f) If an appraiser's license expires, the Board will:(1) change the appraiser's license status the month following expiration of the license; and(2) remove the appraiser from any panels on which the appraiser is listed with no fee charged to the AMC or the appraiser once the license can no longer be renewed.", "sourceNote": "Source Note: The provisions of this §159.161 adopted\r\nto be effective November 3, 2011, 36 TexReg 7320; amended to be effective\r\nJune 10, 2012, 37 TexReg 4224; amended to be effective December 14,\r\n2014, 39 TexReg 9668; amended to be effective January 1, 2017, 41\r\nTexReg 9708; amended to be effective September 3, 2025, 50 TexReg\r\n5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170560", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.162", "label": "Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215678", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder must provide a dispute resolution process for appraisers.(b) The dispute resolution process must provide for either:(1) review by an external third party; or(2) internal review by a person whose position within the company is above the level of the person responsible for the decision or action under review.(c) A license holder's dispute resolution process for appraisers must provide for:(1) a written response to the request for review;(2) a written statement of the outcome of the dispute resolution process; and(3) copies of all relevant documentation to the appraiser upon written request.(d) An appraiser who is aggrieved under §1104.157 or §1104.161 of the AMC Act must utilize the license holder's dispute resolution process before filling a complaint against the AMC with the Board.", "sourceNote": "Source Note: The provisions of this §159.162 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215678", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.201", "label": "Guidelines for Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215679", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may take disciplinary action, or deny issuing or renewing a license to an applicant, any time it is determined that the person applying for, renewing, or holding the license or the AMC's primary contact:(1) disregards or violates a provision of the AMC Act or Board rules;(2) is convicted of a felony;(3) fails to notify the Board not later than the 30th day after the date of the final conviction if the person, in a court of this or another state or in a federal court, has been convicted of or entered a plea of guilty or nolo contendere to a felony or a criminal offense involving fraud or moral turpitude;(4) fails to notify the Board not later than the 30th day after the date of incarceration if the person, in this or another state, has been incarcerated for a criminal offense involving fraud or moral turpitude;(5) fails to notify the Board of the following with regard to any professional or occupational license held by the person in Texas or another jurisdiction not later than the 30th day after the date:(A) disciplinary action becomes final against the person; or(B) the person voluntarily surrenders any professional or occupational license;(6) fails to require appraisal assignments be completed in compliance with the USPAP edition in effect at the time of the appraisal or appraisal practice;(7) acts or holds any person out as a registered AMC under the AMC Act or another state's act when not so licensed or certified;(8) accepts payment for appraisal management services but fails to deliver the agreed service in the agreed upon manner;(9) refuses to refund payment received for appraisal management services when he or she has failed to deliver the appraiser service in the agreed upon manner;(10) accepts payment for services contingent upon a minimum, maximum, or pre-agreed value estimate;(11) offers to perform appraisal management services or agrees to perform such services when employment to perform such services is contingent upon a minimum, maximum, or pre-agreed value estimate;(12) makes a material misrepresentation or omission of material fact;(13) has had a registration as an AMC revoked, suspended, or otherwise acted against by any other jurisdiction for an act which is an offense under Texas law;(14) procures a registration pursuant to the AMC Act by making false, misleading, or fraudulent representation;(15) has had a final civil judgment entered against him or her on any one of the following grounds:(A) fraud;(B) intentional or knowing misrepresentation; or(C) grossly negligent misrepresentation in the making of real estate appraiser services;(16) fails to make good on a payment issued to the Board within 30 days after the Board has mailed a request for payment by certified mail to the license holder's primary contact as reflected in the Board's records;(17) knowingly or willfully engages in false or misleading conduct or advertising with respect to client solicitation;(18) uses any title, designation, initial or other insignia or identification that would mislead the public as to that person's credentials, qualifications, competency, or ability to provide appraisal management services;(19) requires an appraiser to pay for or reimburse the AMC for a criminal history check;(20) fails to comply with a final order of the Board; or(21) fails to answer all inquiries concerning matters under the jurisdiction of the Board within 20 days of notice to said person's or primary contact's address of record, or within the time period allowed if granted a written extension by the Board.(b) The Board has discretion in determining the appropriate penalty for any violation under subsection (a) of this section.(c) The Board may probate a penalty or sanction, and may impose conditions of the probation, including, but not limited to:(1) the type and scope of appraisal management practice;(2) requirements for additional education by the AMC's controlling persons;(3) monetary administrative penalties; and(4) requirements for reporting appraisal management activity to the Board.(d) A person applying for reinstatement after revocation or surrender of a registration must comply with all requirements that would apply if the registration had instead expired.(e) The provisions of this section do not relieve a person from civil liability or from criminal prosecution under the AMC Act or under the laws of this State.(f) The Board may not investigate under this section a complaint submitted more than four years after the date on which the alleged violation occurred involving the AMC that is the subject of the complaint.(g) Except as provided by Texas Penal Code §32.32(d), there will be no undercover or covert investigations conducted by authority of the AMC Act.(h) The Board reports to the Appraisal Subcommittee any disciplinary action taken by the Board against an AMC required to register under the AMC Act.", "sourceNote": "Source Note: The provisions of this §159.201 adopted to be effective November 3, 2011, 36 TexReg 7320; amended to be effective December 14, 2014, 39 TexReg 9668; amended to be effective December 11, 2016, 41 TexReg 9708; amended to be effective December 10, 2017, 42 TexReg 6928; amended to be effective December 25, 2022, 47 TexReg 8272; amended to be effective December 3, 2023, 48 TexReg 6905." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215679", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.202", "label": "AMC Investigative Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224447", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board Chair, with the advice and consent of the Executive Committee, may appoint an Investigative Committee pool at least every two years.(b) A panel of the Investigative Committee shall consist of:(1) one or two Board members;(2) a member of the AMC Advisory Committee; and(3) a TALCB Investigator.(c) During complaint intake, the TALCB Director or his or her designee shall assign a TALCB Investigator to investigate the complaint.(d) Complaints in which adverse action or contingent dismissals is recommended by an investigator are subject to review by the Investigative Committee. Complaints that result in dismissals, defaults, or warning letters are not subject to review by the Investigative Committee.(e) No more than 7 days following the investigator's completion of an investigative report, the investigator shall provide his or her findings, including the investigative report and the complaint file, to the members of the Investigative Committee. The investigative report must include:(1) a statement of facts;(2) the investigator's recommendations; and(3) the position or defense of the respondent.(f) the Investigative Committee and staff may elect to confer in person, via e-mail, or video conference prior to the members' determination.(g) The Board delegates its authority to receive the written findings or determination of the Investigative Committee to the Executive Director.(h) No more than five business days after the review of the investigator's findings, the committee shall render a determination agreeing or disagreeing with the investigator's finding of alleged violations and submit a copy of their determination to the Executive Director or his or her designee on behalf of the Board. The determination shall serve as a recommendation to the TALCB Division as to whether to pursue adverse action against a respondent. A copy of the determination shall be included in the complaint file. The Board Chair may request statistical data related to the investigator's recommendations, members' determination, and adverse action pursued by the Division.(i) Board members who participate in the Investigative Committee Review of a complaint are disqualified from participating in any future adjudication of the same complaint.", "sourceNote": "Source Note: The provisions of this §159.202 adopted to be effective December 3, 2023, 48 TexReg 6905." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224447", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.203", "label": "Sanctions Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224448", "queryAsDate": "03/11/2026" }, "ruleBody": "In determining the proper disposition of a formal complaint pending as of or filed after the effective date of this section, and subject to the maximum penalties authorized under Chapter 1104, Texas Occupations Code, staff, the administrative law judge in a contested case hearing and the Board shall consider the following sanctions guidelines and list of non-exclusive factors as demonstrated by the evidence in the record of a contested case proceeding.(1) For the purposes of these sanctions guidelines:(A) An AMC will not be considered to have had a prior warning letter, contingent dismissal or discipline if that prior warning letter, contingent dismissal or discipline occurred more than ten years ago;(B) A prior warning letter, contingent dismissal or discipline given less than ten years ago will not be considered unless the Board took final action against the AMC before the date of the incident that led to the subsequent disciplinary action;(C) Prior discipline is defined as any sanction, including an administrative penalty, received under a Board final or agreed order;(D) A violation refers to a violation of any provision of the AMC Act or Board rules;(E) \"Minor deficiencies\" is defined as violations of the AMC Act or Board rules which do not call into question the qualification of the AMC for licensure in Texas;(F) \"Serious deficiencies\" is defined as violations of the Act or Board rules which do call into question the qualification of the AMC for licensure in Texas;(G) \"Remedial measures\" include training, auditing, or any combination thereof; and(H) The terms of a contingent dismissal agreement will be in writing and agreed to by all parties. Staff may dismiss the complaint with a non-disciplinary warning upon written agreement that the Respondent will complete all remedial measures within the agreed-upon timeframe. If the Respondent fails to meet the deadlines in the agreement, the Respondent's license or certification will be automatically set to inactive status until the Respondent completes the remedial measures set forth in the agreement.(2) List of factors to consider in determining proper disposition of a formal complaint:(A) Whether the Respondent has previously received a warning letter or contingent dismissal, and if so, the similarity of facts or violations in that previous complaint to the facts or violations in the instant complaint matter;(B) Whether the Respondent has previously been disciplined; (C) If previously disciplined, the nature of the discipline, including:(i) Whether it concerned the same or similar violations or facts;(ii) The nature of the disciplinary sanctions imposed;(iii) The length of time since the previous discipline;(D) The difficulty or complexity of the incident at issue;(E) Whether the violations found were of a negligent, grossly negligent or a knowing or intentional nature;(F) Whether the violations found involved a single appraisal or instance of conduct or multiple appraisals or instances of conduct;(G) To whom were the appraisal report(s) or the conduct directed, with greater weight placed upon appraisal report(s) or conduct directed at:(i) A financial institution or their agent, contemplating a lending decision based, in part, on the appraisal report(s) or conduct at issue;(ii) The Board;(iii) A matter which is actively being litigated in a state or federal court or before a regulatory body of a state or the federal government;(iv) Another government agency or government sponsored entity, including, but not limited to, the United States Department of Veteran's Administration, the United States Department of Housing and Urban Development, the State of Texas, Fannie Mae, and Freddie Mac;(v) A consumer contemplating a real property transaction involving the consumer's principal residence;(H) Whether Respondent's violations caused any harm, including financial harm, and the amount of such harm;(I) Whether Respondent acknowledged or admitted to violations and cooperated with the Board's investigation prior to any contested case hearing;(J) The business operating history of the AMC, including:(i) The size of the AMC's appraiser panel;(ii) The length of time Respondent has been licensed as an AMC in Texas;(iii) The length of time the AMC has been conducting business operations, in any jurisdiction;(iv) The nature and extent of any remedial measures and sanctions the Respondent had received related to the areas in which violations were found; and(v) Respondent's affiliation with other business entities; (K) Whether Respondent can improve the AMC's practice through the use of remedial measures; and(L) Whether Respondent has voluntarily completed remedial measures prior to the resolution of the complaint.(3) The sanctions guidelines contained herein shall be employed in conjunction with the factors listed in paragraph (2) of this section to assist in reaching the proper disposition of a formal complaint:(A) 1st Time Discipline Level 1--violations of the AMC Act or Board rules which evidence minor deficiencies will result in one of the following outcomes:(i) Dismissal;(ii) Dismissal with non-disciplinary warning letter;(iii) Contingent dismissal with remedial measures.(B) 1st Time Discipline Level 2--violations of the AMC Act or Board rules which evidence serious deficiencies will result in one of the following outcomes:(i) Contingent dismissal with remedial measures;(ii) A final order which imposes one or more of the following:(I) Remedial measures;(II) Required adoption and implementation of written, preventative policies or procedures;(III) A probationary period with provisions for monitoring the AMC;(IV) Monitoring and/or preapproval of AMC panel removals for a specified period of time;(V) Monitoring and/or preapproval of the licensed activities of the AMC for a specified time period or until specified conditions are satisfied;(VI) Minimum of $1,000 in administrative penalties per act or omission which constitutes a violation(s) of the AMC Act or Board rules; each day of a continuing violation is a separate violation. (C) 1st Time Discipline Level 3--violations of the AMC Act or Board rules which evidence serious deficiencies and were done with knowledge, deliberately, willfully, or with gross negligence will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required adoption and implementation of written, preventative policies or procedures;(v) A probationary period with provisions for monitoring the AMC;(vi) Monitoring and/or preapproval of AMC panel removals for a specified period of time;(vii) Monitoring and/or preapproval of the licensed activities of the AMC for a specified time period or until specified conditions are satisfied;(viii) Minimum of $2,500 in administrative penalties per act or omission which constitutes a violation(s) of the AMC Act or Board rules; each day of a continuing violation is a separate violation. (D) 2nd Time Discipline Level 1--violations of the AMC Act or Board rules which evidence minor deficiencies will result in one of the following outcomes:(i) Dismissal;(ii) Dismissal with non-disciplinary warning letter;(iii) Contingent dismissal with remedial measures;(iv) A final order which imposes one or more of the following:(I) Remedial measures;(II) Required adoption and implementation of written, preventative policies or procedures;(III) A probationary period with provisions for monitoring the AMC;(IV) Monitoring and/or preapproval of AMC panel removals for a specified period of time;(V) Monitoring and/or preapproval of the licensed activities of the AMC for a specified time period or until specified conditions are satisfied;(VI) Minimum of $1,000 in administrative penalties per act or omission which constitutes a violation(s) of the AMC Act or Board rules; each day of a continuing violation is a separate violation. (E) 2nd Time Discipline Level 2--violations of the AMC Act or Board rules which evidence serious deficiencies will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required adoption and implementation of written, preventative policies or procedures;(v) A probationary period with provisions for monitoring the AMC;(vi) Monitoring and/or preapproval of AMC panel removals for a specified period of time;(vii) Monitoring and/or preapproval of the licensed activities of the AMC for a specified time period or until specified conditions are satisfied;(viii) Minimum of $2,500 in administrative penalties per act or omission which constitutes a violation(s) of AMC Act or Board rules; each day of a continuing violation is a separate violation.(F) 2nd Time Discipline Level 3--violations of the AMC Act or Board rules which evidence serious deficiencies and were done with knowledge, deliberately, willfully, or with gross negligence will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required adoption and implementation of written, preventative policies or procedures;(v) A probationary period with provisions for monitoring the AMC;(vi) Monitoring and/or preapproval of AMC panel removals for a specified period of time;(vii) Monitoring and/or preapproval of the licensed activities of the AMC for a specified time period or until specified conditions are satisfied;(viii) Minimum of $4,000 in administrative penalties per act or omission which constitutes a violation(s) of the AMC Act or Board rules; each day of a continuing violation is a separate violation. (G) 3rd Time Discipline Level 1--violations of the AMC Act or Board rules which evidence minor deficiencies will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required adoption and implementation of written, preventative policies or procedures;(v) A probationary period with provisions for monitoring the AMC;(vi) Monitoring and/or preapproval of AMC panel removals for a specified period of time;(vii) Monitoring and/or preapproval of the licensed activities of the AMC for a specified time period or until specified conditions are satisfied;(viii) Minimum of $2,500 in administrative penalties per act or omission which constitutes a violation(s) of the AMC Act or Board rules; each day of a continuing violation is a separate violation. (H) 3rd Time Discipline Level 2--violations of the AMC Act or Board rules which evidence serious deficiencies will result in a final order which imposes one or more of the following:(i) A period of suspension;(ii) A revocation;(iii) Remedial measures;(iv) Required adoption and implementation of written, preventative policies or procedures;(v) A probationary period with provisions for monitoring the AMC;(vi) Monitoring and/or preapproval of AMC panel removals for a specified period of time;(vii) Monitoring and/or preapproval of the licensed activities of the AMC for a specified time period or until specified conditions are satisfied;(viii) Minimum of $4,000 in administrative penalties per act or omission which constitutes a violation(s) of the AMC Act or Board rules; each day of a continuing violation is a separate violation. (I) 3rd Time Discipline Level 3--violations of the AMC Act or Board rules which evidence serious deficiencies and were done with knowledge, deliberately, willfully, or with gross negligence will result in a final order which imposes one or more of the following:(i) A revocation; and(ii) Minimum of $7,000 in administrative penalties per act or omission which constitutes a violation(s) of Board Rules, or the AMC Act; each day of a continuing violation is a separate violation. (J) 4th Time Discipline--violations of the AMC Act or Board rules will result in a final order which imposes one or more of the following:(i) A revocation; and(ii) $10,000 in administrative penalties per act or omission which constitutes a violation(s) of the AMC Act or Board rules; each day of a continuing violation is a separate violation.(K) Unlicensed AMC activity will result in a final order which imposes a $10,000 in administrative penalties per unlicensed AMC activity; each day of a continuing violation is a separate violation. (4) In addition, staff may recommend any or all of the following:(A) Reducing or increasing the recommended sanction or administrative penalty for a complaint based on documented factors that support the deviation, including but not limited to those factors articulated under paragraph (2) of this section;(B) Probating all or a portion of any remedial measure, sanction, or administrative penalty for a period not to exceed three years;(C) Requiring additional reporting requirements;(D) Payment of costs expended by the Board associated with the investigation, and if applicable, a contested case, including legal fees and administrative costs; and(E) Such other recommendations, with documented support, as will achieve the purposes of the AMC Act or Board rules.", "sourceNote": "Source Note: The provisions of this §159.203 adopted\r\nto be effective March 17, 2025, 50 TexReg 1902." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224448", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.204", "label": "Complaint Processing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Receipt of a Complaint Intake Form by the Board does not constitute the filing of a formal complaint by the Board against the AMC named on the Complaint Intake Form. Upon receipt of a signed Complaint Intake Form, staff will:(1) assign the complaint a case number in the complaint tracking system; and(2) send written acknowledgement of receipt to the complainant.(b) Priority of complaint investigations. The Board prioritizes and investigates complaints based on the risk of harm each complaint poses to the public. Complaints that pose a high risk of public harm include violations of the AMC Act or Board rules that:(1) evidence serious deficiencies, including:(A) Fraud;(B) Identity theft;(C) Unlicensed activity;(D) Ethical violations;(E) Violations of appraiser independence; or(F) Other conduct determined by the Board that poses a significant risk of public harm; and(2) were done:(A) with knowledge;(B) deliberately;(C) willfully; or(D) with gross negligence.(c) If the staff determines at any time that the complaint is not within the Board's jurisdiction, or that no violation exists, the complaint will be dismissed with no further processing. The Board or the Executive Director may delegate to staff the duty to dismiss complaints.(d) A complaint alleging mortgage fraud or in which mortgage fraud is suspected:(1) may be investigated covertly; and(2) will be referred to the appropriate prosecutorial authorities.(e) Staff may request additional information necessary to determine how to proceed with the complaint from any person.(f) If the TALCB Division requires additional information from a Respondent during the preliminary investigative review, a copy of the Complaint Intake Form and all supporting documentation will be included in the request unless the complaint qualifies for covert investigation and the TALCB Division deems covert investigation appropriate. (g) The Board will:(1) protect the complainant's identity to the extent possible by excluding the complainant's identifying information from a complaint notice sent to a respondent.(2) periodically send written notice to the complainant and each respondent of the status of the complaint until final disposition. For purposes of this subsection, \"periodically\" means at least once every 90 days.(h) The Respondent must submit a response within 20 days of receiving a copy of the Complaint Intake Form. The 20-day period may be extended for good cause upon request in writing or by e-mail. The response must include the following:(1) A copy of the appraisal report(s), if any, that is (are) the subject of the complaint;(2) A copy of the documents or other business records associated with the appraisal report(s), incident(s), or conduct listed in the complaint, with the following signed statement attached to the response: I SWEAR AND AFFIRM THAT EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE COPY OF EACH AND EVERY BUSINESS RECORD ACCOMPANYING THIS RESPONSE IS A TRUE AND CORRECT COPY OF THE ACTUAL BUSINESS RECORD, AND NOTHING HAS BEEN ADDED TO OR REMOVED FROM THIS BUSINESS RECORD OR ALTERED. (SIGNATURE OF RESPONDENT);(3) A narrative response to the complaint, addressing each and every item in the complaint;(4) A list of any and all persons known to the Respondent to have actual knowledge of any of the matters made the subject of the complaint and, if in the Respondent's possession, contact information; (5) Any documentation that supports Respondent's position that was not in the original documentation, as long as it is conspicuously labeled as additional documentation and kept separate from the original documentation. The Respondent may also address other matters not raised in the complaint that the Respondent believes need explanation; and(6) a signed, dated and completed copy of any questionnaire sent by Board staff.(i) Staff will evaluate the complaint within three months of receipt of the response from Respondent to determine whether sufficient evidence of a potential violation of the AMC Act or Board rules exists to pursue investigation and possible formal disciplinary action. If staff determines there is no jurisdiction, no violation exists, or there is insufficient evidence to prove a violation, or the complaint warrants dismissal, including contingent dismissal, under subsection (m) of this section, the complaint will be dismissed with no further processing.(j) A formal complaint will be opened and investigated by a staff investigator or investigative committee if:(1) the informal complaint is not dismissed under subsection (i) of this section; or(2) staff opens a formal complaint on its own motion.(k) Written notice that a formal complaint has been opened will be sent to the Complainant and Respondent.(l) The staff investigator or investigative committee assigned to investigate a formal complaint will prepare a report detailing all findings.(m) The Board may order a person regulated by the Board to refund the amount paid by a consumer to the person for a service regulated by the Board.(n) Payment of an administrative penalty must be submitted in a manner acceptable to the to the Board. Payment authorized to be submitted online may be subject to fees set by the Department of Information Resources that are in addition to the administrative penalty assessed by the Board.(o) Agreed resolutions of complaint matters pursuant to Texas Occupations Code §1104.2081 must be signed by:(1) The Board Chair or if the Board Chair is unavailable or must recuse him or herself, the Board Chair's designee, whom shall be (in priority order) the Board Vice Chair, the Board Secretary, or another Board member;(2) Respondent;(3) A representative of the TALCB Division; and(4) The Executive Director or his or her designee.", "sourceNote": "Source Note: The provisions of this §159.204 adopted\r\nto be effective November 3, 2011, 36 TexReg 7320; amended to be effective\r\nDecember 14, 2014, 39 TexReg 9668; amended to be effective September\r\n7, 2015, 40 TexReg 5789; amended to be effective June 9, 2019, 44\r\nTexReg 2712; amended to be effective December 8, 2019, 44 TexReg 7539;\r\namended to be effective November 25, 2021, 46 TexReg 7875; amended\r\nto be effective December 25, 2022, 47 TexReg 8272; amended to be effective\r\nDecember 3, 2023, 48 TexReg 6905; amended to be effective March 17,\r\n2025, 50 TexReg 1902." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225949", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "8", "label": "TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD" }, "chapter": { "number": "159", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT" }, "rule": { "number": "§159.205", "label": "Identity Theft" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223406", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this subchapter, \"identity theft\" means any of the following activities occurring in connection with the rendition of appraisal management services:(1) Unlawfully obtaining, possessing, transferring or using a license or license number issued by the Board; or(2) Unlawfully obtaining, possessing, transferring or using a person's electronic or handwritten signature.(b) A license holder shall implement and maintain reasonable procedures to protect and safeguard the license holder against identity theft.(c) A license holder must notify the Board if the license holder is the victim of identity theft within 90 days of discovering such theft. Effective notice may be provided by filing a complaint using a process acceptable to the Board.(d) The Board may invalidate a current license and issue a new one to a license holder the Board determines is a victim of identity theft. Any license holder seeking the invalidation of a current license and issuance of a new one must submit a request using a process acceptable to the Board for the invalidation of a current license and issuance of a new one. The basis for the request must be identity theft, and the requestor must submit credible evidence that the license holder is a victim of identity theft. Without limiting the type of evidence a license holder may submit to the Board to support a claim of identity theft, a court order issued in accordance with Texas Business and Commerce Code Chapter 521, Subchapter C, declaring the license holder is a victim of identity theft constitutes credible evidence. Any such court order must relate to identity theft as defined in this section.(e) Engaging in identity theft to perform unauthorized appraisal management services is a violation of this subchapter, which may result in disciplinary action under §159.201. In addition to any disciplinary action taken by the Board, persons engaging in identity theft may also be referred to the appropriate law enforcement agency for criminal prosecution.", "sourceNote": "Source Note: The provisions of this §159.205 adopted to\r\nbe effective December 10, 2017, 42 TexReg 6928; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5701." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223406", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "160", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§160.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223407", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms used in this Part shall have the following meaning:(1) Act--Tex. Occ. Code Ann. Title 3 Subtitle B, also known as the Medical Practice Act.(2) Board--Texas Medical Board(3) Licensee--A person to whom the board has issued a license, permit, certificate, approved registration, or similar form of permission to practice in the state of Texas as authorized by law.", "sourceNote": "Source Note: The provisions of this §160.1 adopted to be effective January 9, 2025, 50 TexReg 315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223407", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "160", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§160.2", "label": "Functions and Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223408", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board duties and functions include:(1) establishing standards for the practice of medicine;(2) regulating the practice of medicine through the licensure and discipline of physicians;(3) reviewing, modifying, proposing, and adopting rules, including those for advisory boards and advisory committees subject to the board oversight;(4) considering, reviewing, and approving policy and changes as necessary; and(5) acting as a resource concerning proposed legislation.(b) Individual Duties and Obligations. Board members are required to:(1) identify and disclose any conflicts of interest that may interfere with carrying out their duties and functions or that may impede their ability to be fair and impartial, and recuse from such matters;(2) comply with Chapter 152 of the Act;(3) maintain the highest levels of professional and ethical conduct;(4) refrain from making any statement that implies that the board member is speaking for the board unless the board has given the board member such authority; and(5) immediately disclose if they are subject to a non-disciplinary or disciplinary action by any health care facility or professional licensing entity.(c) Failure to comply with any of the requirements set forth in Chapter 152 of the Act or this section of the rules, will be reported to the office of the Governor.", "sourceNote": "Source Note: The provisions of this §160.2 adopted to be effective January 9, 2025, 50 TexReg 315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223408", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "160", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§160.3", "label": "Officers of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223409", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Officers other than the Board President are selected through a process beginning with nomination, including self-nomination, followed by an election. A simple majority vote of board members is required for election.(b) Duties of the President include:(1) presiding at board meetings;(2) reviewing the board agenda;(3) appearing in legislative matters;(4) appointing committee chairs and members, including advisory committees of the board;(5) conducting the annual performance review of the executive director; and(6) performing other duties pertaining to the office of President.(c) Duties of the Vice President include:(1) acting in the absence or incapacity of the President;(2) serving as President in the event of a vacancy; and(3) performing other duties as assigned by the board.(d) Duties of the Secretary-Treasurer include:(1) acting in the absence or incapacity of the President and Vice President;(2) serving as President in event of President and Vice President vacancies; and(3) performing other duties as assigned by the board.(e) In the event that all officers are absent or incapacitated, the board may elect another member to serve as interim President for the duration of the absence or incapacity.(f) The board shall hold an election to fill any vacant officer position.", "sourceNote": "Source Note: The provisions of this §160.3 adopted to be effective January 9, 2025, 50 TexReg 315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223409", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "160", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§160.4", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223410", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Board meetings are conducted:(1) in accordance with Chapter 551 of the Tex. Gov't. Code;(2) in general accordance with Robert's Rules of Order Newly Revised;(b) Special meetings maybe called by the President, by resolution of the board, or upon written request by five members of the board.(c) The board may only act upon a simple majority vote of its members present and voting. No proxy votes allowed.", "sourceNote": "Source Note: The provisions of this §160.4 adopted to be effective January 9, 2025, 50 TexReg 315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223410", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "160", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§160.5", "label": "Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223411", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) There are four standing committees of the board.(1) Executive Committee:(A) acts on urgent matters between board meetings as needed;(B) recommends, reviews and develops agency goals, objectives, rules, policies, procedure, legislative issues, and other matters brought to their attention;(C) delegates tasks to other committees; and(D) assists in preparation and presentation of information before the legislature as needed.(2) Finance Committee reviews and makes recommendations regarding finances and the budget.(3) Disciplinary Process Review Committee:(A) reviews and makes recommendations to resolve complaints, investigations, and cases, and to hear complainant appeals;(B) recommends, reviews, and develops improvements of the disciplinary process, rules, policies, and other related matters; and(C) receives reports on enforcement activities and statistical information.(4) Licensure Committee:(A) reviews applications and makes recommendations for licensure, certification, and permits of physicians, physicians in training, Acudetox Specialists, Surgical Assistants, Medical Perfusionists, Medical Physicists, and non-profit health organizations; and(B) recommends, reviews, and develops changes to the licensure process, rules, policies, and other related matters as necessary(b) The President, in consultation with the board, may appoint other committees as deemed necessary.", "sourceNote": "Source Note: The provisions of this §160.5 adopted to be effective January 9, 2025, 50 TexReg 315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223411", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "160", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§160.6", "label": "District Review Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223412", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of District Review Committees shall comply with Chapter 163 of the Act.(b) District Review Committee regions are designated as follows:(1) District 1 - Brazoria, Galveston, and Harris counties.(2) District 2 - Anderson, Angelina, Austin, Bowie, Brazos, Camp, Cass, Chambers, Cherokee, Collin, Cooke, Dallas, Delta, Denton, Ellis, Fannin, Franklin, Freestone, Grayson, Gregg, Grimes, Hardin, Harrison, Henderson, Hill, Hopkins, Houston, Hunt, Jasper, Jefferson, Kaufman, Lamar, Leon, Liberty, Limestone, Madison, Marion, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Rains, Red River, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Tyler, Trinity, Upshur, Van Zandt, Walker, Waller, and Wood counties.(3) District 3 - Andrews, Archer, Armstrong, Bailey, Baylor, Borden, Brewster, Briscoe, Brown, Callahan, Carson, Castro, Childress, Clay, Cochran, Coke, Coleman, Collingsworth, Comanche, Concho, Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Dawson, Deaf Smith, Dickens, Donley, Eastland, Ector, El Paso, Erath, Fisher, Floyd, Foard, Gaines, Garza, Glasscock, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Haskell, Hemphill, Hockley, Hood, Howard, Hudspeth, Hutchinson, Irion, Jack, Jeff Davis, Johnson, Jones, Kent, Kimble, King, Knox, Lamb, Lipscomb, Loving, Lubbock, Lynn, Martin, Mason, Menard, McCulloch, Midland, Mills, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palo Pinto, Parker, Parmer, Pecos, Potter, Presidio, Randall, Reagan, Reeves, Roberts, Runnels, San Saba, Schleicher, Scurry, Shackelford, Sherman, Somervell, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terrell, Terry, Throckmorton, Tom Green, Upton, Ward, Wheeler, Wichita, Wilbarger, Winkler, Wise, Yoakum, and Young counties.(4) District 4 - Aransas, Atascosa, Bandera, Bastrop, Bosque, Bee, Bell, Bexar, Blanco, Brooks, Burleson, Burnet, Caldwell, Calhoun, Cameron, Colorado, Comal, Coryell, DeWitt, Dimmit, Duval, Edwards, Falls, Fayette, Fort Bend, Frio, Gillespie, Goliad, Gonzales, Guadalupe, Hamilton, Hays, Hidalgo, Jackson, Jim Hogg, Jim Wells, Karnes, Kendall, Kenedy, Kerr, Kinney, Kleberg, Lampasas, La Salle, Lavaca, Lee, Live Oak, Llano, Matagorda, Maverick, McLennan, McMullen, Medina, Milam, Nueces, Real, Refugio, San Patricio, Starr, Travis, Uvalde, Val Verde, Victoria, Washington, Webb, Wharton, Willacy, Williamson, Wilson, Zapata, and Zavala counties.", "sourceNote": "Source Note: The provisions of this §160.6 adopted to be effective January 9, 2025, 50 TexReg 315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223412", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "160", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§160.7", "label": "Memorandum of Understanding with Texas Physician Health Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223413", "queryAsDate": "03/11/2026" }, "ruleBody": "By rule, the board and the Texas Physician Health Program (TXPHP) shall adopt a memorandum of understanding (MOU) in accordance with §167.012 of the Act.", "sourceNote": "Source Note: The provisions of this §160.7 adopted to be effective January 9, 2025, 50 TexReg 315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223413", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "160", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "RULEMAKING" }, "rule": { "number": "§160.10", "label": "Petition for Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As authorized by §2001.021(a) of the Texas Government Code, an interested person by petition to the board may request the adoption of a rule.(b) A person must submit a petition for adoption of rules in writing via mail or hand-delivery (addressed to the Executive Director or General Counsel of the board) or email (sent to rules.development@tmb.state.tx.us). (c) The petition shall contain the following information as applicable and except as may be waived by the board:(1) the name and contact information of the petitioning party and their interest in the adoption of the rule;(2) a statement of the legal authority and jurisdiction under which the petition is filed;(3) the exact language of the proposed rule requested to be adopted;(4) a statement and legal references regarding whether, to the petitioner's knowledge, the requested rule is in conflict with any existing rule, ruling, order or opinion of the board or any other rules or statutes; and(5) a statement of the purpose of the requested rule.(d) During the sixty (60) day period following receipt of the petition by the board, the board or one of its committees shall meet to consider the petition. Not less than ten (10) days prior to such meeting, the board shall notify the petitioning party in writing of the date, time, and place the petition shall be considered.(1) At this meeting, the petitioning party may be given an opportunity to present matters to the board or its committee, at the board's or committee's discretion.(2) If the request is considered by the full board, the board shall decide whether to deny the petition or to publish the requested rule in the Texas Register for comment. If the petition is denied, the board shall state its reasons for denial in writing to the petitioning party. Publication of the requested rule for comment shall constitute initiation of rulemaking for purposes of §2001.021(c)(2) of the Texas Government Code.(3) If the request is considered by a committee of the board, the committee shall decide whether to recommend to the full board at its next meeting to deny the petition or to publish the requested rule in the Texas Register for comment. A committee's recommendation to the full board to deny the petition or to publish the requested rule for comment shall constitute initiation of rulemaking for purposes of §2001.021(c)(2) of the Texas Government Code.(4) At the next board meeting following the committee's recommendation to deny the petition or to publish the requested rule for comment, the board shall consider the committee's recommendation. The board shall then decide whether to deny the petition or to publish the requested rule in the Texas Register for comment. If the board decides to deny the petition, the board shall state its reasons for denial in writing to the petitioning party.", "sourceNote": "Source Note: The provisions of this §160.10 adopted to be effective January 9, 2025, 50 TexReg 315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223414", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "160", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "RULEMAKING" }, "rule": { "number": "§160.11", "label": "Input in Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When engaged in rulemaking the board will ensure:(1) adequate stakeholder input through notice of proposed rules on the TMB website;(2) a comment form is provided, when needed, on the TMB website; and(3) compliance with the applicable provisions of the Texas Administrative Procedures Act.(b) For rules impacting other licensed occupations of advisory boards overseen by the board, the board will follow the process for rulemaking as set out in subsection (a) of this section and in:(1) applicable sections of the Texas Occupations Code for the specific regulated occupation; and(2) the Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §160.11 adopted to be effective January 9, 2025, 50 TexReg 315." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223415", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "A", "label": "PRE-LICENSURE CRIMINAL HISTORY EVALUATIONS" }, "rule": { "number": "§161.1", "label": "Pre-Licensure Criminal History Evaluation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223416", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §53.102 of the Texas Occupations Code, an individual may request a criminal history evaluation letter to determine potential ineligibility for a license based on the person's criminal history.(1) Requestors must submit a completed board form along with a $100 fee.(2) Additional documentation, including a set of fingerprints, may be required.(b) The board will notify the requestor of the determination.(c) An individual may still apply for licensure regardless of the criminal history evaluation determination.", "sourceNote": "Source Note: The provisions of this §161.1 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223416", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "B", "label": "GENERAL LICENSURE REQUIREMENTS" }, "rule": { "number": "§161.5", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223417", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Acceptable approved medical school--A medical school or college located in the United States or Canada that has been accredited by the Liaison Committee on Medical Education, the American Osteopathic Association Bureau of Professional Education, or the Committee on Accreditation of Canadian Medical Schools.(2) Approved graduate medical training program--A program that is approved by the board and is:(A) accepted for certification by a specialty board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists; or(B) accredited by one of the following:(i) the Accreditation Council for Graduate Medical Education, or its predecessor;(ii) the American Osteopathic Association;(iii) the Committee on Accreditation of Preregistration Physician Training Programs, Federation of Provincial Medical Licensing Authorities of Canada;(iv) the Royal College of Physicians and Surgeons of Canada;(v) the College of Family Physicians of Canada; or(C) a board-approved fellowship performed in Texas; or(D) a U.S. or Canadian graduate medical education training program, that subsequently received accreditation by the Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA) or Royal College of Physicians, and was accepted by a specialty board that is a member of the American Board of Medical Specialties, the Bureau of Osteopathic Specialists, or the Royal College of Physicians for board certification purposes.(3) Substantially equivalent medical school--A medical school or college that is accredited by an agency recognized by the World Federation of Medical Education (WFME) Recognition Programme, or that is recognized by the board.", "sourceNote": "Source Note: The provisions of this §161.5 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223417", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "B", "label": "GENERAL LICENSURE REQUIREMENTS" }, "rule": { "number": "§161.6", "label": "General Requirements for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223418", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a Texas medical license must meet the general eligibility requirements set forth in §155.003 of the Act.(b) All applicants must submit a completed application for licensure and all documents and information necessary to complete an applicant's request for licensure including, but not limited to:(1) the required fee of $817;(2) additional fees and surcharges as applicable;(3) Dean's Certification of Graduation form;(4) certified transcript of Examination Scores;(5) birth certificate or other similar proof of age;(6) graduate training verification;(7) Professional or Work History Evaluation forms demonstrating or relating to the practice of medicine for the preceding 5 years from the date of the application;(8) FBI/DPS Fingerprint Report;(9) documentation of alternate name or name change, if applicable;(10) medical school transcript, if requested;(11) specialty board certification, if applicable;(12) arrest records, if applicable;(13) malpractice records, if applicable;(14) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable;(15) military orders or DD214, if applicable;(16) evidence of passage of the Texas Jurisprudence examination with at least a score of 75; and(17) any other documentation deemed necessary to process an application.(c) Applications are valid for one year from the date of submission. The one-year period can be extended for the following reasons:(1) delay in processing application;(2) referral of the applicant to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(d) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.", "sourceNote": "Source Note: The provisions of this §161.6 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223418", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "B", "label": "GENERAL LICENSURE REQUIREMENTS" }, "rule": { "number": "§161.7", "label": "Examination Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224350", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants must take and pass examinations in accordance with §§155.051, 155.0511, and 155.054 of the Act.(b) Required Examinations:(1) United States Medical Licensing Examination (USMLE), or its successor, with a score of 75 or better, or a passing grade if applicable, on each step;(2) COMLEX-USA, or its successor, with a score of 75 or better, or a passing grade if applicable, on each step;(3) Federation Licensing Examination (FLEX), on or after July 1, 1985, passage of both components with a score of 75 or better on each component;(4) Federation Licensing Examination (FLEX), before July 1, 1985, with a FLEX weighted average of 75 or better in one sitting;(5) National Board of Medical Examiners Examination (NBME) or its successor;(6) National Board of Osteopathic Medical Examiners Examination (NBOME) or its successor;(7) Medical Council of Canada Examination (LMCC) or its successor; or(8) state board licensing examination.(c) The following examination combinations are acceptable with a score of 75 or better on each part, level, component, or step:(1) FLEX I plus USMLE 3;(2) USMLE 1 and USMLE 2, plus FLEX II;(3) NBME I or USMLE 1, plus NBME II or USMLE 2, plus NBME III or USMLE 3;(4) NBME I or USMLE 1, plus NBME II or USMLE 2, plus FLEX II;(5) The NBOME Part I or COMLEX Level I, plus NBOME Part II or COMLEX Level II, plus NBOME Part III or COMLEX Level III; or(6) other examination combination acceptable to the board.(d) Examination Attempt Limits and Time Limits. Each part of an examination must be passed in accordance with §§155.051 and 155.056 of the Act, unless the applicant meets an exception described in §155.0561 of the Act.(e) An applicant must pass each part of an examination or examination combination listed in subsections (b) and (c) of this section within three attempts.", "sourceNote": "Source Note: The provisions of this §161.7 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224350", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "B", "label": "GENERAL LICENSURE REQUIREMENTS" }, "rule": { "number": "§161.8", "label": "Evaluation of Professional or Work History" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223419", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants must submit professional or work history evaluations demonstrating or relating to the clinical practice as a physician in the preceding five years from the date of application. (b) The last three years of the applicant's five year professional or work history will be examined. The Executive Director may offer to an applicant that cannot demonstrate current clinical practice as a physician within the last three years from the date of application such remedial measures necessary to ensure protection of the public and minimal competency of the applicant to safely practice.", "sourceNote": "Source Note: The provisions of this §161.8 adopted to be\r\neffective March 8, 2025, 50 TexReg 1681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223419", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "C", "label": "U.S. AND CANADIAN MEDICAL GRADUATES" }, "rule": { "number": "§161.10", "label": "Specific Requirements for U.S. and Canadian Medical School Graduates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223420", "queryAsDate": "03/11/2026" }, "ruleBody": "All U.S. and Canadian medical school graduates must meet the requirements set forth in §155.003 of the Act.", "sourceNote": "Source Note: The provisions of this §161.10 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223420", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "D", "label": "FOREIGN MEDICAL GRADUATES" }, "rule": { "number": "§161.15", "label": "Specific Requirements for Foreign Medical Graduates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223421", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Foreign Medical Graduates from substantially equivalent medical schools must provide:(1) an Educational Commission for Foreign Medical Graduates (ECFMG) status report; and(2) proof of one of the following:(A) successful completion of two years of approved medical graduate training that is progressive in nature; or(B) board certification from a member board of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists.(b) Alternative approved training may be demonstrated by practicing within the teaching confines of the applying institution under a Faculty Temporary License. Each year in a teaching faculty position under a Faculty Temporary License shall be considered the equivalent of one year of approved postgraduate training.", "sourceNote": "Source Note: The provisions of this §161.15 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223421", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "D", "label": "FOREIGN MEDICAL GRADUATES" }, "rule": { "number": "§161.16", "label": "Foreign Medical Graduates of a Medical School That Is Not Substantially Equivalent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223422", "queryAsDate": "03/11/2026" }, "ruleBody": "Foreign Medical Graduates of a medical school that is not substantially equivalent must provide:(1) an Educational Commission for Foreign Medical Graduate (ECFMG) status report; and(2) proof of one of the following:(A) completion of at least two years of an approved medical graduate training program that is progressive in nature, along with an International Credential Evaluation from the Foreign Credential Service of America (FCSA) determining the foreign medical education program is equivalent to a U.S. medical education;(B) successful completion of an approved medical graduate training program;(C) board eligibility or certification by the American Board of Medical Specialties or the Bureau of Osteopathic Specialists; or(D) practice under an unrestricted full license issued in the U.S. for at least five years, without any disciplinary action in any state.", "sourceNote": "Source Note: The provisions of this §161.16 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223422", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "D", "label": "FOREIGN MEDICAL GRADUATES" }, "rule": { "number": "§161.17", "label": "Other Foreign Medical Graduates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223423", "queryAsDate": "03/11/2026" }, "ruleBody": "Foreign Medical Graduates of a medical school that is not substantially equivalent and do not meet the criteria set forth in §161.15 and §161.16 of this chapter must demonstrate substantial equivalence through alternate means as set by the board.", "sourceNote": "Source Note: The provisions of this §161.17 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223423", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "E", "label": "LICENSURE FOR MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES" }, "rule": { "number": "§161.20", "label": "Alternative License Procedures for Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223424", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Chapter 55 of the Texas Occupations Code, military service members, veterans, and spouses must:(1) meet the general requirements for licensure as set forth in §161.6 of this chapter; and(2) submit a completed application on the board-approved form and all additional documentation as required, with the exception of application fee.", "sourceNote": "Source Note: The provisions of this §161.20 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223424", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "F", "label": "APPLICATION PROCEDURE" }, "rule": { "number": "§161.25", "label": "Procedural Rules for Licensure Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223425", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be processed in accordance with §155.007 of the Act.(b) The Executive Director may offer to an applicant a recommendation considered appropriate by the board.(c) Applicants seeking reinstatement or reissuance of a license will be reviewed and processed in accordance with §§164.151 through 164.153 of the Act.", "sourceNote": "Source Note: The provisions of this §161.25 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223425", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "G", "label": "REGISTRATION OF LICENSE" }, "rule": { "number": "§161.30", "label": "Registration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223426", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Chapter 156 of the Act, a physician license must be registered with the board and renewed every two years after it is issued.(b) A renewal notice will be sent to the physician's address of record at least 60 days prior to the expiration date of the registration.(c) The physician must:(1) complete the renewal form;(2) pay the renewal fee and any additional fees, as applicable:(A) initial biennial permit - $456.00;(B) subsequent biennial permit - $452.00;(3) verify and update their physician profile; and(4) provide any other relevant information requested.", "sourceNote": "Source Note: The provisions of this §161.30 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223426", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "G", "label": "REGISTRATION OF LICENSE" }, "rule": { "number": "§161.31", "label": "Exceptions From Certain Renewal Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223427", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Texas-licensed military service members are allowed two additional years to complete biennial continuing medical education requirements.(b) Officially Retired Physicians are exempt from renewal registration fees and continuing medical education requirements upon the filing of a board-approved form certifying that they:(1) have ceased practicing medicine in Texas; and(2) are not under investigation or current board order.(c) Voluntary Charity Care Physicians are exempt from the biennial registration fee upon the filing of a board-approved form certifying that they:(1) provide medical care only:(A) to indigent populations;(B) in medically underserved areas; or(C) for a disaster relief organization;(2) do not provide any medical services to family members: and(3) receive no compensation for services rendered, with the exception of payment or reimbursement of reasonably necessary travel and related expenses.", "sourceNote": "Source Note: The provisions of this §161.31 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223427", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "H", "label": "CONTINUING MEDICAL EDUCATION REQUIREMENTS FOR LICENSE RENEWAL" }, "rule": { "number": "§161.35", "label": "Continuing Medical Education (CME) Requirements for License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223428", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Forty-eight total CME credits are required, biennially, as follows:(1) Minimum of 24 formal credits of AMA/PRA Category 1 designated by:(A) the Accreditation Council for Continuing Medical Education;(B) a state medical society recognized by the Committee for Review and Recognition of the Accreditation Council for Continuing Medical Education;(C) the American Academy of Family Physicians;(D) the AOA Category 1-A;(E) the Texas Medical Association;(F) the board, but only as it applies to medical ethics and/or professional responsibility; or(G) a board-appointed physician performing a competency evaluation or practice monitoring of another physician, which may receive one (1) formal CME credit for each hour of time spent on these duties up to 12 hours.(2) As part of the 24 formal credits, the following are required:(A) a human trafficking prevention course, in accordance with §156.060 of the Act;(B) two credits in the topic of medical ethics and/or professional responsibility; and(C) two credits in accordance with §156.055 of the Act.(3) Informal CME credits may include:(A) informal self-study; or(B) attendance at hospital lectures, grand rounds, or case conferences.(b) Alternate proof of CME compliance is presumed if the physician:(1) meets the criteria set forth in §156.052 of the Act;(2) is currently in a residency/fellowship training; or(3) completed residency/fellowship training within six months prior to obtaining licensure.(c) CME Deficiencies and Carry Forward Procedures:(1) Any CME deficiency can be remedied within 30 days after registration renewal due.(2) A maximum of 48 total excess credits may be carried forward only to the next registration period; and(3) Required formal credits described in subsection (a)(2) of this section cannot be carried forward.(d) In accordance with §156.053 of the Act, exemptions from CME may be allowed upon a written request at least 30 days before renewal is due.(e) Voluntary Charity Care CME requirements are reduced to twelve informal CME credits per biennium.(f) In accordance with §323.0045 of the Health and Safety Code, recognized forensic examination CME must be:(1) a formal category 1 course; or(2) approved or recognized by the Texas Board of Nursing.", "sourceNote": "Source Note: The provisions of this §161.35 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223428", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "I", "label": "FULL MEDICAL LICENSE" }, "rule": { "number": "§161.40", "label": "Medical License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223429", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §§155.001 and 151.056 of the Act, all physicians must hold a full Texas medical license to practice in Texas, including physicians practicing telemedicine.(b) Subsection (a) of this section does not apply to the following:(1) physicians who meet the exceptions set forth in §151.056(b) of the Act;(2) physicians who are exempt pursuant to §151.0521 of the Act; and(3) physicians who hold a temporary or limited license issued under Chapter 155 of the Act.", "sourceNote": "Source Note: The provisions of this §161.40 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223429", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "J", "label": "LIMITED LICENSES" }, "rule": { "number": "§161.45", "label": "Conceded Eminence License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223430", "queryAsDate": "03/11/2026" }, "ruleBody": "All applicants for a conceded eminence license must meet the requirements of §155.006 of the Act, and submit:(1) a completed board-required application form;(2) the required fee of $817.00;(3) additional fees and surcharges as applicable; and(4) the following documentation:(A) proof of conceded eminence and authority in the applicant's specialty including, but not limited to:(i) a high level of academic or professional recognition, domestically or internationally, for excellence in research, teaching, or the practice of medicine within the applicant's specialty;(ii) professional honors, awards, and recognition in the international or domestic medical community for achievements, contributions, or advancements in the field of medicine, or medical research publications in recognized scientific, medical, or medical research journals;(iii) acknowledgement of expertise from recognized U.S. authorities in the applicant's field of medical specialty; and(iv) other meritorious considerations.(B) letters of recommendation from five renowned specialists including three Texas-licensed physicians who practice in the same specialty;(C) proof of successful completion of an acceptable licensing examination as set forth in §161.7 of this chapter;(D) evidence of the practice of medicine for at least 10 years, 5 years of which occurred immediately preceding the date of application; and(E) an acceptable disciplinary and criminal history.", "sourceNote": "Source Note: The provisions of this §161.45 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223430", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "J", "label": "LIMITED LICENSES" }, "rule": { "number": "§161.46", "label": "Administrative Medicine License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for an administrative medicine license must meet the requirements of §155.009 of the Act, and must:(1) meet the general requirements set forth in §161.6 of this chapter;(2) submit a completed application on the board-approved form;(3) pay the required fee of $817.00 and any additional fees and surcharges, as applicable; and(4) submit any additional documentation as requested.(b) An administrative medicine license:(1) is limited to administration or management that utilizes the medical and clinical knowledge, skill, and judgment of a licensed physician and is capable of affecting the health and safety of the public or any person; and(2) does not grant authority to do the following:(A) the practice of clinical medicine;(B) direct patient care, treatment, or diagnosis;(C) the prescribing of dangerous drugs or controlled substances; and(D) supervision and delegation.", "sourceNote": "Source Note: The provisions of this §161.46 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223431", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "J", "label": "LIMITED LICENSES" }, "rule": { "number": "§161.47", "label": "Military Volunteer License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227286", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a Military Volunteer License must meet the requirements of §155.103 of the Act, and must submit:(1) proof of active or retired military status; and(2) a completed board required application form.(b) A Military Volunteer License is valid for two years.", "sourceNote": "Source Note: The provisions of this §161.47 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227286", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "J", "label": "LIMITED LICENSES" }, "rule": { "number": "§161.48", "label": "Physician Graduates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a Physician Graduate License must meet the general eligibility requirements set forth in §155.203 of the Act and submit:(1) a completed board-required application form;(2) the required application fee;(3) additional fees and surcharges as applicable;(4) documentation of the following:(A) proof of residency in Texas; (B) proof of US citizenship, legal permanent residency in the US, or federal work authorization;(C) Dean's Certification of Graduation for US and Canadian medical graduates; (D) proof of ECFMG certification for international medical school graduates;(E) passage of the Texas Jurisprudence examination with at least a score of 75;(F) certified transcript of Examination Scores documenting passage within three attempts of the first and of the second components of an examination in accordance with §155.0511 of the Act;(G) attestation of no current enrollment in a board-approved postgraduate residency program; (H) documentation of prior enrollment in a board-approved postgraduate residency program, if applicable;(I) all disciplinary history related to any professional license, if applicable;(J) FBI/DPS Fingerprint Report;(K) alternate name or name change, if applicable;(L) medical school transcript, if requested;(M) arrest records, if applicable;(N) malpractice records, if applicable;(O) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable; and(P) any other documentation deemed necessary to process an application.(b) Applications are valid for one year from the date of submission. The one-year period can be extended for the following reasons:(1) delay in application processing;(2) referral of the applicant to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(c) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.(d) A sponsoring physician of a physician graduate must submit an attestation confirming they meet the criteria of §155.205 of the Act and submit a supervising practice agreement that documents:(1) the position offered to the physician graduate;(2) description of the medical services and specialty medical services to be provided by the physician graduate in accordance with §155.205(a)(4) of the Act;(3) physical address of the work location for the physician graduate and sponsoring physician;(4) description of the on-site supervision arrangement; and(5) the number of clinical hours to be practiced by the physician graduate.(e) A sponsoring physician may authorize a physician graduate to practice under the delegation and supervision of one other physician, in accordance with §155.206(c) of the Act. (f) A sponsoring physician is limited to sponsoring only two physician graduates. (g) A sponsoring physician is subject to all provisions of Chapter 157 of the Act; however, if any provision in Chapter 155, Subchapter E of the Act imposes stricter requirements, those shall prevail.(h) Physician graduate medical practice is subject to the limitations and required disclosures set forth in §155.207 of the Act, in addition to the following:(1) The physician graduate's practice is limited to the confines of the location documented in the supervising practice agreement submitted to the Board by the sponsoring physician; (2) A physician graduate may not have more than one supervising practice agreement; (3) A physician graduate is limited to no more than 60 clinical hours per week;(4) The sponsoring physician or other properly designated physician under §155.206 of the Act must be on-site at all times when the physician graduate is practicing;(5) The physician graduate license holder is not authorized to delegate to or supervise anyone; (6) The physician graduate is not authorized to order or prescribe a controlled substance listed as a schedule II;(7) Mandatory updates shall be reported to the Board by the physician graduate license holder and sponsoring physician within 10 days in accordance with §162.2 of this title (relating to Profile Updates), including, but not limited to, matching in an approved postgraduate training program;(8) The physician graduate must cease practice immediately in the event of the loss of employment and/or sponsoring physician, for any reason; (9) The physician graduate has 60 days to obtain a new position and a new sponsoring physician and shall not practice until a new sponsoring physician is obtained and approved by the Board; (10) At the end of the 60-day period, if the physician graduate does not have employment and a sponsoring physician, the physician graduate license shall be automatically terminated; and(11) If a physician graduate license is terminated, the physician graduate must submit a new application and meet all eligibility requirements set forth in this subchapter.(i) Registration and Renewal of Physician Graduate License (1) Within 90 days of a license being initially issued, it must be registered by:(A) completing a board registration form;(B) submitting the initial registration fee of $541, and additional fees and surcharges, as applicable;(C) providing requested information related to their online verification; and(D) providing other relevant information requested by the board staff.(2) Subsequent renewal is biennially by:(A) completing a board renewal form;(B) submitting payment of a biennial renewal fee of $537, and additional fees and surcharges, as applicable;(C) verifying and updating information related to their online verification;(D) completing biennial continuing medical education (CME) required under Chapter 156 of the Act and Chapter 161, Subchapter H of this title (relating to Continuing Medical Education Requirements for License Renewal); (E) documentation of meeting all qualifications under §155.203 of the Act; (F) submission of renewal attestation form completed by the sponsoring physician; (G) if there is a new sponsoring physician designated the renewal will not be granted until the qualification of the new sponsoring physician and a new supervising practice agreement is filed and verified by Board staff; and(H) providing other relevant information requested by board staff.(3) Failure to renew before a license's expiration date will result in increased charges as follows:(A) 1-90 days late--renewal fee plus one half of the renewal fee; and(B) 91 days-1 year late--double the renewal fee.(4) Failure to renew within one year after the expiration date of the license will result in cancellation of the license.(j) A physician graduate license holder is subject to board rules, including rules regarding complaints, investigations, and disciplinary sanctions and procedures of the board.", "sourceNote": "Source Note: The provisions of this §161.48 adopted to be\r\neffective January 8, 2026, 51 TexReg 141." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223432", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "K", "label": "TEMPORARY LICENSES" }, "rule": { "number": "§161.50", "label": "Regular Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223433", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §155.104 (a) of the Act, temporary licenses may be issued to applicants approved for full licensure pending final board approval.", "sourceNote": "Source Note: The provisions of this §161.50 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223433", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "K", "label": "TEMPORARY LICENSES" }, "rule": { "number": "§161.51", "label": "Faculty Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223434", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a Faculty Temporary License must meet the requirements of §§155.104(b) and (c) of the Act, as applicable, and must submit:(1) a completed board-required application form at least 45 days prior to the effective date of the appointment of the physician, in accordance with §155.104(h) of the Act;(2) the required fee of $552.00;(3) any additional fees and surcharges, as applicable; and(4) documentation of:(A) an acceptable disciplinary and criminal history; and(B) required statements and affidavits from the applying institution, in accordance with §§155.104(d) and (e) of the Act.(b) A Faculty Temporary License is valid for one year.(c) Each year practicing under a Faculty Temporary License may be treated as equivalent to one year of approved postgraduate training for purposes of license eligibility.", "sourceNote": "Source Note: The provisions of this §161.51 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223434", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "K", "label": "TEMPORARY LICENSES" }, "rule": { "number": "§161.52", "label": "Visiting Physician Temporary Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227287", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §155.104(a) of the Act, the Executive Director may issue a Visiting Physician Temporary Permit (VPTP) for the following:(1) educational purposes, including short-term medical faculty teaching positions not to exceed 6 months;(2) to practice charity care for underserved populations in Texas;(3) in cases of declared emergency disasters;(4) for the provision of forensic psychiatric examinations related to criminal matters; or(5) for the provision of specialized medical care for which the applying physician has demonstrated good cause for the issuance of the permit.(b) A VPTP cannot be used for training in a postgraduate medical training program or fellowship.(c) Applicants for a VPTP must submit:(1) a completed board-required application form at least 30 days prior to the effective date of the appointment of the physician;(2) documentation of:(A) a current and unrestricted medical license in another state, territory, Canadian province, or country;(B) an acceptable disciplinary and criminal history, and no current or pending complaints, investigations, or disciplinary actions; and(C) supervision by a physician who has:(i) a current and unrestricted medical license in Texas; and(ii) an acceptable disciplinary and criminal history, and no current or pending complaints, investigations, or disciplinary actions in any jurisdiction.(d) Texas supervising physicians must provide written verification:(1) agreeing to supervise the applicant; and(2) listing the specified location and purpose requiring the VPTP.(e) A VPTP is valid for ten working days, unless otherwise approved by the Executive Director, except as provided in subsection (a)(1) of this section.(f) A VPTP necessary to participate in the Texas A&M KSTAR program will be issued for the length of the program upon receipt of written verification from the KSTAR program of acceptance into the program and the dates of the program.", "sourceNote": "Source Note: The provisions of this §161.52 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227287", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "K", "label": "TEMPORARY LICENSES" }, "rule": { "number": "§161.53", "label": "Provisional License to Foreign Medical License Holders with Offers of Employment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223435", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for an Initial Provisional License must:(1) meet the general eligibility requirements set forth in §155.1015(a) - (d) of the Act;(2) declare the area of medical specialty in which they will practice; and(3) meet the criteria under subsection (b)(5) of this section.(b) All applicants must submit a completed application for licensure and all documents and information necessary to complete an applicant's request for licensure including, but not limited to:(1) the required application fee;(2) additional fees and surcharges, as applicable;(3) proof of ECFMG certification;(4) licensure verification form from the licensing body of the other country as required by §155.1015(a)(2) of the Act;(5) proof of completion of a residency or a substantially similar postgraduate medical training required by applicant's country of licensure that is in the same specialty as the area of medicine the applicant will practice in while under the Provisional License; and:(A) is recognized as substantially similar by the board; or(B) completion of a comprehensive competency evaluation administered by a board-approved assessment program, with a favorable recommendation regarding competency and proficiency in the area of specialty practice in which they will practice;(6) passage of the Texas Jurisprudence examination with at least a score of 75;(7) copy of federal work authorization;(8) copy of offer of employment to practice only in:(A) a facility-based or group practice setting as set forth in §155.1015(d) of the Act; and:(B) the specialty that applicant declared in the application; (9) certified transcript of Examination Scores documenting passage of USMLE Step 1 within three attempts and USMLE Step 2 within three attempts;(10) FBI/DPS Fingerprint Report;(11) documentation of alternate name or name change, if applicable; and(12) medical school transcript, if requested;(13) specialty board certification, if applicable;(14) arrest records, if applicable;(15) malpractice records, if applicable;(16) all disciplinary history related to any professional license, if applicable;(17) copies of all comprehensive competency evaluations administered by a board-approved assessment program demonstrating competency and proficiency in the area of specialty practice in which they will practice, if applicable;(18) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable;(19) Professional or Work History Evaluation forms demonstrating or relating to the practice of medicine in the area of the declared specialty for the preceding two years from the date of the application as a physician; and(20) any other documentation deemed necessary to process an application.(c) Any document received from a direct third-party or primary source that is in a language other than the English language must:(1) have a certified translation prepared;(2) be translated by a translation agency that is a member of the American Translations Association or a United States college or university official;(3) be verified by the translator as a \"true word for word\" translation; and(4) be included with the copy of the translation.(d) Initial Provisional License Standards:(1) The initial provisional license is valid for two years.(2) Practice is limited as set forth in §155.1015(d) of the Act.(3) The initial provisional license holder is not authorized to delegate or supervise.(4) Mandatory updates shall be reported to the Board by the initial provisional license holder and employer within 10 days in accordance with §162.2(b) of this title (relating to Profile Updates), including, but not limited to, any change in status of the provisional holder's license in another country on which the provisional license was granted.(5) If employment is terminated for any reason the license is placed in a suspended status and, the provisional license holder must;(A) cease practice immediately;(B) notify the Board in writing within five (5) business days of termination;(C) obtain a new position by a qualified employer within 60 days; and(D) submit to and obtain approval from the Board of the qualified employer.(6) Failure to report, to the Board, within five (5) business days termination eliminates the 60-day period to find new employment and the provisional license is automatically canceled effective on the date of termination.(7) The two-year duration of the initial provisional license will be tolled while the provisional license holder attempts to obtain qualified employment. The two-year duration will be extended for the number of days equal to the number of days between ending and beginning qualified employment. Any extension of the initial provisional license's two-year duration is not to exceed a maximum of 60 days. If the provisional license holder is unable to obtain qualified employment within 60 days, or the total extensions during the initial provisional license period exceeds 60 days, then the initial provisional license is terminated.(8) In the event of termination of the provisional license holder's employment, the employer's medical director, chief medical officer, lead physician, or supervising physician shall ensure written notice to the Board within five (5) business days of the termination.(9) If a provisional license holder does not fully complete their initial provisional license period, for any reason, they will receive no credit for prior initial provisional practice time and:(A) may reapply for a second initial provisional license; and(B) may be required to appear before the licensure committee of the Board;(10) An applicant is limited to a maximum of two initial provisional licenses;(11) A Provisional License Holder is limited to practicing in the area of medical specialty declared in the Provisional License Holder's approved application.(12) The provisional license holder must comply with the Continuing Medical Education (CME) requirements set out in Subchapter H, §161.35 of this title (relating to Continuing Medical Education (CME) Requirements for License Renewal). The applicant must create and utilize an account with the Board approved CME tracker for tracking and meeting the CME requirements.(e) All applicants for a Second Provisional License must meet the general eligibility requirements set forth in §155.1015(e) and (f) of the Act and must submit a completed application for licensure and all documents and information necessary to complete an applicant's request for licensure including, but not limited to:(1) completion of a two-year period during an initial provisional license;(2) the required application fee;(3) additional fees and surcharges as applicable;(4) all disciplinary history related to any professional license, if applicable;(5) Professional or Work History Evaluation form from first provisional employers;(6) copy of employment offer that meets the criteria set forth in §155.1015(f) of the Act;(7) successful remediation of deficiencies identified in the comprehensive competency assessment evaluation completed for issuance of the initial provisional license, if applicable;(8) any other documentation deemed necessary to process an application; and(9) If a pathway to board specialization exists for a Provisional License Holder from an organization recognized by the Board through §164.4 of this title (relating to Advertising Board Certification), the certification granting organization must submit a letter, on behalf of the provisional license holder, of satisfactory progress towards board specialization eligibility.(f) Second Provisional License Standards:(1) The second provisional license is valid for two years.(2) Practice is limited as set forth in §155.1015(f) of the Act.(3) The second provisional license holder may delegate or supervise.(4) Mandatory updates shall be reported to the Board by the second provisional license holder and employer within 10 days in accordance with §162.2 of this title, including, but not limited to, any change in status of the provisional holder's license in another country on which the provisional license was granted.(5) If employment is terminated for any reason, the provisional license holder must;(A) cease practice immediately;(B) the license is suspended automatically;(C) notify the Board in writing within five (5) business days of termination;(D) obtain a new position by a qualified employer within 60 days; and(E) submit to and obtain the approval of the Board proof of qualified employer.(6) Failure to make the report within five (5) business days of termination eliminates the 60-day period to find new employment and the provisional license is automatically canceled effective on the date of termination.(7) The two-year duration of the second provisional license will be tolled while the provisional license holder attempts to obtain qualified employment. The two-year duration will be extended for the number of days equal to the number of days between ending and beginning qualified employment. Any extension of the second provisional license's two-year duration is not to exceed a maximum of 60 days. If the provisional license holder is unable to obtain qualified employment within 60 days, or the total extensions during the second provisional license period exceeds 60 days, then the second provisional license is terminated.(8) In the event of termination of the provisional license holder's employment, the employer's medical director, chief medical officer, lead physician, or supervising physician shall ensure written notice to the Board within five (5) business days of the termination.(9) If a provisional license holder does not fully complete their second provisional license period, for any reason, they will receive no credit for prior second provisional practice time and;(A) may reapply for a second initial provisional license; and(B) may be required to appear before the licensure committee of the board;(10) An applicant is limited to a maximum of two second provisional licenses.(11) A Provisional License Holder is limited to practicing in the area of medical specialty declared in the Provisional License Holder's approved application.(12) the provisional license holder must comply with the Continuing Medical Education (CME) requirements set out in Subchapter H, §161.35 of this title. The applicant must create and utilize an account with the Board approved CME tracker for tracking and meeting the CME requirements.(g) All applicants for a Full License must meet the general eligibility requirements set forth in §155.1015(g) and (h) of the Act and must submit a completed application for licensure and all documents and information necessary to complete an applicant's request for licensure including, but not limited to:(1) certified transcript of Examination Scores documenting passage of each part of USMLE within three attempts and within seven years;(2) proof of completion of an Initial Provisional and Second Provisional for the requisite time periods as set forth in subsections (d) and (f) within a period of six years, in total, calculated from the first day of an Initial Provisional license to the last day of a Second Provisional license;(3) If a pathway to board specialization exists for a Provisional License Holder from an organization recognized by the Board through §164.4 of this title, the certification granting organization must submit a letter, on behalf of the provisional license holder, of satisfactory progress towards board specialization eligibility; (4) Professional or Work History Evaluation form from second provisional employers; and(5) any other documentation deemed necessary to process an application.(h) Applications are valid for one year from the date of submission. The one-year period can be extended for the following reasons:(1) delay in processing application;(2) referral of the applicant to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(i) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.(j) A Provisional License holder is subject to board rules, including rules regarding complaints, investigations, and disciplinary procedures and sanctions of the board.(k) The Executive Director may approve reasonable deviations from the required provisional licensee timelines due to extenuating circumstances. The provisional licensee may appeal the Executive Director's decision to the Licensure Committee.", "sourceNote": "Source Note: The provisions of this §161.53 adopted to be\r\neffective January 8, 2026, 51 TexReg 141." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223435", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "L", "label": "PHYSICIAN-IN-TRAINING PERMITS" }, "rule": { "number": "§161.55", "label": "Physician-in-Training Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223436", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §155.105 of the Act, the Executive Director or board may issue a Physician-in-Training (PIT) permit.(b) A PIT permit may be issued only after receipt of certification from an approved graduate medical training program that:(1) the program is an approved program;(2) the applicant has been accepted into the program; and(3) the applicant is graduating from medical school prior to the start of the training program.(c) Applicants for a PIT permit must submit:(1) a board-required application form;(2) the required fee of $200.00;(3) additional fees and surcharges as applicable; and(4) documentation of the following:(A) all US or Canadian approved graduate medical training programs attended;(B) documentation of alternate name or name change, if applicable;(C) arrest records, if applicable;(D) malpractice records, if applicable;(E) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable; and(F) other documentation deemed necessary to process an application.(d) PIT permit applications should be submitted at least 60 days prior to the start of the training program and no more than 120 days before training begins.(e) A PIT permit is valid for participation for the length of the accredited or board approved graduate medical training program.(f) PIT permits expire upon any of the following, whichever occurs first:(1) the end date of the approved graduate medical training program;(2) the permit holder's termination or release from the approved graduate medical training program; or(3) on the date a full, limited, or temporary physician license is issued.(g) PIT permit holders are limited to the practice of medicine within the training program for which it was approved.(h) A PIT permit holder is restricted to the supervised practice of medicine that is part of and approved by the training program and does not allow for the practice of medicine outside of the approved program.(i) A transfer to a new approved graduate medical training program requires the applicant to submit a new PIT permit application, required documentation, and the following fees, as applicable:(1) $141.00, if transferring to a program not within same institution; and(2) $200.00, if transfer application is made after current PIT permit is expired.(j) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.", "sourceNote": "Source Note: The provisions of this §161.55 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223436", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "L", "label": "PHYSICIAN-IN-TRAINING PERMITS" }, "rule": { "number": "§161.56", "label": "Rotator PIT Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223437", "queryAsDate": "03/11/2026" }, "ruleBody": "Out-of-state or military PIT applicants completing a rotation in Texas of less than 60 consecutive days as part of an approved graduate medical training program must:(1) submit an application and required documentation described in §161.55 of this title;(2) pay a required fee of $131.00; and(3) have the Texas Licensed physician supervising the Texas rotations submit certification of the following:(A) the facility at which the rotation will be completed;(B) the dates the rotations will be completed in Texas; and(C) that the Texas on-site preceptor physician will supervise and be responsible for the applicant during the rotations.", "sourceNote": "Source Note: The provisions of this §161.56 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223437", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "L", "label": "PHYSICIAN-IN-TRAINING PERMITS" }, "rule": { "number": "§161.57", "label": "Duties of Permit Holders to Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223438", "queryAsDate": "03/11/2026" }, "ruleBody": "PIT permit holders must report the following to the board within 30 days:(1) an investigation or disciplinary action by any licensing entity other than the board;(2) an arrest (excluding traffic tickets, unless drugs or alcohol were involved);(3) any criminal charge or conviction, including disposition;(4) any indictment;(5) imprisonment; and(6) any diagnosis or treatment of a physical, mental, or emotional condition which has impaired or impairs the ability to practice medicine.", "sourceNote": "Source Note: The provisions of this §161.57 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223438", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "L", "label": "PHYSICIAN-IN-TRAINING PERMITS" }, "rule": { "number": "§161.58", "label": "Duties of Program Directors to Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223439", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §§160.002 and 160.003 of the Act, Program Directors must report the following to the board within 30 days:(1) a PIT permit holder who did not begin the training program for any reason, including failure to graduate from medical school;(2) a PIT permit holder who is absent from the program for more than 21 consecutive days (excluding vacation, military, or family leave not related to the participant's medical condition) and the reason(s) why;(3) a PIT permit holder who has been arrested;(4) a PIT permit holder who poses a continuing threat to the public welfare, as defined by §151.002(a)(2) of the Act;(5) any final action against a PIT permit holder that adversely affects the permit holder's status or privileges for a period longer than 30 days;(6) a PIT permit holder who is suspended from the program; or(7) a PIT permit holder who is released, terminated, withdraws, or resigns from the program.", "sourceNote": "Source Note: The provisions of this §161.58 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223439", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "M", "label": "FELLOWSHIP PROGRAM APPROVAL" }, "rule": { "number": "§161.65", "label": "Process for Board-Approval of Fellowships" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223440", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To obtain board approval of a fellowship, the institution, through its designated institutional official (DIO) and chair of the Graduate Medical Education Committee (GMEC), must submit:(1) a completed board application form;(2) required fee of $250.00; and(3) documentation demonstrating:(A) goals and objectives;(B) documented curriculum;(C) qualifications of the program director and program faculty including, but not limited to, current Texas medical license, certification by the appropriate specialty board, and/or appropriate educational qualifications;(D) candidate selection process including prerequisite requirements;(E) duties and responsibilities of the fellows in the program;(F) supervision of the fellows;(G) progressive nature of the training program;(H) evaluation of the fellows;(I) duration of the fellowship training program for fellows; and(J) other information as requested by the board.(b) The application must be submitted a minimum of 120 days prior to the beginning date of the program.(c) Renewals for fellowship approval must be submitted at least 120 days before the expiration of the approval.(d) The approval period of the fellowship program may not exceed five years.(e) If the program subsequently becomes approved by the ACGME, AOA, ABMS, or BOS, the program must notify the board within 30 days of approval, as fellowship programs may not be dually approved.(f) Changes to a board-approved program may require submission of a new application.", "sourceNote": "Source Note: The provisions of this §161.65 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223440", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "N", "label": "EMERGENCY PRACTICE AUTHORIZATION" }, "rule": { "number": "§161.70", "label": "Emergency Practice Authorization (EPA)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may waive requirements for licensure for the board and its advisory boards and committees and issue an Emergency Practice Authorization (EPA):(1) pursuant to a lawful emergency or disaster for which the Governor of the State of Texas has declared a state of emergency or state of disaster, in accordance with the Texas Government Code;(2) in the event of an occurrence for which a county or municipality has declared a state of emergency or state of disaster; or(3) to protect the public health, safety, or welfare of the citizens of Texas.(b) For the purposes of this subchapter, \"healthcare professional\" means an out-of-state individual that holds a valid and current license, permit, or certificate type that is issued by a state licensing board.", "sourceNote": "Source Note: The provisions of this §161.70 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223441", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "N", "label": "EMERGENCY PRACTICE AUTHORIZATION" }, "rule": { "number": "§161.71", "label": "Emergency Practice Authorization (EPA) Requirements and Procedures for Healthcare Professionals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223442", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Hospital-to-Hospital Practice Authorization: A healthcare professional may practice within the scope of their license, permit, or certificate at a Texas hospital upon demonstration of the following:(1) The healthcare professional:(A) holds a full, unlimited, and unrestricted license, certificate, or permit to practice in another U.S. state, territory, or district; and(B) has unrestricted hospital credentials and privileges in any U.S. state, territory, or district.(2) The licensed Texas hospital:(A) shall verify each healthcare professional's credentials and privileges;(B) shall keep a list of all healthcare professionals coming to practice at that facility;(C) must provide this list to the board within ten days of each healthcare professional starting practice at the facility; and(D) must provide the board a list of when each healthcare professional has stopped practicing in Texas under this section within ten days after each healthcare professional has stopped practicing under this section.(b) Non-Hospital Practice Authorization:(1) The sponsored healthcare professional must:(A) hold a full, unlimited, and unrestricted license, certificate, or permit to practice in another U.S. state, territory, or district;(B) have no disciplinary actions in any jurisdiction; and(C) be sponsored by a Texas-licensed physician.(2) The Texas-licensed sponsoring physician:(A) must hold a full unrestricted Texas medical license;(B) must provide a written statement describing how the sponsored healthcare professional will assist directly in response to the declared emergency or disaster; and(C) shall be considered the supervising physician for the sponsored healthcare professional.(3) The board may limit the sponsored healthcare professional's practice locale and scope of practice.", "sourceNote": "Source Note: The provisions of this §161.71 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223442", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "N", "label": "EMERGENCY PRACTICE AUTHORIZATION" }, "rule": { "number": "§161.72", "label": "Board Regulation of Emergency Practice Authorization (EPA)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223443", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall have jurisdiction over healthcare professionals practicing under this subchapter.(b) Each healthcare professional must comply with all applicable provisions of the Texas Occupations Code and all other applicable state and federal laws.(c) The board's jurisdiction over the healthcare professional and the care provided in Texas during the emergency continues even after the healthcare professional ceases practicing in Texas.(d) An EPA is valid for no more than thirty (30) days unless otherwise indicated by the continued emergency or disaster, as determined by the board.(e) Healthcare professionals practicing under this subchapter shall not receive any compensation outside of their usual compensation for the provision of healthcare services during a disaster or emergency.", "sourceNote": "Source Note: The provisions of this §161.72 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223443", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "161", "label": "PHYSICIAN LICENSURE" }, "subchapter": { "number": "N", "label": "EMERGENCY PRACTICE AUTHORIZATION" }, "rule": { "number": "§161.73", "label": "Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223444", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §164.007(c) of the Act, all board files, information, or investigative materials regarding healthcare professionals practicing under this chapter are confidential.", "sourceNote": "Source Note: The provisions of this §161.73 adopted to be effective January 9, 2025, 50 TexReg 319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223444", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "162", "label": "PHYSICIAN PROFILES" }, "rule": { "number": "§162.1", "label": "Profile Contents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223445", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the information required by §154.006(b) of the Act, a physician's public profile shall include:(1) full name as displayed on the physician license;(2) the original date of issuance of the physician's Texas medical license;(3) the expiration date of the physician's current registration permit;(4) a mailing address (street or P.O. Box address, city, state, and zip code), if the physician does not have a primary practice location;(5) primary and secondary areas of practice, as designated by the physician;(6) a description of a maximum of five awards, honors, publications or academic appointments submitted by the physician, each no longer than 120 characters; and(7) utilization review services for an insurance company other than utilization review in relation to worker's compensation claims.", "sourceNote": "Source Note: The provisions of this §162.1 adopted to be effective January 9, 2025, 50 TexReg 332." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223445", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "162", "label": "PHYSICIAN PROFILES" }, "rule": { "number": "§162.2", "label": "Profile Updates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223446", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon renewal, physician updates to the board must be completed as required by §§156.001(c) and (e) of the Act.(b) Mandatory Updates shall be reported by a physician within 10 business days of the event, including:(1) A description of any charges reported to the board to which the physician has pleaded no contest, for which the physician is the subject of deferred adjudication or pretrial diversion, or in which sufficient facts of guilt were found and the matter was continued by a court;(2) change of mailing or practice address;(3) incarceration in a state or federal penitentiary;(4) conviction described in §154.006(b)(9) of the Act;(5) any charges as described in §154.006(b)(10) of the Act;(6) An initial finding of guilt for a crime set forth in §164.057 of the Act;(7) any disciplinary action described in §§154.006(b)(12) and (13) of the Act;(8) any medical malpractice claim listed in §154.006(b)(16) of the Act; or(9) changes in the physician's American Board of Medical Specialties or the Bureau of Osteopathic Specialists specialty certification.(c) A physician may submit any other corrections as they occur.", "sourceNote": "Source Note: The provisions of this §162.2 adopted to be effective January 9, 2025, 50 TexReg 332." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223446", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "162", "label": "PHYSICIAN PROFILES" }, "rule": { "number": "§162.3", "label": "Profile Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223450", "queryAsDate": "03/11/2026" }, "ruleBody": "A physician may dispute public profile information by submitting a written description of the dispute and any supporting information to the General Counsel's office for review, consideration, and resolution of the dispute.", "sourceNote": "Source Note: The provisions of this §162.3 adopted to be effective January 9, 2025, 50 TexReg 332." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223450", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "163", "label": "MEDICAL RECORDS" }, "subchapter": { "number": "A", "label": "GENERAL DOCUMENTATION PROVISIONS" }, "rule": { "number": "§163.1", "label": "Medical Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223451", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The medical record must be a complete, contemporaneous, and legible documented account of each patient encounter by a physician or delegate.(b) To the extent applicable, a medical record must include, at a minimum:(1) a reason for the encounter, relevant history, physical examination findings (ensuring any pre-populated fields contain current and accurate patient information), and any diagnostic test results;(2) an assessment, clinical impression, and diagnosis;(3) a plan for care (including diagnostics, risk factors, consults, referrals, ancillary services, discharge plan if appropriate, patient/family education, disclosures, and follow-up instructions), treatments, and medications (including amount, frequency, number of refills, and dosage);(4) late entries, if any, that indicate the time and date entered, as well as the identity of the person who made the late entry;(5) summary or documentation of communications with the patient;(6) sufficient documentation of requests for records from other providers and any records received;(7) clear identification of any amendment or correction to the medical record, including the date it was amended or corrected and the identity of the author of the amendment or correction, with the original text remaining legible; and(8) documentation of a review of the patient's Texas Prescription Monitoring Program (PMP) prescribing history.", "sourceNote": "Source Note: The provisions of this §163.1 adopted to be effective January 9, 2025, 50 TexReg 333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223451", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "163", "label": "MEDICAL RECORDS" }, "subchapter": { "number": "A", "label": "GENERAL DOCUMENTATION PROVISIONS" }, "rule": { "number": "§163.2", "label": "Medical Record Retention" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223447", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Medical records must be retained by a physician or a physician's employer, including group practices, professional associations, and non-profit health organizations, consistent with this chapter.(b) Providers must maintain access to medical records for the duration of the required retention period.(c) Retention periods.(1) The standard retention period is at least seven years from the date of last treatment by the physician or longer if required by other federal or state law.(2) The retention period for a patient under 18 years old is until the patient reaches age 21 years old or seven years from the date of last treatment, whichever is longer.(d) Forensic medical examinations for sexual assault must be retained in accordance with §153.003 of the Act.", "sourceNote": "Source Note: The provisions of this §163.2 adopted to be effective January 9, 2025, 50 TexReg 333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223447", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "163", "label": "MEDICAL RECORDS" }, "subchapter": { "number": "A", "label": "GENERAL DOCUMENTATION PROVISIONS" }, "rule": { "number": "§163.3", "label": "Requests for Medical Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223448", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receipt of a request for medical records that complies with §159.005 of the Act, a physician must provide the information within 15 days of the request and in accordance with Chapter 159 of the Act.(b) Requests for diagnostic imaging, including static films, non-static films, and imaging studies, must specify whether a copy or the original of the study is sought.(c) Allowable charges for records:(1) paper records - the maximum fee may be $25.00 for the first twenty pages and $.50 per page thereafter(2) electronic records - the maximum fee may be $25.00 for 500 pages or less and $50.00 for more than 500 pages;(3) hybrid records (part paper and electronic) - the fee for each different format may be utilized, including diagnostic studies;(4) if an affidavit is requested for the records, the maximum fee may be $15.00;(5) if a narrative is provided in lieu of records, the maximum fee may be $20.00;(6) requests that all records be in paper format even though available as electronic records - the paper record fee may be charged; and(7) if records are mailed to the requestor - actual postage cost may be charged.(d) A provider cannot deny a request for medical records due to a delinquent account or amounts owed to the provider.(e) A provider cannot require a subpoena for the records if a proper request is made in accordance with §159.005 of the Act.(f) A denial of a request for records must be in accordance with §159.006(e) of the Act.", "sourceNote": "Source Note: The provisions of this §163.3 adopted to be effective January 9, 2025, 50 TexReg 333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223448", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "163", "label": "MEDICAL RECORDS" }, "subchapter": { "number": "A", "label": "GENERAL DOCUMENTATION PROVISIONS" }, "rule": { "number": "§163.4", "label": "Physician Responsibilities when Leaving a Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223449", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon retirement, termination of employment, or leaving a medical practice, a physician must provide patients reasonable notice to obtain copies of their records or arrange for the transfer of their medical records by:(1) letter or email to each patient seen in the last two years by the departing physician; and(2) posting a notice in a conspicuous location in the physician's/practice office and on the practice website at least 30 days prior to the termination, leaving, or sale or relocation of practice.(b) The notice must include:(1) the date of the termination, retirement, or departure;(2) instructions as to how patients may obtain or transfer their medical records;(3) the name and location of new practice, if any; and(4) the name of another licensed physician, practice, or custodian if ownership of records is changing.(c) If the physician's license is surrendered or revoked, the notice must be provided immediately in accordance with this section.(d) The following physicians are exempt from providing notice to patients:(1) a locum tenens physician at a practice location for less than six months;(2) a physician who only treated the patient in the following settings:(A) a hospital, as defined under §157.051(6) of the Act;(B) an emergency room;(C) a birthing center; or(D) an ambulatory surgery center; or(3) a physician who only provided the following service:(A) anesthesia;(B) radiology; or(C) pathology.(e) Responsibilities of Practice(1) A physician, physician group, or practice must provide a list of patients seen by the departing physician in the last two years for the purposes of providing notice to patients.(2) A departing physician's group or practice is not required to provide the requisite notice to patients.(3) If the departing physician's group or practice agrees to provide the requisite notices to patients, they must do so in accordance with this section.(4) No physician remaining at the group or practice may prevent or interfere with the departing physician's duties to provide notices described by this section.", "sourceNote": "Source Note: The provisions of this §163.4 adopted to be effective January 9, 2025, 50 TexReg 333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223449", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "163", "label": "MEDICAL RECORDS" }, "subchapter": { "number": "A", "label": "GENERAL DOCUMENTATION PROVISIONS" }, "rule": { "number": "§163.5", "label": "Appointment of Record Custodian of a Physician's Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223452", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §159.0061 of the Act, a custodian of records is as follows:(1) physician death - the administrator, executor of the estate, or other court appointed individual, unless part of a group practice or pre-existing appointments/instructions are in place;(2) physician mental or physical incapacity - individual with Power of Attorney, court appointed individual, or legally appointed representative of the physician;(3) other circumstances or abandonment of records - custodian is determined on a case-by-case basis.(b) A records custodian must:(1) maintain the confidentiality of the medical records;(2) within 30 days of appointment, provide notice of the custodianship of the records to the board and patients by:(A) posting visible notice in physician's/practice office, if accessible;(B) posting notice on a physician or practice website, if accessible; or(C) posting notice in a newspaper of greatest general circulation in county where physician practice was located.(3) retain the medical records in accordance with state and federal law for at least 90 days before destroying any records, including the 30-day notice period;(4) include the following information in the notice:(A) the name of custodian and contact information;(B) instructions as to how patients can obtain or request transfer of medical records to another provider;(C) all applicable fees to be charged for the records, in accordance with this chapter, including an additional $25.00 custodial fee as applicable; and(D) a statement that the records may be destroyed after 90 days and provide destruction date.", "sourceNote": "Source Note: The provisions of this §163.5 adopted to be effective January 9, 2025, 50 TexReg 333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223452", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "163", "label": "MEDICAL RECORDS" }, "subchapter": { "number": "B", "label": "ABORTION DOCUMENTATION" }, "rule": { "number": "§163.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223453", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings:(1) \"Abortion\" means the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant. The term does not include birth control devices or oral contraceptives. An act is not an abortion if the act is done with the intent to:(A) save the life or preserve the health of an unborn child;(B) remove a dead, unborn child whose death was caused by spontaneous abortion; or(C) remove an ectopic pregnancy. This definition is found at Chapter 245, §245.002(1) of the Texas Health and Safety Code.(2) \"Reasonable medical judgment\" means medical judgment made by a reasonably prudent physician, knowledgeable about a case and the treatment possibilities for the medical conditions involved. This definition is found at Chapter 170A, §170A.001(4) of the Texas Health and Safety Code.(3) \"Medical emergency\" means a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed. This definition is found at Chapter 171, §171.002(3) of the Texas Health and Safety Code.(4) \"Major bodily function\" includes but is not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. This definition is found at Chapter 21, §21.002(11-a) of the Texas Labor Code.", "sourceNote": "Source Note: The provisions of this §163.10 adopted to be effective January 9, 2025, 50 TexReg 333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223453", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "163", "label": "MEDICAL RECORDS" }, "subchapter": { "number": "B", "label": "ABORTION DOCUMENTATION" }, "rule": { "number": "§163.11", "label": "Required Form Regarding an Abortion on an Unemancipated Minor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223454", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §164.052(c) of the Act, a physician must obtain the consent for an abortion to be performed on an unemancipated minor using the following form:Attached Graphic", "sourceNote": "Source Note: The provisions of this §163.11 adopted to be effective January 9, 2025, 50 TexReg 333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223454", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "163", "label": "MEDICAL RECORDS" }, "subchapter": { "number": "B", "label": "ABORTION DOCUMENTATION" }, "rule": { "number": "§163.12", "label": "Abortion Ban Exception Performance and Documentation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223455", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An abortion shall not be performed in this state unless it is performed in compliance with all provisions of Texas Health and Safety Code, Chapters 170, 170A, and 171, in addition to any other applicable federal and state statutes, rules, and court opinions.(b) In addition to the requirements above, the physician must document in the patient's medical record:(1) that the abortion is performed in response to a medical emergency;(A) that places the woman in danger of death unless the abortion is performed or induced; or(B) to prevent a serious risk of substantial impairment of a major bodily function of the patient unless the abortion is performed or induced;(2) the major bodily function(s) at serious risk of substantial impairment;(3) what placed the woman in danger of death, or what was the serious risk of substantial impairment;(4) how the danger of death or serious risk was determined;(5) if applicable, the rationale on why the abortion was performed pursuant to §170A.002 (b)(3) of the Texas Health and Safety Code; and(6) if applicable, that the treatment was in response to an ectopic pregnancy at any location or a previable premature rupture of membranes, as those terms are used in §74.552 of the Texas Civil Practice and Remedies Code.(c) The above documentation must be made before and/or after performing the procedure, but the initial documentation must be made within 7 days of the procedure.(d) Imminence of the threat to life or impairment of a major bodily function is not required.", "sourceNote": "Source Note: The provisions of this §163.12 adopted to be effective January 9, 2025, 50 TexReg 333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223455", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "163", "label": "MEDICAL RECORDS" }, "subchapter": { "number": "B", "label": "ABORTION DOCUMENTATION" }, "rule": { "number": "§163.13", "label": "Complaints Regarding Abortions Performed" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223457", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Medical Board will review complaints and perform investigations regarding abortions using the Board's standard complaint process.(b) If a complaint is determined to be jurisdictional to the Board, the Board will use independent expert physicians, as provided in §154.0561 of the Texas Occupations Code, to review the available information, including the patient's medical record.(c) As done in other complaints, the independent expert physicians may review all relevant information including one or more of the following:(1) how the decision was made to proceed with an abortion based on reasonable medical judgement including:(A) what diagnostic imaging, test results, medical literature, second opinions, and/or medical ethics committees that were used or consulted; and(B) what alternative treatments were attempted and failed or were ruled out; and(2) whether there was adequate time to transfer the patient to a facility or physician with a higher level of care or expertise to avoid performing an abortion.(d) Any decision by the Board, to either dismiss the complaint or discipline the physician who is the subject of a complaint, is separate and independent of any other possible criminal or civil action under the law. If the Board is aware the licensee is subject to a pending criminal or civil action, then the Board may defer or delay action. Depending on the outcome of criminal or civil action, the Board retains authority to investigate and potentially take disciplinary action.(e) The Board shall not take any disciplinary action against a physician who exercised reasonable medical judgment in providing medical treatment to a pregnant woman as described by §74.552 of the Texas Civil Practice and Remedies Code.", "sourceNote": "Source Note: The provisions of this §163.13 adopted to be effective January 9, 2025, 50 TexReg 333." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223457", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "164", "label": "PHYSICIAN ADVERTISING" }, "rule": { "number": "§164.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223458", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the contents clearly indicate otherwise.(1) Advertising and advertisement--Any communication designed to attract attention to the practice of a physician.(2) Testimonial--Statement about a physician's competence, services, treatments, or practice generally. Also includes expressions of appreciation or esteem, a character reference, or a statement of benefits received.", "sourceNote": "Source Note: The provisions of this §164.1 adopted to be effective January 9, 2025, 50 TexReg 337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223458", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "164", "label": "PHYSICIAN ADVERTISING" }, "rule": { "number": "§164.2", "label": "Physician Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223459", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Every physician is:(1) responsible for the form and content of any advertisement for their individual practice or group practice; and(2) deemed to have reviewed and approved any and all advertisements.(b) Patients must consent prior to any use of photographs or other representations in any advertising by a physician, practice, or entity.(c) A recording or copy of any advertisement shall be retained by the physician for a period of two years from the last date of communication.", "sourceNote": "Source Note: The provisions of this §164.2 adopted to be effective January 9, 2025, 50 TexReg 337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223459", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "164", "label": "PHYSICIAN ADVERTISING" }, "rule": { "number": "§164.3", "label": "Prohibited Acts or Omissions in Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223456", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Advertising regarding the practice of medicine, professional credentials, and qualifications is permissible. However, the information provided in the advertisement cannot be false, deceptive, or misleading.(b) In addition to those items listed in §101.201 of the Texas Occupations Code, the following are also deemed false, deceptive, or misleading advertising:(1) using the term \"board eligible,\" \"board qualified,\" or any similar language calculated to convey the same meaning as \"board certified;\"(2) offering a permanent cure for an incurable disease, sickness, and/or illness;(3) providing a testimonial without:(A) a disclaimer or warning as to the credentials of the person making the testimonial; and(B) a disclosure of compensation provided in exchange for the testimonial;(4) failing to explicitly identify individuals as models or actors instead of actual patients;(5) providing untruthful or deceptive claims regarding costs and fees, including claims of free service if a third-party is billed;(6) claiming a unique or exclusive skill without substantiation and basis for such claim;(7) failing to disclose that the advertisement, article, or infomercial is a \"paid for\" presentation; or(8) failing to disclose medical directorship, supervision of, or delegation to non-physicians at a location that is not the physician's primary practice location and where care is delivered pursuant to standing orders and protocols.", "sourceNote": "Source Note: The provisions of this §164.3 adopted to be effective January 9, 2025, 50 TexReg 337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223456", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "164", "label": "PHYSICIAN ADVERTISING" }, "rule": { "number": "§164.4", "label": "Advertising Board Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223460", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The use of the term \"board certified\" may be used by a physician if they are currently certified by a member board of:(1) the American Board of Medical Specialties (ABMS);(2) the American Osteopathic Association Bureau of Osteopathic Specialists (BOS);(3) the American Board of Oral and Maxillofacial Surgery; or(4) other certifying board certification as approved by the board under subsection (b) of this section.(b) Physician-based certifying organizations seeking approval on behalf of their members to advertise other board certification not listed in subsection (a) of this section, must:(1) submit a completed board application that is valid for one year; and(2) submit payment of a $200.00 application fee; and(3) submit documentation that the certifying entity/board:(A) has certification requirements that are substantially equivalent to the requirements of the ABMS or BOS; and(B) requires members to complete an examination that has been psychometrically evaluated for validation and has been administered by a testing organization that tests knowledge and skills in the specialty or subspecialty;(C) requires members successfully completed postgraduate training accredited by ACGME or AOA, with training in the specialty or subspecialty;(D) utilizes appropriate peer-review processes;(E) has a total membership of at least 100 duly licensed members, fellows, diplomates, or certificate holders from at least one-third of the states; and(F) is tax exempt under the Internal Revenue Code pursuant to §501(c) with a permanent headquarters and staff.(c) A certifying organization approved by the board under subsection (b) of this section must be reviewed every five years from the date of initial approval. As part of this review, the certifying organization must:(1) submit payment of the $200.00 renewal fee, and(2) submit to the board information of any substantive changes in the certifying organization's requirements for diplomates since the certifying board was last reviewed by the board.", "sourceNote": "Source Note: The provisions of this §164.4 adopted to be effective January 9, 2025, 50 TexReg 337." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223460", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§169.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223461", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the contents clearly indicate otherwise:(1) Administer--To directly apply a prescription drug to the body of a patient by any means, including injection, inhalation, or ingestion, by a physician or an individual acting under the delegation and supervision of a physician.(2) Controlled substance--A substance, including a drug, an adulterant, and a dilutant, listed in and as described under the Texas Health and Safety Code, Chapter 481 (Texas Controlled Substances Act). The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.(3) Dangerous drug--A device or a drug that is unsafe for self-medication and that is not included in the Texas Health and Safety Code, Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend: \"Caution: federal law prohibits dispensing without prescription.\"(4) Device--Means an instrument, apparatus, or contrivance, or a component, part, or accessory of an instrument, apparatus, or contrivance, that is designed or intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or that is designed or intended to affect the structure or any function of the body of a human.(5) Drug therapy management--The performance of patient specific acts by pharmacists as authorized by a physician through a written protocol. Drug therapy management does not include the selection of drug products not prescribed by the physician unless the drug product is named in the physician-initiated protocol.(6) Human consumption--The injection, inhalation, ingestion, or application of a substance to or into a human body.(7) Medication order--An order from a practitioner or a practitioner's designated agent for administration of a drug or device, as defined by §551.003 of the Occupations Code, or an order from a practitioner to dispense a drug to a patient in a hospital for immediate administration while the patient is in the hospital or for emergency use on the patient's release from the hospital, as defined by Texas Health and Safety Code, §481.002.(8) Nonprescription drug--A nonnarcotic drug or device that may be sold without a prescription and that is labeled and packaged in compliance with state and federal law.(9) Prescribe or order a drug or device--Prescribing or ordering a drug or device, including the issuing of a prescription drug order or medication order.(10) Prescription medical device--A device that the federal Food and Drug Administration has designated as a prescription medical device and can be sold only to persons with prescriptive authority in the state in which they reside.(11) Protocols--Written authorization delegating authority to initiate medical aspects of patient care, including delegation of the act of prescribing or ordering a drug or device at a facility-based practice. Prescriptive authority agreements may reference or include the terms of a protocol(s).(12) Standing delegation order--Written instructions, orders, rules, or procedures designed for a patient population with specific diseases, disorders, health problems, or sets of symptoms. This type of order provides a general set of conditions and circumstances when action can be instituted prior to being examined or evaluated by a physician. Standing delegation orders may permit the administering or providing of the following types of dangerous drugs if specifically ordered by or using a pre-signed prescription from the delegating physician:(A) oral contraceptives;(B) diaphragms and contraceptive creams and jellies;(C) topical anti-infectives for vaginal use;(D) oral anti-parasitic drugs for treatment of pinworms;(E) topical anti-parasitic drugs;(F) antibiotic drugs for treatment of venereal disease; or(G) immunizations.(13) Standing medical orders--Generally applicable orders, which are used as a guide in preparation for and carrying out medical acts or surgical procedures or both after patients have been evaluated by the physician or physician assistant or advanced practice registered nurse under delegation.(14) Written protocol--A physician's order, standing medical order, standing delegation order, or other physician order or protocol.", "sourceNote": "Source Note: The provisions of this §169.1 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223461", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "A", "label": "DEFINITIONS AND GENERAL PROVISIONS" }, "rule": { "number": "§169.2", "label": "General Responsibilities of Delegating Physician" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223462", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When delegating any medical act, a delegating physician must comply with Chapter 157 of the Act. Delegation must be through written protocols or prescriptive authority agreements depending on the type of delegate and the medical acts being delegated.(b) General standards for Standing Delegation Orders, Standing Medical Orders, and Protocols require:(1) development and approval by the delegating physician or in accordance with facility bylaws and policies;(2) the order or protocol to be in writing and signed by the delegating physician;(3) a description of the specific instructions, orders, protocols, or procedures to be followed,(4) a notation of the level of supervision required, unless specified by other law;(5) plans for addressing patient emergencies;(6) annual review signed by the delegating physician; and(7) maintenance at the facility or practice site.(c) These requirements may be different or modified as set out in the specific subchapters below. The specific provisions in a subchapter control over the general standards.", "sourceNote": "Source Note: The provisions of this §169.2 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223462", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "B", "label": "PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE REGISTERED NURSES" }, "rule": { "number": "§169.5", "label": "Delegation to a Physician Assistant or Advanced Practice Registered Nurse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223464", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When delegating to a physician assistant or an advanced practice registered nurse, a physician must comply with Chapter 157 of the Act, including Section 157.055 related to utilization of protocols and orders.(b) In accordance with §157.0511(b-2), a delegating physician must register with the board the following information within 30 calendar days of the delegation:(1) the name and license number of the physician assistant or advanced practice registered nurse;(2) the beginning date of the delegation; and(3) the location(s) where the delegate(s) practice.(c) The delegating physician must notify the board in writing of the termination of delegation authority within 30 calendar days of termination. Any party to the agreement may submit the notice of termination.", "sourceNote": "Source Note: The provisions of this §169.5 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223464", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "C", "label": "EMERGENCY MEDICAL SERVICES" }, "rule": { "number": "§169.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223465&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223465", "queryAsDate": "03/11/2026" }, "ruleBody": "The definitions found in the Health and Safety Code, Chapter 773, and Title 25, Texas Administrative Code, Chapter 157, including medical control, medical direction, medical oversight, medical supervision, and off-line medical direction, apply to physician supervision of emergency medical service (EMS) personnel under this subchapter.", "sourceNote": "Source Note: The provisions of this §169.10 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223465&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223465", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "C", "label": "EMERGENCY MEDICAL SERVICES" }, "rule": { "number": "§169.11", "label": "Medical Supervision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223466", "queryAsDate": "03/11/2026" }, "ruleBody": "Physicians providing medical control and medical supervision of emergency medical service (EMS) providers are subject to Chapter 157 of the Act and the board rules related to physician supervision and delegation.", "sourceNote": "Source Note: The provisions of this §169.11 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223466", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "C", "label": "EMERGENCY MEDICAL SERVICES" }, "rule": { "number": "§169.12", "label": "Medical Director or Chief Medical Officer Qualifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223467", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to holding an active Texas medical license, a medical director or chief medical officer must meet all applicable standards as set forth in Title 25, Texas Administrative Code, Chapter 157 (related to Emergency Medical Care) for the emergency medical service (EMS) services being provided, training, education, and other delineated responsibilities.(b) A medical director or chief medical officer must complete one of the following requirements:(1) a minimum of 12 hours of formal continuing medical education (CME), in the area of EMS medical direction within two years of initial notification to the Board of becoming a medical director or chief medical officer;(2) board certification in Emergency Medical Services by either the American Board of Medical Specialties or American Osteopathic Association; or(3) a Texas Department of State Health Services (DSHS) approved EMS medical director course.(c) A medical director or chief medical officer must complete one hour of formal CME in the area of EMS medical direction in each subsequent biennial renewal of the registration.", "sourceNote": "Source Note: The provisions of this §169.12 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223467", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "C", "label": "EMERGENCY MEDICAL SERVICES" }, "rule": { "number": "§169.13", "label": "Medical Director or Chief Medical Officer Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223468", "queryAsDate": "03/11/2026" }, "ruleBody": "A Medical Director or Chief Medical Officer must:(1) register with the board on an approved form and provide all required documentation requested;(2) review, approve, and sign protocols, standing delegation orders, or guidelines for emergency medical service (EMS) providers regarding:(A) prehospital care, to be provided by EMS personnel;(B) patient transport standards (voluntary and involuntary);(C) criteria for selection of a patient's destination; and(D) standard of care to be provided, patient care incidents, patient complaints, and deviations from established protocols, standing orders, and/or guidelines.(3) developing, implementing, and revising protocols standing delegation orders and/or guidelines, as appropriate; and(4) monitor compliance with protocols standing orders and/or guidelines by EMS providers.", "sourceNote": "Source Note: The provisions of this §169.13 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223468", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "C", "label": "EMERGENCY MEDICAL SERVICES" }, "rule": { "number": "§169.14", "label": "Limits on Off-Line Medical Control" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223463", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the medical control is provided as an off-line medical director, the medical director may not supervise more than 20 emergency medical service (EMS) providers unless a written request for a waiver is submitted to the board on the board approved form.(b) Once received, the board will forward the waiver request to the Texas Department of State Health Services (DSHS). If approved, the board will update the registration as appropriate.", "sourceNote": "Source Note: The provisions of this §169.14 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223463", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "C", "label": "EMERGENCY MEDICAL SERVICES" }, "rule": { "number": "§169.15", "label": "Other Physician Presence at Medical Emergency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223469", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the event a physician who is not the medical director is present at the scene of an emergency, the care provided by that physician must be appropriate for the circumstances and documented appropriately by the EMS agency with the name of the physician providing care.(b) If possible, the medical director and physician present must communicate and coordinate care as appropriate under the circumstances.", "sourceNote": "Source Note: The provisions of this §169.15 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223469", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "D", "label": "PHARMACISTS" }, "rule": { "number": "§169.20", "label": "General Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223473", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §157.001 and §157.101 of the Act, a physician licensed to practice medicine in Texas may delegate to a properly qualified and trained pharmacist acting under adequate supervision the performance of specific acts of drug therapy management, immunizations and vaccinations authorized by the physician through the physician's order, standing medical order, standing delegation order, other order, or protocol.(b) A written protocol or order for drug therapy management must contain at a minimum:(1) the identity of the physician and the pharmacist engaging in drug therapy management;(2) the condition requiring drug therapy;(3) the drugs to be used for the drug therapy management authorized, including allowing generically equivalent drug selection unless otherwise indicated; and(4) the procedures, decision criteria, or plan the pharmacist shall follow when exercising drug therapy management authority, including maintaining a record for each patient.(c) A written protocol or order for immunizations and vaccination must contain at a minimum:(1) the location(s) at which the pharmacist may administer immunizations or vaccinations;(2) the immunizations or vaccinations that may be administered;(3) procedures to follow when administering immunizations or vaccinations including:(A) a requirement that if the patient is under 14 years of age, they have a physician referral;(B) procedures if adverse reactions occur; and(C) a requirement to report to the delegating physician the administration of the immunization or vaccination within 24 hours after administration.(D) A periodic review and update, if necessary, of a written protocol for drug therapy management, immunizations, and vaccinations are required.(E) A physician who provides care to persons over 65 years of age must comply with Chapter 161.0052 of the Texas Health and Safety Code regarding pneumococcal and influenza vaccines.", "sourceNote": "Source Note: The provisions of this §169.20 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223473&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223473", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "E", "label": "OTHER DELEGATED ACTS" }, "rule": { "number": "§169.25", "label": "Other Delegation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223472", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §157.001 of the Act, the board determined the following to be the practice of medicine and such medical acts can be properly delegated and supervised:(1) nonsurgical medical cosmetic procedures, including but not limited to the injection of medication or substances for cosmetic purposes, the administration of colonic irrigations, and the use of a prescription medical device for cosmetic purposes; and(2) using a device to administer for human consumption a nonprescription drug, dangerous drug, or controlled substance.(b) This does not include those delegations specifically authorized and described in Chapter 157 of Act or procedures performed at a physician's practice by the physician or physician assistant or advanced practice registered nurse acting under the physician's supervision.", "sourceNote": "Source Note: The provisions of this §169.25 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223472&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223472", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "E", "label": "OTHER DELEGATED ACTS" }, "rule": { "number": "§169.26", "label": "General Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223471", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The delegating physician must ensure the individual performing these medical acts:(1) has appropriate training regarding:(A) techniques for the delegated act including pre-procedural care, post-procedural care, and infectious disease control;(B) contraindications for the delegated act; and(C) recognition and acute management of potential complications; and(2) signs and dates a written protocol.(b) A physician must either be appropriately trained or be familiar with and able to perform the delegated medical act according to the standard of care;(c) Prior to performance of the delegated act, a physician, or a physician assistant or advanced practice registered nurse acting under the delegation of a physician, must:(1) establish a practitioner-patient relationship;(2) complete and maintain an adequate medical record in accordance with Chapter 163 of this title;(3) disclose the identity and title of the individual who will perform the delegated act; and(4) ensure at least one person trained in basic life support is present while the patient is onsite.(d) A physician or physician assistant or advanced practice registered nurse must either:(1) be onsite during the procedure; or(2) be immediately available for emergency consultation in the event of an adverse outcome; and(3) if necessary, the physician must be able to conduct an emergency appointment with the patient.", "sourceNote": "Source Note: The provisions of this §169.26 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223471", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "E", "label": "OTHER DELEGATED ACTS" }, "rule": { "number": "§169.27", "label": "Physician Responsibilities Related to Written Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223470", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A physician may delegate acts under this subsection only if the physician has either:(1) reviewed and approved in writing the business' or facility's existing written order; or(2) developed their own written orders for the delegated acts.(b) The written order must include:(1) the identity of the delegating physician responsible for the delegation of the procedure;(2) selection criteria for screening patients;(3) a description of appropriate care; and(4) procedures for common complications, serious injuries, or emergencies, including communication or feedback to the delegating physician or physician assistant or advanced practice registered nurse.", "sourceNote": "Source Note: The provisions of this §169.27 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223470", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "169", "label": "DELEGATION" }, "subchapter": { "number": "E", "label": "OTHER DELEGATED ACTS" }, "rule": { "number": "§169.28", "label": "Notice and Identification Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223474", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any individual, business, or facility providing any of the delegated acts under this subsection must post the following in each public area and treatment room:(1) the notice of how to file a complaint with the board required under §177.2 of this title (relating to Mandatory Complaint Notification); and(2) the name(s) of the delegating physician(s) including their Texas medical license number.(b) Each person performing a delegated act under this subsection must be readily identified by a name tag or similar means that clearly delineates the identity and credentials of the person.", "sourceNote": "Source Note: The provisions of this §169.28 adopted to be effective January 9, 2025, 50 TexReg 342." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223474", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "170", "label": "STANDARDS FOR USE OF INVESTIGATIONAL AGENTS" }, "subchapter": { "number": "A", "label": "STANDARDS FOR USE OF INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, OR DEVICES" }, "rule": { "number": "§170.1", "label": "General Standards for Use of Investigational Agents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223476", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Chapter 489 of the Texas Health and Safety Code, a physician who administers or provides for the use of investigational drugs, biological products, or devices must:(1) comply with all applicable state and federal laws and rules;(2) meet the standard of care;(3) comply with ethical standards including Declaration of Helsinki and the Belmont Report;(4) maintain adequate medical records; and(5) document the proposed investigational agent to be used:(A) is included in an FDA/NIH approved protocol or study; or(B) is approved by an Institutional Review Board (IRB) meeting standards under subsection (b) of this section.(b) The approving IRB must be:(1) affiliated with an academic setting or a Texas-licensed hospital;(2) accredited by the Association for the Accreditation of Human Research Protection Programs, Inc.(3) registered by the U.S. Department of Health and Human Services Office for Human Research Protection, pursuant to 21 CFR Part 56; or(4) accredited by a national accrediting organization recognized by the board.", "sourceNote": "Source Note: The provisions of this §170.1 adopted to be effective January 9, 2025, 50 TexReg 349." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223476", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "170", "label": "STANDARDS FOR USE OF INVESTIGATIONAL AGENTS" }, "subchapter": { "number": "B", "label": "INVESTIGATIONAL STEM CELL TREATMENTS FOR PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES" }, "rule": { "number": "§170.5", "label": "General Standards for the Use of Investigational Stem Cell Treatments for Patients with Certain Severe Chronic Diseases or Terminal Illnesses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223475", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Chapter 1003 of the Texas Health and Safety Code, physicians who administer or provide for the use of investigational stem cell treatments must:(1) comply with all applicable state and federal laws and rules;(2) be certified to administer stem cell in accordance with §1003.055 of the Texas Health and Safety Code;(3) ensure the patient is enrolled in a clinical trial investigating the use of adult stem cells in humans;(4) maintain adequate medical records including documentation of the patient's qualifying severe chronic disease or terminal illness;(5) obtain a signed written informed consent including the patient eligibility determination found in §1003.053(2)(a) of the Texas Health and Safety Code; and(6) provide stem cells in a qualifying facility.", "sourceNote": "Source Note: The provisions of this §170.5 adopted to be effective January 9, 2025, 50 TexReg 349." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223475", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "170", "label": "STANDARDS FOR USE OF INVESTIGATIONAL AGENTS" }, "subchapter": { "number": "B", "label": "INVESTIGATIONAL STEM CELL TREATMENTS FOR PATIENTS WITH CERTAIN SEVERE CHRONIC DISEASES OR TERMINAL ILLNESSES" }, "rule": { "number": "§170.6", "label": "Annual Reporting of Clinical Trial of Investigational Stem Cell Treatments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223477", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Chapter 1003 of the Texas Health and Safety Code, each IRB overseeing clinical trials of investigational stem cell treatments must submit an annual report to the board that:(1) sets forth the study's current findings;(2) specifies the number of patients participating in the trial(s);(3) documents the treatment results for patients, as applicable;(4) generally describes the effects of the treatments including all adverse events;(5) outlines the study's findings to date;(6) identifies the medical school or hospital the IRB is affiliated with;(7) provides the location where the patients' treatments were provided in accordance with §1003.055 of the Texas Health and Safety Code; and(8) includes the names of all physicians certified by the IRB or the affiliated entity and the time-period of that certification.(b) The annual report shall not include any patient identifying information.(c) The annual report shall cover the time period beginning September 1 and ending on August 31.(d) The report must be submitted to the board before the end of the calendar year in which the reporting time period ends.", "sourceNote": "Source Note: The provisions of this §170.6 adopted to be effective January 9, 2025, 50 TexReg 349." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223477", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "171", "label": "COMPLEMENTARY AND ALTERNATIVE MEDICINE STANDARDS" }, "rule": { "number": "§171.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223478", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the contents clearly indicate otherwise(1) Alternative medicine--methods of diagnosis, treatment, or interventions that are not generally considered as conventional treatment or medicine and may or may not be regulated by the FDA. These treatments may be offered for potential for therapeutic gain that are not unreasonably outweighed by the risk of such methods.(2) Complementary medicine--the use of a combination of conventional medicine and some form of alternative medicine.(3) Conventional medicine--methods of diagnosis, treatment, or interventions are generally considered routine treatments and medicine by the majority of licensed physicians.(4) Off-label usage--use of an FDA approved drug, treatment, or device in a manner that has not been approved, or proven safe and effective, by the FDA or to treat a disease or medical condition for which it is being offered. Off-label use may be alternative, complementary, or conventional medicine.", "sourceNote": "Source Note: The provisions of this §171.1 adopted to be effective January 9, 2025, 50 TexReg 351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223478", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "171", "label": "COMPLEMENTARY AND ALTERNATIVE MEDICINE STANDARDS" }, "rule": { "number": "§171.2", "label": "Required Consent and Disclosure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to providing any complementary or alternative drug, treatment, device, or intervention, the physician and patient must review and execute the below disclosure and consent form. The fully-executed form must be included in the patient's medical records. Other than translation into another language or format for the patient, this form may not be changed, modified, or altered in any manner other than by adding additional pages with supplemental information as necessary. (b) The physician practicing complementary and alternative medicine must follow all statutes and rules including requirements for maintaining adequate medical records. Physicians must also document and maintain within the medical record the information either as set forth in the form below or in an alternate format that contains at least the information requested in the form below:Attached Graphic", "sourceNote": "Source Note: The provisions of this §171.2 adopted to be effective January 9, 2025, 50 TexReg 351." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223485", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "172", "label": "PAIN MANAGEMENT CLINICS" }, "rule": { "number": "§172.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223481", "queryAsDate": "03/11/2026" }, "ruleBody": "Pain management clinics at which a majority of patients are treated for chronic pain are subject to Chapter 168 of the Act, unless otherwise exempted. In determining if the clinic is treating a majority of patients for chronic pain, one of the primary indicators is the prescribing of opioids. The board will utilize the following definitions in making that determination:(1) Acute pain--the normal, predicted, physiological response to a stimulus such as trauma, disease, and operative procedures. Acute pain is time limited to no later than 30 days from the date of the initial prescription for opioids during a period of treatment related to the acute condition or injury. Acute pain does not include, chronic pain, pain being treated as part of cancer care; pain being treated as part of hospice or other end-of-life care; pain being treated as part of palliative care; or persistent non-chronic pain.(2) Chronic pain--pain that is not relieved with acute, post-surgical, post-procedure, or persistent non-chronic pain treatment. This type of pain is associated with a chronic pathological process that causes continuous or intermittent pain for no less than 91 days from the date of the initial prescription for opioids. Medical practices treating this type of pain patient may be subject to Chapter 168 of the Act.(3) Post-surgical, post-procedure, persistent non-chronic pain--pain that occurs due to trauma caused by the surgery or procedure; or an underlying condition, disease, or injury causing persistent non-chronic pain. These types of pain last 90 days or less, but more than 30 days, from the date of initial prescriptions for opioids during a period of treatment.", "sourceNote": "Source Note: The provisions of this §172.1 adopted to be effective January 9, 2025, 50 TexReg 352." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223481", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "172", "label": "PAIN MANAGEMENT CLINICS" }, "rule": { "number": "§172.2", "label": "Gold Designated Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223482", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A clinic may apply to be designated as a \"Gold Designated Practice.\" In order to be eligible for a \"Gold Designated Practice\" status, a clinic must:(1) complete a board-approved application form;(2) provide a Medical Home Agreement, written collaborative, coordinated care agreement or memorandum of understanding to provide management and treatments of pain, that describes measures that it provides and may be used for reduction of pain such as, but not limited to:(A) multimodal treatment such as surgery, injections, pain pumps, osteopathic manipulation, epidurals, trigger point injections, dry needling, and topical creams or patches;(B) multi-disciplinary practices such as medication assisted tapering and weaning, computer-based training pain coaching, acupuncture, chiropractic, physical therapy, massage, and exercise/movement; or(C) collaborative care or other behavioral health integration services such as evidenced-based cognitive behavioral therapy interventions for mental health and pain reduction, medication management and opioid weaning, patient-centered education, regular monitoring and assessments of clinical status using validated tools, assessment of treatment adherence, motivational interviewing, and a structured approach to improving the biopsychosocial aspects of pain management; and(3) In addition to providing a Medical Home Agreement, written collaborative, coordinated care agreement, or memorandum of understanding to provide management and treatments of pain described above, the clinic must either:(A) meet the standards for exemption under §168.002(7) of the Act, including the clinic being operated by a majority of physicians who currently hold or previously held ABMS or AOA board-certification or subspecialty certification in pain management; and(i) have a majority of physicians performing or properly supervising delegates in providing other forms of treatment besides qualifying pain management prescriptions to a majority of the patients at the clinic;(ii) utilization by the clinic's providers of a Medical Home Agreement signed by the primary prescriber and the patient; or(iii) have a written collaborative, coordinated care agreement or a memorandum of understanding with the patient's primary physician for treating and managing the patient; or(B) be a Certified Pain Management Clinic (PMC) that is operated by physicians who previously held an ABMS or AOA Board-certification or sub-specialty in pain management or hold a ABMS or AOA Board-certification in an area that is eligible for a pain management subspecialty; and(i) have a Medical Home Agreement signed by the primary prescriber and the patient; or(ii) have a written collaborative, coordinated care agreement or memorandum of understanding providing that each physician who prescribes qualifying prescriptions will consult with a pain specialist for the patient.(b) The designation may be verified by an initial audit and is valid for five years.(c) No further audits or inspections will be conducted during the five-year \"Gold Designated Practice\" period, unless:(1) a complaint is received or initiated by the board concerning operation of the clinic or operators at the clinic;(2) the clinic changes location; or(3) the clinic's ownership structure changes to a majority of new owners.(d) Practices that only treat pain patients as part of cancer care or that provide only palliative care, hospice, or other end-of-life care are exempt under the Act from certification requirements as a PMC, but do not qualify for the \"Gold Designated Practice\" status.", "sourceNote": "Source Note: The provisions of this §172.2 adopted to be effective January 9, 2025, 50 TexReg 352." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223482", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "172", "label": "PAIN MANAGEMENT CLINICS" }, "rule": { "number": "§172.3", "label": "Certification of Pain Management Clinics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223483", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any clinic meeting the definition of a pain management clinic under §168.001 of the Act must be certified.(b) Certification requires:(1) a board-approved application filed by a physician owner of the clinic. If there are multiple physician owners, the application must be filed by one of the majority of owners, or if there are no majority owners, then each physician owner is responsible for designating one physician owner to file an application.(2) submission of the following documentation:(A) proof of ownership of the clinic, which may include filing with county clerks, the Comptroller and Secretary of State, as applicable;(B) days and hours of operation;(C) name of medical director;(D) list of employees, including contract physicians and other healthcare providers, and their applicable education, qualifications, training and professional licenses;(E) protocols and standing delegation orders issued by licensed physicians to healthcare providers; and(F) proof of payment of the required filing fee, if applicable.(c) The Executive Director (ED) or the ED's designee reviews all applications. After reviewing the applications, the ED will send a notice of determination to the applicant which includes the ED's determination. If the application is denied, then the ED will provide the information regarding the right to appeal.(d) Before 180 days after the expiration of the clinic's certificate, a clinic seeking renewal must submit:(1) a board-approved application;(2) documentation that establishes all providers at the clinic involved in any part of patient care have completed at least ten hours of continuing education related to pain management in the preceding two years; and(3) the required renewal fees, if applicable.(e) If there is any investigation pending with the board against any owner or certificate holder at the time of renewal, a provisional renewal will be issued until the investigation is resolved.(f) Initial applications are valid for one year from the date filed, unless expressly extended by board staff.(g) All records relating to an application or renewal of certification are considered investigative information and are confidential under §164.007 of the Act.(h) A request to cancel a certificate must be accompanied by proof that the clinic no longer meets the definition of a pain management clinic under §168.001 of the Act.", "sourceNote": "Source Note: The provisions of this §172.3 adopted to be effective January 9, 2025, 50 TexReg 352." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223483", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "172", "label": "PAIN MANAGEMENT CLINICS" }, "rule": { "number": "§172.4", "label": "Minimum Operational Standards for the Treatment of Pain Patients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223484", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Physicians treating a pain patient must:(1) operate in compliance with provisions of all applicable federal and state laws;(2) follow the standard of care; and(3) maintain complete, contemporaneous, and legible medical records, in the same manner as a non-pain patient, and include documentation of:(A) monitoring efficacy, daily functionality, description of pain relief;(B) mandatory PMP checks;(C) pain contracts, if applicable;(D) support for billing; and(E) drug testing results and other forms of monitoring for patient compliance with treatment recommendations.(b) For pain patients transferring their care to a new treating physician at a Gold Designated Practice, the following applies:(1) The new treating physician must:(A) document an initial problem focused exam;(B) document a PMP check; and(C) request medical records from the prior treating physician(s) within 15 business days of seeing the patient.(2) The new physician may provide only a one-time 30-day maximum non-refillable prescription of pain medication at the initial visit.(3) If the requested medical records are not received within 15 business days after the initial request, the physician must perform the following before issuing any other prescriptions for pain treatment to the patient:(A) a complete history and physical, including assessment of abuse or diversion potential;(B) diagnostic testing and obtain the results to verify pain sources or etiology, if applicable;(C) drug testing; and(D) a PMP check.", "sourceNote": "Source Note: The provisions of this §172.4 adopted to be effective January 9, 2025, 50 TexReg 352." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223484&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223484", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "172", "label": "PAIN MANAGEMENT CLINICS" }, "rule": { "number": "§172.5", "label": "Audits, Inspections, and Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Audits.(1) Audits are non-disciplinary reviews:(A) conducted as an off-site document review; and(B) initiated by a board subpoena request for documents as necessary to determine or verify:(i) exemption from application of Chapter 168 of the Act;(ii) need to certify as a PMC; or(iii) no certification requirement.(2) A total of 30 patients' records will be reviewed during an audit. The relevant portions of the 30 records to be reviewed are the initial visit; last two office visits; referrals; procedures notes/logs; consultation requests; consult notes, and prior authorization records, if any. These records will be a combination of new patients seen in one of the last two calendar months and established patients seen in the previous six calendar months with a minimum of 10 records for each type.(3) Documents requested may also include those used to verify personnel training, qualifications, and general compliance with Chapter 168 of the Act and related rules.(4) Upon completion of the audit, the board will issue a notice of determination to the audited clinic owner. The notice of determination will specify:(A) Deficiencies, if any; and(B) If necessary, any corrective actions the clinic must take, including a requirement to apply for certification.(b) Inspections.(1) Inspections are non-disciplinary reviews:(A) done on both certified and non-certified clinics in accordance with §168.052 of the Act; and(B) usually conducted on-site but may also be off-site, as determined by board staff.(2) The following patient records will be reviewed during an inspection, as determined by board staff: patients seen during two calendar months out of the previous eight months from the date of the inspection.(3) For certified pain management clinics, inspections are conducted to verify compliance with Chapter 168 of the Act and the applicable laws and rules.(4) For non-certified clinics, inspections are conducted to determine if the clinic is subject to be certified under Chapter 168 of the Act.(5) In accordance with §168.052(b) of the Act, to initiate an inspection the board has determined the following grounds can be utilized, but are not limited to:(A) PMP reports;(B) patient population analysis, including review of patients coming from outside the immediate geographic location of the clinic;(C) common addresses for multiple patients;(D) notices to providers from the Pharmacy Board regarding a patient having multiple prescribing providers;(E) complaints about the clinic and its operation; and(F) law enforcement reports regarding providers or patients.(6) Notice of intent to inspect will be provided at least five days in advance unless such timing would compromise the inspection.(7) Notice of inspection results will be provided in writing to the clinic.(8) If the inspection determines instances of non-compliance, the board will determine appropriate action to obtain compliance.(c) Investigations may be conducted due to a complaint received or initiated by the board. An investigation will be conducted in accordance with the provisions of this Title and all applicable board rules.", "sourceNote": "Source Note: The provisions of this §172.5 adopted to be effective January 9, 2025, 50 TexReg 352." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223486", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "173", "label": "OFFICE-BASED ANESTHESIA SERVICES" }, "rule": { "number": "§173.1", "label": "General Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223487", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings, unless the contents indicate otherwise:(1) ACLS--Advanced Cardiac Life Support, as defined by the AHA.(2) AED--Automatic External Defibrillator.(3) AHA--American Heart Association.(4) Anesthesia--Use of local anesthetics, analgesics, anxiolytics, or hypnotics to create a loss of feeling, sensation, or consciousness by interrupting or depressing nerve and/or brain function.(5) Anesthesia Services--The use of anesthesia for the performance of Level II- IV services.(6) Anxiolytics--Dangerous or scheduled drugs used to provide sedation or to treat episodes of anxiety.(7) ASHI--American Safety and Health Institute.(8) ASA--American Society of Anesthesiologists.(9) BLS--Basic Life Support, as defined by the AHA.(10) Certified registered nurse anesthetist (CRNA)--A person licensed by the Texas Board of Nursing (TBON) as a certified registered nurse anesthetist.(11) Dangerous drugs--Medications defined by Chapter 483, Texas Health and Safety Code. Dangerous drugs require a prescription but are not included in the list of scheduled drugs. A dangerous drug bears the legend \"Caution: federal law prohibits dispensing without a prescription\" or \"Prescription Only.\"(12) Deep sedation--a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained.(13) General anesthesia--a drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired.(14) Hypnotics--Dangerous or scheduled drugs that alter consciousness. This includes inhaled anesthetics and nonvolatile anesthetic agents such as barbiturates, benzodiazepines, opioids, Etomidate, Propofol, and Ketamine.(15) Level I services.(A) Delivery of narcotic analgesics or anxiolytics by mouth, as prescribed for the patient on order of a physician, at a dose level not to exceed minimal sedation, as defined under this chapter; or(B) Delivery of nitrous oxide/oxygen inhalation sedation.(16) Level II services.(A) The administration of tumescent anesthesia;(B) The delivery of tumescent anesthesia in conjunction with the delivery of narcotic analgesics or anxiolytics by mouth in dosages as defined under Level I, as prescribed for the patient on order of a physician; or(C) Except for the performance of Mohs micrographic surgery, the administration of local anesthesia, peripheral nerve blocks, or both in a total dosage amount that exceeds 50 percent of the recommended maximum safe dosage per outpatient visit.(17) Level III services-- Intravenous, intramuscular, mucosal, rectal or inhalational delivery of narcotic analgesics, anxiolytics, or hypnotics to achieve moderate sedation, as defined under this Chapter. Level III services do not include deep sedation or general anesthesia.(18) Level IV services--The use of regional or neuraxial anesthesia and/or the use of anxiolytics, narcotic analgesics, and/or hypnotics to establish deep sedation or general anesthesia, as defined under this Chapter.(19) Local anesthetics--Dangerous drugs administered topically or by injection, which interrupt nerve conduction, temporarily creating a loss of sensation to an affected area.(20) Minimal sedation--a drug-induced state during which patients respond appropriately to verbal commands. Although cognitive function and physical coordination may be impaired, airway reflexes, and ventilatory and cardiovascular functions are unaffected.(21) Moderate sedation--a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained.(22) Narcotic analgesics--Opioid or opioid-like dangerous or scheduled drugs that alleviate pain, but not including non-opioid based drugs such as acetaminophen or non-steroidal anti-inflammatory drugs (NSAIDs).(23) Neuraxial anesthesia--the administration of dangerous drugs or controlled substances into the subarachnoid space or epidural space to produce anesthesia and analgesia. This includes spinal, epidural and caudal anesthesia.(24) Outpatient setting--Any facility, clinic, center, office, or other setting that is not a part of a licensed hospital or a licensed ambulatory surgical center with the exception of the following:(A) a clinic located on land recognized as tribal land by the federal government and maintained or operated by a federally recognized Indian tribe or tribal organization as listed by the United States secretary of the interior under 25 U.S.C. §479-1 or as listed under a successor federal statute or regulation;(B) a facility maintained or operated by a state or governmental entity;(C) a clinic directly maintained or operated by the United States or by any of its departments, officers, or agencies; and(D) an outpatient setting where the facility itself is accredited by either The Joint Commission relating to ambulatory surgical centers, the American Association for Accreditation of Ambulatory Surgery Facilities, or the Accreditation Association for Ambulatory Health Care.(25) PALS--Pediatric Advanced Life Support, as defined by the AHA.(26) PeRLS--Perioperative Resuscitation and Life Support Certificate, as defined by the ASA(27) Regional anesthesia--The injection of local anesthetics into an area of the body directly adjacent to a peripheral nerve, for the purpose of blocking the response to pain in the distribution of sensation of that nerve.(28) Scheduled drugs--Medications defined by the Texas Controlled Substances Act, Chapter 481, Texas Health and Safety Code.(29) Tumescent anesthesia--A specialized type of subcutaneous infiltration of a dilute mixture of local anesthetic and epinephrine known as tumescent solution.", "sourceNote": "Source Note: The provisions of this §173.1 adopted to be effective January 9, 2025, 50 TexReg 356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223487&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223487", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "173", "label": "OFFICE-BASED ANESTHESIA SERVICES" }, "rule": { "number": "§173.2", "label": "Standards for Anesthesia Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223488", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Standards. When providing or delegating anesthesia services in an outpatient setting, physicians must ensure:(1) compliance with delegation and supervision laws under Chapter 157 of the Act, including §157.058, regarding CRNAs;(2) counseling and preparing patients for anesthesia per ASA standards;(3) performing:(A) a pre-anesthetic evaluation; and(B) a pre-sedation evaluation, that includes at a minimum an airway evaluation and an ASA physical status classification;(4) obtaining informed consent in accordance with state law, which includes communicating with the patient any sharing of responsibility for a patient's care with other physicians or non-physician anesthesia providers; and(5) providing continuous appropriate physiologic monitoring of the patient, determined by the type of anesthesia and individual patient needs, both during and post procedure until ready for discharge, with continuous monitoring of:(A) ventilation,(B) oxygenation; and(C) cardiovascular status.(b) Minimum Equipment Requirements and Standards.(1) Minimum equipment required. The outpatient setting must have the following equipment and drugs onsite for the handling of emergencies:(A) monitoring equipment for Level II through Level IV procedures:(i) pulse oximetry;(ii) continuous EKG;(iii) non-invasive blood pressure measured at least every five minutes; and(iv) if deep sedation or general anesthesia is utilized, an end-tidal CO2 analyzer;(v) if general anesthesia utilizing a closed circuit, an O2 analyzer;(B) appropriate intravenous therapy equipment;(C) a precordial stethoscope or similar device, and non-electrical blood pressure measuring device, for use in the event of an electrical outage;(D) emergency equipment appropriate for the purpose of cardiopulmonary resuscitation;(E) AED or other defibrillator, difficult airway equipment, as well as the drugs and equipment necessary for the treatment of malignant hyperthermia, if using triggering agents associated with malignant hyperthermia or if the patient is at risk for malignant hyperthermia; and(F) a means to measure temperature, which shall be readily available and utilized for continuous monitoring when indicated per current ASA standards.(2) Equipment Standards.(A) Equipment must be appropriately sized for the patient population being served.(B) All anesthesia-related equipment and monitors must be maintained to current operating room standards.(C) Regular service or maintenance checks must be completed by appropriately qualified biomedical personnel, at least annually or per manufacturer recommendations.(D) A separate equipment maintenance log must contain:(i) service check information including date performed;(ii) a clear description of any equipment problems and the corrective action; and(iii) if substandard equipment was utilized without corrective action, a description of how patient safety was protected.(E) The equipment maintenance log must be retained for seven years from the date of inspection.(F) An audible signal alarm device capable of detecting disconnection of any component of the breathing system shall be utilized.(3) Emergency Supplies.(A) All required emergency supplies must be maintained and inspected by qualified personnel for presence and proper function intervals established by protocol.(B) All medication, drugs, and supplies must not be expired.(C) Personnel must be trained on the use of emergency equipment and supplies.(D) A separate emergency supply log must include dates of inspections. The log must be retained for seven years from the date of inspection.(4) Emergency Power Supply and Communication Source.(A) Outpatient settings must have a secondary power source as appropriate for equipment in use, in case of power failure.(B) A two-way communication source not dependent on electrical current shall be available.(5) Protocols.(A) The outpatient setting must have written protocols regarding:(i) patient selection criteria;(ii) patients or providers with latex allergy;(iii) pediatric drug dosage calculations, where applicable;(iv) ACLS or PALS algorithms;(v) infection control;(vi) documentation and tracking use of pharmaceuticals, including controlled substances, expired drugs and wasting of drugs; and(vii) discharge criteria.(B) The outpatient setting must have written protocols regarding emergency transfer procedures for cardiopulmonary emergencies that include:(i) a specific plan for securing a patient's airway pending EMS transfer to the hospital; and(ii) have appropriate ACLS algorithms available in the office to assist with patient stabilization until EMS arrives.(C) For outpatient settings that are located in counties lacking 9-1-1 service entities supported by EMS providers licensed at the advanced life support level, physicians must enter into emergency transfer agreements with a local licensed EMS provider or accredited hospital-based EMS. The agreement's terms must require EMS to bring staff and equipment necessary for advanced airway management equal to or exceeding that which is in place at the outpatient setting.(D) The written protocols, including the emergency transfer agreements, must be evaluated and reviewed at least annually.", "sourceNote": "Source Note: The provisions of this §173.2 adopted to be effective January 9, 2025, 50 TexReg 356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223488", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "173", "label": "OFFICE-BASED ANESTHESIA SERVICES" }, "rule": { "number": "§173.3", "label": "Specific Requirements Based on Level of Anesthesia Provided" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223489", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the general standards that apply to all outpatient settings, the following standards are required for outpatient settings, based upon the level of anesthesia being administered. If personnel and equipment meet the requirements of a higher-level, lower-level anesthesia services may also be provided.(1) Level I Services:(A) A physician and at least one other personnel must be present during the procedure. Both the physician and the personnel must be currently certified by AHA or ASHI, at a minimum in BLS.(B) The following age-appropriate equipment must be present:(i) a bag mask valve; and(ii) oxygen.(2) Level II services:(A) A physician and at least one other personnel must be present during the procedure and recovery until ready for discharge. The physician must be currently certified by AHA, ASHI, or ASA in ACLS, PALS, or PeRLS as appropriate. The additional personnel member(s) must be currently certified by AHA or ASHI, at a minimum in BLS.(B) A crash cart must be present containing drugs and equipment necessary to carry out ACLS protocols, including, but not limited to:(i) the age-appropriate monitoring and emergency equipment required under subsection (b) of this section;(ii) first line cardiac medications, including epinephrine, atropine, adreno-corticoids, and antihistamines;(iii) benzodiazepines for intravenous or intramuscular administration;(iv) lipid emulsion to treat local anesthetic systemic toxicity, if administering local anesthesia, peripheral nerve blocks, or both in a total dosage amount that exceeds 50 percent of the recommended maximum safe dosage per outpatient visit (except for Mohs micrographic surgery), or if administering tumescent anesthesia; and(v) specific reversal agents, Flumazenil and Naloxone, if benzodiazepines or narcotics are used for sedation.(3) Level III services:(A) A physician and at least one other personnel must be present during the procedure and recovery until ready for discharge. The physician must be currently certified by AHA, ASHI, or ASA in ACLS or PALS, or PeRLs as appropriate. The additional personnel member(s) must be currently certified by AHA, ASHI, or ASA in ACLS, PALS, or PeRLS, as appropriate.(B) A crash cart must be present containing the same drugs and equipment required for Level II, and a backup cylinder of oxygen, except for lipid emulsion.(C) Intravenous access must be established.(D) Providers must adhere to ASA Standards for Post Anesthesia Care.(4) Level IV services: Level IV services do not require physicians to maintain a stock of lipid emulsion. Physicians who provide Level IV anesthesia services in outpatient settings shall follow current, applicable standards and guidelines as put forth by the American Society of Anesthesiologists (ASA) including, but not limited to, the following listed in subparagraphs (A) - (I) of this paragraph:(A) Basic Standards for Preanesthetic Care;(B) Standards for Basic Anesthetic Monitoring;(C) Standards for Post Anesthesia Care;(D) Position on Monitored Anesthesia Care;(E) The ASA Physical Status Classification System;(F) Guidelines for Nonoperating Room Anesthetizing Locations;(G) Guidelines for Ambulatory Anesthesia and Surgery;(H) Guidelines for Office-Based Anesthesia; and(I) Practice sites shall maintain a separate oxygen cylinder as a secondary supply.", "sourceNote": "Source Note: The provisions of this §173.3 adopted to be effective January 9, 2025, 50 TexReg 356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223489", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "173", "label": "OFFICE-BASED ANESTHESIA SERVICES" }, "rule": { "number": "§173.4", "label": "Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223490", "queryAsDate": "03/11/2026" }, "ruleBody": "Each physician who provides anesthesia services or performs a procedure for which anesthesia services are provided in an outpatient setting, excluding Level I services, shall register with and pay a fee in the amount of $220 per biennium.", "sourceNote": "Source Note: The provisions of this §173.4 adopted to be effective January 9, 2025, 50 TexReg 356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223490", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "173", "label": "OFFICE-BASED ANESTHESIA SERVICES" }, "rule": { "number": "§173.5", "label": "Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223495", "queryAsDate": "03/11/2026" }, "ruleBody": "The board may conduct inspections to enforce these rules, including inspections of an operating surgeon's office site or a mobile anesthesia provider's practice and procedures related to storage, transport, and setup of necessary equipment. The board may contract with another state agency or qualified person to conduct these inspections.", "sourceNote": "Source Note: The provisions of this §173.5 adopted to be effective January 9, 2025, 50 TexReg 356." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223495", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "174", "label": "BUSINESS ORGANIZATIONS" }, "subchapter": { "number": "A", "label": "NON-PROFIT HEALTH ORGANIZATIONS" }, "rule": { "number": "§174.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223496", "queryAsDate": "03/11/2026" }, "ruleBody": "The following word and term when used in this chapter shall have the following meaning, unless the contents clearly indicate otherwise: Actively engaged in the practice of medicine--currently licensed by the board to practice medicine and has no restrictions.", "sourceNote": "Source Note: The provisions of this §174.1 adopted to be effective January 9, 2025, 50 TexReg 362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223496", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "174", "label": "BUSINESS ORGANIZATIONS" }, "subchapter": { "number": "A", "label": "NON-PROFIT HEALTH ORGANIZATIONS" }, "rule": { "number": "§174.2", "label": "Certification of a Non-Profit Health Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223493", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall certify a Non-Profit Health Organization in accordance with §162.001(b) of the Act upon:(1) submission of the required application and supporting documentation;(2) the board's receipt of the $2,500 non-refundable application fee; and(3) verification by the board that the organization meets the requirements of §162.001(b) of the Act, including the requisite number of Board of Directors in accordance with Title 2, §22.204 of the Texas Business Organizations Code.(b) The board shall certify a Non-Profit Health Organization to contract with or employ physicians in accordance with §162.001(c) or (c-4) of the Act upon:(1) submission of the required application and supporting documentation; and(2) verification by the board that the organization meets the requirements for certification under the Act.(c) A certified Non-Profit Health Organization must file a biennial report with the board in accordance with §162.006 of the Act. The board shall renew the certification of a Non-Profit Health Organization upon:(1) submission of the required biennial report, recertification application and supporting documentation(2) the board's receipt of the $1,125 non-refundable biennial application fee, except those certified under §162.001(c) or (c-4) do not pay a fee; and(3) verification by the board that the organization meets the requirements for recertification under the Act.(d) The failure of a certified health organization to timely submit a biennial report and/or required renewal fee within 90 days of its due date may result in decertification.(e) If a certified health organization has been decertified, it will be required to submit a new application for certification in accordance with Chapter 162 of the Act.", "sourceNote": "Source Note: The provisions of this §174.2 adopted to be effective January 9, 2025, 50 TexReg 362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223493", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "174", "label": "BUSINESS ORGANIZATIONS" }, "subchapter": { "number": "B", "label": "JOINTLY OWNED ENTITIES" }, "rule": { "number": "§174.5", "label": "Joint Ownership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Physician and Physician Assistants may jointly own an entity in accordance with the provisions of Chapters 22, 152, and 301 of the Texas Business Organizations Code.(b) Physicians and Physician Assistants who jointly own an entity must annually submit a Jointly Owned Entity Annual Report form, accompanied by an $18 fee.(c) Restrictions on joint ownership by certain professionals, as set forth in §301.012 of the Texas Business Organizations Code, only apply to those entities formed after June 17, 2011.", "sourceNote": "Source Note: The provisions of this §174.5 adopted to be effective January 9, 2025, 50 TexReg 362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223494", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "174", "label": "BUSINESS ORGANIZATIONS" }, "subchapter": { "number": "C", "label": "PHYSICIAN CALL COVERAGE ARRANGEMENTS" }, "rule": { "number": "§174.10", "label": "Call Coverage Agreement Minimum Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223497", "queryAsDate": "03/11/2026" }, "ruleBody": "A call coverage agreement:(1) may be oral or written;(2) allows for and sets forth the terms in which a physician will provide medical services to established patients of another physician; and(3) describes the timing and method by which the covering physician will provide a report to the patient's primary physician about the medical intervention or advice provided during the coverage period.", "sourceNote": "Source Note: The provisions of this §174.10 adopted to be effective January 9, 2025, 50 TexReg 362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223497", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "175", "label": "TELEMEDICINE" }, "rule": { "number": "§175.1", "label": "License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223498", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Chapters 155.001 and 111 of the Texas Occupations Code, a physician may not provide telemedicine medical services to patients in Texas unless they hold a full Texas medical license, except for those who held an out-of-state telemedicine license as of September 1, 2022.", "sourceNote": "Source Note: The provisions of this §175.1 adopted to be effective January 9, 2025, 50 TexReg 364." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223498", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "175", "label": "TELEMEDICINE" }, "rule": { "number": "§175.2", "label": "Telemedicine Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223499", "queryAsDate": "03/11/2026" }, "ruleBody": "Telemedicine medical services, including supervision, delegation, and posting of notices regarding filing a complaint with the board, must be provided in accordance with Chapter 111 of the Texas Occupations Code and the Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §175.2 adopted to be effective January 9, 2025, 50 TexReg 364." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223499", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "175", "label": "TELEMEDICINE" }, "rule": { "number": "§175.3", "label": "Requirements for a Valid Prescription" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223500", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §111.006 of the Texas Occupations Code, a valid prescription requires:(1) establishing a physician-patient relationship; and(2) compliance with all other applicable laws before prescribing, dispensing, delivering, or administering a dangerous drug or controlled substance, including, but not limited to, the Medical Practice Act and Texas Health and Safety Code, Chapters 481 and 483.(b) Requirements for Prescribing for Chronic Pain via Telemedicine. A physician must use audio and video two-way communication, unless the patient:(1) is an established pain patient of the prescribing physician;(2) receives a prescription identical to the prescription issued at the previous visit; and(3) was seen by the prescribing physician, or their delegate, in the last 90 days either;(A) in-person; or(B) by audio and video two-way communication.", "sourceNote": "Source Note: The provisions of this §175.3 adopted to be effective January 9, 2025, 50 TexReg 364." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223500", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "176", "label": "REPORTING MALPRACTICE CLAIMS" }, "rule": { "number": "§176.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223501", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Claim--any claim for damages with or without a lawsuit filed, against at physician relating to a departure from accepted standards of medical or health care.(b) Report--the information provided to the board, pursuant to §160.052 of the Act.(c) Settlement:(1) a payment made on a claim on which no lawsuit has been filed;(2) an agreement to settle a lawsuit on a claim for a specified amount;(3) a dismissal or non-suit of a lawsuit on a claim with no payment; or(4) a final judgment in a lawsuit on a claim entered by the trial court.", "sourceNote": "Source Note: The provisions of this §176.1 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223501", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "176", "label": "REPORTING MALPRACTICE CLAIMS" }, "rule": { "number": "§176.2", "label": "Required Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223502", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Chapter 160, Subchapter B, of the Act mandates that physicians and insurers have a duty to report healthcare liability and malpractice claims to the board.(b) The required report must be timely submitted by either the insurer or physician, in accordance with Chapters 160.052 and 160.053 of the Act.(c) Content of Report.(1) The information required to be reported by §160.053 of the Act, may be reported either on the board-approved Claims Report set out below or in an alternate format.(2) If an alternate format is used, the information must include at least the information required by the board-approved Claims Report.Attached Graphic", "sourceNote": "Source Note: The provisions of this §176.2 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223502", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "177", "label": "COMPLAINTS AND INVESTIGATIONS" }, "subchapter": { "number": "A", "label": "COMPLAINTS" }, "rule": { "number": "§177.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223503", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms shall have the following meanings in this Chapter unless the context clearly indicates otherwise.(1) Baseless or unfounded--not based on any evidence or fact.(2) Board--The Medical Board, Physician Assistants Board, Texas Board of Acupuncture Examiners, Respiratory Care Practitioners Board, Medical Radiological Technologists Board, Perfusionists Advisory Committee, and Medical Physicists Advisory Committee.", "sourceNote": "Source Note: The provisions of this §177.1 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223503", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "177", "label": "COMPLAINTS AND INVESTIGATIONS" }, "subchapter": { "number": "A", "label": "COMPLAINTS" }, "rule": { "number": "§177.2", "label": "Mandatory Complaint Notification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223504", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees must post the following public notifications on how to file complaints with the board:Attached GraphicAttached Graphic(b) The required notice must be:(1) displayed in a prominent location at a licensee's place of business, practice, or any location where physician supervision or delegation is required;(2) in English and Spanish of no less than 8½ inches by 11 inches in size;(3) no smaller than standard 24-point Times Roman print;(4) entirely in black print on white background; and(5) with no alterations, deletions, or additions to the language.(c) Licensees providing telemedicine must provide the required notice:(1) on a prominently displayed link on the provider website;(2) in a provider app, by recording, or in a bill for services;(3) in no less than a 10-point easily readable font; and(4) with no alterations, deletions, or additions to the language.", "sourceNote": "Source Note: The provisions of this §177.2 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223504", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "177", "label": "COMPLAINTS AND INVESTIGATIONS" }, "subchapter": { "number": "A", "label": "COMPLAINTS" }, "rule": { "number": "§177.3", "label": "Complaint Initiation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223505", "queryAsDate": "03/11/2026" }, "ruleBody": "A complaint must be made in writing and include:(1) the complainant's name and contact information;(2) the name of the licensee against whom the complaint is made;(3) the name and birth date of the patient or individual harmed, if applicable; and(4) the time/date and place of the alleged violation or action.", "sourceNote": "Source Note: The provisions of this §177.3 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223505", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "177", "label": "COMPLAINTS AND INVESTIGATIONS" }, "subchapter": { "number": "B", "label": "INVESTIGATIVE PROCESS" }, "rule": { "number": "§177.10", "label": "Preliminary Investigation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223506", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A preliminary investigation shall be conducted in accordance with §154.057 of the Act. Information gathered during a preliminary investigation may include:(1) the history of the licensee collected and maintained by the board, including prior board complaints and investigations, if any;(2) a National Practitioner's Data Bank report;(3) any additional information provided by the complainant, if needed; and(4) a response from the licensee, if requested by the board.(b) The preliminary investigation will determine if the complaint:(1) is jurisdictional;(2) is sufficient to open an official investigation;(3) should be dismissed; or(4) should be referred to another government agency.(c) Notwithstanding §154.051(d) and (d-1) of the Act, there is no statute of limitations to consider or act on complaints alleging non-standard of care violations or violations not covered under §22.011(b)(12) of the Texas Penal Code, including action by another state licensing entity or criminal conduct.", "sourceNote": "Source Note: The provisions of this §177.10 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223506", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "177", "label": "COMPLAINTS AND INVESTIGATIONS" }, "subchapter": { "number": "B", "label": "INVESTIGATIVE PROCESS" }, "rule": { "number": "§177.11", "label": "Official Investigation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223507", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the preliminary investigation shows that a complaint is jurisdictional and that there is probable cause to justify further investigation, the complaint will be filed with the board and an official investigation shall be conducted. Official investigations will be assigned a priority in accordance with §154.056(a)(1) of the Act.(b) Board staff will:(1) use the preliminary investigation information;(2) obtain any additional necessary information and documents to determine if a potential violation occurred;(3) utilize expert physician reviewers in accordance with §154.056(e) of the Act when the investigation relates to standard of care; and(4) issue subpoenas or requests for information to obtain information and documents.(A) Responses to these subpoenas or requests for information shall be provided to the board within fourteen calendar days from receipt of the subpoena or request for information.(B) The board may require responses to a subpoena or request for information in less than fourteen calendar days, based on individual circumstances.(c) Upon completion of the official investigation, the matter will be:(1) referred to the board's litigation department as a legal case; or(2) recommended for dismissal.", "sourceNote": "Source Note: The provisions of this §177.11 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223507&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223507", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "177", "label": "COMPLAINTS AND INVESTIGATIONS" }, "subchapter": { "number": "B", "label": "INVESTIGATIVE PROCESS" }, "rule": { "number": "§177.12", "label": "Appeal of Dismissal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223508", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A complainant may appeal the dismissal of a complaint. The appeal must:(1) be in writing;(2) be made within 90 days after receipt of the notice of the dismissal;(3) list the reason(s) for the appeal; and(4) provide information, if any, supporting the appeal.(b) The complainant will be given notice of the opportunity to make a statement about the appeal.(c) Only one appeal shall be allowed for each complaint.(d) The Disciplinary Process Review Committee shall hear the appeal and set time limits for complainants who make a statement to the committee.(e) Decisions on an appeal may be to:(1) deny the appeal and uphold the dismissal;(2) grant the appeal and continue the investigation; or(3) grant the appeal and the refer to an Informal Settlement Conference.", "sourceNote": "Source Note: The provisions of this §177.12 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223508&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223508", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "177", "label": "COMPLAINTS AND INVESTIGATIONS" }, "subchapter": { "number": "B", "label": "INVESTIGATIVE PROCESS" }, "rule": { "number": "§177.13", "label": "Probable Cause Guidelines for Requiring Mental or Physical Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223509", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §164.056 of the Act, a mental or physical examination of a licensee can be requested:(1) if an official complaint concerns allegations under §164.051(a)(4) of the Act and during the investigation:(A) there has been no treatment or other ongoing remedial actions to address the allegations; and(B) there is other evidence of the same or similar continuing conduct, including arrests, reports required under Chapter 160 of the Act, or receipt of multiple complaints or statements concerning the conduct; or(2) if, during an Informal Settlement Conference, the actions or statements of the licensee indicate probable cause that there may be a violation of §164.051(a)(4) of the Act. In such a situation, the Panel can:(A) defer the Informal Settlement Conference;(B) request a new complaint be opened alleging a violation of §164.051(a)(4) of the Act; or(C) order a mental or physical examination in accordance with §164.056 of the Act.(b) If a physical or mental examination is ordered, the Notice will include a general statement of the basis for seeking the examination.", "sourceNote": "Source Note: The provisions of this §177.13 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223509&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223509", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "177", "label": "COMPLAINTS AND INVESTIGATIONS" }, "subchapter": { "number": "C", "label": "EXPERT PANEL REVIEW" }, "rule": { "number": "§177.20", "label": "Qualifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223510", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements of §154.056(e) of the Act, an expert reviewer must also hold a current certification from the American Board of Medical Specialties, the Bureau of Osteopathic Specialists, or the American Board of Oral and Maxillofacial Surgery at the time of appointment as an expert reviewer.(b) The term of service of an expert reviewer is until:(1) resignation; or(2) removal for cause.", "sourceNote": "Source Note: The provisions of this §177.20 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223510", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "177", "label": "COMPLAINTS AND INVESTIGATIONS" }, "subchapter": { "number": "C", "label": "EXPERT PANEL REVIEW" }, "rule": { "number": "§177.21", "label": "Expert Reviewer Selection and Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223511", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Expert reviewers must:(1) be selected for review of an investigation at random;(2) be of the same or similar specialty for the area of practice that is the basis of the complaint;(3) be from a different geographic area than the physician under investigation, if possible; and(4) not have any conflict of interest.(b) An expert reviewer selected must immediately report any potential conflict of interest.(c) If no expert fully meets the selection criteria, the Medical Director, with advice from General Counsel, will determine which expert reviewer will be selected.(d) Each expert reviewer will:(1) issue a report in accordance with §§154.0561 and 154.058 of the Act; and(2) include the expert reviewer's area of specialty.(e) Agency staff must add the following statement to each expert reviewer report: \"PURSUANT TO §164.007 OF THE MEDICAL PRACTICE ACT, THIS DOCUMENT CONSTITUTES INVESTIGATIVE INFORMATION AND IS PRIVILEGED AND CONFIDENTIAL. THE EXPERT REVIEWER REPORTS (REPORTS) ARE STATUTORILY LIMITED FOR USE AT THE INFORMAL PROCEEDING ONLY, UNDER TEXAS OCCUPATIONS CODE, §164.003(f). THE REVIEWERS' REPORTS ARE REQUIRED TO BE PROVIDED TO THE LICENSEE UNDER §164.003(f). THE REPORTS REMAIN CONFIDENTIAL AND PRIVILEGED UNDER §§164.003(h) AND 164.007(c). THE REPORTS CANNOT BE RELEASED TO ANY PERSON OR ENTITY WITHOUT THE CONSENT OF THE BOARD. THE REPORTS CANNOT BE OFFERED, UTILIZED, OR SUBMITTED AS EVIDENCE OR DOCUMENTS IN A CONTESTED CASE PROCEEDING BEFORE THE STATE OFFICE OF ADMINISTRATIVE HEARINGS OR IN ANY LEGAL PROCEEDING.\"(f) Agency staff must add the following statement in bold letters to each expert reviewer report, when applicable, below the expert reviewer's specialty: \"This review involves Complementary or Alternative Medicine.\"", "sourceNote": "Source Note: The provisions of this §177.21 adopted to be effective January 9, 2025, 50 TexReg 365." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223511", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "A", "label": "DEFINITIONS" }, "rule": { "number": "§179.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223512", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:(1) Address of record--The last known mailing address of each licensee or applicant, as provided to the board pursuant to the Act.(2) Appear; Appearance--An opportunity to present and be heard at an Informal Settlement Conference (ISC) via videoconference. A respondent who cannot utilize videoconference may request to appear via teleconference. Licensees are entitled to all substantive and procedural rights delineated in the Medical Practice Act.(3) Authorized representative--A person who has been designated in writing by a party to represent the party at a board proceeding, including an attorney of record.", "sourceNote": "Source Note: The provisions of this §179.1 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223512", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "B", "label": "REPORTING REQUIREMENTS" }, "rule": { "number": "§179.5", "label": "Reports to Outside Entities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223513", "queryAsDate": "03/11/2026" }, "ruleBody": "The board reports all actions in accordance with applicable federal and state statutes, rules, and National Practitioner Data Bank (NPDB) guidelines.", "sourceNote": "Source Note: The provisions of this §179.5 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223513", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "C", "label": "PRE-SETTLEMENT CONFERENCE RESOLUTION PROCESS" }, "rule": { "number": "§179.10", "label": "Quality Assurance Panel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223514", "queryAsDate": "03/11/2026" }, "ruleBody": "Prior to convening an Informal Settlement Conference, a Quality Assurance Panel (QAP) may offer resolution of certain complaints.(1) The QAP is composed of board members or district review committee members as well as board staff members.(2) Complaints presented to the QAP can be returned to investigations, offered a Remedial Plan, offered an Agreed Order, recommended for dismissal, or set for an Informal Settlement Conference.(3) Recommendations for dismissal will be presented to the Disciplinary Process Review Committee for consideration.(4) Offers of a Remedial Plan or Agreed Order by QAP will be sent to the licensee for consideration.(A) If accepted by the licensee, the Remedial Plan or Agreed Order will be presented to the board for consideration and approval.(B) If the offer is rejected or is not returned timely, the matter will continue to an Informal Settlement Conference.", "sourceNote": "Source Note: The provisions of this §179.10 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223514", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "D", "label": "INFORMAL SETTLEMENT CONFERENCE" }, "rule": { "number": "§179.15", "label": "Informal Settlement Conference (ISC) Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223515", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board's notice and procedural rules for ISCs hereby incorporate the requirements outlined in §164.003(b) of the Act.(b) The notice of the ISC shall:(1) be sent to the licensee and the complainant(s) in writing at least 45 days prior to the date of the scheduled ISC;(2) include a statement that appearance at the ISC shall be via videoconference;(3) include a written statement of the nature of the allegations and a copy of the information the board intends to use at the ISC; and(4) be provided via email or other verifiable means.(c) The licensee may file responsive information with board staff up until 15 days before the date of the ISC. Any information furnished later may, but is not required to, be considered at the time of the ISC.(d) A licensee may request for the ISC to be recorded. Such a request must be made in writing at least 15 days prior to the date of the ISC. The recording is confidential under §164.007(c) of the Act. Independent recording of an ISC is prohibited.(e) Requests for a continuance or rescheduling of an ISC.(1) Requests must:(A) be in writing;(B) be made within five business days of the initial notice of the ISC; and(C) explain the basis for the request including supporting documentation, if any.(2) A request made more than five business days after the licensee received notice of the date of the ISC will be considered on a case-by-case basis for good cause.(3) Requests shall be forwarded to General Counsel to grant or deny the request, and General Counsel shall notify the licensee of the determination.", "sourceNote": "Source Note: The provisions of this §179.15 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223515", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "D", "label": "INFORMAL SETTLEMENT CONFERENCE" }, "rule": { "number": "§179.16", "label": "Conduct of the Informal Settlement Conference (ISC)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223516", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to the requirements of Chapter 164 of the Act, the following provisions apply to the conduct of ISCs:(1) All appearances at an ISC shall be via videoconference or teleconference.(2) The complainant shall be invited to make an oral statement at the ISC. Only the panel members and hearings counsel may address the Complainant.(3) The board's staff attorney and the licensee and/or the licensee's representative may discuss the investigation with and present pre-filed information to the panel.(b) After discussion with the parties, the panel may deliberate in private and then recommend resolution as allowed under Chapter 164 of the Act, including, but not limited to:(1) dismissal;(2) remedial plan;(3) agreed order with terms and conditions, including allowable administrative penalties;(4) referral to the State Office of Administrative Hearings (SOAH);(5) deferral for further information; or(6) other allowed actions, including consideration of a temporary suspension.(c) If an agreed order is recommended, limited post-ISC negotiation with the panel is allowed as follows:(1) only a single comprehensive proposal by the licensee or the licensee's representative is allowed;(2) the licensee's proposal must be in writing and provided to the board's staff attorney assigned to the ISC; and(3) board staff may communicate directly with the board representative(s) after the ISC for the purpose of discussing settlement of the case.(d) All recommendations for dismissal and remedial plans or agreed orders that are accepted and signed by the licensee will be presented to the board for consideration and possible approval.(e) A remedial plan may not be entered into to resolve an investigation of a complaint once a SOAH complaint or petition has been filed.", "sourceNote": "Source Note: The provisions of this §179.16 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223516", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "E", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§179.20", "label": "Notice of Oral Argument" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223517", "queryAsDate": "03/11/2026" }, "ruleBody": "After the issuance of a proposal for decision by the State Office of Administrative Hearings (SOAH), all parties shall be given notice of the opportunity to attend and provide oral argument concerning the proposal for decision before the board. Notice shall be sent to the party or the party's attorney of record as set out in Texas Government Code, §2001.142(a).", "sourceNote": "Source Note: The provisions of this §179.20 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223517", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "F", "label": "TEMPORARY SUSPENSION OR RESTRICTION PROCEEDINGS" }, "rule": { "number": "§179.25", "label": "Temporary Suspension or Restriction Hearing Without Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223518", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the board has reason to believe a licensee is a \"continuing threat,\" a disciplinary proceeding will be held as soon as practicable in accordance with §164.059 of the Act or §164.0595 of the Act, as applicable.(b) The three-member panel must include at least one physician.(c) In determining a continuing threat, a panel will consider:(1) the definition of continuing threat to the public welfare, as defined by §151.002 of the Act;(2) the actions or inaction of the licensee;(3) whether the public harm alleged is more than abstract, hypothetical, or remote; and(4) whether there have been prior complaints, investigations, or discipline of the same or similar nature against the licensee.(d) A member of the General Counsel staff shall act as hearings counsel and assist the panel as follows:(1) provision of advice on legal processes and procedural issues including evidentiary rulings;(2) asking questions to clarify issues during the proceedings; and(3) being present during deliberations of the panel for legal advice as needed.", "sourceNote": "Source Note: The provisions of this §179.25 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223518", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "F", "label": "TEMPORARY SUSPENSION OR RESTRICTION PROCEEDINGS" }, "rule": { "number": "§179.26", "label": "Temporary Suspension or Restriction Hearing With Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223521", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A With-Notice Hearing shall include activities such as opening statements, admission of evidence, calling and examining witnesses, closing arguments, panel deliberation, and announcement of the panel's decision. The panel has discretion over setting time limits and evidentiary determinations.(b) Evidence will be considered under a relaxed standard described in §2001.081 of the Texas Government Code, including information of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs, necessary to ascertain facts not reasonably susceptive of proof under formal rules of evidence rules, and not precluded by statute.(c) The following applies to filing of documents by parties:(1) All documentary evidence must be filed in electronic format;(2) Staff's documentary evidence will accompany the Notice of Hearing;(3) The licensee's documentary evidence must be filed at least by 9:00 a.m. on the business day before the time of the hearing; and(4) Evidence filed by either party less than 24 hours before the hearing will be considered at panel's discretion.(d) For purposes of suspension or restriction under §164.0595(e) of the Act, final disposition of a criminal case includes evidence of a:(1) final, non-appealable conviction;(2) acceptance and entry of a plea agreement;(3) dismissal;(4) acquittal; or(5) successful completion of a deferred adjudication.(e) A suspension or restriction hearing is ancillary to the ISC or other subsequent hearings described in §164.059 of the Act and may not be enjoined under §164.011(c) of the Act.(f) Because the express statutory authority in §164.059 of the Act provides a comprehensive post-suspension hearing process, the requirements of §2001.054(c-1) of the Texas Government Code do not apply.", "sourceNote": "Source Note: The provisions of this §179.26 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223521", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "G", "label": "SUSPENSION BY OPERATION OF LAW" }, "rule": { "number": "§179.30", "label": "Automatic Suspensions Based upon Felony Conviction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223520", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purpose of this Section, an initial conviction occurs when there has been an adjudication of guilt of the offense charged, including, but not limited to, a finding of guilt by a jury or judge. A final conviction occurs when there has been an adjudication of guilt and a judgment entered.(b) Once a licensee has been initially convicted of an offense under §164.057 of the Act or has been incarcerated under §164.058 of the Act, or any other applicable law, the Executive Director or their designee shall:(1) immediately suspend the physician's licensee; and(2) notify the licensee or the licensee's representative of the suspension by the most appropriate method;(c) Upon notice to the board of a licensee's final conviction under §164.057 of the Act:(1) the licensee's license shall be revoked; and(2) the licensee or the licensee's representative shall be notified of the revocation by the most appropriate method.", "sourceNote": "Source Note: The provisions of this §179.30 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223520", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "H", "label": "CEASE AND DESIST ORDERS" }, "rule": { "number": "§179.35", "label": "Cease and Desist Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223522", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §165.052 of the Act, a Cease and Desist hearing regarding the unlicensed practice of medicine by an individual shall be conducted in the same manner as an Informal Settlement Conference, including notice, but with the following modifications:(1) The hearing shall be considered an open meeting and notice of the hearing will be posted with the Texas Secretary of State as required by applicable law.(2) A minimum of 10 days' notice prior to the date of the hearing shall be provided to the individual charged with the unlicensed practice of medicine.(3) The hearing shall be recorded.(4) The Executive Director has been delegated authority to issue a Cease and Desist Order signed by the Chair of the Cease and Desist hearing, if directed by the panel.(b) An individual notice of a Cease and Desist hearing may resolve the matter prior to the hearing by entering into an agreed Cease and Desist order. The authority to sign the authority to the Executive Director is immediately effective when signed by the Executive Director.(c) If the unlicensed practice of medicine continues after entrance of an order, the Board may pursue further action as authorized by law and make referrals of the matter as appropriate including to law enforcement agencies.", "sourceNote": "Source Note: The provisions of this §179.35 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223522", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "179", "label": "PROCEDURAL RULES" }, "subchapter": { "number": "I", "label": "OUT-OF-NETWORK BILLING" }, "rule": { "number": "§179.40", "label": "Out-of-Network Billing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223523", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §1467.003 of the Texas Insurance Code, complaints of bad faith participation shall be investigated in the same manner as all other complaints.(b) In accordance with §1467.151 of the Texas Insurance Code, the following applies to consumer complaints other than bad faith participation:(1) priority is given to investigations alleging delayed health care or medical care;(2) investigations are conducted in the same manner as all other complaints; and(3) the matter may be resolved in accordance with all applicable Board statutes and rules.", "sourceNote": "Source Note: The provisions of this §179.40 adopted to be effective January 9, 2025, 50 TexReg 369." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223523", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "180", "label": "DISCIPLINARY GUIDELINES" }, "subchapter": { "number": "A", "label": "VIOLATION GUIDELINES" }, "rule": { "number": "§180.1", "label": "Violation Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223524", "queryAsDate": "03/11/2026" }, "ruleBody": "When substantiated by credible evidence, the following acts, practices, and conduct are considered to be violations of the Medical Practice Act (\"the Act\") and are not an exhaustive or exclusive listing:(1) Practice inconsistent with public health and welfare. Failure to practice in an acceptable professional manner consistent with public health and welfare within the meaning of the Act includes, but is not limited to:(A) failure to treat a patient according to the generally accepted standard of care;(B) negligence in performing medical services;(C) failure to use proper diligence in one's professional practice;(D) failure to safeguard against potential complications;(E) improper utilization review;(F) failure to timely respond in person when on-call or when requested by emergency room or hospital staff;(G) failure to disclose reasonably foreseeable side effects of a procedure or treatment;(H) failure to disclose reasonable alternative treatments to a proposed procedure or treatment;(I) failure to obtain informed consent from the patient or other person authorized by law to consent to treatment on the patient's behalf before performing tests, treatments, procedures, or autopsies as required under Chapter 49 of the Code of Criminal Procedure;(J) termination of patient care without providing reasonable notice to the patient;(K) prescription or administration of a drug in a manner that is not in compliance with the standards for physicians practicing complementary and alternative medicine or that is either not approved by the Food and Drug Administration (FDA) for use in human beings or does not meet standards for off-label use, unless an exemption has otherwise been obtained from the FDA, as applicable; or(L) inappropriate prescription of dangerous drugs or controlled substances to oneself, family members, or others in which there is a close personal relationship that would include the following:(i) prescribing or administering dangerous drugs or controlled substances without taking an adequate history, performing a proper physical examination, and creating and maintaining adequate records; or(ii) prescribing controlled substances in the absence of immediate need. \"Immediate need\" shall be considered no more than 72 hours.(2) Unprofessional or dishonorable conduct likely to injure the public. Unprofessional or dishonorable conduct that is likely to injure the public within the meaning of the Act includes, but is not limited to:(A) violating a board order;(B) failing to comply with a board subpoena or request for information or action;(C) providing false information to the board;(D) failing to cooperate with board staff;(E) engaging in sexually inappropriate contact or behavior directed towards a patient, patient's family, other licensees, hospital personnel, or other medical personnel in a medical setting;(F) behaving in an abusive or assaultive manner towards a patient or the patient's family or representatives;(G) failing to timely respond to communications from a patient;(H) failing to complete the required amounts of Continuing Medical Education (CME);(I) failing to maintain the confidentiality of a patient;(J) failing to report suspected abuse of a patient by a third party, when the report of that abuse is required by law; or(K) behaving in a disruptive manner toward licensees, hospital personnel, other medical personnel, patients, family members of patients or others.(3) Unprofessional or dishonorable conduct likely to deceive or defraud the public. Unprofessional or dishonorable conduct that is likely to deceive or defraud the public, within the meaning of the Act includes, but is not limited to:(A) becoming financially or personally involved with a patient in an inappropriate manner;(B) referring a patient to an entity, such as a facility, laboratory, or pharmacy without disclosing the existence of the licensee's financial interest in the entity to the patient;(C) using false, misleading, or deceptive advertising;(D) interfering with an investigation, such as contacting or attempting to contact a complainant, witness, medical peer review committee member, or professional review body regarding statements or information provided to the board for purposes of intimidation, harassment or demanding to withdraw cooperation from the board;(E) providing medically unnecessary services to a patient; or(F) a physician or an employee or representative of a physician submitting a billing statement to a patient or a third-party payer that is false or fraudulent, misrepresents services provided, or otherwise does not meet professional standards.(4) Disciplinary action by peer groups. A voluntary relinquishment of privileges, agreement to not renew privileges, or a failure to renew privileges with a hospital, medical staff, or medical association or society while an investigation or disciplinary action is pending or is on appeal, constitutes disciplinary action that is appropriate and reasonably supported by evidence submitted to the board, within the meaning of the Act.(5) Repeated or recurring meritorious health care liability claims evidencing professional incompetency likely to injure the public. Repeated or recurring meritorious health care liability claims evidencing professional incompetency likely to injure the public means three or more claims made in a five-year period within the last seven years that were resolved by either a judicial decision or settlement for at least $100,000.00 with the consent of the physician.(6) Disciplinary action by another state board. A voluntary surrender of a license in lieu of disciplinary action or while an investigation or disciplinary action is pending constitutes disciplinary action within the meaning of the Act and may be considered the equivalent of a revocation.(7) Discipline based on criminal conviction.(A) Initial conviction. An initial conviction occurs when there has been adjudication of guilt of the offense charged including, but not limited to, a finding of guilt by a jury or judge, or a plea.(B) Final conviction. A final conviction means a non-appealable finding of guilt.", "sourceNote": "Source Note: The provisions of this §180.1 adopted to be effective January 9, 2025, 50 TexReg 375." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223524", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "180", "label": "DISCIPLINARY GUIDELINES" }, "subchapter": { "number": "B", "label": "SANCTION GUIDELINES" }, "rule": { "number": "§180.5", "label": "Sanction Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223530", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The standard sanctions outlined in this subsection provide a range from \"Low Sanction\" to \"High Sanction.\"(b) The board may impose more or less severe or restrictive sanctions, based on any aggravating or mitigating factors that are found to apply in a particular case.(1) The following may be considered as aggravating factors:(A) harm to one or more patients;(B) the severity of patient harm;(C) one or more violations that involve more than one patient;(D) economic harm to any individual or entity and the severity of such harm;(E) increased potential for harm to the public;(F) attempted concealment of the act constituting a violation;(G) intentional, premeditated, knowing, or grossly negligent act constituting a violation;(H) prior similar violations;(I) previous disciplinary action by the board, any government agency, peer review organization, or health care entity;(J) violation of a board order; or(K) other relevant circumstances increasing the seriousness of the misconduct.(2) The following may be considered as mitigating factors: (A) self-reported and voluntary admissions of violation(s); (B) implementation of remedial measures to correct or mitigate harm from the violation(s);(C) acknowledgment of wrongdoing and willingness to cooperate with the board, as evidenced by acceptance of an agreed order;(D) rehabilitative potential;(E) prior community service and present value to the community;(F) participation in a continuing medical education course described in §161.35 of this title completed not more than two years before the start of the investigation, if the physician is being investigated by the board regarding the physician's selection of clinical care for the treatment of tick-borne diseases;(G) other relevant circumstances reducing the seriousness of the misconduct; or(H) other relevant circumstances lessening responsibility for the misconduct.(c) The maximum sanction in all cases is revocation of the licensee's license. (d) For remedial plans in which continuing medical education is recommended, a minimum of four hours in each appropriate topic addressing the violation(s) is the recommended hour requirement. For agreed orders in which continuing medical education is recommended, a minimum of eight hours in each appropriate topic addressing the violation(s) is the recommended hour requirement. (e) Remedial plans will include a fee related to the enforcement costs, in the amount of $500.00.(f) Administrative penalties may be required in the amount between $1,000.00 up to $5,000.00 per violation. In accordance with §165.003 of the Act, each day the violation continues is a separate violation.(g) Each statutory violation constitutes a separate offense, even if arising out of a single act.(h) For any violation of the Act that is not specifically mentioned in this rule, the board shall apply a sanction that generally follows the spirit and scheme of the sanctions outlined in this rule.Attached Graphic", "sourceNote": "Source Note: The provisions of this §180.5 adopted to be effective January 9, 2025, 50 TexReg 375." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223530", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "181", "label": "COMPLIANCE PROGRAM" }, "rule": { "number": "§181.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223531", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the contents clearly indicate otherwise:(1) Licensee--A person to whom the board or an advisory board or committee of the board has issued a license, permit, certificate, approved registration, or similar form of permission authorized by law.(2) Monitoring physician--A licensed Texas physician who conducts reviews of medical/billing records and/or conducts onsite reviews and periodically reports in writing to the board on the licensee's compliance.(3) Toll--To extend the term of an order for any period of time that:(A) a licensee practices exclusively outside the State of Texas;(B) a licensee's license is cancelled for nonpayment of licensure fees;(C) the order is stayed or enjoined by court order; or(D) is longer than 60 consecutive days that a licensee does not actively practice medicine.", "sourceNote": "Source Note: The provisions of this §181.1 adopted to be effective January 9, 2025, 50 TexReg 376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223531", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "181", "label": "COMPLIANCE PROGRAM" }, "rule": { "number": "§181.2", "label": "General Compliance Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223532", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All licensees who are subject to non-disciplinary or disciplinary action must submit to compliance monitoring.(b) All terms and conditions of a non-disciplinary or disciplinary action are binding and enforceable.(c) Licensees are solely responsible for timely providing to the board all requested or required documentation of compliance.(d) Licensees must maintain current contact information with the board, through board approved processes, including:(1) work address(es);(2) home address;(3) work and cell telephone number(s), and(4) electronic mail address.(e) Any change to the required contact information must be reported to the board no later than ten calendar days after the effective date of the change.(f) A compliance file is considered investigative and is confidential and subject to the provisions of §164.007(c) of the Act.", "sourceNote": "Source Note: The provisions of this §181.2 adopted to be effective January 9, 2025, 50 TexReg 376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223532", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "181", "label": "COMPLIANCE PROGRAM" }, "rule": { "number": "§181.3", "label": "Compliance Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223525", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The compliance officer shall provide notice to the licensee of an initial meeting to review terms and conditions of the non-disciplinary or disciplinary action and the compliance process.(b) At the initial meeting, the compliance officer will provide the licensee with a copy of the non-disciplinary or disciplinary action and other written information, including protocols for compliance with each term and condition.(c) The compliance officer will meet with the licensee on a periodic and random basis and provide ongoing compliance reviews. The compliance reviews may be unannounced. The meetings may be conducted at a practice location or other location to verify compliance, and the time, date, and location of all visits are to be determined by staff unless otherwise agreed to by staff.", "sourceNote": "Source Note: The provisions of this §181.3 adopted to be effective January 9, 2025, 50 TexReg 376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223525", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "181", "label": "COMPLIANCE PROGRAM" }, "rule": { "number": "§181.4", "label": "Determination of Non-Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223526", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to failing to comply with a term or condition of a non-disciplinary or disciplinary action, the following are also considered violations:(1) failure to cooperate with board representatives, including:(A) failing to promptly respond to communications;(B) interference with board representatives that compromises or prevents them from fulfilling duties and responsibilities; or(C) any harassing or threatening conduct directed toward board representatives.(2) failure to timely submit a required report, unless a licensee presents evidence of good faith efforts to ensure the timely submission of reports.", "sourceNote": "Source Note: The provisions of this §181.4 adopted to be effective January 9, 2025, 50 TexReg 376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223526", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "181", "label": "COMPLIANCE PROGRAM" }, "rule": { "number": "§181.5", "label": "Enforcement Process for Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223527", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a compliance officer identifies potential non-compliance, the Informal Settlement Conference (ISC) processes under Chapter 179 of this title will apply, except:(1) the notice of the ISC to the licensee must be provided at least ten days prior to the date of the ISC, and(2) any information the licensee wants considered at the ISC must be received by the board at least five days prior to the date of the ISC.(b) To resolve violations of an order or remedial plan, a licensee may waive appearance at an ISC, and accept a settlement agreement approved by the Executive Director or their designee.", "sourceNote": "Source Note: The provisions of this §181.5 adopted to be effective January 9, 2025, 50 TexReg 376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223527", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "181", "label": "COMPLIANCE PROGRAM" }, "rule": { "number": "§181.6", "label": "Modification and Termination Process for Disciplinary Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223528", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to be eligible to submit the modification or termination request, the licensee must not be subject to a pending complaint, investigation, or board proceeding.(b) The timing of the initial modification or termination request will be specified in the disciplinary order.(c) Requests must be in writing and explain the basis for the request.(d) If a licensee is determined to be eligible for modification or termination, an informal meeting will be scheduled for consideration of the request by a board representative panel. The meeting, will be conducted in a manner similar to an ISC; except that the burden is on the licensee to demonstrate grounds such as:(1) a significant change in circumstances;(2) an unanticipated, unique, or undue hardship as a result of the board action, but not the denial of insurance coverage or an adverse action taken by a medical specialty board; or(3) any other relevant considerations.(e) If at any time prior to final approval of the modification or termination request, the licensee becomes ineligible for any reason, the pending action will be cancelled, including any scheduled informal meeting to consider the request or board meeting to consider the recommendation.(f) Subsequent requests can only be made once a year after the effective date of any order granting or denying modification or termination of the original order.(g) Remedial plans are not allowed to be modified. Termination is automatic upon successful completion of the terms and conditions of the remedial plan.", "sourceNote": "Source Note: The provisions of this §181.6 adopted to be effective January 9, 2025, 50 TexReg 376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223528", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "181", "label": "COMPLIANCE PROGRAM" }, "rule": { "number": "§181.7", "label": "Automatic Termination of a Disciplinary Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223529", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An order may be automatically terminated if specified in an order or upon successful completion.(b) Successful completion of an order means:(1) the compliance officer has verified timely completion of all terms and conditions of the order;(2) there is no board complaint, investigation, or action pending related to violation of the order; and(3) the order is not in tolled status, including partial tolling.(c) When successful completion is verified, a written Notice of Termination of the Order will be issued.", "sourceNote": "Source Note: The provisions of this §181.7 adopted to be effective January 9, 2025, 50 TexReg 376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223529", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "181", "label": "COMPLIANCE PROGRAM" }, "rule": { "number": "§181.8", "label": "Recommendation for Competency Assessment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223533", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A third-party monitor may recommend that the licensee complete a competency evaluation if they have a good faith belief the individual poses a continuing threat.(b) A recommendation must be reviewed and approved by the Chair of the Disciplinary Process and Review Committee (DPRC).(c) If approved, the following procedure applies:(1) the compliance officer will notify the licensee of the evaluation;(2) the approved program must send a written report regarding the performance and results of evaluation directly to the compliance officer;(3) upon completion of the competency evaluation, the licensee may be required to appear before a panel of board representatives;(A) Informal Settlement Conference (ISC) processes under Chapter 179 of this title will apply to these appearances, except:(i) the notice of the ISC to review the competency assessment must be provided to the licensee at least ten days prior to the date of the ISC; and(ii) any information the licensee wants considered at the ISC must be received at least five days prior to the date of the ISC.(4) Nothing in this paragraph limits the board's authority to conduct a temporary restriction or suspension proceeding under §164.059 of the Act.(5) The panel may make recommendations for appropriate action, including but not limited to:(A) a requirement to follow all the program recommendations,(B) necessary re-training;(C) re-education measures;(D) practice restrictions; or(E) a recommendation to convene temporary restriction or suspension proceedings if a continuing threat is identified.", "sourceNote": "Source Note: The provisions of this §181.8 adopted to be effective January 9, 2025, 50 TexReg 376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223533", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "182", "label": "TEXAS PHYSICIAN HEALTH PROGRAM" }, "rule": { "number": "§182.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223534", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Agency--the Texas Medical Board and its advisory boards and committees.(2) Agreement--a contract entered into between a participant and the TXPHP, detailing the terms of participant monitoring by TXPHP.(3) Program or TXPHP--the Texas Physician Health Program.", "sourceNote": "Source Note: The provisions of this §182.1 adopted to be effective January 9, 2025, 50 TexReg 377." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223534", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "182", "label": "TEXAS PHYSICIAN HEALTH PROGRAM" }, "rule": { "number": "§182.2", "label": "Governing Board and Physician Health and Rehabilitation Advisory Committee Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223535", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Appointment of Governing Board. The president of the Medical Board shall appoint a Governing Board of:(1) 11 qualified individuals with appropriate experience as follows:(A) six doctors of medicine (M.D.) licensed in Texas;(B) two doctors of osteopathic medicine (D.O.) licensed in Texas;(C) one physician assistant licensed in Texas for at least five years;(D) one mental health professional licensed in Texas; and(E) one public member who meets the requirements of §152.003 of the Act.(2) The president of the Medical Board shall appoint the president of the Governing Board(3) Members shall serve staggered six-year terms and may be reappointed.(4) Any vacancies that occur are filled by the president of the Medical Board.(b) Appointment of the Physician Health and Rehabilitation Advisory Committee (\"Advisory Committee\"). In accordance with §167.004 of the Act, the Governing Board appoints an Advisory Committee.(1) The Advisory Committee shall be composed of a minimum of three physicians licensed in Texas with appropriate experience.(2) The members serve staggered six-year terms at the pleasure of the Governing Board.(3) Any vacancies that occur shall be filled by the Governing Board.(c) Grounds for Removal. A member may be removed from the Governing Board or Advisory Committee if:(1) grounds for removal exist under §152.006 of the Act; or(2) the member fails to meet standards of professional conduct described in §160.2 of this title (relating to Functions and Duties).(d) Conflicts of Interest.(1) Governing Board and Advisory Committee members should avoid conflicts of interest and recuse themselves from participating in matters or decisions that represent such conflicts.(2) Members must recuse themselves in any matter or decision relating to a participant that the member has treated or is currently treating.", "sourceNote": "Source Note: The provisions of this §182.2 adopted to be effective January 9, 2025, 50 TexReg 377." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223535", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "182", "label": "TEXAS PHYSICIAN HEALTH PROGRAM" }, "rule": { "number": "§182.3", "label": "Operation of the Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223536", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Memorandum of Understanding (MOU) with the Medical Board shall be adopted by the Governing Board. The MOU is required to be reviewed as part of the program's internal audit in accordance with Chapter 167 of the Act.(b) Referrals.(1) Referrals to the program shall be accomplished in accordance with Chapter 167 of the Act.(2) The program may accept a self-referral from an individual with credentials acceptable to the program, applicant for licensure with the Agency, or licensee of the Agency, or a referral from an individual, a physician health and rehabilitation committee, a physician assistant organization, a state physician health program, an education program, a hospital or hospital system licensed in this state, a residency program, or the Agency.(3) Agency referrals to the program may be public or private.(4) Notwithstanding §167.0015 of the Act, the program may accept a referral from the board following a TMB investigation related to impairment resulting in a violation of the standard of care or the commission of a boundary violation. The referral to the program is solely for any impairment issue, and TMB will address disciplinary issues, if any, related to the standard of care violation or the commission of a boundary violation. A self-referral by an individual accused of a standard of care or boundary violation does not prohibit investigation by TMB for the standard of care or boundary violation.(c) Eligibility Determinations.(1) The Medical Director, designee of the Medical Director, or Governing Board president shall meet with a referred individual to determine eligibility for the program. The eligibility determination may be delegated to another qualified medical professional as necessary. This meeting with the referred individual may be waived if the Medical Director determines that good cause exists.(2) A referred individual may be requested to undergo a clinically appropriate evaluation as either a condition for eligibility or as a term of an agreement. Refusal to undergo an evaluation may be referred to the Agency.(d) Case Advisory Panel.(1) The Case Advisory Panel is appointed by the president of the Governing Board to assist and advise the Medical Director, as needed, in eligibility determinations or monitoring recommendations. The Case Advisory Panel consists of the president, secretary, and one other Governing Board member.(2) The Governing Board member is appointed on a four-month rotating basis.(3) Cases reviewed by the Case Advisory Panel shall be reported on at the next scheduled meeting of the Governing Board.(e) Agreements.(1) Agreements are effective upon signature by the program participant and are subject to review by the Governing Board.(2) Agreements between participants and the program may include, but are not limited to, the following terms and conditions:(A) abstinence from prohibited substances and drug testing;(B) agreement to not treat one's own self, family, or friends;(C) agreement to not receive treatment from family or friends;(D) participation in mutual support groups, such as Alcoholics Anonymous;(E) participation in support groups for recovering professionals, such as Caduceus and International Doctors in Alcoholics Anonymous (IDAA);(F) worksite monitoring;(G) practice restrictions; or(H) treatment by an appropriate health care provider.(f) Drug and alcohol testing of participants shall be provided by a vendor using protocols approved by the Medical Board.", "sourceNote": "Source Note: The provisions of this §182.3 adopted to be effective January 9, 2025, 50 TexReg 377." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223536", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "182", "label": "TEXAS PHYSICIAN HEALTH PROGRAM" }, "rule": { "number": "§182.4", "label": "Authority for the Program to Accept Gifts, Grants, and Donations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223586", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subsection is set forth pursuant to §167.013 of the Act, which allows the Governing Board to receive a donation for the program.(b) Texas Government Code, Chapter 572, governs the standards of conduct between the Governing Board, program, and donors.(c) The Governing Board may not accept donations from individual applicants for a license or licensees under the Texas Medical Board's jurisdiction.(d) In order for donations to be considered by the Governing Board:(1) the donor must complete a form required by the Governing Board providing information including a description of the donation, the purpose, and any restrictions;(2) the donation's purpose may not be for the funding of employee positions or services; and(3) the donation must be considered in an open meeting by a majority of the members of the Governing Board and, if accepted, reported in the minutes including the name of the donor, and the purpose and a description of the donation.(e) Following acceptance of the donation by the Governing Board, the donor and the program shall execute a donation agreement, which includes:(1) a description of the donation, including a statement of the value;(2) a statement by the donor attesting to the donor's ownership rights in the donation and the donor's authority to make the donation;(3) a signature of the donor or designee;(4) a signature of the program designee;(5) restrictions on the use of the donations, if any;(6) the mailing address of the donor and principal place of business if the donor is a business entity;(7) a statement identifying any official relationship between the donor and the program; and(8) a statement advising the donor the lack of tax-deductible status and to seek legal and/or tax advice from its own legal counsel.(f) Monetary donations will be deposited and disbursed in accordance with the General Appropriations Act and for the purpose specified by the donor, and in accordance with any local, state, and federal laws. In no event will donations be used for purposes not within the program's statutory authority.(g) Conflict of Laws. These rules shall not conflict with a requirement of a statute regulating the conduct of an officer or employee of the program or the procedures of the program. In the event there appears to be a conflict between these rules and a state statute, the state statute controls.", "sourceNote": "Source Note: The provisions of this §182.4 adopted to be effective January 9, 2025, 50 TexReg 377." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223586", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "A", "label": "PHYSICIAN ASSISTANT BOARD" }, "rule": { "number": "§183.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223587", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Act--The Physician Assistant Licensing Act, Texas Occupations Code, Chapter 204.(2) Board or the \"Physician Assistant Board\"--The Texas Physician Assistant Board.(3) Medical Practice Act--Texas Occupations Code, Title 3, Subtitle B, as amended.", "sourceNote": "Source Note: The provisions of this §183.1 adopted\r\nto be effective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223587", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "A", "label": "PHYSICIAN ASSISTANT BOARD" }, "rule": { "number": "§183.2", "label": "Functions and Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223588", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §204.101 of the Act, board duties and functions include:(1) establishing standards for the practice of physician assistants;(2) regulating physician assistants through licensure and discipline;(3) receiving complaints and investigating possible violations of the Act and the board rules;(4) reviewing, modifying, proposing, and adopting rules;(5) considering, reviewing, and approving policy as necessary; and(6) acting as a resource concerning proposed legislative changes to reflect current medical and healthcare needs and practices.(b) Individual board members are required to:(1) identify and disclose any conflicts of interest that may interfere with carrying out their duties and functions or that may impede their ability to be fair and impartial, and recuse from such matters;(2) comply with the Act;(3) maintain the highest levels of professional and ethical conduct, including, but not limited to:(A) A board member shall not appear as an expert witness in any case in which a licensee of the board is a party and in which the expert testimony relates to standard of care or professional malpractice;(B) A board member shall not appear in any administrative proceeding involving the exercise of the board's licensing or disciplinary authority before the board or the State Office of Administrative Hearings (SOAH) in which proceeding a licensee of the board is a party;(C) A board member should refrain from making any statement that implies that the board member is speaking for the board if the board has not voted on an issue or, unless the board has given the board member such authority; and(4) A board member shall immediately disclose if they are subject to a non-disciplinary or disciplinary action by any health care facility or professional licensing entity.(c) Failure to comply with any of the requirements set forth in the Act or this section will be reported to the Office of the Governor.", "sourceNote": "Source Note: The provisions of this §183.2 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223588", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "A", "label": "PHYSICIAN ASSISTANT BOARD" }, "rule": { "number": "§183.3", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may meet up to four times a year, with a minimum of two times a year, to carry out the mandates of the Act.(b) Board and Committee meetings shall be conducted in compliance with Texas Government Code, Chapter 551, and, to the extent possible, pursuant to the provisions of Robert's Rules of Order Newly Revised.(c) Special meetings may be called by the presiding officer of the board or by resolution of the board.(d) The board may act only by majority vote of its members present and voting. Proxy votes are not allowed.", "sourceNote": "Source Note: The provisions of this §183.3 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223589", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "A", "label": "PHYSICIAN ASSISTANT BOARD" }, "rule": { "number": "§183.4", "label": "Standing Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223590", "queryAsDate": "03/11/2026" }, "ruleBody": "The Standing Committees of the board are as follows:(1) Disciplinary Committee:(A) reviews and makes recommendations to resolve complaints, close investigations, dismiss cases, and hears complainant appeals;(B) recommends, reviews, and develops improvements of the disciplinary process, rules, policies, and other related matters; and(C) receives reports on enforcement activities and statistical information.(2) Licensure Committee:(A) reviews applications and makes recommendations, based on eligibility criteria for licensure of physician assistants;(B) recommends, reviews, and develops changes to the licensure process, rules, policies, and other related matters as necessary; and(C) maintains communication with Texas physician assistant programs.", "sourceNote": "Source Note: The provisions of this §183.4 adopted\r\nto be effective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223590", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "A", "label": "PHYSICIAN ASSISTANT BOARD" }, "rule": { "number": "§183.5", "label": "Officers of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223591", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §204.055 of the Act, the officers of the board consist of a presiding officer and a secretary.(b) The secretary of the board shall assume the duties of the presiding officer in the event of the presiding officer's absence or incapacity.(c) The board, at a regular meeting or special meeting, upon majority vote of the members present, may remove the secretary from office.(d) In the event of the absence or temporary incapacity of the presiding officer and the secretary, the members of the board may elect another physician assistant member to act as the presiding officer of a board meeting or as an interim acting presiding officer for the duration of the absences or incapacity or until another presiding officer is appointed by the governor.(e) Upon the death, resignation, removal, or permanent incapacity of the presiding officer or the secretary, the board shall elect a secretary from its membership to fill the vacant position. The board may elect an interim acting presiding officer until another presiding officer is appointed by the governor. Such an election shall be conducted as soon as practicable at a regular or special meeting of the board.", "sourceNote": "Source Note: The provisions of this §183.5 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223591", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§183.10", "label": "General Requirements for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223592", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a license must meet the general standards in §§204.152 and 204.153 of the Act and submit:(1) the board required application form;(2) payment of the required fee of $220.00, and additional fees and surcharges as applicable; and(3) required documentation including, but not limited to:(A) a Dean's Certification of Graduation form;(B) evidence of passage of the national licensing examination required for NCCPA certification with no more than six attempts;(C) a current NCCPA verification;(D) a birth certificate or other similar proof of age;(E) Professional or Work History Evaluation forms demonstrating or relating to the practice as a physician assistant for the preceding five years from the date of the application;(F) the National Practitioner Data Bank and Health Integrity and Protection Data Bank report (NPDB-HIPDB);(G) FBI/DPS Fingerprint Report;(H) documentation of alternate name or name change, if applicable;(I) a physician assistant school transcript, if requested;(J) arrest records, if applicable;(K) malpractice records, if applicable;(L) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable;(M) military orders or DD214, if applicable;(N) evidence of passage of the Texas Jurisprudence examination with at least a score of 75; and(O) any other documentation deemed necessary by the board to process an application.(b) Applications are valid for one year from the date of submission. The one-year period can be extended for the following reasons:(1) delay in processing an application;(2) referral to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(c) In accordance with Texas Occupations Code, Chapter 55, military service members, veterans, and spouses must:(1) meet the general requirements as set forth in subsection (a) of this section; and(2) submit a completed application on the board approved form and all additional documentation as required, with the exception of the application fee.(d) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.", "sourceNote": "Source Note: The provisions of this §183.10 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223592", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§183.11", "label": "Current Clinical Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223593", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants must submit professional or work history evaluations demonstrating or relating to the practice as a physician assistant in the preceding five years from the date of application. \"Current clinical practice\" may be demonstrated by:(1) currently practicing as a physician assistant involving treatment of persons;(2) enrollment as a student in an acceptable approved physician assistant program; or(3) appointment as an active teaching faculty member in an acceptable approved physician assistant program.(b) The Executive Director may offer to an applicant that cannot demonstrate current clinical practice as a physician assistant within the last three years from the date of application:(1) a Supervised Temporary License as set forth in §183.12 of this subtitle;(2) remedial clinical education including, but not limited to, enrollment as a student at an acceptable physician assistant program approved by the board; or(3) other remedial measures necessary to ensure protection of the public and minimal competency of the applicant to safely practice.", "sourceNote": "Source Note: The provisions of this §183.11 adopted\r\nto be effective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223593", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§183.12", "label": "Temporary Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223594", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a temporary license must meet the requirements in §204.155 of the Act.(b) Temporary licenses may be issued to:(1) an applicant who is qualified for a full license, subject to the terms and conditions that require board approval; or(2) remedy current clinical practice issues set forth in §183.11 of this subchapter (relating to Current Clinical Practice).(c) In order to be determined eligible for a temporary license to remedy a current clinical practice issue under §183.11 of this subchapter, an applicant must be supervised by a licensed physician who:(1) has an unrestricted license in Texas;(2) has no pending investigation;(3) is not a relative or family member;(4) has never had a license revoked, suspended, restricted, or cancelled for cause; and(5) meets any other eligibility criteria established by the board.(d) Applicants for a temporary license must submit:(1) a board required application form; and(2) the required fee of $107.00.(e) Temporary licenses will be terminated upon:(1) issuance of a full license; or(2) violation of conditions of a temporary license.", "sourceNote": "Source Note: The provisions of this §183.12 adopted\r\nto be effective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223594&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223594", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§183.13", "label": "Procedural Rules for Licensure Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223595", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be processed in accordance with §204.152 of the Act.(b) The Executive Director may offer to an applicant:(1) the option to withdraw an application with missing items, defects, omissions, or other errors and resubmit a corrected application;(2) a Remedial Plan;(3) an Agreed Order; or(4) other recommendations considered appropriate by the board.(c) Applicants not approved for licensure by the Executive Director may, within 20 days of notice of non-approval, request to appear before the Licensure Committee.(1) If the applicant fails to take timely action, the application for licensure shall be deemed withdrawn regardless of the board's action.(2) The applicant shall be notified of the board's final determination.(3) An applicant has 20 days from the date of the notice of the board's final decision to either accept the determination or request an appeal to the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §183.13 adopted\r\nto be effective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223595&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223595", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§183.14", "label": "Relicensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223596", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For a license holder who retired or surrendered their license (including cancellation for non-payment) and who is seeking to be relicensed, the following is required:(1) all statutory requirements for licensure must be met;(2) application must be submitted and the required fee of $220.00, and additional fees and surcharges, as applicable, must be paid;(3) the requirements of §183.10 of this title must be met;(4) competency to resume practice must be demonstrated; and(5) other remediation required by the board must be completed.(b) In accordance with §204.315 of the Act, applicants seeking relicensure under this section will be reviewed and processed in accordance with §§164.151 and 164.152 of the Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §183.14 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223596&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223596", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§183.15", "label": "License Registration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223597", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within 90 days of a license being issued, it must be registered by:(1) completing a board registration form;(2) submitting payment of the initial registration fee of $541.00, and additional fees and surcharges, as applicable;(3) providing requested information related to their online verification; and(4) providing other relevant information requested by the board staff.(b) Subsequent registration will be biennially by:(1) completing a board renewal form;(2) submitting payment of a biennial registration fee of $537.00, and additional fees and surcharges, as applicable;(3) verifying and updating information related to their online verification;(4) completing biennial continuing medical education (CME) required under §183.16 of this subtitle; and(5) providing other relevant information requested by board staff.(c) Failure to renew before a license's expiration date will result in increased charges as follows:(1) 1-90 days late--renewal fee plus one half of the renewal fee; and(2) 91 days-1 year late--double the renewal fee.(d) Failure to renew within one year after the expiration date of the license will result in cancellation of the license.", "sourceNote": "Source Note: The provisions of this §183.15 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223597", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§183.16", "label": "Biennial Continuing Medical Education (CME) Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223598", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As part of registration renewal, a license holder must complete 40 hours of continuing medical education (CME) during the biennial renewal period.(1) At least 20 hours must be from formal courses:(A) designated for Category I credit by a CME sponsor approved by the American Academy of Physician Assistants; or(B) approved by the board for course credit, including a human trafficking prevention course approved by the Executive Commissioner of the Texas Health and Human Services Commission.(2) The remaining hours may be designated for Category II credit, composed of informal self-study, attendance at hospital lectures, grand rounds, case conferences, or by providing volunteer medical services at a site serving a medically underserved population.(b) Formal CME credit is allowed at the rate of 1 credit for each hour of time acting on behalf of the physician assistant board for evaluation of a physician assistant's competency or practice monitoring, up to a maximum of 6 hours per year, as part of the required formal hours.(c) Military service members are subject to the same CME requirements but are allowed extensions in accordance with §55.003 of the Texas Occupations Code, if applicable.(d) Carry forward of CME credit is allowed as follows:(1) A maximum of 80 total excess credit hours may be carried forward and shall be reported according to whether the hours are Category I and/or Category II.(2) Excess CME credit hours may not be carried forward or applied to a report of CME more than two years beyond the date of the biennial registration following the period during which the hours were earned. No hours may be carried forward past a single renewal period.(e) Exemptions for CME requirements.(1) Requests must be made in writing at least 30 days prior to expiration of the biennial renewal period for the following reasons:(A) catastrophic illness;(B) military service of longer than one year's duration outside the United States;(C) licensee's residence of longer than one year's duration outside the United States; or(D) other good cause.(2) Exemptions are subject to the approval of the Executive Director of the board and may not exceed two years.", "sourceNote": "Source Note: The provisions of this §183.16 adopted\r\nto be effective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223598", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§183.17", "label": "Inactive License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223599", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §204.157 of the Act, a license may be placed on inactive status.(b) Inactive status cannot exceed three years, after which the license will be automatically canceled.(c) To reactivate within three years, an applicant must meet all the requirements of §204.157(c) of the Act and §183.10 and §183.11 of this subtitle.(d) After a license has been cancelled, an applicant must meet all requirements under §183.14 of this subchapter (relating to Procedural Rules for Licensure Applicants) to obtain relicensure.", "sourceNote": "Source Note: The provisions of this §183.17 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223599", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "C", "label": "PRACTICE REQUIREMENTS" }, "rule": { "number": "§183.20", "label": "On-Going Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223600", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder must report any event listed in §162.2(b)(1) through (7) of this title to the board within 10 days after the event.", "sourceNote": "Source Note: The provisions of this §183.20 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223600", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "C", "label": "PRACTICE REQUIREMENTS" }, "rule": { "number": "§183.21", "label": "Training and Registration Requirements for Physician Assistants\nPerforming Radiologic Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223601", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §601.254 of the Texas Occupations Code, a physician assistant may perform a radiologic procedure, including a dangerous or hazardous procedure, when delegated in compliance with requirements of §157.001 of the Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §183.21 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223601", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "183", "label": "PHYSICIAN ASSISTANTS" }, "subchapter": { "number": "D", "label": "BOARD PROCESSES AND PROCEDURES" }, "rule": { "number": "§183.25", "label": "Procedural Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223613", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §204.312 of the Act, the Procedural Rules in Chapter 179 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(b) The rules related to Complaints and Investigations in Chapter 177 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(c) The rules related to Disciplinary Guidelines and Sanctions in Chapter 180 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls. Applicable rules for purposes of this subsection include, but are not limited to:(1) practice inconsistent with public health and welfare;(2) unprofessional or dishonorable conduct;(3) disciplinary actions by state boards and peer groups;(4) aggravating and mitigating factors; and(5) criminal convictions.(d) The rules related to Compliance in Chapter 181 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.", "sourceNote": "Source Note: The provisions of this §183.25 adopted to be\r\neffective January 9, 2025, 50 TexReg 378." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223613", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "A", "label": "ACUPUNCTURE BOARD" }, "rule": { "number": "§184.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223614", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Acupuncture Act or \"the Act\"--Texas Occupations Code, Chapter 205.(2) Acupuncture Board or \"board\"--The Texas State Board of Acupuncture Examiners.(3) Acceptable approved acupuncture school--Effective January 1, 1996, and in addition to and consistent with the requirements of §205.206 of the Act:(A) a school of acupuncture located in the United States or Canada which, at the time of the applicant's graduation, was a candidate for accreditation by the Accreditation Commission for Acupuncture and Herbal Medicine (ACAHM) or another accrediting body recognized by the Texas Higher Education Coordinating Board, provides certification that the curriculum at the time of the applicant's graduation was equivalent to the curriculum upon which accreditation granted, offered a master's degree or a professional certificate or diploma upon graduation, and had a curriculum of 1,800 hours with at least 450 hours of herbal studies which at a minimum included the following:(i) basic herbology including recognition, nomenclature, functions, temperature, taste, contraindications, and therapeutic combinations of herbs;(ii) herbal formulas including traditional herbal formulas and their modifications or variations based on traditional methods of herbal therapy;(iii) patent herbs including the names of the more common patent herbal medications and their uses; and(iv) clinical training emphasizing herbal uses; or(B) a school of acupuncture located in the United States or Canada which, at the time of the applicant's graduation, was accredited by ACAHM or another accrediting body recognized by the Texas Higher Education Coordinating Board, offered a master's degree or a professional certificate or diploma upon graduation, and had a curriculum of 1,800 hours with at least 450 hours of herbal studies which at a minimum included the following:(i) basic herbology including recognition, nomenclature, functions, temperature, taste, contraindications, and therapeutic combinations of herbs;(ii) herbal formulas including traditional herbal formulas and their modifications or variations based on traditional methods of herbal therapy;(iii) patent herbs including the names of the more common patent herbal medications and their uses; and(iv) clinical training emphasizing herbal uses; or(C) a school of acupuncture located outside the United States or Canada that is determined by the board to be substantially equivalent to a Texas acupuncture school or a school defined in subparagraph (B) of this paragraph. An evaluation by the Foreign Credentials Service of America (FCSA) or an evaluation requested by the board may be utilized when making a determination of substantial equivalence.(4) Medical Practice Act--Texas Occupations Code Annotated, Title 3, Subtitle B, as amended.", "sourceNote": "Source Note: The provisions of this §184.1 adopted\r\nto be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223614", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "A", "label": "ACUPUNCTURE BOARD" }, "rule": { "number": "§184.2", "label": "Functions and Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223615", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §205.101 of the Act, board duties and functions include:(1) establishing standards for the practice of acupuncture;(2) regulating acupuncturists through licensure and discipline;(3) receiving complaints and investigating possible violations of the Act and the board rules;(4) reviewing, modifying, proposing, and adopting rules;(5) considering, reviewing, and approving policy as necessary; and(6) acting as a resource concerning proposed legislative changes to reflect current medical and healthcare needs and practices.(b) Individual board members are required to:(1) identify and disclose any conflicts of interest that may interfere with carrying out their duties and functions or that may impede their ability to be fair and impartial, and recuse from such matters;(2) comply with the Act;(3) maintain the highest levels of professional and ethical conduct, including, but not limited to:(A) A board member shall not appear as an expert witness in any case in which a licensee of the board is a party and in which the expert testimony relates to standard of care or professional malpractice;(B) A board member shall not appear in any administrative proceeding involving the exercise of the board's licensing or disciplinary authority before the board or the State Office of Administrative Hearings (SOAH) in which proceeding a licensee of the board is a party;(C) A board member shall refrain from making any statement that implies that the board member is speaking for the board if the board has not voted on an issue or unless the board has given the board member such authority; and(4) immediately disclose if they are subject to a non-disciplinary or disciplinary action by any health care facility or professional licensing entity.(c) Failure to comply with any of the requirements set forth in the Act or this section will be reported to the Office of the Governor.", "sourceNote": "Source Note: The provisions of this §184.2 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223615", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "A", "label": "ACUPUNCTURE BOARD" }, "rule": { "number": "§184.3", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223616", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Board and Committee meetings shall be conducted in compliance with Texas Government Code, Chapter 551, and, to the extent possible, pursuant to the provisions of Robert's Rules of Order Newly Revised.(b) Special meetings may be called by the presiding officer of the board or by resolution of the board.(c) The board may act only by majority vote of its members present and voting. Proxy votes are not allowed.", "sourceNote": "Source Note: The provisions of this §184.3 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223616&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223616", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "A", "label": "ACUPUNCTURE BOARD" }, "rule": { "number": "§184.4", "label": "Standing Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223617", "queryAsDate": "03/11/2026" }, "ruleBody": "The Standing Committees of the board are as follows:(1) Discipline and Ethics Committee:(A) reviews and makes recommendations to resolve complaints, close investigations, and dismiss cases, and hears complainant appeals;(B) recommends, reviews, and develops improvements of the disciplinary process, rules, policies, and other related matters; and(C) receives reports on enforcement activities and statistical information.(2) Licensure Committee:(A) reviews applications and makes recommendations, based on eligibility criteria, for licensure of acupuncturists;(B) recommends, reviews, and develops changes to the licensure process, rules, policies, and other related matters as necessary; and(C) maintains communication with Texas acupuncture programs.(3) Education Committee:(A) reviews and makes recommendations concerning educational requirements for licensure in Texas;(B) reviews and makes recommendations for continuing education requirements and providers used for renewal of a Texas license; and(C) reviews information regarding foreign acupuncture schools and adequacy of education for licensure.", "sourceNote": "Source Note: The provisions of this §184.4 adopted\r\nto be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223617&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223617", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.10", "label": "General Requirements for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223618&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223618", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a license must meet the general standards in §205.203 of the Act and submit:(1) the board required application form;(2) payment of the required fee of $320.00, and additional fees and surcharges as applicable; and(3) required documentation including, but not limited to:(A) a Dean's Certification of Graduation form verifying completion of an acceptable approved acupuncture school;(B) an Acupuncture School Transcript, including proof of completion of 1,800 instructional hours, with at least 450 hours of herbal studies;(C) certified transcript of NCCAOM Examination Scores;(D) evidence of passage of the CCAOM (Council of Colleges of Acupuncture and Oriental Medicine) Clean Needle Technique (CNT) course and practical examination;(E) proof of ability to communicate in English as described in §184.13 of this chapter (relating to Examinations and Attempt limits);(F) a birth certificate or other similar proof of age;(G) Professional or Work History Evaluation forms demonstrating or relating to the practice of acupuncture for the preceding five years from the date of the application;(H) National Practitioner Data Bank/Health Integrity and Protection Data Bank report (NPDB-HIPDB);(I) FBI/DPS Fingerprint Report;(J) documentation of alternate name or name change, if applicable;(K) arrest records, if applicable;(L) malpractice records, if applicable;(M) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable;(N) military orders or DD214, if applicable;(O) evidence of passage of the Texas Jurisprudence examination with at least a score of 75; and(P) any other documentation deemed necessary by the board to process an application, including certified translation of any document in a language other than the English language along with the original document or a certified copy of the translated document.(b) Applications are valid for one year from the date of submission. The one-year period can be extended for the following reasons:(1) delay in processing an application;(2) referral to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(c) In accordance with Texas Occupations Code, Chapter 55, military service members, veterans, and spouses must:(1) meet the general requirements as set forth in subsection (a) of this section; and(2) submit a completed application on the board approved form and all additional documentation as required, with the exception of the application fee.(d) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.", "sourceNote": "Source Note: The provisions of this §184.10 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223618&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223618", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.11", "label": "Current Clinical Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223619", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants must submit professional or work history evaluations demonstrating or relating to the practice as an acupuncturist in the preceding five years from the date of application. \"Current clinical practice\" may be demonstrated by:(1) currently practicing acupuncture involving treatment of persons;(2) enrollment as a student at an acceptable approved acupuncture school; or(3) appointment as an active teaching faculty member at an acceptable approved acupuncture school.(b) The Executive Director may offer to an applicant that cannot demonstrate current clinical practice as an acupuncturist within the last three years from date of application:(1) a Supervised Temporary License as set forth in §184.12 of this title;(2) remedial education including, but not limited to, enrollment as a student and successful completion of 240 hours of clinical practice at an acceptable approved acupuncture school or other structured program approved by the board; or(3) other remedial measures necessary to ensure protection of the public and minimal competency of the applicant to safely practice.", "sourceNote": "Source Note: The provisions of this §184.11 adopted\r\nto be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223619&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223619", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.12", "label": "Temporary Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223620", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a temporary license must meet the requirements in §205.208 of the Act.(b) Temporary licenses may be issued to:(1) an applicant who is qualified for a full license, subject to terms and conditions that require board approval; or(2) remedy current clinical practice issues set forth in §184.11 of this chapter (relating to Current Clinical Practice).(c) In order to be determined eligible for a temporary license to remedy a current clinical practice issue under §184.11 of this chapter, an applicant must be supervised by a licensed acupuncturist who:(1) has an unrestricted license in Texas;(2) has no pending investigation;(3) is not a relative or family member;(4) has never had a license revoked, suspended, restricted, or cancelled for cause; and(5) meets any other eligibility criteria established by the board.(d) Applicants for a temporary license must submit:(1) a board required application form; and(2) the required fee of $107.00.(e) Temporary licenses will be terminated upon:(1) issuance of a full license; or(2) violation of conditions of a temporary license.", "sourceNote": "Source Note: The provisions of this §184.12 adopted\r\nto be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223620", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.13", "label": "Examinations and Attempt Limits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223621", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant must provide proof of passage of the following:(1) The National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) examination, consisting of the following:(A) if taken before June 1, 2004: the Comprehensive Written Exam (CWE), the Clean Needle Technique Portion (CNTP), the Practical Examination of Point Location Skills (PEPLS), and the Chinese Herbology Exam; or(B) if taken on or after June 1, 2004: the NCCAOM Foundation of Oriental Medicine Module, Acupuncture Module, Point Location Module, the Chinese Herbology Module, and the Biomedicine Module; and(2) CCAOM (Council of Colleges of Acupuncture and Oriental Medicine) Clean Needle Technique (CNT) course and practical examination.(b) All applicants must take and pass, within six attempts, each component of the full National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) examination.(c) English proficiency is demonstrated by:(1) graduation from an of approved school of acupuncture located in the United States or Canada; or(2) passage of one of the following recognized tests:(A) English language version of NCCAOM examination; or(B) Passing score of 70% or better on each section of any of the following tests:(i) Test of English as a Foreign Language (TOEFL);(ii) Test of English for International Communication (TOEIC);(iii) Occupational English Test (OET); or(iv) other examination of English competency considered acceptable to the board.", "sourceNote": "Source Note: The provisions of this §184.13\r\nadopted to be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223621&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223621", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.14", "label": "Procedural Rules for Licensure Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223622", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be processed in accordance with §205.202 of the Act.(b) The Executive Director may offer to an applicant:(1) the option to withdraw an application with missing items, defects, omissions, or other errors and resubmit a corrected application;(2) a Remedial Plan;(3) an Agreed Order; or(4) other recommendations considered appropriate by the board.(c) Applicants not approved for licensure by the Executive Director may, within 20 days of notice of non-approval, request to appear before the Licensure Committee.(1) If the applicant fails to take timely action, the application for licensure shall be deemed withdrawn regardless of the board's action.(2) The applicant shall be notified of the board's final determination.(3) An applicant has 20 days from the date of the notice of the board's final decision to either accept the determination or request an appeal to the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §184.14 adopted\r\nto be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223622", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.15", "label": "Relicensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223623", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For a license holder who retired or surrendered their license (including cancellation for non-payment) and who is seeking to be relicensed, the following is required:(1) all statutory requirements for licensure must be met;(2) application must be submitted and the required fee of $320.00, and additional fees and surcharges, as applicable, must be paid;(3) the requirements of §184.10 of this chapter (relating to General Requirement for Licensure) must be met;(4) competency to resume practice must be demonstrated; and(5) other remediation required by the board must be completed.(b) In accordance with §205.3522 of the Act, applicants seeking relicensure under this section will be reviewed and processed in accordance with §§164.151 and 164.152 of the Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §184.15 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223623", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.16", "label": "License Registration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223624", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within 90 days of a license being issued, it must be registered by:(1) completing a board registration form;(2) submitting payment of the initial registration fee of $671.00, and additional fees and surcharges, as applicable;(3) providing requested information related to their online verification; and(4) providing other relevant information requested by the board staff.(b) Subsequent registration will be biennially by:(1) completing a board renewal form;(2) submitting payment of a biennial registration fee of $667.00, and additional fees and surcharges, as applicable;(3) verifying and updating information related to their online verification;(4) completing biennial continuing acupuncture education (CAE) required under §184.17 of this chapter (relating to Biennial Continuing Acupuncture Education (CAE) Requirements); and(5) providing other relevant information requested by board staff.(c) Failure to renew before a license's expiration date will result in increased charges as follows:(1) 1-90 days late -- renewal fee plus one half of the renewal fee; and(2) 91 days-1 year late -- double the renewal fee.(d) Failure to renew within one year after the license's expiration date will result in cancellation of the license.", "sourceNote": "Source Note: The provisions of this §184.16 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223624&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223624", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.17", "label": "Biennial Continuing Acupuncture Education (CAE) Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223625", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As part of registration renewal, a license holder must complete 34 hours of CAE during the biennial renewal period as follows:(1) Minimum core hours include:(A) eight hours in general acupuncture therapies;(B) two hours in ethics and safety;(C) six hours in herbology; and(D) four hours of biomedicine.(2) Completion of a course in human trafficking prevention approved by the Executive Commissioner of the Texas Health and Human Services Commission. This course may satisfy the required two core hours in ethics and safety.(3) The remaining CAE hours may be from other approved courses. No more than four hours in business practice or office administration is allowed.(b) Approved courses are:(1) courses approved by the board;(2) courses offered by board approved CAE providers;(3) NCCAOM professional development activity credits; and(4) CAE providers who are formally approved by another state for a minimum of three years.(c) Carry forward of CAE credit is allowed as follows:(1) no more than 34 excess hours earned in a biennium may be applied to the following biennial requirements; and(2) no hours can be carried forward past a single renewal period.(d) Instructors of board-approved CAE courses may receive three hours of CAE credit for each hour of lecture with a maximum of six hours of continuing education credit per year. No CAE credit shall be granted to school faculty members as credit for their regular teaching assignments.(e) Exemptions for CAE requirements.(1) Requests must be made in writing at least 30 days prior to expiration of the biennial renewal period for the following reasons:(A) catastrophic illness(B) military service of longer than one year's duration outside the state;(C) licensee's residence of longer than one year's duration outside the United States; or(D) other good cause.(2) Exemptions are subject to the approval of the Executive Director of the board and may not exceed two years.", "sourceNote": "Source Note: The provisions of this §184.17 adopted\r\nto be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223625&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223625", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.18", "label": "Approval of Continuing Education Courses and Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223626", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §205.255 of the Act, the following must be approved by the board:(1) CAE courses and providers that are not NCCAOM approved; and(2) acceptable approved acupuncture schools and colleges seeking to be approved providers.(b) Requests for approval of CAE courses must include:(1) a form approved by the board;(2) payment of required fee of $25.00; and(3) other requested documentation including, but not limited to:(A) Course description related to acupuncture or oriental medicine, including techniques, skills, and patient care;(B) method of instruction or teaching;(C) the name, credentials, competency and training of the instructor(s);(D) verification of attendance/participation;(E) each credit hour is equal to no less than 50 minutes of actual instruction or training;(F) name and location of school, state, or professional organization; and(G) provide written evaluations available to the board upon request.(c) Requests for approval of a CAE provider must include:(1) a form approved by the board;(2) payment of required fee of $50.00;(3) other requested documentation including, but not limited to, evidence that the provider has three continuous years of previous experience providing at least one different CAE course in Texas in each of those years that were approved by the board; and(4) only one provider number is issued to an organization, and it is not transferable.(d) Provider Responsibilities and Duties. The provider must:(1) keep course records for four years demonstrating the following:(A) course outlines of each course given;(B) record of time and places of each course given;(C) course instructor and their qualifications;(D) the attendance record showing the name, signature and license number of licensed attendees; and(E) copy of a certificate of completion.(2) provide notice of any changes in person(s) responsible for the provider's continuing education course, including name, address, or telephone number changes.(e) After board review, notice of the decision will be provided to the requestor.(f) Approval, if granted, is valid for three years.(g) Approval may be withdrawn based on information received concerning a course or provider. If the board is considering withdrawing approval, notice will be provided prior to taking any action.", "sourceNote": "Source Note: The provisions of this §184.18 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223626&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223626", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "B", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§184.19", "label": "Inactive License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223627", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license may be placed on inactive status.(b) Inactive status cannot exceed three years, after which the license will be automatically canceled.(c) To reactivate within three years, an applicant must meet all the requirements of §184.10 and §184.11 of this chapter (relating to General Requirements for Licensure).(d) After a license has been cancelled, an applicant must meet all requirements under §184.15 of this chapter (relating to Relicensure) to obtain relicensure.", "sourceNote": "Source Note: The provisions of this §184.19 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223627", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "C", "label": "PRACTICE REQUIREMENTS" }, "rule": { "number": "§184.25", "label": "Patient Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223628", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acupuncturists must keep and maintain adequate patient records in English that include, but are not limited to:(1) the patient's name and address;(2) vital signs;(3) the chief complaint;(4) a patient history;(5) documented patient consent, including written patient consent for treatment in sensitive areas;(6) a treatment plan, including amounts and forms of herbal medications and other modalities, including acupuncture terms, including herbs, may use the Chinese or Pinyin translation if commonly known by such translation;(7) adequate billing records to support charges and billing codes used; and(8) copies of referrals to and from other providers done in accordance with §205.301 of the Act, including the below form for documentation required by §205.301(b) of the Act:Attached Graphic(b) Retention of Patient and Billing Records. An acupuncturist must retain patient records as follows:(1) for a minimum of five years from the date of last treatment by the acupuncturist.(2) For patients younger than 18 years of age, until the patient reaches age 21, or for five years from the date of last treatment, whichever is longer.(c) For purposes of releasing or providing copies of patient records:(1) §159.005 of the Medical Practice Act applies, along with other applicable state and federal laws including HIPAA; and (2) allowable charges are those listed in §163.3(c) of this title (relating to Request for Medical Records).", "sourceNote": "Source Note: The provisions of this §184.25 adopted\r\nto be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223628", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "C", "label": "PRACTICE REQUIREMENTS" }, "rule": { "number": "§184.26", "label": "On-Going Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223629", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder must report any event listed in §162.2(b)(1) -(7) of this title (relating to Profile Updates) to the board within 10 days after the event.", "sourceNote": "Source Note: The provisions of this §184.26 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223629", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "C", "label": "PRACTICE REQUIREMENTS" }, "rule": { "number": "§184.27", "label": "Acupuncture Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223630", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acupuncturists shall not authorize or use false, misleading, or deceptive advertising.(b) Acupuncturists also shall not:(1) hold themselves out as a physician or surgeon or any combination or derivative of those terms as defined under §151.002(a)(13) of the Medical Practice Act;(2) use the terms \"board certified\" unless the advertising also discloses the complete name of the board which conferred the referenced certification and is currently certified.", "sourceNote": "Source Note: The provisions of this §184.27 adopted\r\nto be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223630", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "D", "label": "BOARD PROCESSES AND PROCEDURES" }, "rule": { "number": "§184.30", "label": "Procedural Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223631", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this subchapter and in accordance with §205.351 of the Act, the Procedural Rules in Chapter 179 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(b) The rules related to Complaints and Investigations in Chapter 177 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(c) The rules related to Disciplinary Guidelines and Sanctions in Chapter 180 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls. Applicable rules for purposes of this subsection include, but are not limited to:(1) practice inconsistent with public health and welfare;(2) unprofessional or dishonorable conduct;(3) disciplinary actions by state boards and peer groups;(4) aggravating and mitigating factors; and(5) criminal convictions.(d) The rules related to Compliance in Chapter 181 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.", "sourceNote": "Source Note: The provisions of this §184.30 adopted to be effective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223631", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "E", "label": "ACUDETOX SPECIALISTS" }, "rule": { "number": "§184.35", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223632", "queryAsDate": "03/11/2026" }, "ruleBody": "Auricular Acudetox means an acupuncture treatment limited to the insertion of needles into five acupuncture points in the ear. These points are the liver, kidney, lung, sympathetic and shen men.", "sourceNote": "Source Note: The provisions of this §184.35 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223632", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "E", "label": "ACUDETOX SPECIALISTS" }, "rule": { "number": "§184.36", "label": "Acudetox Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223633", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Acudetox certificate may be issued in accordance with §205.303 of the Act, and the applicant must submit:(1) a board required application form;(2) the required fee of $52.00, and additional fees and surcharges as applicable;(3) proof of completion of auricular acupuncture at least 70 hours in length that includes a clean needle technique course or equivalent universal infection control precaution procedures course; and(4) other documentation deemed necessary to process an application.(b) In accordance with §205.303(d) of the Act, a certificate may be renewed by submitting:(1) a board required renewal form;(2) payment of the renewal fee of $262.50, and additional fees and surcharges as applicable;(3) completing at least three hours of Continuing Auricular Acupuncture Education for Acudetox Specialists and other courses are designated or otherwise approved for credit by the board; and(4) other documentation deemed necessary to process a renewal.(c) Failure to renew certificate before expiration date but less than a year will be a $25.00 fee plus the required renewal fee.(d) Certificates expired for a year are automatically canceled.", "sourceNote": "Source Note: The provisions of this §184.36 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223633", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "184", "label": "ACUPUNCTURE" }, "subchapter": { "number": "E", "label": "ACUDETOX SPECIALISTS" }, "rule": { "number": "§184.37", "label": "Other Requirements Related to Acudetox Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223602", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certificate-holders must keep a current mailing and practice address on file with the Texas Medical Board and provide notice of any address change within ten days of such change.(b) Certificate holders may only use the titles \"Certified Acudetox Specialist\" or \"C.A.S.\"(c) Failure to comply with laws and rules related to Acudetox may result in loss of certification.", "sourceNote": "Source Note: The provisions of this §184.37 adopted to be\r\neffective January 9, 2025, 50 TexReg 384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223602", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223603", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Act -- Texas Occupations Code, Chapter 206.(2) Advisory Committee -- the Surgical Assistant Advisory Committee to the Texas Medical Board(3) Medical Practice Act -- Texas Occupations Code, Title 3, Subtitle B, as amended.", "sourceNote": "Source Note: The provisions of this §185.1 adopted\r\nto be effective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223603&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223603", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.2", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223604", "queryAsDate": "03/11/2026" }, "ruleBody": "Meetings of the Advisory Committee shall be conducted in compliance with §206.058 of the Act; Texas Government Code, Chapter 551; and to the extent possible, pursuant to the provisions of Robert's Rules of Order Newly Revised.", "sourceNote": "Source Note: The provisions of this §185.2 adopted to be\r\neffective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223604", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.3", "label": "General Requirements for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223605", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a license must meet the general standards in §§206.202 and 206.203 of the Act, and submit:(1) the board required application form;(2) payment of the required fee of $315.00, and additional fees and surcharges as applicable; and(3) required documentation, including, but not limited to:(A) certified transcript verifying at least an Associate's degree at a two or four year institution of higher education;(B) certified transcript verifying completion of an education program set forth in §185.4 of this subtitle;(C) Professional or Work History Evaluation forms verifying practice as a Surgical Assistant for at least 2000 hours within the last three years from the date of the application;(D) current certification by a national certifying board approved by the board;(E) certified transcript of a surgical or first assistant examination set forth in §185.5 of this title;(F) birth certificate or other similar proof of age;(G) FBI/DPS Fingerprint Report;(H) documentation of alternate name or name change, if applicable;(I) arrest records, if applicable;(J) malpractice records, if applicable;(K) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable;(L) military orders or DD214, if applicable; and(M) any other documentation deemed necessary by the board to process an application.(b) Applications are valid for one year from the date of submission. The one-year period may be extended for the following reasons:(1) delay in processing an application;(2) referral to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(c) In accordance with Texas Occupations Code, Chapter 55, military service members, veterans, and spouses must:(1) meet the general requirements as set forth in subsection (a); and(2) submit a completed application on the board approved form and all additional documentation as required, with the exception of an application fee.(d) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.", "sourceNote": "Source Note: The provisions of this §185.3 adopted to be\r\neffective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223605", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.4", "label": "Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223606", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the education recognized in §206.203 of the Act, an applicant for licensure must complete:(1) a Surgical Assistant program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP);(2) basic and clinical sciences coursework at a medical school;(3) a registered nurse first assistant program that is approved or recognized by the Texas Board of Nursing; or(4) a post graduate clinical Physician Assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc. (ARC-PA), or by that Committee's predecessor or successor.", "sourceNote": "Source Note: The provisions of this §185.4 adopted\r\nto be effective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223606", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.5", "label": "Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223607", "queryAsDate": "03/11/2026" }, "ruleBody": "The following examinations with a passing score are acceptable:(1) American Board of Surgical Assistants;(2) National Board of Surgical Technology and Surgical Assisting (NBSTSA) formerly known as Liaison Council on Certification for the Surgical Technologist (LCC-ST); or(3) the National Surgical Assistant Association provided that the exam was administered on or after March 29, 2003.", "sourceNote": "Source Note: The provisions of this §185.5 adopted\r\nto be effective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223607", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.6", "label": "Procedural Rules for Licensure Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223608", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be processed in accordance with §206.209 of the Act.(b) The Executive Director may offer to an applicant:(1) the option to withdraw an application with missing items, defects, omission, or other errors and re-submitting a corrected application;(2) a Remedial Plan;(3) an Agreed Order; or(4) other recommendations considered appropriate by the board.(c) Applicants not approved for licensure by the Executive Director may within 20 days of notice of non-approval request to appear before the Licensure Committee.(1) If the applicant fails to take timely action, the application for licensure shall be deemed withdrawn regardless of the board's action.(2) The applicant shall be notified of the board's final determination.(3) An applicant has 20 days from the date the notice of the board's final decision to either accept the determination or request an appeal to the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §185.6 adopted\r\nto be effective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223608", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.7", "label": "Temporary Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223609", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Temporary licenses will be issued in accordance with §206.206 of the Act.(b) Applicants must submit:(1) a board required application form; and(2) the required fee of $50.00.", "sourceNote": "Source Note: The provisions of this §185.7 adopted\r\nto be effective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223609", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.8", "label": "License Registration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223610", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within 90 days of a license being issued, it must be registered by:(1) completing a board registration form; and(2) submitting payment of the initial registration fee of $561.00, and additional fees and surcharges as applicable.(b) Subsequent registration will be biennially by:(1) completing the renewal form;(2) submitting payment of a biennial registration fee of $557.00, and additional fees and surcharges as applicable; and(3) completing biennial continuing education (CE) required under §185.9 of this chapter.(c) Failure to renew before the expiration date will result in increased charges as follows:(1) 1-90 days late -- renewal fee plus one half of the renewal fee; and(2) 91 days-1 year late -- double the renewal fee.(d) Failure to renew within one year after the expiration date of the license will result in cancellation of the license.", "sourceNote": "Source Note: The provisions of this §185.8 adopted to be\r\neffective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223610", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.9", "label": "Biennial Continuing Education (CE) Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223611", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As part of registration renewal, a license holder must complete 36 hours of continuing education (CE) in surgical assisting or in courses that enhance the practice of surgical assisting as follows:(b) 18 hours of formal courses that are:(1) AMA/PRA Category I credited by an Accreditation Council for Continuing Medical Education;(2) Association of Surgical Technologists/ Association of Surgical Assistants, the American Board of Surgical Assistants, or the National Surgical Assistants Association approved;(3) AOA Category 1-A credit approved by the American Osteopathic Association; or(4) Texas Medical Association approved.(c) The formal hours of CE must:(1) include 2 hours of medical ethics and/or professional responsibility; and(2) a course in human trafficking prevention approved by the Texas Health and Human Services Commission must be completed. The course will be credited toward the required medical ethics or professional responsibility.(d) The remaining hours may be composed of informal self-study, attendance at hospital lectures or grand rounds not approved for formal CE, or case conferences and must be recorded in a manner that can be easily transmitted to the board upon request.(e) Exemptions for CE requirements.(1) Requests must be made in writing at least 30 days prior to the expiration of the biennial renewal period for the following reasons:(A) catastrophic illness;(B) military service of longer than one year's duration outside the United States;(C) licensee's residence of longer than one year's duration outside the United States; or(D) other good cause.(2) Exemptions are subject to the approval of the Executive Director of the board and may not exceed two years.", "sourceNote": "Source Note: The provisions of this §185.9 adopted\r\nto be effective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223611", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.10", "label": "Relicensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223612", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For a licensee who retired or surrendered their license (including cancellation for non-payment) and who is seeking to be reissued a license, the following is required:(1) all statutory requirements for licensure must be met;(2) application must be submitted and the required fee of $315.00, and additional fees and surcharges, as applicable, must be paid;(3) the requirements of §185.3 must be met;(4) competency to resume practice must be demonstrated; and(5) other remediation required by the board must be completed.(b) Applicants seeking relicensure under this section will be reviewed and processed in accordance with §§164.151 and 164.152 of the Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §185.10 adopted to be\r\neffective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223612", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "185", "label": "SURGICAL ASSISTANTS" }, "rule": { "number": "§185.11", "label": "Procedural Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223634", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §206.313 of the Act, the Procedural Rules in Chapter 179 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(b) The rules related to Complaints and Investigations in Chapter 177 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(c) The rules related to Disciplinary Guidelines and Sanctions in Chapter 180 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls. Applicable rules for purposes of this subsection include, but are not limited to:(1) practice inconsistent with public health and welfare;(2) unprofessional or dishonorable conduct;(3) disciplinary actions by state boards and peer groups;(4) aggravating and mitigating factors; and(5) criminal convictions.(d) The rules related to Compliance in Chapter 181 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.", "sourceNote": "Source Note: The provisions of this §185.11 adopted to be\r\neffective January 9, 2025, 50 TexReg 391." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223634", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "A", "label": "TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY" }, "rule": { "number": "§186.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223635", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) ABHES--Accrediting Bureau of Health Education Schools.(2) Act--The Medical Radiologic Technologist Certification Act, Texas Occupations Code, Chapter 601.(3) Advisory Board--Texas Board of Medical Radiologic Technology(4) ARRT--The American Registry of Radiologic Technologists and its predecessor or successor organizations.(5) ASRT--The American Society of Radiologic Technologists and its predecessor or successor organizations.(6) CBRPA--Certification Board for Radiology Practitioner Assistants.(7) JRCCVT--The Joint Review Committee on Education in Cardiovascular Technology.(8) JRCERT--The Joint Review Committee on Education in Radiologic Technology.(9) JRCNMT--The Joint Review Committee on Educational Programs in Nuclear Medicine Technology.(10) Limited Medical Radiologic Technologist (LMRT)--A certificate holder who is limited to administer radiation to only specific body areas. The areas are skull, chest, spine, extremities, podiatric, chiropractic and cardiovascular.(11) NMTCB--Nuclear Medicine Technology Certification Board and its successor organizations.(12) Non-certified Technician (NCT)--A person who has completed a training program approved by the Advisory Board and who is registered with the Advisory Board under this chapter.(13) SACS--The Southern Association of Colleges and Schools, Commission on Colleges.(14) Sponsoring Institution--A hospital, educational, other facility, or a division thereof, that offers or intends to offer a course of study in medical radiologic technology.", "sourceNote": "Source Note: The provisions of this §186.1 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223635", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "A", "label": "TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY" }, "rule": { "number": "§186.2", "label": "Functions and Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223636", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §601.052 of the Act, Advisory Board duties and functions include:(1) establishing standards for the practice of Medical Radiologic Technology;(2) regulating medical radiologic technologists and non-certified technicians through certification and discipline;(3) receiving complaints and investigating possible violations of the Act and the Advisory Board rules;(4) reviewing, modifying, proposing, and adopting rules;(5) considering, reviewing, and approving policy and changes as necessary; and(6) acting as a resource concerning proposed legislative changes to reflect current medical and healthcare needs and practices.(b) Individual Advisory Board members are required to:(1) identify and disclose any conflicts of interest that may interfere with carrying out their duties and functions or that may impede their ability to be fair and impartial, and recuse from such matters;(2) comply with the Act;(3) maintain the highest levels of professional and ethical conduct, including, but not limited to:(A) A board member shall not appear as an expert witness in any case in which a licensee of the board is a party and in which the expert testimony relates to standard of care or professional malpractice;(B) A board member shall not appear in any administrative proceeding involving the exercise of the board's licensing or disciplinary authority before the board or the State Office of Administrative Hearings (SOAH) in which proceeding a licensee of the board is a party; and(C) A board member shall refrain from making any statement that implies that the board member is speaking for the board if the board has not voted on an issue or unless the board has given the board member such authority; and(4) immediately disclose if they are subject to a non-disciplinary or disciplinary action by any health care facility or professional licensing entity.(c) Failure to comply with any of the requirements set forth in the Act or this section will be reported to the Office of the Governor.", "sourceNote": "Source Note: The provisions of this §186.2 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223636", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "A", "label": "TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY" }, "rule": { "number": "§186.3", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223637", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Advisory Board meetings shall be conducted in compliance with Texas Government Code, Chapter 551, and, to the extent possible, pursuant to the provisions of Robert's Rules of Order Newly Revised.(b) Special meetings may be called by the presiding officer or resolution of the Advisory Board.(c) The Advisory Board may act only by majority vote of its members present and voting. Proxy votes are not allowed.", "sourceNote": "Source Note: The provisions of this §186.3 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223637", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "A", "label": "TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY" }, "rule": { "number": "§186.4", "label": "Standing Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223638", "queryAsDate": "03/11/2026" }, "ruleBody": "The Standing Committees of the Advisory Board are as follows:(1) Disciplinary Committee:(A) reviews and makes recommendations to resolve complaints, close investigations and dismiss cases, and hears complainant appeals;(B) recommends, reviews, and develops improvements of the disciplinary process, rules, policies, and other related matters; and(C) receives reports on enforcement activities and statistical information.(2) Licensure Committee:(A) reviews applications and makes recommendations, based on eligibility criteria, for certification of medical radiologic technologists and non-certified technicians;(B) recommends, reviews, and develops changes to the licensure process, rules, policies, and other related matters as necessary; and(C) maintains communication with medical radiologic technologist programs.(3) Education Committee:(A) reviews and makes recommendations concerning educational and training requirements for certification as a medical radiologic technologist or registration as a non-certified technician in Texas; and(B) reviews and makes recommendations for approval or rescinding approval of medical radiologic technologist or non-certified technician education program curricula and instructors.", "sourceNote": "Source Note: The provisions of this §186.4 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223638", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.10", "label": "General Requirements for Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223639", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for certification must meet the requirements in §601.105 of the Act and submit:(1) the board required application form;(2) payment of the required fee and additional fees and surcharges as applicable:(A) Radiologist Assistant fee of $140.00;(B) General or Limited Medical Radiologic Technologist fee of $80.00;(C) Temporary General or Temporary Limited Medical Radiologic Technologist fee of $30.00;(D) Non-Certified Radiologic Technician fee of $60.00; and(3) required documentation including, but not limited to:(A) an educational transcript;(B) a current national certification, if applicable;(C) a certified transcript of specialty examination scores, if applicable;(D) a birth certificate or other similar proof of age;(E) Professional or Work History Evaluation forms demonstrating or relating to the practice of radiologic technology for the preceding five years from the date of the application;(F) National Practitioner Data Bank/Health Integrity and Protection Data Bank report (NPDB-HIPDB), if applicable;(G) FBI/DPS Fingerprint Report;(H) documentation of alternate name or name change, if applicable;(I) arrest records, if applicable;(J) malpractice records, if applicable;(K) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability practice, if applicable;(L) military orders or DD214, if applicable;(M) evidence of passage of the Texas Jurisprudence examination with at least a score of 75; and(N) any other documentation deemed necessary by the board to process an application.(b) Applications are valid for one year from the date of submission. The one-year period can be extended for the following reasons:(1) delay in processing an application;(2) referral to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(c) In accordance with Texas Occupations Code, Chapter 55, military service members, veterans, and spouses must:(1) meet the general requirements as set forth in subsection (a) of this section; and(2) submit a completed application on the board-approved form and all additional documentation as required, with the exception of the application fee.(d) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.", "sourceNote": "Source Note: The provisions of this §186.10 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223639", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.11", "label": "Requirements for a Radiologist Assistant Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223640", "queryAsDate": "03/11/2026" }, "ruleBody": "Applicants for a Radiologist Assistant Certificate must meet the requirements listed in §186.10 of this chapter and the requirements listed in §601.002(10-b) of the Act.", "sourceNote": "Source Note: The provisions of this §186.11 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223640", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.12", "label": "Requirements for a General Medical Radiologic Technologist Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223641", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a General Medical Radiologic Technologist certificate must meet the requirements listed in §186.10 of this chapter and the requirements listed in §601.105 of the Act.(b) To qualify for a general certificate, an applicant must meet at least one of the following requirements:(1) current ARRT certification as a registered technologist, radiographer, radiation therapist, or nuclear medicine technologist; or(2) current NMTCB certification as a nuclear medicine technologist.", "sourceNote": "Source Note: The provisions of this §186.12 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223641", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.13", "label": "Requirements for a Limited Medical Radiologic Technologist Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223642", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a Limited Medical Radiologic Technologist Certificate must meet the requirements listed in §186.10 of this chapter and the requirements listed in §601.105 of the Act.(b) To qualify for a limited certificate, an applicant must meet at least one of the following requirements:(1) the successful completion of a limited program and successful completion of exam as set out in subsections (c) and (d) of this section; or(2) current licensure, certification, or registration as an LMRT in another state, the District of Columbia, or a territory of the United States of America.(c) Acceptable limited certificate programs training individuals to perform limited radiologic procedures must:(1) be accredited by JRCERT, ABHES, or SACS (or other regional accrediting entities) to offer a limited curriculum in radiologic technology; or(2) be accredited by JRCCVT to offer a curriculum in invasive cardiovascular technology.(d) Limited certificate examinations.(1) Accepted examinations for limited certificates are:(A) ARRT limited scope of practice in radiography examinations for:(i) skull;(ii) chest;(iii) spine;(iv) extremities;(v) chiropractic (spine and extremities); and(vi) podiatric (podiatry); or(B) Cardiovascular Credentialing International invasive registry examination for cardiovascular; or(C) a limited radiography examination accepted for licensure in another state.(2) Eligibility for an ARRT limited scope of practice in radiography examination requires the applicant to:(A) request and obtain Advisory board authorization; and(B) provide the Advisory Board with documents showing completion of either:(i) an approved limited program; or(ii) education components necessary for the appropriate limited scope of practice in radiography examination signed by the program director or registrar.(3) Authorization by the Advisory Board allows for three attempts to successfully pass the ARRT limited scope of practice in radiography examination with a score of 75.(4) The minimum acceptable score for a cardiovascular limited certificate is 70.(5) If an ARRT examinee does not successfully meet the requirements of paragraph (3) of this section, they must:(A) complete a board-approved continuing education course of at least 60 hours from an approved limited program; and(B) seek authorization from the Advisory Board to be allowed one more attempt to pass with a score of 75 within one year. If they do not pass the extra attempt, they are ineligible for that particular limited certificate.", "sourceNote": "Source Note: The provisions of this §186.13 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223642", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.14", "label": "Current Clinical Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223643", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants must submit professional or work history evaluations demonstrating or relating to the practice as a medical radiologic technologist in the preceding five years from the date of application. \"Current clinical practice\" may be demonstrated by:(1) currently practicing medical radiologic technology involving treatment of persons;(2) enrollment as a student at an acceptable approved medical radiologic technology school; or(3) appointment as an active teaching faculty member at an acceptable approved medical radiologic technology school.(b) The Executive Director may offer to an applicant that cannot demonstrate current clinical practice as a medical radiologic technologist within the last three years from the date of application:(1) a supervised temporary certificate as set forth in §186.15 of this chapter;(2) remedial clinical education including, but not limited to, enrollment as a student at an acceptable approved medical radiologic technology school or other structured program approved by the Advisory Board; or(3) other remedial measures necessary to ensure protection of the public and minimal competency of the applicant to safely practice.", "sourceNote": "Source Note: The provisions of this §186.14 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223643", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.15", "label": "Temporary Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223644", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a Temporary Medical Radiologic Technology (TMRT) Certificate or a Temporary Limited Medical Radiologic Technology (TLMRT) Certificate must meet the requirements in §601.102 of the Act.(b) A TMRT or TLMRT certificate may be issued to an applicant:(1) who is qualified for a certificate, subject to terms and conditions that require board approval;(2) who has satisfied the requirements of §186.10 of this chapter, with the exception of completion of the national certification or specialty examination; or(3) who must remedy current clinical practice issues set forth in §186.14 of this chapter.(c) In order to be determined eligible for a temporary certificate to remedy a current clinical practice issue under §186.14 of this chapter, an applicant must be supervised by a general certificate holder or licensed practitioner, as defined by §601.002 of the Act, who:(1) has an unrestricted license or certificate in Texas;(2) has no pending investigation;(3) is not a relative or family member;(4) has never had a license or certificate revoked, suspended, restricted, or cancelled for cause; and(5) meets any other eligibility criteria established by the Advisory Board.(d) Duration of Temporary Certificates is as follows:(1) TMRT - one year, with no renewal or reapplication; and(2) TLMRT - six months, with no renewal or reapplication.(e) Temporary certificates shall terminate upon:(1) issuance of a full license; or(2) violation of conditions of a temporary certificate.", "sourceNote": "Source Note: The provisions of this §186.15 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223644", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.16", "label": "Procedural Rules for Certificate Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223645", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be processed in accordance with §601.105 of the Act.(b) The Executive Director may offer to an applicant:(1) the option to withdraw an application with missing items, defects, omissions, or other errors and resubmit a corrected application;(2) a Remedial Plan;(3) an Agreed Order; or(4) other recommendations considered appropriate by the board.(c) Applicants not approved for certification by the Executive Director may, within 20 days of notice of non-approval, request to appear before the Licensure Committee.(1) If the applicant fails to take timely action, the application for certification shall be deemed withdrawn regardless of the board's action.(2) The applicant shall be notified of the board's final determination.(3) An applicant has 20 days from the date of the notice of the board's final decision to either accept the determination or request an appeal to the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §186.16 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223645", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.17", "label": "Recertification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223646", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For a certificate holder who retired or surrendered their certificate (including cancellation for non-payment) and who is seeking to be reissued a certificate, the following is required:(1) all statutory requirements for certification must be met;(2) application must be submitted and the required fee and additional fees and surcharges, as applicable, must be paid;(3) the requirements of §186.10 of this chapter must be met;(4) competency to resume practice must be demonstrated; and(5) other remediation prescribed by the Advisory Board must be completed.(b) In accordance with §601.305, applicants seeking recertification under this section will be reviewed and processed in accordance with §§164.151 and 164.152 of the Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §186.17 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223646", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.18", "label": "Certificate Registration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223647", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certificate holders must renew the registration of their certificate on a biennial basis by:(1) completing a board renewal form;(2) submitting payment of the applicable biennial registration fee;(A) if Radiologist Assistant, fee of $100.00, and additional fees and surcharges as applicable;(B) if General or Limited Medical Radiologic Technician, fee of $66.00, and additional fees and surcharges as applicable;(3) verifying and updating information related to their online verification;(4) completing biennial Continuing Education (CE) required under §186.19 of this chapter; and(5) providing other relevant information requested by board staff.(b) Failure to renew before a certificate's expiration date will result in increased charges as follows:(1) 1-90 days late--renewal fee plus one half of the renewal fee; and(2) 91 days-1 year late--double the renewal fee.(3) Failure to renew within one year after the expiration date of the certificate will result in cancellation of the certificate.", "sourceNote": "Source Note: The provisions of this §186.18 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223647", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.19", "label": "Biennial Continuing Education (CE) Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223648", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As part of registration renewal, a certificate holder must complete Continuing Education (CE) each biennium as follows: (1) For a radiologist assistant:(A) a minimum of 23 hours in activities designated for Category A or A+ credits by ARRT as a Recognized Continuing Education Evaluation Mechanism (RCEEM) or RCEEM+; and(B) a course in human trafficking prevention approved by the Executive Commissioner of the Texas Health and Human Services Commission.(2) For a General Medical Radiologic Technologist (GMRT):(A) a minimum of 24 hours, at least 12 hours of which must be in activities designated for Category A or A+ credits by ARRT as a Recognized Continuing Education Evaluation Mechanism (RCEEM) or RCEEM+, and any remaining credits may be composed of self-study or courses that are recorded and verifiable upon request by the board; and(B) a course in human trafficking prevention approved by the Executive Commissioner of the Texas Health and Human Services Commission.(3) For a Limited Medical Radiologic Technologist (LMRT):(A) a minimum of 18 hours, at least nine of which must be in activities designated for Category A or A+ credits by ARRT as a Recognized Continuing Education Evaluation Mechanism (RCEEM) or RCEEM+, and any remaining credits may be composed of self-study or courses that are recorded and verifiable upon request by the board; and(B) a course in human trafficking prevention approved by the Executive Commissioner of the Texas Health and Human Services Commission.(b) Other CE that may be counted are:(1) For an RA or MRT who renewed an ARRT certificate during the current biennial renewal period may use those CE credits, except for human trafficking prevention credit.(2) For an RA, MRT, or LMRT who holds another health profession Texas license, registration, or certification may use the CE hours for the other license, registration, or certification, if the hours meet the requirements of this subsection, including human trafficking prevention, if applicable:(A) no more than three hours credit during a renewal period for a cardiopulmonary resuscitation course or basic cardiac life support course;(B) no more than six hours credit during a renewal period for an advanced cardiac life support course;(C) no more than six hours credit for attendance in tumor conferences (limited to six hours), in-service education and training offered or sponsored by Joint Commission-accredited or Medicare certified hospitals; and(D) no more than six hours for teaching in a program accredited by a board recognized accrediting organization.(c) Military service members have the same CE requirements but are allowed extensions in accordance with Chapter 55.003 of the Texas Occupations Code, as applicable.(d) CE Carry Forward:(1) For RAs or MRTs, a maximum of 48 credit hours may be carried forward.(2) For LMRTs, a maximum of 24 hours may be carried forward.(3) The human trafficking prevention credit cannot be carried forward.(4) Credits cannot be carried forward or applied more than two years following the period in which they are earned.(e) Exemptions for CE requirements.(1) Requests must be made in writing at least 30 days prior to expiration of the biennial renewal period for the following reasons:(A) catastrophic illness;(B) military service of longer than one year's duration outside the United States;(C) licensee's residence of longer than one year's duration outside the United States; or(D) other good cause.(2) Exemptions are subject to the approval of the Executive Director of the board and may not exceed two years.", "sourceNote": "Source Note: The provisions of this §186.19 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223648", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.20", "label": "Scope of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223649", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dangerous and hazardous procedures may only be performed by those individuals specified in §601.056 of the Act, unless otherwise indicated below.(b) Dangerous procedures are:(1) nuclear medicine studies to include positron emission tomography (PET);(2) administration of radio-pharmaceuticals, not including preparation or dispensing except as regulated under the authority of the Texas State Board of Pharmacy;(3) radiation therapy, including simulation, brachytherapy, and all external radiation therapy beams including Grenz rays:(4) Computed Tomography (CT) or any variation thereof;(5) interventional radiographic procedures, including angiography; in addition to individuals specified in §601.056 of the Act an LMRT with a cardiovascular category certificate may perform these;(6) fluoroscopy; in addition to individuals specified in §601.056 of the Act, an LMRT with a cardiovascular category certificate may perform these; and(7) cineradiography (including digital acquisition techniques); in addition to individuals specified in §601.056 of the Act, an LMRT with a cardiovascular category certificate may perform these.(c) Hazardous procedures are:(1) conventional tomography;(2) skull radiography, excluding anterior-posterior/posterior-anterior (AP/PA), lateral, Townes, Caldwell, and Waters views;(3) portable x-ray equipment;(4) spine radiography, excluding AP/PA, lateral and lateral flexion/extension views;(5) shoulder girdle radiographs, excluding AP and lateral shoulder views, AP clavicle, and AP scapula;(6) pelvic girdle radiographs, excluding AP or PA views;(7) sternum radiographs;(8) radiographic procedures which utilize contrast media; and(9) pediatric radiography, excluding extremities; in addition to the individuals specified under §601.056 of the Act an LMRT with the appropriate category certification may perform these. Pediatric studies must be performed with radioprotection so that proper collimation and shielding is utilized during all exposure sequences.(d) Mammography may only be performed in compliance with federal and state law specific to mammography, including Mammography Quality Safety Act and Texas Radiation Control Program.(e) LMRTs may perform hazardous procedures if within the scope of their certification.(f) Only an LMRT who holds a limited certificate in the cardiovascular category may perform procedures using contrast media and/or ionizing radiation for imaging a disease or condition of the cardiovascular system.", "sourceNote": "Source Note: The provisions of this §186.20 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223649", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "B", "label": "MEDICAL RADIOLOGIC TECHNOLOGIST CERTIFICATION, REGISTRATION, AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.21", "label": "Professional Identification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223650", "queryAsDate": "03/11/2026" }, "ruleBody": "Identification indicating certification type must be displayed at all times when performing procedures.", "sourceNote": "Source Note: The provisions of this §186.21 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223650", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "C", "label": "NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.25", "label": "Non-Certified Technicians (NCTs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223651", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who is not legally authorized under §601.101 of the Act or is exempt from certification under §§601.151 through 601.157 of the Act may intentionally use radiologic technology only if they submit the following to the Advisory Board:(1) the board-required application form;(2) payment of the required fee of $60.00, and additional fees and surcharges as applicable; and(3) required documentation, including but not limited to:(A) evidence of completion of a board approved NCT program;(B) birth certificate or other similar proof of age;(C) Professional or Work History Evaluation forms demonstrating or relating to the practice of radiologic technology for the preceding five years from the date of the application;(D) FBI/DPS Fingerprint Report;(E) documentation of alternate name or name change, if applicable;(F) training program transcript, if requested;(G) arrest records, if applicable;(H) malpractice records, if applicable;(I) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability practice, if applicable;(J) military orders or DD214, if applicable;(K) evidence of passage of Texas Jurisprudence examination with at least a score of 75; and(L) any other documentation deemed necessary by the board to process an application.(b) Applications are valid for one year from the date of submission. The one-year period can be extended for the following reasons:(1) delay in processing an application;(2) referral to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(c) In accordance with Texas Occupations Code, Chapter 55, military service members, veterans, and spouses must:(1) meet the general requirements as set forth in subsection (a) of this section; and(2) submit a completed application on the board-approved form and all additional documentation as required, with the exception of the application fee.", "sourceNote": "Source Note: The provisions of this §186.25 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223651", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "C", "label": "NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.26", "label": "Education Standards for Non-Certified Technician (NCT)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223652", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Placement on the Non-Certified Technician (NCT) registry requires successful completion of an approved program of 120 total classroom hours with the following minimum requirements:(1) radiation safety and protection for the patient, self and others--22 classroom hours;(2) image production and evaluation--24 classroom hours; and(3) radiographic equipment maintenance and operation--16 classroom hours including at least 6 hours of quality control, darkroom, processing, and Texas Regulations for Control of Radiation; and(4) anatomy and radiologic procedures of the:(A) skull (5 views: Caldwell, Townes, Waters, AP/PA, and lateral)--10 classroom hours;(B) chest--8 classroom hours;(C) spine--8 classroom hours;(D) abdomen, not including any procedures utilizing contrast media--4 classroom hours;(E) upper extremities--14 classroom hours;(F) lower extremities--14 classroom hours.(b) The training program hours must be live, in-person, and directed by an approved instructor.", "sourceNote": "Source Note: The provisions of this §186.26 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223652", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "C", "label": "NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.27", "label": "Procedural Rules for Non-Certified Technician (NCT) Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223653", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be processed in accordance with §601.105 of the Act.(b) The Executive Director may offer to an applicant:(1) the option to withdraw an application with missing items, defects, omissions, or other errors and resubmit a corrected application;(2) a Remedial Plan;(3) an Agreed Order; or(4) other recommendations considered appropriate by the board.(c) Applicants not approved for registration by the Executive Director may, within 20 days of notice of non-approval, request to appear before the Licensure Committee.(1) If the applicant fails to take timely action, the application for registration shall be deemed withdrawn regardless of the board's action.(2) The applicant shall be notified of the board's final determination.(3) An applicant has 20 days from the date of the notice of the board's final decision to either accept the determination or request an appeal to the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §186.27 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223653", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "C", "label": "NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.28", "label": "Renewal of Non-Certified Technician (NCT) Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223654", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Non-Certified Technicians (NCTs) must renew the registration of their registration on a biennial basis by:(1) completing a board renewal form;(2) submitting payment of a biennial registration fee of $56.00, and additional fees and surcharges, as applicable;(3) verifying and updating information related to their online verification;(4) completing biennial Continuing Education (CE) required under §186.29 of this chapter; and(5) providing other relevant information requested by board staff.(b) Failure to renew before a registration's expiration date will result in increased charges as follows: 1 day-1 year late--$50.00.(c) Failure to renew within one year after the expiration date of the registration will result in cancellation of the NCT registration.", "sourceNote": "Source Note: The provisions of this §186.28 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223654", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "C", "label": "NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.29", "label": "Biennial Non-Certified Technician (NCT) Continuing Education (CE)\nRequirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223655", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Non-Certified Technician (NCT) must complete 12 hours of continuing education each biennium as follows:(1) a minimum of 6 hours in activities designated for Category A or A+ credits by ARRT as a Recognized Continuing Education Evaluation Mechanism (RCEEM) or RCEEM+;(2) a course in human trafficking prevention approved by the Executive Commissioner of the Texas Health and Human Services Commission; and(3) the remaining credits may be composed of self-study or courses and made available upon board request.(b) A maximum of 12 hours may be carried forward, except the human trafficking prevention credit cannot be carried forward. The credits cannot be carried forward or applied more than two years following the period in which they are earned.(c) Exemptions for CE requirements.(1) Requests must be made in writing at least 30 days prior to expiration of the biennial renewal period for the following reasons:(A) catastrophic illness;(B) military service of longer than one year's duration outside the United States;(C) licensee's residence of longer than one year's duration outside the United States; or(D) other good cause.(2) Exemptions are subject to the approval of the Executive Director of the board and may not exceed two years.", "sourceNote": "Source Note: The provisions of this §186.29 adopted\r\nto be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223655", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "C", "label": "NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.30", "label": "Reissuance of Registration for Non-Certified Technicians (NCTs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223656", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For a Non-Certified Technician (NCT) who retired or surrendered their registration (including non-payment) and who is seeking to be reissued registration, the following is required:(1) all statutory requirements for certification must be met;(2) an application must be submitted and the required fee and additional fees and surcharges, as applicable, must be paid;(3) the requirements of §186.10 of this subtitle must be met;(4) competency to resume practice must be demonstrated; and(5) other remediation prescribed by the Advisory Board must be completed.(b) Applicants seeking reissuance of registration under this section will be reviewed and processed in accordance with §§164.151 and 164.152 of the Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §186.30 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223656", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "C", "label": "NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.31", "label": "Limited Practice of Non-Certified Technicians (NCTs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223657", "queryAsDate": "03/11/2026" }, "ruleBody": "A Non-Certified Technician (NCT) may not perform a radiologic procedure identified as dangerous or hazardous, as defined by §186.20 of this chapter.", "sourceNote": "Source Note: The provisions of this §186.31 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223657", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "C", "label": "NON-CERTIFIED TECHNICIAN REGISTRATION AND PRACTICE REQUIREMENTS" }, "rule": { "number": "§186.32", "label": "Professional Identification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223658", "queryAsDate": "03/11/2026" }, "ruleBody": "Identification indicating NCT status must be displayed at all times when performing procedures.", "sourceNote": "Source Note: The provisions of this §186.32 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223658", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "D", "label": "HARDSHIP EXEMPTIONS" }, "rule": { "number": "§186.40", "label": "Hardship Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223659", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A hospital, federally qualified health center (FQHC) as defined by 42 U.S.C. §1396d, or practitioner may qualify for a hardship exemption from employing an MRT, LMRT, or NCT for the following reason(s):(1) inability to attract or retain a MRT, LMRT, or NCT when the practitioner's practice, FQHC, or hospital is located in a county with a population of less than 50,000;(2) the practitioner's practice, FQHC, or hospital is more than 200 highway miles from the nearest approved school of medical radiologic technology;(3) the approved school(s) of medical radiologic technology has a waiting list of school applicants due to a lack of faculty or space for a training program;(4) the practitioner's, FQHC's, or hospital's need exceeds the number of graduates from the nearest approved school(s) of medical radiologic technology; or(5) emergency conditions have occurred during the 90 days immediately prior to making application for the hardship exemption.(b) To obtain a hardship exemption, the hospital, FQHC, or practitioner must submit the following, in addition to meeting the requirements of §601.203 of the Act:(1) completed board approved application form notating the basis for the hardship;(2) payment of the required $30.00 fee and additional fees and surcharges as applicable;(3) DPS/FBI fingerprint report for individuals who will perform the radiologic procedures; and(4) any other information deemed necessary to process an application.(c) If granted, a hardship exemption is valid for one year and must be reapplied for annually.(d) No more than seven individuals will be allowed to perform radiologic procedures under the hardship exemption, if granted.", "sourceNote": "Source Note: The provisions of this §186.40 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223659", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "D", "label": "HARDSHIP EXEMPTIONS" }, "rule": { "number": "§186.41", "label": "Bone Densitometry Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223660", "queryAsDate": "03/11/2026" }, "ruleBody": "Bone densitometry using x-radiation may be performed by:(1) a practitioner;(2) a registered nurse or physician assistant;(3) a certificate holder; or(4) a certified densitometry technologist who meets the following:(A) in good standing with the International Society for Clinical Densitometry (ISCD);(B) has successfully completed the ARRT bone density exam; or(C) has at least 20 hours of documented training as follows:(i) 16 hours using bone densitometry equipment utilized x-radiation; and(ii) 4 hours of radiation safety and protection training.", "sourceNote": "Source Note: The provisions of this §186.41\r\nadopted to be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223660", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "E", "label": "EDUCATION PROGRAMS AND INSTRUCTOR REQUIREMENTS" }, "rule": { "number": "§186.45", "label": "Education Programs and Instructor Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223661", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General certificate education programs must be accredited by an accrediting body recognized by:(1) the Council for Higher Education Accreditation, including but not limited to the JRCNMT; or(2) the United States Secretary of Education, including but not limited to JRCERT, ABHES, or SACS.(b) General requirements for LMRT and NCT education program approval includes submission of the following by the program director:(1) completed board-approved application form;(2) required fee of $500.00 and additional fees and surcharges as applicable;(3) other documentation deemed necessary to process an application.(c) Program directors of LMRT education programs must submit evidence of current accreditation by:(1) JRCERT, ABHES, or SACS to offer a limited curriculum in radiologic technology; or(2) JRCCVT to offer a curriculum in invasive cardiovascular technology.(d) Program directors of NCT education programs must submit documentation of the following board forms with any required supporting documentation:(1) Program General Information;(2) Program Outline and Curriculum;(3) Program Equipment and Safety Compliance;(4) Program Director and Instructors;(5) Program Student Education File;(6) Texas Workforce Commission form, and if approval has not been granted by the Texas Higher Education Coordinating Board, a letter or documentation from the Texas Workforce Commission, Career Schools and Colleges Section, indicating that the proposed training program has complied with or has been granted exempt status under Texas Education Code, Chapter 132; and(7) Program Attestation.(e) Requirements for NCT Instructors.(1) In accordance with §601.052 of the Act, an individual may apply to be approved as a NCT instructor by submitting the following:(A) a board approved application form;(B) required fee of $50.00 and additional fees and surcharges as applicable;(C) documents regarding qualifications, including;(i) current MRT certification;(ii) current LMRT certification (not a temporary certificate) in the same area as the proposed area of instruction; or(iii) current licensure for practitioners; and(D) other information deemed necessary to process an application.(2) Approval as an NCT instructor must be obtained at least 30 days before providing any instructional services in a board-approved NCT training program.(f) Other standards for programs and instructors are:(1) Approval must be obtained before beginning a program or acting as an instructor.(2) Approval of a training program or as an NCT instructor is valid for three years. The program or instructor may reapply for approval.(3) A program director must report the following to the board within 30 days after the event:(A) any change of address of the program;(B) any change in status of approved instructors or program director(s); and(C) any change in accreditation status.(4) Programs must retain copies of program records for five years.(5) Applications for approval are considered by the Executive Director. If a program or instructor is not approved, they may appeal for reconsideration by the Education Committee of the board.", "sourceNote": "Source Note: The provisions of this §186.45 adopted to be effective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223661", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "F", "label": "PROCEDURAL RULES" }, "rule": { "number": "§186.50", "label": "Procedural Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223662", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §601.311 of the Act, the Procedural Rules in Chapter 179 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(b) The rules related to Complaints and Investigations in Chapter 177 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(c) The rules related to Disciplinary Guidelines and Sanctions in Chapter 180 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls. Applicable rules for purposes of this subsection include, but are not limited to:(1) practice inconsistent with public health and welfare;(2) unprofessional or dishonorable conduct;(3) disciplinary actions by state boards and peer groups;(4) aggravating and mitigating factors; and(5) criminal convictions.(d) The rules related to Compliance in Chapter 181 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.", "sourceNote": "Source Note: The provisions of this §186.50 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223662", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "186", "label": "MEDICAL RADIOLOGIC TECHNOLOGY" }, "subchapter": { "number": "F", "label": "PROCEDURAL RULES" }, "rule": { "number": "§186.51", "label": "On-Going Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223663", "queryAsDate": "03/11/2026" }, "ruleBody": "A certificate holder or NCT must report any event listed in §162.2(b)(1) through (7) of this title to the board within 10 days after the event.", "sourceNote": "Source Note: The provisions of this §186.51 adopted to be\r\neffective January 9, 2025, 50 TexReg 394." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223663", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "A", "label": "TEXAS BOARD OF RESPIRATORY CARE" }, "rule": { "number": "§187.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223664", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) AARC--The American Association for Respiratory Care.(2) Act--The Respiratory Care Practitioners Act, Texas Occupations Code, Chapter 604.(3) Advisory Board--Texas Board of Respiratory Care.(4) Directing physician--A physician including a qualified medical director licensed by the Medical Board that directs a Texas state-certified respiratory care practitioner in the practice of respiratory care.(5) Educational accrediting body--Commission on Accreditation for Respiratory Care (CoARC), or other such organization approved by the Advisory Board in accordance with §604.054 of the Act.(6) Formal training--Completion of an organized educational activity in respiratory care procedures recognized by the Advisory Board.(7) Medical Practice Act--Texas Occupations Code, Title 3, Subtitle B, as amended.(8) NBRC--National Board for Respiratory Care, Inc.(9) Respiratory care--The treatment, management, control, diagnostic evaluation, and or care of patients who have deficiencies and abnormalities associated with the cardiorespiratory system, in conjunction with the provisions of §604.003 of the Act. Respiratory care does not include the delivery, assembly, set up, testing, and demonstration of respiratory care equipment upon the order of a licensed physician. Demonstration is not to be interpreted as the actual patient assessment and education, administration, or performance of the respiratory care procedure(s).", "sourceNote": "Source Note: The provisions of this §187.1 adopted\r\nto be effective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223664", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "A", "label": "TEXAS BOARD OF RESPIRATORY CARE" }, "rule": { "number": "§187.2", "label": "Functions and Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223665", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §604.052 of the Act, Advisory Board duties and functions include:(1) establishing standards for the practice of respiratory care;(2) regulating respiratory care practitioners through certification and discipline;(3) receiving complaints and investigating possible violations of the Act and the Advisory Board rules;(4) reviewing, modifying, proposing, and adopting rules;(5) considering, reviewing, and approving policy and changes as necessary; and(6) acting as resource concerning proposed legislative changes to reflect current medical and healthcare needs and practices.(b) Individual Advisory Board members are required to:(1) identify and disclose any conflicts of interest that may interfere with in carrying out their duties and functions or that may impede their ability to be fair and impartial, and recuse from such matters;(2) comply with the Act;(3) maintain the highest levels of professional and ethical conduct, including, but not limited to:(A) A board member shall not appear as an expert witness in any case in which a licensee of the board is a party and in which the expert testimony relates to standard of care or professional malpractice;(B) A board member shall not appear in any administrative proceeding involving the exercise of the board's licensing or disciplinary authority before the board or the State Office of Administrative Hearings (SOAH) in which proceeding a licensee of the board is a party;(C) A board member should refrain from making any statement that implies that the board member is speaking for the board if the board has not voted on an issue or unless the board has given the board member such authority.(4) immediately disclose if they are subject to a non-disciplinary or disciplinary action by any health care facility or professional licensing entity.(c) Failure to comply with any of the requirements set forth in the Act or this section will be reported to the Office of the Governor.", "sourceNote": "Source Note: The provisions of this §187.2 adopted to be\r\neffective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223665", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "A", "label": "TEXAS BOARD OF RESPIRATORY CARE" }, "rule": { "number": "§187.3", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223666", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Advisory Board meetings are conducted in accordance with the Texas Government Code, Chapter 551, and, to the extent possible, pursuant to the provisions of Robert's Rules of Order Newly Revised.(b) Special meetings may be called by the presiding officer or resolution of the Advisory Board.(c) The Advisory Board may act only by majority vote of its members present and voting. Proxy votes are not allowed.", "sourceNote": "Source Note: The provisions of this §187.3 adopted to be\r\neffective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223666&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223666", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "A", "label": "TEXAS BOARD OF RESPIRATORY CARE" }, "rule": { "number": "§187.4", "label": "Standing Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223667", "queryAsDate": "03/11/2026" }, "ruleBody": "The Standing Committees of the Advisory Board are as follows:(1) Discipline and Ethics Committee:(A) reviews and makes recommendations to resolve complaints, close investigations, and dismiss cases, and hears complainant appeals;(B) recommends, reviews, and develops improvements of the disciplinary process, rules, policies, and other related matters; and(C) receives reports on enforcement activities and statistical information.(2) Licensure Committee:(A) reviews applications and makes recommendations, based on eligibility criteria, for certification of respiratory care practitioners;(B) recommends, reviews, and develops changes to the licensure process, rules, policies, and other related matters as necessary; and(C) maintains communication with Texas respiratory care programs.", "sourceNote": "Source Note: The provisions of this §187.4 adopted\r\nto be effective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223667", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "B", "label": "CERTIFICATION AND REGISTRATION" }, "rule": { "number": "§187.10", "label": "General Requirements for Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223668", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a certificate must meet the requirements in §604.104 of the Act, and submit:(1) the board required application form;(2) payment of the required fee, and additional fees and surcharges, as applicable:(A) Respiratory care practitioner fee of $125.00; and(B) Temporary respiratory care practitioner fee of $55.00;(3) required documentation including, but not limited to:(A) Certification of Graduation form;(B) certified transcript of examination scores, if requested;(C) birth certificate or other similar proof of age;(D) current NBRC verification, if applicable;(E) Professional or Work History Evaluation forms demonstrating or relating to the practice of respiratory care for the preceding five years from the date of the application;(F) National Practitioner Data Bank/Health Integrity and Protection Data Bank report (NPDB-HIPDB);(G) FBI/DPS Fingerprint Report;(H) documentation of alternate name or name change, if applicable;(I) arrest records, if applicable;(J) malpractice records, if applicable;(K) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable;(L) military orders or DD214, if applicable;(M) evidence of passage of the Texas Jurisprudence examination with at least a score of 75; and(N) any other documentation deemed necessary by the board to process an application.(b) Applications are valid for one year from the date of submission. The one-year period can be extended for the following reasons:(1) delay in processing an application;(2) referral to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(c) In accordance with Texas Occupations Code, Chapter 55, military service members, veterans, and spouses must:(1) meet the general requirements as set forth in subsection (a); and(2) submit a completed application on the board approved form and all additional documentation as required, with the exception of the application fee.(d) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.", "sourceNote": "Source Note: The provisions of this §187.10 adopted to be\r\neffective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223668", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "B", "label": "CERTIFICATION AND REGISTRATION" }, "rule": { "number": "§187.11", "label": "Current Clinical Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223669", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants must submit professional or work history evaluations demonstrating or relating to the practice as a respiratory care practitioner in the preceding five years from the date of application. \"Current clinical practice\" may be demonstrated by:(1) currently practicing as a respiratory care practitioner involving treatment of persons;(2) enrollment as a student in an acceptable approved respiratory care program; or(3) appointment as an active teaching faculty member in an acceptable approved respiratory care program.(b) The Executive Director may offer to an applicant that cannot demonstrate current clinical practice as a respiratory care practitioner within the last three years from date of application:(1) a supervised temporary permit as set forth in §187.12 of this chapter;(2) remedial clinical education including, but not limited to, enrollment as a student at an acceptable respiratory care program approved by the Advisory Board; or(3) other remedial measures necessary to ensure protection of the public and minimal competency of the applicant to safely practice.", "sourceNote": "Source Note: The provisions of this §187.11 adopted\r\nto be effective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223669", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "B", "label": "CERTIFICATION AND REGISTRATION" }, "rule": { "number": "§187.12", "label": "Temporary Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223670", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a temporary permit must meet the requirements in §§604.107 and 604.108 of the Act.(b) Temporary permits may be issued to an applicant:(1) who is qualified for a full certificate, subject to the terms and conditions that require Advisory Board approval;(2) who has completed the requirements of §187.10 of this chapter, with the exception of the national certification examination; or(3) who must remedy current clinical practice issues set forth in §187.11 of this chapter.(c) In order to be determined eligible for a temporary permit to remedy a current clinical practice issue under §187.11 of this chapter, an applicant must be supervised by a licensed physician or respiratory care practitioner who:(1) has an unrestricted license in Texas;(2) has no pending investigation;(3) is not a relative or family member;(4) has never had a license revoked, suspended, restricted, or cancelled for cause; and(5) meets any other eligibility criteria established by the Advisory Board.(d) The duration of a temporary permit is no longer than 12 months from the date of issuance.(e) Temporary permits will be terminated upon:(1) issuance of a certificate; or(2) violation of conditions of a temporary permit.", "sourceNote": "Source Note: The provisions of this §187.12 adopted\r\nto be effective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223670", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "B", "label": "CERTIFICATION AND REGISTRATION" }, "rule": { "number": "§187.13", "label": "Procedural Rules for Certificate Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223671", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be processed in accordance with §604.105 of the Act.(b) The Executive Director may offer to an applicant:(1) the option to withdraw an application with missing items, defects, omissions, or other errors and resubmit a corrected application;(2) a Remedial Plan;(3) an Agreed Order; or(4) other recommendations considered appropriate by the board.(c) Applicants not approved for certification by the Executive Director may, within 20 days of notice of non-approval, request to appear before the Licensure Committee.(1) If the applicant fails to take timely action, the application for certification shall be deemed withdrawn regardless of the Advisory Board's action.(2) The applicant shall be notified of the Advisory Board's final determination.(3) An applicant has 20 days from the date of the notice of the Advisory Board's final decision to either accept the determination or request an appeal to the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §187.13 adopted\r\nto be effective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223671", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "B", "label": "CERTIFICATION AND REGISTRATION" }, "rule": { "number": "§187.14", "label": "Recertification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223672", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For a certificate holder who retired or surrendered their license (including cancellation for non-payment) and who is seeking to be recertified, the following is required:(1) all statutory requirements for licensure must be met;(2) the application must be submitted and the required fee of $125.00, and additional fees and surcharges, as applicable, must be paid;(3) the requirements of §187.10 of this chapter must be met;(4) competency to resume practice must be demonstrated; and(5) other remediation required by the Advisory Board must be completed.(b) In accordance with §604.2011 of the Act, applicants seeking recertification under this section will be reviewed and processed in accordance with §§164.151 and 164.152 of the Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §187.14 adopted to be\r\neffective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223672", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "B", "label": "CERTIFICATION AND REGISTRATION" }, "rule": { "number": "§187.15", "label": "Certificate Registration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223673", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Certificate holders must renew the registration of their certificate on a biennial basis by:(1) completing a board renewal form;(2) submitting payment of a biennial registration fee of $106.00, and additional fees and surcharges, as applicable;(3) verifying and updating information related to their online verification;(4) completing biennial Continuing Education (CE) required under §187.16 of this subchapter (relating to Biennial Continuing Education (CE) Requirements); and(5) providing other relevant information requested by board staff.(b) Failure to renew before a certificate's expiration date will result in increased charges as follows:(1) 1-90 days late -- renewal fee plus one half of the renewal fee; and(2) 91 days-1 year late -- double the renewal fee.(c) Failure to renew within one year after the expiration date of the certificate will result in cancellation of the certificate.", "sourceNote": "Source Note: The provisions of this §187.15 adopted to be\r\neffective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223673", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "B", "label": "CERTIFICATION AND REGISTRATION" }, "rule": { "number": "§187.16", "label": "Biennial Continuing Education (CE) Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223674", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As part of registration renewal, a certificate holder must complete 24 contact hours of Continuing Education (CE) during the biennial renewal period.(1) Of the 24 hours, at least 12 contact hours of traditional courses must be completed. For purposes of this rule:(A) \"Traditional CE\" is defined in accordance with the AARC and must be approved, recognized, accepted, or assigned as CE credit by a professional organization or association (such as TSRC, NBRC or AARC) or offered by a federal, state, or local government entity.(B) \"Non-traditional CE\" is defined in accordance with the AARC and must be approved, recognized, accepted, or assigned as CE credit by a professional organization or association (such as TSRC, NBRC or AARC) or offered by a federal, state, or local government entity.(2) Of the required contact hours, a course in human trafficking prevention approved by the Executive Commissioner of the Texas Health and Human Services Commission must be completed. The course may satisfy the required two contact hours on the topic of ethics.(3) Passage of NBRC, BRPT, NAECB or ACLS credentialing or proctored examination can be used as CE but only once every three renewal periods.(4) At least two contact hours must be on the topic of ethics. The ethics hours may be completed via traditional courses or non-traditional courses.(5) All CE courses must be relevant to the practice of respiratory care and be approved, recognized, or assigned credit by a professional organization or governmental entity.(6) A respiratory care practitioner who teaches or instructs a CE course or a course in a respiratory care educational program accredited by COARC or another accrediting body approved by the Advisory Board shall be credited one contact hour in non-traditional CE for each contact hour actually taught. CE credit will be given only once for teaching a particular course.(b) Military service members have the same CE requirements but are allowed extensions in accordance with Chapter 55.003 of the Texas Occupations Code, as applicable.(c) Exemptions for CME requirements.(1) Requests must be made in writing at least 30 days prior to expiration of the biennial renewal period for the following reasons:(A) catastrophic illness;(B) military service of longer than one year's duration outside the United States;(C) licensee's residence of longer than one year's duration outside the United States; or(D) other good cause.(2) Exemptions are subject to the approval of the Executive Director of the board and may not exceed two years.", "sourceNote": "Source Note: The provisions of this §187.16 adopted\r\nto be effective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223674", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "B", "label": "CERTIFICATION AND REGISTRATION" }, "rule": { "number": "§187.17", "label": "Inactive Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223675", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §604.156 of the Act, a certificate may be placed on inactive status.(b) Inactive status cannot exceed three years, after which the certificate will be automatically canceled.(c) To reactivate within three years, an applicant must meet all the requirements of §604.156(b) of the Act and §187.10 of this subtitle.(d) After a certificate has been cancelled, an applicant must meet all requirements under §187.11 and §187.14 of this subtitle to obtain recertification.", "sourceNote": "Source Note: The provisions of this §187.17 adopted to be\r\neffective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223675", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "C", "label": "PRACTICE REQUIREMENTS" }, "rule": { "number": "§187.20", "label": "On-Going Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223676", "queryAsDate": "03/11/2026" }, "ruleBody": "A certificate holder must report any event listed in §162.2(b)(1) - (7) of this title (relating to Physician Supervision of a Student Physician Assistant) to the Advisory Board within 10 days after the event.", "sourceNote": "Source Note: The provisions of this §187.20 adopted to be\r\neffective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223676", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "D", "label": "BOARD PROCESSES AND PROCEDURES" }, "rule": { "number": "§187.25", "label": "Procedural Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §604.209 of the Act, the Procedural Rules in Chapter 179 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(b) The rules related to Complaints and Investigations in Chapter 177 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(c) The rules related to Disciplinary Guidelines and Sanctions in Chapter 180 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls. Applicable rules for purposes of this subsection include but are not limited to:(1) practice inconsistent with public health and welfare;(2) unprofessional or dishonorable conduct;(3) disciplinary actions by state boards and peer groups;(4) aggravating and mitigating factors; and(5) criminal convictions.(d) The rules related to Compliance in Chapter 181 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.", "sourceNote": "Source Note: The provisions of this §187.25 adopted to be effective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223677", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "187", "label": "RESPIRATORY CARE PRACTITIONERS" }, "subchapter": { "number": "D", "label": "BOARD PROCESSES AND PROCEDURES" }, "rule": { "number": "§187.26", "label": "Consequences of Criminal Conviction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223550", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §604.058 of the Act, licensing and disciplinary matters or arrest and criminal history will be evaluated consistent with Chapter 53 of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §187.26 adopted to beeffective January 9, 2025, 50 TexReg 404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223550", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223551", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Act--Texas Occupations Code, Chapter 603.(2) Medical Practice Act--Texas Occupations Code, Title 3, Subtitle B, as amended.", "sourceNote": "Source Note: The provisions of this §188.1 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223551", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.2", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223552", "queryAsDate": "03/11/2026" }, "ruleBody": "Advisory Committee meetings shall be conducted in compliance with §603.057 of the Act; Texas Government Code, Chapter 551; and to the extent possible, pursuant to the provisions of Robert's Rules of Order Newly Revised.", "sourceNote": "Source Note: The provisions of this §188.2 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223552", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.3", "label": "General Requirements for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223553", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a license must meet the general standards in Chapter 603, Subchapter F, of the Act, and submit:(1) the board required application form;(2) payment of the required fee of $180.00, and applicable fees and surcharges, as applicable;(3) required documentation including, but not limited to:(A) an educational transcript;(B) a certified transcript of examination scores;(C) a current national certification;(D) a birth certificate or other similar proof of age;(E) Professional or Work History Evaluation forms demonstrating or relating to the practice of perfusion for the preceding 5 years from the date of the application;(F) National Practitioner Data Bank/Health Integrity and Protection Data Bank report (NPDB-HIPDB);(G) FBI/DPS Fingerprint Report;(H) documentation of alternate name or name change, if applicable;(I) arrest records, if applicable;(J) malpractice records, if applicable.(K) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable;(L) military orders or DD214, if applicable;(M) evidence of passage of Texas Jurisprudence examination with at least a score of 75; and(N) any other documentation deemed necessary by the board to process an application.(b) Applications are valid for one year from the date of submission. The one-year period may be extended for the following reasons:(1) delay in processing an application;(2) referral to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(c) In accordance with Texas Occupations Code, Chapter 55, military service members, veterans, and spouses must:(1) meet the general requirements as set forth in subsection (a) of this section; and(2) submit a completed application on the board approved form and all additional documentation as required, with the exception of the application fee.(d) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.", "sourceNote": "Source Note: The provisions of this §188.3 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223553", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.4", "label": "Educational Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223554", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the education requirements recognized in §603.254 of the Act, completion of an educational program accepted by the American Board of Cardiovascular Perfusion (ABCP) for examination purposes is also acceptable.", "sourceNote": "Source Note: The provisions of this §188.4 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223554", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.5", "label": "Competency Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223555", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A perfusion examination administered by the American Board of Cardiovascular Perfusion (ABCP) with a passing score is acceptable.(b) An applicant must demonstrate a credential as a Certified Clinical Perfusionist (CCP) within 3 years immediately preceding the date of application.", "sourceNote": "Source Note: The provisions of this §188.5 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223555", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.6", "label": "Procedural Rules for Licensure Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223556", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be processed in accordance with Chapter 603 of the Act.(b) The Executive Director may offer to an applicant:(1) the option to withdraw an application with missing items, defects, omission or other errors and resubmit a corrected application;(2) a Remedial Plan;(3) an Agreed Order; or(4) other recommendations considered appropriate by the board.(c) Applicants not approved for licensure by the Executive Director may, within 20 days of notice of non-approval, request to appear before the Licensure Committee.(1) If the applicant fails to take timely action, the application for licensure shall be deemed withdrawn regardless of the board's action.(2) The applicant shall be notified of the board's final determination.(3) An applicant has 20 days from the date of the notice of the board's final decision to either accept the determination or request an appeal to the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §188.6 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223556", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.7", "label": "Provisional Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provisional license applicant must meet general standards in §603.259 of the Act.(b) Applications for a provisional license will be processed in accordance with §§603.259 and 603.302 of the Act.(c) Applicants must:(1) submit board required application form;(2) pay the required fee of $180.00, and additional fees and surcharges, as applicable;(3) meet the general requirements as set forth in this §188.3 of this title, with the exception of exam scores and national certification; and(4) submit any other required documentation deemed necessary to process an application, including proof of a qualified supervisor.(d) An applicant who fails the ABCP examination may retake the examination no more than four times.", "sourceNote": "Source Note: The provisions of this §188.7 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223557", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.8", "label": "Supervision Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223558", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the requirements in §603.259 of the Act, the supervising licensee must:(1) have an unrestricted license in Texas;(2) have no pending investigation;(3) not be a relative or family member;(4) have never had a licensed revoked, suspended, restricted or cancelled for cause; and(5) meet any other eligibility criteria established by the board.", "sourceNote": "Source Note: The provisions of this §188.8 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223558", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.9", "label": "License Registration and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223559", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees must renew the registration of their license on a biennial basis by:(1) completing a board renewal form;(2) submitting payment of a biennial registration fee of $362.00, and additional fees and surcharges, as applicable; and(3) completing biennial continuing education (CE) required under §188.10 of this chapter; and(4) providing other relevant information requested by board staff.(b) Failure to renew before a license's expiration date will result in increased charges as follows:(1) 1-90 days late--renewal fee plus one quarter of the renewal fee; and(2) 91 days-1 year late--renewal fee plus one half of the renewal fee.(c) Failure to renew within one year after the expiration date of the certificate will result in cancellation of the certificate.", "sourceNote": "Source Note: The provisions of this §188.9 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223559", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.10", "label": "Biennial Continuing Education (CE) Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223560", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As part of registration renewal, a license holder must complete Continuing Education (CE) as follows:(1) completion of a course in human trafficking prevention approved by the Executive Commissioner of the Texas Health and Human Services Commission; and(2) completion of the annual ABCP certification CE requirements; or(3) complete 30 hours of CE as follows:(A) fifteen hours designated as ABCP approved;(B) completion of 40 cases as the Primary Perfusionist for Cardiopulmonary bypass (instructor or primary), ECMO, VAD, Isolated Limb Perfusion, or VENO-VENO bypass.(b) Documentation of CEs claimed must be maintained and produced upon request by the board.(c) Military service members are subject to the same CE requirements but are allowed extensions in accordance with §55.003 of the Texas Occupations Code, if applicable.(d) Carry forward of CE credit is allowed as follows:(1) excess hours earned in a biennium can only be applied to the immediately following biennial requirements; and(2) no hours can be carried forward past a single renewal period.(e) Exemptions for CE requirements.(1) Requests must be made in writing at least 30 days prior to expiration of the biennial renewal period for the following reasons:(A) catastrophic illness;(B) military service of longer than one year's duration outside the state;(C) licensee's residence of longer than one year's duration outside the United States; or(D) other good cause.(2) Exemptions are subject to the approval of the Executive Director of the board and may not exceed two years.", "sourceNote": "Source Note: The provisions of this §188.10 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223560", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.11", "label": "Relicensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223561", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For a licensee who retired or surrendered their license (including cancellation for non-payment) and is seeking to be relicensed, the following is required:(1) all statutory requirements for licensure must be met;(2) application must be submitted and the required fee of $180.00, and additional fees and surcharges, as applicable, must be paid;(3) the requirements of §188.3 of this title must be met;(4) competency to resume practice must be demonstrated; and(5) other remediation required by the board must be completed.(b) Applicants seeking relicensure under this section will be reviewed and processed in accordance with §§164.151 and 164.152 of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §188.11 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223561", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.12", "label": "Code of Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223562", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §603.151 of the Act, perfusionists must conform to all state and federal laws, rules, and professional standards.", "sourceNote": "Source Note: The provisions of this §188.12 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223562", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.13", "label": "On-Going Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223563", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder must report any event listed in §162.2(b)(1) through (7) of this title to the board within 10 days after the event.", "sourceNote": "Source Note: The provisions of this §188.13 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223563", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "188", "label": "PERFUSIONISTS" }, "rule": { "number": "§188.14", "label": "Procedural Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223537", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §603.401 of the Act, the Procedural Rules in Chapter 179 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(b) The rules related to Complaints and Investigations in Chapter 177 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(c) The rules related to Disciplinary Guidelines and Sanctions in Chapter 180 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls, including, but not limited to:(1) practice inconsistent with public health and welfare;(2) unprofessional or dishonorable conduct;(3) disciplinary actions by state boards and peer groups;(4) aggravating and mitigating factors; and(5) criminal convictions.(d) The rules related to Compliance in Chapter 181 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.", "sourceNote": "Source Note: The provisions of this §188.14 adopted to be effective January 9, 2025, 50 TexReg 412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223537", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223538", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act -- Texas Occupations Code, Chapter 602.(2) Board -- The Texas Medical Board.", "sourceNote": "Source Note: The provisions of this §189.1 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223538&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223538", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.2", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223539", "queryAsDate": "03/11/2026" }, "ruleBody": "Advisory Committee meetings shall be conducted in compliance with §602.058 of the Act; Texas Government Code, Chapter 551; and to the extent possible, pursuant to the provisions of Robert's Rules of Order Newly Revised.", "sourceNote": "Source Note: The provisions of this §189.2 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223539&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223539", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.3", "label": "General Requirements for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223540", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for a license must meet the requirements in §§602.203 and 602.207 of the Act, and submit:(1) the board required application form;(2) payment of the required fee of $130.00 for a single specialty, $50.00 for each additional specialty, and additional fees and surcharges as applicable; and(3) required documentation, including but not limited to:(A) an educational transcript;(B) a current Board Certification;(C) Professional Reference forms;(D) a birth certificate or other similar proof of age;(E) Professional or Work History Evaluation forms demonstrating or relating to the practice of medical physics for the preceding five years from the date of the application;(F) National Practitioner Data Bank/Health Integrity and Protection Data Bank report (NPDB-HIPDB);(G) FBI/DPS fingerprint report;(H) documentation of alternate name or name change, if applicable;(I) arrest records, if applicable;(J) malpractice records, if applicable.(K) treatment records for alcohol or substance use disorder or any physical or mental illness impacting the ability to practice, if applicable;(L) military orders or DD214, if applicable;(M) evidence of passage of the Texas Jurisprudence Examination with at least a score of 75; and(N) any other documentation deemed necessary by the board to process an application.(b) Applications are valid for one year from the date of submission. The one-year period may be extended for the following reasons:(1) delay in processing an application;(2) referral to the Licensure Committee;(3) unanticipated military assignments, medical reasons, or catastrophic events; or(4) other extenuating circumstances.(c) In accordance with Texas Occupations Code, Chapter 55, military service members, veterans, and spouses must:(1) meet the general requirements as set forth in subsection (a); and(2) submit a completed application on the board approved form and all additional documentation as required, with the exception of the application fee.(d) The board may allow substitute documents where exhaustive efforts on the applicant's part to secure the required documents are presented.", "sourceNote": "Source Note: The provisions of this §189.3 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223540", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.4", "label": "Required References" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223541", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §602.203(b)(4) of the Act, an applicant must submit three professional references as follows:(1) If applying for a single specialty, an applicant must submit references from at least two medical physicists and one licensed physician practicing in the same specialty.(2) If applying for two or more specialties, an applicant must submit references from at least two medical physicists and a licensed physician practicing in the same specialty area(s). One of the medical physicists must be practicing in at least one of the specialty areas, and the other medical physicist must practice in the other specialty area(s).(3) If applying for a license in medical health physics, the physician providing a reference must practice in diagnostic radiology, radiation oncology, or nuclear medicine.", "sourceNote": "Source Note: The provisions of this §189.4 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223541", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.5", "label": "Acceptable Education for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223542", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a license, an applicant must have earned a master's or doctoral degree from:(1) a medical physics program accredited by the Commission on Accreditation of Medical Physics Education Programs (CAMPEP);(2) an accredited college or university in physics, medical physics, biophysics, radiological physics, medical health physics or equivalent courses; or(3) an accredited university in physical science (including chemistry), applied mathematics or engineering with 20 hours upper division or graduate level physics courses. For the purpose of this clause, upper division semester hour credits are defined as third-level or above (junior, senior, or graduate) course work completed from a regionally accredited college or university.(b) Degrees received at international universities shall be acceptable only if such course work could be counted as transfer credit by regionally accredited universities. An applicant with an international degree must provide:(1) an International Credential Evaluation from the Foreign Credential Service of America (FCSA);(2) a credential evaluation from an American Board of Radiology (ABR) approved Credentials Evaluation organization; or(3) another similar entity as approved by the board.", "sourceNote": "Source Note: The provisions of this §189.5 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223542&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223542", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.6", "label": "Specialty Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223543", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant under this section must successfully pass one of the following examinations in each specialty for which an application is submitted:(1) Therapeutic Radiological Physics Specialty Examination offered by:(A) the American Board of Radiology or its successor organization in therapeutic radiological physics, radiological physics or therapeutic medical physics;(B) the American Board of Medical Physics or its successor organization in radiation oncology physics; or(C) the Canadian College of Physicists in Medicine or its successor organization in radiation oncology physics;(2) Medical Nuclear Physics Specialty Examination offered by:(A) the American Board of Radiology or its successor organization in medical nuclear physics radiological physics or nuclear medical physics;(B) the American Board of Medical Physics or its successor organization in nuclear medicine physics;(C) the American Board of Science in Nuclear Medicine or its successor organization in physics and instrumentation or in molecular imaging science; or(D) the Canadian College of Physicists in Medicine or its successor organization in nuclear medicine physics;(3) Diagnostic Radiological Physics Specialty Examination offered by:(A) the American Board of Radiology or its successor organization in diagnostic radiological physics, radiological physics or diagnostic medical physics;(B) the American Board of Medical Physics or its successor organization in diagnostic imaging physics or diagnostic radiology physics; or(C) the Canadian College of Physicists in Medicine or its successor organization in diagnostic radiology health physics;(4) Medical Health Physics Specialty Examination offered by:(A) the American Board of Radiology or its successor organization in radiological physics;(B) the American Board of Health Physics or its successor organization in health physic or comprehensive health physics;(C) the American Board of Medical Physics or its successor organization in medical health physics; or(D) the American Board of Science in Nuclear Medicine or its successor organization in radiation protection.", "sourceNote": "Source Note: The provisions of this §189.6 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223543", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.7", "label": "Current Clinical Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223544", "queryAsDate": "03/11/2026" }, "ruleBody": "Applicants must submit professional or work history evaluations demonstrating fulfillment of the minimum practice requirements set forth under §602.207 of the Act. \"Current clinical practice\" may be demonstrated by:(1) currently practicing as a medical physicist;(2) enrollment as a student at an acceptable approved school; or(3) appointment as an active teaching faculty member at an approved school.", "sourceNote": "Source Note: The provisions of this §189.7 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223544&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223544", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.8", "label": "Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223545", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants for a temporary license must meet the educational requirements under §189.5 of this title.(b) A temporary license shall be issued for each specialty for a one-year period.(c) The holder of a temporary license may apply for up to twelve temporary licenses.(d) Upon application for the seventh temporary license, the Board shall perform an evaluation of an applicant's progress toward certification in a medical physicist area of specialty. This evaluation will include, but is not limited to:(1) information on the applicant's current participation in any medical physicist training program;(2) identification of the medical physicist specialty/specialties an applicant is working toward;(3) the number of certification examinations taken during the previous six years and the results of said examinations;(4) any medical physicist certification(s) successfully completed during the previous six years. If this evaluation determines that satisfactory progress has not been made toward completion of a medical physicist certification, an application for an additional temporary license may be denied.(e) The board may, in its discretion, allow the holder of a temporary license to apply for more than twelve licenses.(f) The application for a temporary license shall include information regarding the experience in the medical physics specialty completed by the renewal applicant during the previous one-year period.(g) The work experience must be under the supervision of a licensed medical physicist holding a license in the specialty area. The work experience must be completed in accordance with a supervision plan approved by the board, signed by both the supervisor and the temporary license holder. In order to be approved as a supervisor, the licensed medical physicist must:(1) have an unrestricted license or certificate in Texas;(2) have no pending investigation;(3) not be a relative or family member;(4) have never had a license or certificate revoked, suspended, restricted, or cancelled for cause; and(5) meet any other eligibility criteria established by the board.(h) A supervisor shall supervise no more than two temporary license holders or their full-time equivalents, unless in a CAMPEP approved medical physics training.(i) Applicants for a temporary license must submit:(1) a board required application form; and(2) the required fee of $130.00 for a single specialty, $50.00 for each additional specialty, and additional fees and surcharges as applicable.(j) Temporary licenses will be terminated upon:(1) issuance of a full license; or(2) violation of conditions of a temporary license.", "sourceNote": "Source Note: The provisions of this §189.8 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223545", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.9", "label": "Procedural Rules for Licensure Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223546", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be processed in accordance with Chapter 602 of the Act.(b) The Executive Director may offer to an applicant:(1) the option to withdraw an application with missing items, defects, omission or other errors and resubmit a corrected application;(2) a Remedial Plan;(3) an Agreed Order; or(4) other recommendations considered appropriate by the board.(c) Applicants not approved for licensure by the Executive Director may within 20 days of notice of non-approval request to appear before the Licensure Committee.(1) If the applicant fails to take timely action, the application for licensure shall be deemed withdrawn regardless of the board's action.(2) The applicant shall be notified of the board's final determination.(3) An applicant has 20 days from the date of receipt of the notice of the board's final decision to either accept the determination or request an appeal to the State Office of Administrative Hearings (SOAH).", "sourceNote": "Source Note: The provisions of this §189.9 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223546", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.10", "label": "Registration and Renewal of Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223547", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees must renew the registration of their license on a biennial basis by:(1) completing a board renewal form;(2) submitting payment of a biennial registration fee and additional fees and surcharges, as applicable;(A) $260.00 for the first specialty;(B) $50.00 for each additional specialty, if applicable; and(3) completing biennial Continuing Education (CE) required under §189.11 of this subtitle; and(4) providing other relevant information requested by board staff.(c) Failure to renew before a license's expiration date will result in increased charges as follows:(1) 1-90 days late -- renewal fee plus one half of the renewal fee; and(2) 91 days-1 year late -- double the renewal fee.(c) Failure to renew within one year after the expiration date of the certificate will result in cancellation of the certificate.", "sourceNote": "Source Note: The provisions of this §189.10 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223547&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223547", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.11", "label": "Biennial Continuing Education (CE) Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223548", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As part of registration renewal, a license holder must complete Continuing Education (CE) as follows:(1) A licensee must complete 24 contact hours of CE recognized by the board. A contact hour shall be defined as 50 minutes of attendance and participation.(2) Recognized CE includes:(A) programs sponsored by American Association of Physicists in Medicine (AAPM), American College of Medical Physics (ACMP), American College of Radiology (ACR), Health Physics Society (HPS), Society of Nuclear Medicine and Molecular Imaging (SNMMI), Radiological Society of North America (RSNA), American Society for Therapeutic Radiology and Oncology (ASTRO), or other professional organizations acceptable to the board;(B) a program of study in medical physics that is accredited by the American Association of Physicists in Medicine Commission on Accreditation of Medical Physicist Education Programs;(C) participation in medical physics related courses, refresher courses, conferences, and seminars sponsored by state and private universities that have an accredited graduate medical physics program;(D) a course of study from an accredited college or university in physics, medical physics, biophysics, radiological physics, medical health physics or nuclear engineering; and(E) other courses that enhance the practice of medical physics and are acceptable to the board.(3) A medical physicist shall be presumed to have complied with this section if in the preceding 24 months, they obtain board certification or recertification by the American Board of Radiology (ABR), American Board of Medical Physics (ABMP), American Board of Science in Nuclear Medicine (ABSNM), or American Board of Health Physics (ABHP).(b) Military service members are subject to the same CE requirements but are allowed extensions in accordance with §55.003 of the Texas Occupations Code, if applicable.(c) Exemptions for CE requirements.(1) Requests for exemptions from completing the CE requirements must be made in writing at least 30 days prior to expiration of the biennial renewal period for the following reasons:(A) catastrophic illness;(B) military service of longer than one year's duration outside the state;(C) licensee's residence of longer than one year's duration outside the United States; or(D) other good cause.(2) Exemptions are subject to the approval of the Executive Director of the board and may not exceed two years.", "sourceNote": "Source Note: The provisions of this §189.11 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223548", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.12", "label": "On-Going Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223549", "queryAsDate": "03/11/2026" }, "ruleBody": "A medical physicist must report any event listed in §162.2(b)(1) through (7) of this title to the board within 10 days after the event.", "sourceNote": "Source Note: The provisions of this §189.12 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223549", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "9", "label": "TEXAS MEDICAL BOARD" }, "chapter": { "number": "189", "label": "MEDICAL PHYSICISTS" }, "rule": { "number": "§189.13", "label": "Procedural Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173974", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Procedural Rules in Chapter 179 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(b) The rules related to Complaints and Investigations in Chapter 177 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.(c) The rules related to Disciplinary Guidelines and Sanctions in Chapter 180 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls, including, but not limited to:(1) practice inconsistent with public health and welfare;(2) unprofessional or dishonorable conduct;(3) disciplinary actions by state boards;(4) aggravating and mitigating factors; and(5) criminal convictions.(d) The rules related to Compliance in Chapter 181 of this title shall apply, except to the extent those rules conflict with the Act, in which case the Act controls.", "sourceNote": "Source Note: The provisions of this §189.13 adopted to be effective January 9, 2025, 50 TexReg 415." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173974", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.1", "label": "Right of Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173975", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall establish standards for the licensure of establishments and individuals provided for in Occupations Code Chapter 651.", "sourceNote": "Source Note: The provisions of this §201.1 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173975", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.2", "label": "Right of Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173976", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall inspect funeral establishments as provided for in Occupations Code Chapter 651.", "sourceNote": "Source Note: The provisions of this §201.2 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173976", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.3", "label": "Right of Investigation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173977", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission may investigate complaints as provided for in Occupations Code Chapter 651.", "sourceNote": "Source Note: The provisions of this §201.3 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173977", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.4", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173978", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in Tex. Admin. Code, Title 22, Part 10, shall have the following meanings:(1) Advertising--The act of making publicly and generally known: the act of announcing publicly especially by a printed notice, electronic medium or a broadcast.(2) Alternative container--An unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials.(3) At-need--The time of need of funeral services or merchandise when a human being has become deceased.(4) Cash Advance item--Any item of service or merchandise described to a purchaser as a \"cash advance\", \"accommodation\", \"cash disbursement\" or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items may include, but are not limited to: cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities and death certificates.(5) Casket--A rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric.(6) Commission--The Texas Funeral Service Commission.(7) Cremation--A heating process which incinerates human remains.(8) Cremation Society--A resource for sharing a common interest of learning about cremation and providing consumers the assistance to locate cremation providers in their local area or outside their local area.(9) Direct Cremation--Disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present.(10) Funeral ceremony--A service commemorating the deceased with the body present.(11) Funeral goods--Goods which are sold or offered for sale directly to the public for use in connection with funeral services. Also referred to as funeral merchandise.(12) Funeral provider--Any person, partnership or corporation that sells or offers to sell funeral merchandise and funeral services to the public at need.(13) Graveside service--A funeral ceremony with the body present held at the burial site.(14) Holding the body hostage--Refusing for any reason to transfer or allow the transfer of a dead human body to the person responsible for making arrangements for final disposition.(15) Immediate burial--Disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service.(16) Memorial service--A ceremony commemorating the deceased without the body present.(17) Morgue--A place where bodies of unidentified persons or those who have died of violence or unknown causes are kept until release for burial or other lawful disposition.(18) Person--Any individual, partnership, corporation, association, government or governmental subdivision or agency or other entity.(19) Pre-need--Prearranged or prepaid funeral or cemetery services or funeral merchandise, including an alternative container, casket, or outer burial container. The term does not include a grave, marker, monument, tombstone, crypt, niche, plot, or lawn crypt unless it is sold in contemplation of trade for funeral services or funeral merchandise as defined by Finance Code Chapter 154.(20) Refrigeration of body--Maintenance of an unembalmed dead human body at a temperature of 34-40 degrees Fahrenheit.(21) SOAH--The State Office of Administrative Hearings.(22) Unreasonable Time--The retention of excess funds for a period that exceeds ten days from the time the funds were received by the funeral establishment or its agent.", "sourceNote": "Source Note: The provisions of this §201.4 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173978", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.5", "label": "Procedures for the Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.(2) Rule--Any Commission statement of general applicability that implements, interprets, or explains any statute, law, or policy related to the death care industry or describes the procedure or practice requirements of the Commission. The term includes the amendment or repeal of a prior rule. It does not include statements concerning only the internal management or organization of the Commission not affecting private rights or procedures.(b) Any interested person may submit a petition to the Commission requesting the adoption, amendment, or repeal of a rule. Petitions will be deemed submitted only when actually received in printed form by the Executive Director or his/her designee.(c) Each petition will clearly state:(1) the proposed rule(s), including the specific language recommended;(2) a brief explanation of the proposed rule;(3) the statutory or other authority under which the rule is proposed to be promulgated, including a concise explanation of the particular statute or other provisions under which the rule is proposed;(4) the rationale or justification for the adoption, amendment, or repeal of the rule, including the public benefit to be expected.(d) If the petition cannot be placed on the next regularly scheduled Commission agenda within 60 days after receiving the petition, the Executive Director shall automatically deny the petition and notify the petitioner of the denial. A petitioner may waive the 60 day response period in writing.(e) When a petition is received that meets the requirements of subsection (c) of this section and is not automatically denied under subsection (d) of this section, the Executive Director will forward the petition to the Presiding Officer of the Commission who will either assign the task to staff or an appropriate group of interested persons to study the petition and make a recommendation to the Commissioners.(f) The Commissioners will consider the submission of a petition and may either deny the petition or instruct the Executive Director to initiate rulemaking proceedings in accordance with the Administrative Procedure and Texas Register Act.(g) In the event a petition is denied, the Executive Director will advise the interested person who submitted the petition in writing of the denial and will state the reason for the denial by the Commissioners.", "sourceNote": "Source Note: The provisions of this §201.5 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173979", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.6", "label": "Negotiated Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173980", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission may engage in negotiated rulemaking to assist in the drafting of proposed rules if the Executive Director determines it is advisable to proceed under the procedures established in Government Code Chapter 2008. If the Executive Director concludes that formal negotiated rulemaking is not advisable, the Commission may nonetheless engage in informal negotiated rulemaking.", "sourceNote": "Source Note: The provisions of this §201.6 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173980", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.7", "label": "Preparation and Dissemination of Consumer Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173981", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall prepare and disseminate to the general public information of consumer interest explaining matters relating to funerals and the funeral industry, describing the regulatory functions of the Commission, and describing the Commission's procedure by which consumer complaints are filed and resolved by the Commission.(b) The Commission shall review and revise the information of consumer interest prepared and disseminated by the Commission on a biennial basis.(1) Any person or groups of persons may submit in writing any proposal concerning the content and/or the methods of dissemination of information of consumer interest prepared and disseminated by the Commission. Once submitted, such proposal shall become the property of the Commission and will not be returned.(2) The Commission shall review any proposals submitted to the Commission in writing concerning the content and/or method of dissemination of information of consumer interest.(c) Information of consumer interest prepared and disseminated by the Commission shall be available to the general public through funeral establishments. The Funeral Director in Charge shall prominently display Commission consumer brochures in the public view within the funeral establishment.(d) Information of consumer interest prepared and disseminated by the Commission shall also be available, upon request, to individuals and interested organizations or institutions, such as, better business bureaus, hospice groups, consumer groups, libraries, and legislators.", "sourceNote": "Source Note: The provisions of this §201.7 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173981", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.8", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173986", "queryAsDate": "03/11/2026" }, "ruleBody": "In computing any period of time prescribed or allowed by Tex. Admin. Code, Title 22, Part 10, by Order of the Commission, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day the act occurred, unless it be a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.", "sourceNote": "Source Note: The provisions of this §201.8 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173986", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.9", "label": "Subpoenas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173987", "queryAsDate": "03/11/2026" }, "ruleBody": "The Executive Director may issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, documents and/or other material relevant to the complaint under investigation or pending at SOAH.", "sourceNote": "Source Note: The provisions of this §201.9 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173987", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.10", "label": "Witness Travel Reimbursement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173982", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission may reimburse a witness in a SOAH hearing for travel expenses at the rates established by the General Appropriations Act for classified employees of the Commission. All documentation required of classified employees would be required of witnesses in order to be compensated.", "sourceNote": "Source Note: The provisions of this §201.10 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173982", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.11", "label": "Correspondence and Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173983", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All correspondence to an establishment or to a licensee shall be sent to the mailing address of record as reflected on the initial license application or as otherwise provided by the establishment or licensee.(b) Notice shall be deemed complete upon deposit by the Commission in a postpaid, properly addressed envelope. The correspondence must be placed in a post office or official depository under the care and custody of the United States Postal Service, FedEx, UPS or any other over-night mail delivery service.", "sourceNote": "Source Note: The provisions of this §201.11 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173983", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.12", "label": "Charges for Providing Copies of Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173984", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission determines charges for public information in accordance with the rules of the Office of the Attorney General at Tex. Admin. Code, Title 1, Part 3, §70.3.", "sourceNote": "Source Note: The provisions of this §201.12 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173984", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.13", "label": "Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173985", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall employ an Executive Director to manage the administrative affairs of the Commission under the Commissioners' discretion.(b) The Commission may delegate the Commissioners' duties to the Executive Director.(c) In the event of the Executive Director's absence or if the Executive Director is unable to act, the Presiding Officer of the Commission may designate an Acting Executive Director to perform the Executive Director's duties.", "sourceNote": "Source Note: The provisions of this §201.13 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173985", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.14", "label": "Introduction to Joint Memorandum of Understanding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173988", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Occupations Code §651.159 mandates the Texas Department of Banking, the Texas Funeral Service Commission, and the Texas Department of Insurance to adopt by rule a Joint Memorandum of Understanding (JMOU) relating to prepaid funeral services and transactions that:(1) outlines the responsibilities of each agency in regulating these services and transactions;(2) establishes procedures to be used by each agency in referring complaints to one of the other agencies;(3) establishes procedures to be used by each agency in investigating complaints;(4) establishes procedures to be used by each agency in notifying the other agencies of a complaint or of the investigation of a complaint;(5) describes actions the agencies regard as deceptive trade practices;(6) specifies the information the agencies provide consumers and when that information is to be provided; and(7) sets the administrative penalties each agency imposes for violation.(b) Any revisions to the JMOU will be adopted by rule by each agency.(c) The JMOU entered into by the three agencies is found at §201.15 of this title.(d) Nothing in this rule or in §§201.15 - 201.16 of this title shall be construed as prohibiting any agency from taking independent disciplinary action or assessing administrative penalties under their own statute or rules. The JMOU does not limit the authority of any agency, acting in its own capacity under state or federal law, to investigate complaints that fall within that agency's statutory jurisdiction.", "sourceNote": "Source Note: The provisions of this §201.14 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173988", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.15", "label": "Joint Memorandum of Understanding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173989", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Occupations Code §651.159, the Texas Funeral Service Commission (herein referred to as the \"TFSC\"), the Texas Department of Insurance (herein referred to as the \"TDI\"), and the Texas Department of Banking (herein referred to as the \"DOB\") hereby adopt the following joint memorandum of understanding (JMOU) relating to prepaid funeral benefits as defined in Finance Code Chapter 154. The TFSC, TDI, and DOB intend this memorandum of understanding to serve as a vehicle to assist the three agencies in their regulatory activities, and to make it as easy as possible for a consumer with a complaint to have the complaint acted upon by all three agencies, where appropriate. In order to accomplish this end, where not statutorily prohibited, the three agencies will share information between the agencies which may not be available to the public generally under the Public Information Act, Government Code Chapter 552. Such information will be transmitted between agencies with the understanding that it is considered confidential, is being furnished to the other agencies in furtherance of their joint responsibilities as state agencies in enforcing their respective statutes, and that it may not be disseminated to others except as required.(b) Responsibilities of each agency in regulating prepaid funeral benefits:(1) The Texas Funeral Service Commission is responsible for the following:(A) licensing funeral directors, embalmers, provisional funeral directors, provisional embalmers, crematory, and funeral establishments. The TFSC may refuse to license a person or establishment which violates Finance Code Chapter 154 under Occupations Code §651.460(b)(3);(B) taking action under Occupations Code §651.460(b)(3) against any licensee violating Finance Code Chapter 154; and(C) taking action under Occupations Code §651.460(b)(3) against any funeral director in charge, crematory owner, and/or funeral establishment owner for violations of Finance Code Chapter 154 by persons directly or indirectly connected to the crematory or funeral establishment.(2) The Texas Department of Banking is responsible for administering Finance Code Chapter 154, and 7 Texas Administrative Code (TAC) Chapter 25, including, but not limited to, the following:(A) bringing enforcement actions against any person, including licensees of TFSC and TDI, who violate Finance Code Chapter 154 and/or 7 TAC Chapter 25; and(B) all other actions authorized by Finance Code Chapter 154 and 7 TAC Chapter 25.(3) The Texas Department of Insurance is responsible for the following:(A) regulating insurers that issue or propose to issue life insurance policies or annuity contracts which may fund prepaid funeral contracts;(B) regulating individuals/entities that perform the acts of an insurance agent(s) as defined in the Insurance Code Article 21.02 and Chapter 101;(C) regulating insurance/annuity contracts that may fund prepaid funeral contracts;(D) regulating unfair trade practices relating to the insurance/annuity contracts which may fund prepaid funeral contracts pursuant to the Insurance Code Article 21.21;(E) regulating unfair claims settlement practices by insurance companies pursuant to the Insurance Code Chapter 542.(c) Procedures used by each agency in exchanging information with or referring complaint to one of the other agencies.(1) Exchanging information. If, upon receipt of a complaint, or during the course of an investigation, an agency (referred to as the receiving agency) receives any information that might be deemed of value to another of the agencies (referred to as the reviewing agency), the receiving agency will contact the reviewing agency and will forward the relevant information to the reviewing agency at its request.(2) Referral of complaints for handling. When an agency receiving a complaint refers the complaint to another agency for handling, the receiving agency will contact the complainant in writing informing him or her of the referral, provide contact information to the reviewing agency's processing of the complaint.(3) Complaint procedures. The three agencies will work together to establish procedures to ensure complaints will be fully resolved by the reviewing agency.(d) Procedures to be used by each agency in investigating a complaint.(1) All agencies.(A) Each agency will develop internal complaint procedures for violations relating to prepaid funeral benefits. The procedures should at a minimum provide for:(i) identification of necessary data and documents to be obtained from the complainant; and(ii) such other steps deemed necessary for the agency to perform an adequate and appropriate investigation.(B) Each agency may assist either of the other agencies with investigations relating to prepaid funeral benefits.(2) The Texas Funeral Service Commission.(A) Complaints received by the TFSC will be logged in and investigated as required under Occupations Code Chapter 651. A complaint about violations of Finance Code Chapter 154 and/or 7 TAC Chapter 25 will be referred to the DOB.(B) If disciplinary action against a licensee of the TFSC is found to be appropriate, the matter will be referred to the Administrator of Consumer Affairs & Compliance Division of TFSC.(C) If the complaint involves a matter handled by either the DOB or TDI, as well as a violation of the TFSC statutes or regulations, it will be referred to the appropriate agency for further action. DOB will be primarily responsible for enforcing violations of Finance Code Chapter 154 or 7 TAC Chapter 25. The agencies will coordinate their investigations to avoid duplication of effort.(3) Texas Department of Banking.(A) Complaints received by the Special Audits Division will be entered into a complaint log and assigned a reference number. If, after agency notice to the subject of the complaint, the complaint is not resolved, the DOB will investigate.(B) If disciplinary action against a person who violated Finance Code Chapter 154 or 7 TAC Chapter 25 is appropriate, the matter will be referred to the agency's legal staff.(C) If the complaint involves a matter handled by either the TDI or TFSC, as well as a violation of Finance Code Chapter 154 or 7 TAC Chapter 25, the DOB will coordinate with those agencies DOB will be primarily responsible for enforcing violations of Finance Code Chapter 154 or 7 TAC Chapter 25.(D) In the event that the DOB issues an order against a person or entity who is a licensee under the jurisdiction of the TFSC or the TDI, the DOB will send the TFSC and the TDI a copy of the order.(4) Texas Department of Insurance.(A) Complaints received by the Consumer Protection Division of TDI will be logged in and investigated, except that if a complaint is solely violations of Finance Code Chapter 154 and/or 7 TAC Chapter 25, the complaint will be referred to the DOB. Other areas of TDI can be called upon for assistance in the investigation of the complaint where appropriate.(B) If disciplinary or other regulatory action against a licensee of the TDI is found to be appropriate, the matter will be referred to the Compliance Intake Unit of TDI.(C) If the complaint involves a matter handled by either the DOB or TFSC, as well as a violation of the TDI statutes or regulations, it will be referred to the appropriate agency for further action. DOB will be primarily responsible for enforcing violations of Finance Code Chapter 154 or 7 TAC Chapter 25. The agencies will coordinate their investigations to avoid duplication of effort.(D) In the event that the Commissioner of Insurance issues an order against a person that also sells, funds or provides prepaid funeral benefits or is subject to the jurisdiction of the DOB or the TFSC, the TDI will send the DOB and the TFSC a copy of the order.(e) Actions the agencies regard as deceptive trade practices.(1) The TFSC, the DOB, and the TDI regard as deceptive trade practices those actions found under Business and Commerce Code §17.46.(2) With respect to trade practices within the business of insurance, the TDI regards as deceptive trade practices those actions found under Insurance Code Chapter 541, other chapters of the Code and the regulations promulgated by the TDI there under.(f) Information the agencies will provide consumers and when that information is to be provided.(1) TFSC, DOB, and TDI will continue to provide consumers with the brochure entitled \"Facts About Funerals\" developed by TFSC (in Spanish and in English). DOB will continue to provide consumers with information on its website in accordance with Finance Code §154.132, including the informational brochure developed in accordance with Finance Code §154.131.(2) DOB, TDI, and TFSC will maintain their toll free numbers.(3) TFSC, DOB, and TDI, as state agencies, are subject to the Public Information Act, Government Code Chapter 552. Upon written request, the three agencies will provide consumers with public information which is not exempt from disclosure under that Act. As noted in the preamble to this JMOU, the agencies may, where not statutorily prohibited, exchange information necessary to fulfill their statutory responsibilities among each other, without making such information public information under the Public Information Act.(g) Administrative penalties each agency imposes for violations.(1) Texas Funeral Service Commission. The TFSC may impose an administrative penalty, issue a reprimand, or revoke, suspend, or place on probation any licensee who violates Finance Code Chapter 154. TFSC administrative penalties vary based on the violation; TFSC sanctions are imposed under Occupations Code Chapter 651.(2) Texas Department of Banking. DOB administrative penalties vary based on the violation; DOB sanctions are imposed under Finance Code Chapter 154.(3) Texas Department of Insurance. TDI administrative penalties vary based on the violation; TDI sanctions are imposed under Insurance Code Chapter 82.", "sourceNote": "Source Note: The provisions of this §201.15 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173989", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.16", "label": "Memorandum of Understanding with the Texas Department of State Health Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173990", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement Texas Occupations Code Chapter 651, 76th Legislature, 1999, and Health and Safety Code Chapters 193 and 195. In an effort to better protect the public health, safety and welfare, it is the legislative intent of the laws of the Texas Department of State Health Services (Department) and the Texas Funeral Service Commission (TFSC) to adopt by rule a memorandum of understanding to facilitate cooperation between the agencies by establishing joint procedures and describing the actual duties of each agency for the referral, investigation, and resolution of complaints affecting the administration and enforcement of state laws relating to vital statistics and the licensing of funeral directors and funeral establishments. (b) Scope. (1) The Memorandum of Understanding (MOU) includes the respective responsibilities of the Department and the TFSC in regulating any person or entity under the Health and Safety Code Chapters 193 and 195, concerning the completion and filing of death records. (2) The Department and the TFSC will implement the cooperative procedure described in this memorandum to refer complaints to the other agency when that complaint falls within the other agency's jurisdiction or may have an effect on the administration and enforcement of the law for which the other agency is responsible. (3) The Department and the TFSC will implement the cooperative procedure described in this MOU in order to notify the other agency of violations of Health and Safety Code Chapters 193 and 195; and Texas Occupations Code Chapter 651 by funeral directors and funeral establishments, and to assist and encourage funeral directors, embalmers, and funeral establishments to conform their activities relating to the completion and filing of death records. (4) The MOU does not limit the authority of either agency, acting in its own capacity under state or federal law, to investigate complaints that fall within that agency's statutory jurisdiction. (c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agency--Texas Department of State Health Services or the Texas Funeral Service Commission. (2) Death record--A report of death, death certificate, or a burial-transit permit, and such other forms as the Texas Department of State Health Services determine to be necessary. (3) Department--The Texas Department of State Health Services or any local registrar. (4) Funeral Director--A person who for compensation engages in or conducts, or who holds himself out as being engaged, for compensation, in preparing, other than the embalming, for the burial or disposition of dead human bodies, and maintaining or operating a funeral establishment for the preparation and disposition, or for the care of dead human bodies. (5) Funeral establishment--A place of business used in the care and preparation for burial or transportation of dead human bodies, or any other place where one or more persons, either as sole owner, in co-partnership, or through corporate status, represent themselves to be engaged in the business of embalming and/or funeral directing, or is so engaged. (6) Local registrar-- (A) The justice of the peace is a local registrar of births and deaths in a justice of the peace precinct. However, the duty of registering births and deaths may be transferred to the county clerk if the justice of the peace and the county clerk agree in writing and the agreement is ratified by the commissioners court. (B) The municipal clerk or secretary is the local registrar of births and deaths in a municipality with a population of 2,500 or more. (C) If a local registrar fails or refuses to register each birth and death in the district or neglects duties, the county judge or the mayor, as appropriate, shall appoint a new local registrar and shall send the name and mailing address of the appointee to the state registrar. (7) Person-- (A) includes corporation, organization, government, or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity; or (B) includes individual, corporation, or association where enforcement of Health and Safety Code Chapter 195 is involved. (8) Physician--Any individual licensed by the Texas Medical Board to practice medicine in this state. (d) Delegation of responsibilities. The Department and TFSC agree that the agencies shall have the following responsibilities. (1) The Department shall have primary responsibility for the enforcement of the laws, rules, and policies governing the collection and maintenance of a system of vital statistics, including the collection and maintenance of death records for the State of Texas. Except as may be otherwise provided by law, the Department shall: (A) design the format and prescribe the data to be entered on all forms that constitute the death records of the state; (B) prescribe the rules and procedures to be followed by a funeral director licensed by TFSC in executing his/her responsibility to secure the required data and file the completed death record; (C) establish rules or policies to determine when a local registrar may accept the filing of a death record by a funeral director or the funeral director's designee and the purposes for which each record may be used, including the filing and uses of a delayed death certificate; and (D) enforce the provisions of the Health & Safety Code (Code) Chapter 193, in accordance with Chapter 195 of the Code relating to criminal penalties for violations of laws relating to vital statistics. These laws include Chapters 191, 192, and 193 of the Code and rules adopted thereunder. If the state registrar knows or suspects that a funeral director or a funeral establishment has violated the provisions of §195.003 or other provisions of Title 3 of the Code, he or she shall report the violation to the appropriate district or county attorney for prosecution. (2) The Texas Funeral Service Commission (TFSC) shall have primary responsibility for the enforcement of the laws, rules, and policies governing the licensing of funeral directors, embalmers, funeral and commercial embalming establishments. Except as may be otherwise provided by law, the TFSC has authority: (A) to inspect a funeral establishment for violations of Chapter 193 of the Code; and (B) to assess an administrative penalty or to reprimand, revoke, suspend, probate, deny or impose any combination of sanctions against a licensee in accordance with Texas Occupations Code Chapter 651, if the licensee has violated Chapter 193 or 195 of the Code or 25 TAC Chapter 181 of the Department rules; (3) Referral, investigation, and resolution of complaint. (A) If the Department receives a complaint that alleges conduct by a funeral director or a funeral establishment that constitutes possible violations of Texas Occupations Code Chapter 651, or the rules adopted by TFSC under authority of Texas Occupations Code Chapter 651, the Department may refer the complaint to the TFSC for investigation and disposition; however, if the complaint describes conduct by any person or entity licensed under Texas Occupations Code Chapter 651 that constitutes possible violations of Chapters 193 and 195 of the Code, the Department shall retain jurisdiction over the subject matter of the complaint, investigate the complaint, and if valid, shall file a complaint with TFSC; or the Department or any local vital statistics registrar may refer the complaint to TFSC for investigation and adjudication. (B) If TFSC receives a complaint that alleges conduct by any person that constitutes possible violations of Title 3 of the Code, TFSC shall immediately notify the Department of the complaint for any appropriate action by the Department. (C) If either agency receives a complaint that alleges facts that constitute a violation of any other law, the complaint shall be referred to the appropriate state administrative agency or state or local law enforcement agency. (D) Each agency shall appoint at least one person to an interagency team that will meet at least biannually and at that time review each unresolved complaint that affects the agencies jointly. (i) If the complaint has not been referred for investigation and resolution, the team will refer the complaint to the Department, TFSC, or other appropriate state administrative or law enforcement agency, including the State Board of Medical Examiners, or local law enforcement agency. (ii) If the Department and the TFSC determine that a complaint has been incorrectly referred, they will refer the complaint appropriately. (E) To the extent allowed by law, each agency shall cooperate and assist the other in the investigation and resolution of complaints. The following actions may be taken where indicated in the other's enforcement actions. (i) Either agency may request the assistance of the other in the investigation of a complaint. (ii) Each agency may share information obtained during the complaint investigation with the other agency when the subject matter of the complaint affects both agencies. (iii) Any information obtained by the TFSC as a result of a complaint investigation is not subject to public disclosure under the Government Code §552.101, by virtue of Texas Occupations Code Chapter 651, §651.203, until the case has reached its final disposition. (iv) Each agency shall make its personnel available to testify in an administrative or judicial proceeding brought on behalf of the other agency, when the personnel has knowledge of information that is material to the subject matter of the proceeding. (e) Effective date. This section shall become effective on August 1, 1994. The MOU may be amended at any time upon mutual agreement of the agencies and the amendments are effective as to each agency 20 days after the adopted amendments are filed with the Texas Register.", "sourceNote": "Source Note: The provisions of this §201.16 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173990", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.17", "label": "Severability Clause" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191455", "queryAsDate": "03/11/2026" }, "ruleBody": "The provisions of each section of the rules of the Commission are separate and severable from one another. If any provision is determined to be invalid, it is the Commission's intention that the remaining provisions shall continue in effect.", "sourceNote": "Source Note: The provisions of this §201.17 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191455", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "201", "label": "LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE" }, "rule": { "number": "§201.18", "label": "Agency Staff Training and Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196732", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with the State Employee Training Act, Commission staff may be permitted or required to attend training or education programs if those programs are related to the employee's duties or prospective duties, and the training materially aids effective administration of the Cemetery and Crematory Services, Funeral Directing, and Embalming Act or Commission rules and serves an important purpose.(b) The Commission's Executive Director shall be eligible to attend training and education programs, and shall determine which other employees will be permitted or required to attend training or education programs.(c) Employees who receive training or education must utilize the training or educational opportunity to prepare for technological and legal developments facing the Commission, or to increase their work capabilities or competence.(d) An employee, prior to receiving training or education for three or more months, during which the employee does not perform his or her regular duties, must enter into a written agreement with the Commission to comply with the requirements of Tex. Gov't Code §656.103(a)(1). Employees who fail or refuse to enter into such an agreement shall not be permitted to attend training or educational programs lasting three or more months.(e) The Commission shall pay the costs and expenses related to approved training or educational programs in accordance with the State Employee Training Act, the Comptroller's rules and regulations, and the Commission's own policies relating to employee reimbursement.", "sourceNote": "Source Note: The provisions of this §201.18 adopted to be effective July 12, 2018, 43 TexReg 4557." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196732", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.1", "label": "Funeral Director and Embalmer License Requirements and Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173995", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not engage in funeral directing or embalming in this state without holding a license issued by the Commission, unless the person is a mortuary student acting under the supervision and direction of a licensed funeral director or embalmer.(b) An applicant for a license shall meet the eligibility requirements of Occupations Code, §651.253.(c) The period of a license is two years beginning on the first day of the licensee's birth month. The initial licensing period may be less than two years.(d) The licensing fee must be paid before a license is issued. If the initial licensing period is less than two years, the licensing fee shall be prorated.(e) A person who does not receive a full license by exiting directly from the Commission's provisional license program or reciprocate from another state may apply for full licensure. The person must have been a provisional license holder in Texas no more than 24 months prior to application. The applicant shall complete an application, provide required proof of eligibility, pay an application fee, re-take and pass the State Mortuary Law Examination, and submit to a criminal background check.(f) Renewal Procedures and Conditions.(1) A license may be renewed beginning 60 days prior to its expiration if the licensee has paid the renewal fee and met the continuing education requirements of §203.8 of this title (relating to Continuing Education).(2) A person whose license is expired for 90 days or less may renew the license by meeting the continuing education requirements of §203.8 of this title and paying a renewal fee that is 1 and 1/2 times the amount of the normal renewal fee.(3) A person whose license is expired for more than 90 days but less than one year may renew the license by meeting the continuing education requirements of §203.8 of this title and paying a renewal fee that is two times the amount of the normal renewal fee.(4) A person whose license has been expired for one year or more may reinstate the license by meeting the following requirements:(A) retaking and passing the State Mortuary Law Examination;(B) payment of any applicable fees, including a renewal fee that is equal to two times the normally required renewal fee; and(C) completion of the continuing education requirements of §203.8 of this title.(5) Notwithstanding paragraph (4) of this subsection, a person whose license has been expired for one year or more may reinstate the license without retaking the applicable examination if the person has been licensed and practicing in another state for the two years preceding the application for reinstatement. The applicant must pay a renewal fee that is equal to two times the normally required renewal fee.(6) Notwithstanding paragraph (4) of this subsection, the Executive Director may waive any prerequisite to obtaining a license to a person whose license has been expired for no more than five years who is also a military service member, military veteran or military spouse as defined by Occupations Code, Chapter 55.(g) A licensee serving as an active military service member as defined by Occupations Code, Chapter 55, is exempt from the payment of license fees for the duration of the holder's military service or for anytime the Commission considers advisable.", "sourceNote": "Source Note: The provisions of this §203.1 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173995", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.2", "label": "Military Licensing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196733", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subsection applies to a military service member, military veteran or military spouse as defined by Occupations Code Chapter 55.(b) The Commission shall issue an expedited license to an applicant described in subsection (a) of this section who:(1) holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state; or(2) within the five years preceding the application date held a license in this state.(c) The Executive Director may allow an applicant described under subsection (b) of this section to demonstrate competency by alternative methods in order to meet the requirements for obtaining a particular license issued by the Commission. In lieu of the standard method(s) of demonstrating competency for a particular license, and based on the applicant's circumstances, the alternative methods for demonstrating competency may include any combination of the following as determined by the Commission:(1) education;(2) continuing education;(3) examinations (written and/or practical);(4) letters of good standing;(5) letters of recommendation;(6) work experience; or(7) other methods required by the Executive Director.(d) The Commission shall waive any application or examination fees for an applicant who is:(1) a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or(2) a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state.", "sourceNote": "Source Note: The provisions of this §203.2 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196733", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.3", "label": "Retired/Disabled License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196734", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the time of license renewal, any licensed Funeral Director, Embalmer or dual licensee aged 65 or older will be placed in a Retired, Active status. Upon written application to the Commission, a licensee may be placed in a Retired, Inactive status.(b) Upon written application to the Commission, any licensed Funeral Director, Embalmer or dual licensee with a disability of 75% or greater will be placed in a Disabled, Active or Disabled, Inactive status. Proof of disability will be required at the time of the application. If the Commission questions the validity of the certification, a certification from a second source may be required. Submission of required documentation does not imply a guarantee of acceptance of documentation or approval of the application.(c) Any individual holding an inactive license will be subject to disciplinary action if the individual performs any act of funeral directing and/or embalming.(d) Any individual holding an inactive license may convert at any time to either a Retired, Active or Disabled, Active license upon written notification to the Commission and payment of applicable licensing fees.(e) The fee for Retired, Active or Disabled, Active status is one-half the amount of the license renewal fee charged for active status.", "sourceNote": "Source Note: The provisions of this §203.3 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196734", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.4", "label": "Reciprocal License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196735", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who holds a funeral director's license or an embalmer's license issued by another state, country or territory may reciprocate the license with the Commission.(b) Any applicant for a license under this section shall file a sworn application. The application must include the following information:(1) a statement the applicant is the person who holds the license and the applicant's license is current and in good standing;(2) an affidavit made by the governmental entity or a registration officer of the state, country or territory that issued the license that verifies the license is active and the qualifications provided by the applicant are correct;(3) a copy of a certified transcript showing the applicant graduated from an accredited college of mortuary science; and(4) any other requirements necessary for licensure under Occupations Code §651.253.(c) An applicant under this section must show that the applicant has practiced for at least:(1) one year in a state with license requirements similar to those of the Commission; or(2) five years in a state that does not have license requirements similar to those of the Commission.(d) All applicants under this section shall sit for the State Mortuary Law Examination administered by the Commission. A passing score of at least 75% is required.(e) Each applicant shall submit to a criminal background check. An applicant is subject to the standards outlined by §203.16 of this title (relating to Consequences of Criminal Conviction.(f) The Executive Director shall waive licensure requirements under Occupations Code §651.253, if the applicant meets the licensure term under subsection (c)(1) of this section. The Executive Director may waive licensure requirements under Occupations Code §651.253, if the applicant meets the licensure term under subsection (c)(2) of this section.(g) The applicant shall pay a license fee in an amount set by the Commission.(h) The executive director may waive any prerequisite to obtaining a license under this section for an applicant who is licensed in a state with substantially equivalent licensing requirements and who is a military service member, military veteran, or military spouse as defined by Occupations Code Chapter 55.", "sourceNote": "Source Note: The provisions of this §203.4 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196735", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.5", "label": "Provisional License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173999", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a provisional license must meet the eligibility requirements of Occupations Code, §651.302 and shall submit to a criminal background check. Upon written application, the Commission shall waive the requirements of Occupations Code, §651.302(a)(2) and (b)(2) for a period not to exceed 12 months to an applicant who is otherwise qualified. This education waiver may be granted only to a person who has never held a provisional license issued by the Commission.(b) An applicant who is enrolled in an accredited mortuary college must have the college forward a letter of enrollment prior to a provisional license being issued. A provisional license holder who was granted an education waiver under Occupations Code §651.302(c) must have the college forward a letter of enrollment prior to a provisional license being renewed. An applicant or a provisional license holder who has completed coursework but is not a certified graduate may hold a provisional license if the person has the college forward a letter stating the person has filed for graduation and provide an expected graduation date within 3 months.(c) If a school or college or mortuary science loses its accreditation, a student who is enrolled and actively attending classes related to mortuary science will be considered to have graduated from an accredited school or college of mortuary science for the purpose of complying with Occupations Code §651.253, if the student graduates within 12 months of the loss of accreditation.(d) A provisional license holder may work only in a funeral establishment or commercial embalming establishment licensed by the Commission. All work must be performed under the direct and personal supervision of a duly licensed funeral director or embalmer, depending on the provisional license.(e) The provisional funeral director program may not be served in a commercial embalming establishment.(f) A provisional license holder must maintain employment with a funeral establishment or commercial embalming establishment, as applicable, throughout the provisional license period. A provisional license holder must notify the Commission where he/she is employed and if he/she changes employer. If the license holder is not employed, the Commission will cancel the provisional license.(g) A provisional license is valid for a term of 12 consecutive months. If a provisional license holder fails to complete the license requirements in the 12-month license period, the holder's license may be renewed for an additional 12 months, for a maximum term of 24 months.(h) Notwithstanding subsection (g) of this section, if a provisional license holder who was granted an education waiver under Occupations Code §651.302(c) fails to complete the license requirements in the maximum 24-month license period, the holder's license may be renewed for up to an additional 12 months, for a maximum term of 36 months. The license will be extended only for the number of months the provisional license holder was not enrolled in mortuary school.(i) Fees will not be refunded to a provisional license holder who fails to complete the program.(j) The Commission shall exit a provisional license holder from the program at any time during the license term if the license holder shows he/she has met the eligibility requirements of Occupations Code §651.253.(k) Upon the completion of the provisional license program, the provisional license holder shall submit the Commission promulgated Exit Application and all required documentation to the Commission. The Commission shall verify the information received to ensure the provisional licensee has met all requirements. All information submitted is subject to inspection.(l) Once the Commission confirms licensing requirements have been met, the Commission shall issue to the provisional license holder a written affidavit to be executed by the Funeral Director in Charge or the Embalmer in Charge, as applicable, which attests to the proficiency of the provisional license holder.(m) Prior to issuing a regular license, the Commission must receive the affidavit described by subsection (1) of this section and the fees required for regular licensure.(n) Examination Requirements.(1) An applicant for full licensure as a funeral director from the certificate program must pass the Texas State Board Examination as described in Occupations Code, §651.255.(2) An applicant for full licensure who holds an Associate of Applied Science degree is required to pass either or both of the examinations as described in Occupations Code, §§651.255 - 651.256, depending on the license type being sought.(3) Prior to being issued a provisional license, an applicant must pass the State Mortuary Law Examination administered by the Commission. If a person fails to submit an application for licensure within 6 months of taking the Mortuary Law Examination, the score is invalidated and the person must retake and pass the exam prior to licensure.(4) A passing score of at least 75% is required for each examination described in paragraphs (1) - (3) of this subsection.(o) A person who fails to submit an application within 6 months after submitting to a criminal background check may be required to submit to a subsequent background check.", "sourceNote": "Source Note: The provisions of this §203.5 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 6, 2016, 41 TexReg 7716; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173999", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.6", "label": "Provisional License Case and Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "180406", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Forty five (45) cases are required for the provisional funeral director license program, at least 10 of which must be complete cases. A complete funeral directing case consists of all major actions from the time of first call through interment or other disposition of the body.(b) Forty five (45) cases are required for the provisional embalmer license program, at least 10 of which must be complete cases. A complete embalming requires the provisional embalmer to handle all major actions included in §203.32 of this title performed on a particular body.(c) It is the responsibility of the Funeral Director in Charge or the Embalmer in Charge, whichever is applicable, and the provisional licensee to schedule case work sufficient to fulfill the requirements of the provisional program.(d) Each case on a case report form shall be certified by the licensee under whom the provisional licensee performed the work. Both the supervising licensee and the provisional licensee are subject to disciplinary action if the information submitted to the Commission is not true and accurate.(e) The provisional licensee must file with the Funeral Director in Charge or the Embalmer in Charge, whichever is applicable, a report outlining the number of cases performed and the name of the funeral director or embalmer under whom the cases were supervised. If a provisional licensee adds/moves to a new funeral establishment or commercial embalming facility, a separate case report form must be started. If a Funeral Director in Charge or the Embalmer in Charge changes, a separate case report form must be started. All signed case report forms accumulated during the provisional period may be used to verify the total number of cases performed.(f) Provisional licensees shall retain copies of all case report forms with supporting documentation for two years from the completion date of the provisional program.(g) Of the 45 required cases, a provisional license holder may include up to 10 cases performed at an accredited mortuary college whether or not the person held a provisional license at the time the cases were performed and if the college certifies to the Commission that the cases were successfully completed.(h) Case Reporting for Military Provisional Licensees(1) This subsection applies to an applicant who is military service member or military veteran as defined by Occupations Code Chapter 55 and does not have an unacceptable criminal history as defined by §203.16(h) of this title.(2) The Commission shall credit verified military service or training of the applicant described under paragraph (1) of this subsection toward the requirements outlined under this section.(3) A Joint Services Transcript, or comparable document issued by the United States military, is required to verify military training or education.", "sourceNote": "Source Note: The provisions of this §203.6 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=180406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "180406", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.7", "label": "Provisional License Reinstatement and Reapplication" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201661", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person whose provisional license is cancelled for failure to timely renew the license as described in Occupations Code, §651.305 may apply for reinstatement no later than the date the license would have expired if the license had been timely renewed. The applicant must pay the renewal fee and penalty upon application. The reinstated provisional license has the same expiration date as if the license had been timely renewed.(b) A person whose provisional license is cancelled for failure to complete the program within the prescribed time may apply for a new provisional license. As an applicant for a new license, the person is required to submit to a new criminal background check and retake and pass the State Mortuary Law Examination. Casework completed under a previous license may not be counted toward the requirements of the new license unless the applicant petitions the Executive Director for a hardship exemption. The petition must demonstrate the personal situation and reasons why the casework should count. If the Executive Director determines that the previously completed casework should not be counted under the new license, the Executive Director's decision may be appealed, in writing, and the appeal will be considered at the Commission's next regularly scheduled meeting.", "sourceNote": "Source Note: The provisions of this §203.7 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 6, 2016, 41 TexReg 7716." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201661", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.8", "label": "Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196737", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each person holding an active license and practicing as a funeral director or embalmer in this state is required to participate in continuing education as a condition of license renewal.(b) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Approved provider--Any person or organization conducting or sponsoring a specific program of instruction that has been approved the Commission.(2) Approved program--A continuing education program activity that has been approved by the Commission. The program shall contribute to the advancement, extension, and enhancement of the professional skills and knowledge of the licensee in the practice of funeral directing and embalming by providing information relative to the funeral service industry and be open to all licensees.(3) Hour of continuing education--A 50-minute clock hour completed by a licensee in attendance at an approved continuing education program.(c) Approval of continuing education providers.(1) A person or entity seeking approval as a continuing education provider shall file a completed application on a form provided by the Commission and include the continuing education provider fee and the fee for each course submitted. Governmental agencies are exempt from paying this fee.(2) National or state funeral industry professional organizations may apply for approval of seminars or other courses of study given during a convention.(3) An application for approval must be accompanied by a syllabus for each course to be offered which specifies the course objectives, course content and teaching methods to be used, and the number of credit hours each course is requesting to be granted, and a resume and description of the instructor's qualifications.(4) A provider is not approved until the Commission accepts the application and issues a Provider Number for the provider and a course number for each course offered under that Provider Number. The Commission may refuse to approve a provider's application for any valid reason, as determined by the Commission.(5) A Provider Number and course number are valid for one year, expiring on December 31st of each year, regardless of when the number was granted.(6) The Commission may approve courses that have been approved by the Academy of Professional Funeral Service Practice, Inc. (APFSP). A provider submitting such a course may need to submit the materials required under subsection (c)(3) of this section.(d) Responsibilities of approved providers.(1) The provider shall verify attendance at each program and provide a certificate of attendance to each attendee. The certificate of attendance shall contain:(A) the name of the provider and approval number;(B) the name of the participant;(C) the title of the course or program, including both the Commission-issued course and program number;(D) the number of credit hours given;(E) the date and place the course was held;(F) the signature of the provider or provider's representative;(G) the signature of the attendee; and(H) if the course was in-person or on-line.(2) The provider shall provide a mechanism for evaluation of the program by the participants, to be completed at the time the program concludes.(3) The provider shall maintain the attendance records and evaluations for a minimum of two years after the course is presented. A copy of the evaluations and/or attendance roster shall be submitted to the Commission upon request.(4) The provider shall be responsible for ensuring that no licensee receives continuing education credit for time not actually spent attending the program.(5) The Commission may monitor any continuing education course with or without prior notice.(e) Credit hours required.(1) Licensed funeral directors and embalmers who actively practice in this state are required to obtain 16 hours of continuing education every two-year renewal period. A licensee may receive credit for a course only once during a renewal period.(2) Persons in Retired or Disabled status are exempt from continuing education.(3) Persons in an active military status are eligible for exemption from the continuing education requirements, upon request. A copy of the active duty orders must be included in the request. Upon release from active duty and return to residency in the state, the individual shall meet the continuing education requirements before the next renewal period after the release and return.(f) The following are mandatory continuing education hours and subjects for each renewal period:(1) Ethics--two credit hours--this course must at least cover of right and wrong, the philosophy of morals, and standards of professional behavior.(2) Law Updates--two credit hours--this course must at least cover the most current versions of Occupations Code Chapter 651, Health and Safety Code Chapter 716, and the Rules of the Commission.(3) Vital Statistics Requirements and Regulations--two credit hours--this course must at least cover Health and Safety Code Chapters 193, 711, and Tex. Admin. Code, Title 25, Chapter 181.(g) The 16 hours of continuing education may be taken through Internet/online presentation.(h) The Commission will grant the following credit hours toward the continuing education requirements for license renewal. The credit hours outlined in this section are eligible to be counted toward the four hours of required in-person continuing education.(1) A person is eligible for a maximum of eight credit hours per renewal period for provisional licensee supervision, regardless of the number of provisional licensees supervised.(2) A presenter or instructor of approved continuing education is eligible for a maximum of two credit hours per renewal period per course for instruction, regardless of the number of times the course is presented.(3) A person is eligible for a maximum of four credit hours per renewal period for attendance at Commission meetings, provided the licensee signs in and is present during the entirety of the meeting.(i) Exemptions.(1) An individual whose renewal date is 12 months or less following initial licensure is not required to obtain continuing education hours prior to renewal of the license. An individual whose renewal date is more than 12 months following first licensure is required to complete the mandatory continuing education outlined in subsection (f) of this section.(2) The Executive Director may authorize full or partial hardship exemptions from the requirements of this section based on personal or family circumstances and may require documentation of such circumstances.(A) The hardship request must be submitted in writing at least 30 days prior to the expiration of the license.(B) Hardship exemptions will not be granted for consecutive licensing periods.(j) The Commission will not renew the license of an individual who fails to obtain the required 16 hours of continuing education.(k) Any licensee receiving or submitting for credit continuing education hours in a fraudulent manner shall be required to obtain all continuing education on site and not online for two consecutive renewal periods and shall be subject to any applicable disciplinary action.", "sourceNote": "Source Note: The provisions of this §203.8 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625; amended to be effective November 22, 2020, 45 TexReg 8134." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196737", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.9", "label": "Licensure of Funeral Establishments and Commercial Embalming Establishments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174003", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) New License Applications.(1) Applications for licensure must be submitted on forms developed by the Commission. Applications shall be accompanied by applicable licensing fees, purchase agreement forms, all price lists, and embalming case report forms to be used, if applicable, which reflect the establishment's name and provide a placeholder for the establishment's license number.(2) The passage of an inspection is mandatory for a new establishment seeking its initial licensure and for previously licensed establishments that have changed physical location.(3) The license shall be issued to the establishment's owner.(4) A change of name or physical address requires the submission of a new establishment license application.(5) A new license will not be issued unless all fees have been paid. Prior to a new license being issued under paragraph (4) of this subsection, any outstanding penalties of the previous establishment must be paid unless the penalties are the subject of an administrative hearing or judicial review.(6) A license expires on the last day of the month 12 months from the date of issue.(b) Renewal Applications(1) The renewal period of a license is 12 months.(2) A late renewal fee will be assessed for an application for renewal which has been postmarked after its renewal date.(3) Establishments may be inspected upon the submission of a renewal application.(4) A renewal license will not be issued unless all fees and outstanding penalties, if any, have been paid or the Commission's records reflect that the applicant is current on a payment plan or that penalties previously assessed are the subject of an administrative hearing or judicial review.(5) The Commission may investigate any circumstances involved with the renewal of any license as provided for in Occupations Code Chapter 651.(6) A license will be cancelled if the application for renewal is not received within 90 days of the expiration date of the license.(c) A funeral establishment or commercial embalming facility may effect a change of ownership by either submitting a new license application under subsection (a) of this section or by notifying the Commission, on a form prescribed by the Commission, within 30 days. In submitting the form, the new owner must attest to the information contained on the form and must submit any documentation required by the Commission. The Commission may assess a fee to accompany the form attesting to the ownership fee. The fee may not exceed half the cost of applying for a new establishment license.(d) The Commission may refuse to issue a new license or to renew an outstanding license or may revoke an establishment's license if it determines that the license application or the change of ownership affidavit contains materially false information or that a person whose individual license to practice funeral directing or embalming is currently suspended or revoked owns the establishment or an interest in the establishment.", "sourceNote": "Source Note: The provisions of this §203.9 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 6, 2016, 41 TexReg 7717; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174003&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174003", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.10", "label": "Preparation Room Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196738", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A funeral establishment may request, in writing, the Executive Director exempt a funeral establishment from the requirement of having a preparation room. The Executive Director may grant the request only if the establishment is within 50 miles of another funeral establishment that contains a preparation room and has the same ownership.(b) The funeral establishment seeking the exemption must attest that no embalming services will be performed at the exempt establishment.(c) An applicant for an exemption may appeal, in writing, the Executive Director's denial of the request to the Commissioners. The Commissioners' decision is final.", "sourceNote": "Source Note: The provisions of this §203.10 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196738", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.11", "label": "Establishment Names and Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174005", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each application for licensure shall contain the name to be used on the license.(b) Upon receiving an application for a new establishment license, the Commission shall review establishment names in its database. The Commission shall issue the license in the requested name when all licensing requirements are satisfied, unless the Commission determines that the name is deceptively or substantially similar to the name of another licensed establishment in the same county, metropolitan area, municipality, or service area. In these instances, the Executive Director shall deny a license for a name that is deceptively or substantially similar to the name of another establishment, unless that establishment agrees in writing to the name's use.(c) An establishment's licensed name may be changed by following the procedure outlined in §203.9 of this title (relating to Licensure of Funeral Establishments and Commercial Embalming Establishments) and by satisfying the requirements of subsection (b) of this section.(d) An applicant for approval of a new or changed name may appeal the Executive Director's denial of the request to the Commissioners. The Commissioners' decision is final.(e) All advertising on a website controlled by an entity licensed by the Commission must operate as follows:(1) The licensed name of the entity, or a registered trademark or registered trade name belonging to the licensed entity and the establishment's license number must appear on the contact information page.(2) Irrespective of the name on the website, provisions must be made on the website so that an individual who wishes to enter into a funeral-related transaction must not be able to complete such a transaction without openly and apparently dealing with the licensed entity under the licensed name as reflected in the records of the Commission.(3) All locations advertised shall be licensed by the Commission.(f) No funeral establishment, commercial embalming establishment, or crematory shall advertise in a manner which is false, misleading, or deceptive.(g) A cremation society's website and any advertising shall be linked with a licensed funeral establishment or licensed crematory establishment. The licensed funeral establishment and its location shall be provided on the website or advertising.", "sourceNote": "Source Note: The provisions of this §203.11 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174005&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174005", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.12", "label": "Temporary Operation Authorization--Damaged Establishments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174006", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may grant a temporary operation authorization to a funeral establishment, commercial embalming facility, or crematory to operate at a temporary location if the licensed location is damaged by fire, flood, or other natural disaster.(b) The temporary location must meet all the requirements for establishments under Occupations Code Chapter 651 and the Rules of the Commission.(c) The application for a temporary operation authorization shall be in writing, shall detail the circumstances which prevent the conduct of business at the licensed location, and shall provide an estimated date by which the licensed location will be made ready for operation.", "sourceNote": "Source Note: The provisions of this §203.12 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174006", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.13", "label": "Franchise Tax" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174008", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any taxable entity, as defined under Tax Code §171.0002, contracting with the Commission and/or any taxable entity that is an applicant for a license or permit issued by the agency must certify in writing, on a form provided by the agency, that its right to transact business in Texas is active, that it is exempt from payment of the franchise tax or that it is an out-of-state entity that is not subject to the franchise tax.(b) The making of a false statement as to franchise tax status on any license or permit application shall be grounds for disciplinary action.(c) The making of a false statement as to franchise tax status with regards to a state contract shall be grounds for cancellation of the contract at the option of the agency by treating the statement as a material breach of contract.", "sourceNote": "Source Note: The provisions of this §203.13 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174008", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.15", "label": "Required Notification of Criminal Conviction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201662", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for licensure shall disclose in writing to the Commission any conviction against him or her related to the occupations of funeral directing or embalming as defined by §203.16(h) of this title at the time of application.(b) A current licensee shall disclose in writing to the Commission any conviction against him or her related to the occupations of funeral directing or embalming as defined by §203.16(h) of this title at the time of renewal or no later than 30 days after judgment in the trial court, whichever date is earlier.(c) Upon notification of a conviction, the Commission shall request that the person respond by filing information demonstrating why the Commission should not deny the application or take disciplinary action against the person, if already licensed. The response must be filed within 21 days of the date of receipt of notice from the Commission. An applicant for licensure is responsible for filing documentation that will allow the Commission to take action under §203.16 of this title.", "sourceNote": "Source Note: The provisions of this §203.15 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201662", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.16", "label": "Consequences of Criminal Conviction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173992", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may suspend or revoke a license or deny a person from receiving a license on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of an occupation required to be licensed by Occupations Code, Chapter 651 (Chapter 651).(b) The Commission may not consider an arrest that did not result in the person's conviction or placement on deferred adjudication community supervision.(c) The Commissioners may place an applicant or licensee who has been convicted of an offense on probation by authorizing the Executive Director to enter into an Agreed Order with the licensee. The Agreed Order shall specify the terms of the probation and the consequences of violating the Order.(d) If the Commissioners suspend or revoke a license or deny a person from getting a license, the Commission must notify the person of the decision in writing. That notice must explain any factor(s) considered under subsection (f) or (g) of this section that served as the basis for the action and notify the licensee or applicant he or she has the right to appeal that decision to SOAH.(e) The Commission shall immediately revoke the license of a person who is imprisoned following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision. A person in prison is ineligible for licensure. Revocation or denial of licensure under this subsection is not subject to appeal at SOAH.(f) The Commission shall consider each of the following factors in determining what crimes directly relate to the duties and responsibilities of an occupation required to be licensed under Chapter 651, and therefore are included in subsection (h) of this section:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to engage in the occupations of funeral directing and/or embalming;(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as the person previously had been involved;(4) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the licensed occupation; and(5) any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.(g) If the person has been convicted of a crime enumerated under subsection (h) of this section or a crime that otherwise directly relates to the duties and responsibilities of the occupation required to be licensed under Chapter 651, the Commission shall consider the following in determining whether to take action authorized by Texas Occupations Code Section 53.021:(1) the extent and nature of the person's past criminal activity;(2) the age of the person when the crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the person's fitness including letters of recommendation.(h) The following crimes are directly related to the occupations of funeral directing or embalming, or a crime that otherwise directly relates to the duties and responsibilities of the occupation required to be licensed under Chapter 651, the Commission shall consider the following determining whether to take action authorized by Texas Occupations Code Section 53. 021:(1) Class B misdemeanors classified by Occupations Code §651.602:(A) acting or holding oneself out as a funeral director, embalmer, or provisional license holder without being licensed under Chapter 651 and the Rules of the Commission;(B) making a first call in a manner that violates Occupations Code §651.401;(C) engaging in a funeral practice that violates Chapter 651 or the Rules of the Commission; or(D) violating Finance Code, Chapter 154, or a rule adopted under that chapter, regardless of whether the Texas Department of Banking or another governmental agency takes action relating to the violation;(2) the commission of acts within the definition of Abuse of Corpse under Penal Code, §42.08, because those acts indicate a lack of respect for the dead;(3) an offense listed in Article 42A.054, Code of Criminal Procedure as provided by Occupations Code §53.021(a)(2);(4) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure as provided by Occupations Code §53.021(a)(3);(5) the following crimes because these acts indicate a lack of respect for human life and dignity:(A) Murder;(B) Assault;(C) Sexual Assault;(D) Kidnapping;(E) Injury to a Child;(F) Injury to an Elderly Person;(G) Child Abuse;(H) Harassment; or(I) Arson;(6) the following crimes because these acts indicate a lack of principles needed to practice funeral directing and/or embalming:(A) Robbery;(B) Theft;(C) Burglary;(D) Forgery;(E) Perjury;(F) Bribery;(G) Tampering with a governmental record; or(H) Insurance claim fraud; and(7) the following crimes because these acts indicate a lack of fitness to practice funeral directing and/or embalming:(A) delivery, possession, manufacture or use of or the illegal dispensing of a controlled substance, dangerous drug, or narcotic; or(B) multiple (more than two) convictions for driving while intoxicated or driving under the influence.(i) Multiple violations of any criminal statute shall be reviewed by the Commission because multiple violations may reflect a pattern of behavior that renders the applicant unfit to hold a funeral director's and/or embalmer's license.(j) The Commission may not consider a person to be convicted of an offense if the judge deferred further proceedings without entering an adjudication of guilt, placed the person on community supervision, and dismissed the proceedings at the end of the community supervision. However, if the Commission determines that the licensure of the person as a funeral director and/or embalmer would create a situation in which the person has the opportunity to repeat the prohibited conduct, the Commission shall consider a person to have been convicted regardless of whether the proceedings were dismissed after a period of deferred adjudication if:(1) the person was charged with any offense described by Article 62.001(5) Code of Criminal Procedure;(2) the person has not completed the term of community supervision or the person completed the period of supervision less than five years before the date of application; or(3) a conviction of the offense would make the person ineligible for the license by operation of law.(k) Prior to taking action against a person as authorized by Texas Occupations Code §53.021, the Commission shall provide written notice to the person that includes a statement that the final decision of the Commission will be based on factors listed under subsection (f) or subsection (g) of this section and that the person has the responsibility to provide evidence regarding those factors. The notice shall allow the person no less than 30 days from receiving the notice to submit any relevant evidence or information.", "sourceNote": "Source Note: The provisions of this §203.16 adopted to be effective October 18, 2015, 40 TexReg 7065; amended to be effective January 3, 2019, 44 TexReg 96; amended to be effective November 22, 2020, 45 TexReg 8134." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173992", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.17", "label": "Criminal History Evaluation Letter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173993", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to submitting an application for licensure, a person may request the Commission issue a criminal history evaluation letter regarding the person's eligibility for a license if the person is enrolled or planning to enroll in an educational program that prepares a person for an initial license.(b) A person may request a criminal history evaluation letter if he or she has reason to believe the Commission may determine that he or she is ineligible for a license due to a conviction or deferred adjudication for a felony or misdemeanor offense outlined in §203.16(h) of this title. The request must state the basis for the potential ineligibility.(c) The Commissioners must consider the application for a criminal history evaluation letter at the next regularly scheduled Commission meeting if all requested information is received in a timely manner.(d) If the Commissioners determine that a ground for ineligibility does not exist, the Commission shall notify the requestor in writing of the Commission's determination of eligibility. The motion for eligibility is subject to the criminal behavior known to the Commission as of the date of the determination. Any future criminal behavior could impact the issuance of a license.(e) If the Commissioners determine that a ground for ineligibility does exist, the Commission shall notify the requestor in writing of the Commission's determination of ineligibility.(f) The Commission may charge a person requesting an evaluation under this section a fee. Fees must be in an amount sufficient to cover the cost of administering this section.(g) The Commissioners may issue a probated license to an applicant who is not ineligible under subsection (d) of this section, but has been convicted of an offense by authorizing the Executive Director to enter into an Agreed Order with the licensee. The Agreed Order shall specify the terms of the probation and the consequences of violating the Order. Once the terms of the probated license have been satisfied, the person shall be licensed as any other licensee who had not been on probation.(h) The Commission shall revoke, without hearing, a probated license if the license holder commits a new offense; commits an act or omission that causes the person's community supervision, mandatory supervision, or parole to be revoked, if applicable; or violates Occupations Code Chapter 651 or the Rules of the Commission.(i) A person who is on community supervision, mandatory supervision, or parole and who is issued a license under this section shall provide to the Commission the name and contact information of the probation or parole department to which the person reports. The Commission shall notify the probation or parole department that a license has been issued.", "sourceNote": "Source Note: The provisions of this §203.17 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173993", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "A", "label": "LICENSING" }, "rule": { "number": "§203.18", "label": "Reissuance of Revoked Funeral Director and/or Embalmer License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174009", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person whose license to practice funeral directing and/or embalming has been revoked may, after at least three years from the effective date of such revocation, petition the Commission for reissuance of the license, unless another time is provided in the revocation order.(b) The petition shall be in writing.(c) The Commissioners may grant or deny the petition. If the petition is denied by the Commissioners, a subsequent petition may not be considered by the Commissioners until 12 months have lapsed from the date of denial of the previous petition.(d) The petitioner or his legal representative may appear before the Commissioners to present the request for reissuance of the license.(e) The petitioner shall have the burden of showing good cause why the license should be reissued.(f) In considering a petition for reissuance, the Commissioners may consider the petitioner's:(1) moral character;(2) employment history;(3) status of financial support to his family;(4) participation in continuing education programs or other methods of staying current with the practice of funeral directing and/or embalming;(5) criminal history record, including felonies or misdemeanors relating to the practice of funeral directing, embalming and/or moral turpitude;(6) offers of employment as a funeral director and/or embalmer;(7) involvement in public service activities in the community;(8) compliance with the provisions of the Commission Order revoking or canceling the petitioner's license;(9) compliance with provisions of Occupations Code Chapter 651, regarding unauthorized practice;(10) history of acts or actions by any other state and federal regulatory agencies; or(11) any physical, chemical, emotional, or mental impairment.(g) In considering a petition for reissuance, the Commissioners may also consider:(1) the nature and seriousness of the crime for which the petitioner's license was cancelled or revoked;(2) the length of time since the petitioner's license was cancelled or revoked as a factor in determining whether the time period has been sufficient for the petitioner to have rehabilitated himself to be able to practice funeral directing or embalming in a manner consistent with the public health, safety and welfare;(3) whether the license was submitted voluntarily for cancellation or revocation at the request of the licensee; or(4) other rehabilitative actions taken by the petitioner.(h) If the Commissioners grant the petition for reissuance, the petitioner must:(1) take and pass the State Mortuary Law Examination;(2) pay a fee that is equal to two times the normally required renewal fee; and(3) satisfy continuing education requirements of §203.8 of this title. The Commissioners may require the petitioner to complete additional training to assure the petitioner's competency to practice funeral directing and/or embalming.(i) The Commissioners may place the licensee on probation for a period of not less than two years by authorizing the Executive Director to enter into an Agreed Order with the licensee. The Agreed Order shall specify the terms of the probation and the consequences of violating the Order.", "sourceNote": "Source Note: The provisions of this §203.18 adopted to be effective October 18, 2015, 40 TexReg 7065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174009", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.21", "label": "First Call Definition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174010", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) First Call is the beginning of the relationship between the consumer and the licensed funeral director acting on behalf of a licensed funeral establishment to prepare the body for burial or other disposition. The relationship is initiated by a family member or the person responsible for making arrangements for final disposition.(b) Transportation of a body sent to a morgue, or a funeral establishment for identification or autopsy at the request of a Justice of the Peace, Medical Examiner, or other official under Code of Criminal Procedure Chapter 49 does not constitute a First Call. Any expenses or items used specifically for the transportation of a body under this subsection are not items of choice for the consumer, including storage, and therefore are not the responsibility of the consumer to pay.(c) Licensed commercial embalming establishments are prohibited from authorizing first calls or dealing directly with the public for services or merchandise. Any removal of a deceased human body by a commercial embalming establishment must be initiated by a licensed funeral establishment prior to the removal. The commercial embalming facility must notate the name of the funeral establishment authorizing the removal on the release form.(d) Transportation of a body does not constitute a first call if the removal is done at the request of a health care facility or employee. However, if a family member or the person responsible for making arrangements for final disposition is present the provisions of Occupations Code §651.401 prevail.", "sourceNote": "Source Note: The provisions of this §203.21 adopted to be effective October 18, 2015, 40 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174010", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.22", "label": "Funeral Director in Charge" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174011", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensed funeral establishment must at all times have a designated Funeral Director in Charge, who is ultimately responsible for compliance with all mortuary, health, and vital statistics laws in the funeral establishment. A funeral establishment must designate a Funeral Director in Charge at the time it receives its establishment license, and any time the Funeral Director in Charge changes the funeral establishment must notify the Commission, on a form prescribed by the Commission, within 15 days.(b) The Funeral Director in Charge must be generally available in the routine functions of the funeral establishment in order to personally carry out his or her responsibilities.(c) The Funeral Director in Charge may be served with administrative process when violations are alleged to have been committed in a funeral establishment.(d) An individual may not be designated as the Funeral Director and/or an Embalmer in Charge of more than one establishment unless the additional establishments are under the same ownership and no establishment is more than 100 miles from any other establishment held under the same ownership conditions.(e) In order to be designated Funeral Director in Charge of more than one establishment, the licensee must submit a petition to the Commission that clearly explains how each of the criteria in subsection (d) of this section has been met. The Executive Director shall decide whether to grant the petition. The request and decision will be made part of the permanent licensing file. The Executive Director's decision to deny may be appealed, in writing, to the Commissioners, and the appeal will be considered at the Commission's next regularly scheduled meeting.(f) If the establishment employs a provisional licensee it is the responsibility of the Funeral Director in Charge and the provisional licensee to schedule case work sufficient for the provisional program. It is the responsibility of the Funeral Director in Charge to ensure that each provisional licensee is properly supervised while performing cases.(g) The Funeral Director in Charge shall retain the originals of all provisional license case reports with supporting documentation for two years from the completion date of the provisional program.(h) If a provisional licensee leaves the employment of a Funeral Director in Charge, the Funeral Director in Charge must file an affidavit as described in Occupations Code §651.304(d) within 15 days of employment termination.", "sourceNote": "Source Note: The provisions of this §203.22 adopted to be effective October 18, 2015, 40 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174011", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.23", "label": "Embalmer in Charge" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196739&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196739", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensed commercial embalming establishment must at all times have a designated Embalmer in Charge, who is ultimately responsible for compliance with all mortuary, health, and vital statistics laws in the commercial embalming establishment. A commercial embalming establishment must designate an Embalmer in Charge at the time it receives its establishment license, and any time the Embalmer in Charge changes the commercial embalming establishment must notify the commission, on a form prescribed by the Commission, within 15 days.(b) The Embalmer in Charge must be generally available in the routine functions of the commercial embalming establishment in order to personally carry out his or her responsibilities.(c) The Embalmer in Charge may be served with administrative process when violations are alleged to have been committed in a commercial embalming establishment.(d) An individual may not be designated as the Embalmer and/or the Funeral Director in Charge of more than one establishment unless the additional establishments are operated as branches or satellites of a primary establishment, all of the establishments are under the same ownership, and no establishment is more than 100 miles from any other establishment held under the same ownership conditions.(e) In order to be designated Embalmer in Charge of more than one establishment, the licensee must submit a petition to the Commission that clearly explains how each of the criteria in subsection (d) of this section has been met. The Executive Director shall decide whether to grant the petition. The request and decision will be made part of the permanent licensing file. The Executive Director's decision to deny may be appealed, in writing, to the Commissioners, and the appeal will be considered at the Commission's next regularly scheduled meeting. The Executive Director shall advise interested parties of the action taken by the Commission in writing.(f) If the commercial embalming establishment employs a provisional licensee it is the responsibility of the embalmer in charge and the provisional licensee to schedule case work sufficient for the provisional program. It is the responsibility of the embalmer in charge to ensure that each provisional licensee is properly supervised while performing cases.(g) The Embalmer in Charge shall retain the originals of all provisional license case reports with supporting documentation for two years from the completion date of the provisional program.(h) If a provisional license holder leaves the employment of an Embalmer in Charge, the Embalmer in Charge must file an affidavit as described in Occupations Code §651.304(d), within 15 days of employment termination.", "sourceNote": "Source Note: The provisions of this §203.23 adopted to be effective October 18, 2015, 40 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196739&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196739", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.24", "label": "Display of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174013", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The funeral establishment license shall be conspicuously displayed in an area of the establishment open and accessible to the general public.(b) If a license holder is in contact with the public during the course of his or her job, the funeral establishment shall conspicuously display the holder's license in each place of business at which the license holder practices.(c) If a license holder is not in contact with the public during the course of his or her job, the funeral establishment shall make the license available for inspection in each place of business at which the license holder practices.(d) A license is conspicuously displayed when it is placed in an area of the funeral establishment generally accessed by a consumer making funeral arrangements.(e) The displayed license must be an original non-expired license issued by the Commission.(f) In the event the license holder who assists the public and/or embalms a dead human body is a temporary employee of the funeral establishment, the funeral establishment shall maintain a copy of the license holder's original license for inspection by a customer or prospective customer. The copy of the license holder's original license shall be maintained for a period of two years after the temporary employment occurred.(g) If a regular full or regular part time employee is no longer employed by the funeral establishment, the funeral establishment shall maintain a copy of the license holder's original license for a period of two years after the employment ends.", "sourceNote": "Source Note: The provisions of this §203.24 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective July 11, 2017, 42 TexReg 3485; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174013", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.25", "label": "Display of Funeral Merchandise" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196740", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission will approve only those display rooms in licensed funeral establishments which meet the requirements of Occupations Code Chapter 651, which are designed and utilized to allow the public to make a private inspection and selection of merchandise. Regardless of the type or method of overall merchandise selection used by the licensed funeral establishment, there must be a display of at least two full-size adult caskets one of which must be the lowest priced casket offered for sale by the establishment. The funeral establishment also must display at least three adult caskets that are not required to be full-size:(1) in a partial panel display; or(2) by video or brochure, online, or in any other manner.", "sourceNote": "Source Note: The provisions of this §203.25 adopted to be effective October 18, 2015, 40 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196740", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.26", "label": "Presentation of Consumer Brochure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196741", "queryAsDate": "03/11/2026" }, "ruleBody": "Consumer brochures as promulgated under §201.7 of this title (relating to Preparation and Dissemination of Consumer Information) shall be prominently displayed in the public view, offered free of charge for keeping to any person, and presented at the beginning of the arrangement conference for the disposition of a dead body.", "sourceNote": "Source Note: The provisions of this §203.26 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196741", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.27", "label": "Identification of Person Responsible for Making Arrangements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174016", "queryAsDate": "03/11/2026" }, "ruleBody": "Prior to discussing funeral arrangements, a funeral director should ask the person his/her relationship to the decedent to ensure the right to control disposition priority as outlined by Health and Safety Code, §711.002(a) is followed. If possible, the person should acknowledge his/her right to control disposition in writing. A funeral director or establishment may not be held liable if the person falsely represents he/she is the person entitled to control the disposition of the decedent.", "sourceNote": "Source Note: The provisions of this §203.27 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174016", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.28", "label": "Establishment Chapel Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174017", "queryAsDate": "03/11/2026" }, "ruleBody": "All funeral establishments must have a chapel in which funeral services may be conducted. All chapels shall provide, at a minimum:(1) seating for 10;(2) public access;(3) space for the casket; and(4) a lectern or a podium.", "sourceNote": "Source Note: The provisions of this §203.28 adopted to be effective October 18, 2015, 40 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174017", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.29", "label": "In-Casket Identification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The inside of each casket must contain a durable, waterproof identification of the deceased person, including the person's name, date of birth, and date of death.(b) Funeral establishments are exempt from complying with subsection (a) of this section if the deceased, family of the deceased, religious norms or cultural norms oppose such inclusion. A funeral establishment must keep a record of each instance of use of this exemption and on what grounds the exemption was applied.", "sourceNote": "Source Note: The provisions of this §203.29 adopted to be effective October 18, 2015, 40 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174018", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.30", "label": "Interment or Entombment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196742", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A funeral director contracted to perform funeral directing services shall be present for graveside services included in the purchase agreement unless the graveside services take place outside Texas.(b) After the contracted graveside services end or if no graveside services take place, either a funeral director or an agent of the funeral establishment contracted to perform funeral directing services shall be present when the casket containing a human body is placed in a grave, crypt or burial vault unless the interment or entombment takes place outside Texas.", "sourceNote": "Source Note: The provisions of this §203.30 adopted to be effective October 18, 2015, 40 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196742", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.31", "label": "Facilities Necessary in a Preparation Room" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196743", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission will approve only those preparation rooms which meet the requirements of Occupations Code Chapter 651 and the following minimum standards:(1) must be of sufficient size and dimensions to accommodate an operating table, a sink with water connections, and an instrument table, cabinet, or shelves:(A) the operating table must be non-porous, with edges raised at least 3/4 inch around the entire table and a drain opening at the lower end;(B) the sink must have hot and cold running water and drain freely; and(C) must be equipped with an aspirator;(2) must contain an injection/embalming machine and sufficient supplies and equipment for normal operations;(3) must be clean, sanitary, and only used for purposes related to the care of the deceased;(4) must not have defective construction which permits the entrance of rodents;(5) must not have evidence of infestation of insects or rodents;(6) must be private and have no general passageway through it;(7) must be properly ventilated with an exhaust fan that provides at least five room air exchanges per hour;(8) must not have public restroom facilities located within the room;(9) must have walls that run from floor to ceiling and that are covered with tile, or by plaster or sheetrock painted with washable paint;(10) must have floors of concrete with a glazed surface, or tiled in order to provide the greatest sanitary condition possible, if tile is used, any grout or joint sealant must be unbroken and intact;(11) must have doors, windows, and walls constructed to prevent odors from entering any other part of the building;(12) must have all windows and openings to the outside screened; and(13) have appropriate personal protection equipment related to universal precautions.(b) For establishments exempt under §203.10 of this title (relating to Preparation Room Exemption), the executive director may require the establishment to have a room with some of the above standards if deceased human remains will be present at the establishment.", "sourceNote": "Source Note: The provisions of this §203.31 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196743", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.32", "label": "Requirements Relating to Embalming" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196744", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to ensure the maximum inhibition of pathogenic organisms in the dead human body, the following minimum standards of performance shall be required of each licensed embalmer in the State of Texas in each instance in which he or she is authorized or required to embalm a dead human body.(1) Embalming shall be performed only by embalmers licensed by the Commission, in properly equipped and licensed establishments, or in the event of a disaster of major proportions, in facilities designated by a Medical Examiner, Coroner, or state health official. Only three types of people may under certain circumstances assist licensed embalmers in embalming: provisional licensed embalmers under the personal supervision of a licensed embalmer; students who are enrolled in an accredited school of mortuary science working on a case intended toward completion of the student's clinical requirements, under the personal supervision of a licensed embalmer and with written permission to assist the embalmer from a family member or the person responsible for making arrangements for final disposition; and, in the event of a disaster of major proportions and with the prior approval of the Executive Director, embalmers licensed in another state as long as they are working with or under the general supervision of a person licensed as an embalmer in this state.(2) Embalmers are required to utilize all personal protective equipment required by either OSHA or its corresponding state agency during the embalming procedure.(3) Clothing and/or personal effects of the decedent shall either be disinfected before delivery to any person or discarded in a manner consistent with the disposal of biohazardous material.(4) The technique utilized to effect eye, mouth, and lip closure shall be any technique accepted as standard in the profession. Regardless of the technique chosen, the embalmer shall be required to achieve the best results possible under prevailing conditions.(5) The entire body may be thoroughly cleaned before arterial injection and shall be cleaned immediately after the embalming procedure with an antiseptic soap or detergent.(6) Body orifices (nostrils, mouth, anus, vagina, ear canals, and urethra) open lesions, and other surgical incisions shall be treated with appropriate topical disinfectants either before or immediately after arterial injection. After cavity treatment has been completed, body orifices shall be packed in cotton saturated with a suitable disinfectant of a phenol coefficient not less than one in cases where purge is evident or is likely to occur and/or when the body is to be transported out of state or by common carrier.(7) The arterial fluid to be injected shall be one commercially prepared and marketed with its percent of formaldehyde, or other approved substance, by volume (index) clearly marked on the label or in printed material supplied by the manufacturer.(8) The fluids selected shall be injected into all bodies in such dilutions and at such pressures as the professional experience of the embalmer shall indicate, except that in no instance shall dilute solution contain less than 1.0% formaldehyde, or an approved substance that acts the same as formaldehyde, and as the professional experience of the embalmer indicates, one gallon of dilute solution shall be used for each 50 pounds of body weight. Computation of solution strength is as follows: C x V = C' x V', where C = strength of concentrated fluid, V = volume of ounces of concentrated fluid, C' = strength of dilute fluid, and V' = volume of ounces of dilute fluid(9) Abdominal and thoracic cavities shall be treated in the following manner.(A) Liquid, semi-solid, and gaseous contents which can be withdrawn through a trocar shall be aspirated by the use of the highest vacuum pressure attainable.(B) Concentrated, commercially prepared cavity fluid which is acidic in nature (6.5 pH or lower) and contains at least two preservative chemicals shall be injected and evenly distributed throughout the aspirated cavities. A minimum of 16 ounces of concentrated cavity fluid shall be used in any embalming case in which a minimum of two gallons of arterial solution has been injected.(C) Should distension and/or purge occur after treatment, aspiration and injection as required shall be repeated as necessary.(10) The embalmer shall be required to check each body thoroughly after treatment has been completed. Any area not adequately disinfected by arterial and/or cavity treatment shall be injected hypodermically with disinfectant and preservative fluid of maximum results. A disinfectant and preservative medium shall be applied topically in those cases which require further treatment.(11) On bodies in which the arterial circulation is incomplete or impaired by advance decomposition, burns, trauma, autopsy, or any other cause, the embalmer shall be required to use the hypodermic method to inject all areas which cannot be properly treated through whatever arterial circulation remains intact (if any).(12) In the event that the procedures in paragraphs (1) - (11) of this subsection leave a dead human body in condition to constitute a high risk of infection to anyone handling the body, the embalmer shall be required to apply to the exterior of the body an appropriate embalming medium in powder or gel form and to enclose the body in a zippered plastic or rubber pouch prior to burial or other disposal.(13) Dead human bodies donated to the State Anatomical Board shall be embalmed as required by the State Anatomical Board and where conflicting requirements exist, those requirements of the State Anatomical Board shall prevail.(14) All bodies should be treated in such manner and maintained in such an atmosphere as to avoid infestation by vermin, maggots, ants, and other insects; however, should these conditions occur, the body should be treated with an effective vermicide and/or insecticide to eliminate these conditions.(15) No licensed establishment or licensed embalmer shall take into its or the embalmer's care any dead human body for embalming without exerting every professional effort, and employing every possible technique or chemical, to achieve the highest level of disinfecting.(16) Nothing in this section shall be interpreted to prohibit the use of supplemental or additional procedures or chemicals which are known to and accepted in the funeral service profession and which are not specifically mentioned in this subsection.(b) Minor variations in these procedures shall be permitted as long as they do not compromise the purpose of this rule as stated in subsection (a) of this section.(c) All embalming case reports must contain, at a minimum, all the information on the case-report form promulgated by the Commission. Funeral establishments may use other forms, so long as the forms contain all the information on the promulgated form. A case report shall be completed for each embalming procedure not later than the date of disposition of the body which was embalmed. The embalmer shall ensure that all information contained in the case report is correct and legible. The completed form shall be retained for two years following the procedure date. The embalming case report must be completed and signed by the licensed embalmer who performed the embalming procedure.(d) Nothing in this section shall be interpreted to require embalming if a family member or the person responsible for making arrangements for final disposition does not authorize embalming.", "sourceNote": "Source Note: The provisions of this §203.32 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196744", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.33", "label": "Required Documentation for Embalming" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174022", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If permission to embalm is oral, the funeral establishment must maintain for two years written documentation of the name of the person authorizing embalming, that person's relationship to the deceased, and the time permission was obtained.(b) When oral or written permission to embalm cannot be obtained from the person authorized to make funeral arrangements, the funeral establishment must maintain for two years written documentation of the efforts taken as mandated by Occupations Code §651.457 to obtain permission to embalm.(c) In cases where a Medical Examiner or Justice of the Peace has given permission to a funeral establishment to take custody of a body, the receiving funeral establishment may not embalm the body until the person responsible for making arrangements for final disposition has given permission. Nothing in this subsection shall be construed as allowing a funeral establishment to initiate contact with the person authorized to make funeral arrangements.(d) Authorization to Embalm Form.(1) If embalming is performed, the Commission promulgated Authorization to Embalm Form must be signed by a family member or the person responsible for making arrangements for final disposition when written authorization is secured.(2) The Commission's Authorization to Embalm Form may not be altered and must be used in its adopted form. A copy of this form may be obtained from the Commission and may be reproduced by a licensed funeral establishment.(e) If a mortuary student who is not a provisional licensee is to assist the licensed embalmer, the authorization pursuant to Occupations Code §651.407 must be in the possession of the funeral establishment and/or embalmer at the time of the embalming. A copy of the mortuary student authorization shall be retained according to Occupations Code §651.407.(f) Nothing in this rule diminishes the requirement of the establishment to abide by the Federal Trade Commission funeral rule regarding embalming disclosures. In the event of a conflict between this rule and the Federal Trade Commission funeral rule, the Federal Trade Commission funeral rule prevails.", "sourceNote": "Source Note: The provisions of this §203.33 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174022", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.34", "label": "Retention of Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196745", "queryAsDate": "03/11/2026" }, "ruleBody": "To prevent the unfair or deceptive acts or practices specified in §203.46 of this title and §203.48 of this title, funeral providers must retain and make available for inspection by Commission officials true and accurate copies of the price lists specified in §203.46(b)(2) - (5) of this title, as applicable, for at least two years after the date of their last distribution to customers, and a copy of each Purchase Agreement, as required by §203.47 of this title, for at least two years from the date of the arrangements conference.", "sourceNote": "Source Note: The provisions of this §203.34 adopted to be effective October 18, 2015, 40 TexReg 7069." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196745", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "B", "label": "DUTIES OF A FUNERAL ESTABLISHMENT/LICENSEE" }, "rule": { "number": "§203.35", "label": "Location of Retained Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174031", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All records required for retention by Occupations Code Chapter 651 and Rules of the Commission, will be maintained for a minimum of two years within the physical confines of the licensed establishment where the funeral arrangements were made. The records must be made available to the person responsible for making arrangements for final disposition during regular business hours. Copies must be provided upon request to the Commission during the course of an investigation or inspection.(b) Any licensed establishment may submit a petition to the Commission requesting an exemption to the portion of subsection (a) of this section which requires that retained records be kept within the physical confines of the licensed funeral establishment where the funeral arrangements were made. Each petition will clearly state:(1) a brief explanation of the problem(s) created by maintaining the records at that location;(2) the rational or justification for the granting of the exemption;(3) the specific remedy requested, including the alternative location selected;(4) assurances that the records of the different establishments will not be comingled and the Commission will be able to easily access all records by name of the establishment, name of individual, or by date of service.(c) The Executive Director may grant the request only if the alternative location is a funeral establishment is within 100 miles of the other funeral establishment and both have the same owner.(d) The Executive Director will advise the licensed establishment in writing of the action taken. An applicant for an exemption may appeal to the Commissioners, in writing, the Executive Director's denial of the request for an exemption. The Commissioners' decision is final and not subject to judicial review.(e) A funeral establishment is authorized to maintain its records in a digital or electronic format as long as the establishment has the ability to print the records at that establishment.", "sourceNote": "Source Note: The provisions of this §203.35 adopted to be effective October 18, 2015, 40 TexReg 7069; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174031", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.40", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196746", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person may file a written complaint with the Commission concerning alleged violations of any statute over which the Commission has regulatory authority as well as the Rules of the Commission. A written complaint must be filed within two years of the event giving rise to the complaint. Complaints filed after the above stated period will not be accepted by the Commission unless the complainant can show good cause to the Executive Director for the late filing.(b) The Commission's complaint form provides space for the following information:(1) the name and business address of the licensee or establishment complained of;(2) the time and place where the act(s) occurred;(3) the nature of the act(s) set out in sufficient detail to enable the Commission to investigate the complaint and the licensee or establishment complained of to identify the incident and prepare a response; and(4) the names, addresses, and telephone numbers of any persons who witnessed the acts.(c) The complaint form asks the complainant to provide any pertinent contracts, photographs, letters, advertisements or other documents that show evidence of the alleged violation.(d) All complaints must be in writing, other than complaints alleging conduct which, if true, would constitute an imminent or continuing threat to the public health, safety, or welfare. These latter complaints must be reduced to writing by the Complainant before the conclusion of the investigative process.", "sourceNote": "Source Note: The provisions of this §203.40 adopted to be effective October 18, 2015, 40 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196746", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.41", "label": "Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196747", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receiving a written complaint, the complaint is given a complaint number and assigned to an Investigator for review. The Investigator performs an initial analysis to determine if the Commission has jurisdiction over the alleged violation and whether a violation of a statute or rule may have occurred.(b) If the Investigator, in consultation with the Staff Attorney, determines that the Commission does not have jurisdiction of the matter or that the complaint does not reflect a violation, the case is administratively closed.(c) If the Investigator, in consultation with the Staff Attorney, determines that the Commission has jurisdiction of the matter and that the complaint reflects a violation, the Investigator will send a summary of the complaint to the Respondent(s) along with a letter which outlines the alleged violation(s) and requests a written narrative response and relevant documents. A redacted copy of the complaint may be provided to the Respondent upon request. The Respondent(s) has 15 days from receipt of the letter to respond.(d) In the course of the investigation or upon request of the Staff Attorney, the Investigator may request additional information from the Complainant, the Respondent(s), or any witnesses.(e) The Investigator will prepare an Investigative Report (Report) for the Staff Attorney's review. The Report must contain the Investigator's findings and any applicable administrative penalties or license sanctions based upon the Administrative Penalties and Sanctions Schedule under §203.43 of this title.", "sourceNote": "Source Note: The provisions of this §203.41 adopted to be effective October 18, 2015, 40 TexReg 7070; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196747", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.42", "label": "Notice and Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196748", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon Staff Attorney approval of an Investigative Report (Report) finding a violation has occurred, the Investigator will send the Respondent(s) a copy of the Report and a letter notifying the Respondent(s) of the Commission's determination to assess an administrative penalty and/or sanction the Respondent's license(s).(b) The Respondent(s) has 30 days from receipt of the letter to respond to this correspondence. The Respondent(s) can accept the Commission's determination or can request to settle the case by formal or informal methods. Failure to respond within 30 days waives the right to a hearing and requires payment of the assessed penalty and/or enforcement of the license sanction.(c) Informal methods to settle a case can include the following options:(1) Informal negotiation with the Staff Attorney or(2) Informal settlement conference with Executive Director, Staff Attorney and Investigator. Additionally, the complainant shall be given an opportunity to present his/her allegations at the settlement conference.(d) If the Respondent accepts the Commission's determination to assess an administrative penalty and/or license sanction or if a settlement is reached via informal methods, the Respondent shall pay the penalty or shall enter into an Agreed Order with the Commission which is signed by the Executive Director. Once an Agreed Order is signed or the penalty is paid, the case is closed.(e) If no resolution is reached as outlined by subsection (d) of this section, the Respondent is sent a Notice of Hearing and Complaint and the Commission sets the case on the SOAH Docket for a hearing before a SOAH Administrative Law Judge (ALJ).(f) Once the ALJ renders a Proposal for Decision (PFD), the PFD is presented to the Commissioners at the Commission's next regularly scheduled meeting.(g) The Commissioners accept or modify the PFD by Commission Order.(h) The Respondent can either accept the Commission's Order, or after exhausting all administrative remedies, the Respondent can appeal the Commission's decision by filing suit for judicial review in accordance with Government Code, Chapter 2001, and Occupations Code §651.555.(i) All correspondence to the Respondent(s) will be sent by both certified mail and first class mail to the Respondent's address of record on file with the Commission.(j) The Commission will notify the Complainant of the final disposition of the complaint.(k) Government Code §§2001.051 - 2001.103; Occupations Code §651.506; and SOAH's Rules of Practice and Procedure (Tex. Admin. Code, Title 1, §155) govern hearings held at SOAH.(l) The Commission's Alternative Dispute Resolution Policy and Procedure Rule, found in §207.1 of this title, and SOAH's Rules of Practice and Procedure, Tex. Admin. Code, Title 1, §155.351, govern ADR with Commission staff and mediation at SOAH.", "sourceNote": "Source Note: The provisions of this §203.42 adopted to be effective October 18, 2015, 40 TexReg 7070; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196748", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.43", "label": "Administrative Penalties and Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196749", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a person violates any provision of Occupations Code, Chapter 651; Health and Safety Code, Chapters 193, 361, 695, 711, 716; Finance Code Chapter 154; Tex. Admin. Code, Title 22, Part 10; or an order of the Executive Director or Commissioners, proceedings may be instituted to impose administrative penalties, administrative sanctions, or both administrative penalties and sanctions in accordance with the provisions of Occupations Code §§651.5515 - 651.552.(b) The Administrative Penalties and Sanctions Schedule published following this section sets penalty limits and ranges by class of offense and number of offenses.(c) The Commission may negotiate a lower penalty than outlined in the Administrative Penalties and Sanctions Schedule based on the following factors:(1) Attempts by the licensee to correct or stop the violation;(2) Number of complaints previously found justified against licensee;(3) Whether the act was unintentional; and(4) Other mitigating factors that could warrant a lower penalty.(d) Multiple violations of Occupations Code, Chapter 651; Health and Safety Code, Chapters 193, 361, 695, 711, 716; Finance Code Chapter 154; Tex. Admin. Code, Title 22, Part 10, may result in higher penalties. Multiple violations may consist of violation of more than one section of the law, numerous violations of the same section of the law, or a combination of both. (e) The Commission may require a licensee to issue a refund to a consumer in lieu of or in addition to assessing an administrative penalty. The amount of a refund ordered under this section may not exceed the actual amount paid by the person to the license holder.Attached Graphic", "sourceNote": "Source Note: The provisions of this §203.43 adopted to be effective October 18, 2015, 40 TexReg 7070; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196749", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.44", "label": "Procedures and Criteria for Inspections of Licensed Entities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196750", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Inspection Procedures.(1) All licensed funeral establishments, commercial embalming facilities, and crematories shall be inspected at least once every two years.(2) All inspections shall be unannounced.(3) The inspector shall review prior inspection reports before inspecting a licensed entity. If prior reports reveal problems, the inspector shall determine whether the licensed entity has corrected the previously identified problems or whether a pattern of violations or new violations exist.(4) Inspectors shall use reasonable efforts to conduct inspections between the hours of 8:00 a.m. and 5:00 p.m., but a licensed entity is required to be open at all times to inspections for violations of Occupations Code, Chapter 651, and Health and Safety Code, Chapters 193, 361, 711, and 716.(5) If a licensed entity is not open for business during regular business hours and an inspector is unable to contact any employee or owner to open the licensed entity to conduct the inspection, the inspector shall notify the licensed entity by mail of the attempted inspection. If a licensed entity is unavailable for inspection during regular business hours twice during a six-month period, the Commission may file a complaint against the licensed entity, making the licensed entity subject to an administrative penalty or other action.(b) The Commission may classify a licensed entity as risk-based for the following reasons:(1) Previously found violations of Occupations Code, Chapter 651, and Health and Safety Code, Chapters 193, 361, 711, and 716, following a regular inspection.(2) Multiple violations of Occupations Code, Chapter 651, or Rules of the Commission.(3) Change of ownership.(4) Newly issued license.(c) Notwithstanding subsection (a)(1) of this section, a licensed entity may be inspected annually if the Commission classifies the entity as risk-based.(d) The Commission will declassify an establishment as risk-based if it has two consecutive inspections with no found violations and/or it has no proven violations within a two-year period.(e) If the Commission is in the process of conducting an investigation of a licensed entity, staff may inspect the licensed entity for the limited purpose of proving or disproving the validity of the complaint. The scope of inspections under this paragraph shall be limited to matters relating to the subject of the complaint.", "sourceNote": "Source Note: The provisions of this §203.44 adopted to be effective October 18, 2015, 40 TexReg 7070; amended to be effective October 5, 2017, 42 TexReg 5245; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196750", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.45", "label": "Unprofessional Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174024", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may, in its discretion, refuse to issue or renew a license or may fine, revoke, or suspend any license granted by the Commission if the Commission finds that the applicant or licensee has engaged in unprofessional conduct as defined in this section.(b) For the purpose of this section, unprofessional conduct shall include but not be limited to:(1) providing funeral goods and services or performing acts of embalming in violation of Occupations Code, Chapter 651, the Rules of the Commission or applicable health and vital statistics laws and rules;(2) refusing or failing to keep, maintain or furnish any record or information required by law or rule, including a failure to timely submit any documentation requested during the course of a Commission investigation;(3) operating the licensed entity in an unsanitary manner;(4) failing to practice funeral directing or embalming in a manner consistent with the public health or welfare;(5) obstructing a Commission employee in the lawful performance of such employee's duties of enforcing Occupations Code, Chapter 651, or the Rules of the Commission;(6) copying, retaining, repeating, or transmitting in any manner the questions contained in any examination administered by the Commission;(7) physically abusing or threatening to physically abuse a Commission employee during the performance of his lawful duties;(8) conduct which is willful, flagrant, or shameless or which shows a moral indifference to the standards of the community;(9) in the practice of funeral directing or embalming, engaging in:(A) fraud, which means an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him, or to surrender a legal right, or to issue a license; a false representation of a matter of fact, whether by words or conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives or is intended to deceive another;(B) deceit, which means the assertion, as a fact, of that which is not true by any means whatsoever to deceive or defraud another;(C) misrepresentation, which means a manifestation by words or other conduct which is a false representation of a matter of fact;(10) communicating directly or indirectly with a Commissioner during the pendency of a complaint in connection with an issue of fact or law, except upon notice and opportunity for each party to participate;(11) attempting to influence a complainant or witness in any complaint case to change the nature of the complaint, or withdraw the complaint by means of coercion, harassment, bribery, or by force, or threat of force;(12) retaliating or threatening to retaliate against a complainant who has filed a complaint with the Commission in good faith;(13) failing to make payment to a sub-contractor for consumer-related services performed by the sub-contractor pursuant to an agreement with the licensee; or(14) violating any Texas law or administrative rules governing the transportation, storage, refrigeration, interment, cremation, or disinterment of the dead.", "sourceNote": "Source Note: The provisions of this §203.45 adopted to be effective October 18, 2015, 40 TexReg 7070; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174024", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.46", "label": "Price Disclosure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196751", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In selling or offering to sell funeral goods or funeral services to the public it is an unfair or deceptive act or practice for a funeral provider to fail to furnish accurate price information disclosing the cost to the purchaser or prospective customer for each of the specific funeral goods and funeral services used in connection with the disposition of deceased human bodies. Such price information must include at least the price of embalming, transportation of remains, use of facilities, caskets, outer burial containers, urns, immediate burials, or direct cremations. Any funeral provider who complies with the preventive requirements in subsection (b) of this section is not engaged in the unfair or deceptive acts or practices defined here.(b) To prevent these unfair or deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in §203.49(b)(1) of this title, funeral providers must:(1) Telephone price disclosure. Tell persons who ask by telephone about the funeral provider's offerings or prices any accurate information from the price lists described in paragraphs (2) - (5) of this subsection and any other readily available information that reasonably answers the question.(2) Casket price list.(A) Give a printed or typewritten price list to people who inquire in person about the offerings or prices of caskets or alternative containers. The funeral provider must offer the list upon beginning discussion of, but in any event before showing caskets. In lieu of a written list, other formats, such as notebooks, brochures, or charts may be used if they contain the same information as would the printed or typewritten list, and display it in a clear and conspicuous manner. Provided, however, that funeral providers do not have to make a casket price list available if the funeral providers place on the general price list, specified in paragraph (5) of this subsection, the information required by this subsection.(B) The list must contain the effective date and the retail prices of all caskets and alternative containers offered which do not require special ordering, and must include, at a minimum, the following specifications:(i) The type of material that is predominately used in the construction of the merchandise, i.e.:(I) steel, identified as stainless or by gauge, e.g., 18 gauge;(II) wood, identified by type, e.g., pecan or cherry;(III) bronze, described by weight, e.g., 32 oz.;(IV) copper, described by weight, e.g., 32 oz.; or(V) other specifically named material, e.g., such as cardboard or corrugated wood;(ii) The type of sealing feature, e.g., sealer, non-sealer, gasketed, or non-gasketed, if specified on the funeral provider's general price list; and(iii) The material lining the interior of the casket, e.g., crepe, velvet, satin, twill or silk.(C) Place on the list, however produced, the name of the funeral provider's place of business and a caption describing the list as a \"casket price list.\"(3) Outer burial container price list.(A) Give a printed or typewritten price list to persons who inquire in person about outer burial container offerings or prices. The funeral provider must offer the list upon beginning discussion of, but in any event before showing the containers. The list must contain at least the retail prices of all outer burial containers offered which do not require special ordering, enough information to identify each container, and the effective date for the prices listed. In lieu of a written list, the funeral provider may use other formats, such as notebooks, brochures, or charts, if they contain the same information as the printed or typewritten list, and display it in a clear and conspicuous manner. Provided, however, that funeral providers do not have to make an outer burial container price list available if the funeral providers place on the general price list, specified in paragraph (5) of this subsection, the information required by this subsection. The description of an outer burial container under this section must, at a minimum, include the following specifications:(i) The type of material that is predominantly used in the construction of the merchandise, i.e.:(I) concrete, specifying type of construction, e.g., liner, box, or vault;(II) steel, identified as stainless or by gauge, e.g., 12 gauge (or described as galvanized of a particular gauge);(III) wood;(IV) bronze or copper, described by weight or gauge, e.g., 32 oz. or 18 gauge; or(V) other specifically named material; and(ii) The type of sealing feature, e.g., sealer, non-sealer, gasketed, or non-gasketed, if specified on the funeral establishment price list.(B) Place on the list, however produced, the name of the funeral provider's place of business, address, and telephone number, and a caption describing the list as an \"outer burial container price list.\"(4) Urn price list.(A) Give a printed or typewritten price list to persons who inquire in person about urn offerings or prices. The funeral provider must offer the list upon beginning discussion of, but in any event, before showing the containers. The list must contain at least the retail prices of all urns offered which do not require special ordering, the description of an urn under this section must, at a minimum, include the type of material predominately used in its construction. Bronze urns must be described as sheet bronze or caste bronze, whichever is applicable. The price list must include the effective date for the prices listed. In lieu of a written list, the funeral provider may use other formats, such as notebooks, brochures, or charts, if they contain the same information as the printed or typewritten list, and display it in a clear and conspicuous manner. Provided, however, that funeral providers do not have to make an urn price list available if the funeral providers place on the general price list, specified in paragraph (5) of this subsection, the information required by this subsection.(B) Place on the list, however produced, the name of the funeral provider's place of business, address and telephone number and a caption describing the list as an \"urn price list.\"(5) General price list.(A) Availability of general price list.(i) Give a printed or typewritten price list for retention to persons who inquire in person about the funeral goods, funeral services or prices of funeral goods or services offered by the funeral provider. The funeral provider must give the list upon beginning discussion of any of the following:(I) the prices of funeral goods or funeral services;(II) the overall type of funeral service or disposition; or(III) specific funeral goods or funeral services offered by the funeral provider.(ii) The requirement in clause (i) of this subparagraph applies whether the discussion takes place in the funeral home or elsewhere. Provided, however, that when the deceased is removed for transportation to the funeral home, an in-person request at that time for authorization to embalm, required by §203.50(a)(2) of this title, does not, by itself, trigger the requirement to offer the general price list if the provider in seeking prior embalming approval discloses that embalming is not required by law except in certain special cases, if any. Any other discussion during that time about prices or the selection of funeral goods or services triggers the requirement under clause (i) of this subparagraph to give consumers a general price list.(iii) The list required in clause (i) of this subparagraph must contain at least the following information:(I) the name, address, and telephone number of the funeral provider's place of business;(II) a caption describing the list as a \"general price list\"; and(III) the effective date for the price list.(B) Include on the price list, in any order, the retail prices (expressed either as the flat fee, or as the price per hour, mile or other unit of computation) and the other information specified below for at least each of the following items, if offered for sale:(i) forwarding of remains to another funeral home, together with a list of the services provided for any quoted price;(ii) receiving remains from another funeral home, together with a list of the services provided for any quoted price;(iii) the price range for the direct cremations offered by the funeral provider, together with:(I) a separate price for a direct cremation where the purchaser provides the container;(II) separate prices for each direct cremation offered including an alternative container; and(III) a description of the services and container (where applicable), included in each price;(iv) the price range for the immediate burials offered by the funeral provider, together with:(I) a separate price for an immediate burial where the purchaser provides the casket;(II) separate prices for each immediate burial offered including a casket or alternative container; and(III) a description of the services and container (where applicable) included in that price;(v) transfer of remains to funeral home;(vi) embalming;(vii) other preparation of the body;(viii) use of facilities and staff for viewing;(ix) use of facilities and staff for funeral ceremony;(x) use of facilities and staff for memorial service;(xi) use of equipment and staff for graveside service;(xii) hearse;(xiii) limousine; and(xiv) filing a claim seeking life insurance proceeds on behalf of the beneficiaries.(C) Include on the general price list, in any order, the following information:(i) Either of the following:(I) The price range for the caskets offered by the funeral provider, together with the statement: \"A complete price list will be provided at the funeral home.\"; or(II) The prices of individual caskets, disclosed in the manner specified by paragraph (2)(A) of this subsection; and(ii) Either of the following:(I) The price range for the outer burial containers offered by the funeral provider, together with the statement: \"A complete price list will be provided at the funeral home.\"; or(II) The prices of individual outer burial containers, disclosed in the manner specified by paragraph (3)(A) of this subsection; and(iii) Either of the following:(I) The price for the basic services of funeral director and staff, together with a list of the principal basic services provided for any quoted price and, if the charge cannot be declined by the purchaser, the statement: \"This fee for our basic services will be added to the total cost of the funeral arrangements you select. (This fee is already included in our charges for direct cremations, immediate burials, and forwarding or receiving remains.).\" If the charge cannot be declined by the purchaser, the quoted price shall include all charges for the recovery of unallocated funeral provider overhead, and funeral providers may include in the required disclosure the phrase \"and overhead\" after the word \"services\"; or(II) The following statement: \"Please note that a fee of (specify dollar amount) for the use of our basic services is included in the price of our caskets. This same fee shall be added to the total cost of your funeral arrangements if you provide the casket. Our services include (specify).\" The fee shall include all charges for the recovery of unallocated funeral provider overhead, and funeral providers may include in the required disclosure the phrase \"and overhead\" after the word \"services.\" The statement must be placed on the general price list together with the casket price range, required by clause (i)(I) of this subparagraph, or together with the prices of individual caskets, required by clause (i)(II) of this subparagraph.(iv) If the funeral home charges for processing the insurance claim, that fee shall be disclosed.(v) If a consumer intends to use the proceeds from an insurance policy to pay for a funeral and the funeral provider requires payment before the proceeds from such policy can be obtained and, if the funeral provider does not provide the service of filing a claim seeking life insurance proceeds on behalf of the beneficiary (or, if the funeral provides the service and the consumer does not wish to utilize the services of the funeral provider), the funeral provider shall include the following statement on the general price list: \"Please note that if you utilize a third party to file a claim seeking expedited receipt of life insurance proceeds on behalf of a beneficiary, there will be a fee to be paid associated with the filing of such a claim.\"(D) The services fee permitted by subparagraph (C)(iii)(I) or (II) of this paragraph is the only funeral provider fee for services, facilities or unallocated overhead permitted by this part to be non-declinable, unless otherwise required by law.(6) Funeral providers may give persons any other price information, in any other format, in addition to that required by paragraphs (2) - (5) of this subsection so long as the statement required by §203.47 of this title is provided when required.", "sourceNote": "Source Note: The provisions of this §203.46 adopted to be effective October 18, 2015, 40 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196751", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.47", "label": "Purchase Agreement (Statement of Funeral Goods and Services Selected)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174026", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Funeral providers must give an itemized written statement for retention to each person who arranges a funeral or other disposition of human remains, at the conclusion of the discussion of arrangements. The Purchase Agreement must list at least the following information:(1) the funeral goods and funeral services selected by that person and the prices to be paid for each of them, unless there is a discounted package arrangement that itemizes the discount provided by the package arrangement;(2) specifically itemized cash advance items. (These prices must be given to the extent then known or reasonably ascertainable. If the prices are not known or reasonably ascertainable, a good faith estimate shall be given and a written statement of the actual charges shall be provided before the final bill is paid.);(3) the total cost of the goods and services selected;(4) the complete description of all goods purchased as described in §203.46(2) - (5) of this title.(b) The information required by this section may be included on any contract, statement, or other document which the funeral provider would otherwise provide at the conclusion of discussion of arrangements.(c) If a funeral provider's graphically illustrated logo or a bold listing of the logo is included in an obituary, the funeral provider shall list separately the additional cost, if any, related to the inclusion of such logo in the cash advance portion of the Purchase Agreement.(d) If a funeral establishment receives a dead human body from another funeral establishment, the receiving funeral establishment shall include under cash advances on the purchase agreement any amount owed by the customer for services provided to but not paid for by the customer. The receiving funeral establishment shall remit the funds collected from the consumer to the transferring funeral establishment. Services that may be charged by the receiving funeral establishment on behalf of the transferring funeral establishment include the following:(1) removal;(2) refrigeration;(3) embalming, if authorized;(4) transportation; and(5) casket, if used.", "sourceNote": "Source Note: The provisions of this §203.47 adopted to be effective October 18, 2015, 40 TexReg 7070; amended to be effective October 3, 2019, 44 TexReg 5625." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174026", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.48", "label": "Misrepresentations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174027", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Embalming provisions.(1) In selling or offering to sell funeral goods or funeral services to the public, it is deceptive act or practice for a funeral provider to:(A) represent that state or local law requires that a deceased person be embalmed when such is not the case; or(B) fail to disclose that embalming is not required by law except in certain special cases, if any.(2) To prevent these deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in §203.49(b)(1) of this title and §203.50(a) of this title, funeral providers must:(A) not represent that a deceased person is required to be embalmed for:(i) Direct cremation;(ii) Immediate burial; or(iii) A closed casket funeral without viewing or visitation when refrigeration is available and when state or local law does not require embalming; and(B) Place the following disclosure on the general price list, required by §203.46(b)(5) of this title, in immediate conjunction with the price shown for embalming: \"Except in certain special cases, embalming is not required by law. Embalming may be necessary, however, if you select certain funeral arrangements, such as a funeral with viewing. If you do not want embalming, you usually have the right to choose an arrangement that does not require you to pay for it, such as direct cremation or immediate burial.\" The phrase \"except in certain special cases\" need not be included in this disclosure if state or local law in the area(s) where the provider does business does not require embalming under any circumstances.(b) Casket for cremation provisions.(1) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to:(A) represent that state or local law requires a casket for direct cremations; or(B) represent that a casket is required for direct cremations.(2) To prevent these deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in §203.49(a)(1) of this title, funeral providers must place the following disclosure in immediate conjunction with the price range shown for direct cremations: \"If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are (specify containers).\" This disclosure only has to be placed on the general price list if the funeral provider arranges direct cremations.(c) Outer burial container provisions.(1) In selling or offering to sell funeral goods and funeral services to the public, it is a deceptive act or practice for a funeral provider to:(A) represent that state or local laws or regulations, or particular cemeteries, require outer burial containers when such is not the case; or(B) fail to disclose to persons arranging funerals that state law does not require the purchase of an outer burial container.(2) To prevent these deceptive acts or practices, funeral providers must place the following disclosure on the outer burial container price list, required by §203.46(b)(3)(A) of this title, or, if the prices of outer burial containers are listed on the general price list, required by §203.46(b)(5) of this title, in immediate conjunction with those prices: \"In most areas of the country, state or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements.\" The phrase \"in most areas of the country\" need not be included in this disclosure if state or local law in the area(s) where the provider does business does not require a container to surround the casket in the grave.(d) General provisions on legal and cemetery requirements.(1) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for funeral providers to represent that federal, state, or local laws, or particular cemeteries or crematories, require the purchase of any funeral goods or funeral services when such is not the case.(2) To prevent these deceptive acts or practices, as well as the deceptive acts or practices identified in subsections (a)(1), (b)(1), and (c)(1) of this section, funeral providers must identify and briefly describe in writing on the Purchase Agreement required by §203.47 of this title any legal, cemetery, or crematory requirement which the funeral provider represents to persons as compelling the purchase of funeral goods or funeral services for the funeral which that person is arranging.(e) Provisions on preservative and protective value claims. In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to:(1) represent that funeral goods or funeral services will delay the natural decomposition of human remains for a long-term or indefinite time; or(2) represent that funeral goods have protective features or will protect the body from gravesite substances, when such is not the case.(f) Cash advance provisions.(1) In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to:(A) represent that the price charged for a cash advance item is the same as the cost to the funeral provider for the item when such is not the case; or(B) fail to disclose to persons arranging funerals that the price being charged for a cash advance item is not the same as the cost to the funeral provider for the item when such is the case.(2) To prevent these deceptive acts or practices: Funeral providers must place the following sentence in the itemized Purchase Agreement in immediate conjunction with the list of itemized cash advance items required by §203.49 of this title: \"We charge you for our services in obtaining: (specify cash advance items),\" if the funeral provider makes a charge upon, or receives and retains a rebate, commission or trade or volume discount upon a cash advance item.", "sourceNote": "Source Note: The provisions of this §203.48 adopted to be effective October 18, 2015, 40 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174027", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.49", "label": "Required Purchase of Funeral Goods or Funeral Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174028", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Casket for cremation provisions.(1) In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or deceptive act or practice for a funeral provider, or a crematory, to require that a casket be purchased for direct cremation.(2) To prevent this unfair or deceptive act or practice, funeral providers must make an alternative container available for direct cremations, if they arrange direct cremations.(b) Other required purchases of funeral goods or funeral services.(1) In selling or offering to sell funeral goods or funeral services, it is an unfair or deceptive act or practice for a funeral provider to:(A) condition the furnishing of any funeral good or funeral service to a person arranging a funeral upon the purchase of any other funeral good or funeral service, except as required by law or as otherwise permitted by this part; or(B) charge any fee as a condition to furnishing any funeral goods or funeral services to a person arranging a funeral, other than the fees for:(i) services of funeral director and staff, permitted by §203.46(b)(5)(C)(iii) of this title;(ii) other funeral services and funeral goods selected by the purchaser; and(iii) other funeral goods or services required to be purchased, as explained on the itemized statement in accordance with §203.48(d)(2) of this title.(2) Preventative Requirements(A) To prevent these unfair or deceptive acts or practices, funeral providers must:(i) Place the following disclosure in the general price list, immediately above the prices required by §203.46(b)(5)(B) and (C) of this title: \"The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected.\" Provided, however, that if the charge for \"services of funeral director and staff\" cannot be declined by the purchaser, the statement shall include the sentence: \"However, any funeral arrangements you select will include a charge for our basic services\" between the second and third sentences of the statement specified above herein. The statement may include the phrase \"and overhead\" after the word \"services\" if the fee includes a charge for the recovery of unallocated funeral provider overhead;(ii) Place the following disclosure in the Purchase Agreement, required by §203.47 of this title: \"Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery or crematory to use any items, we will explain the reasons in writing below.\"(B) A funeral provider shall not violate this section by failing to comply with a request for a combination of goods or services which would be impossible, impractical, or excessively burdensome to provide.", "sourceNote": "Source Note: The provisions of this §203.49 adopted to be effective October 18, 2015, 40 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174028", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.50", "label": "Embalming Provided Without Prior Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174029", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or deceptive act or practice for any provider to embalm a deceased human body for a fee unless:(1) state or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which the family might make;(2) prior approval for embalming (expressly so described) has been obtained from a family member or other authorized person; or(3) the funeral provider is unable to contact a family member or other authorized person after exercising due diligence, has no reason to believe the family does not want embalming performed, and obtains subsequent approval for embalming already performed (expressly so described). In seeking approval, the funeral provider must disclose that a fee will be charged if the family selects a funeral which requires embalming, such as a funeral with viewing, and that no fee will be charged if the family selects a service which does not require embalming, such as direct cremation or immediate burial.(b) To prevent these unfair or deceptive acts or practices, funeral providers must include on the itemized Purchase Agreement, required by §203.47 of this title, the statement: \"If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as a direct cremation or immediate burial. If we charged for embalming, we will explain why below.\"", "sourceNote": "Source Note: The provisions of this §203.50 adopted to be effective October 18, 2015, 40 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174029", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.51", "label": "Comprehensive of Disclosures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174030", "queryAsDate": "03/11/2026" }, "ruleBody": "To prevent the unfair or deceptive acts or practices specified in §§203.46 - 203.50 of this title, funeral providers must make all disclosures required by those sections in a clear and conspicuous manner. Providers shall not include in the casket, outer burial container, urn, and general price lists, required by §203.46(b)(2) - (5) of this title, any statement or information that alters or contradicts the information required to be included in those lists.", "sourceNote": "Source Note: The provisions of this §203.51 adopted to be effective October 18, 2015, 40 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174030", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "C", "label": "ENFORCEMENT" }, "rule": { "number": "§203.52", "label": "Violation to Engage in Unfair or Deceptive Acts or Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219981", "queryAsDate": "03/11/2026" }, "ruleBody": "Except as otherwise provided in §203.46(a) of this title, it is a violation to engage in any unfair or deceptive acts or practices specified in Occupations Code Chapter 651 or in the Rules of the Commission, or to fail to comply with any of the preventive requirements specified in Occupations Code Chapter 651 or in the Rules of the Commission.", "sourceNote": "Source Note: The provisions of this §203.52 adopted to be effective October 18, 2015, 40 TexReg 7070." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219981", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "D", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§203.55", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219982", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter establishes requirements and procedures authorized or required by Texas Occupations Code, Chapters 55 and 651. Any requirements not provided in rule, but expressly set forth in Chapters 55 and 651 referenced above, apply and must be followed for the licensing of military service members, military veterans, and military spouses.(b) This subchapter does not modify or alter rights that may be provided under federal law.(c) Except as otherwise provided by this subchapter:(1) a person applying for an apprenticeship license as a funeral director and/or embalmer must comply with all of the licensure requirements of §§203.5 - 203.7 of this chapter (regarding the Provisional License; Provisional License Case and Reporting Requirements; and Provisional License Reinstatement and Reapplication);(2) a person applying for a full funeral director license or embalmer license must comply with all of the requirements of §203.1 of this chapter (regarding Funeral Director and Embalmer License Requirements and Procedure); and(3) a person applying for the licenses listed in paragraphs (1) and (2) of this subsection must comply with all of the requirements in §§203.15 - 203.17 of this chapter (regarding Required Notification of Criminal Conviction; Consequences of Criminal Conviction; and Criminal History Evaluation Letter).", "sourceNote": "Source Note: The provisions of this §203.55 adopted to be effective August 6, 2024, 49 TexReg 5778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219982", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "D", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§203.56", "label": "Military Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219983", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of this subchapter, the following terms have the meanings assigned in §55.001, Texas Occupations Code: \"active duty\"; \"armed forces of the United States\"; \"military service member\"; \"military spouse\"; and \"military veteran.\"", "sourceNote": "Source Note: The provisions of this §203.56 adopted to be effective August 6, 2024, 49 TexReg 5778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219983", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "D", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§203.57", "label": "License Fee Exemption or Waiver" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219984", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The provisions in this section are in addition to the fee waivers or exemptions set forth in §55.009, Texas Occupations Code.(b) Pursuant to §55.002, Texas Occupations Code, a licensee is exempt from any penalty or increased fee imposed by the Commission for failing to renew the license in a timely manner if the individual establishes to the satisfaction of Commission staff that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.(c) An active duty military service member is exempt from the payment of license fees for the duration of the license holder's military service and for one year after the date the military service member's active duty status ends.(d) For purposes of establishing fee exemption status under this section and §651.155(a), Texas Occupations Code, an individual may prove military status by providing a copy of the individual's active duty orders, DD214 form, or other official documentation showing the individual's military status or termination of such.", "sourceNote": "Source Note: The provisions of this §203.57 adopted to be effective August 6, 2024, 49 TexReg 5778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219984", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "D", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§203.58", "label": "Mandatory Credit for Military Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219985", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §55.007, Texas Occupations Code, for an applicant who is a military service member or veteran, the Commission shall meet to credit any verifiable military service, training or education obtained by an applicant to a license for which the applicant is seeking toward the requirements of that particular license. The Commission may verify an applicant's military training or education through a joint services transcript, a comparable document issued by the U.S. military or other means available.(b) If the applicant's verified military service, training or education listed in subsection (a) of this section is relevant to a funeral director or embalmer license, but does not satisfy the requirements for a full license, then the Commission shall credit the applicant's verified military service, training, or education that is relevant toward the requirements of the applicable provisional license.(c) All applicants shall submit fingerprints for the retrieval of criminal history record information.(d) This section does not apply to an applicant who holds a restricted license issued by another jurisdiction or has an unacceptable criminal history according to Texas Occupations Code, Chapter 53 (relating to Consequences of Criminal Conviction) or Chapter 651 (Crematory Services, Funeral Directing, And Embalming).", "sourceNote": "Source Note: The provisions of this §203.58 adopted to be effective August 6, 2024, 49 TexReg 5778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219985", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "D", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§203.59", "label": "Alternative Method of Licensing for Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219986", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director may waive any prerequisite to obtaining a license for an applicant who satisfies the requirements in §55.004(a), Texas Occupations Code after reviewing the applicant's credentials.(b) For purposes of this section, the standard method of demonstrating competency is the specific examination, education, and/or experience required to obtain an individual, provisional or full, funeral directing or embalming license issued by the Commission under Chapter 651, Texas Occupations Code. In lieu of the standard method(s) of demonstrating competency for license and based on applicant's circumstances, the alternative methods for demonstrating competency include, but are not limited to, any combination of the following:(1) education;(2) continuing education;(3) examinations (written and/or practical);(4) letters of good standing;(5) letters of recommendation;(6) work experience;(7) training;(8) clinical experience; and(9) professional experience.(d) The Commission has 30 days from the date a military service member, military veteran, or military spouse submits an application for alternative licensing to process the application and issue a license to an applicant who qualifies for the license.(e) A license issued under this section cannot be a limited provisional license pursuant to §55.005(b), Texas Occupations Code. For purposes of this section, \"provisional license\" does not mean a provisional license as set forth in Chapter 651, Texas Occupations Code.(f) All applicants shall submit an application and proof of any relevant requirements on a form and in a manner prescribed by the Commission.(g) All applicants shall submit fingerprints for the retrieval of criminal history record information.", "sourceNote": "Source Note: The provisions of this §203.59 adopted to be effective August 6, 2024, 49 TexReg 5778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219986", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "D", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§203.60", "label": "Exemption from Licensure for Certain Military Service Members and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219987", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section establishes rules pursuant to the authority granted in §55.0041, Texas Occupations Code.(b) The executive director of the Commission must authorize a military service member or military spouse applicant, who meets the qualifications set forth in subsection (c) of this section and §55.0041(a), Texas Occupations Code, to practice funeral directing or embalming in Texas without obtaining a license.(c) In order to receive authorization to practice in Texas, the military service member or military spouse must:(1) hold an active license to practice funeral directing or embalming in another jurisdiction that:(A) that has licensing requirements that are determined by the commission to be substantially equivalent to the requirements for licensure in Texas; and(B) where the license is currently licensed in good standing in the other jurisdiction;(2) notify the commission of the military service member or military spouse's intent to practice in Texas on a form prescribed by the commission;(3) submit a copy of the military service member or military spouse's military identification card; and(4) submit proof of the military service member or military spouse's residency in Texas and of the military service member's, or, with respect to a military spouse, the military service member to whom the military spouse is married, status as an active duty military service member as defined by §437.001(1), Texas Government Code (relating to Definitions).(d) For purposes of this section, the commission will determine whether another jurisdiction has licensing requirements that are substantially equivalent to those in Texas by reviewing the other jurisdiction's education, examination, criminal background history, and apprenticeship or internship requirements for a license to engage in funeral directing or embalming in that jurisdiction compared to this state.(e) While authorized to practice funeral directing or embalming in this state, the military service member or military spouse shall comply with all other laws and regulations applicable to the practice of funeral directing or embalming in Texas.(f) The commission has 30 days from the date a military service member or military spouse submits the information required by subsection (c) of this section to:(1) verify that the member or spouse is active and currently licensed in good standing by another jurisdiction with substantially equivalent licensing requirements to Texas; and(2) upon confirmation from the other jurisdiction(s) that the person is currently licensed and in good standing with that jurisdiction(s), issue an authorization recognizing the applicant's licensure as the equivalent license in this state.(g) This authorization to practice is valid during the time the military service member or, with respect to a military spouse, the military service member to whom the military spouse is married is stationed at a military installation in Texas, but not to exceed three years.(h) In the event of a divorce or similar event that affects a person's status as a military spouse, the spouse may continue to engage in the business or occupation under the authority of this section until the third anniversary of the date the spouse received the authorization described by subsection (f) of this section. A similar event includes the death of the military service member or the military service member's discharge from the military.(i) An authorization issued under this section may not be renewed.(j) This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.", "sourceNote": "Source Note: The provisions of this §203.60 adopted to be effective August 6, 2024, 49 TexReg 5778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219987", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "203", "label": "LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES" }, "subchapter": { "number": "D", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§203.61", "label": "Length of License and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190423", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licenses granted under this subchapter have the terms established by §203.1 of this chapter (related to Funeral Director and Embalmer License Requirements and Procedure), or a term of 12 months from the date the license is issued, whichever term is longer. This section does not apply to the authorization granted under §203.60 of this subchapter (relating to Exemption from Licensure for Certain Military Service Members and Military Spouses).(b) Provisional licenses granted under this subchapter have the terms established by §§203.5 - 203.7 of this chapter (related to Provisional License; Provisional License Case and Reporting Requirements; and Provisional License Reinstatement and Reapplication). The provisions in this section do not affect the license renewal extensions according to §55.003, Texas Occupations Code. For the purposes of this section, provisional license has the meaning assigned in Texas Occupations Code, chapter 651, and not the meaning assigned in §55.005(b), Texas Occupations Code.(c) The Commission shall notify the licensee in writing or by electronic means of the requirements for renewal.", "sourceNote": "Source Note: The provisions of this §203.61 adopted to be effective August 6, 2024, 49 TexReg 5778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190423", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.1", "label": "Individual License Fees (Not Refundable)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195751", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Generally Applicable License Fees:(1) Funeral Director--$175.(2) Embalmer--$175.(3) All license fees shall be prorated if the initial license period is less than two years.(b) Reciprocal License Fees:(1) Funeral Director--$310 (Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $5 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(2) Embalmer--$310 (Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $5 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(3) Funeral Director and Embalmer (Dual)--$610 (Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $5 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).", "sourceNote": "Source Note: The provisions of this §204.1 adopted to be effective April 12, 2018, 43 TexReg 2148." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195751", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.2", "label": "Individual Application Fees (Not Refundable)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190425", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Generally Applicable Application Fees:(1) Provisional Funeral Director--$93 (Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $3 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(2) Provisional Embalmer--$93 (Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $3 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(3) Individual Funeral Director License--$93 (Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $3 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(4) Individual Embalmer License--$93 (Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $3 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(b) All license application fees payable to the Commission are waived for the following individuals:(1) military service members and military veterans, as those terms are defined by Chapter 55, Occupations Code, whose military service, training, or education substantially meets all of the requirements for licensure; and(2) military service members, military veterans, and military spouses, as those terms are defined by Chapter 55, Occupations Code, who hold a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements of this state.", "sourceNote": "Source Note: The provisions of this §204.2 adopted to be effective April 12, 2018, 43 TexReg 2148; amended to be effective July 11, 2019, 44 TexReg 3437." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190425", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.3", "label": "Individual Examination Fees (Not Refundable)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195749", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mortuary Law Examination--$89 ($55 being attributable to the Commission and $34 being attributable to the third-party vendor administering the examination).(b) The fee for the Mortuary Law Examination shall be waived for the following individuals:(1) military service members and military veterans, as those terms are defined by Chapter 55, Occupations Code, whose military service, training, or education substantially meets all of the requirements for licensure; and(2) military service members, military veterans, and military spouses, as those terms are defined by Chapter 55, Occupations Code, who hold a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements of this state.", "sourceNote": "Source Note: The provisions of this §204.3 adopted to be effective April 12, 2018, 43 TexReg 2148." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195749", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.4", "label": "Individual Renewal Fees (Not Refundable)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190427", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Renewal Fees:(1) Provisionally Licensed Funeral Director--$69 (includes a $1 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $2 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(2) Provisionally Licensed Embalmer--$69 (includes a $1 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $2 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(3) Licensed Funeral Director--$193 (includes a $2 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $6 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(4) Licensed Embalmer--$193 (includes a $2 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $6 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(5) Licensed Funeral Director and Embalmer (Dual)--$330 (includes a $2 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $8 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(6) Licensed Funeral Director over the age of 65 or disabled status--$98.50 (includes a $2 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $4 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(7) Licensed Embalmer over the age of 65 or disabled status--$98.50 (includes a $2 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $4 surcharge in accordance with Tex. Gov. Code Sec. 2054.252)(8) Licensed Funeral Director and Embalmer (Dual) over the age of 65 or disabled status--$168 (includes a $2 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $6 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(9) Licensed Funeral Director and/or Embalmer--Inactive Status--$6 (includes a $2 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $4 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(b) The renewal fee shall be waived for active military service members as the term is defined by Chapter 55, Occupations Code.", "sourceNote": "Source Note: The provisions of this §204.4 adopted to be effective April 12, 2018, 43 TexReg 2148; amended to be effective July 11, 2019, 44 TexReg 3437." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190427", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.5", "label": "Late Penalty Fees for Individual Renewals (Not Refundable)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190428", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following penalty will be added to the renewal fee assessed under §204.4 of this title if the renewal is one day to ninety days late:(1) Provisionally Licensed Funeral Director--$66.(2) Provisionally Licensed Embalmer--$66.(3) Licensed Funeral Director--$92.50.(4) Licensed Embalmer--$92.50.(5) Licensed Funeral Director and Embalmer (Dual)--$160.(6) Licensed Funeral Director over the age of 65 or disabled status--$46.25.(7) Licensed Embalmer over the age of 65 or disabled status--$46.25.(8) Licensed Funeral Director and Embalmer (Dual) over the age of 65 or disabled status--$80.(b) The following penalty fee will be added to the renewal fee assessed under §204.4 of this title if the renewal is ninety-one days to less than one year late:(1) Licensed Funeral Director--$185.(2) Licensed Embalmer--$185.(3) Licensed Funeral Director and Embalmer (Dual)--$320.(4) Licensed Funeral Director over the age of 65 or disabled status--$92.50.(5) Licensed Embalmer over the age of 65 or disabled status--$92.50.(6) Licensed Funeral Director and Embalmer (Dual) over the age of 65 or disabled status--$160.", "sourceNote": "Source Note: The provisions of this §204.5 adopted to be effective April 12, 2018, 43 TexReg 2148." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190428", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.6", "label": "Reinstatement Fee (Not Refundable)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195750", "queryAsDate": "03/11/2026" }, "ruleBody": "The fee for a license which has been expired for longer than one year:(1) Licensed Funeral Director--$370.(2) Licensed Embalmer--$370.(3) Licensed Funeral Director and Embalmer (Dual)--$640.(4) Licensed Funeral Director over the age of 65 or disabled status--$185.(5) Licensed Embalmer over the age of 65 or disabled status--$185.(6) Licensed Funeral Director and Embalmer (Dual) over the age of 65 or disabled status--$320.", "sourceNote": "Source Note: The provisions of this §204.6 adopted to be effective April 12, 2018, 43 TexReg 2148." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195750", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.7", "label": "Establishment Fees for Funeral Homes, Commercial Embalming Facilities, and Crematories (Not Refundable)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190430", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) New Establishment License Fee--$462 (Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307).(b) Establishment Renewal Fee--$537 (includes a $1 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $16 - surcharge in accordance with Tex. Gov. Code Sec. 2054.252).(c) Establishment Late Penalty (added to renewal fee if more than one day late)--$520.", "sourceNote": "Source Note: The provisions of this §204.7 adopted to be effective April 12, 2018, 43 TexReg 2148; amended to be effective July 11, 2019, 44 TexReg 3437." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190430", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.8", "label": "Establishment Fees for Cemeteries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial Cemetery License Fee--$100.(b) Cemetery Renewal Fee--$101 (Includes a $1 surcharge in accordance with Tex. Occ. Code Sec. 101.307).(c) Cemetery Late Penalty (added to renewal fee if more than one day late)--$100.", "sourceNote": "Source Note: The provisions of this §204.8 adopted to be effective April 12, 2018, 43 TexReg 2148." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190431", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.9", "label": "Miscellaneous Fees (Not Refundable)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Duplicate or Replacement License--$5.(b) Preliminary Evaluation of Eligibility for Licensure of Person with Criminal Record--$95.(c) Written Verification of License:(1) Simple License Verification--$30.(2) Detailed License Verification--$50.(d) Continuing Education:(1) Annual Provider Fee--$250.(2) Course Fee--$50.(3) Individual Non-Approved Provider Fee--$25.", "sourceNote": "Source Note: The provisions of this §204.9 adopted to be effective April 12, 2018, 43 TexReg 2148." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190432", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "204", "label": "FEES" }, "rule": { "number": "§204.10", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171404&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171404", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Continuing education noncompliance--$300.(b) Disciplinary penalties (Refer to Commission Rule §203.43 of this title).", "sourceNote": "Source Note: The provisions of this §204.10 adopted to be effective April 12, 2018, 43 TexReg 2148." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171404&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171404", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "205", "label": "CREMATORIES" }, "rule": { "number": "§205.3", "label": "Crematory License Requirement and Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196752", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The crematory establishment license application shall be on a form furnished by the Commission and shall contain all information required by Texas Occupations Code, §651.657, including:(1) a statement that all operators of the cremation chamber are certified by a reputable organization approved by the Commission; and(2) the names of all persons certified to operate the cremation chamber.(b) The completed application, including all required documentation, and applicable fee shall be received before the Commission inspects the crematory establishment.(c) A license is valid for a period of one year.(d) The Commission may not renew an application until the applicant has met the requirements of Texas Occupations Code, §651.658(a).(e) A crematory that fails to renew its license by its renewal date shall pay, in addition to the renewal fee, a late payment penalty equal in amount to the renewal fee.(f) A crematory may not operate if a license is expired for over 30 days until the renewal fee and late payment penalty are paid.", "sourceNote": "Source Note: The provisions of this §205.3 adopted to be effective October 11, 2004, 29 TexReg 9534; amended to be effective April 14, 2010, 35 TexReg 2856; amended to be effective January 8, 2015, 40 TexReg 61." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196752", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "205", "label": "CREMATORIES" }, "rule": { "number": "§205.5", "label": "Acceptance of Remains" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171405", "queryAsDate": "03/11/2026" }, "ruleBody": "A crematory establishment may accept deceased human remains for refrigeration before it receives authorization to cremate under Texas Health & Safety Code, Chapter 716 Subchapter B.", "sourceNote": "Source Note: The provisions of this §205.5 adopted to be effective October 11, 2004, 29 TexReg 9534; amended to be effective October 3, 2019, 44 TexReg 5638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171405", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "205", "label": "CREMATORIES" }, "rule": { "number": "§205.6", "label": "Contracts for Direct Cremation Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171406", "queryAsDate": "03/11/2026" }, "ruleBody": "An authorizing agent authorized to dispose of the remains of a deceased individual may contract directly for cremation services if the crematory is also licensed as a funeral establishment or if the authorizing agent receives written authorization from either a Justice of the Peace or Medical Examiner of the county in which the death occurred.", "sourceNote": "Source Note: The provisions of this §205.6 adopted to be effective January 20, 2005, 30 TexReg 75; amended to be effective January 8, 2015, 40 TexReg 61." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171406", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "205", "label": "CREMATORIES" }, "rule": { "number": "§205.7", "label": "Waiting Period for Cremation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171407", "queryAsDate": "03/11/2026" }, "ruleBody": "Cremation may not occur sooner than 48 hours following the time of death indicated on the death certificate unless the waiting period is waived in writing by a Justice of the Peace or a Medical Examiner of the county in which the death occurred; or by a court order.", "sourceNote": "Source Note: The provisions of this §205.7 adopted to be effective October 11, 2004, 29 TexReg 9534; amended to be effective January 8, 2015, 40 TexReg 61." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171407", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "205", "label": "CREMATORIES" }, "rule": { "number": "§205.9", "label": "Crematory Annual Report, Extensions for Good Cause, and Late Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191456", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The annual report required by Texas Occupation Code §651.658 shall cover the period from January 1 to December 31.(b) The report must be postmarked by January 30 of the year following the year for which the report is due.(c) The Executive Director shall grant an extension for filing the annual report for no more than 60 days upon proof of good cause.(d) Good cause for purposes of subsection (c) of this section is an event beyond the control of the crematory owner or operator that prevents the owner or operator from timely completing and filing the annual report.(e) Requests for extensions of time to file the annual report based on good cause will not be approved if received by the Commission later than January 15 following the year for which the report is due.(f) A $100 late fee will be imposed for each day a crematory establishment fails to submit the annual report if the Executive Director has not granted an extension of time for filing the report. The Commission has no authority to waive or reduce the late fee.", "sourceNote": "Source Note: The provisions of this §205.9 adopted to be effective October 11, 2004, 29 TexReg 9534; amended to be effective January 8, 2015, 40 TexReg 61." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191456", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "205", "label": "CREMATORIES" }, "rule": { "number": "§205.11", "label": "Prerequisites for Cremation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117195", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following documents are required to cremate deceased human remains:(1) a cremation authorization form signed by the person responsible for making arrangements for final disposition; and(2) a death certificate or other death record indicating that the deceased human remains may be cremated.(b) A burial transit permit is required under 25 TAC §181.2 and may be considered other death record under subsection (a)(2) of this section.", "sourceNote": "Source Note: The provisions of this §205.11 adopted to be effective October 11, 2004, 29 TexReg 9534; amended to be effective January 8, 2015, 40 TexReg 61; amended to be effective July 12, 2018, 43 TexReg 4557." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117195", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "205", "label": "CREMATORIES" }, "rule": { "number": "§205.13", "label": "Written Waiver of Identification Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117196", "queryAsDate": "03/11/2026" }, "ruleBody": "A waiver of a right of identification under Health and Safety Code, §716.104(b) is valid only if given in writing.", "sourceNote": "Source Note: The provisions of this §205.13 adopted to be effective October 11, 2004, 29 TexReg 9534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117196", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "205", "label": "CREMATORIES" }, "rule": { "number": "§205.15", "label": "Commingling Limitations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225273", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A crematory establishment may not simultaneously cremate the deceased human remains of more than one person in the same cremation chamber unless authorized by the authorizing agent of each deceased person in a cremation authorization form or other written document.(b) A crematory establishment may not simultaneously cremate deceased human remains with items of value, pacemakers or other potentially hazardous implants that are specifically disclosed by the authorizing agent on the cremation authorization form and are not authorized by the authorizing agent to be cremated with the deceased human remains.", "sourceNote": "Source Note: The provisions of this §205.15 adopted to be effective October 11, 2004, 29 TexReg 9534." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225273", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.1", "label": "Jurisdiction of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225274", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Whenever the terms human \"body\" or \"bodies\" or \"parts of human body\" or \"parts of human bodies\" are used in Chapters 477 - 485, the terms include anatomical specimens, defined as parts of a human corpse in §691.001 of the Health and Safety Code.(2) Whenever the term \"search organization\" is used in Chapters 477 - 485, the term includes search and rescue organizations and recovery teams that use human remains detection canines as described in §691.030(a)(3) of the Health and Safety Code.(b) Jurisdiction:(1) Anatomical Donations. The board exercises jurisdiction over bodies willed or donated to the board, medical, dental or chiropractic schools, or other donees authorized by the board under Health and Safety Code, Chapters 691 and 692A. The board also exercises jurisdiction over individuals, corporations, associations, institutions, research organizations, or other legal entities authorized to receive whole bodies under Chapters 691 and 692A.(2) The board lacks jurisdiction over:(A) parts of human bodies used for transplantation or other medical therapy;(B) skeletal material or other prepared specimens obtained from commercial sources; and(C) individuals in possession of parts or skeletal material or specimens described in subparagraphs (A) and (B) of this paragraph.", "sourceNote": "Source Note: The provisions of this §206.1 adopted\r\nto be effective January 1, 1976; amended to be effective January 7,\r\n2001, 26 TexReg 200; amended to be effective March 29, 2004, 29 TexReg\r\n3230; amended to be effective January 22, 2012, 37 TexReg 197; amended\r\nto be effective September 11, 2016, 41 TexReg 6753; transferred effective\r\nJune 15, 2025, as published in the May 30, 2025, issue of the Texas\r\nRegister, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225274", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.2", "label": "Institutional Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225275", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Institution accreditation. Institutions applying to be authorized to receive and hold bodies, or parts thereof, must show evidence of accreditation by the accrediting board for that profession. This applies to tissue banks authorized to receive donations under Chapter 692A of the Health and Safety Code. Search organizations must show evidence that they fulfill the requirements described in §691.030(a)(3) of the Health and Safety Code.(b) Approved facilities. Institutions or individuals applying to be authorized to receive and hold bodies, or parts thereof, must have and maintain appropriate facilities for receiving, holding, and disposing of bodies, or parts thereof, as are prescribed by the board.(c) Identified individuals. Institutions or individuals authorized to receive, hold, and dispose of bodies, or parts thereof, must provide to the board the name(s) and degree(s) of the person(s) responsible for the cadaver program.", "sourceNote": "Source Note: The provisions of this §206.2 adopted to be\r\neffective January 1, 1976; amended to be effective October 6, 1980,\r\n5 TexReg 3803; amended to be effective August 11, 1986, 11 TexReg\r\n3405; amended to be effective January 22, 2012, 37 TexReg 197; amended\r\nto be effective September 11, 2016, 41 TexReg 6753; transferred effective\r\nJune 15, 2025, as published in the May 30, 2025, issue of the Texas\r\nRegister, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225275", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.3", "label": "Distribution Priorities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225276", "queryAsDate": "03/11/2026" }, "ruleBody": "An institution shall have first claim on all bequests and donations it receives directly. However, the board may direct the transfer of bodies from the donee institution to another member institution of the board to ensure equitable distribution among member institutions.", "sourceNote": "Source Note: The provisions of this §206.3 adopted to be\r\neffective January 1, 1976; amended to be effective March 29, 2004,\r\n29 TexReg 3230; transferred effective June 15, 2025, as published\r\nin the May 30, 2025, issue of the Texas Register, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225276", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.4", "label": "Transport, Importation and Exportation of Bodies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225277", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Transport of Bodies. The transfer and transport of bodies or anatomical specimens from one institution to another, or for export from the state, shall be done in an appropriate, secured vehicle operated by a licensed funeral establishment, ambulance service, member institution, search organization, or public carrier. A label with the statement \"CONTENTS DERIVED FROM DONATED HUMAN TISSUE\" shall be affixed to the container in which the body or anatomical specimen is transported. Violations may result in revocation of authorization to receive and hold bodies.(b) Transfer to search organizations. Cadavers and anatomical specimens may be transferred to search organizations or forensic science programs if:(1) the deceased donated his body in compliance with Section 691.028 of the Health and Safety Code and at the time of the donation authorized use for search organizations or forensic science programs;(2) the body was donated in compliance with Chapter 692A of the Health and Safety Code and the person authorized to make the donation under Section 692A.009 authorized use for search organizations or forensic science programs;(3) the body was received by a member institution because it had not been claimed.(c) Importation. Notification of the intent to import a body or bodies from outside of the State of Texas shall be given to the board in writing. Such bodies shall fall under the jurisdiction of the board upon entering the State of Texas, and all rules regulating such material shall apply.(d) Exportation. No body under the jurisdiction of the board including donations to tissue banks authorized by Health and Safety Code, Chapter 692A, shall be shipped out of the State of Texas, unless permission in writing for such shipment has been granted by the board acting through its secretary-treasurer. If the secretary-treasurer is an employee of the institution that is to make the shipment, secondary approval must be given by the chair.(1) The board may grant approval of exportation of a body if it or its secretary-treasurer or chair determines that:(A) a written request has been received from an institution that is in the approved categories described in §479.1(a) of this title (relating to Institutions Authorized to Receive and Hold Bodies) that describes the need for the body and the facilities available for holding the body.(B) the supply of bodies exceeds the needs of the institutions in this state; and(C) the donor authorized out-of-state shipment.(2) If, in the opinion of the appropriate official of the holding institution or the secretary-treasurer, a site visit to the requesting institution is desirable or necessary, such a visit shall be made and a report made to the secretary-treasurer before approving the transfer. The expenses incurred by such a site visit shall be reimbursed by the potential receiving institution before application is considered.(e) Proscription of local removal. Bodies shall not be removed or relocated from the designated premises of the institution or individual which have been authorized by this board to receive, hold, or dispose of bodies without the written permission of the secretary-treasurer.(f) Violation of this rule. Should it appear that an organization, institution, or individual may be in violation of any section regarding the transportation of a body, the board shall proceed as required by §483.1 of this title (relating to Hearing Procedures).", "sourceNote": "Source Note: The provisions of this §206.4 adopted to be\r\neffective January 1, 1976; amended to be effective October 6, 1980,\r\n5 TexReg 3803; amended to be effective August 11, 1986, 11 TexReg\r\n3405; amended to be effective January 7, 2001, 26 TexReg 200; amended\r\nto be effective March 29, 2004, 29 TexReg 3230; amended to be effective\r\nJanuary 17, 2005, 30 TexReg 75; amended to be effective January 22,\r\n2012, 37 TexReg 197; amended to be effective September 11, 2016, 41\r\nTexReg 6753; transferred effective June 15, 2025, as published in\r\nthe May 30, 2025, issue of the Texas Register, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225277", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.5", "label": "Transfer of Bodies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225278", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application for transfer. Institutions or search organizations desiring the transfer of a body must make written request to the secretary-treasurer of the board. Reasons for the need for a body must be stated.(b) Approval of transfer. The secretary-treasurer is authorized to approve transfers. Although the law provides for private physicians to be authorized to receive bodies, it is the belief of the board that, in general, a physician should arrange to do anatomical work at a medical or dental school or at an authorized hospital.(c) Availability. While the secretary-treasurer of the board shall make diligent efforts to locate a source of bodies for transfer, final authorization for such transfer shall be dependent on the willingness of a member institution to provide the required body or bodies. Costs of the body and for transportation shall be borne by the institution or search organization receiving the transferred body.(d) Disposal of transferred bodies. Unless other suitable arrangements have been made and approved by the secretary-treasurer or the board in advance, transferred bodies on which dissection has been completed shall be returned to the institution originally providing the body for final disposition within one calendar year.(e) Extension. The secretary-treasurer may approve extensions beyond the one calendar year time limit. Written requests for an extension must be submitted prior to the expiration of the term, and reasons for the extension must be stated.", "sourceNote": "Source Note: The provisions of this §206.5 adopted to be\r\neffective January 1, 1976; amended to be effective January 7, 2001,\r\n26 TexReg 200; amended to be effective March 29, 2004, 29 TexReg 3230;\r\namended to be effective January 17, 2005, 30 TexReg 75; amended to\r\nbe effective September 11, 2016, 41 TexReg 6753; transferred effective\r\nJune 15, 2025, as published in the May 30, 2025, issue of the Texas\r\nRegister, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225278", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.6", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225279", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fees for bodies received directly or by transfer. An assessment, the amount of which shall be set from time to time by the board, shall be levied on each institution, organization, or individual for each body received either directly or by transfer. This assessment shall be remitted to the secretary-treasurer.(1) A body is received directly when it is transported from the place of death to the institution entitled to possession of the body. The assessment fee shall be paid by the receiving institution. (2) A body is received by transfer when it is received from an institution that was required to pay an assessment fee or transfer fee when it received the body. Transfer fees shall be paid by the institution that receives the transferred body, except that no fee is payable when an institution takes temporary custody of a body at the request of an institution entitled to possession of the body. For example, if institution A takes temporary custody of a body at the request of institution B, institution A is not required to pay a transfer fee.(3) An assessment fee is payable by the institution entitled to possession of the body when it receives the body that had been in the temporary custody of the other institution, if no assessment fee has been previously paid. For example, in the example given in (2), institution B is required to pay an assessment fee when it receives the body that had been in the temporary custody of institution A.(b) Penalty for failure to remit fees. The authority to receive and hold bodies may be revoked upon failure to transmit such fees. Revocation is automatic if the institution fails to pay the fees under protest after the determination by the secretary-treasurer that no fee has been received within 30 days after final warning to the delinquent organization, institution, or individual. Fees paid under protest may be contested by a hearing (see §483.1 of this title (relating to Hearing Procedures)).(c) Use of fees collected. Fees received by the secretary-treasurer shall be used to meet the actual expenses of the board as allowed by law and authorized by the board or the executive committee.", "sourceNote": "Source Note: The provisions of this §206.6 adopted to be\r\neffective May 14, 1979, 4 TexReg 1532; amended to be effective July\r\n22, 1981, 6 TexReg 2326; amended to be effective August 11, 1986,\r\n11 TexReg 3405; amended to be effective January 7, 2001, 26 TexReg\r\n200; amended to be effective March 29, 2004, 29 TexReg 3230; transferred\r\neffective June 15, 2025, as published in the May 30, 2025, issue of\r\nthe Texas Register, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225279", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.7", "label": "Board Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225280", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) SAB form. Each body received, directly or by transfer, shall be identified and reported on a SAB form prescribed by the board. Copy A shall be filed with the secretary of the board. Copy B shall be retained by the receiving institution. Copy C shall be signed by the receiving institution and returned to the appropriate agent of the board. Copy D shall be retained as a temporary record by the appropriate agent of the board. The SAB registration number shall be the same as that of the SAB tag affixed to the body. In the case of transferred bodies, the SAB registration number shall be prefixed with the letters \"TR.\"(b) Yearly cadaver procurement and use report. Each institution which has received, directly or by transfer, and/or used a body during the prior year shall complete, sign and file with the secretary-treasurer the yearly cadaver procurement and use report prescribed by the board. This report shall be filed not later than August 31 of each year for the prior annual period August 1 through July 31. Tissue banks and search organizations receiving donations as authorized by Health and Safety Code Chapter 692A will file a cadaver procurement and transfer form as prescribed by the board.(c) Obtaining forms. A copy of the blank SAB form may be obtained from the secretary-treasurer and is available for public inspection at the Office of the Secretary of State, Texas Register Division, Austin, Texas.", "sourceNote": "Source Note: The provisions of this §206.7 adopted to be\r\neffective July 22, 1981, 6 TexReg 2326; amended to be effective January\r\n7, 2001, 26 TexReg 200; amended to be effective March 29, 2004, 29\r\nTexReg 3230; amended to be effective January 22, 2012, 37 TexReg 197;\r\namended to be effective May 27, 2013, 38 TexReg 3354; amended to be\r\neffective September 11, 2016, 41 TexReg 6753; transferred effective\r\nJune 15, 2025, as published in the May 30, 2025, issue of the Texas\r\nRegister, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225280", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.8", "label": "Forms for Recording of Willed and Donated Bodies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225268", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Member institutions operating a willed body program, and institutions or individuals receiving donated bodies, including those authorized under Health and Safety Code, Chapter 692A, shall prepare separate forms for pre-death wills under Health and Safety Code, Chapter 691 and post-death donations under the Anatomical Gift Act, Health and Safety Code, Chapter 692A. A copy of such forms shall be deposited, as a sample, with the secretary-treasurer.(b) All Chapter 691 will forms and Chapter 692A donation forms shall incorporate the following: \"Complaints or inquiries regarding a willed or donated body should be directed to the secretary-treasurer of the Anatomical Board of the State of Texas. The name and address of this individual may be obtained from the institution to which the body was delivered.\"", "sourceNote": "Source Note: The provision of this §206.8 adopted to be\r\neffective August 11, 1986, 11 TexReg 3405; amended to be effective\r\nJanuary 7, 2001, 26 TexReg 200; amended to be effective March 29,\r\n2004, 29 TexReg 3230; amended to be effective January 22, 2012, 37\r\nTexReg 197; transferred effective June 15, 2025, as published in the\r\nMay 30, 2025, issue of the Texas Register, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225268", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.11", "label": "Institutions Authorized to Receive and Hold Bodies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225269", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Approved categories. Institutions or organizations authorized by the board to receive and hold bodies include accredited medical schools or colleges, dental schools or colleges, health science centers, hospitals, schools of mortuary science, chiropractic schools or colleges, osteopathic medical schools or colleges, search organizations, and forensic science programs. Tissue banks receiving donations under Health and Safety Code, Chapter 692A may only transfer those donations to institutions in approved categories.(b) Disapproved categories. Organizations, institutions, and individuals not authorized by the board to receive and hold bodies include undergraduate schools and colleges, graduate schools and colleges in nonmedical/dental fields, paramedical schools or colleges not affiliated with a medical or dental school or college or with an authorized hospital, and individuals unaffiliated with an authorized institution.", "sourceNote": "Source Note: The provisions of this §206.11 adopted to be\r\neffective January 1, 1976; amended to be effective August 11, 1986,\r\n11 TexReg 3406; amended to be effective March 29, 2004, 29 TexReg\r\n3231; amended to be effective January 23, 2012, 37 TexReg 198; amended\r\nto be effective September 11, 2016, 41 TexReg 6754; transferred effective\r\nJune 15, 2025, as published in the May 30, 2025, issue of the Texas\r\nRegister, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225269", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.12", "label": "Application and Inspection of Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. An institution applying for authorization to receive and hold bodies must apply in writing to the secretary-treasurer of the board. Such application must contain a short description of the facilities to be utilized and should suggest suitable dates for a site visit by designated members of the board. All authorized institutions planning significant alterations of their facilities should advise the board early in the process of changes proposed.(b) Search organizations applying for authorization to receive and hold bodies have additional requirements:(1) documents demonstrating authorization by a sponsoring local or county law enforcement agency for the search organization's use of human remains detection canines;(2) documents demonstrating the search organization's exemption from federal taxation under 501(c) of the Internal Revenue Code of 1986;(3) documents demonstrating the search organization's protocols for the handling and storage of bodies or parts thereof.(c) Inspection.(1) The inspection team.(A) New facilities. An inspection subcommittee of the board, composed of at least two members of the board, shall visit all new facilities, including any existing facilities that have undergone major renovation. Such inspections shall be made within 60 days of the receipt of a request for inspection.(B) Inspection. Approved facilities. All approved facilities shall be reinspected from time to time on a periodic basis not more than every five years by at least one member of the board from an institution other than the facility being inspected. Search organizations and forensic science programs utilizing WBP specimens shall be reinspected from time to time on a periodic basis not more than every three years. Advance notice of such reinspections shall be given.(C) Facilities where deficiencies have been cited. All facilities which have been disapproved, or where a deficiency has been cited on inspection or reinspection, may be visited by a reinspection subcommittee composed of at least one member of the board from an institution other than the facility being reinspected. This reinspection, when deemed necessary, shall be made within 60 days of notice to the secretary-treasurer that the corrections have been accomplished. Advance notice of such reinspections shall be given.(2) Reports of inspection and reinspection.(A) Approved facilities. Where the inspection subcommittee finds no reason to deny approval of the inspected facilities, they so report in writing to the secretary-treasurer. Upon acceptance of the report by a majority of the board, the secretary-treasurer shall notify the institution concerned of such approval of its facilities and authorize it to receive and hold bodies.(B) Disapproved facilities.(i) Needed corrections cited in writing. When the inspection subcommittee notes deficiencies which require remedy before approval can be granted, they shall so report, in detail, in writing to the secretary-treasurer of the board, who shall notify the institution promptly of these deficiencies. It would be well if the inspection subcommittee discussed deficiencies found with the concerned institution personnel before departing from the site.(ii) Requirement for immediate action. When an institution is advised of deficiencies uncovered by an inspection subcommittee, it is obligated to effect immediate correction of the deficiency or deficiencies. Delay in effecting the required corrections will delay granting approval of new facilities and may threaten continued approval of existing facilities.(iii) Suspension of authorization. Unnecessary delay in making required correction(s) of deficiencies uncovered by inspection or reinspection may, by majority vote of the board, result in denial or withdrawal of approval of the facility and withholding or suspension of authorization to receive and hold bodies. Shall an organization, institution, or individual object to such determination by the board, it may request a hearing pursuant to §483.1 of this title (relating to Hearing Procedures).(3) Costs of inspection and reinspection. All costs attendant on the program of inspection and reinspection shall be borne by the board.", "sourceNote": "Source Note: The provisions of this §206.12 adopted\r\nto be effective January 1, 1976; amended to be effective August 11,\r\n1986, 11 TexReg 3406; amended to be effective January 7, 2001, 26\r\nTexReg 200; amended to be effective September 11, 2016, 41 TexReg\r\n6754; transferred effective June 15, 2025, as published in the May\r\n30, 2025, issue of the Texas Register, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225270", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.13", "label": "Standards for Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Health standards.(1) Dissection facilities. Dissection areas must be clean, well ventilated, and well lighted. The floor should be of a composition that can be easily cleaned and nonskid. Tables and tanks must be conducive to easy cleaning and to the long-term preservation of cadavers.(2) Storage facilities. Storage facilities must be conducive to long-term storage of bodies and conducive to the health of personnel who must work in the area. It should be of sufficient size to handle, without undue crowding, the total of one year's use and receipt of bodies.(3) Preparation area. The preparation area must be clean, well ventilated, and well lighted. It must be fully equipped with table and drain of approved type and the equipment necessary for satisfactory embalming. All construction must be of a type conducive to easy cleaning.(4) Embalming. The embalming formula shall be appropriate to the long-term preservation of cadavers and will not present a health hazard to persons dissecting.(b) Technical support. Member institutions who directly accept Willed Body Program donations must employ a State of Texas Licensed Funeral Director to supervise transport of cadavers and anatomical specimens and a State of Texas Licensed Embalmer to perform embalming procedures. If the institution is unable to employ these licensed individuals, they must maintain a current valid contract with a Licensed Funeral Director and Licensed Embalmer to perform these procedures.(c) Safety standards.(1) Air exchange. All dissecting and preparation areas must have sufficient air-handling machinery to provide for not less than seven full changes of air per hour.(2) Storage of hazardous chemicals. All hazardous chemicals shall be stored in a separate and approved facility or area. Explosive or flammable chemicals must be properly stored.(3) Dangerous fumes. Particular attention must be given to holding the concentrations of all dangerous or hazardous fumes to an absolute minimum. Suitable air-handling equipment, appropriate storage, and careful handling are essential.(d) Public welfare.(1) Visibility. All areas where human bodies are handled must not be visible from the outside of the building or so located that the public has ready visibility of transport, preparation, or dissection in progress.(2) Accessibility. All areas used for receipt and preparation, storage, or dissection of human bodies must be inaccessible and inadmissible to the general public and all unauthorized personnel. All areas must have appropriate locks. Only personnel concerned with the preparation of cadavers should have access to storage and preparation areas. Storage areas should be securely locked at all times when bodies are not being placed in or removed from storage. Search organizations and forensic science programs may use anatomical specimens in field locations provided that those locations are not accessible to the public, and access is restricted to search organization personnel while the anatomical specimens are in use.", "sourceNote": "Source Note: The provisions of this §206.13 adopted\r\nto be effective January 1, 1976; amended to be effective September\r\n11, 2016, 41 TexReg 6754; amended to be effective November 19, 2019,\r\n44 TexReg 7056; transferred effective June 15, 2025, as published\r\nin the May 30, 2025, issue of the Texas Register, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225271", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.14", "label": "Final Disposition of the Body and Disposition of Remains" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225272", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Final disposition of the body. Final disposition of the body occurs upon completion of the donation or bequest by acceptance of the body by the board-member institution.(b) Manner of Disposition of Remains. Intact remains shall be disposed of only by cremation or alkaline hydrolysis. The residual remains of these processes shall be disposed of in a manner appropriate to the disposal of human remains or returned to family members. An institution is obligated to return residual remains to family if, at the time of the donation or bequest:(1) the request is made in writing; and(2) the institution agrees to this arrangement in writing. In no event may residual remains be disposed in or as general institutional wastes.(c) Cremation. Cremation shall occur at a professional crematorium or at the board-member institution in its own crematory.(d) Alkaline hydrolysis at a board-member institution. An institution may operate its own alkaline hydrolysis facility. The facility shall be under the direct control of the Department of Anatomy or the institution's department to which the anatomical program is attached and may be used for no purpose other than the disposition of human remains.(e) Return of Residual Remains. If residual remains are to be returned to family members, the chamber must be completely cleaned before subsequent use, and the body must not be commingled.", "sourceNote": "Source Note: The provisions of this §206.14 adopted to be\r\neffective January 1, 1976; amended to be effective March 29, 2004,\r\n29 TexReg 3231; amended to be effective January 23, 2012, 37 TexReg\r\n198; amended to be effective May 27, 2013, 38 TexReg 3354; transferred\r\neffective June 15, 2025, as published in the May 30, 2025, issue of\r\nthe Texas Register, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225272", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.15", "label": "Abuse of a Corpse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. Abuse of a corpse is defined in Texas Penal Code §42.10. In the code dissection in an authorized institution by authorized persons is specifically exempted from this provision. The board has determined:(1) dissection of human cadaveric materials in health science, and related, education and research, and activities found by the board to be related to dissection (see paragraph (2) of this subsection) are a special privilege and are legally authorized for members and students of the health, and related, professions for the purpose of the advancement of knowledge in these fields. Exercise of this authority is accompanied by solemn obligations to conduct all activities related to such dissection with respect and dignity. Authorized dissection shall take place under supervision of trained and qualified persons, and only in specified locations that have been approved by the board and which meet the standards set forth in §479.3 of this title (relating to Standards for Facilities). Bodies, or parts of a body, shall not be removed from the specified locations without permission of the board or of an authorized representative of the board;(2) the following activities are integrally related to dissection:(A) procurement of bodies:(i) removal from the place of death, hospital, morgue, medical examiner's office, or mortuary; and transfer to a proper site for embalming;(ii) transfer to storage site or dissecting facility approved by the board;(B) distribution of bodies: removal from one storage site and transfer to another approved facility designated by the board;(C) handling of bodies:(i) embalming;(ii) placement in storage;(iii) removal from storage;(iv) placement on dissecting table in a facility designated approved by the board;(D) dissection: cutting or otherwise separating body components for the purpose of demonstrating or investigating structural relationships of tissues, organs, or systems.(E) use of bodies in biomedical research: removal of body parts or constituents and subjection thereof to further manipulation for the purpose of advancing scientific knowledge;(F) disposal of remains:(i) removal from the dissecting table;(ii) transfer to crematory or burial site;(iii) cremation or burial;(iv) final disposition of cremains.(3) use of human cadaveric materials in training human remains detection canines and other forensic science procedures are a special privilege and are legally authorized for active members of search organizations and forensic science programs. Exercise of this authority is accompanied by solemn obligations to conduct all activities related to such training with respect and dignity. Authorized activities shall take place under supervision of trained and qualified persons, and only in specified locations that have been approved by the board and which meet the standards set forth in §479.3 of this title (relating to Standards for Facilities).(b) Whenever a person or institution becomes aware of a possible abuse of corpse, the person or institution shall report the facts, as known, to the executive committee. The executive committee shall give the person or institution the opportunity to document that no violation occurred or that proper remedial safeguards have been implemented to render the likelihood of reoccurrence unlikely. If the executive committee has cause to believe that a person or institution has failed to report as required by this subsection or that an abuse of a corpse has occurred and may reoccur, the executive committee shall recommend an appropriate sanction to the full board up to recommending that a person or institution's privilege to receive, hold, and dissect bodies be revoked. No privilege to receive and hold bodies shall be revoked, in the absence of the person or institution's consent, without the opportunity for a hearing.", "sourceNote": "Source Note: The provisions of this §206.15 adopted to be\r\neffective October 6, 1980, 5 TexReg 3803; amended to be effective\r\nAugust 11, 1986, 11 TexReg 3406; amended to be effective January 7,\r\n2001, 26 TexReg 200; amended to be effective March 29, 2004, 29 TexReg\r\n3231; amended to be effective September 11, 2016, 41 TexReg 6754;\r\ntransferred effective June 15, 2025, as published in the May 30, 2025,\r\nissue of the Texas Register, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225266", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.21", "label": "Statement of the Willed Body Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225267", "queryAsDate": "03/11/2026" }, "ruleBody": "Each authorized institution or organization which avails itself of the options of conducting a willed body program should provide the secretary-treasurer of the board with a statement of its program. Those making application for authorization for the first time should include a statement of the provisional willed body program in its application.", "sourceNote": "Source Note: The provisions of this §206.21 adopted to be\r\neffective January 1, 1976; amended to be effective January 7, 2001,\r\n26 TexReg 201; transferred effective June 15, 2025, as published in\r\nthe May 30, 2025, issue of the Texas Register, 50 TexReg 3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225267", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "206", "label": "ANATOMICAL FACILITIES, NON-TRANSPLANT ANATOMICAL DONATION ORGANIZATIONS, AND WILLED BODY PROGRAMS" }, "rule": { "number": "§206.22", "label": "Requirement for Self-Sufficiency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171086", "queryAsDate": "03/11/2026" }, "ruleBody": "Schools and other major users of cadavers should establish a willed body program with the goal of becoming self-sufficient in obtaining cadavers for its own use within four years of instituting the program.", "sourceNote": "Source Note: The provisions of this §206.22 adopted to be\r\neffective January 1, 1976; transferred effective June 15, 2025, as\r\npublished in the May 30, 2025, issue of the Texas Register, 50 TexReg\r\n3255." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171086", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "207", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§207.1", "label": "Alternative Dispute Resolution Policy and Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171087", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission encourages the resolution and early settlement of all contested matters through voluntary settlement procedures.(b) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) ADR--Alternative Dispute Resolution.(2) ADR procedure--A non-judicial and informally conducted forum for the voluntary settlement of contested matters through intervention of an impartial third party.(3) ADR director--The member of staff designated by the Executive Director to coordinate and oversee ADR procedures and mediators.(4) Contested matter--A complaint by a consumer or other interested party against a licensee or establishment or a complaint opened by the Commission.(5) Mediator--The person appointed by the ADR Director to preside over ADR proceedings regardless of which ADR method is used.(6) Parties--The complainants, respondents, agencies, employees, managers, supervisors, licensees or consumers who are in conflict.(7) Participants--The Executive Director, the Staff Attorney, the complainant, the respondent, the person who timely filed hearing requests which gave rise to the dispute or if parties have been named, the named parties.(8) Private mediator--A person in the profession of mediation who is not a Texas state employee and who has met all the qualifications prescribed by Texas law for mediators.(c) The Commission or the ADR director may seek to resolve a contested matter through any ADR procedure. Such procedures may include, but are not limited to, those applied to resolve matters pending at the State Office of Administrative Hearing (SOAH).(d) Appointment of Mediator.(1) For each matter referred for ADR procedures, the ADR Director shall assign a mediator, unless the participants agree upon the use of a private mediator. The ADR Director may assign a substitute or additional mediator to a proceeding as the ADR Director deems necessary.(2) A private mediator may be hired for ADR procedures provided that:(A) the participants unanimously agree to use a private mediator;(B) the participants unanimously agree to the selection of the person to serve as the mediator;(C) the mediator agrees to be subject to the direction of the ADR Director and to all time limits imposed by the Director, the SOAH Administrative Law Judge (ALJ), statute or rules.(3) If a private mediator is used, the costs for the services of the mediator shall be apportioned equally among the participants, unless otherwise agreed upon by the participants, and shall be paid directly to the mediator. In no event, however, shall any such costs be apportioned to a governmental subdivision or entity that is a statutory party to the hearing.(4) All mediators in Commission mediation proceedings shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.(e) Qualifications of Mediators.(1) The Commission shall establish a list of mediators to resolve contested matters through ADR procedures.(A) To the extent practicable, each mediator shall receive 40 hours of formal training in ADR procedures through programs approved by the ADR Director.(B) Other individuals may serve as mediators on an ad hoc basis in light of particular skills or experience which will facilitate the resolution of individual contested matters.(C) Each mediator shall have some knowledge in the area of the contested matter.(2) SOAH mediators, employees of other agencies who are mediators and private pro bono mediators may be assigned to contested matters as needed. If the mediator is a SOAH ALJ, that person will not also sit as the judge ALJ for the case if the contested matter goes to public hearing.(f) Commencement of ADR.(1) The Commission encourages the resolution of disputes at any time, whether under this policy and procedure or not. ADR procedures under this policy may begin, at the discretion of the ADR Director, Executive Director or Staff Attorney.(2) Upon unanimous motion of the parties and the discretion of the ALJ, the provisions of this subsection may apply to contested hearings. In such cases, it is within the discretion of the ALJ to continue the hearing to allow use of the ADR procedures.(g) When ADR procedures do not result in the full settlement of a contested matter, the participants, in conjunction with the mediator, shall limit the contested issues which will be tried at SOAH through the entry of written stipulations. Such stipulations shall be forwarded or formally presented to the ALJ assigned to conduct the hearing on the merits and shall be included in the hearing record.(h) Agreements of the participants reached as a result of ADR must be in writing and are enforceable in the same manner as any other written contract.(i) Confidentiality of Communications in Alternative Dispute Resolution Procedures.(1) Except as provided in subsections (3) and (4) of this section a communication relating to the subject matter made by the participants in an ADR procedure whether before or after the institution of formal proceedings, is confidential, is not subject to disclosure and may not be used as evidence in any further proceedings.(2) Any notes or record made of an ADR procedure are confidential, and participants, including the mediator, may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.(3) If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may; be presented to the ALJ to determine whether the facts, circumstances and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.(4) The mediator may not, directly or indirectly, communicate with the ALJ or any Commissioner, concerning any aspect of ADR negotiations made confidential by this section.", "sourceNote": "Source Note: The provisions of this §207.1 adopted to be effective June 9, 2004, 29 TexReg 5623; amended to be effective January 8, 2015, 40 TexReg 62." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171087", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "10", "label": "TEXAS FUNERAL SERVICE COMMISSION" }, "chapter": { "number": "209", "label": "ETHICAL STANDARDS FOR PERSONS LICENSED BY THE COMMISSION" }, "rule": { "number": "§209.1", "label": "Ethical Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111187", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensee shall be knowledgeable of and adhere to all applicable federal and state laws, rules, codes, and all procedures established by the Commission. It is the obligation of the licensee to exercise reasonable judgment and skill in the performance of all duties and work performed as a licensee.(b) A licensee who performs his or her duties in a negligent or incompetent manner, or does not perform his or her duties with honesty, integrity, or in a trustworthy manner violates Texas Occupation Code §651.459.(c) Integrity.(1) A licensee shall be honest and trustworthy in the performance of all duties and work performed as a licensee and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission.(2) A licensee shall refrain from engaging in acts or practices that constitute threats, coercion, or extortion.(3) A licensee shall respect a consumer's right of personal choice and decisions with regard to making arrangements.(d) The primary duty of the licensee is to ensure compliance with all applicable federal and state laws, rules, and codes. The licensee's position should be clear to all parties concerned while in the performance of all duties and work performed as a licensee.(e) Specific Rules of Conduct.(1) A licensee shall provide services to client families without regard to religion, race, color, national origin, sex, sexual orientation or disability.(2) A licensee shall provide to consumers and prospective consumers, where applicable, all statutorily required documentation, pricing information, and any other information concerning funerals, cremations, burials, pricing, merchandise, and services, including a consumer brochure and retail price list, in a manner which is neither unfair nor deceptive.(3) A licensee shall protect from disclosure confidential information pertaining to the deceased or the family of the deceased.(4) A licensee shall account properly for and remit any monies, documents, or personal property that belongs to others that comes into the licensees' possession.(5) A licensee shall not participate, whether individually or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose, which he/she knew or should have known was the evasion of any provision of the laws or the rules of the Commission.(6) A licensee shall not provide information he or she knew or should have known was inaccurate, deceitful, or misleading to the Commission or a consumer while performing as a licensee.(7) A licensee shall not engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing as a licensee.(8) A licensee shall not solicit business or offer inducement to secure or attempt to secure business except where authorized by law.(9) A licensee shall not violate any statute, ordinance, or regulation affecting the handling, custody, care or transportation of a decedent.", "sourceNote": "Source Note: The provisions of this §209.1 adopted to be effective January 20, 2005, 30 TexReg 75; amended to be effective January 8, 2015, 40 TexReg 62." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111187&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111187", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.1", "label": "Introduction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111188", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Name. The entity is the Board of Nurse Examiners for the State of Texas, hereafter referred to as the board. It is a decision-making board appointed by the Governor of the State of Texas in compliance with the Texas Occupations Code.(b) Location. The administrative offices shall be located in Austin, Texas.(c) Legal Authority. The board is established and functions under the authority of Chapters 301, 303 and 304 of the Texas Occupations Code.(d) Composition. The board shall be composed of those persons appointed by the Governor with the advice and consent of the Senate.(e) Fiscal year. For all fiscal and administrative purposes, the reporting year of the board shall be identical to that of the State of Texas.", "sourceNote": "Source Note: The provisions of this §211.1 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective May 17, 2004, 29 TexReg 4884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111188&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111188", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.2", "label": "Purpose and Functions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111189", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of the board is to protect and promote the welfare of the people of Texas. This purpose supersedes the interest of any individual, the nursing profession, or any special interest group. The board fulfills its mission through two principle areas of responsibility:(1) regulation of the practice of professional and vocational nursing, and(2) accreditation of schools of nursing.(b) Functions. The board shall perform the following functions as outlined in Texas Occupations Code chapters 301, 303, and 304.(1) Establish standards of nursing practice and regulate the practice of professional and vocational nursing.(2) Interpret the Nursing Practice Act and the Rules and Regulations Relating to Nurse Education, Licensure and Practice to nurses, employers, and the public to ensure informed professionals, allied health professionals, and consumers.(3) Receive complaints and investigate possible violations of the Nursing Practice Act and rules and regulations.(4) Discipline violators through appropriate legal action to enforce the Nursing Practice Act and rules and regulations.(5) Provide a mechanism for public comment with regard to the rules and regulations and the Nursing Practice Act and review and modify the rules and regulations when necessary and appropriate.(6) Examine and license qualified applicants to practice professional and vocational nursing and recognize qualified applicants to practice advanced practice nursing in the state of Texas in a manner that ensures that applicable standards are maintained and that practitioners are minimally competent.(7) Grant licensure by endorsement to vocational and registered nurses and grant recognition of advanced practice nurses from other states to ensure standards are maintained and applicable practices are consistent.(8) Recommend to legislature appropriate changes in the Nursing Practice Act to ensure that the act is current and applicable to changing needs and practices.(9) Establish standards for nursing education and accredit or deny accreditation to schools of nursing and educational programs which fail to meet or maintain the prescribed course of study or other applicable standards to ensure that high levels of education are achieved.(10) Monitor the examination results of licensure applicants to determine variances in the level of educational effectiveness.(11) Provide consultation and guidance to nurse education institutions to facilitate self-study, evaluation, and the development of effective nurse education programs.(12) Provide advice and counsel to the faculty of educational programs, to staff of health agencies utilizing nursing services, and to practitioners of nursing to continually improve professional service delivery.(13) Implement and manage all other programs and responsibilities as authorized and mandated from time to time by the Texas Legislature.", "sourceNote": "Source Note: The provisions of this §211.2 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective May 17, 2004, 29 TexReg 4884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111189", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.3", "label": "Organization and Structure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "162698", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. In accordance with Texas Occupations Code §§301.051 through 301.059, the board shall consist of members appointed by the Governor with the advice and consent of the Senate.(b) Terms of office. The terms of board members shall be six years in length and shall be staggered so that the terms of as near to one-third of the members as possible shall expire on January 31 of each odd-numbered year. Upon completion of a term, a member may continue to serve until a successor has been appointed. A member may be reappointed to successive terms at the discretion of the Governor.(c) Eligibility. Board member eligibility is governed by the Texas Occupations Code §§301.052 and 301.053.(d) Compensation. Each member of the board shall receive per diem as provided by law for each day that the member engages in the business of the board and will be reimbursed for travel expenses incurred in accordance with the state of Texas and Board of Nurse Examiners' travel policies.", "sourceNote": "Source Note: The provisions of this §211.3 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective May 17, 2004, 29 TexReg 4884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=162698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "162698", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.4", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111190", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Selections and appointments. In accordance with the Texas Occupations Code §301.057, the Governor shall designate one of the members of the board as presiding officer. During the last meeting of the calendar year in even years, the board shall elect from among its membership a vice president. The term of the vice president shall be for two years. If the office of vice president becomes vacant during a two-year term, the members of the board shall elect a new vice president from among its membership to serve for the remainder of the term. All elections and any other issues requiring a vote of the board shall be decided by a simple majority of the members present and voting.(b) Duties of the officers.(1) The president shall:(A) preside at all meetings of the board;(B) represent the board in legislative matters and in meetings with related groups;(C) appoint standing, ad hoc, and advisory committees;(D) perform such other duties as pertain to the office of the president; and,(E) designate a member of the board to coordinate the annual performance reviews of the executive director and evaluation of the board.(2) The vice president shall function in the absence of the president and shall perform such other duties that are from time to time assigned by the board. If the office of president becomes vacant, the vice president will serve as president until another member is elected by the board or named by the Governor.", "sourceNote": "Source Note: The provisions of this §211.4 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective July 10, 2013, 38 TexReg 4319." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111190", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.5", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203910", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall meet at least four times a year. It shall consider such matters as may be necessary. Special meetings shall be called by the president of the board or upon written request signed by three members of the board in accordance with Texas Occupations Code §301.058.(1) Agenda. An agenda shall be posted in accordance with the Texas Government Code chapter 551 and copies shall be sent to the board members.(2) Meetings of the board and of its committees are open to the public unless such meetings are conducted in executive session pursuant to state law.(3) Quorum. A majority of the members of the board, at least three of whom shall be nurses, shall constitute a quorum for the transaction of all business at any regular or special meeting.(4) Voting. The board may act only by majority vote of a quorum of members present and eligible to vote, with each eligible member entitled to one vote. A member is not eligible to vote if a conflict of interest exists as described in §211.8 of this title (relating to Conflict of Interest). No proxy vote shall be allowed.(5) Presiding officer. In the absence of the president and the vice president, a presiding officer shall be chosen by a majority of the board members present.(6) Meeting held by tele-conference call. A meeting by the Board of Nurse Examiners may be held by telephone conference call or video conference call only as authorized by Texas Government Code chapter 551.", "sourceNote": "Source Note: The provisions of this §211.5 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective May 17, 2004, 29 TexReg 4884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203910", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.6", "label": "Committees of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222387", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following are standing and permanent committees of the board, as established by the board in accordance with the Nursing Practice Act. The responsibilities and authority of these committees include those duties and powers as set forth including other responsibilities and charges which the board may from time to time delegate to these committees.(b) Eligibility and Disciplinary Committee.(1) Members of the committee shall be appointed by the president and shall consist of one consumer member and two nurse members. The President shall have authority to substitute committee members when necessary to establish a quorum due to absences of standing members.(2) The chair shall be named by the president.(3) Duties and powers.(A) The Committee shall have the authority to determine all matters of eligibility for licensure and discipline of licenses, including temporary suspension of a license, administrative and civil penalties, and consideration and resolution of a default dismissal from the State Office of Administrative Hearings pursuant to Tex. Gov't Code §2001.058(d-1).(B) The Committee shall have the authority to approve the adoption of rules on an emergency basis pursuant to Tex. Gov't Code §2001.034.(4) Quorum. Two eligible voting members shall establish a quorum of the Committee of which at least one member is a nurse.(5) Tele-conference. A meeting by the Committee may be held by telephone conference call or video conference call as authorized by Texas Government Code chapter 551.(c) Education Liaison. The three board members representing nursing educational programs shall serve as advisory to the staff on matters pertaining to faculty waivers, proposed curriculum revisions and other issues that may arise between regular board meetings. The recommendations of the liaison members are presented to the board at the next regular meeting for consideration.(d) Advanced Practice Liaison. Three members shall be designated by the president to serve as advisory to the staff on matters pertaining to advanced practitioner waivers and other issues that may arise between regular board meetings. The recommendation of the liaison members are presented to the board at the next regular meeting for consideration.(e) Other standing or ad hoc committees. The board may designate other standing or ad hoc committees as deemed necessary. Such committees shall have and exercise such authority as may be granted by the board.(f) Advisory Committees. The president may appoint, with the authorization of the board, advisory committees for the performance of such activities as may be appropriate or required by law.(1) The board has established the following committees that advise the board on a continuous basis or as charged by the Board:(A) the Advanced Practice Nursing Advisory Committee (APNAC) advises the Board on practice issues and regulations that have or may have an impact on advanced practice nursing. The APNAC is comprised of representatives from the following:(i) Texas Association of Nurse Anesthetists (TANA);(ii) Coalition for Nurses in Advanced Practice (CNAP);(iii) Texas Nurse Practitioners (TNP);(iv) Consortium of Texas Certified Nurse-Midwives (CTCNM);(v) Texas Clinical Nurse Specialists (TXCNS);(vi) Texas Organization of Nurse Executives (TONE);(vii) Texas Nurses Association (TNA);(viii) CRNA Educator;(ix) CNS Education;(x) CNM Education;(xi) NP Educator; and(xii) other members approved by the Board.(B) the Advisory Committee on Education (ACE) advises the Board on education and practice issues that have or may have an impact on the regulation of nursing education in Texas. The ACE is comprised of representatives from the following:(i) Licensed Vocational Nurses Association of Texas (LVNAT);(ii) Texas Association of Vocational Nurse Educators (TAVNE);(iii) Texas Organization of Baccalaureate and Graduate Nursing Education (TOBGNE);(iv) Texas Organization of Associate Degree Nursing (TOADN);(v) Texas League for Vocational Nursing (TLVN);(vi) Texas Organization of Nurse Executives (TONE);(vii) Texas Nurses Association (TNA);(viii) Texas Association of Deans and Directors Professional Nursing Programs (TADDPNS);(ix) various educators in Texas nursing programs;(x) interested state agencies; and(xi) other members approved by the Board.(C) the Nursing Practice Advisory Committee (NPAC) reviews and analyzes issues that affect the practice of nursing. The NPAC is comprised of representatives from the following:(i) Licensed Vocational Nurses Association of Texas (LVNAT);(ii) Texas Association of Vocational Nurse Educators (TAVNE);(iii) Texas League for Vocational Nursing (TLVN);(iv) Texas Organization of Nurse Executives (TONE);(v) Texas Nurses Association (TNA);(vi) Texas School Nurses Organization (TSNO);(vii) Texas Department of Aging and Disability Services (DADS);(viii) Texas Association for Home Care (TAHC);(ix) Texas Department of State Health Services (DSHS);(x) Texas Association of Homes and Services for the Aging (TAHSA);(xi) Texas Hospital Association (THA); and(xii) other members approved by the Board.(D) the Eligibility and Disciplinary Advisory Committee (EDAC) gives analysis and advises the Board regarding regulatory matters. The EDAC is comprised of representatives from the following:(i) Texas Association of Vocational Nurse Educators (TAVNE);(ii) Licensed Vocational Nurses Association of Texas (LVNAT);(iii) Texas League of Vocational Nurses (TLVN);(iv) Texas Organization of Associate Degree Nursing (TOADN);(v) Texas Organization of Baccalaureate and Graduate Nurse Educators (TOBGNE);(vi) Texas Nurses Association (TNA);(vii) Texas Organization of Nurse Executives (TONE);(viii) Coalition for Nurses in Advanced Practice; and(ix) other members approved by the Board.(2) Members shall be appointed by the Board. The Board may amend committee memberships as needed.(3) A board member or members appointed by the President of the board or the board may serve as a liaison(s) to a committee and report to the Board the recommendations of the committee for consideration by the Board. The role of a Board member liaison, however, is limited to clarifying the Board's charge and intent to the advisory committee.(4) Each committee shall select from among its members a chairperson who shall report to the agency or Board as needed.(5) Each committee's work and usefulness shall be evaluated periodically.(6) The committees will provide notice of meetings on the Secretary of State's web site to allow the public an opportunity to participate.(7) The Executive Director shall appoint staff to support the committee.(8) Committees may identify topics and/or issues for development and communication to the Board for the consideration and/or issuance of a formal charge.(9) The majority of the members of a Committee must be present at a meeting in order to establish a quorum. Committee members will be expected to attend meetings. The chairperson has the discretion to recommend the dismissal of a member who does not regularly attend. The Board or Executive Director has the authority to approve the dismissal of a member.(10) Advisory committees chairs may invite individuals as expert resources to participate in committee discussions and deliberations. Invited experts serve as ad hoc members and do not have voting privileges.(11) The committees will meet as needed. Meeting times will be scheduled by the chairperson of each committee who shall determine whether a majority of the members will be in attendance to establish a quorum.(12) The decisions of the committee are advisory only.(13) Committee members may request and/or receive training as necessary to assist them in completing their work.", "sourceNote": "Source Note: The provisions of this §211.6 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective March 14, 2007, 32 TexReg 1302; amended to be effective September 26, 2007, 32 TexReg 6519; amended to be effective January 4, 2009, 33 TexReg 10432; amended to be effective July 12, 2010, 35 TexReg 6072; amended to be effective April 19, 2016, 41 TexReg 2749; amended to be effective February 16, 2021, 46 TexReg 1057." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222387&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222387", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.7", "label": "Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "93395", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall determine qualifications for and retain an executive director who shall be the chief executive officer of the agency.(b) The executive director shall have the authority and responsibility for the operations and administration of the agency and such additional powers and duties as prescribed by the board. As chief executive of the board the executive director shall manage all aspects of the agency, including personnel, financial and other resources, in support of the NPA, rules and policies, the board's mission and strategic plan. The executive director shall attend all meetings of the board and may offer recommendations to the board, but shall not vote on matters brought before the board.(c) The executive director shall have the authority to dismiss a complaint if an investigation demonstrates that a violation did not occur, or the subject of the complaint is outside the board's jurisdiction. At each public meeting of the board, the executive director shall report to the board each complaint dismissed since the board's last public meeting.(d) The Executive Director, or the Executive Director's designee, is authorized to offer proposed disciplinary orders upon evaluation of the investigation findings. Such an offer may be made:(1) by mail at the conclusion of an investigation; or(2) in person following an informal conference.(e) The Executive Director is authorized to accept the voluntary surrender of a license. Board ratification is not required. The Executive Director will report summaries of dispositions to the Board at its regular meetings.(f) The Executive Director is authorized to accept the following orders on behalf of the Board and ratification by the Board is not necessary. The Executive Director will report summaries of dispositions to the Board at its regular meetings.(1) Orders issued under §213.32(2) and (5) of this title (relating to Corrective Action Proceedings and Schedule of Administrative Fines).(2) Orders requiring a licensee to comply with a peer assistance program.(3) Orders issued under subsection (i) of this section.(4) Orders inactivating a license due to inadequate education.(g) The Executive Director may grant any motion for rehearing if he/she is of the opinion that the motion has merit based on the criteria of §213.16(j) of this title (relating to Respondent's Answer in a Disciplinary Matter). Otherwise, any motion considered untimely or without merit under the criteria of §213.16(j) of this title, would be scheduled without prejudice before the next practicable full Board or Eligibility and Disciplinary meeting for review and determination.(h) The Executive Director may grant a request for a limited license or negotiate an agreed order to return a limited licensee back to direct patient care. The Executive Director may negotiate an agreed resolution to a request for an exception to a stipulation contained in an existing order of the Board. The Executive Director shall not grant a request for exception under this subsection unless he/she is of the opinion that the requested relief falls within, and is consistent with, public safety and the parameters of §213.33(b), (g), and (h) of this title (relating to Factors Considered for Imposition of Penalties/Sanctions). Otherwise, a request for exception to an existing order of the Board may be scheduled without prejudice before the next practicable Eligibility and Disciplinary Committee meeting for review and determination. The Executive Director shall establish guidelines for review and approval of requests for exceptions to existing Board orders, including how often such requests may be made. The Executive Director shall report summaries of decisions related to requests for exceptions to existing Board orders to the Board at its regularly scheduled meetings.(i) If a licensee is subject to temporary suspension or has been temporarily suspended, pursuant to the Occupations Code §301.455 or §301.4551, the Executive Director may approve and accept on behalf of the Board an agreed order resolving the contested case if he/she is of the opinion that the agreed order falls within, and is consistent with, public safety and the parameters of §213.27 of this title (relating to Good Professional Character); §213.29 of this title (relating to Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters); and §213.33 of this title. The Executive Director shall report summaries of dispositions under this subsection to the Board at its regularly scheduled meetings.(j) The Executive Director is authorized to accept the voluntary closure of a vocational nursing education program or a professional nursing education program. Board ratification is not required. The Executive Director will report summaries of such closures to the Board at its regular meetings.", "sourceNote": "Source Note: The provisions of this §211.7 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective September 26, 2007, 32 TexReg 6519; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective November 15, 2009, 34 TexReg 7810; amended to be effective April 17, 2013, 38 TexReg 2359; amended to be effective October 7, 2013, 38 TexReg 6917; amended to be effective January 31, 2017, 42 TexReg 310; amended to be effective December 3, 2024, 49 TexReg 9755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=93395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "93395", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.8", "label": "Conflict of Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192873", "queryAsDate": "03/11/2026" }, "ruleBody": "When matters to be discussed by or before the board concern a school and/or agency with which the board member is affiliated, the board member shall not enter into the discussion unless questioned by a member of the board and shall not vote on the matter.", "sourceNote": "Source Note: The provisions of this §211.8 adopted to be effective March 31, 2002, 27 TexReg 2236." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192873", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.9", "label": "General Considerations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178980", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Parliamentary procedure. Board and committee meetings shall be conducted pursuant to the Board's adopted Simplified Parliamentary Policy.(b) Minutes. Minutes of all board meetings will be prepared and transmitted to board members for their review prior to subsequent board meetings and shall be filed with the Legislative Reference Library and the Texas State Library. Proceedings of standing and ad hoc committee meetings and advisory committee meetings shall be recorded, distributed and filed in accordance with parliamentary procedure.(c) Video Tape. All or any part of the proceedings of a public board meeting may be recorded by any person in attendance by means of a tape recorder, video camera, or any other means of sonic or visual reproduction.(1) The executive director shall direct any individual wishing to record or videotape as to equipment location, placement, and the manner in which the recording is conducted.(2) The decision will be made so as not to disrupt the normal order and business of the board.(d) Executive Session.(1) The Board of Nurse Examiners may meet in executive session to consider the following items as provided by law:(A) involving the appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless such officer or employee requests a public hearing;(B) with respect to the purchase, exchange, lease, value of real property and negotiated contracts for prospective gift or donations to the state or the governmental body, when such discussion would have a detrimental effect on the negotiating position of the board as between the board and a third person, firm, or corporation;(C) regarding the deployment, or specific occasions for implementation of security personnel or devices;(D) in private consultation between a governmental body and its attorney, in instances in which the board seeks the attorney's advice with respect to pending or contemplated litigation, settlement offer, and matters where the duty of board's counsel to his client, pursuant to the Code of Professional Responsibility of the State Bar of Texas, clearly conflicts with applicable statutory provisions; or(E) any other matter as may relate to board business that is authorized by state law.(2) An executive session of the board shall not be held unless a quorum of the board has first been convened in open meeting. If during such open meeting, a motion is passed by the board to hold an executive session, the presiding officer shall publicly announce that an executive session will be held by stating the appropriate authority under which such executive session is being convened.(3) The presiding officer of the board shall announce the date and time at the beginning and end of the executive session.(4) The presiding officer of the board shall make a tape recording of the executive session which shall include the announcement made by the presiding officer at the beginning and end of the executive session.(5) In lieu of a tape recording, the presiding officer shall prepare an agenda of the executive session which shall be certified by the presiding officer as being a true and correct record of the proceedings. The certified agenda shall:(A) include an announcement of the date and time by the presiding officer at the beginning and end of the executive session; and(B) state the subject matter of each deliberation and include a record of any further action taken.(6) At the conclusion of the executive session, the presiding officer shall place the certified agenda or tape in an envelope, seal and date the envelope and deliver the envelope to the executive director.(7) The executive director or his or her designee will place the envelope containing the tape or agenda in the agency's safe.(8) The certified agenda or tape shall be maintained at the board office for at least two years from the date of the executive session. If an action involving the executive session commences during such two year period, the certified agenda shall be maintained until the final disposition of such action.(9) The certified agenda or tape shall be available for inspection by the judge of a district court as specified in Government Code, §555.104, if litigation has been initiated involving a violation of this section.(e) Contracts with Historically Underutilized Businesses (HUBS).(1) A Historically Underutilized Business (HUB) is a business that meets the definition of HUBs as defined in the rules of the Texas Building and Procurement Commission.(2) The Board shall make a good faith effort to utilize HUBs in contracts for construction, services, including professional and consulting services, and commodities purchases.(3) The board shall make a good faith effort to assist HUBs in receiving a portion of the total contract value of all contracts awarded by the board in accordance with the percentage goals established by the Texas Building and Procurement Commission.(f) Enhanced Contract and Performance Monitoring.(1) The following contracts require enhanced contract or performance monitoring:(A) A contract for the purchase of goods or services that has a value exceeding $1 million; and(B) A contract with a value of less than $1 million, if the Board's contract manager determines enhanced contract or performance monitoring is appropriate.(2) For contracts identified under paragraph (1) of this subsection, the Board's contract manager or designated staff member must submit the following information to the Board:(A) the general purpose of the contract;(B) the name of the vendor;(C) the legal authority under which the contract was entered;(D) the current cost of the contract; and(E) the total cost of the contract, including contract renewals.(3) The Executive Director shall be immediately notified of any serious issue or risk that is identified with respect to a contract monitored under this subsection.", "sourceNote": "Source Note: The provisions of this §211.9 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective July 14, 2016, 41 TexReg 5053; amended to be effective October 31, 2018, 43 TexReg 7318." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178980", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.10", "label": "Training and Education Reimbursement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209775", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may use public funds to reimburse for the training and education for its employees. The training or education must be related to the duties or the prospective duties of the employee.(b) An employee may be eligible for education and training reimbursement if the employee is taking the course at the request of the agency or:(1) has been employed full-time at the Board for a period in excess of six (6) months;(2) is currently employed full-time;(3) has a performance evaluation of 3.0 or above; and(4) does not have a current employment disciplinary record.(c) If the course is completed at an accredited institution of higher education, the employee must achieve a grade of \"C\" or above for undergraduate work or a grade of \"B\" or above for graduate work to be eligible for reimbursement.(d) If the education or training is a pass/fail activity, the employee must pass the course to be eligible for reimbursement.(e) Permission to participate in any education or training program must be approved by the Executive Director and may be withdrawn if the Executive Director determines that participation would negatively impact the employee's job duties or performance or that participation is no longer in the agency's best interest.(f) If the employee does not remain employed at the agency for one (1) year following completion of the course or training, the employee will be required to refund all expenses reimbursed by the Board.(g) Before an employee of the agency may be reimbursed, the Executive Director must authorize the reimbursement.(h) For purposes of this rule, reimbursement only includes tuition, building fees, lab fees and student service fees. Tuition will be reimbursed up to half of the cost with a maximum of $1,000 per fiscal year contingent upon availability of agency resources.", "sourceNote": "Source Note: The provisions of this §211.10 adopted to be effective July 18, 2016, 41 TexReg 5174." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209775", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "211", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§211.11", "label": "Employee Leave Pools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203911", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sick Leave Pool. A sick leave pool is established to allow eligible state employees to use time contributed to the sick leave pool if the employee has exhausted the employee's sick leave because of a catastrophic illness or injury or a previous donation of time to the pool.(b) Family Leave Pool. A state employee family leave pool is established to provide eligible state employees more flexibility in bonding with and caring for children during a child's first year following birth, adoption, or foster placement and for caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic.(c) The Human Resources Director or other employee designated by the Executive Director will act as Sick Leave Pool and Family Leave Pool Administrator.(d) The Sick Leave Pool and Family Leave Pool Administrator, with the approval of the Executive Director, will prescribe and implement policies to effectuate the operation of the pools. The policies and procedures must be consistent with the provisions of the Texas Government Code Chapter 661 and will be included in the agency's Employee Handbook.(e) Employee donations to the sick leave pool and family leave pool are strictly voluntary and must be made in writing.", "sourceNote": "Source Note: The provisions of this §211.11 adopted to be effective August 8, 2022, 47 TexReg 4677." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203911", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95939", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Act--The Nursing Practice Act or NPA, Texas Occupations Code Annotated §§301.001 - 301.607; 303.001 - 304.014.(2) Address of record--The address of each licensee as provided to the Board of Nursing (as required by Board rules relating to Change of Name and/or Address) and currently found in §217.7 of this title (relating to Change of Name and/or Address).(3) Administrative Law Judge or judge--An individual appointed by the chief administrative law judge of the State Office of Administrative Hearings to preside over administrative hearings pursuant to Texas Government Code Annotated, Chapter 2003, §2003.041. The term shall also include any temporary administrative law judge appointed by the chief administrative law judge pursuant to Texas Government Code Annotated §2003.043.(4) Adverse licensure action--Any action to fine, reprimand, warn, limit, probate, revoke, suspend, or otherwise discipline a license or multistate licensure privilege. The term includes an order accepting a voluntary surrender in lieu of disciplinary action.(5) Answer--A responsive pleading.(6) APA--Administrative Procedure Act, Texas Government Code Annotated Chapter 2001.(7) Attorney of record--A person licensed to practice law in Texas who has provided the staff with written notice of representation.(8) Board--The Board of Nursing appointed pursuant to Texas Occupations Code Annotated §301.051. For purposes of this section, \"Board\" also includes a three member standing committee designated by the Board to determine matters of eligibility for licensure and discipline of licensees.(9) Client--See Patient.(10) Complaint--Written accusations made by any person, or by the Board on its own initiative, alleging that a licensee's conduct may have violated the NPA.(11) Contested case--A proceeding including, but not restricted to, rate making and licensing, in which the legal rights, duties or privileges of a party are to be determined by an agency after an opportunity for adjudicative hearing.(12) Conviction--The result of a criminal proceeding wherein an individual, based on a plea or verdict, is adjudged guilty of the offense charged, or has been placed on probation with or without an adjudication of guilt, or has received an order of deferred adjudication.(13) Declaratory order--An order, issued by the Board pursuant to Texas Occupations Code Annotated §301.257, determining the eligibility of an individual for initial licensure as a registered or vocational nurse and setting forth both the basis for potential ineligibility and the Board's determination of the disclosed eligibility issues.(14) Default proceeding--The issuance of a proposal for decision or an order in which the factual allegations against the respondent in a contested case are deemed admitted as true upon the respondent's failure to appear at a properly noticed hearing, or failure to file a response to the Formal Charges.(15) Eligibility and Disciplinary Committee--A three member committee organized in accordance with §211.6 of this title (relating to Agreements in Writing) and authorized by the Board to make a final disposition of licensure eligibility and disciplinary matters including temporary suspension.(16) Eligibility matter--A proceeding by which an individual requests licensure (such as by Petition for Declaratory Order, Application for Examination, Application for Endorsement), Reinstatement, Reissuance, or Renewal.(17) Executive director--The executive director of the Board of Nursing.(18) Formal charges--Pleading of the staff publicly alleging the reasons for disciplinary actions against a registered or vocational nurse created in accordance with Texas Occupations Code Annotated §301.458.(19) Hearing--A public adjudicative proceeding at the State Office of Administrative Hearings.(20) Informal conference--A non-public settlement meeting conducted by the executive director or designee to resolve a disciplinary or eligibility matter pending before the Board.(21) Initial licensure--The original grant of permission to practice nursing in Texas, regardless of the method through which licensure was sought.(22) License--Includes the whole or part of any Board permit, certificate, approval, registration, or similar form of permission required by law to practice professional or vocational nursing in the State of Texas. For purposes of this subchapter, the term includes a multistate licensure privilege.(23) Licensee--A person who has met all the requirements to practice as a registered or vocational nurse pursuant to the Nursing Practice Act and the Rules and Regulations relating to Nurse Education, Licensure and Practice and has been issued a license to practice professional or vocational nursing in Texas. For purposes of this subchapter, the term includes a person who practices pursuant to a multistate licensure privilege.(24) Licensing--Includes the Board's process with respect to the granting, denial, renewal, revocation, suspension, annulment, withdrawal, amendment of a license, or multistate licensure privilege.(25) Minor Incident--Conduct in violation of the Nursing Practice Act, which after a thorough evaluation of factors enumerated under §217.16 of this title (relating to Minor Incidents), indicates that the nurse's continuing to practice professional or vocational nursing does not pose a risk of harm to a client or other person and, therefore, does not need to be reported to the Board or peer review committee.(26) Multistate Licensure Privilege--See Texas Occupations Code Annotated §304.001, article 1(h) (definition of Multistate Licensure Privilege). For purposes of this subchapter, the multistate licensure privilege means the privilege to practice as a professional or vocational nurse in the state of Texas based on the current, official authority to practice as a nurse in another state that has enacted the Nurse Licensure Compact, Texas Occupations Code Annotated Chapter 304.(27) Order--A written decision of the Board, regardless of form, signed by the Board or the executive director on its behalf.(28) Party--A person who holds a license issued by the Board of Nursing or multistate licensure privilege, a person who seeks to obtain, retain, modify his or her license, or a multistate licensure privilege, or the Board of Nursing.(29) Patient--An individual under the care and treatment of a health care professional either at a health care facility or in his/her own home.(30) Person--Any individual, representative, corporation, or other entity, including any public or non-profit corporation, or any agency or instrumentality of federal, state, or local government.(31) Petitioner--A party, including the staff, who brings a request or action and assumes the burden of going forward with an administrative proceeding, e.g., the staff in an action to discipline a licensee, the person who seeks reinstatement of a license, or the person who seeks a determination of eligibility for licensure.(32) Pleading--A written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal argument, or otherwise addresses matters involved in the case.(33) Reinstatement--The process of reissuing and restoring a license to active status that has been previously suspended, revoked, or voluntarily surrendered.(34) Respondent--A party, including the staff, to whom a request is made or against whom an action is brought, e.g., the licensee in a disciplinary action by the staff, the person who holds a multistate licensure privilege in a disciplinary action by the staff, the Board in a reinstatement action, or the Board in an action to determine eligibility for licensure.(35) Rule--Any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of a state agency. The term includes the amendment or repeal of a prior rule, and does not include statements regarding only the internal management or organization of any agency and not affecting private rights or procedures.(36) SOAH--The State Office of Administrative Hearings.(37) Staff--The staff of the Board, not including the executive director. For purposes of these rules, the staff may act through the legal counsel.(38) Technical error--A judge's misinterpretation or misapplication of sound nursing principles or minimum nursing practice standards in a proposal for decision that must be corrected to sufficiently protect the public.", "sourceNote": "Source Note: The provisions of this §213.1 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective February 15, 2021, 46 TexReg 1058." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95939", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.2", "label": "Construction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163975", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless otherwise expressly provided, the past, present or future tense shall each include the other; the masculine, feminine, or neuter gender shall each include the other; and the singular and plural number shall each include the other.(b) These rules apply to all contested cases within the Board's jurisdiction and shall control practice and procedure before the Board and SOAH, unless pre-empted by rules promulgated by SOAH.(c) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed otherwise.(d) A reference in statute revised by the Texas Occupations Code is considered to be a reference to the part of the Texas Occupations Code that revises that statute or part of statute.(e) A reference in a rule or part of a rule revised by this subchapter is considered to be a reference to the part of this subchapter that revises that rule or part of that rule.", "sourceNote": "Source Note: The provisions of this §213.2 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163975", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.3", "label": "Pleading" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In licensure matters:(1) In actions by the staff as petitioner against a licensee, the staff's pleading shall be styled \"Formal Charges.\"(2) Except in cases of temporary suspension and injunction, the Board may not take disciplinary action unless notice of the facts or conduct alleged to warrant the intended action has been sent to the licensee's address of record and the licensee has an opportunity to show compliance with the law for retention of the license as provided in the APA, Texas Government Code §2001.054(c). Notice of hearing or amended notice of hearing constitutes institution of agency proceedings for purposes of §2001.054(c).(b) In eligibility matters:(1) In actions by the staff as petitioner, the staff's pleading shall ordinarily be styled \"Petition of the Board of Nursing.\"(2) In actions by a person as petitioner, e.g., an individual seeking a determination of eligibility for licensure, examination or licensure applicant, or an individual petitioning to return to direct patient care or seeking reinstatement of a surrendered, revoked, or suspended license, the person's pleading shall be styled \"Petition of NAME.\" The person shall have the burden of initiating the action, going forward with the administrative proceeding and proving the allegations contained in the pleading. The Board, at its discretion, may initiate proceedings before SOAH without relieving petitioner of the burden of proof as out-lined herein. If the Board has provided the petitioner with written notice of the basis of its refusal or denial of license, permit, application or petition, the Board may file an answer incorporating this notice and may rely on the notice as a responsive pleading.", "sourceNote": "Source Note: The provisions of this §213.3 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective October 7, 2013, 38 TexReg 6918." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95941", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.4", "label": "Representation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may represent himself/herself or be represented by an attorney licensed to practice law in Texas.(b) A party's attorney of record shall remain the attorney of record in the absence of a formal request to withdraw and an order of the judge approving the request.(c) Notwithstanding the above, a party may expressly waive the right to assistance of counsel.", "sourceNote": "Source Note: The provisions of this §213.4 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95942", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.5", "label": "Appearance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95943", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person appearing before the Board in connection with a contested case shall prefile written testimony at least 21 days prior to the appearance.(b) In disciplinary and eligibility matters, appearances in contested cases may be made only by a party.(c) In disciplinary and eligibility matters, a non-party may file an amicus brief with the executive director, with contemporaneous filing at SOAH if SOAH has acquired jurisdiction. Non-parties who file under this provision must disclose:(1) their identities including name, address, telephone number, licensure, certification status;(2) their interest in the disciplinary or eligibility matter;(3) the identity of their members, subscribers, clients, constituents;(4) the identity of the persons or entities that may be benefitted by the position taken by the amicus;(5) the identity of the persons or entities that may be injured or disadvantaged by the position taken by the amicus; and(6) the financial impact of the position taken by the amicus.", "sourceNote": "Source Note: The provisions of this §213.5 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95943", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.6", "label": "Agreements in Writing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95944", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise provided by the NPA or these rules, no agreement between attorneys or parties concerning any action or matter pending before the Board will be enforced unless it is in writing, signed, and filed with the papers as a part of the record, or unless it is made in open hearing and entered on record.", "sourceNote": "Source Note: The provisions of this §213.6 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95944", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.7", "label": "Final Disposition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95946", "queryAsDate": "03/11/2026" }, "ruleBody": "Except for matters expressly delegated to the executive director, no agreed order regarding eligibility or discipline shall be final or effective until approved by the Board.", "sourceNote": "Source Note: The provisions of this §213.7 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95946", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.8", "label": "Filing of Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The original of all applications, petitions, complaints, motions, protests, replies, answers, notices, and other pleadings relating to any proceeding pending or to be instituted before the Board shall be filed with the executive director or designee. The date of filing is the date of actual receipt at the office of the Board.(b) The original of all documents are to be filed at SOAH only after it acquires jurisdiction. (See §213.22(a) of this title (relating to Formal Proceedings) and SOAH rules, 1 TAC §155.7 (relating to Jurisdiction)). Filings and service to SOAH shall be directed to: Docket Division, State Office of Administrative Hearings, 300 West 15th Street, Room 504, P.O. Box 13025, Austin, Texas 78711-3025. Copies of all documents filed at SOAH must be contemporaneously served on the Board.", "sourceNote": "Source Note: The provisions of this §213.8 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95947", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.9", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208160", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In computing any period of time prescribed or allowed by these rules, by order of the Board, or by any applicable statute, the day of the act, event, or default which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, an official State holiday, or another day on which SOAH or the Board office is closed, in which case the time period will be deemed to end on the next day that SOAH or the Board office is open. When these rules specify a deadline or set a number of days for filing documents or taking other actions, the computation of time shall be by calendar days rather than business days, unless otherwise provided for by these rules, applicable law, SOAH rules, or judge order. However, if the period specified is five days or less, the intervening Saturdays, Sundays, and legal holidays are not counted.(b) Extension. When by these rules, SOAH rules, or judge order, an act is required or allowed to be done at or within a specified time, the executive director or judge (if SOAH has acquired jurisdiction) may, for cause shown, order the period enlarged if application is made before the expiration of the specified period. In addition, where good cause is shown for the failure to act within the specified time period, the executive director or the judge may permit the act to be done after the expiration of the specified period.", "sourceNote": "Source Note: The provisions of this §213.9 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208160", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.10", "label": "Notice and Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice must be in writing and addressed to the party. Notice to a licensee is effective and service is complete when sent by certified or registered mail, return receipt requested, to the licensee's address of record at the time of the mailing.(b) Notice to a party holding a multistate licensure privilege is effective and service is complete when sent by certified or registered mail, return receipt requested, to the privilege holder's address of record maintained with the home state nurse licensing agency at the time of the mailing.(c) Notice to a non-licensee is effective and service is complete when sent by certified or registered mail, return receipt requested, to the person's address as stated on his/her petition, application, or other pleading.(d) Notice to any person other than the Board is effective and service is complete when sent by certified or registered mail, return receipt requested, to the person's attorney of record.(e) Notice of a hearing in a contested case must comply with Texas Government Code §2001.052 (Texas Administrative Procedure Act). Service is complete when made pursuant to 1 TAC §155.25 (SOAH).(f) Notwithstanding subsections (a) - (e) of this section, notice required by a rule adopted by the Interstate Commission of Nurse Licensure Compact Administrators is effective and service is complete when made electronically through the Texas Nurse Portal accessible through the Board's website.(g) Notwithstanding subsections (a) - (e) of this section, notice not specifically required by state law to be provided through first class, certified, or registered mail, return receipt requested, may be made electronically through the Texas Nurse Portal accessible through the Board's website. Notice is effective and service is complete when made through this method.", "sourceNote": "Source Note: The provisions of this §213.10 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective March 15, 2022, 47 TexReg 1275." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95945", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.11", "label": "Non-SOAH Motion for Continuance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No continuance shall be granted except for sufficient cause supported by affidavit as detailed in subsection (b) of this section, by consent of the parties, or by operation of law. A party that files a motion for continuance fewer than 10 days before the date of the event specified in any non-SOAH notice, must contact the other party and indicate in the motion whether there is any opposition to the motion.(b) The motion shall be supported by a sworn affidavit detailing the reasons for the continuance. The affidavit shall also set forth the specific grounds upon which the party seeks the continuance and that the continuance is not sought for delay, but so that justice may be served.(1) If the ground of such application is the need for testimony, the party requesting the continuance shall make an affidavit stating that such testimony is material, shall show the materiality thereof, shall state that he or she has used due diligence to procure such testimony, stating such diligence, and shall state the cause of failure, if known, and shall state that such testimony cannot be procured from any other source.(2) If it be for the absence of a witness, the party requesting the continuance shall state the name and residence of the witness, and what the party requesting the continuance expects to prove by such witness.(3) If it be for the reason of a conflicting setting, the party requesting the continuance shall identify the conflict by style, cause number, court, agency, nature of setting, and date the conflicting setting was made.", "sourceNote": "Source Note: The provisions of this §213.11 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136949", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.12", "label": "Witness Fees and Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111336", "queryAsDate": "03/11/2026" }, "ruleBody": "A witness who is not a party to the proceeding and who is subpoenaed to appear at a deposition or hearing or to produce books, papers, or other objects, shall be entitled to receive reimbursement for expenses incurred in complying with the subpoena as set by the legislature in the APA, Texas Government Code Annotated §2001.103. In addition, a subpoenaed witness is entitled to thirty dollars ($30) for each day or part of a day that the person is necessarily present, and to mileage reimbursement. The mileage reimbursement rate shall be equal to the maximum fixed mileage allowance specified in the revenue rulings issued by the Internal Revenue Service under the federal income tax regulations as announced by the Texas Comptroller for going to and returning from the place of the hearing or deposition if the place is more than 25 miles from the person's place of residence, and the person uses the person's personally owned or leased motor vehicle for the travel.", "sourceNote": "Source Note: The provisions of this §213.12 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective January 8, 2008, 33 TexReg 179; amended to be effective June 24, 2008, 33 TexReg 4884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111336", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.13", "label": "Complaint Investigation and Disposition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95951", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints shall be submitted to the Board in writing and should contain at least the following information: Nurse/Respondent Name, License Number, Social Security Number, Date of Birth, Employer, Dates of Occurrence(s), Description of Facts or Conduct, Witnesses, Outcome, Complainant Identification (Name, Address, and Telephone Number), and Written Instructions For Providing Information to the Board. Complaints may be made on the agency's complaint form.(b) A preliminary investigation shall be conducted to determine the identity of the person named or described in the complaint.(c) Complaints shall be assigned a priority status:(1) Priority 1--those indicating that credible evidence exists showing a guilty plea, with or without an adjudication of guilt, or conviction of a serious crime involving moral turpitude; a violation of the NPA involving actual deception, fraud, or injury to clients or the public or a high probability of immediate deception, fraud or injury to clients or the public;(2) Priority 2--those indicating that credible evidence exists showing a violation of the NPA involving a high probability of potential deception, fraud, or injury to clients or the public;(3) Priority 3--those indicating that credible evidence exists showing a violation of the NPA involving a potential for deception, fraud, or injury to clients or the public; and(4) Priority 4--all other complaints.(d) Not later than the 30th day after a complaint is received, the staff shall place a time line for completion, not to exceed one year, in the investigative file and notify all parties to the complaint. Any change in time line must be noted in the file and all parties notified of the change not later than seven days after the change was made. For purposes of this rule, completion of an investigation in a disciplinary matter occurs when:(1) staff determines insufficient evidence exists to substantiate the allegation of a violation of the NPA, Board's rules, or a Board order; or(2) staff determines sufficient evidence exists to demonstrate a violation of the NPA, Board's rules, or a Board order and drafts proposed formal charges.(e) Staff shall conduct a criminal background search of the party described in the complaint.(f) The staff shall provide summary data of complaints extending beyond the complaint time line to the executive director.", "sourceNote": "Source Note: The provisions of this §213.13 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95951", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.14", "label": "Preliminary Notice to Respondent in Disciplinary Matters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95956", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except for proceedings conducted pursuant to the authority of Texas Occupations Code Annotated §301.455 (Temporary Suspensions) or unless it would jeopardize the investigation, prior to commencing disciplinary proceedings under §213.15 of this title (relating to Commencement of Disciplinary Proceedings), the staff shall serve the respondent with written notice in accordance with Texas Government Code §2001.054(c).(b) Such notice shall contain a statement of the facts or conduct alleged to warrant an adverse licensure action. The notice shall invite the respondent to show compliance with all requirements of the law for retention of the license.(c) Respondent shall file a written response within 20 days after service of the notice specified in subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §213.14 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95956", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.15", "label": "Commencement of Disciplinary Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95957", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a complaint is not resolved informally, the staff may commence disciplinary proceedings by filing formal charges.(b) The formal charges shall contain the following information:(1) the name of the respondent and his or her license number;(2) a statement alleging with reasonable certainty the specific act or acts relied on by the Board to constitute a violation of a specific statute, Board rule, or Board order; and(3) a reference to the section of the Act or to the Board's rule, regulation, or order which respondent is alleged to have violated.(c) When formal charges are filed, the executive director shall serve respondent with a copy of the formal charges. The notice shall state that respondent shall file a written answer to the formal charges that meets the requirements of §213.16 of this title (relating to Respondent's Answer in a Disciplinary Matter).(d) The staff may amend the formal charges at any time permitted by the APA. A copy of any formal amended charges shall be served on the respondent. The first charges filed shall be entitled \"formal charges,\" the first amended charges filed shall be entitled \"first amended formal charges,\" and so forth.(e) Formal charges may be resolved by agreement of the parties at any time.", "sourceNote": "Source Note: The provisions of this §213.15 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95957", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.16", "label": "Respondent's Answer in a Disciplinary Matter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95958", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The respondent in a disciplinary matter shall file an answer to the formal charges and to every amendment thereof.(b) The answer shall admit or deny each of the allegations in the charges or amendment thereof. If the respondent intends to deny only a part of an allegation, the respondent shall specify so much of it is true and shall deny only the remainder. The answer shall also include any other matter, whether of law or fact, upon which respondent intends to rely for his or her defense.(c) If the Respondent fails to file a response to the Formal charges, the matter will be considered as a default case(d) In a case of default, the Respondent will be deemed to have(1) admitted all the factual allegations in the Formal charges;(2) waived the opportunity to show compliance with the law;(3) waived the opportunity for a hearing on the Formal charges; and(4) waived objection to the recommended sanction in the Formal charges.(e) The Executive Director may recommend that the Board enter a default order, based upon the allegations set out in the Formal charges, that adopts the sanction that was recommended in the Formal charges.(f) Upon consideration of the case, the Board may:(1) enter a default order under §2001.056 of the APA; or(2) order the matter to be set for a hearing at SOAH.(g) The respondent may amend his or her answer at any time permitted by the APA or SOAH rules.(h) The first answer filed shall be entitled \"answer,\" the first amended answer filed shall be entitled \"first amended answer,\" and so forth.(i) Any default judgment granted under this section will be entered on the basis of the factual allegations in the formal charges contained in the notice, and upon proof of proper notice to the Respondent. For purposes of this section, proper notice means notice sufficient to meet the provisions of the Texas Government Code §2001.054 and §213.10 of this title (relating to Notice and Service). Such notice shall also include the following language in capital letters in 12 point boldface type: FAILURE TO FILE A WRITTEN ANSWER TO THE FORMAL CHARGES, EITHER PERSONALLY OR BY LEGAL REPRESENTATIVE, WILL RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING ADMITTED AS TRUE AND THE PROPOSED RECOMMENDATION OF STAFF SHALL BE GRANTED BY DEFAULT.(j) A motion for rehearing which requests that the Board vacate its default order under this section shall be granted if movant proves by the preponderance of the evidence that the failure to answer the formal charges was not intentional or the result of conscious indifference, but due to accident or mistake--provided that movant has a meritorious defense to the factual allegations contained in the formal charges and the granting thereof will occasion no delay or otherwise work an injury to the Board.", "sourceNote": "Source Note: The provisions of this §213.16 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95958", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.17", "label": "Discovery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95959", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Parties to administrative proceedings shall have reasonable opportunity and methods of discovery described in the Texas Administrative Procedure Act (APA), Chapter 2001, Texas Government Code, the Texas Nursing Practice Act (NPA), and SOAH rule, 1 TAC §155.31 (relating to Discovery). Matters subject to discovery are limited to those which are relevant and material to issues within the Board's authority as set out in the NPA. Subject to prior agreement of parties or unless explicitly stated in Board rules, responses to discovery requests, except for notices of depositions, shall be made within 20 days of receipt of the request.(b) Parties may obtain discovery by: request for disclosure, as described by Texas Revised Civil Procedures 194, oral or written depositions, written interrogatories to a party; requests of a party for admission of facts and the genuineness of identity of documents and things; requests and motions for production, examination, and copying of documents and other tangible materials; motion for mental or physical examinations; and requests and motions for entry upon and examination of real property.(c) Parties are encouraged to make stipulations of evidence where possible and to agree to methods and time lines to expedite discovery and conserve time and resources.", "sourceNote": "Source Note: The provisions of this §213.17 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95959", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.18", "label": "Depositions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The deposition of any witness may be taken upon a commission issued by the executive director upon the written request of any party, a copy of which shall be served on the non-requesting party.(b) The written request shall contain the name, address, and title, if any, of the witness; a description of the books, records, writings, or other tangible items the requesting party wishes the witness to produce at the deposition; the date and location where the requesting party wishes the deposition to be taken; and a statement of the reasons why the deposition should be taken and the items produced.(c) Depositions may be taken by telephone and by non-stenographic recording. The recording or transcript thereof may be used by any party to the same extent as a stenographic deposition, provided all other parties are supplied with a copy of the recording and the transcript to be used. The witness in a telephonic or non-stenographic deposition may be sworn by any notary. The transcript of such deposition shall be submitted to the witness for signature in accordance with Texas Government Code Annotated §2001.099.(d) Not withstanding any other provisions of these sections, the executive director may issue a commission to take a deposition prior to the filing of charges under §213.15 of this title (relating to Commencement of Disciplinary Proceedings) if, in the opinion of the executive director, such a commission is necessary for either party to preserve evidence and testimony or to investigate any potential violation or lack of compliance with the Act, the rules and regulations, or orders of the Board. The commission may be to compel the attendance of any person to appear for the purposes of giving sworn testimony and to compel the production of books, records, papers or other objects.(e) A deposition in a contested case shall be taken in the county where the witness:(1) resides;(2) is employed; or(3) regularly transacts business in person.", "sourceNote": "Source Note: The provisions of this §213.18 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95949", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.19", "label": "Subpoenas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203998", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon the written request of any party, the executive director may issue a subpoena to require the attendance of witnesses or the production of books, records, papers, or other objects as may be necessary and proper for the purposes of the proceedings.(b) If the subpoena is for the attendance of a witness, the written request shall contain the name, address, and title, if any, of the witness and the date upon which and the location at which the attendance of the witness is sought. If the subpoena is for the production of books, records, writings, or other tangible items, the written request shall contain a description of the item sought; the name, address, and title, if any, of the person or entity who has custody or control over the items and the date on which and the location at which the items are sought to be produced. Each request, whether for a witness or for production of items, shall contain a statement of the reasons why the subpoena should be issued.(c) Upon a finding that a party has shown good cause for the issuance of the subpoena, the executive director shall issue the subpoena in the form described in Texas Government Code §2001.089.(d) Notwithstanding any other provisions of these sections, the executive director may issue a subpoena prior to the filing of formal charges under §213.15 of this title (relating to Commencement of Disciplinary Proceedings), if, in the opinion of the executive director, such a subpoena is necessary to preserve evidence and testimony to investigate any potential violation or lack of compliance with the NPA, the rules and regulations, or orders of the Board. The subpoena may be to compel the attendance of any person to appear for the purposes of giving sworn testimony and/or to compel the production of books, records, papers, or other objects.", "sourceNote": "Source Note: The provisions of this §213.19 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203998&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203998", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.20", "label": "Informal Proceedings and Alternate Dispute Resolution (ADR)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95953", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board's policy is to encourage the resolution and early settlement of internal and external disputes, including contested cases, through voluntary settlement processes such as informal proceedings or alternative dispute resolution. Any matter within the Board's jurisdiction may be resolved informally by stipulation, agreed settlement, agreed order, dismissal, or default. These matters may also be resolved using any ADR procedure or combination of procedures described by Chapter 154, Civil Practice and Remedies Code.(b) In disciplinary matters, the Board shall offer the complainant and the licensee the opportunity to be heard. The offer may be made at any time prior to disposition and may be included on the Board's complaint form, on any notice required by statute or these rules, or otherwise.(c) Informal proceedings may be conducted in person, by attorney, or by electronic, telephonic, or written communication.(d) Informal proceedings shall be conducted pursuant to the following procedural standards:(1) Respondent shall have a right to be represented by an attorney of record. At any time, should respondent choose to obtain representation by an attorney and advises staff of such choice, the conference will be discontinued;(2) Respondent will be expected to answer questions concerning the allegations contained in notice of complaint or formal charges, but may decline to answer any questions posed during the conference;(3) Respondent and staff participation in the conference is voluntary and may be terminated by either party without prejudicing the right to proceed with a contested case. Respondent will be expected to cooperate fully with the Enforcement Staff to ensure that it has all pertinent information relating to the complaint or formal charges against respondent; and(4) Although, a verbatim transcript is not being kept of the informal conference, party admissions and outline notes may be used at a formal hearing if this matter is docketed as a formal complaint at the State Office of Administrative Hearings.(e) Informal conferences may be conducted at any time by the executive director or designee.(f) The Board's counsel or assistant attorney general shall participate in informal proceedings.(g) Disposition of matters considered informally may be made at any time in an agreed order containing such terms as the executive director may deem reasonable and necessary. Except as to matters delegated to the executive director for ratification, said agreed order shall not be final and effective until the Board, or an eligibility and disciplinary committee, votes to accept the proposed disposition.(h) Referral to peer assistance after report to the Board.(1) A nurse required to be reported under Texas Occupations Code Annotated §§301.401 - 301.409, may obtain informal disposition through referral to a peer assistance program as specified in Texas Occupations Code Annotated §301.410, as amended, if the nurse:(A) makes a written stipulation of the nurse's impairment by dependency on chemicals or by mental illness;(B) makes a written waiver of the nurse's right to administrative hearing and judicial review of:(i) all matters contained in the stipulation of impairment;(ii) any future modification or extension of the peer assistance contract;(iii) the future imposition of sanctions under Texas Occupations Code Annotated §301.453 in the event the executive director should determine the nurse has failed to comply with the requirements of the peer assistance program; and(C) makes a written contract with the Board of Nursing through its executive director promising to:(i) undergo and pay for such physical and mental evaluations as the peer assistance program determines to be reasonable and necessary to evaluate the nurse's impairment; to plan, implement and monitor the nurse's rehabilitation; and, to determine if, when and under what conditions the nurse can safely return to practice;(ii) sign a participation agreement with the peer assistance program;(iii) comply with each and every requirement of the peer assistance program in full and timely fashion for the duration of the contract and any extension(s) thereof; and(iv) waive confidentiality and privilege and authorize release of information about the nurse's impairment and rehabilitation to the peer assistance program and the executive director of the Board of Nursing.(2) Disposition of a complaint by referral to a peer assistance program is not a finding which requires imposition of a sanction under Texas Occupations Code Annotated §301.453.(3) In the event the nurse fails to comply with the nurse's contract with the Board of Nursing or the nurse's participation agreement with the peer assistance program, such non-compliance will be considered by the executive director at an informal proceeding after notice to the nurse of the non-compliance and opportunity to respond. At the informal proceeding, the executive director may consider facts relevant to the alleged non-compliance, modify or extend the contract or participation agreement, declare the contract satisfied or impose §301.453 sanctions on the nurse which will result in public discipline and reporting to the National Council of State Boards of Nursing's Disciplinary Data Bank.(i) ADR shall be conducted pursuant to the following procedural standards:(1) Any ADR procedure used to resolve disputes before the Board shall comply with the requirements of the NPA, chapter 2009 of the Government Code, and any model guidelines for the use of ADR issued by the State Office of Administrative Hearings, which may be found at: http://www.soah.state.tx.us.(2) The Board's general counsel or his designee shall be the Board's dispute resolution coordinator (DRC). The DRC shall perform the following functions, as required:(A) coordinate the implementation of the Board's ADR policy;(B) serve as a resource for any staff training or education needed to implement the ADR procedures; and(C) collect data to evaluate the effectiveness of ADR procedures implemented by the Board.(3) The Board, a committee of the Board, a respondent in a disciplinary matter pending before the Board, the executive director, or a Board employee engaged in a dispute with the executive director or another employee, may request that the contested matter be submitted to ADR. The request must be in writing, be addressed to the DRC, and state the issues to be determined. The person requesting ADR and the DRC will determine which method of ADR is most appropriate. If the person requesting ADR is the respondent in a disciplinary proceeding, the executive director shall determine if the Board will participate in ADR or proceed with the Board's normal disciplinary processes. The matter may be submitted to ADR only upon approval by all concerned parties.(4) Any costs associated with retaining an impartial third party mediator, moderator, facilitator, or arbitrator, shall be borne by the party requesting ADR.(5) Agreements of the parties to ADR must be in writing and are enforceable in the same manner as any other written contract. Confidentiality of records and communications related to the subject matter of an ADR proceeding shall be governed by §154.073 of the Civil Practice and Remedies Code.(6) If the ADR process does not result in an agreement, the matter shall be referred to the Board for other appropriate disposition.(j) If eligibility matters are not resolved informally, the petitioner may obtain a hearing before SOAH by submitting a written request to the staff.(k) If disciplinary matters are not resolved informally, formal charges may be filed in accordance with §213.15 of this title (relating to Commencement of Disciplinary Proceedings) and the case may be set for a hearing before SOAH in accordance with §213.22 of this title (relating to Formal Proceedings).(l) Pre-docketing conferences may be conducted by the executive director prior to SOAH acquiring jurisdiction over the contested case. The executive director, unilaterally or at the request of any party, may direct the parties, their attorneys or representatives to appear before the executive director at a specified time and place for a conference prior to the hearing for the purpose of:(1) simplifying the issues;(2) considering the making of admissions or stipulations of fact or law;(3) reviewing the procedure governing the hearing;(4) limiting the number of witnesses whose testimony will be repetitious; and(5) doing any act that may simplify the proceedings, and disposing of the matters in controversy, including settling all or part of the issues in dispute pursuant to §213.20 and §213.21 of this title (Informal Proceedings and Agreed Disposition).", "sourceNote": "Source Note: The provisions of this §213.20 adopted to be effective August 15, 2002, 27 TexReg 7170; amended to be effective October 10, 2007, 32 TexReg 7058; amended to be effective November 15, 2009, 34 TexReg 7812; amended to be effective February 16, 2021, 46 TexReg 1058." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95953", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.21", "label": "Agreed Disposition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95954", "queryAsDate": "03/11/2026" }, "ruleBody": "Informal proceedings, complaints and formal charges may be resolved by stipulation, agreed settlement, agreed order, or dismissal pursuant to Texas Occupations Code Annotated §301.463.", "sourceNote": "Source Note: The provisions of this §213.21 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95954", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.22", "label": "Formal Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187875", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Formal administrative hearings in contested cases shall be conducted in accordance with the APA and SOAH rules. Jurisdiction over the case is acquired by SOAH when the staff or respondent files a Request to Docket Case Form accompanied by legible copies of all pertinent documents, including but not limited to the complaint, petition, application, or other document describing the agency action giving rise to a contested case.(b) When a case has been docketed before SOAH, Board staff or respondent shall provide a notice of hearing to all parties in accordance with §2001.052, Texas Government Code, and applicable SOAH rules.(c) In disciplinary cases, the respondent shall enter an appearance by filing a written answer or other responsive pleading with SOAH, with a copy to staff, within 20 days of the date on which the notice of hearing is served to the respondent.(d) For purposes of this section, an entry of an appearance shall mean the filing of a written answer or other responsive pleading.(e) The failure of the respondent to timely enter an appearance as provided in this section shall entitle the staff to a continuance at the time of the hearing in the contested case for such reasonable period of time as determined by the judge.(f) The notice of hearing provided to a respondent for a contested case shall include the following language in capital letters in 12-point bold face type: FAILURE TO ENTER AN APPEARANCE BY FILING A WRITTEN ANSWER OR OTHER RESPONSIVE PLEADING TO THE FORMAL CHARGES WITHIN 20 DAYS OF THE DATE THIS NOTICE WAS MAILED, SHALL ENTITLE THE STAFF TO A CONTINUANCE AT THE TIME OF THE HEARING.(g) If a respondent fails to appear in person or by attorney on the day and at the time set for hearing in a contested case, regardless of whether an appearance has been entered, the judge, pursuant to SOAH's rules, shall, upon adequate proof that proper notice under the APA and SOAH rules was served upon the defaulting party, enter a default judgment in the matter adverse to the respondent. Such notice shall have included in 12-point, bold faced type, the fact that upon failure of the party to appear at the hearing, the factual allegations in the notice will be deemed admitted as true and the relief sought in the proposed recommendation by the staff shall be granted by default.(h) Any default judgment granted under this section will be entered on the basis of the factual allegations in the formal charges contained in the notice of hearing, and upon proof of proper notice to the respondent. For purposes of this section, proper notice means notice sufficient to meet the provisions of the Texas Government Code §§2001.051, 2001.052 and 2001.054, as well as §213.10 of this title (relating to Notice and Service). Such notice of hearing also shall include the following language in capital letters in 12-point boldface type: FAILURE TO APPEAR AT THE HEARING IN PERSON OR BY LEGAL REPRESENTATIVE, REGARDLESS OF WHETHER AN APPEARANCE HAS BEEN ENTERED, WILL RESULT IN THE ALLEGATIONS CONTAINED IN THE FORMAL CHARGES BEING ADMITTED AS TRUE AND THE PROPOSED RECOMMENDATION OF STAFF SHALL BE GRANTED BY DEFAULT.(i) A motion to vacate a default judgment rendered by the judge must be filed within 10 days of service of notice of the default judgment.(1) The motion to vacate the default judgment shall be granted if movant proves by the preponderance of the evidence that the failure to attend the hearing was not intentional or the result of conscious indifference, but due to accident or mistake, provided that respondent has a meritorious defense to the factual allegations contained in the formal charges and the granting thereof will occasion no delay or otherwise work an injury to the Board.(2) If the motion to vacate the default judgment is granted, it shall be the responsibility of the parties to either settle the matter informally or to request a rehearing on the merits. Whenever possible, the rehearing of the case shall occur with the judge that heard the default matter.(j) Because of the often voluminous nature of the records properly received into evidence by the judge, the party introducing such documentary evidence may paginate each such exhibit or flag pertinent pages in each such exhibit in order to expedite the hearing and the decision-making process.(k) The schedule of sanctions set out in the NPA is adopted by the Board, and the judge shall use such sanctions as well as any sanctions adopted by the Board by rule.(l) Within a reasonable time after the conclusion of the hearing, the judge shall prepare and serve on the parties a proposal for decision that includes the judge's findings of fact and conclusions of law and a proposed order recommending a sanction to be imposed, if any.(m) Each hearing may be recorded by a court reporter in accordance with the APA and SOAH rules. The cost of the transcription of the statement of facts shall be borne by the party requesting the transcript and said request shall be sent directly to the court reporter and the requesting party shall notify the other party in writing of the request.(n) A party who appeals a final decision of the Board shall pay all of the costs of preparation of the original and any certified copy of the record of the proceeding that is required to be transmitted to the reviewing court.(1) The record in a contested case shall consist of the following:(A) all pleadings, motions, intermediate rulings;(B) all evidence received or considered by the judge;(C) a statement of the matters officially noticed;(D) questions and offers of proof, objections, and rulings thereon;(E) proposed findings and exceptions;(F) any decision, opinion, or report by the judge presiding at the hearing;(G) all staff correspondence submitted to the judge in connection with his or her consideration of the case; and(H) the transcribed statement of facts (Q & A testimony) from the hearing unless the parties have stipulated to all or part of the statement of facts.(2) Calculation of costs for preparation of the record shall be governed by the same procedure utilized by the Board in preparing documents responsive to open records requests pursuant to the Public Information Act. These costs shall include, but not be limited to, the cost of research, document retrieval, copying, and labor.", "sourceNote": "Source Note: The provisions of this §213.22 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187875", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.23", "label": "Decision of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as to those matters expressly delegated to the executive director for ratification, either the Board or the Eligibility and Disciplinary Committee of the Board, may make final decisions in all matters relating to the granting or denial of a license or permit, discipline, temporary suspension, or administrative and civil penalties. This includes the consideration and resolution of a default dismissal from the State Office of Administrative Hearings pursuant to Texas Government Code §2001.058(d-1).(b) A proposal for decision may be acted on by the Board or the Eligibility and Disciplinary Committee, in accordance with this section, after the expiration of 10 days after the filing of replies to exceptions to the proposal for decision or upon the day following the day exceptions or replies to exceptions are due if no such exceptions or replies are filed.(c) Following the issuance of a proposal for decision or default dismissal, parties shall have an opportunity to file written exceptions and/or briefs with the Board. An opportunity shall be given to file a written response to written exceptions and/or briefs. An individual wishing to file written exceptions and/or a brief for the Board's consideration must do so no later than 15 calendar days prior to the date of the next regularly scheduled meeting where the Board or the Eligibility and Disciplinary Committee will deliberate on the proposal for decision or default dismissal. The Board will not consider any written exceptions and/or briefs submitted in violation of these requirements.(d) A proposal for decision will be considered by the Board in accordance with Texas Occupations Code §301.459 and Texas Government Code Chapter 2001. Further, the Board may obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge, as provided by Texas Government Code §2001.058(f)(5).(e) An order of the Board shall be in writing and may be signed by the executive director on behalf of the Board.(f) A copy of the order shall be mailed to all parties and to the party's last known employer as a nurse in accordance with Texas Occupations Code §301.469.(g) The decision of the Board is immediate, final, and appealable upon the signing of the written order by the executive director on behalf of the Board where:(1) the Board finds and states in the order that an imminent peril to the public health, safety, and welfare requires immediate effect of the order; and(2) the order states it is final and effective on the date rendered.(h) Motions for rehearing under this section are controlled by Texas Government Code Chapter 2001.", "sourceNote": "Source Note: The provisions of this §213.23 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective November 15, 2009, 34 TexReg 7818; amended to be effective August 19, 2012, 37 TexReg 6028; amended to be effective April 19, 2016, 41 TexReg 2750; amended to be effective February 25, 2018, 43 TexReg 1094." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95961", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.24", "label": "Rescission of Probation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "95962", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At least 20 days prior to a hearing to rescind probation, the probationer shall be served with written notice of the allegations supporting rescission of the probation.(b) The hearing shall be conducted in accordance with §213.22 of this title (relating to Formal Proceedings), and the decisions of the Board shall be rendered in accordance with §213.23 of this title (relating to Decision of the Board).(c) After giving the probationer notice and an opportunity to be heard, the Board may set aside the stay order and impose the stayed discipline (revocation/suspension) of the probationer's license.(d) If during the period of probation, an additional allegation, accusation, or petition is reported or filed against the probationer's license, the probationary period shall not expire and shall automatically be extended until the allegation, accusation, or petition has been acted upon by the Board.(e) The Board may determine as part of probation that the public may be better protected if probationer is suspended from the practice of nursing for a specific time period in order to correct deficiencies in skills, education, or personal rehabilitation and to assure documented proof of rehabilitation. Prior to the lifting of the actual suspension of license, the probationer will provide documentation of completion of educational courses or treatment rehabilitation.", "sourceNote": "Source Note: The provisions of this §213.24 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=95962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "95962", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.25", "label": "Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111322", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall identify and monitor licensees who present a risk to the public and who are subject to Board orders. The monitoring system shall track at least the name, license number, address, employer, and any other information necessary to demonstrate compliance or non-compliance with an order of the Board.(b) Monitored licensees will pay a monthly fee as stated in the Board order. Said fee shall be paid on or before the 5th of each month.", "sourceNote": "Source Note: The provisions of this §213.25 adopted to be effective August 15, 2002, 27 TexReg 7107." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111322", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.26", "label": "Reissuance of a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187647", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person whose license to practice nursing in this state has been revoked, suspended, or surrendered may apply for reinstatement of the license. In the case of revocation, petition shall not be made prior to one year after the effective date of the revocation. The Board may approve or deny a petition. In the case of denial, the Board may set a reasonable time that must elapse before another petition may be filed. The Board may impose reasonable conditions that a petitioner must satisfy before reinstatement of an unencumbered license.(b) A petition for reinstatement shall be in writing and in the form prescribed by the Board.(c) Petitioner's appearance at any hearing concerning reinstatement of a license shall be in person unless otherwise approved by the executive director.(d) The burden of proof is on the petitioner to prove present fitness to practice as well as compliance with all terms and conditions imposed as a part of any revocation, surrender, or suspension. A license may be reissued with a limited practice designation or with stipulations. If petition for reinstatement is denied, Petitioner may request a hearing before SOAH.(e) In considering reinstatement of a surrendered, suspended, or revoked license, the Board will evaluate:(1) the conduct which resulted in voluntary surrender, suspension, or revocation of the license;(2) the conduct of the petitioner subsequent to the suspension, revocation, or acceptance of surrender of license;(3) the lapse of time since suspension, revocation, or acceptance of surrender;(4) compliance with all conditions imposed by the Board as a prerequisite for issuance of the license; and(5) the petitioner's present qualification to practice nursing based on his or her history of nursing-related employment or education.", "sourceNote": "Source Note: The provisions of this §213.26 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187647", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.27", "label": "Good Professional Character" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210419", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Every individual who seeks to practice nursing in Texas must have good professional character related to the practice of nursing. This requirement includes all individuals seeking to obtain or retain a license or privilege to practice nursing in Texas.(b) The Board defines good professional character as the integrated pattern of personal, academic, and occupational behaviors that indicate an individual is able to consistently conform his/her conduct to the requirements of the Nursing Practice Act, the Board's rules, and generally accepted standards of nursing practice. An individual who provides satisfactory evidence that he/she has not committed a violation of the Nursing Practice Act or a rule adopted by the Board is considered to have good professional character related to the practice of nursing.(c) A determination that an individual does not have good professional character related to the practice of nursing must be based on a showing by the Board of a clear and rational connection between a violation of the Nursing Practice Act or a rule adopted by the Board and the individual's ability to effectively practice nursing. When evaluating the rationale connection between the relevant conduct and the ability to effectively practice nursing, the Board will consider the following factors:(1) whether the individual will be able to practice nursing in an autonomous role with patients/clients, their families, significant others, healthcare professionals, and members of the public who are or who may become physically, emotionally, or financially vulnerable;(2) whether the individual will be able to recognize and honor the interpersonal boundaries appropriate to any therapeutic relationship or health care setting;(3) whether the individual will be able to make appropriate judgments and decisions that could affect patients/clients and/or the public;(4) whether the individual has exhibited an inability to conform his/her behavior to the requirements of the Nursing Practice Act, Board rules and regulations, including §217.11 (relating to Standards of Nursing Practice) and §217.12 (relating to Unprofessional Conduct) of this title, and generally accepted standards of nursing practice; and(5) whether the individual will be able to promptly and fully self-disclose facts, circumstances, events, errors, and omissions, when such disclosure could enhance the health status of patients/clients or the public and/or could protect patients/clients or the public from an unnecessary risk of harm.(d) Actions from Other Jurisdictions A certified copy of the order of the denial, suspension, or revocation or other action relating to an individual's license or privilege to practice nursing in another jurisdiction or under federal law is conclusive evidence of that action.", "sourceNote": "Source Note: The provisions of this §213.27 adopted to be effective October 29, 2015, 40 TexReg 7403; amended to be effective February 25, 2018, 43 TexReg 863." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210419", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.28", "label": "Licensure of Individuals with Criminal History" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174144", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and Applicability. This section establishes the criteria utilized by the Board in determining the effect of criminal history on nursing licensure and eligibility for nursing licensure and implements the requirements of Texas Occupations Code §53.025 and Code of Criminal Procedure Article 42A.111. This section applies to all individuals seeking to obtain or retain a license or multistate licensure privilege to practice nursing in Texas.(b) An individual is subject to denial of licensure or to disciplinary action for a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony that is directly related to the practice of nursing or for a misdemeanor involving moral turpitude that is directly related to the practice of nursing (collectively referred to as crimes hereafter). This section applies to crimes that have been adjudicated through agreement or judicial order by a state or federal criminal justice system, without re-litigation of the underlying factual basis for the agreement or judicial order.(c) The Board considers the crimes listed in the attached Criminal Guidelines (Guidelines) to be directly related to the practice of nursing. The Guidelines reflect the most common or well known crimes. The vast majority of an individual's criminal history that is reviewed by the Board will fall within the Guidelines. However, the Guidelines are note intended to an exhaustive listing, and they do not prohibit the Board from considering an offense not specifically listed in the Guidelines. In matters involving an offense that is not specifically listed in the Guidelines, such as a violation of another state's law, federal law, or the Uniform Code of Military Justice, a determination shall be made by comparing that offense to the crime listed in the Guidelines that contains substantially similar elements. The offense must meet the requirements of subsection (b) of this section to be actionable. Further, because the practice of nursing may involve direct contact with children in the normal course of official nursing duties, the Board may consider an individual's prior deferred adjudication community supervision, even if successfully completed, in its licensure decisions.Attached Graphic(d) The Board has determined that the crimes listed in the Guidelines in subsection (c) of this section are directly related to the practice of nursing for the following reasons.(1) Nursing is a unique profession. Nurses practice autonomously in a wide variety of settings and provide care to individuals who are, by virtue of their illness or injury, physically, emotionally, and financially vulnerable. These individuals include the elderly; children; individuals with mental disorders; sedated and anesthetized patients; individuals with mental or cognitive disorders; and disabled and immobilized individuals. Nurses that engage in criminal conduct potentially place patients, healthcare employers, and the public at future risk of harm.(2) Crimes involving fraud or theft. Nurses often have unfettered access to individuals' privileged information, financial information, and valuables, including medications, money, jewelry, credit cards/checkbook, and sentimental items. Nurses also provide around the clock care, working night and weekend shifts at hospitals, long term care facilities, nursing homes, assisted living facilities, and in home health and home-like settings, where there is often no direct supervision of the nurse. Patients in these settings are particularly vulnerable to the unethical, deceitful, and illegal conduct of a nurse. When a nurse has engaged in criminal behavior involving fraud or theft in the past, the Board is mindful that similar misconduct may be repeated in these nursing settings, thereby placing patients, healthcare employers, and the public at risk. (3) Crimes involving sexual misconduct. Nurses also frequently provide care to partially clothed or fully undressed individuals, who are particularly vulnerable to exploitation. Due to the intimate nature of nursing care, professional boundaries in the nurse-patient relationship are extremely important. When a nurse has engaged in criminal behavior involving any type of sexual misconduct in the past, the Board is mindful that similar misconduct may be repeated in nursing settings. Such conduct may involve touching intimate body parts when the touch is not necessary for care, voyeurism, exposure of body parts when not necessary, and surreptitious touching. As such, the Board considers crimes involving any type of sexual misconduct to be highly relevant to an individual's ability to provide safe nursing care.(4) Crimes involving lying, falsification, and deception. Nurses are expected to accurately and honestly report and record information in a variety of sources, such as medical records, pharmacy records, billing records, nursing notes, and plans of care, as well as report errors in their own nursing practice. When a nurse has engaged in criminal behavior involving lying, falsification, or deceptive conduct, the Board is mindful that similar misconduct may be repeated in nursing settings, thereby placing patients, healthcare employers, and the public at risk.(5) Crimes involving drugs and alcohol. Nurses have a duty to their patients to provide safe, effective nursing care and to be fit to practice. Nurses who have a substance use disorder may exhibit impairment in both cognitive and motor functioning. A nurse affected by a substance use disorder may be unable to accurately assess patients, make appropriate judgments, or intervene in a timely and appropriate manner. This danger may be heightened when the nurse works in an autonomous setting where other healthcare providers are not present to provide interventions for the patient. As such, the Board considers crimes related to the use or possession of drugs or alcohol to be highly relevant to a nurse's fitness to practice.(6) Crimes involving violence or threatening behavior. Nurses provide care to the most vulnerable of populations, including individuals who often have no voice of their own and cannot advocate for themselves. Further, patients are dependent on the nurse-patient relationship for their daily care. When a nurse has engaged in violent or threatening criminal behavior in the past, the Board is mindful that patients may be at risk for similar behavior in a healthcare setting. As such, the Board considers crimes involving violence and threatening behavior to be highly relevant to a nurse's fitness to practice.(e) The Board has considered the nature and seriousness of each of the crimes listed in the Guidelines in subsection (c) of this section, the relationship of the crime to the purposes for requiring a license to engage in nursing; the extent to which a license to practice nursing might offer an opportunity to engage in further criminal activity of the same type as that in which the individual previously was involved; and the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities associated with the practice of nursing. The Board has determined that each crime listed in the Guidelines in subsection (c) of this section raises concerns about the propensity of the individual to repeat similar misconduct in the workplace, if provided the opportunity. The Board has also determined that similar misconduct in the workplace would place vulnerable individuals at risk of exploitation or victimization. As a result, if an individual has committed a crime listed in the Guidelines in subsection (c) of this section, the Board will evaluate that conduct to determine if disciplinary action is warranted.(f) Additionally, a crime will be considered to be directly related to the practice of nursing if the act:(1) arose out of the practice of vocational, professional, or advanced practice nursing, as those terms are defined by the Nursing Practice Act (NPA);(2) involves a current or former patient;(3) arose out of the practice location of the nurse;(4) involves a healthcare professional with whom the nurse has had a professional relationship; or(5) constitutes a criminal violation of the NPA or another statute regulating another profession in the healing arts that also applies to the individual.(g) Sanction. Not all criminal conduct will result in a sanction. The Board recognizes that an individual may make a mistake, learn from it, and not repeat it in the nursing practice setting. As such, each case will be evaluated on its own merits to determine if a sanction is warranted. If multiple crimes are present in a single case, a more severe sanction may be considered by the Board pursuant to Texas Occupations Code §301.4531. If a sanction is warranted, the Board will utilize the schedule of sanctions set forth in §213.33(e) (relating to Factors Considered for Imposition of Penalties/Sanctions) of this chapter. At a minimum, an individual will be required to successfully complete the terms of his/her criminal probation and provide evidence of successful completion to the Board. If an individual's criminal behavior is due to, or associated with, a substance use disorder or a mental health condition, evidence of ongoing sobriety, effective clinical management, and/or appropriate ongoing treatment may be required. Further, if an individual's criminal history implicates his/her current fitness to practice, the individual may also be required to meet the requirements of §213.29 to ensure he/she is safe to practice nursing.(h) Factors. The following factors will be considered when determining the appropriate sanction, if any, in eligibility and disciplinary matters involving criminal conduct:(1) the nature, seriousness, and extent of the individual's past criminal activity;(2) the age of the individual when the crime was committed; (3) the amount of time that has elapsed since the individual's last criminal activity;(4) the conduct and work activity of the individual before and after the criminal activity;(5) evidence of the individual's rehabilitation or rehabilitative effort while incarcerated or after release;(6) other evidence of the individual's fitness, including letters of recommendation from prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the individual; the sheriff or chief of police in the community where the individual resides; and any other individual in contact with the convicted individual;(7) a record of steady employment;(8) support of the individual's dependents;(9) a record of good conduct;(10) successful completion of probation/community supervision or early release from probation/community supervision;(11) payment of all outstanding court costs, supervision fees, fines, and restitution ordered;(12) the actual damages, physical or otherwise, resulting from the criminal activity;(13) the results of an evaluation performed pursuant to Texas Occupations Code §301.4521 and §213.33(k) and (l) of this chapter;(14) evidence of remorse and having learned from past mistakes;(15) evidence of current support structures that will prevent future criminal activity;(16) evidence of current ability to practice nursing in accordance with the NPA, Board rules, generally accepted standards of nursing; and other laws that affect nursing practice; and(17) any other matter that justice requires.(i) Evaluations. Pursuant to Texas Occupations Code §301.4521 and §213.33(k) and (l) of this chapter, the Board may request or require an individual to undergo an evaluation with a Board-approved evaluator to better determine whether the individual is safe to practice nursing and is able to comply with the NPA, Board rules, and generally accepted standards of nursing. If an individual's criminal behavior is due to, or associated with, a substance use disorder or a mental health condition, evidence of ongoing sobriety, effective clinical management, and/or appropriate ongoing treatment may also be required.(j) Youthful Indiscretions. Some criminal behavior that is otherwise actionable may be deemed a youthful indiscretion under this paragraph. In that event, a sanction will not be imposed. The following criteria will be considered in making such a determination: (1) the offense was not classified as a felony;(2) absence of criminal plan or premeditation;(3) presence of peer pressure or other contributing influences;(4) absence of adult supervision or guidance;(5) evidence of immature thought process/judgment at the time of the activity;(6) evidence of remorse;(7) evidence of restitution to both victim and community;(8) evidence of current maturity and personal accountability; (9) absence of subsequent criminal conduct;(10) evidence of having learned from past mistakes;(11) evidence of current support structures that will prevent future criminal activity; and(12) evidence of current ability to practice nursing in accordance with the NPA, Board rules, generally accepted standards of nursing, and other laws that affect nursing practice.(k) Bars to Licensure.(1) Texas Occupations Code §301.4535. The Board is required under Texas Occupations Code §301.4535(b) to deny an individual initial licensure or licensure renewal and to revoke an individual's nursing license or privilege to practice nursing in Texas upon a final conviction or a plea of guilty or nolo contendere for a criminal offense specified in §301.4535(a). Further, an individual is not eligible for initial licensure or licensure endorsement in Texas or for licensure reinstatement before the fifth anniversary of the date the individual successfully completed and was dismissed from community supervision or parole for an offense specified in §301.4535(a). (2) Imprisonment. Pursuant to Texas Occupations Code §53.021(b), an individual's license or multistate licensure privilege to practice nursing in Texas will be revoked by operation of law upon the individual's imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision. (3) Texas Occupations Code Chapter 108 (A) Pursuant to Chapter 108, Subchapter B, the Board is required to deny or revoke, as applicable, the license of an individual who:(i) is required to register as a sex offender under the Code of Criminal Procedure Chapter 62;(ii) has been previously convicted of or placed on deferred adjudication community supervision for the commission of a felony offense involving the use or threat of force; or(iii) has been previously convicted of or placed on deferred adjudication community supervision for the commission of an offense:(I) under the Texas Penal Code §§22.011, 22.02, 22.021, or 22.04 or an offense under the laws of another state or federal law that is equivalent to an offense under one of these sections;(II) committed when the individual held a license as a health care professional in this state or another state and in the course of providing services within the scope of the individual's license; and(III) in which the victim of the offense was a patient of the individual. (B) An individual's eligibility for reapplication or reinstatement of licensure is governed by the Texas Occupations Code Chapter 108, Subchapter B.(l) Arrests. The fact that an individual has been arrested will not be used as grounds for sanction. If, however, evidence ascertained through the Board's own investigation from information contained in the arrest record regarding the underlying conduct suggests actions violating the NPA or Board rules, the Board may consider such evidence.(m) The Executive Director is authorized to close an eligibility file when the individual seeking licensure has failed to respond to a request for information, a proposed eligibility order, or denial of licensure within 60 days of the request for information, proposed eligibility order, or denial.(n) Pursuant to the Nurse Licensure Compact, Texas Occupations Code §304.0015, Article III, (c)(7), an individual will not be eligible to hold a multistate licensure privilege if the individual has been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law. Further, pursuant to the Nurse Licensure Compact, Texas Occupations Code §304.0015, Article III, (c)(8), an individual will not be eligible to hold a multistate licensure privilege if the individual has been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing, as determined on a case-by-case basis by the Board.", "sourceNote": "Source Note: The provisions of this §213.28 adopted to be effective February 25, 2018, 43 TexReg 867; amended to be effective November 24, 2021, 46 TexReg 7876; amended to be effective October 18, 2022, 47 TexReg 6882." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174144", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.29", "label": "Fitness to Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174145", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each individual who seeks to practice nursing in Texas must possess current fitness to practice. This requirement includes all individuals seeking to obtain or retain a license or privilege to practice nursing in Texas and applies in all eligibility and disciplinary matters. Each individual has a duty to self-evaluate to ensure that he/she is fit to practice before providing nursing care. (b) An individual's fitness to practice will be determined by evaluating the individual's ability to consistently comply with the requirements of the Nursing Practice Act, the Board's rules and regulations, and generally accepted standards of nursing practice. An individual's fitness to practice may be subject to Board review due to an individual's substance use disorder; possession, abuse, or misuse of alcohol or drugs, prescribed or otherwise; or physical or mental health condition. This is not an exhaustive list. If an individual exhibits any conduct that may prevent him/her from practicing nursing with reasonable skill and safety, the Board will review the individual's conduct to determine if he/she possesses current fitness to practice. (c) Evaluations. If an individual exhibits conduct that raises questions about his/her fitness to practice, the Board may require the individual to undergo a physical and/or psychological evaluation that meets the criteria of the Occupations Code §301.4521 and §213.33 of this chapter (relating to Factors Considered for Imposition of Penal-ties/Sanctions). Pursuant to §301.4521, an individual subject to this rule is responsible for paying the costs of the evaluation. Utilizing the results of the evaluation and the individualized facts of the case, the Board may deny licensure (including renewal, reinstatement/reactivation, or the return to direct patient care from a limited license); suspend or revoke the individual's license or privilege to practice nursing in this state; or impose probationary conditions or restrictions on the individual's ability to practice nursing in this state. (d) Substance Use Disorders and Abuse/Misuse of Alcohol or Drugs. (1) Individuals who have been diagnosed, treated, or hospitalized for a substance use disorder that may impair their ability to practice nursing safely, will, at a minimum, be required to demonstrate sobriety and abstinence from drugs and alcohol for a minimum of twelve consecutive months, through verifiable and reliable evidence, in order to obtain or retain licensure. Verifiable and reliable evidence of sobriety and abstinence from drugs and alcohol may include evidence of the completion of inpatient, outpatient, or aftercare treatment, random drug screens, individual or group therapy, and/or support group attendance. Depending upon the individualized facts of each case, an individual may be required to establish this period of sobriety and abstinence prior to being permitted to practice nursing in this state. If appropriate, based upon the individualized facts of the case, an individual may also be eligible to obtain or retain licensure and practice nursing under an en-cumbered license with conditions/restrictions determined by the Board or through participation in a Board-approved peer assistance program created pursuant to the Texas Health and Safety Code Chapter 467 or other lawfully authorized peer assistance program. Licensure conditions/restrictions may include the completion of inpatient, outpatient, or aftercare treatment, random drug screens, individual or group therapy, and/or support group attendance. The outcome of any particular case will be based upon an evaluation of the individualized factors of the case and the potential risk of harm the individual's practice may pose to patients/clients and/or the public. (2) Individuals who have not been diagnosed, treated, or hospitalized for a substance use disorder, but have nonetheless exhibited behaviors raising concerns about the individual's ability to practice nursing with reasonable skill and safety due to the possession, misuse, or abuse of alcohol or drugs, prescribed or otherwise, including related criminal conduct, may be required to demonstrate sobriety and abstinence from drugs and alcohol for a minimum of twelve consecutive months, through verifiable and reliable evidence, in order to obtain or retain licensure. Verifiable and reliable evidence of sobriety and abstinence from drugs and alcohol may include evidence of the completion of inpatient, outpatient, or aftercare treatment, random drug screens, individual or group therapy, and/or support group attendance. If appropriate, and depending upon the individualized facts of each case, an individual may be eligible to obtain or retain licensure and practice nursing under an encumbered license with conditions/restrictions determined by the Board, which may include the completion of inpatient, outpatient, or aftercare treatment, random drug screens, individual or group therapy, and/or support group attendance. The outcome of any particular case will be based upon an evaluation of the individualized factors of the case and the potential risk of harm the individual's practice may pose to patients/clients and/or the public. (3) An individual's prior substance use disorder diagnosis or history of prior criminal conduct involving drugs or alcohol, prescribed or otherwise; or misuse or abuse of alcohol or drugs, prescribed or otherwise; will be considered by the Board only to the extent that it may be indicative of the individual's current lack of fitness to practice nursing. (e) Mental Health Conditions and Diminished Capacity. (1) Individuals who have been diagnosed, treated, or hospitalized for a mental health condition that may impair their ability to practice nursing safely, will, at a minimum, be required to demonstrate controlled behavior and consistent compliance with recommended treatment, including compliance with a prescribed medication regime, for a reasonable amount of time, through verifiable and reliable evidence, in order to obtain or retain licensure. Depending upon the individualized facts of each case, an individual may be required to establish controlled behavior and compliance with recommended treatment, including compliance with a prescribed medication regime, prior to being permitted to practice nursing in this state. If appropriate, and depending upon the individualized facts of the case, an individual may also be eligible to obtain or retain licensure and practice nursing under an encumbered license with conditions/restrictions determined by the Board or through participation in a Board-approved peer assistance program created pursuant to the Texas Health and Safety Code Chapter 467. The outcome of any particular case will be based upon an evaluation of the individualized factors of the case and the potential risk of harm the individual's practice may pose to patients/clients and/or the public. (2) Individuals who have not been diagnosed, treated, or hospitalized for a mental health condition, but have nonetheless exhibited behaviors raising concerns about the individual's fitness to practice due to a mental health condition or diminished capacity may be required to demonstrate controlled behavior and compliance with recommended treatment, including compliance with a prescribed medication regime, for a reasonable amount of time, through verifiable and reliable evidence, in order to obtain or retain licensure. If appropriate, and depending upon the individualized facts of each case, an individual may also be eligible to obtain or retain licensure and practice nursing under an encumbered license with conditions/restrictions determined by the Board. The outcome of any particular case will be based upon an evaluation of the individualized factors of the case and the potential risk of harm the individual's practice may pose to patients/clients and/or the public. (3) An individual's prior mental health diagnosis or behavioral history will be considered by the Board only to the extent that it may be indicative of the individual's current lack of fitness to practice nursing. (f) Other Medical Conditions. (1) The Board recognizes that individuals may have a variety of medical conditions that require medical treatment and/or a medication regime that includes prescription drugs. Although authorized by law and medically necessary, prescription drugs may affect an individual's fitness to practice. An individual must be able to function safely while under the effects of prescription drugs. An individual who abuses his/her prescription drugs or who has been unable to stabilize the synergistic effect of his/her medications may not possess current fitness to practice. Further, some prescription medications may cause side effects that affect an individual's fitness to practice, even when taken properly. In some cases, an individual's physical condition may prevent the individual from practicing nursing safely. In addition to an individual's medication regime, the Board will review an individual's behavior, diagnosis/condition, and treatment plan to determine if he/she possesses current fitness to practice. Based upon the individualized facts of the case, including the results of a required evaluation, if any, the Board may deny licensure (including renewal, reinstatement/reactivation, or the return to direct patient care from a limited license); suspend or revoke the individual's license or privilege to practice nursing in this state; or impose probationary conditions or restrictions on the individual's ability to practice nursing in this state, including limiting the practice setting to one in which the individual is safe to practice nursing. (2) An individual's prior medical condition and/or diagnosis will be considered by the Board only to the extent that it may be indicative of the individual's current lack of fitness to practice nursing. (g) Authority of Executive Director. In eligibility and disciplinary matters involving an individual's fitness to practice, the Executive Director may: (1) review information submitted by the individual and materials and information gathered or prepared by Board Staff; including evidence of the individual's safe practice, compliance with the Nursing Practice Act, Board rules and regulations, and generally accepted standards of nursing practice; verification of compliance with treatment; and evidence of sobriety; (2) identify any deficiencies in the information necessary for a determination regarding the individual's current fitness to practice; (3) close any eligibility file in which the individual seeking licensure has failed to respond to a request for information from the Board or to a proposal for denial of licensure within 60 days of the request or proposed denial, as applicable; (4) approve an individual's eligibility for licensure, enter eligibility orders as authorized in §211.7 (relating to Executive Director) of this title, and approve renewals, without Board ratification, when the evidence is clearly insufficient to support denial of licensure; and (5) propose eligibility and disciplinary orders in eligibility, disciplinary, and renewal matters consistent with the Board's rules and regulations and the interests of public safety and enter disciplinary orders as authorized in §211.7 of this title. (h) The following eligibility and disciplinary sanction policies, as applicable, shall be used by the Executive Director, SOAH, and the Board in evaluating the impact of criminal conduct on nurse licensure in eligibility and disciplinary matters: (1) Sanctions for Behavior Involving Fraud, Theft, and Deception, approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html; (2) Sanctions for Behavior Involving Lying and Falsification, approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html; (3) Sanctions for Sexual Misconduct approved by the Board and published on February 22, 2008, in the Texas Register (33 TexReg 1649) and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html; and (4) Sanctions for Substance Use Disorders and Other Alcohol and Drug Related Conduct, approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html.", "sourceNote": "Source Note: The provisions of this §213.29 adopted to be effective October 29, 2015, 40 TexReg 7416." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174145", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.30", "label": "Declaratory Order of Eligibility for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111330", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section only, \"petitioner\" means an individual who:(1) is enrolled or planning to enroll in an educational nursing program that prepares individuals for initial licensure as a registered or vocational nurse;(2) seeks licensure by endorsement pursuant to §217.5 of this title (relating to Temporary License and Endorsement); or (3) seeks licensure by examination pursuant to §217.2 (relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions) or §217.4 (relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate From Nursing Education Programs Outside of United States' Jurisdiction) of this title.(b) An individual who has reason to believe that he or she may be ineligible for initial licensure or licensure by endorsement due to issues discussed in this rule may petition the Board for a declaratory order as to his or her eligibility.(c) A petitioner must submit a petition, on forms provided by the Board, and the following information:(1) a statement by the petitioner indicating the reason(s) and basis of his/her potential ineligibility;(2) if the potential ineligibility is due to the petitioner's criminal history, all court documents, including, but not limited to: indictments, agreements for pre-trial diversion or deferred prosecution, orders of deferred adjudication, judgments, probation records, and evidence of completion of probation, as applicable; (3) if the potential ineligibility is due to the petitioner's mental health condition or diminished capacity, verifiable and reliable evidence of controlled behavior and consistent compliance with recommended treatment, including compliance with a prescribed medication regime, for a reasonable amount of time, as applicable; (4) if the potential ineligibility is due to the petitioner's substance use disorder and/or the abuse/misuse of alcohol or drugs, verifiable and reliable evidence of sobriety and abstinence from drugs and alcohol, which may include evidence of the completion of inpatient, outpatient, or aftercare treatment, random drug screens, individual or group therapy, and/or support group attendance;(5) the required fee, which is not refundable; and(6) an evaluation that meets the criteria of the Occupations Code §301.4521 and §213.33 of this chapter (relating to Factors Considered for Imposition of Penalties/Sanctions), as applicable. (d) Once the Board has received all necessary information, including the information required by subsection (c) of this section, an investigation of the petition and the petitioner's eligibility shall be conducted. The investigation will be based upon an evaluation of the individualized factors of the case, the potential risk of harm the individual's practice may pose to patients/clients and/or the public, and the petitioner's ability to meet the requirements of §213.27 (relating to Good Professional Character), §213.28 (relating to Licensure of Individuals with Criminal History), and §213.29 (relating to Fitness to Practice) of this chapter, as applicable. Based upon the individualized facts of the case, the Board may approve licensure without encumbrance, impose probationary conditions or restrictions on the individual's ability to practice nursing in this state, or deny licensure.(e) The petitioner or the Board may amend the petition to include additional grounds for potential ineligibility at any time before a final determination is made.(f) If an individual is seeking licensure by endorsement pursuant to §217.5 of this title and has been licensed to practice nursing in any jurisdiction and has been disciplined in that jurisdiction or allowed to surrender in lieu of discipline in that jurisdiction, the provisions of §213.27(e) of this chapter will apply to the eligibility of the petitioner.(g) If a petitioner's potential ineligibility is due to his/her criminal history, the provisions of §213.28 of this chapter will apply to the eligibility of the petitioner.(h) If a petitioner's potential ineligibility is due to a substance use disorder and/or the abuse/misuse of alcohol or drugs, a mental health condition or diminished capacity, or another issue relating to the individual's fitness to practice, the provisions of §213.29 of this chapter will apply to the eligibility of the petitioner.(i) If the Executive Director proposes to find the petitioner ineligible for licensure, the petitioner may obtain a hearing be-fore the State Office of Administrative Hearings (SOAH). The Executive Director shall have discretion to set a hearing and give notice of the hearing to the petitioner. The hearing shall be conducted in accordance with §213.22 of this chapter (relating to Formal Proceedings) and the rules of SOAH. When in conflict, SOAH's rules of procedure will prevail. The decision of the Board shall be rendered in accordance with §213.23 of this chapter (relating to Decision of the Board).(j) A final Board order is issued after an appeal results in a Proposal for Decision from SOAH. The Board's final order must set out each basis for potential ineligibility and the Board's determination as to eligibility. In the absence of new evidence not disclosed by the petitioner or not reasonably available to the Board at the time the order is issued, the Board's ruling determines the petitioner's eligibility with respect to the grounds for potential ineligibility as set out in the order. An individual whose petition is denied by final order of the Board may not file another petition or seek licensure by endorsement or examination until after the expiration of three years from the date of the Board's order denying the petition. If the petitioner does not appeal or request a formal hearing at SOAH after a letter proposal to deny eligibility made by the Eligibility and Disciplinary Committee of the Board or the Executive Director, the petitioner may re-petition or seek licensure by endorsement or examination after the expiration of one year from the date of the proposal to deny eligibility, in accordance with this section and the Occupations Code §301.257.(k) The following eligibility and disciplinary sanction policies, as applicable, shall be used by the Executive Director, SOAH, and the Board in evaluating an eligibility matter under this section:(1) Sanctions for Behavior Involving Fraud, Theft, and Deception, approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html; (2) Sanctions for Behavior Involving Lying and Falsification, approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html; (3) Sanctions for Sexual Misconduct approved by the Board and published on February 22, 2008, in the Texas Register (33 TexReg 1649) and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html; and(4) Sanctions for Substance Use Disorders and Other Alcohol and Drug Related Conduct, approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html. (l) If an individual seeking licensure by endorsement under §217.5 of this title or licensure by examination under §217.2 or §217.4 of this title should have had an eligibility issue addressed pursuant to the Occupations Code §301.257, the filed application will be treated and processed as a petition for declaratory order under this section, and the individual will be treated as a petitioner under this section and will be required to pay the non-refundable fee required by this section and §223.1 of this title (relating to Fees).(m) This section implements the requirements of the Occupations Code Chapter 53 Subchapter D and the Occupations Code §301.257.", "sourceNote": "Source Note: The provisions of this §213.30 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective February 19, 2006, 31 TexReg 847; amended to be effective October 10, 2007, 32 TexReg 7058; amended to be effective July 2, 2008, 33 TexReg 5007; amended to be effective November 15, 2009, 34 TexReg 7812; amended to be effective July 12, 2010, 35 TexReg 6074; amended to be effective July 10, 2013, 38 TexReg 4342; amended to be effective October 29, 2015, 40 TexReg 7422." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111330", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.31", "label": "Cross-reference of Rights and Options Available to Licensees and Petitioners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177258", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees subject to disciplinary action and petitioners seeking a determination of licensure eligibility have certain rights and options available to them in connection with these mechanisms. For example, licensees or petitioners have the right to request information in the Board's possession, including information favorable to licensee or petitioner, and the option to be represented by an attorney at their own expense. The following is a list of references to provisions of the Nursing Practice Act (Texas Occupations Code Annotated Chapter 301) and the Board's rules addressing these rights and options and related matters. Persons with matters before the Board should familiarize themselves with these provisions:(1) Section 301.257--Declaratory Order of License Eligibility;(2) Section 301.203--Records of Complaints;(3) Section 301. 204--General Rules Regarding Complaint Investigation and Disposition;(4) Section 301.464--Informal Proceedings;(5) Section 301.552--Monitoring of License Holder;(6) Section 301.452--Grounds for Disciplinary Action;(7) Section 301.453--Disciplinary Authority of Board; Methods of Discipline;(8) Section 301.457--Complaint and Investigation;(9) Section 301.159--Board Duties Regarding Complaints;(10) Section 301.463--Agreed Disposition;(11) Section 301.462--Voluntary Surrender of License;(12) Section 301.454--Notice and Hearing;(13) Section 301.458--Initiation of Formal Charges; Discovery;(14) Section 301.459--Formal Hearing;(15) Section 301.460--Access to Information;(16) Section 301.352--Protection for Refusal to Engage in Certain Conduct;(17) Section 301.455--Temporary License Suspension;(18) Section 217.11--Standards of Nursing Practice;(19) Section 217.12--Unprofessional Conduct; and(20) Sections 213.1 - 213.33--Practice and Procedure.", "sourceNote": "Source Note: The provisions of this §213.31 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177258", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.32", "label": "Corrective Action Proceedings and Schedule of Administrative Fines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222386", "queryAsDate": "03/11/2026" }, "ruleBody": "A corrective action may be imposed by the Board as specified in the following circumstances.(1) For purposes of this section only, corrective action has the meaning assigned by the Occupations Code §301.651. A corrective action imposed under this section is not a disciplinary action under the Occupations Code Chapter 301, Subchapter J.(2) Pursuant to the Occupations Code §301.652, the Board may impose a corrective action for the first occurrence of each of the following violations:(A) practice on a delinquent license for more than six months but less than one year;(B) failure to comply with continuing competency requirements;(C) failure to assure licensure/credentials of personnel for whom the nurse is administratively responsible;(D) failure to provide employers, potential employers, or the Board with complete and accurate answers to either oral or written questions on subject matters including, but not limited to: employment history, licensure history, and criminal history;(E) failure to comply with Board requirements for change of name/address;(F) failure to develop, maintain, and implement a peer review plan according to statutory peer review requirements;(G) failure of an advanced practice registered nurse to register for prescriptive authority in an additional role and population focus area, where the advanced practice registered nurse otherwise meets all requirements for prescriptive authority as specified in Chapter 222 of this title (relating to Advanced Practice Registered Nurses With Prescriptive Authority); and(H) other violations of the Nursing Practice Act and/or Board rules that are appropriate for resolution at the sanction level of Remedial Education, Remedial Education with a Fine, or a Fine, in accordance with the Board's Disciplinary Matrix.(3) An individual will not be eligible for a corrective action if the individual has committed more than one of the violations listed in paragraph (2) of this section. If a fine is imposed by the Board as part of a corrective action under paragraph (2) of this section, the amount of the fine shall be $500.(4) The opportunity to enter into an agreed corrective action order is at the sole discretion of the Executive Director as a condition of settlement by agreement and is not available as a result of a contested case proceeding conducted pursuant to the Government Code Chapter 2001. An agreed corrective action will not be available to an individual who is practicing nursing in Texas on a nurse licensure compact privilege.(5) A fine, with or without remedial education stipulations, may be imposed in a disciplinary matter for the following violations in the following amounts:(A) practice on a delinquent license for more than six months but less than two years:(i) first occurrence: $250;(ii) subsequent occurrence: $500;(B) practice on a delinquent license for two to four years:(i) first occurrence: $500;(ii) subsequent occurrence: $1,000;(C) practice on a delinquent license more than four years: $1,000 plus $250 for each year over four years;(D) failure to comply with continuing competency requirements:(i) first occurrence: $250;(ii) subsequent occurrence: $500;(E) failure to comply with mandatory reporting requirements:(i) first occurrence: $250 - $500;(ii) subsequent occurrence: $500 - $1,000;(F) failure to assure licensure/credentials of personnel for whom the nurse is administratively responsible:(i) first occurrence: $250 - $500;(ii) subsequent occurrence: $500 - $1,000;(G) failure to provide employers, potential employers, or the Board with complete and accurate answers to either oral or written questions on subject matters including but not limited to: employment history, licensure history, criminal history:(i) first occurrence: $250 - $800;(ii) second occurrence: $500 - $1,000;(H) failure to report unauthorized practice:(i) first occurrence: $250 - $500;(ii) subsequent occurrence: $500 - $1,000;(I) failure to comply with Board requirements for change of name/address:(i) first occurrence: $250;(ii) subsequent occurrence: $300;(J) failure to develop, maintain and implement a peer review plan according to statutory peer review requirements:(i) first occurrence: $250 - $1,000;(ii) subsequent occurrence: $500 - $1,000;(K) failure to file, or cause to be filed, complete, accurate and timely reports required by Board order: $250 for first occurrence;(L) failure to make complete and timely compliance with the terms of any stipulation contained in a Board order: $250 for first occurrence;(M) failure to report patient abuse to the appropriate authority of the State of Texas, including but not limited to, providing inaccurate or incomplete information when requested from said authorities:(i) first occurrence: $500;(ii) second occurrence: $1,000 - $5,000; and(N) other non-compliance with the NPA, Board rules or orders which does not involve fraud, deceit, dishonesty, intentional disregard of the NPA, Board rules, Board orders, harm or substantial risk of harm to patients, clients or the public:(i) first occurrence: $250 - $500;(ii) subsequent occurrence: $500 - $1,000.(6) The following violations may be appropriate for disposition by fine in conjunction with one or more of the penalties/sanctions contained elsewhere in the Board's rules:(A) violations other than those listed in paragraphs (2) and (5) of this section:(i) first occurrence: $250 - $1,000;(ii) subsequent occurrence: $500 - $1,000; and(B) a cluster of violations listed in paragraphs (2) and (5) of this section: $250 - $5,000.(7) The executive director is authorized to dispose of violations listed in paragraphs (2) and (5) of this section without ratification by the Board. The executive director shall report such cases to the Board at its regular meetings.", "sourceNote": "Source Note: The provisions of this §213.32 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective November 15, 2009, 34 TexReg 7820; amended to be effective July 30, 2014, 39 TexReg 5751; amended to be effective April 19, 2016, 41 TexReg 2751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222386", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.33", "label": "Factors Considered for Imposition of Penalties/Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184849", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board and the State Office of Administrative Hearings (SOAH) shall utilize the Disciplinary Matrix set forth in subsection (b) of this section in all disciplinary and eligibility matters.(b) The Disciplinary Matrix is as follows:Attached Graphic(c) The Board and SOAH shall consider the following factors in conjunction with the Disciplinary Matrix when determining the appropriate penalty/sanction in disciplinary and eligibility matters. The mitigating and aggravating factors specified in the Matrix are in addition to the factors listed in this subsection. Further, the presence of mitigating factors in a particular case does not constitute a requirement of dismissal of a violation of the Nursing Practice Act (NPA) and/or Board rules. If multiple violations of the NPA and/or Board rules are present in a single case, the most severe sanction recommended by the Matrix for any one of the individual offenses should be considered by the Board and SOAH pursuant to Tex. Occ. Code §301.4531. The following factors shall be analyzed in determining the tier and sanction level of the Disciplinary Matrix for a particular violation or multiple violations of the NPA and Board rules:(1) evidence of actual or potential harm to patients, clients, or the public;(2) evidence of a lack of truthfulness or trustworthiness; (3) evidence of misrepresentation(s) of knowledge, education, experience, credentials, or skills which would lead a member of the public, an employer, a member of the health-care team, or a patient to rely on the fact(s) misrepresented where such reliance could be unsafe;(4) evidence of practice history;(5) evidence of present fitness to practice;(6) whether the person has been subject to previous disciplinary action by the Board or any other health care licensing agency in Texas or another jurisdiction and, if so, the history of compliance with those actions;(7) the length of time the person has practiced;(8) the actual damages, physical, economic, or otherwise, resulting from the violation;(9) the deterrent effect of the penalty imposed;(10) attempts by the person to correct or stop the violation;(11) any mitigating or aggravating circumstances, including those specified in the Disciplinary Matrix;(12) the extent to which system dynamics in the practice setting contributed to the problem;(13) whether the person is being disciplined for multiple violations of the NPA or its derivative rules and orders;(14) the seriousness of the violation; (15) the threat to public safety;(16) evidence of good professional character as set forth and required by §213.27 of this chapter (relating to Good Professional Character);(17) participation in a continuing education course described in §216.3(f) of this title (relating to Requirements) completed not more than two years before the start of the Board's investigation, if the nurse is being investigated by the Board regarding the nurse's selection of clinical care for the treatment of tick-borne diseases; and (18) any other matter that justice may require.(d) Each specific act or instance of conduct may be treated as a separate violation.(e) The Board may, upon the finding of a violation, enter an order imposing one or more of the following disciplinary actions, with or without probationary stipulations:(1) Denial of temporary permit or licensure (including renewal, reinstatement/reactivation, or the return to direct patient care from a limited license);(2) Approval of temporary permit or licensure (including renewal, reinstatement/reactivation, or the return to direct patient care from a limited license), with one or more reasonable probationary stipulations as a condition of issuance, renewal, or reinstatement/reactivation. Additionally, the Board may determine, in accordance with §301.468 of the NPA, that an order denying a license application/petition, license renewal, license reinstatement/reactivation, or temporary permit be probated. Reasonable probationary stipulations may include, but are not limited to:(A) submit to care, supervision, counseling, or treatment by a health provider designated by the Board as a condition for the issuance, renewal, or reinstatement/reactivation of the license or temporary permit or the return to direct patient care from a limited license;(B) submit to an evaluation as outlined in subsections (k) and (l) of this section and/or pursuant to the Occupations Code §301.4521; (C) participate in a program of education or counseling prescribed by the Board;(D) limit specific nursing activities and/or practice settings and/or require periodic Board review;(E) practice for a specified period under the direction of a registered nurse or vocational nurse designated by the Board;(F) abstain from unauthorized use of drugs and alcohol to be verified by random drug testing conducted through urinalysis; or(G) perform public service which the Board considers appropriate;(3) Issuance of a Warning. The issuance of a Warning shall include reasonable probationary stipulations which may include, but are not limited to, one or more of the following:(A) submit to care, supervision, counseling, or treatment by a health provider designated by the Board;(B) submit to an evaluation as outlined in subsections (k) and (l) of this section and/or pursuant to the Occupations Code §301.4521; (C) participate in a program of education or counseling prescribed by the Board;(D) limit specific nursing activities and/or practice settings and/or require periodic Board review;(E) practice for a specified period of at least one year under the direction of a registered nurse or vocational nurse designated by the Board;(F) abstain from unauthorized use of drugs and alcohol to be verified by random drug testing conducted through urinalysis; or(G) perform public service which the Board considers appropriate;(4) Issuance of a Reprimand. The issuance of a Reprimand shall include reasonable probationary stipulations which may include, but are not limited to, one or more of the following:(A) submit to care, supervision, counseling, or treatment by a health provider designated by the Board;(B) submit to an evaluation as outlined in subsections (k) and (l) of this section and/or pursuant to the Occupations Code §301.4521; (C) participate in a program of education or counseling prescribed by the Board;(D) limit specific nursing activities and/or practice settings and/or require periodic Board review;(E) practice for a specified period of at least two years under the direction of a registered nurse or vocational nurse designated by the Board;(F) abstain from unauthorized use of drugs and alcohol to be verified by random drug testing conducted through urinalysis; or (G) perform public service which the Board considers appropriate; (5) Limitation or restriction of the person's license or permit, including limits on specific nursing activities and/or practice settings and/or periodic Board review; (6) Suspension of the person's license or permit. The Board may determine that the order of suspension be enforced and active for a specific period and/or probated with reasonable probationary stipulations as a condition for lifting or staying the order of suspension. Reasonable probationary stipulations may include, but are not limited to, one or more of the following: (A) submit to care, supervision, counseling, or treatment by a health provider designated by the Board;(B) submit to an evaluation as outlined in subsections (k) and (l) of this section and/or pursuant to the Occupations Code §301.4521; (C) participate in a program of education or counseling prescribed by the Board;(D) limit specific nursing activities and/or practice settings and/or require periodic Board review;(E) practice for a specified period of not less than two years under the direction of a registered nurse or vocational nurse designated by the Board; (F) abstain from unauthorized use of drugs and alcohol to be verified by random drug testing conducted through urinalysis; or (G) perform public service which the Board considers appropriate;(7) Remit payment of an administrative penalty or fine;(8) Acceptance of a Voluntary Surrender of a nurse's license(s) or permit;(9) Revocation of the person's license or permit;(10) Require participation in remedial education course or courses prescribed by the Board which are designed to address those competency deficiencies identified by the Board;(11) Assessment of a fine as set forth in §213.32 of this chapter (relating to Corrective Action Proceedings and Schedule of Administrative Fines);(12) Assessment of costs as authorized by the Government Code §2001.177; and/or (13) Require successful completion of a Board approved peer assistance program.(f) Every order issued by the Board shall require the person subject to the order to participate in a program of education or counseling prescribed by the Board, which at a minimum, will include a review course in nursing jurisprudence and ethics.(g) The following disciplinary and eligibility sanction policies, as applicable, shall be used by the Executive Director, Board and SOAH when determining the appropriate penalty/sanction in disciplinary and eligibility matters:(1) Sanctions for Behavior Involving Fraud, Theft, and Deception, approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html; (2) Sanctions for Behavior Involving Lying and Falsification, approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html; (3) Sanctions for Sexual Misconduct approved by the Board and published on February 22, 2008, in the Texas Register (33 TexReg 1649) and available on the Board's website at http://www.bon.state.tx.us/disci-plinaryaction/dsp.html; and(4) Sanctions for Substance Use Disorders and Other Alcohol and Drug Related Conduct, approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html.(h) To the extent that a conflict exists between the Disciplinary Matrix and a disciplinary and eligibility sanction policy described in subsection (g) of this section, the Disciplinary Matrix controls.(i) Unless otherwise specified, fines shall be payable in full by cashier's check or money order not later than the 45th day following the entry of an Order.(j) The payment of a fine shall be in addition to the full payment of all applicable fees and satisfaction of all other applicable requirements of the NPA and the Board's rules.(k) If the Board has probable cause to believe that a person is unable to practice nursing with reasonable skill and safety because of physical impairment, mental impairment, chemical dependency/substance use disorder, or abuse/misuse of drugs or alcohol, the Board may require an evaluation that meets the following standards:(1) The evaluation must be conducted by a Board-approved addictionologist, addictionist, medical doctor, neurologist, doctor of osteopathy, psychologist, neuropsychologist, advanced practice registered nurse, or psychiatrist, with credentials appropriate for the specific evaluation, as determined by the Board. In all cases, the evaluator must possess credentials, expertise, and experience appropriate for conducting the evaluation, as determined by the Board. The evaluator must be familiar with the duties appropriate to the nursing profession.(2) The evaluation must be designed to determine whether the suspected impairment prevents the person from practicing nursing with reasonable skill and safety to patients. The evaluation must be conducted pursuant to professionally recognized standards and methods. The evaluation must include the utilization of objective tests and instruments with valid and reliable validity scales designed to test the person's fitness to practice. The evaluation may include testing of the person's psychological or neuropsychological stability only if the person is suspected of mental impairment, chemical dependency, or drug or alcohol abuse. If applicable, the evaluation must include information regarding the person's prognosis and medication regime.(3) The person subject to evaluation shall sign a release allowing the evaluator to review the file compiled by the Board staff and a release that permits the evaluator to release the evaluation to the Board. The person subject to evaluation should be provided a copy of the evaluation upon completion by the evaluator; if not, the Board will provide the person a copy.(l) When determining evidence of present fitness to practice because of known or reported unprofessional conduct, lack of good professional character, or prior criminal history: (1) The Board may request an evaluation conducted by a Board-approved forensic psychologist, forensic psychiatrist, or advanced practice registered nurse who: (A) evaluates the behavior in question or the prior criminal history of the person;(B) seeks to predict:(i) the likelihood that the person subject to evaluation will engage in the behavior in question or criminal activity again, which may result in the person committing a second or subsequent reportable violation or receiving a second or subsequent reportable adjudication or conviction; and(ii) the continuing danger, if any, that the person poses to the community;(C) is familiar with the duties appropriate to the nursing profession;(D) conducts the evaluation pursuant to professionally recognized standards and methods; and(E) utilizes objective tests and instruments, as determined and requested by the Board, that are designed to test the psychological or neuropsychological stability, fitness to practice, professional character, and/or veracity of the person subject to evaluation.(2) The person subject to evaluation shall sign a release allowing the evaluator to review the file compiled by Board staff and a release that permits the evaluator to release the evaluation to the Board.(3) The person subject to evaluation should be provided a copy of the evaluation upon completion by the evaluator; if not, the Board will provide the person a copy.(m) Notwithstanding any other provision herein, a person's failure to appear in person or by attorney on the day and at the time set for hearing in a contested case shall entitle the Board to revoke the person's license.", "sourceNote": "Source Note: The provisions of this §213.33 adopted to be effective August 15, 2002, 27 TexReg 710; amended to be effective March 14, 2007, 32 TexReg 1304; amended to be effective October 10, 2007, 32 TexReg 7058; amended to be effective July 2, 2008, 33 TexReg 5007; amended to be effective February 16, 2010, 35 TexReg 1208; amended to be effective April 18, 2011, 36 TexReg 2395; amended to be effective July 16, 2012, 37 TexReg 5272; amended to be effective July 11, 2013, 38 TexReg 4348; amended to be effective October 29, 2015, 40 TexReg 7424; amended to be effective April 21, 2019, 44 TexReg 1864; amended to be effective November 23, 2021, 46 TexReg 7877;amended to be effective December 3, 2024, 49 TexReg 9755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184849", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.34", "label": "Deferred Discipline" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190610", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Deferred discipline may be imposed by the Board as specified in this rule.(b) The opportunity to enter into a deferred disciplinary order is at the sole discretion of the Executive Director as a condition of settlement by agreement and is not available as a result of a contested case proceeding conducted pursuant to the Government Code Chapter 2001.(c) Deferred discipline will be available for:(1) individuals with no prior disciplinary history with the Board or any other licensing board and/or disciplinary authority in another jurisdiction or under federal law;(2) violations of the Nursing Practice Act and/or Board rules that are proposed for resolution through the issuance of a Warning, a Warning with Stipulations, a Warning with Stipulations and a Fine, a Warning with a Fine, Remedial Education, Remedial Education with a Fine, or a Fine; and(3) violations of the Nursing Practice Act and/or Board rules that were pending with the Board on September 1, 2009, or after.(d) Violations of the Nursing Practice Act and/or Board rules involving sexual misconduct, criminal conduct, intentional acts, falsification, deception, or substance use disorder will not be eligible for resolution through deferred discipline.(e) Deferred discipline will not be available to:(1) an individual who files a petition for declaratory order under §213.30 of this title (relating to Declaratory Order of Eligibility for Licensure);(2) an individual whose application under §217.2 of this title (relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions), §217.4 of this title (relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction), or §217.5 of this title (relating to Temporary License and Endorsement) is treated as a petition for declaratory order under §213.30 of this title; or(3) an individual who is practicing nursing in Texas on a nurse licensure compact privilege.(f) A deferred disciplinary order will be available to the public for a minimum of three years and until such time as an individual successfully completes all of the conditions required by the deferred disciplinary order and the originating complaint is dismissed by the Board. After such time, the deferred disciplinary order will become confidential to the same extent that a complaint is confidential under the Occupations Code §301.466(g) If an individual fails to comply with a condition required by a deferred disciplinary order or if a subsequent complaint is filed against an individual during the pendency of the deferred disciplinary order, the Board will stay the dismissal of the originating complaint pending the resolution of the subsequent complaint. If the subsequent complaint is proposed for resolution through a disciplinary action under the Occupations Code Chapter 301, Subchapter J, the Board will not dismiss the originating complaint, and the Board may treat the deferred disciplinary order as prior discipline when considering the imposition of a disciplinary sanction.", "sourceNote": "Source Note: The provisions of this §213.34 adopted to be effective July 12, 2010, 35 TexReg 6077; amended to be effective July 30, 2014, 39 TexReg 5753; amended to be effective July 12, 2017, 42 TexReg 3485." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190610", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.35", "label": "Targeted Assessment and Remediation Pilot Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217020", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is authorized by Texas Occupations Code §301.1605(a) and §301.453. Any pilot program approved by the Board after the final adoption of this rule will continue for a period not to exceed two years from the approval date. The pilot program approved by the Board may be extended upon an approval of a written application submitted to the Board.(b) The purpose of this rule is to evaluate the effectiveness of innovative remediation programs that are designed to target deficiencies in nurse practice competencies of licensed practitioners and provide effective and efficient remediation as an alternative method of discipline. An applicant for approval is encouraged to develop a comprehensive and individualized assessment of nurse practice competency based on identified violations of the Nursing Practice Act (NPA) and targeted remedial education to correct identified deficiencies in order to ensure minimum competency. Additionally, the pilot program may wish to develop an alternative extensive orientation program consistent with §217.6(b) of this title (relating to Failure to Renew License) and §217.9(g) of this title (relating to Inactive and Retired Status) that will evaluate and remediate nurses who wish to re-enter practice after prolonged absences. The design of any alternative extensive orientation will focus on evidence-based assurance of minimum nurse competency before returning to practice.(c) Approval of the pilot program provider is within discretion of the Executive Director and any provider must be able to meet the requirements of this rule.(d) Any order issued in association with an approved pilot program will be considered a method of discipline pursuant to Texas Occupations Code §301.453 or §301.6555 and will be considered public information subject to all reporting requirements of disciplinary actions under federal and state laws.(e) Participation in an approved pilot program will only be through an agreed order and the opportunity to enter into a pilot program order is at the sole discretion of the Executive Director.(f) Each nurse will be responsible for the entire cost of participation in the pilot program. Each nurse subject to a pilot program order must:(1) enroll in the pilot program within 45 days of the date of the order unless otherwise agreed;(2) submit to an individualized assessment designed to evaluate nurse practice competency and to support a targeted remediation plan;(3) follow all requirements within the remediation plan if any;(4) successfully complete the pilot program order within one year from the effective date of the agreed order; and(5) provide written proof of successful completion of the pilot program to the Board.(g) The pilot program provider approved under this rule should be capable of meeting the following requirements:(1) provide reasonable intake and assessment options within 45 days of enrollment;(2) perform an individualized comprehensive assessment designed to evaluate nurse practice competency;(3) develop a written individualized remediation plan to ensure minimum competency that may include a period of monitoring and follow-up;(4) if requested by the Board, provide the remediation plan to the Board for review and approval;(5) provide the education, resources, tools and support that the remediation plan requires; and(6) provide a written report to the nurse and the Board upon the successful completion of the remediation plan.(h) Every pilot program order shall require the person subject to the order to participate in a program of education and study that will include a course in nursing jurisprudence and ethics.(i) If the individualized assessment identifies further violations of the Nursing Practice Act, including inability to practice nursing safely, further disciplinary action may be taken based on such results in the assessments.(j) In order for a nurse to be eligible to participate in a pilot program order, the individual shall have no prior disciplinary history with the Board.(k) A pilot program order will only be available:(1) for violations of the NPA and/or Board rules that are proposed for resolution through the issuance of a Warning, a Warning with Stipulations, a Warning with Stipulations and a Fine, a Warning with a Fine, Remedial Education, Remedial Education with a Fine, or any deferred order issued pursuant to §213.34 of this title (relating to Deferred Discipline);(2) as a condition of settlement by agreement prior to the initiation of proceedings before the State Office of Administrative Hearings; and(3) if the probationary stipulations outlined in the pilot program are designed to address an individual's practice deficit, knowledge deficit, or lack of situational awareness.(l) Violations involving sexual misconduct, criminal conduct, intentional acts, falsification, deception, chemical dependency, or substance abuse will not be eligible for resolution through a pilot program action under the pilot program.(m) If an individual fails to comply with a probationary stipulation required by the pilot program order or if a subsequent complaint is filed against an individual during the pendency of the pilot program order, the Board may treat the pilot program action as prior disciplinary action when considering the imposition of a disciplinary sanction.(n) The outcome and effectiveness of any pilot program will be monitored and evaluated by the Board to ensure compliance with the criteria of this rule and obtain evidence that research goals are being pursued.(o) The Board may contract with a third party to perform the monitoring and evaluation of any program approved under this rule.", "sourceNote": "Source Note: The provisions of this §213.35 adopted to be effective July 30, 2014, 39 TexReg 5757; amended to be effective April 26, 2018, 43 TexReg 2412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217020", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.36", "label": "Alleged Standard of Care Violations by Advanced Practice Registered Nurses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If, during the course of investigating a complaint made against an APRN, the board determines that an act of the APRN likely falls below an acceptable standard of care, the board shall appoint another APRN as an expert reviewer to assist in the investigation. An APRN appointed as an expert reviewer under this section must practice in the same advanced practice role with the same population focus as the APRN who is the subject of the complaint.(b) The board may not refer a complaint against an APRN to an expert reviewer appointed under this section if the act alleged is:(1) within the scope of practice applicable to a nurse who is not an advanced practice registered nurse; or(2) considered unprofessional conduct, as described by Occupations Code, § 301.452(b)(10).(c) An expert reviewer appointed under this section to review allegations against an APRN shall:(1) determine whether the APRN violated the standard of care applicable to the circumstances of the allegation; and(2) issue to the board a preliminary written report of the expert reviewer's conclusions.(d) A report issued by an expert reviewer under this section must include:(1) relevant facts concerning the nursing care rendered;(2) the applicable standard of care;(3) application of the standard of care to the relevant facts;(4) a determination of whether the standard of care has been violated; and(5) a summation of the expert reviewer's opinion.", "sourceNote": "Source Note: The provisions of this §213.36 adopted to be effective March 21, 2024, 49 TexReg 1712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217021", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "213", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§213.37", "label": "Disclosure of Expert Reviewer's Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158985", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before initiating informal proceedings to resolve a complaint referred to an expert reviewer under §213.36 of this title (relating to Alleged Standard of Care Violations by Advanced Practice Registered Nurses), the board shall provide a copy of the expert reviewer's report issued under that section to the advanced practice registered nurse who is the subject of the complaint.(b) Before providing an expert reviewer's report, the board shall redact:(1) identifying information of the expert reviewer, other than the expert reviewer's role and population focus; and(2) confidential information, as described by Occupations Code, §§ 301.460 and 301.466, or that is otherwise privileged or confidential under the Nursing Practice Act or other applicable law.", "sourceNote": "Source Note: The provisions of this §213.37 adopted to be effective March 21, 2024, 49 TexReg 1712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158985", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.1", "label": "General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216230", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The director/coordinator and faculty are accountable for complying with the Board's rules and regulations and the Nursing Practice Act.(b) Rules for vocational nursing education programs shall provide reasonable and uniform standards based upon sound educational principles that allow the opportunity for flexibility, creativity, and innovation.", "sourceNote": "Source Note: The provisions of this §214.1 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective October 21, 2012, 37 TexReg 8294." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216230", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216231", "queryAsDate": "03/11/2026" }, "ruleBody": "Words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:(1) Affidavit of Graduation--an official Board form required in the initial licensure process that is signed by the approved nursing program director/coordinator verifying that the applicant has successfully completed all requirements for graduation from an approved vocational nursing program that meets the requirements set forth in §214.9 of this chapter (relating to Program of Study).(2) Affiliating agency or clinical facility--a health care facility or agency providing clinical learning experiences for students.(3) Alternative practice settings--settings providing opportunities for clinical learning experiences, including those whose primary function is not the delivery of health care.(4) Approved vocational nursing education program--a Board-approved vocational nursing education program that meets the requirements set forth in §214.9 of this chapter and prepares graduates to provide safe nursing care using concepts identified in the Differentiated Essential Competencies (DECs).(5) Articulation--a planned process between two (2) or more educational systems to assist students in making a smooth transition from one (1) level of education to another without duplication in education.(6) Board--the Texas Board of Nursing composed of members appointed by the Governor for the State of Texas.(7) CANEP (Compliance Audit for Nursing Education Programs)--a document required by the Board to be submitted by the vocational nursing education program's director/coordinator that serves as verification of the program's adherence to the requirements of this chapter.(8) Career school or college--an educational entity as defined in Title 3, Texas Education Code, §132.001(1) as a \"career school or college\".(9) Classroom instruction hours--hours allocated to didactic instruction and testing in nursing and non-nursing Board-required courses and content.(10) Clinical learning experiences--faculty-planned and guided learning activities designed to assist students to meet the stated program and course outcomes and to safely apply knowledge and skills when providing nursing care to clients across the life span as appropriate to the role expectations of the graduates. These experiences occur in actual patient care clinical learning situations and in associated clinical conferences; in nursing skills and computer laboratories; and in simulated clinical settings, including high-fidelity, where the activities involve using planned objectives in a realistic patient scenario guided by trained faculty and followed by debriefing and evaluation of student performance. The clinical settings for faculty-supervised hands-on patient care include a variety of affiliating agencies or clinical practice settings, including, but not limited to: acute care and rehabilitation facilities; primary care settings; extended care facilities (long-term care and nursing homes); residential care settings; respite or day care facilities; community or public health agencies; and other settings where actual patients receive nursing care.(11) Clinical preceptor--a licensed nurse who meets the requirements in §214.10(i)(6) of this chapter (relating to Clinical Learning Experiences), who practices in the clinical setting, and who directly supervises clinical learning experiences for no more than two (2) students. A clinical preceptor assists in the evaluation of the student during the experiences and in acclimating the student to the role of nurse. A clinical preceptor facilitates student learning in a manner prescribed by a signed written agreement between the governing entity, preceptor, and affiliating agency (as applicable).(12) Conceptual framework--theories or concepts giving structure to the curriculum and guiding faculty in making decisions about curriculum development, implementation, and evaluation.(13) Correlated theory and clinical practice--didactic and clinical experiences that have a reciprocal relationship or mutually complement each other.(14) Course--organized subject content and related activities, that may include face-to-face and/or online didactic, laboratory, and/or clinical experiences, planned to achieve specific objectives within a given time period.(15) Curriculum--course offerings which, in aggregate, make up the total learning activities in a program of study.(16) Declaratory Order of Eligibility--an order issued by the Board pursuant to Texas Occupations Code §301.257, determining the eligibility of an individual for initial licensure as a vocational or registered nurse and setting forth both the basis for potential ineligibility and the Board's determination of disclosed eligibility issues. (17) Differentiated Essential Competencies (DECs)--the expected educational outcomes to be demonstrated by nursing students at the time of graduation, as published in the Differentiated Essential Competencies of Graduates of Texas Nursing Programs Evidenced by Knowledge, Clinical Judgment, and Behaviors: Vocational (VN), Diploma/Associate Degree (Diploma/ADN), Baccalaureate Degree (BSN), 2021 (DECs).(18) Director/coordinator--a registered nurse who is accountable for administering a pre-licensure vocational nursing education program, who meets the requirements as stated in §214.6(f) of this chapter (relating to Administration and Organization), and is approved by the Board.(19) Examination year--the period beginning January 1 and ending December 31 used for the purpose of determining a vocational nursing education program's annual NCLEX-PN® examination pass rate.(20) Extension site/campus--a location other than the program's main campus where a portion or all of the curriculum is provided.(21) Faculty member--an individual employed to teach in the vocational nursing education program who meets the requirements as stated in §214.7 of this chapter (relating to Faculty).(22) Faculty waiver--a waiver granted by a director or coordinator of a vocational nursing education program to an individual who meets the criteria specified in §214.7(e) of this chapter.(23) Governing entity--the body with administrative and operational authority over a Board-approved vocational nursing education program.(24) Health care professional--an individual other than a licensed nurse who holds at least a bachelor's degree in the health care field, including, but not limited to: a respiratory therapist, physical therapist, occupational therapist, dietitian, pharmacist, physician, social worker, and psychologist.(25) MEEP (Multiple Entry-Exit Program)--an exit option which is a part of a professional nursing education program designed for students to complete course work and apply to take the NCLEX-PN® examination after they have successfully met all requirements needed for the examination.(26) Mobility--the ability to advance without educational barriers.(27) NEPIS (Nursing Education Program Information Survey)--a document required by the Board to be submitted by the vocational nursing education program director/coordinator to provide annual workforce data.(28) Non-nursing faculty--instructors who teach non-nursing content, such as pharmacology, pathophysiology, anatomy and physiology, growth and development, and nutrition, and who have educational preparation appropriate to the assigned teaching responsibilities.(29) Nursing Clinical Judgment--the observed outcome of critical thinking and decision-making that uses nursing knowledge to observe and access presenting situations, identify a prioritized client concern, and generate the best possible evidence-based solutions in order to deliver safe client care. It is a decision-making model that is consistent with the nursing process model where the nurse determines and implements nursing interventions based on recognizing and analyzing patient cues (assessment and analysis), prioritizing hypotheses and generating solutions (planning), taking action (implementation), and evaluating outcomes. (30) Objectives/Outcomes--expected student behaviors that are attainable and measurable.(A) Program Objectives/Outcomes--broad statements describing student learning outcomes achieved upon graduation.(B) Clinical Objectives/Outcomes--expected student behaviors for clinical learning experiences that provide evidence of progression of students' cognitive, affective, and psychomotor achievement in clinical practice across the curriculum.(C) Course Objectives/Outcomes--expected student outcomes upon successful completion of specific course content serving as a mechanism for the evaluation of student progression.(31) Observation experience--a clinical learning experience where a student is assigned to follow a health care professional in a facility or unit and to observe activities within the facility/unit and/or the role of nursing within the facility/unit, but where the student does not participate in hands-on patient/client care.(32) Pass rate--the percentage of first-time candidates within the examination year, as that term is defined in paragraph (19) of this section, who pass the National Council Licensure Examination for Vocational Nurses (NCLEX-PN®).(33) Philosophy/Mission--statement of concepts expressing fundamental values and beliefs as they apply to nursing education and practice and upon which the curriculum is based.(34) Program of study--the courses and learning experiences that constitute the requirements for completion of a vocational nursing education program.(35) Recommendation--a specific suggestion based upon program assessment that is indirectly related to the rules to which the program must respond but in a method of their choosing.(36) Requirement--mandatory criterion based on program assessment that is directly related to the rules that must be addressed in the manner prescribed.(37) Shall--denotes mandatory requirements.(38) Simulation--activities that mimic the reality of a clinical environment and are designed to demonstrate procedures, decision-making, and critical thinking. A simulation may be very detailed and closely imitate reality, or it can be a grouping of components that are combined to provide some semblance of reality. Components of simulated clinical experiences include providing a scenario where the nursing student can engage in a realistic patient situation guided by trained faculty and followed by a debriefing and evaluation of student performance. Simulation provides a teaching strategy to prepare nursing students for safe, competent, hands-on practice.(39) Staff--employees of the Texas Board of Nursing.(40) Supervision--immediate availability of a faculty member or clinical preceptor to coordinate, direct, and observe first-hand the practice of students.(41) Survey visit--a virtual or on-site visit to a vocational nursing education program by a Board representative. The purpose of the visit is to evaluate the program of study by gathering data to determine whether the program is in compliance with Board requirements. A visit to a program with an approval status other than full approval focuses on examining factors that may have contributed to the changed approval status and implementation of corrective measures. (42) Systematic approach--the organized nursing process approach that provides individualized, goal-directed nursing care whereby the licensed vocational nurse role engages in:(A) collecting data and performing focused nursing assessments of the health status of an individual;(B) participating in the planning of the nursing care needs of an individual based upon analyzing patient cues;(C) participating in the development and modification of the nursing care plan based on the vocational nurse's nursing clinical judgment;(D) participating in health teaching and counseling to promote, attain, and maintain the optimum health level of an individual; and(E) assisting in the evaluation of an individual's response to a nursing intervention and the identification of an individual's needs.(43) Texas Higher Education Coordinating Board (THECB)--the state agency described in Texas Education Code, Title 3, Subtitle B, Chapter 61.(44) Texas Workforce Commission (TWC)--the state agency described in Texas Labor Code, Title 4, Subtitle B, Chapter 301.(45) Vocational nursing education program--an educational unit within the structure of a school, including a college, university, or career school or college or a hospital or military setting that provides a program of nursing study preparing graduates who are competent to practice safely and who are eligible to take the NCLEX-PN® examination.", "sourceNote": "Source Note: The provisions of this §214.2 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective July 10, 2005, 30 TexReg 3996; amended to be effective February 19, 2008, 33 TexReg 1326; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective December 27, 2010, 35 TexReg 11662; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective August 9, 2018, 43 TexReg 5072; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216231&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216231", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.3", "label": "Program Development, Expansion and Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216232", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) New Programs.(1) New vocational nursing education programs must be approved by the Board in order to operate in the State of Texas. The Board has established guidelines for the initial approval of vocational nursing education programs.(2) Proposal to establish a new vocational nursing education program.(A) An educational unit in nursing within the structure of a school, including a college, university, or career school or college, or a hospital or military setting is eligible to submit a proposal to establish a new vocational nursing education program.(B) The new vocational nursing education program must be approved/licensed or deemed exempt by the appropriate Texas agency, the THECB or the TWC, as applicable, before approval can be granted by the Board for the program to be implemented. The proposal to establish a new vocational nursing education program may be submitted to the Board at the same time that an application is submitted to the THECB or the TWC, but the proposal cannot be approved by the Board until such time as the proposed program is approved by the THECB or the TWC. If the governing entity has nursing programs in other jurisdictions, the submitted program proposal must include evidence that the nursing program's NCLEX-PN® pass rates are at least 80% for the current examination year, as that term is defined in §214.2(19) of this chapter (relating to Definitions), and that the nursing programs hold full approval from the state boards of nursing in the other states and are in good standing. Evidence of poor performance by a governing entity's nursing program in another jurisdiction is sufficient grounds for denial of a proposal. Additionally, a proposal will be denied by the Board in accordance with governing statutory requirements.(C) The process to establish a new vocational nursing education program shall be initiated by a letter of intent from the governing entity to the Board office. A program proposal must be ready for the Board's consideration of approval within one (1) year from the date of receipt of the initial proposal draft in the Board's office. If the proposal is not ready for the Board's consideration within this time period, the proposal will be considered withdrawn or will be presented to the Board at its next regularly scheduled meeting, with a Staff recommendation of denial/disapproval.(D) The individual writing the proposal for a new vocational nursing education program shall be the proposed director and shall meet the qualifications for the program director as specified in §214.6(f) of this chapter (relating to Administration and Organization).(E) At least one (1) potential faculty member shall be identified before the curriculum development to assist in planning the program of study.(F) The proposal shall include information outlined in Board Education Guideline 3.1.1. available at https://www.bon.texas.gov.(G) After the proposal is submitted and determined to be complete, a preliminary survey visit may be conducted by Board Staff.(H) The proposal shall be considered by the Board following a public hearing at a regularly scheduled meeting of the Board. The Board may approve the proposal and grant initial approval to the new program, may defer action on the proposal, or may deny further consideration of the proposal. In order to ensure success of newly approved programs, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary.(i) In addition to imposing restrictions and conditions, the Board may also require specific monitoring of newly approved programs that may be high-risk.(ii) A program may be considered high-risk if it meets one or more of the following criteria, including, but not limited to: unfamiliarity of the governing entity with nursing education; inexperience of the potential director or coordinator in directing a nursing program; potential for director or faculty turnover; multiple admission cycles per year; lack of rigor in admission criteria; use of a national curriculum; or potential for a high attrition rate among students. If the director has no experience in the director role, an appropriate mentor will be required to assist the director during the first year of operation.(iii) Board monitoring of a high-risk program may include the review and analysis of program reports; extended communication with program directors; and additional survey visits. A monitoring plan may require the submission of quarterly reports of students' performance in courses and clinical learning experiences; remediation strategies and attrition rates; and reports from an assigned mentor to the program director. Additional survey visits by a Board representative may be conducted at appropriate intervals to evaluate the status of the program. The Board may alter a monitoring plan as necessary to address the specific needs of a particular program.(I) The program shall not enroll students until the Board approves the proposal and grants initial approval.(J) Prior to presentation of the proposal to the Board, evidence of approval from the appropriate regulatory agencies shall be provided.(K) When the proposal is submitted, an initial approval fee shall be assessed per §223.1 of this title (relating to Fees).(L) A proposal without action for one (1) calendar year shall be considered withdrawn, and a new proposal application and fee, as set forth in §223.1 of this title (relating to Fees) will be required to begin the new proposal process again.(M) If the Board denies a proposal, the educational unit in nursing within the structure of a school, including a college, university, or career school or college, or a hospital or military setting must wait a minimum of twelve (12) calendar months from the date of the denial before submitting a new proposal to establish a vocational nursing education program.(3) Survey visits shall be conducted, as necessary, by staff until full approval status is granted.(b) Extension Site/Campus.(1) Only vocational nursing education programs that have full approval with a current NCLEX-PN® examination pass rate of 80% or better and are in compliance with Board rules are eligible to initiate or modify an extension site/campus.(2) Instruction provided for the extension site/campus may include a variety of instructional methods, shall be consistent with the main campus program's current curriculum, and shall enable students to meet the goals, objectives, and competencies of the vocational nursing education program and requirements of the Board as stated in §§214.1 - 214.13 of this chapter (relating to Vocational Nursing Education).(3) An approved vocational nursing education program desiring to establish an extension site/campus that is consistent with the main campus program's current curriculum and teaching resources shall comply with Board Education Guideline 3.1.5 available at https://www.bon.texas.gov and:(A) Complete and submit an application form for approval of the extension site to Board Staff at least four (4) months prior to implementation of the extension site/campus; and(B) Provide information in the application form that evidences:(i) a strong rationale for the establishment of the extension site in the community;(ii) availability of a qualified coordinator, if applicable, and qualified faculty;(iii) adequate educational resources (classrooms, labs, and equipment);(iv) documentation of communication and collaboration with other programs within fifty (50) miles of the extension site;(v) currently signed contracts from clinical affiliating agencies to provide clinical practice settings for students;(vi) projected student enrollments for the first two (2) years;(vii) plans for quality instruction;(viii) a planned schedule for class and clinical learning activities for one (1) year; and(ix) notification or approval from the governing entity and from other regulatory/accrediting agencies, as required. This includes regional approval of out-of-service extension sites for community colleges.(4) When the curriculum of the extension site/campus deviates from the original program in any way, the proposed extension is viewed as a new program and Board Education Guideline 3.1.1 available at https://www.bon.texas.gov applies.(5) Extension programs of vocational nursing education programs that have been closed may be reactivated by submitting notification of reactivation to the Board at least four (4) months prior to reactivation, using Board Education Guideline 3.1.5 available at https://www.bon.texas.gov.(6) A program intending to close an extension site/campus shall:(A) Notify the Board office at least four (4) months prior to closure of the extension site/campus; and(B) Submit required information according to Board Education Guideline 3.1.7 available at https://www.bon.texas.gov, including:(i) reason for closing the program;(ii) date of intended closure;(iii) academic provisions for students; and(iv) provisions made for access to and storage of vital school records.(7) Consolidation. When a governing entity oversees an extension site/campus or multiple extension sites/campuses with curricula consistent with the curriculum of the main campus, the governing entity and the program director/coordinator may request in a formal letter to the Board consolidation of the extension site(s)/campus(es) with the main program, utilizing one (1) NCLEX-PN® examination testing code thereafter. After the effective date of consolidation, the NCLEX-PN® examination testing code(s) for the extension site(s) will be deactivated/closed. The NCLEX-PN® examination testing code assigned to the main campus will remain as the active code.(c) Transfer of Administrative Control by the Governing Entity. The authorities of the governing entity shall notify the Board office in writing of an intent to transfer the administrative authority of the program. This notification shall follow Board Education Guideline 3.1.6 available at https://bon.texas.gov.(d) Closing a Program.(1) When the decision to close a program has been made, the director/coordinator must notify the Board by submitting a written plan for closure complying with Board Education Guideline 3.1.7 available at https://www.bon.texas.gov, which includes the following:(A) reason for closing the program;(B) date of intended closure;(C) academic provisions for students to complete the vocational nursing education program and teach-out arrangements that have been approved by the appropriate Texas agency (i.e., the THECB, the TWC, or the Board);(D) provisions made for access to and safe storage of vital school records, including transcripts of all graduates; and(E) methods to be used to maintain requirements and standards until the program closes.(2) The program shall continue within standards until all students enrolled in the vocational nursing education program at the time of the decision to close have graduated. In the event this is not possible, a plan shall be developed whereby students may transfer to other approved programs.(3) A program is deemed closed when the program has not enrolled students for a period of two (2) years since the last graduating class or student enrollment has not occurred for a two (2) year period. Board-ordered enrollment suspensions may be an exception.(4) A program's voluntary closure under this section may be accepted by the Executive Director of the Board without requirement of Board ratification. Notice of a program's accepted closure shall be sent to the director or coordinator and others as determined by the Board. The chief administrative officer of the governing entity shall be notified by the Board when the program's closure is accepted by the Executive Director. The program shall then be removed from the list of Board approved vocational nursing education programs.(5) A program that has voluntarily closed under this section may reapply for approval. However, a new proposal may not be submitted to the Board until at least twelve (12) calendar months from the date the program's closure was accepted by the Executive Director have elapsed.(6) A program submitting its voluntary closure under this section must comply with all of the requirements of this section.(e) Approval of a Vocational Nursing Education Program Outside Texas' Jurisdiction to Conduct Clinical Learning Experiences in Texas.(1) The vocational nursing education program outside Texas' jurisdiction seeking approval to conduct clinical learning experiences in Texas should initiate the process with the Board at least four (4) months prior to the anticipated start date of the clinical learning experiences in Texas.(2) A written request, the required fee set forth in §223.1(a)(20) of this title, and all required supporting documentation shall be submitted to the Board office following Board Education Guideline 3.1.3 available at https://bon.texas.gov.(A) Evidence that the program has been approved/licensed or deemed exempt from approval/licensure by the appropriate Texas agency (i.e., the THECB, the TWC), to conduct business in the State of Texas, must be provided before approval can be granted by the Board for the program to conduct clinical learning experiences in Texas.(B) Evidence that the program's NCLEX-PN® examination rate is at least 80% for the current examination year, as that term is defined in §214.2(19) of this chapter (relating to Definitions).(3) The Board may withdraw the approval of any program that fails to maintain the requirements set forth in Board Education Guideline 3.1.3 available at https://www.bon.texas.gov and this section.", "sourceNote": "Source Note: The provisions of this §214.3 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective July 10, 2005, 30 TexReg 3996; amended to be effective January 10, 2008, 33 TexReg 179; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective December 27, 2010, 35 TexReg 11662; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective October 1, 2013, 38 TexReg 6593; amended to be effective January 31, 2017, 42 TexReg 311; amended to be effective August 9, 2018, 43 TexReg 5072; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216232", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.4", "label": "Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216233", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The progressive designation of approval status is not implied by the order of the following listing. Approval status is based upon each program's performance and demonstrated compliance to the Board's requirements and responses to the Board's recommendations. Change from one status to another is based on NCLEX-PN® examination pass rates, compliance audits, survey visits, and other factors listed under subsection (b) of this section. Types of approval include:(1) Initial Approval.(A) Initial approval is written authorization by the Board for a new program to enroll students, is granted if the program meets the requirements and addresses the recommendations issued by the Board, and begins with the date of the first student enrollment.(B) The number of students to be enrolled while the program is on initial approval is determined by the Board, and the requirements will be included in the Board's Order approving the program.(C) Change from initial approval status to full approval status cannot occur until the program has demonstrated compliance with this chapter, has met requirements and responded to all recommendations issued by the Board, and the NCLEX-PN® examination pass rate is at least 80% after a full examination year. In order to ensure the continuing success of the program, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary for continued operation and/or as a condition for changing the approval status.(2) Full Approval.(A) Full Approval is granted by the Board to a vocational nursing education program that is in compliance with all Board requirements and has responded to all Board recommendations.(B) Only programs with full approval status may initiate extension programs and grant faculty waivers.(3) Full with warning or initial approval with warning is issued by the Board to a vocational nursing education program that is not meeting the Board's requirements.(A) A program issued a warning will receive written notification from the Board of the warning and a survey visit will be conducted.(B) Following the survey visit, the program will be given a list of identified areas of concern and a specified time in which to respond with a set of corrective measures. Further, in order to ensure the continuing success of the program, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary for continued operation and/or as a condition for changing the approval status.(4) Conditional Approval. Conditional approval is issued by the Board for a specified time to provide the program opportunity to correct any areas of concern identified by the Board or from findings in the program's self-study report.(A) The program shall not enroll students while on conditional status.(B) The Board may establish specific criteria to be met in order for the program's conditional approval status to be changed.(C) Depending upon the degree to which the Board's requirements are currently being or have been met, the Board may change the program's approval status or may withdraw approval. In order to ensure the continuing success of the program, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary for continued operation and/or as a condition for changing the approval status.(5) Withdrawal of Approval. The Board may withdraw approval from a program which fails to meet the Board's requirements within the specified time. A program may also elect to voluntarily close a program, as provided for in subsection (c)(12) of this section. The director/coordinator shall submit a plan for closure according to Board Education Guideline 3.1.7 available at https://www.bon.texas.gov and outlined in subsection (d) of this section.(6) When a program closes by Board action or voluntary decision, the program will be removed from the list of Board approved vocational nursing education programs, but students may complete the program in teach-out.(b) Factors Jeopardizing Program Approval Status.(1) When a program demonstrates non-compliance with Board requirements, approval status may be changed, approval may be withdrawn, or the Board, in its discretion, may impose restrictions or conditions it deems appropriate and necessary. In addition to imposing restrictions or conditions, the Board may also require additional monitoring of the program. Board monitoring may include the review and analysis of program reports; extended communication with program directors; and additional survey visits. A monitoring plan may require the submission of quarterly reports of students' performance in courses and clinical learning experiences; remediation strategies and attrition rates; and reports from an assigned mentor to the program director. Additional survey visits by a Board representative may be conducted at appropriate intervals to evaluate the status of the program. The Board may alter a monitoring plan as necessary to address the specific needs of a particular program.(2) A change in approval status, requirements for restrictions or conditions, or a monitoring plan may be issued by the Board for any of the following reasons:(A) deficiencies in compliance with the rule;(B) substantiated student complaints;(C) noncompliance with school's stated philosophy/mission, program design, objectives/outcomes, and/or policies;(D) failure to submit records and reports to the Board office within designated time frames;(E) failure to provide sufficient variety and number of clinical learning opportunities for students to achieve stated objectives/outcomes;(F) failure to comply with Board requirements or to respond to Board recommendations within the specified time;(G) student enrollments without resources to support the program, including sufficient qualified faculty, adequate educational facilities, and appropriate clinical affiliating agencies;(H) failure to maintain an 80% passing rate on the licensing examination by first-time candidates;(I) failure of program director/coordinator to verify the currency of faculty licenses; or(J) other activities or situations that demonstrate to the Board that a program is not meeting Board requirements or lacks institutional control necessary for successful student outcomes.(c) Ongoing Approval Procedures. Ongoing approval status is determined biennially by the Board on the basis of information reported or provided in the program's NEPIS and CANEP, NCLEX-PN® examination pass rates, program compliance with this chapter, and other program outcomes. Certificates of Board approval will be sent to all Board-approved nursing programs biennially in even-numbered years.(1) Compliance Audit. Each approved vocational nursing education program shall submit a biennial CANEP regarding its compliance with the Board's requirements.(2) NCLEX-PN® Pass Rates. The annual NCLEX-PN® examination pass rate for each vocational nursing education program is determined by the percentage of first time test-takers who pass the examination during the examination year.(A) A minimum of eighty percent (80%) of first-time NCLEX-PN® candidates is required to achieve a passing score on the NCLEX-PN® examination during the examination year.(B) When the passing score of first-time NCLEX-PN® candidates is less than 80% on the examination during the examination year, the nursing program shall submit a Self-Study Report that evaluates factors that may have contributed to the graduates' performance on the examination and a description of the corrective measures to be implemented. The report shall comply with Board Education Guideline 3.2.1 available at https://bon.texas.gov. Within one year of the submission of the Self-Study Report to the Board, the program shall provide to Board Staff evaluation data on the effectiveness of corrective measures implemented.(3) Change in Approval Status. The progressive designation of a change in approval status is not implied by the order of the following listing. A change in approval status is based upon each program's performance and demonstrated compliance to the Board's requirements and responses to the Board's recommendations. A change from one approval status to another may be determined by program outcomes, including the NCLEX-PN® examination pass rates, compliance audits, survey visits, and other factors listed under subsection (b) of this section.(A) A warning may be issued to a program when:(i) the pass rate of first-time NCLEX-PN®, candidates, as described in paragraph (2)(A) of this subsection, is less than 80% for two (2) consecutive examination years; or(ii) The program has been in violation of Board requirements.(B) A program may be placed on conditional approval status if:(i) the pass rate of first-time NCLEX-PN® candidates, as described in paragraph (2)(A) of this subsection, is less than 80% for three (3) consecutive examination years;(ii) the faculty fails to implement appropriate corrective measures identified in the Self-Study Report or survey visit;(iii) the program has continued to engage in activities or situations that demonstrate to the Board that the program is not meeting Board requirements and standards or lacks institutional control necessary for successful student outcomes; or(iv) the program persists despite the existence of multiple deficiencies set forth in subsection (b) of this section.(C) Approval may be withdrawn if:(i) the performance of first-time NCLEX-PN® candidates fails to be at least 80% during the examination year following the date the program is placed on conditional approval;(ii) the program is consistently unable to meet requirements of the Board; or(iii) the program continues to engage in activities or situations that demonstrate to the Board that the program is not meeting Board requirements and standards or lacks institutional control necessary for successful student outcomes.(D) The Board may consider a change in approval status at a regularly scheduled Board meeting for a program on initial full approval, full approval with warning, or conditional approval if:(i) the program's pass rate for first-time NCLEX-PN® candidates during the examination year is at least 80%; and(ii) the program has met all Board requirements.(E) The Board may, in its discretion, change the approval status of a program on full approval with warning or impose a monitoring plan. The Board may restrict enrollments.(F) The Board may, in its discretion, change the approval status of a program on conditional approval or impose a monitoring plan. The Board may restrict enrollments.(4) Survey Visit. Each vocational nursing education program shall be visited at least once every six (6) years after full approval has been granted, unless accredited by a Board-recognized national nursing accrediting agency.(A) Board Staff may conduct a survey visit at any time based upon Board Education Guideline 3.2.2 available at https://www.bon.texas.gov.(B) After a program is fully approved by the Board, a report from a Board-recognized national nursing accrediting agency regarding a program's accreditation status may be accepted in lieu of a Board survey visit.(C) A written report of the survey visit, information from the program's NEPIS and CANEP, and NCLEX-PN® examination pass rates shall be reviewed by the Board at a regularly scheduled meeting.(5) The Board will select one (1) or more national nursing accrediting agencies, recognized by the United States Department of Education, and determined by the Board to have standards equivalent to the Board's ongoing approval standards according to Board Education Guideline 3.2.3 available at https://www.bon.texas.gov. Identified areas that are not equivalent to the Board's ongoing approval standards will be monitored by the Board on an ongoing basis.(6) The Board will periodically review the standards of the national nursing accrediting agencies following revisions of accreditation standards or revisions in Board requirements for validation of continuing equivalency.(7) Accredited Programs. The Board may review and/or change the approval status of an accredited vocational nursing education program that fails to:(A) meet the prescribed program of study or other Board requirements;(B) maintain voluntary accreditation with the national nursing accrediting agency selected by the Board; or(C) maintain the approval of the state board of nursing of another state that the Board has determined has standards that are substantially equivalent to the Board's standards under which it was approved.(8) A vocational nursing education program is considered approved by the Board and exempt from Board rules that require ongoing approval as described in Board Education Guideline 3.2.3 available at https://www.bon.texas.gov if the program:(A) is accredited and maintains voluntary accreditation through an approved national nursing accrediting agency that has been determined by the Board to have standards equivalent to the Board's ongoing approval standards;(B) complies with Board rules from which it is not exempt; and(C) maintains an acceptable NCLEX-PN® pass rate, as determined by the Board, on the NCLEX-PN® examination.(9) A vocational nursing education program that fails to meet or maintain an acceptable pass rate, as determined by the Board, on NCLEX-PN® examinations is subject to review by the Board.(10) A vocational nursing education program that qualifies for exemption pursuant to paragraph (8) of this subsection, but does not maintain voluntary accreditation through an approved national nursing accrediting agency that has been determined by the Board to have standards equivalent to the Board's ongoing approval standards, is subject to review by the Board.(11) A program that voluntarily closes or from which approval has been withdrawn by the Board may submit a new proposal. A new proposal may not be submitted to the Board until at least twelve (12) calendar months have elapsed from the date the program's voluntary closure is accepted by the Executive Director or from the date of the program's withdrawal of approval by the Board.(12) A vocational nursing education program accredited by a national nursing accrediting agency recognized by the Board shall:(A) provide the Board with copies of any reports submitted to or received from the national nursing accrediting agency selected by the Board within three (3) months of receipt of any official reports;(B) demonstrate accountability for compliance with national nursing accreditation standards and processes and provide copies of approvals for substantive changes from the national nursing accreditation organizations after the program has followed the approval process;(C) notify the Board of any change in accreditation status within two (2) weeks following receipt of an official notification letter; and(D) provide other information required by the Board as necessary to evaluate and establish nursing education and workforce policy in this state.(d) Notice of a change in a program's approval status shall be sent to the director or coordinator and others as determined by the Board. The chief administrative officer of the governing entity shall be notified by the Board when there is a change in approval status of the program.", "sourceNote": "Source Note: The provisions of this §214.4 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective January 10, 2008, 33 TexReg 179; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective December 27, 2010, 35 TexReg 11662; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective August 9, 2018, 43 TexReg 5072; amended to be effective November 23, 2021, 46 TexReg 7878; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216233", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.5", "label": "Philosophy/Mission and Objectives/Outcomes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216234", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The philosophy/mission and objectives/outcomes of the vocational nursing education program shall be consistent with the philosophy/mission of the governing entity. They shall reflect the diversity of the community served and shall be consistent with professional, educational, and ethical standards of nursing.(b) Program objectives/outcomes derived from the philosophy/mission shall reflect the Differentiated Essential Competencies of Graduates of Texas Nursing Programs Evidenced by Knowledge, Clinical Judgment, and Behaviors: Vocational (VN), Diploma/Associate Degree (Diploma/ADN), Baccalaureate Degree (BSN), 2021 (DECs). (c) Clinical objectives/outcomes shall be stated in behavioral terms and shall serve as a mechanism for evaluating student progression.(d) The conceptual framework shall provide the organization of major concepts from the philosophy/mission of the program that provides the underlying structure or theme of the curriculum and facilitates the achievement of program objectives/outcomes.(e) The director/coordinator and the faculty shall periodically review the philosophy/mission and objectives/outcomes and shall make appropriate revisions to maintain currency.", "sourceNote": "Source Note: The provisions of this §214.5 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective December 27, 2010, 35 TexReg 11662; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216234", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.6", "label": "Administration and Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216235", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The governing entity of a vocational nursing education program shall be licensed/approved or deemed exempt by the TWC or the THECB.(b) There shall be an organizational chart indicating lines of authority between the vocational nursing education program and the governing entity.(c) The vocational nursing education program shall have comparable status with other education units within the governing entity in such areas as budgetary authority, rank, promotion, tenure, leave, benefits, and professional development.(d) Salaries shall be adequate to recruit, employ, and retain sufficient qualified nursing faculty members with the expertise necessary for students to meet program goals.(e) The governing entity shall provide financial support and resources needed to operate a vocational nursing education program which meets the requirements of the Board and fosters achievement of program goals. The financial resources shall support adequate educational facilities, equipment, and qualified administrative and instructional personnel.(f) Each vocational nursing education program shall be administered by a qualified individual who is accountable for the planning, implementation, and evaluation of the vocational nursing education program.(1) The director/coordinator shall hold an unencumbered current license or privilege to practice as a registered nurse in the state of Texas.(2) The director/coordinator shall have been actively employed in nursing for the past five (5) years, preferably in administration or teaching, with a minimum of one (1) year teaching experience in a pre-licensure nursing education program.(3) If the director/or coordinator has not been actively employed in nursing for the past five (5) years, the director's or coordinator's advanced preparation in nursing, nursing education, and nursing administration and prior relevant nursing employment may be taken into consideration by Board Staff in evaluating qualifications for the position.(4) The director/coordinator shall have a degree or equivalent experience that will demonstrate competency and advanced preparation in nursing, education, and administration.(5) The director/coordinator must have had five (5) years of varied nursing experience since graduation from a professional nursing education program.(6) In a fully approved vocational nursing education program, other qualifications may be considered if there is supporting evidence that the candidate has sufficient competencies to fulfill the responsibilities.(7) The director or coordinator may have responsibilities other than the program, provided that another qualified nursing faculty member is designated to assist with the program management.(8) A director or coordinator with responsibilities other than the program shall not have major teaching responsibilities.(g) When the director/coordinator or of the program changes, the director/coordinator shall submit to the Board office written notification of the change indicating the final date of employment.(1) A new Dean/Director/Coordinator Qualification Form shall be submitted to the Board office by the governing entity for approval prior to the appointment of a new director/coordinator or an interim director/coordinator in an existing program or a new vocational nursing education program according to Board Education Guideline 3.3.1 available at https://www.bon.texas.gov.(2) A curriculum vitae and all applicable official transcripts for the proposed new director/coordinator shall be submitted with the new Dean/Director/Coordinator Qualification Form, according to Board Education Guideline 3.3.1 available at https://www.bon.texas.gov.(3) If an interim director/coordinator is appointed to fill the position, this appointment shall not exceed one (1) year.(h) A newly appointed director/coordinator or interim director/coordinator of a vocational nursing education program shall attend a scheduled new director/coordinator workshop provided by the Board related to education rules and the role and responsibilities of newly appointed directors/coordinators within one (1) year of his/her hire date in that role.(i) The director/coordinator shall have the authority to direct the vocational nursing education program in all its phases, including approval of teaching staff, selection of appropriate clinical sites, admission, progression, probation, dismissal of students, and enforcement of student policies. Additional responsibilities include, but are not limited to:(1) providing evidence of faculty expertise and knowledge to teach curriculum content;(2) verifying students' completion of program requirements;(3) completing and submitting the Texas Board of Nursing Affidavit of Graduation; and(4) completing and submitting the NEPIS and CANEP by the required dates.(j) The director or coordinator of the nursing program shall notify Board Staff immediately when there is a change in the name of the vocational nursing education program or the governing entity, or when there are changes in contact information.", "sourceNote": "Source Note: The provisions of this §214.6 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective January 10, 2008, 33 TexReg 179; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective December 27, 2010, 35 TexReg 11662; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective August 9, 2018, 43 TexReg 5072; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216235&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216235", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.7", "label": "Faculty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216236", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Faculty Organization.(1) The faculty shall be organized with written policies and procedures and/or bylaws to guide the faculty and program's activities, including processes for enforcement of written student policies.(2) The faculty shall meet regularly and function in such a manner that all members participate in planning, implementing, and evaluating the nursing program. Such participation includes but is not limited to: the initiation and/or change in program policies, personnel policies, curriculum, utilization of affiliating agencies, and program evaluation.(A) Committees necessary to carry out the functions of the program shall be established with duties and membership of each committee clearly defined in writing.(B) Minutes of faculty organization and meetings shall document the reasons for actions and the decisions of the faculty and shall be available for reference.(C) Part-time faculty may participate in all aspects of the program. Clear lines of communication of program policies, objectives, and evaluation criteria shall be included in the policies for part-time faculty.(b) There shall be a Nursing Faculty Handbook that contains written policies for nursing faculty that are in keeping with accepted educational standards and are consistent with the policies of the governing entity. Nursing policies that differ from those of the governing entity shall be consistent with nursing unit mission and goals (philosophy and outcome).(1) Written policies concerning workload for the director or coordinator shall allow for sufficient time for administrative responsibilities consistent with §214.6 of this chapter (relating to Administration and Organization). Written policies for nursing faculty workload shall allow sufficient time for faculty to accomplish those activities related to the teaching-learning process.(2) Personnel policies shall include position descriptions for all members of the nursing program (including the director/coordinator) outlining the qualifications and responsibilities directly related to the nursing program.(3) Written policies for nursing faculty shall also include: terms of employment, plans for faculty orientation to the institution and to the nursing program, resources and opportunities for faculty development and evaluation of faculty, and Nursing Peer Review, as described in §217.19 (relating to Incident-Based Nursing Peer Review and Whistleblower Protections) and §217.20 (relating to Safe Harbor Nursing Peer Review and Whistleblower Protections) of this title.(4) Orientation of new nursing faculty members shall be initiated at the onset of employment.(5) A plan for nursing faculty development shall be offered to encourage and assist faculty members to meet the nursing program's needs as well as individual faculty members' professional development needs.(6) A variety of means shall be used to evaluate faculty performance such as self, student, peer, and administrative evaluation.(c) A vocational nursing education program shall employ sufficient faculty members with educational preparation and expertise necessary to enable the students to meet the program goals. The number of faculty members shall be determined by such factors as:(1) The number and level of students enrolled;(2) The curriculum plan;(3) Activities and responsibilities required of faculty;(4) The number and geographic locations of affiliating agencies and clinical practice settings; and(5) The level of care and acuity of clients.(d) Faculty Qualifications.(1) Documentation of faculty qualifications shall be included in the official files of the program.(2) Each nurse faculty member shall:(A) Hold a current license or privilege to practice nursing in the State of Texas;(B) Have been actively employed in nursing for the past three (3) years or have advanced preparation in nursing, nursing education, and/or nursing administration;(C) Have had three (3) years varied nursing experiences since graduation; and(D) Show evidence of teaching abilities and maintaining current knowledge, clinical expertise, and safety in the subject areas of teaching responsibility.(e) Faculty Waivers.(1) In fully approved programs, if an individual to be appointed as a faculty member does not meet the requirements for faculty as specified in subsection (c) of this section, the director or coordinator is permitted to waive the Board's requirements without Board approval, if the program and prospective faculty member meet the following criteria and after notification to the Board of the intent to waive the Board's faculty requirements for a temporary time period not to exceed one (1) year;(2) Minimum program criteria:(A) program's NCLEX-PN® examination pass rate for the preceding examination year was 80% or above; and(B) total number of faculty waivers at program shall not exceed 10% of the total number of nursing faculty.(3) Minimum criteria for prospective faculty member:(A) hold a current license or privilege to practice as a vocational or registered nurse in the State of Texas;(B) has been actively employed in nursing for at least two (2) years of the last three (3) years;(C) if not actively employed in nursing during the past three (3) years, the prospective faculty's advanced preparation in nursing, nursing education, and nursing administration shall be considered; and(D) prior relevant nursing employment.(4) A waiver is valid for up to one (1) year.(5) If an extension of the waiver is needed, the director or coordinator shall petition Board Staff for an extension of the original waiver.(f) Military faculty. Federal laws and regulations regarding licensure of military nursing personnel shall apply to Texas based military faculty members functioning within vocational nursing education programs.(g) Non-nursing faculty are exempt from meeting the faculty qualifications of this chapter as long as the teaching assignments do not include nursing content or clinical nursing courses.(h) All nursing faculty, as well as non-nursing faculty, who teach non-clinical nursing courses that are part of the nursing curriculum, e.g., biological, physical, social, behavioral and nursing sciences, including, body structure and function, microbiology, pharmacology, nutrition, signs of emotional health, and human growth and development, shall have sufficient educational preparation verified by the program director/coordinator as appropriate to these areas of teaching responsibility.(i) Non-nursing faculty assigned to teach didactic nursing content shall be required to co-teach with nursing faculty in order to meet nursing course objectives.(j) Teaching assignments shall be commensurate with the faculty member's education and experience in nursing.(k) Faculty Responsibilities:(1) supervising students in clinical learning experiences;(2) supervising all initial nursing procedures performed by the student in the clinical area and ascertaining that the student is competent before allowing the student to perform an actual nursing procedure independently;(3) developing, implementing, and evaluating curriculum; and(4) participating in the development, implementation, and enforcement of standards/policies for admission, progression, probation, and dismissal of students, and participation in academic guidance and counseling.(l) Teaching activities shall be coordinated among full-time faculty, part-time faculty, and clinical preceptors.(m) There shall be a minimum of one (1) full-time nursing instructor for the program.(n) A director/coordinator without major teaching or clinical responsibilities shall not be considered a full-time instructor for purposes of meeting the Board's requirements related to having a sufficient number of nursing faculty for a vocational nursing education program.", "sourceNote": "Source Note: The provisions of this §214.7 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective January 9, 2007, 32 TexReg 91; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective December 27, 2010, 35 TexReg 11662; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective August 9, 2018, 43 TexReg 5072; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216236", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.8", "label": "Students" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216237", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The number of students admitted to the program shall be determined by the number of qualified faculty, adequate educational facilities and resources, and the availability of appropriate clinical learning experiences for students.(b) If a program that is accredited by a national nursing accreditation agency plans an increase of enrollment of 25% or more, it must file a substantive change proposal with the accreditation agency. Programs that are not accredited by a national nursing accreditation agency must seek approval prior to an increase in enrollment of twenty-five percent (25%) or greater by headcount in one (1) academic year for each nursing program offered. The program must notify Board Staff four (4) months prior to the anticipated increase in enrollment by following Board Education Guideline 3.5.2 available at https://www.bon.texas.gov. The Executive Director shall have the authority to approve a requested increase in enrollment on behalf of the Board. When determining whether to approve a request for an increase in enrollment under this rule, the Executive Director and/or the Board shall consider:(1) the comparison of previous to projected nursing program enrollment by headcount;(2) enrollment projections and enrollment management plan;(3) the effect of the change of enrollment on faculty workload;(4) clinical placement/utilization;(5) additional resources required by the enrollment increase; and(6) the program's plan to evaluate the effect of the enrollment increase on the program's success.(c) Individuals enrolled in approved vocational nursing education programs preparing students for licensure shall be provided verbal and written information regarding conditions that may disqualify graduates from licensure and of their rights to petition the Board for a Declaratory Order of Eligibility. Required eligibility information includes:(1) Texas Occupations Code §§301.252, 301.257, and 301.452-.469; and(2) Sections 213.27 - 213.30 of this chapter (relating to Good Professional Character, Licensure of Individuals with Criminal History, Fitness to Practice, and Declaratory Order of Eligibility for Licensure).(d) The program shall have a Nursing Student Handbook with well-defined, written nursing student policies based upon statutory and Board requirements, including nursing student admission, dismissal, progression, graduation policies, and policies to ensure students fulfill requirements for obtaining criminal history record information as set forth in the Occupations Code §301.257. Processes shall be in place for policy development, implementation, and enforcement.(1) Student policies shall be in accordance with the requirements of all applicable federal and state agencies.(2) Nursing student policies which differ from those of the governing entity shall be in writing and shall be made available to faculty and students.(3) Applicants shall present evidence of being able to meet objectives/outcomes of the program;(4) All students shall be pretested. Tests shall measure reading comprehension and mathematical ability.(e) Reasons for dismissal from the program shall be clearly stated in written nursing student policies and shall address:(1) behavior evidencing actual or potential harm to patients, clients, or the public;(2) criminal behavior that could affect licensure, as set forth in §213.28 (relating to Licensure of Individuals with Criminal History) of this title;(3) current fitness to practice nursing, as set forth in §213.29 (relating to Fitness to Practice) of this title; and(4) good professional character, as set forth in §213.27 (relating to Good Professional Character) of this title.(f) Policies shall facilitate mobility/articulation, be consistent with acceptable educational standards, and be available to students and faculty.(g) Student policies shall be furnished manually or electronically to all students at the beginning of the students' enrollment in the vocational nursing education program.(1) The program shall maintain a signed receipt of student policies in all students' records.(2) The program shall maintain evidence of student receipt of the Board's licensure eligibility information, as specifically outlined in subsection (c) of this section.(3) It is the responsibility of the program and the nursing faculty to define and enforce nursing student policies.(h) Acceptance of transfer students and evaluation of allowable credit for advanced placement remains at the discretion of the director or coordinator of the program and the governing entity. Upon completing the program's requirements, the transferred student is considered to be a graduate of the program.(i) Students shall have mechanisms for input into the development of academic policies and procedures, curriculum planning, and evaluation of teaching effectiveness.(j) Students shall have the opportunity to evaluate faculty, courses, and learning resources and these evaluations shall be documented.", "sourceNote": "Source Note: The provisions of this §214.8 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective December 27, 2010, 35 TexReg 11662; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective April 19, 2016, 41 TexReg 2752; amended to be effective August 9, 2018, 43 TexReg 5072; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216237", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.9", "label": "Program of Study" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216238", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The program of study shall include both didactic and clinical learning experiences and shall be:(1) at least the equivalent of one (1) academic year and shall not exceed two (2) calendar years;(2) planned, implemented, and evaluated by the faculty;(3) based on the philosophy/mission and objectives/outcomes.(4) organized by subject and content to meet the needs of the program;(5) scheduled with the placement of courses or course content throughout the entire length of the program;(6) based on sound educational principles;(7) designed to prepare graduates to practice according to the Standards of Nursing Practice as set forth in the Board's rules;(8) designed and implemented to prepare students to demonstrate the Differentiated Essential Competencies of Graduates of Texas Nursing Programs Evidenced by Knowledge, Clinical Judgment, and Behaviors: Vocational (VN), Diploma/Associate Degree (Diploma/ADN), Baccalaureate Degree (BSN), 2021 (DECs); and(9) designed to teach students to use a systematic approach to clinical decision making and safe patient care.(b) The faculty shall be responsible for the development, implementation, and evaluation of the curriculum based upon the following guidelines:(1) There shall be a reasonable balance between non-nursing courses and nursing courses that are clearly appropriate for the study of vocational nursing and are offered in a supportive sequence based upon the rationale for the curriculum.(2) Instruction shall be provided in nursing roles; biological, physical, social, behavioral, and nursing sciences, including body structure and function, microbiology, pharmacology, nutrition, signs of emotional health, human growth and development, vocational nursing scope of practice, and nursing skills. Courses may be integrated or separate.(3) Delivery of the curriculum through distance education shall comply with the requirements of this section and §214.10 of this chapter (relating to Clinical Learning Experiences) to ensure that students receive comparable curriculum, supervised clinical learning experiences, and formative and summative evaluations. Faculty must have documented competencies specific to online education.(c) Instruction shall include, but not be limited to: organized student/faculty interactive learning activities, formal lecture, audiovisual presentations, nursing skills laboratory instruction and demonstration, simulated laboratory instruction, and faculty-supervised, hands-on patient care clinical learning experiences.(1) Classroom instruction hours shall include actual hours of classroom instruction in nursing and non-nursing Board-required courses and content.(2) Laboratory activities/instruction in the nursing skills or simulation laboratory may be considered as either classroom instruction hours or clinical learning experience hours.(3) Hours in clinical learning experiences shall be sufficient to meet program of study requirements. There shall be a rationale for the ratio of contact hours assigned to classroom and clinical learning experiences. The suggested ratio is one (1) contact hour of didactic to three (3) contact hours of related clinical learning experiences.(4) Clinical learning experiences shall include actual hours of practice in nursing skills and computer laboratories; simulated clinical experiences; faculty supervised hands-on clinical care; clinical conferences; debriefing; and observation experiences. Observation experiences provide supplemental learning experiences that meet specific learning objectives.(d) Educational mobility shall be a consideration in curriculum design.(e) The program of study shall include, but not be limited to, the five (5) areas described as follows. Faculty-supervised, hands-on patient care clinical learning experiences in acute and non-acute settings may include long-term care, rehabilitation settings, clinics, respite or day care settings, or other settings where the clinical objectives can be met.(1) Nursing Care of Children. Content includes:(A) Common health problems of children and implications for nursing care.(B) Care and needs of infants and children.(C) Growth and development from infancy through adolescence.(D) Influences of the family.(E) Examples of clinical settings may include, but are not limited to: day care settings, clinics, settings providing care to infants, and facilities providing care to sick children.(2) Maternity Nursing. Content includes:(A) Psychological and physiological aspects of pregnancy, labor, and post-partum care.(B) Nursing care to assist mothers in the care of their newborn infants.(C) Examples of clinical experiences may include, but are not limited to: maternity clinics, units providing care for maternity patients, and newborn nurseries.(3) Nursing Care of the Aged. Content includes:(A) Physical, psychological, and cognitive changes associated with the aging process.(B) Implications of aging in planning nursing care.(C) Nursing care of individuals experiencing common health problems associated with aging.(D) Palliative and end-of-life care.(E) Examples of clinical experiences may include but are not limited to: long-term care and rehabilitation settings, acute care units serving adult clients of all ages, clinics, elderly respite or day care settings, nursing homes, and assisted living settings.(4) Nursing Care of Adults. Content includes:(A) Common health problems of adults and implications for nursing care.(B) Physical, psychological, and spiritual components of health and disease.(C) External influences on adult health including the family and community resources.(D) Role of the nurse in preventive, therapeutic, and rehabilitation settings.(E) Clinical experiences may include but are not limited to: acute care settings (long and short term), clinics, and rehabilitation settings.(5) Nursing Care of Individuals with Mental Health Problems. Content includes:(A) Personality development, human needs, common mental defense mechanisms, and factors influencing mental health and mental illness.(B) Common mental disorders and related therapy.(C) Role of the nurse in promoting mental health.(D) Clinical experiences: experiences are optional in psychiatric nursing.(f) The selection and organization of the learning experiences in the curriculum shall provide continuity, sequence, and integration of learning.(1) The learning experiences shall provide for progressive development of values, knowledge, judgment, and skills.(2) Didactic learning experiences shall be provided either prior to or concurrent (at the same time) with the related clinical learning experiences.(3) Clinical learning experiences shall be sufficient in quantity and quality to provide opportunities for students to achieve the stated outcomes.(4) Students shall have sufficient opportunities in simulated or clinical settings to develop technical skills, using contemporary technologies, essential for safe, effective nursing practice.(5) Learning opportunities shall assist students to develop communication and interpersonal relationship skills.(g) Course content shall be appropriate to the role expectations of the graduate.(1) Professional values, including ethics, safety, diversity, and confidentiality shall be addressed.(2) The Nursing Practice Act, Standards of Nursing Practice, Unprofessional Conduct Rules, and other laws and regulations which pertain to various practice settings shall be addressed.(3) The curriculum plan, including course outlines, shall be kept current and available to faculty and Board representatives.(h) Faculty shall develop and implement evaluation methods and tools to measure progression of students' cognitive, affective, and psychomotor achievements in course/clinical objectives, according to Board Education Guideline 3.6.3 available at https://www.bon.texas.gov. A guideline that outlines the effective use of standardized examinations as an evaluation of student progress is Board Education Guideline 3.6.4 available at https://www.bon.texas.gov.(i) Curriculum changes shall be developed by the faculty according to Board standards and shall include information outlined in the Board Education Guideline 3.6.1 available at https://www.bon.texas.gov. The two (2) types of curriculum changes are:(1) Minor curriculum changes not requiring prior Board staff approval, which may include:(A) Editorial updates of philosophy/mission and objectives/outcomes; or(B) Redistribution of course content or course hours; and(2) Major curriculum changes requiring Board staff approval prior to implementation, which may include:(A) Changes in program philosophy/mission and objectives/outcomes which result in a reorganization or re-conceptualization of the entire curriculum, including but not limited to, changing from a block to an integrated curriculum or changing the approved delivery method of the curriculum to methods consistent with distance education/learning;(B) The addition of tracks or alternate programs of study, including advanced placement or Dual-Credit High School programs that provide educational mobility;(C) Revisions in program hours; and(D) Addition/reduction of course(s) in the program of study.(j) Documentation of governing entity approval and appropriate approval from either the TWC or the THECB, if approved/licensed by the TWC or the THECB, must be provided to the Board prior to implementation of changes, as appropriate.(k) Vocational nursing education programs planning major curriculum changes shall submit a curriculum change proposal, as outlined in Board Education Guideline 3.6.1 available at https://www.bon.texas.gov to the Board office for approval at least four (4) months prior to implementation.(l) All vocational nursing education programs implementing any curriculum change shall submit to Board Staff an evaluation of the outcomes of the implemented curriculum change through the first graduating class under the new curriculum.", "sourceNote": "Source Note: The provisions of this §214.9 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective July 10, 2005, 30 TexReg 3996; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective December 27, 2010, 35 TexReg 11662; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective August 10, 2014, 39 TexReg 6046; amended to be effective February 28, 2018, 43 TexReg 1095; amended to be effective May 8, 2018, 43 TexReg 2779; amended to be effective August 9, 2018, 43 TexReg 5072; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216238", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.10", "label": "Clinical Learning Experiences" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191642", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Faculty shall be responsible and accountable for managing clinical learning experiences and observation experiences of students. Board Education Guideline 3.6.2 available at https://www.bon.texas.gov describes the purposes of clinical settings and reported hands-on clinical hours to meet program and course objectives.(b) Faculty shall develop criteria for the selection of affiliating agencies/clinical facilities or clinical practice settings which address safety and the need for students to achieve the program outcomes (goals) and course objectives through the practice of nursing care or observation experiences. Consideration of selection of a clinical site shall include:(1) client census in sufficient numbers to meet the clinical objectives/outcomes of the program/courses; and(2) evidence of collaborative arrangements for scheduling clinical rotations with those facilities that support multiple nursing programs.(c) Faculty shall select and evaluate affiliating agencies/clinical facilities or clinical practice settings which provide students with opportunities to achieve the goals of the program.(1) Written agreements between the program and the affiliating agencies shall be in place before clinical learning experiences begin and shall specify the responsibilities of the program to the agency and the responsibilities of the agency to the program.(2) Agreements shall be reviewed periodically and include provisions for adequate notice of termination and a withdrawal of participation clause indicating a minimum period of time to be given for notice of such withdrawal.(3) Affiliation agreements are optional for those clinical experiences which are observation only.(d) The faculty member shall be responsible for the supervision of students in clinical learning experiences and scheduling of student time and clinical rotations.(e) Clinical learning experiences shall include the administration of medications, health promotion and preventive aspects, nursing care of persons across the life span with acute and chronic illnesses, and rehabilitative care.(1) Students shall participate in instructor-supervised patient teaching.(2) Students shall also be provided opportunities for participation in clinical conferences/debriefing.(3) When a high-fidelity simulation laboratory is used to meet clinical learning objectives, the faculty shall be trained in planning and guiding the experience and in debriefing and evaluating students. Programs may use up to 50% simulation activities in each clinical course.(f) Faculty shall be responsible for student clinical practice evaluations. Clinical evaluation tools shall be correlated with level and/or course objectives and shall include a minimum of a formative and a summative evaluation for each clinical in the curriculum.(g) The following ratios only apply to clinical learning experiences involving direct patient care:(1) When a faculty member is the only person officially responsible for a clinical group, the group shall total no more than ten (10) students.(2) Patient safety shall be a priority and may mandate lower ratios, as appropriate.(3) Clinical learning experiences shall be designed for students to meet clinical objectives in all clinical activities (skills and simulation laboratories and hands-on care).(4) The faculty member shall supervise an assigned group in one (1) facility at a time, unless some portion or all of the clinical group are assigned to observation experiences or to preceptors in additional settings.(5) Direct faculty supervision is not required for an observation experience.(h) Clinical preceptors may be used to enhance clinical learning experiences after a student has received clinical and didactic instruction in all basic areas of nursing.(1) In courses which use clinical preceptors for a portion of clinical learning experiences, faculty shall have no more than twelve (12) students in a clinical group.(2) In a course which uses clinical preceptors as the sole method of student instruction and supervision in clinical settings, faculty shall coordinate the preceptorship for no more than twenty-four (24) students.(3) The preceptor may supervise student clinical learning experiences without the physical presence of the faculty member in the affiliating agency or clinical practice setting.(4) The preceptor shall be responsible for the clinical learning experiences of no more than two (2) students at a time.(i) When faculty use clinical preceptors to enhance clinical learning experiences and to assist faculty in the clinical supervision of students, the following applies:(1) Faculty shall develop written criteria for the selection of clinical preceptors.(2) When clinical preceptors are used, written agreements between the vocational nursing education program, clinical preceptor, and the affiliating agency, when applicable, shall delineate the functions and responsibilities of the parties involved.(3) Faculty shall be readily available to students and clinical preceptors during clinical learning experiences.(4) The designated faculty member shall meet periodically with the clinical preceptors and student(s) for the purpose of monitoring and evaluating learning experiences.(5) Written clinical objectives shall be shared with the clinical preceptors prior to or concurrent with the experience. Written clinical objectives shall be shared with the clinical preceptors prior to or concurrent with the experience.(6) Clinical preceptors shall have the following qualifications:(A) competence in designated areas of practice;(B) philosophy of health care congruent with that of the nursing program; and(C) current licensure or privilege to practice as a licensed nurse in the State of Texas.", "sourceNote": "Source Note: The provisions of this §214.10 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective May 2, 2007, 32 TexReg 2361; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective August 9, 2018, 43 TexReg 5072; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191642", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.11", "label": "Facilities, Resources, and Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The governing entity shall be responsible for providing:(1) educational facilities,(2) resources, and(3) services which support the effective development and implementation of the vocational nursing education program.(b) An appropriately equipped skills laboratory shall be provided to accommodate the maximum number of students allowed for the program and to provide a learning environment where students can receive instruction and demonstrate all basic nursing skills. A simulation laboratory may be provided to enhance clinical learning experiences where students can practice nursing care through planned scenarios that mimic real clinical situations.(1) The laboratories shall be equipped with hot and cold running water.(2) The laboratories shall have adequate storage for equipment and supplies.(c) The director/coordinator and faculty shall have adequate secretarial and clerical assistance to meet the needs of the program.(d) The physical facilities shall be adequate to meet the needs of the program in relation to the size of the faculty and the student body.(1) The director/coordinator shall have a private office.(2) Faculty offices shall be conveniently located and adequate in number and size to provide faculty with privacy for conferences with students and uninterrupted work.(3) Space for clerical staff, records, files, and equipment shall be adequate.(4) There shall be mechanisms which provide for the security of sensitive materials, such as examinations and health records.(5) Classrooms, laboratories, and conference rooms shall be conducive to learning and adequate in number, size, and type for the number of students and the educational purposes for which the rooms are used.(6) Teaching aids shall be provided to meet the objectives/outcomes of the program.(7) Adequate restrooms and lounges shall be provided convenient to the classroom.(e) The learning resources, library, and departmental holdings shall be current, use contemporary technology appropriate for the level of the curriculum, and be sufficient for the size of the student body and the needs of the faculty.(1) Provisions shall be made for accessibility, availability, and timely delivery of information resources.(2) Facilities and policies shall promote effective use, i.e., environment, accessibility, and hours of operation.", "sourceNote": "Source Note: The provisions of this §214.11 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective August 9, 2018, 43 TexReg 5072." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216239", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.12", "label": "Records and Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216240", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Accurate and current records shall be maintained for a minimum of two (2) years in a confidential manner and be accessible to appropriate parties, including Board representatives. These records shall include, but are not limited to:(1) records of current students, including the student's application and required admission documentation, evidence of student's ability to meet objectives/outcomes of the program, final clinical practice evaluations, signed receipt of written student policies furnished by manual and/or electronic means, evidence of student receipt of the Board's licensure eligibility information as specifically outlined in §214.8(c) of this chapter (relating to Students), and the statement of withdrawal from the program, if applicable;(2) faculty records;(3) administrative records, which include minutes of faculty meetings for the past three (3) years, and school catalogs;(4) the current program of study and curriculum including mission and goals (philosophy and outcomes), and course outlines;(5) agreements with affiliating agencies; and(6) the master plan of evaluation with most recent data collection.(b) Record forms may be developed by an individual school.(c) Hospital employment forms are not to be used for student records.(d) Records shall be safely stored to prevent loss, destruction, or unauthorized use.(e) Copies of the program's NEPIS, CANEP, and important Board communications shall be maintained as appropriate.", "sourceNote": "Source Note: The provisions of this §214.12 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective January 10, 2008, 33 TexReg 179; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216240&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216240", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.13", "label": "Total Program Evaluation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217022", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) There shall be a written plan for the systematic evaluation of the effectiveness of the total program following Board Education Guideline 3.8.1 available at https://www.bon.texas.gov. The plan shall include evaluative criteria, methodology, frequency of evaluation, assignment of responsibility, and indicators (benchmarks) of program and instructional effectiveness. The following broad areas shall be periodically evaluated:(1) organization and administration of the program;(2) philosophy/mission and objectives/outcomes;(3) program of study, curriculum, and instructional techniques, including online components of the vocational nursing education program, if applicable;(4) educational facilities, resources, and services;(5) affiliating agencies and clinical learning activities, including simulation experiences;(6) students' achievement;(7) graduates' performance on the licensing examination;(8) graduates' nursing competence;(9) faculty members' performance; and(10) extension sites/campuses.(b) All evaluation methods and instruments shall be periodically reviewed for appropriateness.(c) Implementation of the plan for total program evaluation shall be documented in the minutes.(d) Major changes in the vocational nursing education program shall be evidence-based and supported by rationale.", "sourceNote": "Source Note: The provisions of this §214.13 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective August 9, 2018, 43 TexReg 5072; amended to be effective November 30, 2023, 48 TexReg 6906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217022", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "214", "label": "VOCATIONAL NURSING EDUCATION" }, "rule": { "number": "§214.14", "label": "Use of Standardized Examination Prepared by Private Entity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "159006", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A vocational nursing education program shall not use a student's score on a standardized examination prepared by a private entity:(1) as a graduation requirement; or(2) as the basis for denying the student an affidavit of graduation.(b) A vocational nursing education program shall not use a student's score on one or more standardized examinations prepared by a private entity to account for more than 10 percent of the student's final grade in any course provided under the program. At least 90 percent of a student's final grade in each course provided under the program must be based on metrics other than the student's scores on standardized examinations prepared by a private entity.(c) A vocational nursing education program may use a standardized examination prepared by a private entity only to:(1) familiarize students with computerized testing;(2) assess potential or enrolled students, including by using student scores on standardized examinations prepared by a private entity:(A) as one component of program admissions criteria;(B) in evaluating a student's strengths and weaknesses for remediation purposes; and(C) to identify students who are experiencing academic difficulties and require early remediation; and(3) assess the effectiveness of the program by providing:(A) trend data on student performance;(B) a comparison of student performance with nationwide averages;(C) feedback regarding student knowledge of program content;(D) data necessary to monitor the effectiveness of specific course, level, and program curriculum revisions;(E) data necessary to evaluate the effectiveness of program curriculum content for revision purposes; and(F) a measure of student mastery of program content.(d) A vocational nursing education program that determines, on the basis of a student's score on a standardized examination by a private entity, that the student is in need of remediation, shall not require the student to attend any course offered by the private entity that created the standardized examination.(e) Failure to comply with the requirements of this section will subject a vocational nursing education program to board disciplinary action, including a change in the program's approval status under §214.4 of this title (relating to Approval).", "sourceNote": "Source Note: The provisions of this §214.14 adopted to be effective March 21, 2024, 49 TexReg 1713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "159006", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.1", "label": "General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216213", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The dean/director and faculty are accountable for complying with the Board's rules and regulations and the Nursing Practice Act.(b) Rules for professional nursing education programs shall provide reasonable and uniform standards based upon sound educational principles that allow the opportunity for flexibility, creativity, and innovation.", "sourceNote": "Source Note: The provisions of this §215.1 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective October 23, 2012, 37 TexReg 8304." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216213", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216210", "queryAsDate": "03/11/2026" }, "ruleBody": "Words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:(1) Affidavit of Graduation--an official Board form required in the initial licensure process that is signed by the approved nursing program dean/director verifying that the applicant has successfully completed all requirements for graduation from an approved professional nursing program that meets the requirements set forth in §215.9 of this title (relating to Program of Study).(2) Affiliating agency or clinical facility--a health care facility or agency providing clinical learning experiences for students.(3) Alternative practice settings--settings providing opportunities for clinical learning experiences, including those whose primary function is not the delivery of health care.(4) Approved professional nursing education program--a Board-approved professional nursing education program that meets the requirements set forth in §215.9 of this title and prepares graduates to provide safe nursing care using concepts identified in the Differentiated Essential Competencies (DECs).(5) Articulation--a planned process between two (2) or more educational systems to assist students in making a smooth transition from one (1) level of education to another without duplication in education.(6) Board--the Texas Board of Nursing composed of members appointed by the Governor for the State of Texas.(7) CANEP (Compliance Audit for Nursing Education Programs)--a document required by the Board to be submitted by the professional nursing education program's dean/director that serves as verification of the program's adherence to the requirements of this chapter.(8) Career school or college--an educational entity as defined in Title 3, Texas Education Code, §132.001(1) as a \"career school or college\".(9) Classroom instruction hours--hours allocated to didactic instruction and testing in nursing and non-nursing Board-required courses and content.(10) Clinical learning experiences--faculty-planned and guided learning activities designed to assist students to meet the stated program and course outcomes and to safely apply knowledge and skills when providing nursing care to clients across the life span as appropriate to the role expectations of the graduates. These experiences occur in actual patient care clinical learning situations and in associated clinical conferences; in nursing skills and computer laboratories; and in simulated clinical settings, including high-fidelity, where the activities involve using planned objectives in a realistic patient scenario guided by trained faculty and followed by debriefing and evaluation of student performance. The clinical settings for faculty-supervised hands-on patient care include a variety of affiliating agencies or clinical practice settings, including, but not limited to: acute care and rehabilitation facilities; primary care settings; extended care facilities (long-term care and nursing homes); residential care settings; respite or day care facilities; community or public health agencies; and other settings where actual patients receive nursing care.(11) Clinical preceptor--a registered nurse who meets the requirements in §215.10(j)(6) of this title (relating to Clinical Learning Experiences), who practices in the clinical setting, and who directly supervises clinical learning experiences for no more than two (2) students. A clinical preceptor assists in the evaluation of the student during the experiences and in acclimating the student to the role of nurse. A clinical preceptor facilitates student learning in a manner prescribed by a signed written agreement between the governing entity, preceptor, and affiliating agency (as applicable).(12) Clinical teaching assistant--a registered nurse licensed in Texas, who is employed to assist in the clinical area and work under the supervision of a Master's or Doctoral prepared nursing faculty member and who meets the requirements of §215.10(j)(8) of this title.(13) Conceptual framework--theories or concepts giving structure to the curriculum and guiding faculty in making decisions about curriculum development, implementation, and evaluation.(14) Correlated theory and clinical practice--didactic and clinical experiences that have a reciprocal relationship or mutually complement each other.(15) Course--organized subject content and related activities, that may include face-to-face and/or online didactic, laboratory, and/or clinical experiences, planned to achieve specific objectives within a given time period.(16) Curriculum--course offerings, which in aggregate, make up the total learning activities in a program of study.(17) Dean/director--a registered nurse who is accountable for administering a professional nursing education program, who meets the requirements as stated in §215.6(f) of this title (relating to Administration and Organization), and is approved by the Board.(18) Declaratory Order of Eligibility--an order issued by the Board pursuant to Texas Occupations Code §301.257, determining the eligibility of an individual for initial licensure as a vocational or registered nurse and setting forth both the basis for potential ineligibility and the Board's determination of disclosed eligibility issues.(19) Differentiated Essential Competencies (DECs)--the expected educational outcomes to be demonstrated by nursing students at the time of graduation, as published in the Differentiated Essential Competencies of Graduates of Texas Nursing Programs Evidenced by Knowledge, Clinical Judgment, and Behaviors: Vocational (VN), Diploma/Associate Degree (Diploma/ADN), Baccalaureate Degree (BSN), 2021 (DECs) .(20) Examination year--the period beginning January 1 and ending December 31 used for the purposes of determining a professional nursing education program's annual NCLEX-RN® examination pass rate.(21) Extension site/campus--a location other than the program's main campus where a portion or all of the curriculum is provided.(22) Faculty member--an individual employed to teach in the professional nursing education program who meets the requirements as stated in §215.7 of this title (relating to Faculty).(23) Faculty waiver--a waiver granted by a dean or director of a professional nursing education program to an individual who meets the criteria specified in §215.7(e) of this title.(24) Governing entity--the body with administrative and operational authority over a Board-approved professional nursing education program.(25) Health care professional--an individual other than a registered nurse who holds at least a bachelor's degree in the health care field, including, but not limited to: a respiratory therapist, physical therapist, occupational therapist, dietitian, pharmacist, physician, social worker, and psychologist.(26) MEEP (Multiple Entry-Exit Program)--an exit option which is a part of a professional nursing education program designed for students to complete course work and apply to take the NCLEX-PN® examination after they have successfully met all requirements needed for the examination.(27) Mobility--the ability to advance without educational barriers.(28) NEPIS (Nursing Education Program Information Survey)--a document required by the Board to be submitted by the professional nursing education program dean/director to provide annual workforce data.(29) Non-nursing faculty--instructors who teach non-nursing content, such as pharmacology, pathophysiology, research, management and statistics, and who have educational preparation appropriate to the assigned teaching responsibilities. (30) Nursing Clinical Judgment--the observed outcome of critical thinking and decision-making that uses nursing knowledge to observe and access presenting situations, identify a prioritized client concern, and generate the best possible evidence-based solutions in order to deliver safe client care. It is a decision-making model that is consistent with the nursing process model where the nurse determines and implements nursing intervention based on recognizing and analyzing patient cues (assessment and analysis), prioritizing hypotheses and generating solutions (planning), taking action (implementation), and evaluating outcomes.(31) Objectives/Outcomes--expected student behaviors that are attainable and measurable.(A) Program Objectives/Outcomes--broad statements describing student learning outcomes achieved upon graduation.(B) Clinical Objectives/Outcomes--expected student behaviors for clinical learning experiences that provide evidence of progression of students' cognitive, affective, and psychomotor achievement in clinical practice across the curriculum.(C) Course Objectives/Outcomes--expected student outcomes upon successful completion of specific course content, serving as a mechanism for the evaluation of student progression.(32) Observation experience--a clinical learning experience where a student is assigned to follow a health care professional in a facility or unit and to observe activities within the facility/unit and/or the role of nursing within the facility/unit, but where the student does not participate in hands-on patient/client care.(33) Pass rate--the percentage of first-time candidates within the examination year, as that term is defined in paragraph (20) of this section, who pass the National Council Licensure Examination for Registered Nurses (NCLEX-RN®).(34) Philosophy/Mission--statement of concepts expressing fundamental values and beliefs as they apply to nursing education and practice and upon which the curriculum is based.(35) Professional Nursing Education Program--an education unit that offers courses and learning experiences preparing graduates who are competent to practice nursing safely and who are eligible to take the NCLEX-RN® examination, often referred to as a pre-licensure nursing program. Types of pre-licensure professional nursing education programs:(A) Associate degree nursing education program--a program leading to an associate degree in nursing conducted by an education unit in nursing within the structure of a public institution of higher education or a private or independent institution of higher education, as defined in Texas Education Code §61.003; a private postsecondary educational institution, as defined in Texas Education Code §61.302; or a career school or college, as defined in Texas Education Code §132.001 authorized to grant associate degrees.(B) Baccalaureate degree nursing education program--a program leading to a bachelor's degree in nursing conducted by an education unit in nursing which is a part of a public institution of higher education or a private or independent institution of higher education, as defined in Texas Education Code §61.003; a private postsecondary educational institution, as defined in Texas Education Code §61.302; or a career school or college, as defined in Texas Education Code §132.001 authorized to grant baccalaureate degrees.(C) Master's degree pre-licensure nursing education program--a program leading to a master's degree, which is an individual's first professional degree in nursing, and conducted by an education unit in nursing within the structure of a college or university authorized to grant graduate degrees.(D) Diploma nursing education program--a program leading to a diploma in nursing conducted by a single purpose school, usually under the control of a hospital.(36) Program of study--the courses and learning experiences that constitute the requirements for completion of a professional nursing education program.(37) Recommendation--a specific suggestion based upon program assessment that is indirectly related to the rules to which the program must respond but in a method of their choosing.(38) Requirement--mandatory criterion based upon program assessment that is directly related to the rules that must be addressed in the manner prescribed.(39) Shall--denotes mandatory requirements.(40) Simulation--activities that mimic the reality of a clinical environment and are designed to demonstrate procedures, decision-making, and critical thinking. A simulation may be very detailed and closely imitate reality, or it can be a grouping of components that are combined to provide some semblance of reality. Components of simulated clinical experiences include providing a scenario where the nursing student can engage in a realistic patient situation guided by trained faculty and followed by a debriefing and evaluation of student performance. Simulation provides a teaching strategy to prepare nursing students for safe, competent, hands-on practice.(41) Staff--employees of the Texas Board of Nursing.(42) Supervision--immediate availability of a faculty member, clinical preceptor, or clinical teaching assistant to coordinate, direct, and observe first hand the practice of students.(43) Survey visit--a virtual or on-site visit to a professional nursing education program by a Board representative. The purpose of the visit is to evaluate the program of study by gathering data to determine whether the program is in compliance with Board requirements. A visit to a program with an approval status other than full approval focuses on examining factors that may have contributed to the changed approval status and implementation of corrective measures. (44) Systematic approach--the organized nursing process approach that provides individualized, goal-directed nursing care whereby the registered nurse engages in:(A) performing comprehensive nursing assessments regarding the health status of the client;(B) analyzing patient cues and establishing a plan of care based on nursing science and evidence-based practice;(C) making nursing diagnoses that serve as the basis for the strategy of care;(D) implementing nursing care based on the registered nurse's nursing clinical judgment; and(E) evaluating the client's responses to nursing interventions. (45) Texas Higher Education Coordinating Board (THECB) the state agency described in Texas Education Code, Title 3, Subtitle B, Chapter 61.(45) Texas Higher Education Coordinating Board (THECB) the state agency described in Texas Education Code, Title 3, Subtitle B, Chapter 61.(46) Texas Workforce Commission (TWC)--the state agency described in Texas Labor Code, Title 4, Subtitle B, Chapter 301.", "sourceNote": "Source Note: The provisions of this §215.2 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective February 19, 2008, 33 TexReg 1328; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective December 27, 2010, 35 TexReg 11668; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective August 9, 2018, 43 TexReg 5074; amended to be effective February 15, 2021, 46 TexReg 1059; amended to be effective November 23, 2021, 46 TexReg 7879; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216210&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216210", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.3", "label": "Program Development, Expansion, and Closure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216211", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) New Programs.(1) New professional nursing education programs must be approved by the Board in order to operate in the State of Texas. The Board has established guidelines for the initial approval of professional nursing education programs.(2) Proposal to establish a new professional nursing education program.(A) The proposal to establish a new professional nursing education program may be submitted by:(i) a college, university, or career school or college accredited by an agency recognized by the THECB or holding a certificate of authority from the THECB under provisions leading to accreditation of the institution; or(ii) a single-purpose school, such as a hospital, proposing a new diploma program.(B) The new professional nursing education program must be approved/licensed or deemed exempt by the appropriate Texas agency, the THECB, or the TWC, as applicable, before approval can be granted by the Board for the program to be implemented. The proposal to establish a new professional nursing education program may be submitted to the Board at the same time that an application is submitted to the THECB or the TWC, but the proposal cannot be approved by the Board until such time as the proposed program is approved by the THECB or the TWC. If the governing entity has nursing programs in other jurisdictions, the submitted program proposal must include evidence that the nursing programs' NCLEX-RN® pass rates are at least 80% for the current examination year, as that term is defined in §215.2(20) of this title (relating to Definitions), and that the nursing programs hold full approval from the state boards of nursing in the other states and are in good standing. Evidence of poor performance by a governing entity's nursing program in another jurisdiction is sufficient grounds for denial of a proposal. Additionally, a proposal will be denied by the Board in accordance with governing statutory requirements.(C) The process to establish a new professional nursing education program shall be initiated by a letter of intent from the governing entity to the Board office. A program proposal must be ready for the Board's consideration of approval within one (1) year from the date of receipt of the initial proposal draft in the Board's office. If the proposal is not ready for the Board's consideration within this time period, the proposal will be considered withdrawn or will be presented to the Board at its next regularly scheduled meeting, with a Staff recommendation of denial/disapproval.(D) The individual writing the proposal for a new professional nursing education program shall be the proposed director and shall meet the qualifications for the program director as specified in §215.6(f) of this title (relating to Administration and Organization).(E) At least one (1) potential faculty member shall be identified before the curriculum development to assist in planning the program of study.(F) The proposal shall include information outlined in Board Education Guideline 3.1.1 available at https://www.bon.texas.gov.(G) A proposal for a new diploma nursing education program must include a written plan addressing the legislative mandate that all nursing diploma programs in Texas must have a process in place to ensure that their graduates are entitled to receive a degree from a public or private institution of higher education accredited by an agency recognized by the THECB or the TWC, as applicable, and, at a minimum, entitle a graduate of the diploma program to receive an associate degree in nursing.(H) After the proposal is submitted and determined to be complete, a preliminary survey visit may be conducted by Board Staff.(I) The proposal shall be considered by the Board following a public hearing at a regularly scheduled meeting of the Board. The Board may approve the proposal and grant initial approval to the new program, may defer action on the proposal, or may deny further consideration of the proposal. In order to ensure success of newly approved programs, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary.(i) In addition to imposing restrictions and conditions, the Board may also require specific monitoring of newly approved programs that may be high-risk.(ii) A program may be considered high-risk if it meets one or more of the following criteria, including, but not limited to: unfamiliarity of the governing entity with nursing education; inexperience of the potential dean or director in directing a nursing program; potential for director or faculty turnover; multiple admission cycles per year; lack of rigor in admission criteria; use of a national curriculum; or potential for a high attrition rate among students. If the director has no experience in the director role, an appropriate mentor will be required to assist the director during the first year of operation.(iii) Board monitoring of a high-risk program may include the review and analysis of program reports; extended communication with program deans and directors; and additional survey visits. A monitoring plan may require the submission of quarterly reports of students' performance in courses and clinical learning experiences; remediation strategies and attrition rates; and reports from an assigned mentor to the program director. Additional survey visits by a Board representative may be conducted at appropriate intervals to evaluate the status of the program. The Board may alter a monitoring plan as necessary to address the specific needs of a particular program.(J) The program shall not enroll students until the Board approves the proposal and grants initial approval.(K) Prior to presentation of the proposal to the Board, evidence of approval from the appropriate regulatory agencies shall be provided.(L) When the proposal is submitted, an initial approval fee shall be assessed per §223.1 of this title (relating to Fees).(M) A proposal without action for one (1) calendar year shall be considered withdrawn and a new proposal application and fee, as set forth in §223.1 of this title (relating to Fees) will be required to begin the new proposal process again.(N) If the Board denies a proposal, the educational unit in nursing within the structure of a school, including a college, university, or career school or college, or a hospital must wait a minimum of twelve (12) calendar months from the date of the denial before submitting a new proposal to establish a professional nursing education program.(3) Survey visits shall be conducted, as necessary, by staff until full approval status is granted.(b) Extension Site/Campus.(1) Only professional nursing education programs that have full approval with a current NCLEX-RN® examination pass rate of 80% or better and are in compliance with Board rules are eligible to initiate or modify an extension site/campus.(2) Instruction provided for the extension site/campus may include a variety of instructional methods, shall be consistent with the main campus program's current curriculum, and shall enable students to meet the goals, objectives, and competencies of the professional nursing education program and requirements of the Board as stated in §§215.1 - 215.13 of this title (relating to Professional Nursing Education).(3) An approved professional nursing education program desiring to establish an extension site/campus that is consistent with the main campus program's current curriculum and teaching resources shall comply with Board Education Guideline 3.1.5 available at https://www.bon.texas.gov and:(A) Complete and submit an application form for approval of the extension site to Board Staff at least four (4) months prior to implementation of the extension site/campus; and(B) Provide information in the application form that evidences:(i) a strong rationale for the establishment of the extension site in the community;(ii) availability of a qualified director or coordinator, if applicable, and qualified faculty;(iii) adequate educational resources (classrooms, labs, and equipment);(iv) documentation of communication and collaboration with other programs within fifty (50) miles of the extension site;(v) currently signed contracts from clinical affiliating agencies to provide clinical practice settings for students;(vi) projected student enrollments for the first two (2) years;(vii) plans for quality instruction;(viii) a planned schedule for class and clinical learning activities for one (1) year; and(ix) notification or approval from the governing entity and from other regulatory/accrediting agencies, as required. This includes regional approval of out-of-service extension sites for public colleges.(4) When the curriculum of the extension site/campus deviates from the original program in any way, the proposed extension is viewed as a new program and Board Education Guideline 3.1.1 available at https://www.bon.texas.gov applies.(5) Extension programs of professional nursing education programs which have been closed may be reactivated by submitting notification of reactivation to the Board at least four (4) months prior to reactivation, using Board Education Guideline 3.1.5 available at https://www.bon.texas.gov.(6) A program intending to close an extension site/campus shall:(A) Notify the Board office at least four (4) months prior to closure of the extension site/campus; and(B) Submit required information according to Board Education Guideline 3.1.7 available at https://www.bon.texas.gov, including:(i) reason for closing the program;(ii) date of intended closure;(iii) academic provisions for students; and(iv) provisions made for access to and storage of vital school records.(c) Transfer of Administrative Control by Governing Entity. The authorities of the governing entity shall notify the Board office in writing of an intent to transfer the administrative authority of the program. This notification shall follow Board Education Guideline 3.1.6 available at https://www.bon.texas.gov.(d) Closing a Program.(1) When the decision to close a program has been made, the dean or director must notify the Board by submitting a written plan for closure complying with Board Education Guideline 3.1.7 available at https://www.bon.texas.gov, which includes the following:(A) reason for closing the program;(B) date of intended closure;(C) academic provisions for students to complete the professional nursing education program and teach-out arrangements that have been approved by the appropriate Texas agency (i.e., the THECB, the TWC, or the Board);(D) provisions made for access to and safe storage of vital school records, including transcripts of all graduates; and(E) methods to be used to maintain requirements and standards until the program closes.(2) The program shall continue within standards until all students enrolled in the professional nursing education program at the time of the decision to close have graduated. In the event this is not possible, a plan shall be developed whereby students may transfer to other approved programs.(3) A program is deemed closed when the program has not enrolled students for a period of two (2) years since the last graduating class or student enrollment has not occurred for a two (2) year period. Board-ordered enrollment suspensions may be an exception.(4) A program's voluntary closure under this section may be accepted by the Executive Director of the Board without requirement of Board ratification. Notice of a program's accepted closure shall be sent to the director or coordinator and others as determined by the Board. The chief administrative officer of the governing entity shall be notified by the Board when the program's closure is accepted by the Executive Director. The program shall then be removed from the list of Board approved professional nursing education programs.(5) A program that has voluntarily closed under this section may reapply for approval. However, a new proposal may not be submitted to the Board until at least twelve (12) calendar months from the date the program's closure was accepted by the Executive Director have elapsed.(6) A program submitting its voluntary closure under this section must comply with all of the requirements of this section.(e) Approval of a Professional Nursing Education Program Outside Texas' Jurisdiction to Conduct Clinical Learning Experiences in Texas.(1) The professional nursing education program outside Texas' jurisdiction seeking approval to conduct clinical learning experiences in Texas should initiate the process with the Board at least four (4) months prior to the anticipated start date of the clinical learning experiences in Texas.(2) A written request, the required fee set forth in §223.1(a)(20) of this title, and all required supporting documentation shall be submitted to the Board office following Board Education Guideline 3.1.3 available at https://www.bon.texas.gov.(A) Evidence that the program has been approved/licensed or deemed exempt from approval/licensure by the appropriate Texas agency, (i.e., the THECB, the TWC) to conduct business in the State of Texas, must be provided before approval can be granted by the Board for the program to conduct clinical learning experiences in Texas.(B) Evidence that the program's NCLEX-RN® examination rate is at least 80% for the current examination year, as that term is defined in §215.2(20) of this title (relating to Definitions).(C) The Board may withdraw the approval of any program that fails to maintain the requirements set forth in Board Education Guideline 3.1.3 available at https://www.bon.texas.gov and this section.", "sourceNote": "Source Note: The provisions of this §215.3 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective February 19, 2008, 33 TexReg 1328; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective December 27, 2010, 35 TexReg 11668; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective October 1, 2013, 38 TexReg 6596; amended to be effective January 31, 2017, 42 TexReg 312; amended to be effective August 9, 2018, 43 TexReg 5074; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216211", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.4", "label": "Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216212", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The progressive designation of approval status is not implied by the order of the following listing. Approval status is based upon each program's performance and demonstrated compliance to the Board's requirements and responses to the Board's recommendations. Change from one status to another is based on NCLEX-RN® examination pass rates, compliance audits, survey visits, and other factors listed under subsection (b) of this section. Types of approval include:(1) Initial Approval.(A) Initial approval is written authorization by the Board for a new program to enroll students, is granted if the program meets the requirements and addresses the recommendations issued by the Board, and begins with the date of the first student enrollment.(B) The number of students to be enrolled while the program is on initial approval is determined by the Board, and the requirements will be included in the Board's Order approving the program.(C) Change from initial approval status to full approval status cannot occur until the program has demonstrated compliance with this chapter, has met requirements and responded to all recommendations issued by the Board, and the NCLEX-RN® examination pass rate is at least 80% after a full examination year. In order to ensure the continuing success of the program, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary for continued operation and/or as a condition for changing the approval status.(2) Full Approval.(A) Full approval is granted by the Board to a professional nursing education program that is in compliance with all Board requirements and has responded to all Board recommendations.(B) Only programs with full approval status may initiate extension programs and grant faculty waivers.(3) Full with warning or initial approval with warning is issued by the Board to a professional nursing education program that is not meeting the Board's requirements.(A) A program issued a warning will receive written notification from the Board of the warning and a survey visit will be conducted.(B) Following the survey visit, the program will be given a list of identified areas of concern and a specified time in which to respond with a set of corrective measures. Further, in order to ensure the continuing success of the program, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary for continued operation and/or as a condition for changing the approval status.(4) Conditional Approval. Conditional approval is issued by the Board for a specified time to provide the program opportunity to correct any areas of concern identified by the Board or from findings in the program's self-study report.(A) The program shall not enroll students while on conditional status.(B) The Board may establish specific criteria to be met in order for the program's conditional approval status to be changed.(C) Depending upon the degree to which the Board's requirements are currently being or have been met, the Board may change the program's approval status or may withdraw approval. In order to ensure the continuing success of the program, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary for continued operation and/or as a condition for changing the approval status.(5) Withdrawal of Approval. The Board may withdraw approval from a program which fails to meet the Board's requirements within the specified time. A program may also elect to voluntarily close a program, as provided for in subsection (c)(12) of this section. The dean/director shall submit a plan for closure according to Board Education Guideline 3.1.7 available at https://www.bon.texas.gov and outlined in subsection (d) of this section.(6) When a program closes by Board action or voluntary decision, the program will be removed from the list of Board approved professional nursing education programs, but students may complete the program in teach-out.(7) A diploma program of study in Texas that leads to an initial license as a registered nurse under this chapter must have a process in place to ensure that their graduates are entitled to receive a degree from a public or private institution of higher education accredited by an agency recognized by the THECB or the TWC, as applicable. At a minimum, a graduate of a diploma program will be entitled to receive an associate degree in nursing.(b) Factors Jeopardizing Program Approval Status.(1) When a program demonstrates non-compliance with Board requirements, approval status may be changed, approval may be withdrawn, or the Board, in its discretion, may impose restrictions or conditions it deems appropriate and necessary. In addition to imposing restrictions or conditions, the Board may also require additional monitoring of the program. Board monitoring may include the review and analysis of program reports; extended communication with program directors; and additional survey visits. A monitoring plan may require the submission of quarterly reports of students' performance in courses and clinical learning experiences; remediation strategies and attrition rates; and reports from an assigned mentor to the program director. Additional survey visits by a Board representative may be conducted at appropriate intervals to evaluate the status of the program. The Board may alter a monitoring plan as necessary to address the specific needs of a particular program.(2) A change in approval status, requirements for restrictions or conditions, or a monitoring plan may be issued by the Board for any of the following reasons:(A) deficiencies in compliance with the rule;(B) substantiated student complaints;(C) noncompliance with school's stated philosophy/mission, program design, objectives/outcomes, and/or policies;(D) failure to submit records and reports to the Board office within designated time frames;(E) failure to provide sufficient variety and number of clinical learning opportunities for students to achieve stated objectives/outcomes;(F) failure to comply with Board requirements or to respond to Board recommendations within the specified time;(G) student enrollments without resources to support the program, including sufficient qualified faculty, adequate educational facilities, and appropriate clinical affiliating agencies;(H) failure to maintain an 80% passing rate on the licensing examination by first-time candidates;(I) failure of program director/dean to verify the currency of faculty licenses; or(J) other activities or situations that demonstrate to the Board that a program is not meeting Board requirements or lacks institutional control necessary for successful student outcomes.(c) Ongoing Approval Procedures. Ongoing approval status is determined biennially by the Board on the basis of information reported or provided in the program's NEPIS and CANEP, NCLEX-PN® examination pass rates, program compliance with this chapter, and other program outcomes. Certificates of Board approval will be sent to all Board-approved nursing programs biennially in even-numbered years.(1) Compliance Audit. Each approved professional nursing education program shall submit a biennial CANEP regarding its compliance with the Board's requirements.(2) NCLEX-RN® Pass Rates. The annual NCLEX-RN® examination pass rate for each professional nursing education program is determined by the percentage of first time test-takers who pass the examination during the examination year.(A) A minimum of eighty percent (80%) of first-time NCLEX-RN® candidates is required to achieve a passing score on the NCLEX-RN® examination during the examination year.(B) When the passing score of first-time NCLEX-RN® candidates is less than 80% on the examination during the examination year, the nursing program shall submit a Self-Study Report that evaluates factors that may have contributed to the graduates' performance on the NCLEX-RN® examination and a description of the corrective measures to be implemented. The report shall comply with Board Education Guideline 3.2.1 available at https://www.bon.texas.gov. Within one year of the submission of the Self-Study Report to the Board, the program shall provide to Board Staff evaluation data on the effectiveness of corrective measures implemented.(3) Change in Approval Status. The progressive designation of a change in approval status is not implied by the order of the following listing. A change in approval status is based upon each program's performance and demonstrated compliance to the Board's requirements and responses to the Board's recommendations. A change from one approval status to another may be determined by program outcomes, including the NCLEX-RN® examination pass rates, compliance audits, survey visits, and other factors listed under subsection (b) of this section.(A) A warning may be issued to a program when:(i) the pass rate of first-time NCLEX-RN® candidates, as described in paragraph (2)(A) of this subsection, is less than 80% for two (2) consecutive examination years; or(ii) the program has been in violation of Board requirements.(B) A program may be placed on conditional approval status if:(i) the pass rate of first-time candidates, as described in paragraph (2)(A) of this subsection, is less than 80% for three (3) consecutive examination years;(ii) the faculty fails to implement appropriate corrective measures identified in the Self-Study Report or survey visit;(iii) the program has continued to engage in activities or situations that demonstrate to the Board that the program is not meeting Board requirements and standards or lacks institutional control necessary for successful student outcomes; or(iv) the program persists despite the existence of multiple deficiencies mentioned in subsection (b) of this section.(C) Approval may be withdrawn if:(i) the performance of first-time NCLEX-RN® candidates fails to be at least 80% during the examination year following the date the program is placed on conditional approval;(ii) the program is consistently unable to meet requirements of the Board; or(iii) the program continues to engage in activities or situations that demonstrate to the Board that the program is not meeting Board requirements and standards or lacks institutional control necessary for successful student outcomes.(D) The Board may consider a change in approval status at a regularly scheduled Board meeting for a program on initial, full approval, full approval with warning, or conditional approval if:(i) the program's pass rate for first-time NCLEX-RN® candidates during the examination year is at least 80%; and(ii) the program has met all Board requirements.(E) The Board may, in its discretion, change the approval status of a program on full approval with warning or impose a monitoring plan. The Board may restrict enrollment.(F) The Board may, in its discretion, change the approval status of a program on conditional approval or impose a monitoring plan. The Board may restrict enrollment.(4) Survey Visit. Each professional nursing education program shall be visited at least once every six (6) years after full approval has been granted, unless accredited by a Board-recognized national nursing accrediting agency.(A) Board Staff may conduct a survey visit at any time based upon Board Education Guideline 3.2.2 available at https://www.bon.texas.gov.(B) After a program is fully approved by the Board, a report from a Board-recognized national nursing accrediting agency regarding a program's accreditation status may be accepted in lieu of a Board survey visit.(C) A written report of the survey visit, information from the program's NEPIS and CANEP, and NCLEX-RN® examination pass rates shall be reviewed by the Board at a regularly scheduled meeting.(5) The Board will select one (1) or more national nursing accrediting agencies, recognized by the United States Department of Education, and determined by the Board to have standards equivalent to the Board's ongoing approval standards according to Board Education Guideline 3.2.3 available at https://www.bon.texas.gov. Identified areas that are not equivalent to the Board's ongoing approval standards will be monitored by the Board on an ongoing basis.(6) The Board will periodically review the standards of the national nursing accrediting agencies following revisions of accreditation standards or revisions in Board requirements for validation of continuing equivalency.(7) Accredited Programs. The Board may review and/or change the approval status of an accredited professional nursing education program that fails to:(A) meet the prescribed program of study or other Board requirement;(B) maintain voluntary accreditation with the national nursing accrediting agency selected by the Board; or(C) maintain the approval of the state board of nursing of another state that the Board has determined has standards that are substantially equivalent to the Board's standards under which it was approved.(8) A professional nursing education program is considered approved by the Board and exempt from Board rules that require ongoing approval as described in Board Education Guideline 3.2.3 available at https://www.bon.texas.gov if the program:(A) is accredited and maintains voluntary accreditation through an approved national nursing accrediting agency that has been determined by the Board to have standards equivalent to the Board's ongoing approval standards;(B) complies with Board rules from which it is not exempt; and(C) maintains an acceptable NCLEX-RN® pass rate, as determined by the Board, on the NCLEX-RN® examination.(9) A professional nursing education program that fails to meet or maintain an acceptable NCLEX-RN® pass rate, as determined by the Board, on NCLEX-RN® examinations is subject to review by the Board.(10) A professional nursing education program that qualified for exemption pursuant to paragraph (8) of this subsection, but does not maintain voluntary accreditation through an approved national nursing accrediting agency that has been determined by the Board to have standards equivalent to the Board's ongoing approval standards, is subject to review by the Board.(11) A program that voluntarily closes or from which approval has been withdrawn by the Board may submit a new proposal. A new proposal may not be submitted to the Board until at least twelve (12) calendar months have elapsed from the date the program's voluntary closure is accepted by the Executive Director or from the date of the program's withdrawal of approval by the Board.(12) A professional nursing education program accredited by a national nursing accrediting agency recognized by the Board shall:(A) provide the Board with copies of any reports submitted to or received from the national nursing accrediting agency selected by the Board within three (3) months of receipt of any official reports;(B) demonstrate accountability of compliance with national nursing accreditation standards and processes and provide copies of approvals for substantive changes from the national nursing accreditation organizations after the program has followed the approval process;(C) notify the Board of any change in accreditation status within two (2) weeks following receipt of an official notification letter; and(D) provide other information required by the Board as necessary to evaluate and establish nursing education and workforce policy in this state.(d) Notice of a change in a program's approval status shall be sent to the dean or director and others as determined by the Board. The chief administrative officer of the governing entity shall be notified when there is a change of approval status of the program.", "sourceNote": "Source Note: The provisions of this §215.4 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective February 19, 2008, 33 TexReg 1328; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective December 27, 2010, 35 TexReg 11668; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective August 9, 2018, 43 TexReg 5074; amended to be effective November 23, 2021, 46 TexReg 7880; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216212", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.5", "label": "Philosophy/Mission and Objectives/Outcomes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216214", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The philosophy/mission and objectives/outcomes of the professional nursing education program shall be consistent with the philosophy/mission of the governing entity. They shall reflect the diversity of the community served and shall be consistent with professional, educational, and ethical standards of nursing.(b) Program objectives/outcomes derived from the philosophy/mission shall reflect the Differentiated Essential Competencies of Graduates of Texas Nursing Programs Evidenced by Knowledge, Clinical Judgment, and Behaviors: Vocational (VN), Diploma/Associate Degree (Diploma/ADN), Baccalaureate Degree (BSN), 2021 (DECs). (c) Clinical objective/outcomes shall be stated in behavioral terms and shall serve as a mechanism for evaluating student progression.(d) The conceptual framework shall provide the organization of major concepts from the philosophy/mission of the program that provides the underlying structure or theme of the curriculum and facilitates the achievement of the program objectives/outcomes.(e) The dean/director and the faculty shall periodically review the philosophy/mission and objectives/outcomes and shall make appropriate revisions to maintain currency.", "sourceNote": "Source Note: The provisions of this §215.5 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective December 27, 2010, 35 TexReg 11668; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective September 28, 2014, 39 TexReg 7735; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216214", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.6", "label": "Administration and Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216215", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The governing entity of a professional nursing education program, not including a diploma program, must be accredited by an agency recognized by the THECB or hold a certificate of authority from the THECB under provisions leading to accreditation of the institution in due course.(b) There shall be an organizational chart which demonstrates the relationship of the professional nursing education program to the governing entity and indicates lines of responsibility and authority.(c) In colleges and universities, the professional nursing education program shall have comparable status with other academic units within the governing entity in such areas as budgetary authority, rank, promotion, tenure, leave, benefits, and professional development.(d) Salaries shall be adequate to recruit, employ, and retain sufficient qualified nursing faculty members with graduate preparation and expertise necessary for students to meet program goals.(e) The governing entity shall provide financial support and resources needed to operate a professional nursing education program which meets the requirements of the Board and fosters achievement of program goals. The financial resources shall support adequate educational facilities, equipment, and qualified administrative and instructional personnel.(f) Each professional nursing education program shall be administered by a qualified individual who is accountable for the planning, implementation, and evaluation of the professional nursing education program. The dean or director shall:(1) hold an unencumbered current license or privilege to practice as a registered nurse in the state of Texas;(2) hold a master's degree or a doctoral degree in nursing;(3) hold a doctoral degree, if administering a baccalaureate or master's degree program;(4) have a minimum of two (2) years teaching experience in a professional nursing education program;(5) have demonstrated knowledge, skills, and abilities in administration within a professional nursing education program; and(6) not carry a teaching load of more than three (3) clock hours per week if required to teach.(g) In a fully approved professional nursing education program, other qualifications may be considered if there is supporting evidence that the candidate has sufficient competencies to fulfill the responsibilities.(h) When the dean/director of the program changes, the dean/director shall submit to the Board office written notification of the change indicating the final date of employment.(1) A new Dean/Director/Coordinator Qualification Form shall be submitted to the Board office by the governing entity for approval prior to the appointment of a new dean/director or interim dean/director in an existing program or a new professional nursing education program according to Board Education Guideline 3.3.1 available at https://www.bon.texas.gov.(2) A curriculum vitae and all official transcripts for the proposed new dean/director shall be submitted with the new Dean/Director/Coordinator Qualification Form according to Board Education Guideline 3.3.1 available at https://www.bon.texas.gov.(3) If an interim dean/director is appointed to fill the position, this appointment shall not exceed one (1) year.(i) A newly appointed dean/director or interim dean/director of a professional nursing education program shall attend a scheduled new dean/director orientation workshop provided by the Board related to education rules and the role and responsibilities of newly appointed deans/directors within one (1) year of his/her hire date in that role.(j) The dean/director shall have the authority to direct the professional nursing education program in all its phases, including approval of teaching staff, selection of appropriate clinical sites, admission, progression, probation, dismissal of students, and enforcement of student policies. Additional responsibilities include, but are not limited to:(1) providing evidence of faculty expertise and knowledge to teach curriculum content;(2) verifying students' completion of program requirements;(3) completing and submitting the Texas Board of Nursing Affidavit of Graduation; and(4) completing and submitting the NEPIS and CANEP by the required dates.(k) The dean or director of the nursing program shall notify Board Staff immediately when there is a change in the name of the professional nursing education program or the governing entity, or when there are changes in the contact information.", "sourceNote": "Source Note: The provisions of this §215.6 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective August 11, 2005, 30 TexReg 4480; amended to be effective January 10, 2008, 33 TexReg 183; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective August 9, 2018, 43 TexReg 5074; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216215", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.7", "label": "Faculty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216216", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Faculty Organization.(1) The faculty shall be organized with written policies and procedures and/or bylaws to guide the faculty and program's activities, including processes for enforcement of written student policies.(2) The faculty shall meet regularly and function in such a manner that all members participate in planning, implementing, and evaluating the nursing program. Such participation includes, but is not limited to: the initiation and/or change in program policies, personnel policies, curriculum, utilization of affiliating agencies, and program evaluation.(A) Committees necessary to carry out the functions of the program shall be established with duties and membership of each committee clearly defined in writing.(B) Minutes of faculty organization and meetings shall document the reasons for actions and the decisions of the faculty and shall be available for reference.(C) Part-time faculty may participate in all aspects of the program. Clear lines of communication of program policies, objectives, and evaluation criteria shall be included in the policies for part-time faculty.(b) There shall be a Nursing Faculty Handbook that contains written policies for nursing faculty that are in keeping with accepted educational standards and are consistent with the policies of the governing entity. Nursing policies that differ from those of the governing entity shall be consistent with nursing unit mission and goals (philosophy and outcome).(1) Written policies concerning workload for the director or coordinator shall allow for sufficient time for administrative responsibilities consistent with §215.6 of this title (relating to Administration and Organization). Written policies for nursing faculty workload shall allow sufficient time for faculty to accomplish those activities related to the teaching-learning process.(2) Personnel policies shall include position descriptions for all members of the nursing program (including the director/coordinator) outlining the qualifications and responsibilities directly related to the nursing program.(3) Written policies for nursing faculty shall also include: terms of employment, plans for faculty orientation to the institution and to the nursing program, resources and opportunities for faculty development and evaluation of faculty, and Nursing Peer Review, as described in §217.19 (relating to Incident-Based Nursing Peer Review and Whistleblower Protections) and §217.20 (relating to Safe Harbor Nursing Peer Review and Whistleblower Protections) of this title.(4) Orientation of new nursing faculty members shall be initiated at the onset of employment.(5) A plan for nursing faculty development shall be offered to encourage and assist faculty members to meet the nursing program's needs as well as individual faculty members' professional development needs.(6) A variety of means shall be used to evaluate faculty performance such as self, student, peer, and administrative evaluation.(c) A professional nursing education program shall employ sufficient faculty members with educational preparation and expertise necessary to enable the students to meet the program goals. The number of faculty members shall be determined by such factors as:(1) The number and level of students enrolled;(2) The curriculum plan;(3) Activities and responsibilities required of faculty;(4) The number and geographic locations of affiliating agencies and clinical practice settings; and(5) The level of care and acuity of clients.(d) Faculty Qualifications.(1) Documentation of faculty qualifications shall be included in the official files of the program.(2) Each nurse faculty member shall:(A) Hold a current license or privilege to practice as a registered nurse in the State of Texas;(B) Show evidence of teaching abilities and maintaining current knowledge, clinical expertise, and safety in the subject areas of teaching responsibility;(C) Hold a master's degree or doctoral degree, preferably in nursing;(D) A nurse faculty member holding a master's degree or doctoral degree in a discipline other than nursing shall hold a bachelor's degree in nursing from an approved or accredited baccalaureate program in nursing; and(i) if teaching in a diploma or associate degree nursing program, shall have at least six (6) graduate semester hours in nursing appropriate to assigned teaching responsibilities, or(ii) if teaching in a baccalaureate level program, shall have at least twelve (12) graduate semester hours in nursing appropriate to assigned teaching responsibilities.(e) Faculty Waivers.(1) In fully approved programs, if an individual to be appointed as a faculty member does not meet the requirements for faculty as specified in subsection (c) of this section, the dean or director is permitted to waive the Board's requirements, without Board approval, if the program and prospective faculty member meet the following criteria and after notification to the Board of the intent to waive the Board's faculty requirements for a temporary time period not to exceed one (1) year:(2) Minimum program criteria:(A) program's NCLEX-RN® pass rate for the preceding examination year was 80% or above; and(B) total number of faculty waivers at program shall not exceed 10% of the total number of nursing faculty.(3) Minimum criteria for prospective faculty member:(A) hold a current license or privilege to practice as a registered nurse in the State of Texas;(B) has at least two (2) years in the last four (4) years of nursing practice experience in the anticipated subject areas of teaching responsibility;(C) has earned a bachelor's degree in nursing or completed, as part of a nursing education program culminating in a master's or doctorate degree in nursing, the course work equivalent to the course work required for a bachelor's degree in nursing; and either(i) is currently enrolled in a master's nursing education program and has earned a minimum of 50% of the required credits toward the master's degree in nursing, excluding thesis or professional paper; or(ii) holds a master's degree in another field and has a documented plan to complete, within a designated time frame, the required number of graduate semester hours in nursing appropriate to the anticipated subject areas of teaching responsibility, six (6) graduate semester hours in nursing to teach in a diploma or associate degree nursing education program or twelve (12) graduate semester hours in nursing to teach in a baccalaureate degree or entry-level master's degree in nursing education program.(4) When the program does not meet the minimum program criteria or the prospective faculty member does not meet the minimum criteria for a faculty member, a petition for an emergency waiver may be submitted to the Board Staff for approval when a vacancy occurs because a faculty member fails to report as planned, i.e., sudden illness or death of a faculty member, or there is an unexpected resignation, or qualified applicants/prospective faculty are not available.(5) A waiver is valid for up to one (1) year.(6) If an extension of the waiver is needed, the dean or director shall petition Board Staff for an extension of the original waiver.(f) Non-nursing faculty are exempt from meeting the faculty qualifications of this chapter as long as the teaching assignments do not include nursing content or clinical nursing courses.(g) All nursing faculty, as well as non-nursing faculty, who teach non-clinical nursing courses that are part of the nursing curriculum, e.g., biological, physical, social, behavioral and nursing sciences, including pathophysiology, pharmacology, research, nutrition, human growth and development, management, and statistics, shall have sufficient graduate level educational preparation verified by the program dean or director as appropriate to these areas of responsibility.(h) Non-nursing faculty assigned to teach didactic nursing content shall be required to co-teach with nursing faculty in order to meet nursing course objectives.(i) Teaching assignments shall be commensurate with the faculty member's education and experience in nursing.(j) Faculty Responsibilities:(1) supervising students in clinical learning experiences;(2) supervising all initial nursing procedures performed by the student in the clinical area and ascertaining that the student is competent before allowing the student to perform an actual nursing procedure independently;(3) developing, implementing, and evaluating curriculum; and(4) participating in the development, implementation, and enforcement of standards/policies for admission, progression, probation, and dismissal of students, and participation in academic guidance and counseling.(k) Teaching activities shall be coordinated among full-time faculty, part-time faculty, clinical preceptors, and clinical teaching assistants.(l) There shall be a minimum of one (1) full-time nursing instructor for the program.(m) A dean/director without major teaching or clinical responsibilities shall not be considered a full-time instructor for purposes of meeting the Board's requirements related to having a sufficient number of nursing faculty for a professional nursing education program.", "sourceNote": "Source Note: The provisions of this §215.7 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective August 11, 2005, 30 TexReg 4480; amended to be effective January 9, 2007, 32 TexReg 92; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective August 9, 2018, 43 TexReg 5074; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216216", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.8", "label": "Students" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216217", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The number of students admitted to the program shall be determined by the number of qualified faculty, adequate educational facilities and resources, and the availability of appropriate clinical learning experiences for students.(b) If a program that is accredited by a national nursing accreditation agency plans an increase of enrollment of 25% or more, it must file a substantive change proposal with the accreditation agency. Programs that are not accredited by a national nursing accreditation agency must seek approval prior to an increase in enrollment of twenty-five percent (25%) or greater by headcount in one (1) academic year for each nursing program offered. The program must notify Board Staff four (4) months prior to the anticipated increase in enrollment by following Board Education Guideline 3.5.2 available at https://www.bon.texas.gov. The Executive Director shall have the authority to approve an increase in enrollment on behalf of the Board. When determining whether to approve a request for an increase in enrollment under this rule, the Executive Director and/or the Board shall consider:(1) the comparison of previous to projected nursing program enrollment by headcount;(2) enrollment projections and enrollment management plan;(3) the effect of the change of enrollment on faculty workload;(4) clinical placement/utilization;(5) additional resources required by the enrollment increase; and(6) the program's plan to evaluate the effect of the enrollment increase on the program's success.(c) Individuals enrolled in approved professional nursing education programs preparing students for licensure shall be provided verbal and written information regarding conditions that may disqualify graduates from licensure and of their rights to petition the Board for a Declaratory Order of Eligibility. Required eligibility information includes:(1) Texas Occupations Code §§301.252, 301.257, and 301.452 - 301.469; and(2) Sections 213.27 - 213.30 of this title (relating to Good Professional Character, Licensure of Individuals with Criminal History, Fitness to Practice, and Declaratory Order of Eligibility for Licensure).(d) The program shall have a Nursing Student Handbook with well-defined, written nursing student policies based upon statutory and Board requirements, including nursing student admission, dismissal, progression, graduation policies, and policies to ensure students fulfill requirements for obtaining criminal history record information as set forth in the Occupations Code §301.257. Processes shall be in place for policy development, implementation, and enforcement.(1) Student policies shall be in accordance with the requirements of all applicable federal and state agencies.(2) Nursing student policies which differ from those of the governing entity shall be in writing and shall be made available to faculty and students.(e) Reasons for dismissal from the program shall be clearly stated in written nursing student policies and shall address:(1) behavior evidencing actual or potential harm to patients, clients, or the public;(2) criminal behavior that could affect licensure, as set forth in §213.28 (relating to Licensure of Individuals with Criminal History) of this title;(3) current fitness to practice nursing, as set forth in §213.29 (relating to Fitness to Practice) of this title; and(4) good professional character, as set forth in §213.27 (relating to Good Professional Character) of this title.(f) Policies shall facilitate mobility/articulation, be consistent with acceptable educational standards, and be available to students and faculty.(g) Student policies shall be furnished manually or electronically to all students at the beginning of the students' enrollment in the professional nursing education program.(1) The program shall maintain a signed receipt of student policies in all students' records.(2) The program shall maintain evidence of student receipt of the Board's licensure eligibility information as specifically outlined in subsection (c) of this section.(3) It is the responsibility of the program and the nursing faculty to define and enforce nursing student policies.(h) Acceptance of transfer students and evaluation of allowable credit for advanced placement remains at the discretion of the dean or director of the program and the governing entity. Upon completing the program's requirements, the transferred student is considered to be a graduate of the program.(i) Students shall have mechanisms for input into the development of academic policies and procedures, curriculum planning, and evaluation of teaching effectiveness.(j) Students shall have the opportunity to evaluate faculty, courses, and learning resources and these evaluations shall be documented.", "sourceNote": "Source Note: The provisions of this §215.8 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective December 27, 2010, 35 TexReg 11668; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective April 19, 2016, 41 TexReg 2753; amended to be effective August 9, 2018, 43 TexReg 5074; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216217&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216217", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.9", "label": "Program of Study" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216218", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The program of study shall include both didactic and clinical learning experiences and shall be:(1) at least the equivalent of two (2) academic years and shall not exceed four (4) calendar years;(2) planned, implemented, and evaluated by the faculty;(3) based on the philosophy/mission and objectives/outcomes; (4) organized logically, sequenced appropriately;(5) based on sound educational principles;(6) designed to prepare graduates to practice according to the Standards of Nursing Practice as set forth in the Board's Rules and Regulations;(7) designed and implemented to prepare students to demonstrate the Differentiated Essential Competencies of Graduates of Texas Nursing Programs Evidenced by Knowledge, Clinical Judgment, and Behaviors: Vocational (VN), Diploma/Associate Degree (Diploma/ADN), Baccalaureate Degree (BSN), 2021 (DECs) ; and(8) designed to teach students to use a systematic approach to clinical decision making and safe patient care.(b) The faculty shall be responsible for the development, implementation, and evaluation of the curriculum based upon the following guidelines:(1) There shall be a reasonable balance between non-nursing courses and nursing courses that are clearly appropriate for collegiate study and are offered in a supportive sequence based upon the rationale for the curriculum.(2) Instruction shall be provided in nursing roles; biological, physical, social, behavioral, and nursing sciences, including body structure and function, microbiology, pharmacology, nutrition, signs of emotional health, human growth and development; and nursing skills.(3) Delivery of the curriculum through distance education shall comply with the requirements of this section and §215.10 of this title (relating to Clinical Learning Experiences) to ensure that students receive comparable curriculum, supervised clinical learning experiences, and formative and summative evaluations. Faculty must have documented competencies specific to online education.(c) Instruction shall include, but not be limited to: organized student/faculty interactive learning activities, formal lecture, audiovisual presentations, nursing skills laboratory instruction and demonstration, simulated laboratory instruction, and faculty-supervised, hands-on patient care clinical learning experiences.(1) Classroom instruction hours shall include actual hours of classroom instruction in nursing and non-nursing Board-required courses/content.(2) Laboratory activities/instruction in the nursing skills or simulation laboratory may be considered as either classroom instruction hours or clinical learning experience hours.(3) Clinical learning experiences shall include actual hours of practice in nursing skills and computer laboratories; simulated clinical experiences; faculty supervised hands-on clinical care; clinical conferences; debriefing; and observation experiences. Observation experiences provide supplemental learning experiences to meet specific learning objectives.(4) Hours in clinical learning experiences shall be sufficient to meet program of study requirements. There shall be a rationale for the ratio of contact hours assigned to classroom and clinical learning experiences. The suggested ratio is one (1) contact hour of didactic to three (3) contact hours of related clinical learning experiences (1:3).(d) Associate degree nursing education programs shall develop formal articulation agreements to enable graduates to earn a bachelor's degree in nursing in a timely manner.(e) The program of study shall include, but not be limited to, the following areas:(1) non-nursing courses, clearly appropriate for collegiate study, offered in a supportive sequence.(2) nursing courses which include didactic and clinical learning experiences in the five (5) content areas, medical-surgical, geriatric, maternal/child health, pediatrics, and mental health nursing that teach students to use a systematic approach to clinical decision-making and prepare students to safely practice professional nursing through the promotion, prevention, rehabilitation, maintenance, restoration of health, and palliative and end-of-life care for individuals across the lifespan.(A) Course content shall be appropriate to the role expectations of the graduate.(B) Professional values including ethics, safety, diversity, and confidentiality shall be addressed.(C) The Nursing Practice Act, Standards of Nursing Practice, Unprofessional Conduct Rules, Delegation Rules, and other laws and regulations which pertain to various practice settings shall be addressed.(3) Nursing courses shall prepare students to recognize and analyze patient, family, and environmental cues and use critical thinking in making nursing clinical judgments.(4) Baccalaureate and entry-level master's degree programs in nursing shall include learning activities in basic research and management/leadership, and didactic and clinical learning experiences in community health nursing.(f) The selection and organization of the learning experiences in the curriculum shall provide continuity, sequence, and integration of learning.(1) The learning experiences shall provide for progressive development of values, knowledge, judgment, and skills.(2) Didactic learning experiences shall be provided either prior to or concurrent (at the same time) with the related clinical learning experiences.(3) Clinical learning experiences shall be sufficient in quantity and quality to provide opportunities for students to achieve the stated outcomes.(4) Students shall have sufficient opportunities in simulated or clinical settings to develop technical skills, using contemporary technologies, essential for safe, effective nursing practice. (5) Learning opportunities shall assist students to develop communication and interpersonal skills.(g) The curriculum plan and course content shall be appropriate to the role expectations of the graduate and shall be kept current and available to faculty and Board representatives.(h) Faculty shall develop and implement evaluation methods and tools to measure progression of students' cognitive, affective, and psychomotor achievements in course/clinical objectives, according to Board Education Guideline 3.6.3 available at https://www.bon.texas.gov. A guideline that outlines the effective use of standardized examinations as an evaluation of student progress is Board Education Guideline 3.6.4 available at https://www.bon.texas.gov.(i) Curriculum changes shall be developed by the faculty according to Board standards and shall include information outlined in the Board Education Guideline 3.6.1 available at https://www.bon.texas.gov. The two (2) types of curriculum changes are:(1) Minor curriculum changes not requiring prior Board Staff approval include:(A) Editorial updates of philosophy/mission and objectives/outcomes; or(B) Redistribution of course content or course hours; and(2) Major curriculum changes requiring Board staff approval prior to implementation include:(A) Changes in program philosophy/mission and objectives/outcomes which result in a reorganization or re-conceptualization of the entire curriculum including, but not limited to, changing from a block to an integrated curriculum or changing the approved delivery method of the curriculum to methods consistent with distance education/learning; (B) The addition of transition course(s), tracks/alternative programs of study, including MEEP and Dual-Credit High School programs, that provide educational mobility;(C) Revisions in program hours; and(D) Addition/reduction of course(s) in the program of study. (j) Documentation of governing entity approval and appropriate approval from either the TWC or the THECB, if approved/licensed by the TWC or the THECB, must be provided to the Board prior to implementation of changes, as appropriate.(k) Professional nursing education programs planning major curriculum changes shall submit a curriculum change proposal, as outlined in Board Education Guideline 3.6.1 available at https://www.bon.texas.gov, to the Board office for approval at least four (4) months prior to implementation.(l) All professional nursing education programs implementing any curriculum change shall submit to Board Staff an evaluation of the outcomes of the implemented curriculum change through the first graduating class under the new curriculum.", "sourceNote": "Source Note: The provisions of this §215.9 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective December 27, 2010, 35 TexReg 11668; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective August 10, 2014, 39 TexReg 6047; amended to be effective August 9, 2018, 43 TexReg 5074; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216218", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.10", "label": "Clinical Learning Experiences" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191652", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Faculty shall be responsible and accountable for managing clinical learning experiences and observation experiences of students. Board Education Guideline 3.6.2 available at https://www.bon.texas.gov describes the purposes of clinical settings and reported hands-on clinical hours to meet program and course objectives.(b) Faculty shall develop criteria for the selection of affiliating agencies/clinical facilities or clinical practice settings which address safety and the need for students to achieve the program outcomes (goals) and course objectives through the practice of nursing care or observation experiences. Consideration of selection of a clinical site shall include:(1) client census in sufficient numbers to meet the clinical objectives/outcomes of the program/courses; and(2) evidence of collaborative arrangements for scheduling clinical rotations with those facilities that support multiple nursing programs.(c) Faculty shall select and evaluate affiliating agencies/clinical facilities or clinical practice settings which provide students with opportunities to achieve the goals of the program.(1) Written agreements between the program and the affiliating agencies shall be in place before clinical learning experiences begin and shall specify the responsibilities of the program to the agency and the responsibilities of the agency to the program.(2) Agreements shall be reviewed periodically and include provisions for adequate notice of termination and a withdrawal of participation clause indicating a minimum period of time to be given for notice of such withdrawal.(3) Affiliation agreements are optional for those clinical experiences which are observation only.(d) The faculty member shall be responsible for the supervision of students in clinical learning experiences and for scheduling of student time and clinical rotations.(e) Clinical learning experiences shall include the administration of medications, health promotion and preventive aspects, nursing care of persons across the life span with acute and chronic illnesses, and rehabilitative care.(1) Students shall participate in instructor-supervised patient teaching.(2) Students shall also be provided opportunities for participation in clinical conferences/debriefing.(3) When a high-fidelity simulation laboratory is used to meet clinical learning objectives, the faculty shall be trained in planning and guiding the experience and in debriefing and evaluating students. Programs may use up to 50% simulation activities in each clinical course.(f) Faculty shall be responsible for student clinical practice evaluations. Clinical evaluation tools shall be correlated with level and/or course objectives and shall include a minimum of a formative and a summative evaluation for each clinical in the curriculum.(g) The following ratios only apply to clinical learning experiences involving direct patient care:(1) When a faculty member is the only person officially responsible for a clinical group, the group shall total no more than ten (10) students.(2) Patient safety shall be a priority and may mandate lower ratios, as appropriate.(3) Clinical learning experiences shall be designed for students to meet clinical objectives in all clinical activities (skills and simulation laboratories and hands-on care).(4) The faculty member shall supervise an assigned group in one (1) facility at a time, unless some portion or all of the clinical group are assigned to observation experiences or to preceptors in additional settings.(5) Direct faculty supervision is not required for an observation experience.(h) Clinical preceptors may be used to enhance clinical learning experiences after a student has received clinical and didactic instruction in all basic areas of nursing.(1) In courses which use clinical preceptors for a portion of clinical learning experiences, faculty shall have no more than twelve (12) students in a clinical group.(2) In a course which uses clinical preceptors as the sole method of student instruction and supervision in clinical settings, faculty shall coordinate the preceptorship for no more than twenty-four (24) students.(3) The preceptor may supervise student clinical learning experiences without the physical presence of the faculty member in the affiliating agency or clinical practice setting.(4) The preceptor shall be responsible for the clinical learning experiences of no more than two (2) students at a time.(i) Clinical teaching assistants may assist qualified, experienced faculty with clinical learning experiences.(1) In clinical learning experiences where a faculty member is assisted by a clinical teaching assistant, the ratio of faculty to students shall not exceed two (2) to fifteen (15).(2) Clinical teaching assistants shall supervise student clinical learning experiences only when the qualified and experienced faculty member is physically present in the affiliating agency or alternative practice setting.(j) When faculty use clinical preceptors or clinical teaching assistants to enhance clinical learning experiences and to assist faculty in the clinical supervision of students the following applies:(1) Faculty shall develop written criteria for the selection of clinical preceptors and clinical teaching assistants.(2) When clinical preceptors or clinical teaching assistants are used, written agreements between the professional nursing education program, clinical preceptor or clinical teaching assistant, and the affiliating agency, when applicable, shall delineate the functions and responsibilities of the parties involved.(3) Faculty shall be readily available to students and clinical preceptors or clinical teaching assistants during clinical learning experiences.(4) The designated faculty member shall meet periodically with the clinical preceptors or clinical teaching assistants and student(s) for the purpose of monitoring and evaluating learning experiences.(5) Written clinical objectives shall be shared with the clinical preceptors or clinical teaching assistants prior to or concurrent with the experience.(6) Clinical preceptors shall have the following qualifications:(A) competence in designated areas of practice;(B) philosophy of health care congruent with that of the nursing program; and(C) current licensure or privilege to practice as a registered nurse in the State of Texas.(7) When acting as a clinical teaching assistant, the registered nurse shall not be responsible for other staff duties, such as supervising other personnel and/or patient care.(8) Clinical teaching assistants shall meet the following criteria:(A) hold a current license or privilege to practice as a registered nurse in the State of Texas; and(B) have the clinical expertise to function effectively and safely in the designated area of teaching.", "sourceNote": "Source Note: The provisions of this §215.10 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective May 2, 2007, 32 TexReg 2361; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective August 9, 2018, 43 TexReg 5074; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191652", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.11", "label": "Facilities, Resources, and Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216219", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The governing entity shall be responsible for providing:(1) educational facilities;(2) resources; and(3) services which support the effective development and implementation of the professional nursing education program.(b) An appropriately equipped skills laboratory shall be provided to accommodate the maximum number of students allowed for the program and to provide a learning environment where students can receive instruction and demonstrate all basic nursing skills. A simulation laboratory may be provided to enhance clinical learning experiences where students can practice nursing care through planned scenarios that mimic real clinical situations.(1) The laboratories shall be equipped with hot and cold running water.(2) The laboratories shall have adequate storage for equipment and supplies.(c) The dean/director and faculty shall have adequate secretarial and clerical assistance to meet the needs of the program.(d) The physical facilities shall be adequate to meet the needs of the program in relation to the size of the faculty and the student body.(1) The dean/director shall have a private office.(2) Faculty offices shall be conveniently located and adequate in number and size to provide faculty with privacy for conferences with students and uninterrupted work.(3) Space for clerical staff, records, files, and equipment shall be adequate.(4) There shall be mechanisms which provide for the security of sensitive materials, such as examinations and health records.(5) Classrooms, laboratories, and conference rooms shall be conducive to learning and adequate in number, size, and type for the number of students and the educational purposes for which the rooms are used.(6) Teaching aids shall be provided to meet the objectives/outcomes of the program.(7) Adequate restrooms and lounges shall be provided convenient to the classroom.(e) The learning resources, library, and departmental holdings shall be current, use contemporary technology appropriate for the level of the curriculum, and be sufficient for the size of the student body and the needs of the faculty.(1) Provisions shall be made for accessibility, availability, and timely delivery of information resources.(2) Facilities and policies shall promote effective use, i.e. environment, accessibility, and hours of operation.", "sourceNote": "Source Note: The provisions of this §215.11 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective August 9, 2018, 43 TexReg 5074." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216219&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216219", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.12", "label": "Records and Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216220", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Accurate and current records shall be maintained for a minimum of two (2) years in a confidential manner and be accessible to appropriate parties, including Board representatives. These records shall include, but are not limited to:(1) records of current students, including the student's application and required admission documentation, evidence of student's ability to meet objectives/outcomes of the program, final clinical practice evaluations, signed receipt of written student policies furnished by manual and/or electronic means, evidence of student receipt of the Board's licensure eligibility information as specifically outlined in §215.8(c) of this chapter (relating to Students), and the statement of withdrawal from the program, if applicable;(2) faculty records;(3) administrative records, which include minutes of faculty meetings for the past three (3) years, and school catalogs;(4) the current program of study and curriculum including mission and goals (philosophy and outcomes), and course outlines;(5) agreements with affiliating agencies; and(6) the master plan of evaluation with most recent data collection.(b) Record forms may be developed by an individual school.(c) Hospital employment forms are not to be used for student records.(d) Records shall be safely stored to prevent loss, destruction, or unauthorized use.(e) Copies of the program's CANEP, NEPIS, and important Board communications shall be maintained as appropriate.", "sourceNote": "Source Note: The provisions of this §215.12 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective January 10, 2008, 33 TexReg 183; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216220", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.13", "label": "Total Program Evaluation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217023", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) There shall be a written plan for the systematic evaluation of the effectiveness of the total program following Board Education Guideline 3.8.1 available at https://www.bon.texas.gov. The plan shall include evaluative criteria, methodology, frequency of evaluation, assignment of responsibility, and indicators (benchmarks) of program and instructional effectiveness. The following broad areas shall be periodically evaluated:(1) organization and administration of the program;(2) philosophy/mission and objectives/outcomes;(3) program of study, curriculum, and instructional techniques, including online components of the professional nursing education program, if applicable;(4) education facilities, resources, and services;(5) affiliating agencies and clinical learning activities, including simulation experiences;(6) students' achievement;(7) graduates' performance on the licensing examination;(8) graduates' nursing competence;(9) faculty members' performance; and(10) extension sites/campuses.(b) All evaluation methods and instruments shall be periodically reviewed for appropriateness.(c) Implementation of the plan for total program evaluation shall be documented in the minutes.(d) Major changes in the professional nursing education program shall be evidence-based and supported by rationale.", "sourceNote": "Source Note: The provisions of this §215.13 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective August 9, 2018, 43 TexReg 5074; amended to be effective November 30, 2023, 48 TexReg 6907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217023", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "215", "label": "PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§215.14", "label": "Use of Standardized Examination Prepared by Private Entity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193276", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A professional nursing education program shall not use a student's score on a standardized examination prepared by a private entity:(1) as a graduation requirement; or(2) as the basis for denying the student an affidavit of graduation.(b) A professional nursing education program shall not use a student's score on one or more standardized examinations prepared by a private entity to account for more than 10 percent of the student's final grade in any course provided under the program. At least 90 percent of students' final grade in each course provided under the program must be based on metrics other than students' scores on standardized examinations prepared by a private entity.(c) A professional nursing education program may use a standardized examination prepared by a private entity only to:(1) familiarize students with computerized testing;(2) assess potential or enrolled students, including by using student scores on a standardized examination prepared by a private entity:(A) as one component of program admissions criteria;(B) in evaluating a student's strengths and weaknesses for remediation purposes; and(C) to identify students who are experiencing academic difficulties and require early remediation; and(3) assess the effectiveness of the program by providing:(A) trend data on student performance;(B) a comparison of student performance with nationwide averages;(C) feedback regarding student knowledge of program content;(D) data necessary to monitor the effectiveness of specific course, level, and program curriculum revisions;(E) data necessary to evaluate the effectiveness of program curriculum content for revision purposes; and(F) a measure of student mastery of program content.(d) A professional nursing education program that determines, on the basis of a student's score on a standardized examination by a private entity, that the student is in need of remediation, shall not require the student to attend any course offered by the private entity that created the standardized examination.(e) Failure to comply with the requirements of this section will subject a professional nursing education program to board disciplinary action, including a change in the program's approval status under §215.4 of this chapter (relating to Approval).", "sourceNote": "Source Note: The provisions of this §215.14 adopted to be effective March 21, 2024, 49 TexReg 1714." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193276", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193277", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Academic course--A specific set of learning experiences offered in an accredited school, college or university.(2) Advanced Practice Registered Nurse (APRN)--A registered nurse who:(A) has completed a graduate-level advanced practice registered nursing education program that prepares him or her for one of the four APRN roles;(B) has passed a national certification examination recognized by the Board that measures APRN role and population focused competencies;(C) maintains continued competence as evidenced by re-certification/certification maintenance in the role and population focus area of licensure through the national certification program;(D) practices by building on the competencies of registered nurses by demonstrating a greater depth and breadth of knowledge, a greater synthesis of data, and greater role autonomy, as permitted by state law;(E) is educationally prepared to assume responsibility and accountability for health promotion and/or maintenance, as well as the assessment, diagnosis, and management of patient problems, including the use and prescription of pharmacologic and non-pharmacologic interventions in compliance with state law;(F) has clinical experience of sufficient depth and breadth to reflect the intended practice; and(G) has been granted a license to practice as an APRN in one of the four APRN roles and at least one population focus area recognized by the Board.(3) Approved--Recognized as having met established standards and predetermined criteria of the:(A) credentialing agencies recognized by the Board (applies to providers and programs); and(B) certifying bodies accredited by a national certification accreditation agency recognized by the Board.(4) Area of Practice--Any activity, assignment, or task in which the nurse utilized nursing knowledge, judgment, or skills during the licensing period. If a nurse does not have a current area of practice, the nurse may refer to his or her most recent area of practice.(5) Audit--A random sample of licensees selected to verify satisfactory completion of the Board's requirements for continuing competency during a biennial licensing period.(6) Authorship--Development and publication of a manuscript related to nursing and health care that is published in a nursing or health-related textbook or journal.(7) Board--The Texas Board of Nursing.(8) Certification--National nursing certification from an approved certifying body accredited by a national accreditation agency recognized by the Board.(9) Competency--The application of knowledge and the interpersonal, decision-making and psychomotor skills expected for the nurse's practice role, within the context of public health, safety, and welfare.(10) Contact hour--a measure of time, determined by Board recognized credentialing agencies and providers of continuing education, awarded to participants for successful completion of continuing education offerings.(11) Continuing Nursing Education (CNE)--Programs and activities beyond the basic scholastic preparation which are designed to promote and enrich knowledge, improve skills, and develop attitudes for the enhancement of nursing practice, thus improving health care to the public.(12) Continuing education offering--An organized educational program or activity approved through an external review process based on a predetermined set of criteria. The review is conducted by an organization(s) recognized by the Board to approve programs and providers.(13) Credentialing agency--An organization recognized by the Board as having met nationally predetermined criteria to approve programs and providers of CNE.(14) Licensing period--Period of time in which nursing licensure status is current; determined by the licensee's birth month and year, usually beginning on the first day of the month after the birth month and ending on the last day of the birth month. The specific time frame for initial licensure and for the immediate licensing period following renewal of a delinquent license or license reactivation may vary from six months to 29 months, as determined by Board policies; subsequent licensing periods will be two years in length.(15) Prescriptive authority--Authorization granted to an APRN who meets the requirements to prescribe or order a drug or device, as set forth in Chapter 222 of this title (relating to Advanced Practice Registered Nurses with Prescriptive Authority).(16) Program development and/or presentation--Formulation of the purpose statement, objectives and associated content and/or presentation of an approved CNE activity.(17) Program number--A unique number assigned to a continuing education offering upon approval which shall identify it regardless of the number of times it is presented.(18) Provider--An individual, partnership, organization, agency or institution approved by an organization recognized by the Board which offers continuing education programs and activities.(19) Provider number--A unique number assigned to the provider of continuing education upon approval by the credentialing agency or organization.(20) Shall, will, and must--Mandatory requirements.(21) Targeted continuing education--Continuing education offerings beyond the basic scholastic preparation which are designed to promote and enrich knowledge, improve skills, and develop attitudes for the enhancement of nursing practice that are directed by statute and Board rules at specific levels of licensure and/or areas of practice.", "sourceNote": "Source Note: The provisions of this §216.1 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective October 4, 2010, 35 TexReg 8917; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective November 10, 2014, 39 TexReg 8693; amended to be effective December 5, 2018, 43 TexReg 7766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193277", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.2", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197071", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of continuing competency is to ensure that nurses stay abreast of current industry practices, enhance their professional competence, learn about new technology and treatment regimens, and update their clinical skills. Continuing education in nursing includes programs and activities beyond the basic scholastic preparation which are designed to promote and enrich knowledge, improve skills, and develop attitudes for the enhancement of nursing practice, thus improving health care to the public. National nursing certification is another method of demonstrating continuing competence. Pursuant to authority set forth in the Occupations Code §§301.152, 301.303, 301.304, 301.305, 301.306, and 301.307, the Board requires participation in continuing competency activities for license renewal. The procedures set forth in these rules provide guidance to fulfilling the continuing competency requirements. The Board encourages nurses to choose continuing education offerings that relate to their work setting and area of practice or to attain, maintain, or renew an approved national nursing certification in their practice area, which benefits the public welfare.", "sourceNote": "Source Note: The provisions of this §216.2 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective December 5, 2018, 43 TexReg 7766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197071", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.3", "label": "Continuing Competency Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193279", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A nurse must meet either the requirements of this subsection or subsection (b) of this section. A nurse may choose to complete 20 contact hours of continuing nursing education (CNE) in the nurse's area of practice within licensing period, as defined in this chapter. These contact hours shall be obtained by participation in programs approved by a credentialing agency or provider recognized by the Board. A list of these agencies/providers may be obtained from the Board's office or website.(b) A nurse must meet either the requirements of this subsection or subsection (a) of this section. A nurse may choose to demonstrate the achievement, maintenance, or renewal of a Board approved national nursing certification in the nurse's area of practice within the licensing period, as defined in this chapter. A list of approved national nursing certifications may be obtained from the Board's office or website.(c) Requirements for the APRN. A nurse licensed by the Board as an APRN is required to complete 20 contact hours of continuing education or achieve, maintain, or renew the national nursing certification recognized by the Board as meeting the certification requirement for the APRN's role and population focus area of licensure within the licensing period, as defined in this chapter.(1) The required 20 contact hours are not in addition to the requirements of subsection (a) or (b) of this section.(2) The 20 contact hours of continuing education must be appropriate to the advanced practice role and population focus area recognized by the Board.(3) The APRN who holds prescriptive authority must complete, in addition to the requirements of this subsection, at least five additional contact hours of continuing education in pharmacotherapeutics within the licensing period.(4) The APRN who has entered into a prescriptive authority agreement authorizing the prescribing of opioids must complete not less than two (2) hours of continuing education annually regarding safe and effective pain management related to the prescription of opioids and other controlled substances, including education regarding reason-able standards of care; the identification of drug-seeking behavior in patients; and effectively communicating with patients regarding the prescription of an opioid or other controlled substance. This requirement applies to renewal of licensure on or after January 1, 2021.(5) The APRN whose practice includes the prescription of opioids must attend at least one (1) hour of continuing education annually covering best practices, alternative treatment options, and multi-modal approaches to pain management that may include physical therapy, psychotherapy, and other treatments. The content of the continuing education described by this paragraph must meet the requirements set forth by the Texas Pharmacy Board. This requirement applies to renewal of licensure on or after September 1, 2019, and expires on August 31, 2023.(6) The APRN who is licensed prior to September 1, 2020, and authorized to receive information from the prescription monitoring program (PMP) authorized by Chapter 481, Health and Safety Code, must complete two (2) hours of continuing education related to approved procedures of prescribing and monitoring controlled substances no later than September 1, 2021. The APRN licensed after September 1, 2020, and authorized to receive information from the PMP, must complete the continuing education required by this paragraph no later than one year after the APRN's initial licensure date. This is a one-time education requirement.(7) Category I Continuing Medical Education (CME) contact hours will meet requirements as described in this chapter, unless otherwise prohibited.(d) Forensic Evidence Collection.(1) Pursuant to the Health and Safety Code §323.004 and §323.0045, a nurse licensed in Texas or holding a privilege to practice in Texas, including an APRN, who performs a forensic examination on a sexual assault survivor must have basic forensic evidence collection training or the equivalent education prior to performing the examination. This requirement may be met through the completion of CNE that meets the requirements of this subsection. This is a one-time requirement. An APRN may use continuing medical education in forensic evidence collection that is approved by the Texas Medical Board to satisfy this requirement.(2) A nurse licensed in Texas or holding a privilege to practice in Texas, including an APRN, who is employed in an emergency room (ER) setting must complete a minimum of two contact hours of CNE relating to forensic evidence collection that meets the requirements of this subsection within two years of the initial date of the nurse's employment in an ER setting. This is a one-time requirement.(A) This requirement applies to nurses who work in an ER setting that is:(i) the nurse's home unit;(ii) an ER unit to which the nurse \"floats\" or schedules shifts; or(iii) a nurse employed under contractual, temporary, per diem, agency, traveling, or other employment relationship whose duties include working in an ER.(B) A nurse shall be considered to have met the requirements of paragraphs (1) and (2) of this subsection if the nurse:(i) completed CNE during the time period of February 19, 2006 through September 1, 2013; and(ii) the CNE met the requirements of the Board's rules related to forensic evidence collection that were in effect from February 19, 2006 through September 1, 2013.(C) Completion of at least two contact hours of CNE that meets the requirements of this subsection may simultaneously satisfy the requirements of paragraphs (1) and (2) of this subsection.(3) A nurse who would otherwise be exempt from CNE requirements for issuance of the initial Texas license and for the immediate licensing period following initial Texas licensure under §216.8(b) or (c) of this chapter (relating to Relicensure Process) shall comply with the requirements of this section. In compliance with §216.7(b) of this chapter (relating to Responsibilities of Individual Licensee), each licensee is responsible for maintaining records of CNE completion. Record of course completion in forensic evidence collection should be retained by the nurse indefinitely, even if a nurse changes employment.(4) Continuing education completed under this subsection shall include information relevant to forensic evidence collection and age or population-specific nursing interventions that may be required by other laws and/or are necessary in order to assure evidence collection that meets requirements under the Government Code §420.031 regarding use of an Attorney General-approved evidence collection kit and protocol. Content may also include, but is not limited to, documentation, history-taking skills, use of sexual assault kit, survivor symptoms, and emotional and psychological support interventions for victims.(5) The hours of continuing education completed under this subsection shall count towards completion of the 20 contact hours of CNE required in subsection (a) of this section. Certification related to forensic evidence collection that is approved by the Board may be used to fulfill the requirements of this subsection.(e) A nurse who holds or is seeking to hold a valid Volunteer Retired (VR) Nurse Authorization in compliance with the Occupations Code §112.051 and §301.261(e) and §217.9(e) of this title (relating to Inactive and Retired Status):(1) Must, if licensed by the Board as a LVN and/or RN, have completed at least 10 contact hours of CNE in his or her area of practice within the two years immediately preceding application for, or renewal of, VR status.(2) Must, if licensed by the Board as an APRN, have completed at least 20 contact hours of continuing education in his or her area of practice within the two years immediately preceding application for, or renewal of, VR status. The 20 hours of continuing education must meet the same criteria as APRN continuing education defined under subsection (c) of this section. A nurse authorized as a VR-RN/APRN may not hold prescriptive authority. This does not preclude a registered nurse from placing his or her APRN license on inactive status and applying for authorization only as a VR-RN.(3) Is exempt from fulfilling targeted continuing education requirements.(f) Tick-Borne Diseases. An APRN whose practice includes the treatment of tick-borne diseases is encouraged to participate in continuing education relating to the treatment of tick-borne diseases. The continuing education course(s) should contain information relevant to treatment of the disease within the APRN's role and population focus area of licensure and may represent a spectrum of relevant medical clinical treatment relating to tick-borne disease. Completion of CME in the treatment of tick-borne disease that meets the requirements of this subsection shall count towards completion of the 20 contact hours of continuing education required for APRNs in subsection (c) of this section.(g) Nursing Jurisprudence and Nursing Ethics. Each nurse, including an APRN, is required to complete at least two contact hours of CNE relating to nursing jurisprudence and nursing ethics before the end of every third two-year licensing period applicable to licensing periods that began on or after January 1, 2014. The CNE course(s) shall contain information related to the Texas Nursing Practice Act, the Board's rules, including §217.11 of this title (relating to Standards of Nursing Practice), the Board's position statements, principles of nursing ethics, and professional boundaries. The hours of CNE completed under this subsection shall count towards completion of the 20 contact hours of CNE required in subsection (a) of this section. Certification and/or CME may not be used to fulfill the CNE requirements of this subsection.(h) Older Adult or Geriatric Care. A nurse, including an APRN, whose practice includes older adult or geriatric populations is required to complete at least two contact hours of CNE relating to older adult or geriatric populations or maintain certification in an area of practice relating to older adult or geriatric populations before the end of every licensing period, applicable to licensing periods that began on or after January 1, 2014. The CNE course(s) may contain information related to elder abuse, age-related memory changes and disease processes, including chronic conditions, end of life issues, health maintenance, and health promotion. The hours of CNE completed under this subsection shall count towards completion of the 20 contact hours of CNE required in subsection (a) of this section. Certification related to older adult or geriatric populations that is approved by the Board may be used to fulfill the CNE requirements of this subsection.(i) Human Trafficking Prevention. A nurse, including an APRN, who provides direct patient care must complete a human trafficking prevention course approved by the Health and Human Services Commission. This requirement applies to the renewal of a license on or after September 1, 2020.", "sourceNote": "Source Note: The provisions of this §216.3 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective October 4, 2010, 35 TexReg 8917; amended to be effective July 16, 2012, 37 TexReg 5274; amended to be effective November 20, 2013, 38 TexReg 8208; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective December 5, 2018, 43 TexReg 7766; amended to be effective November 19, 2019, 44 TexReg 7051." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193279", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.4", "label": "Criteria for Acceptable Continuing Education Offerings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193280", "queryAsDate": "03/11/2026" }, "ruleBody": "Continuing education offerings must be approved by a credentialing agency or provider recognized by the Board. Proof of successful completion shall contain the name of the provider; the program title, date, and location; number of contact hours; provider number; and name of the credentialing agency.", "sourceNote": "Source Note: The provisions of this §216.4 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective December 5, 2018, 43 TexReg 7766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193280", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.5", "label": "Additional Methods for Meeting Continuing Competency Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193281", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Academic Courses. A licensee may receive CNE credit for attendance and completion of an academic course within the framework of a curriculum that leads to an academic degree in nursing or any academic course directly relevant to the licensee's area of nursing practice.(1) Upon audit by the Board, the licensee must submit to the Board an official transcript indicating completion of the course with a grade of \"C\" or better, or a \"Pass\" on a Pass/Fail grading system.(2) Contact hours may be obtained by this means for academic courses that were completed within the licensing period. CNE credit for academic courses will convert on the following basis: one academic quarter hour = 10 contact hours; one academic semester hour = 15 contact hours.(b) Program Development and/or Presentation.(1) A licensee may receive CNE credit for development and/or presentation of a program that is approved by one of the credentialing agencies or providers recognized by the Board.(2) Upon audit by the Board, the licensee must submit to the Board on one page: the title of the program, program objectives, brief outline of content, name of credentialing agency that approved the program for contact hours, provider number, program number, dates and locations of the presentation, and number of contact hours.(3) Contact hours for program development and/or presentation shall equal the number of contact hours awarded by a credentialing agency or provider recognized by the Board for the offering. Contact hours may be obtained by this means by the nurse(s) who developed and/or presented the qualifying program per licensing period; only distinct activities may be used to obtain contact hours by this means for a licensing period.(c) Authorship.(1) A licensee may receive CNE credit for development and publication of a manuscript related to nursing and health care that is published in a nursing or health-related textbook or journal.(2) Upon audit by the Board, the licensee must submit to the Board a letter from the publisher indicating acceptance of the manuscript for publication or a copy of the published work.(3) One contact hour per distinct publication may be obtained by this means per licensing period.", "sourceNote": "Source Note: The provisions of this §216.5 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective November 10, 2014, 39 TexReg 8693; amended to be effective December 5, 2018, 43 TexReg 7766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193281", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.6", "label": "Activities That are not Acceptable as Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193282", "queryAsDate": "03/11/2026" }, "ruleBody": "The following activities do not meet continuing education requirements for licensure renewal.(1) Basic Life Support (BLS) or cardiopulmonary resuscitation (CPR) courses.(2) In service programs. Programs sponsored by the employing agency to provide specific information about the work setting and orientation or other programs which address the institution's philosophy; policies and procedures; on-the-job training; and equipment demonstration.(3) Nursing refresher courses. Programs designed to update knowledge of current nursing theory and clinical practice, which consist of a didactic and clinical component, to ensure entry level competencies into nursing practice.(4) Orientation programs. A program designed to introduce employees to the philosophy, goals, policies, procedures, role expectations, and physical facilities of a specific work place.(5) Courses which focus upon self-improvement, changes in attitude, self-therapy, and self-awareness that do not delineate the impact on nursing practice or improved patient outcomes.(6) Economic courses for financial gain, e.g., investments, retirement, preparing resumes, and techniques for job interview.(7) Courses which focus on personal appearance in nursing.(8) Liberal art courses in music, art, philosophy, and others when unrelated to patient/client care.(9) Courses designed for lay people.(10) Self-directed study--An educational activity wherein the learner takes the initiative and the responsibility for assessing, planning, implementing, and evaluating the activity including, but not limited to, academic courses that are audited, that are not directly relevant to a licensee's area of nursing practice, or that are prerequisite courses such as mathematics, physiology, biology, government, or other similar courses.(11) Continuing Medical Education (CME), unless completed by an APRN in the APRN's role and population focus area of licensure and otherwise accepted in this chapter.", "sourceNote": "Source Note: The provisions of this §216.6 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective November 10, 2014, 39 TexReg 8693; amended to be effective December 5, 2018, 43 TexReg 7766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193282", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.7", "label": "Responsibilities of Individual Licensee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198159", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensee shall be responsible to select and participate in continuing competency activities that will meet the requirements and criteria listed in this chapter.(b) The licensee shall be responsible to maintain a record of CNE activities. These records shall document attendance as evidenced by original certificates of completion, contact hour certificates, or official academic transcripts. Copies of these shall be submitted to the Board upon audit.(c) The licensee shall be responsible to maintain these records for a minimum of three consecutive licensing periods or six years, unless otherwise specified in this chapter.", "sourceNote": "Source Note: The provisions of this §216.7 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective December 5, 2018, 43 TexReg 7766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198159", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.8", "label": "Relicensure Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193284", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Renewal of license.(1) Upon renewal of the license, the licensee shall sign a statement attesting that the CNE contact hours or approved national nursing certification requirement has been met.(2) The contact hours must have been completed within the licensing period and by the time of application for license renewal. Contact hours from a previous licensing period will not be accepted. Additional contact hours earned may not be used for subsequent licensure renewals.(b) Persons licensed by examination. A candidate licensed by examination shall be exempt from the CNE contact hours or approved national nursing certification requirement for issuance of the initial Texas license and for the immediate licensing period following initial Texas licensure with the exception of applicable targeted continuing competency requirements in §216.3 of this chapter (relating to Continuing Competency Requirements).(c) Persons licensed by endorsement. An applicant licensed by endorsement shall be exempt from the CNE contact hours or approved national nursing certification requirement for issuance of the initial Texas license and for the immediate licensing period following initial Texas licensure with the exception of applicable targeted continuing competency requirements in §216.3 of this chapter (relating to Continuing Competency Requirements).(d) Delinquent license.(1) A license that has been delinquent for less than four years may be renewed by the licensee submitting proof of having completed 20 contact hours of acceptable CNE or a current approved national nursing certification in his or her prior area of practice within the two years immediately preceding application for relicensure and by meeting all other Board requirements. A licensee shall be exempt from the continuing competency requirements for the immediate licensing period following renewal of the delinquent license with the exception of applicable targeted continuing competency requirements in §216.3 of this chapter (relating to Continuing Competency Requirements).(2) A license that has been delinquent for four or more years may be renewed upon completion of requirements listed in §217.6 of this title (relating to Failure to Renew License).(e) Reactivation of a license.(1) A license that has been inactive for less than four years may be reactivated by the licensee submitting proof of having completed 20 contact hours of acceptable CNE or a current approved national nursing certification in his or her prior area of practice within the two years immediately preceding application for reactivation and by meeting all other Board requirements. A licensee shall be exempt from the continuing competency requirements for the immediate licensing period following reactivation of the license with the exception of applicable targeted continuing competency requirements in §216.3 of this chapter (relating to Continuing Competency Requirements).(2) A license that has been inactive for four or more years may be reactivated upon completion of requirements listed in §217.9 of this title (relating to Inactive and Retired Status).(f) Reinstatement of a license. A licensee whose license has been revoked and subsequently applies for reinstatement must show evidence that the continuing competency requirements and other Board requirements have been met prior to reinstatement of the license by the Board.", "sourceNote": "Source Note: The provisions of this §216.8 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective December 5, 2018, 43 TexReg 7766; amended to be effective January 27, 2020, 45 TexReg 550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193284", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.9", "label": "Audit Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193285", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board shall select a random sample of licensees 90 days prior to each renewal month. Notification shall be sent to selected licensees to substantiate compliance with the continuing competency requirements.(1) Selected licensees shall submit the following, as outlined in the notification:(A) documentation as specified in §216.4 and §216.5 of this chapter (relating to Criteria for Acceptable Continuing Education Offerings and Additional Methods for Meeting Continuing Competency Requirements and any additional documentation the Board deems necessary to verify compliance with the continuing competency requirements for the period of licensure being audited; or(B) a copy of the current approved national nursing certification and any additional documentation the Board deems necessary to verify compliance with the continuing competency requirements for the period of licensure being audited.(2) Failure to notify the Board of a current mailing address and email address will not absolve the licensee from audit requirements.(3) Pursuant to this section, an audit shall be automatic for a licensee who has been found noncompliant in an immediately preceding audit.(4) Failure to complete the audit satisfactorily or falsification of records shall constitute unprofessional conduct and provide grounds for disciplinary action.", "sourceNote": "Source Note: The provisions of this §216.9 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective December 5, 2018, 43 TexReg 7766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193285", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.10", "label": "Appeals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193286", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any individual who wishes to appeal a determination of noncompliance with the continuing competency requirements shall submit a letter of appeal within 20 days of notification of the audit results.(b) The Board or its designee shall conduct a review in which the appellant may appear in person to present reasons why the audit decision should be set aside or modified.(c) The decision of the Board after the appeal shall be considered final and binding.", "sourceNote": "Source Note: The provisions of this §216.10 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective December 5, 2018, 43 TexReg 7766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193286", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "216", "label": "CONTINUING COMPETENCY" }, "rule": { "number": "§216.11", "label": "Consequences of Noncompliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191654", "queryAsDate": "03/11/2026" }, "ruleBody": "Failure to comply with the Board's continuing competency requirements will result in the denial of license renewal.", "sourceNote": "Source Note: The provisions of this §216.11 adopted to be effective August 16, 2009, 34 TexReg 5524; amended to be effective February 23, 2014, 39 TexReg 982; amended to be effective December 5, 2018, 43 TexReg 7766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191654", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210424", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Academic course--A specific set of learning experiences offered in an accredited school, college or university. Academic credit will convert on the following basis: One academic quarter hour = 10 contact hours; one academic semester hour = 15 contact hours.(2) Advanced practice nurse (APN)--A registered nurse, currently licensed in the State of Texas, who has been approved by the board to practice as an advanced practice nurse based on completing an advanced educational program of study acceptable to the board. The term includes a nurse practitioner, nurse-midwife, nurse anesthetist, and a clinical nurse specialist.(3) Applicant--An individual who has met the eligibility requirements and applied to take the National Council Licensure Examination for Practical Nurses (NCLEX-PN ) or completed an accredited nursing program and has applied to take the National Council Licensure Examination for Registered Nurses (NCLEX-RN), or an individual who has applied for Temporary Licensure/Endorsement into Texas.(4) Approved--Recognized as having met established standards and predetermined criteria of the credentialing agencies recognized by the board. Applies to providers and programs.(5) Approved/Accredited nursing program--A school, department, or division of nursing approved/accredited by a nursing board or other licensing authority which has jurisdiction over approval/accreditation of nursing programs.(6) Board--The Texas Board of Nursing.(7) Credential Evaluation Services (CES)--Documentation that verifies the educational credentials and licensure of graduates of foreign nursing schools.(8) Declaratory order--An order issued by the Board pursuant to Texas Occupations Code §301.257, determining the eligibility of an individual for initial licensure as a licensed vocational or registered nurse and setting forth both the basis for potential ineligibility and the Board's determination of the disclosed eligibility issues.(9) Delinquent license--A license lapsed due to failure to renew the certificate of re-registration.(10) Direct supervision--Requires a nurse to be immediately available to coordinate, direct, and observe at firsthand another individual for whom the nurse is responsible.(11) Eligibility order--An order, issued by the Board pursuant to Texas Occupations Code §§301.256, 301.257, and 301.259 determining the eligibility of an individual for licensure.(12) Endorsement--The process of issuing a permanent license without further examination to a nurse from another jurisdiction or licensing authority after determination is made that the applicant meets the same standards as those required of Texas nurses.(13) First level, general nurse--Refers to the International Council of Nurses (ICN) classification of nurses. A first-level nurse is called a registered or professional nurse in most countries. A general nurse has studied theory and had clinical practice in a variety of nursing areas.(14) Graduate of a foreign nursing school--An individual who graduated from a post-secondary nursing education program that prepares nurse generalists or enrolled nurses for licensure and is approved/accredited by a governmental authority.(15) Graduate nurse (GN)--Graduates of approved professional nursing programs who are issued a permit to practice for a specific time period until they successfully meet all licensure requirements.(16) Graduate vocational nurse (GVN)--Graduates of approved vocational nursing programs who are issued a permit to practice for a specific time period until they successfully meet all licensure requirements.(17) Impaired practice--Practice in which the nurse's ability to perform the essential functions of a nurse is impaired by chemical dependency on drugs and/or alcohol or by mental illness.(18) Indirect supervision--Requires a nurse to be readily available if needed for consultation to coordinate, direct, and observe another individual for whom the nurse is responsible.(19) Jurisdiction--A state or territory of the United States using the National Council Licensure Examination for Registered Nurses (NCLEX-RN ) and the National Council Licensure Examination for Practical Nurses (NCLEX-PN ) as the licensing examination.(20) Licensed Vocational Nurse--See Vocational Nurse.(21) Licensing authority--A legislated or governmentally appointed agency which approves, accredits or otherwise regulates legally defined behaviors of institutions or individuals.(22) National Council Licensure Examination for Practical Nurses (NCLEX-PN)--The test used by the board to measure minimal competence for licensure as a vocational nurse.(23) National Council Licensure Examination for Registered Nurses (NCLEX-RN)--The test used by the board to measure minimal competence for licensure as a registered professional nurse.(24) Nurse--a person required to be licensed under Texas Occupations Code chapter 301 to engage in professional or vocational nursing.(25) Nursing curriculum--The equivalent of all nursing courses in the program of study within an approved/accredited nursing program.(26) Nursing program--The equivalent of all non-nursing and nursing courses in the program of study within an approved/accredited program.(27) Peer assistance program--An approved program designed for nurses whose nursing practice is or may be impaired by chemical dependency on drugs and/or alcohol or certain mental illnesses and which meets the minimum criteria established by the Texas Commission on Alcohol and Drug Abuse and the additional criteria established by the Board.(28) Practitioner--As related to radiology practice, a doctor of medicine, osteopathy, podiatry, dentistry, or chiropractic who is licensed under the laws of Texas and who prescribes radiologic procedures for other persons (See 25 TAC §143.2).(29) Professional boundaries--The appropriate limits which should be established by the nurse in the nurse/client relationship due to the nurse's power and the patient's vulnerability. Refers to the provision of nursing services within the limits of the nurse/client relationship which promote the client's dignity, independence and best interests and refrain from inappropriate involvement in the client's personal relationships and/or the obtainment of the nurse's personal gain at the client's expense.(30) Professional nursing education program (general)--Post-secondary general nursing program of at least two academic years in length that provides both theory and clinical instruction in:(A) medical-surgical nursing;(B) maternal/child nursing;(C) pediatric nursing; and(D) mental health nursing.(31) Professional nursing practice--As defined in the Occupations Code §301.002(2).(32) Program of study--The courses and learning experiences that constitute the requirements for completion of a basic nursing education program (vocational nursing education program, associate degree nursing education program, baccalaureate degree nursing education program, master's degree nursing education program, or diploma nursing education program) or a post-licensure nursing education program.(33) Radiologic procedure--Any procedure or article used with clients, including diagnostic x-rays or nuclear medicine procedures, through the emission of ionizing radiation as stated in the Occupations Code §601.002(9).(34) Reactivation--The process of making a license current when a nurse has allowed his or her license to become delinquent and/or is in inactive/retired status.(35) Refresher course--A program designed to update knowledge of current nursing theory and clinical practice consisting of didactic and clinical components to ensure entry level competencies into vocational, professional, or advanced nursing practice. Refresher courses are not accepted for continuing education credit and must meet current board requirements.(36) Registered nurse--A person currently licensed by the board to practice professional nursing.(37) Registered nurse, retired--An individual on inactive status who has met the requirements for using the title as stated in §217.9 of this title (relating to Inactive and Retired Status).(38) Renewal period--Two-year period determined by the licensee's birth month and year. Specific time frame for renewal may vary from six months to 29 months as determined by board policies.(39) Second level nurses--Refers to the International Council of Nurses (ICN) classification of nurses. Second level nurses are called enrolled, vocational, or practical nurses or nurse assistants in most countries. Those nurses who have specialized in one area without being educated and registered/licensed as a general nurse (for instance, midwife, pediatric nurse, or psychiatric nurse) are not eligible to take the CGFNS qualifying exam.(40) Shall, will and must--Mandatory requirements.(41) Should--Denotes recommendations.(42) State Board Test Pool Examination (SBTPE)--The test formerly used by the board prior to the NCLEX-RN to measure minimal competence for licensure as a registered nurse.(43) Temporary authorization--An authorization to practice vocational or professional nursing for a specified period of time.(44) Temporary license--A license that authorizes an individual licensed as a nurse in other jurisdictions to practice nursing in Texas for a specified period of time.(45) Temporary permit--A permit issued to a nurse for a specific period of time which allows the nurse to complete specific requirements in order for the license to be reissued.(46) Vocational nurse--A person currently licensed by the board to practice vocational nursing.(47) Vocational nurse, retired--An individual on inactive status who has met the requirements for using the title as stated in §217.9 of this title; includes individuals formerly classified as Vocational nurse, emeritus.(48) Vocational Nursing--Nursing other than professional nursing that generally requires experience and education in biological, physical, and social sciences sufficient to qualify as a licensed vocational nurse.(49) Vocational Nursing Education Program--A comprehensive system of education which provides instruction in biological, physical, social, behavioral and nursing sciences, with correlated theory, to include clinical practice in nursing care of children, maternity nursing, nursing care of the aged, nursing care of adults and nursing care of individuals with mental health problems(50) Vocational Nursing Practice--As defined in the Occupations Code §301.002(5).", "sourceNote": "Source Note: The provisions of this §217.1 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective April 11, 2005, 30 TexReg 2065; amended to be effective September 28, 2014, 39 TexReg 7736; amended to be effective August 9, 2018, 43 TexReg 5084." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210424", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.2", "label": "Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199335", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for initial licensure by examination shall:(1) file a complete application containing data required by the board attesting that all information contained in, or referenced by, the application is complete and accurate and is not false or misleading, and the required application processing fee which is not refundable;(2) submit verification of completion of all requirements for graduation from an approved nursing education program, or certification from the nursing program director of completion of certificate/degree requirements. Prerequisites of an accredited master's degree program leading to a first degree in professional nursing must be approved by the board;(3) pass the NCLEX-PN (LVN applicant) or NCLEX-RN (RN applicant);(4) graduate from an approved Texas nursing education program or a program with substantially equivalent education standards to a Texas approved nursing program as defined below.(A) A professional nursing education program operated in another state may be determined to have substantially equivalent education standards to a Texas approved nursing program if:(i) the program is approved by a state board of nursing or other governmental entity to offer a pre-licensure professional nursing program of study that awards a nursing diploma or degree upon completion;(ii) the program includes general education courses providing a sound foundation for nursing education for the level of preparation;(iii) the program's nursing courses include didactic content and supervised clinical learning experiences in medical-surgical, maternal/child health, pediatrics, geriatrics, and mental health nursing that teach students to use a systematic approach to clinical decision-making and safe patient care across the life span; and(iv) for baccalaureate degree nursing programs, nursing courses must also include didactic content and supervised clinical learning experiences, as appropriate, in community, research, and leadership.(B) A vocational nursing education program operated in another state may be determined to have substantially equivalent education standards to a Texas approved nursing program if:(i) the program is approved by a state board of nursing or other governmental entity to offer a pre-licensure vocational/practical nursing program of study that awards a vocational/practical nursing certificate, diploma, or degree upon completion;(ii) the program's nursing courses include didactic and supervised clinical learning experiences in medical-surgical, maternal/child health, pediatrics, geriatrics, and mental health nursing that teach students to use a systematic approach to clinical decision-making and safe patient care across the life span; and(iii) the program includes support courses providing a sound foundation for nursing education for the level of preparation.(C) A clinical competency assessment program shall be deemed substantially equivalent to a Texas approved nursing program while compliant with Tex. Occ. Code §301.157(d-8) and (d-9). A clinical competency assessment program will be deemed to not be substantially equivalent to a Texas approved nursing program if the program fails to meet applicable requirements of Tex. Occ. Code §301.157(d-11) and (d-12).(D) If an applicant does not have substantially equivalent education under paragraph (A) or (B), the applicant may become eligible for licensure if the applicant enrolls in an approved Texas program and completes the necessary educational requirements.(E) If an applicant for licensure as a registered nurse has completed a clinical competency assessment program which is deemed not to be substantially equivalent to Board standards for Texas programs under paragraph (C), the Board may issue a provisional license to the applicant once the applicant has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN® Examination). The applicant will be eligible for full licensure if the applicant completes the requirements of clause (i) or (ii) below:(i) The applicant completes 500 hours of clinical practice under the direct supervision of an approved preceptor. The applicant, prior to beginning practice, must submit the name and license number of a potential preceptor for Board approval. After completion of 500 hours of clinical practice under direct supervision of the approved preceptor and the preceptor's signature that the applicant is competent and safe to practice nursing, the applicant may be eligible for full licensure.(ii) The applicant completes an educational program at an approved Texas program which is designed to assess and improve clinical skills for applicants who have not completed supervised clinical experiences in their prior educational program. The applicant must seek and receive the Board's approval prior to entering into the program to ensure that the program will allow the applicant may be eligible for full licensure. The applicant must provide the Board evidence of completion of the approved program;(5) submit fingerprints for a complete criminal background check; and(6) pass the jurisprudence exam approved by the board, effective September 1, 2008.(b) Should it be ascertained from the application filed, or from other sources, that the applicant should have had an eligibility issue determined by way of a petition for declaratory order pursuant to the Occupations Code §301.257, then the application will be treated and processed as a petition for declaratory order under §213.30 of this title (relating to Declaratory Order of Eligibility for Licensure), and the applicant will be treated as a petitioner under that section and will be required to pay the non-refundable fee required by that section.(c) An applicant for initial licensure by examination shall pass the NCLEX-PN or NCLEX-RN within four years of completion of requirements for graduation.(d) An applicant who has not passed the NCLEX-PN or NCLEX-RN within four years from the date of completion of requirements for graduation must complete a board approved nursing education program in order to take or retake the examination.(e) Upon initial licensure by examination, the license is issued for a period ranging from six months to 29 months depending on the birth month. Licensees born in even-numbered years shall renew their license in even-numbered years; licensees born in odd-numbered years shall renew their licenses in odd-numbered years.", "sourceNote": "Source Note: The provisions of this §217.2 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 14, 2003, 28 TexReg 5532; amended to be effective September 28, 2004, 29 TexReg 9189; amended to be effective April 16, 2006, 31 TexReg 3031; amended to be effective September 26, 2007, 32 TexReg 6519; amended to be effective May 14, 2009, 34 TexReg 2767; amended to be effective July 12, 2010, 35 TexReg 6083; amended to be effective February 28, 2018, 43 TexReg 1096; amended to be effective May 8, 2018, 43 TexReg 2779; amended to be effective May24,2020, 45 TexReg 3295; amended to be effective October 13, 2022, 47 TexReg 6581." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199335&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199335", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.3", "label": "Temporary Authorization to Practice/Temporary Permit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200770", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A new graduate who completes an accredited basic nursing education program within the United States, its Territories or Possessions and who applies for initial licensure by examination in Texas may be temporarily authorized to practice nursing as a graduate nurse (GN) or graduate vocational nurse (GVN) pending the results of the licensing examination.(1) In order to receive temporary authorization to practice as a GN or GVN and obtain a permit, the new graduate must:(A) file a completed application, including verification of completion of graduation requirements and the non-refundable application processing fee (see §217.2(a)(1)-(2) of this title relating to Licensure by Examination for Graduates of Basic Nursing Education Programs Within the United States, its Territories or Possessions);(B) have no outstanding eligibility issues (see §213.30 of this title (relating to Declaratory Order of Eligibility for Licensure), and Texas Occupations Code §301.257);(C) have never taken the NCLEX-PN or NCLEX-RN. Temporary authorization to practice as a GN will not be issued to any applicant who has previously failed the licensing examination;(D) have registered to take the NCLEX-PN or NCLEX-RN with the examination administration service;(E) submit fingerprints for a complete criminal background check; and(F) obtain a passing score on the jurisprudence exam approved by the Board, effective September 1, 2009.(2) The temporary authorization to practice as a GN or GVN, which is not renewable, is valid for 75 days from the date of eligibility, receipt of permanent license, or upon receipt of a notice of failing the examination from the Board, whichever date is the earliest. The GN or GVN must immediately inform employers of receipt of notification of failing the examination and cease nursing practice.(3) The new graduate who has been authorized to practice nursing as a GVN pending the results of the licensing examination must work under the direct supervision of a licensed vocational nurse or a registered nurse who is physically present in the facility or practice setting and who is readily available to the GVN for consultation and assistance. The new graduate who has been authorized to practice nursing as a GN pending the results of the licensing examination must work under the direct supervision of registered nurse who is physically present in the facility or practice setting and who is readily available to the GN for consultation and assistance. If the facility is organized into multiple units that are geographically distanced from each other, then the supervising nurse must be working on the same unit to which the GN or GVN is assigned. The GN or GVN shall not be placed in supervisory or charge positions and shall not work in independent practice settings.(4) The nurse administrator of facilities that employ Graduate Nurses or Graduate Vocational Nurses must ensure that the GN or GVN has a valid temporary authorization to practice as a GN or GVN pending the results of the licensing examination, has scheduled a date to take the NCLEX-PN or NCLEX-RN, and does not continue to practice after expiration of the 75 days of eligibility or receipt of a notice of failing the examination from the Board, whichever date is earlier.(b) A nurse who has not practiced nursing for four or more years may be issued a temporary permit for the limited purpose of completing a refresher course, extensive orientation to the practice of professional or vocational nursing, whichever is applicable, or academic course. The permit is valid for six months.(c) A nurse whose license has been suspended, revoked, or surrendered through action by the board, may be issued a temporary permit for the limited purpose of meeting any requirement(s) imposed by the board in order for the nurse's license to be reissued. The permit is valid for six months.", "sourceNote": "Source Note: The provisions of this §217.3 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective January 27, 2020, 45 TexReg 551; amended to be effective May 24, 2020, 45 Texeg 3295." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200770&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200770", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.4", "label": "Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226823", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Criteria for nurse applicants for initial licensure applying under this section.(1) A licensed vocational nurse applicant must:(A) have either:(i) successfully completed an approved program for educating vocational/practical (second level general nurses) nurses within the four years immediately preceding the filing of an application for initial licensure in Texas by providing a credential evaluation service full education course-by-course report from a credential evaluation service approved by the Board; or(ii) successfully completed an approved program for educating vocational/practical (second level general nurses) nurses by providing a credential evaluation service full education course-by-course report from a credential evaluation service approved by the Board and practiced as a second level general nurse within the four years immediately preceding the filing of an application for initial licensure in Texas; and(B) have achieved an approved score on an English proficiency test acceptable to the Board, unless a substantial portion of the applicant's nursing program of study, as determined by the Board, was conducted in English.(2) A registered nurse applicant must either:(A) have successfully completed an approved program for educating registered (first level general nurses) nurses within the four years immediately preceding the filing of an application for initial licensure in Texas by providing a credential evaluation service full education course-by-course report from a credential evaluation service approved by the Board, which verifies that the applicant:(i) has the educational credentials equivalent to graduation from a governmentally accredited/approved, post-secondary general nursing program of at least two academic years in length;(ii) received both theory and clinical education in each of the following: nursing care of the adult which includes both medical and surgical nursing, maternal/infant nursing, nursing care of children, and psychiatric/mental health nursing; and(iii) has achieved an approved score on an English proficiency test acceptable to the Board, or the equivalent, unless a substantial portion of the applicant's nursing program of study, as determined by the Board, was conducted in English; or(B) have practiced as a first level general nurse within the four years immediately preceding the filing of an application for initial licensure in Texas and have successfully completed an approved program for educating registered (first level general nurses) nurses by providing a credential evaluation service full education course-by-course report from a credential evaluation service approved by the Board, which verifies that the applicant:(i) has the educational credentials equivalent to graduation from a governmentally accredited/approved, post-secondary general nursing program of at least two academic years in length;(ii) received both theory and clinical education in each of the following: nursing care of the adult which includes both medical and surgical nursing, maternal/infant nursing, nursing care of children, and psychiatric/mental health nursing; and(iii) has achieved an approved score on an English proficiency test acceptable to the Board, or the equivalent, unless a substantial portion of the applicant's nursing program of study, as determined by the Board, was conducted in English.(3) All applicants must file a complete application for registration containing data required by the Board attesting that all information contained in, or referenced by, the application is complete and accurate and is not false or misleading, and the required application processing fee which is not refundable.(4) All applicants must pass the NCLEX-PN (LVN applicants) or NCLEX-RN (RN applicants) as a Texas applicant within four years of completion of the requirements for graduation or within four years of the date of eligibility.(5) All nurse applicants must submit fingerprints for a complete criminal background check.(6) All nurse applicants must pass the jurisprudence exam approved by the Board, effective September 1, 2008.(b) Credential evaluation service (CES).(1) A CES wishing to be approved by the Board must meet the following requirements:(A) The CES must be a member of a national credentialing organization that sets performance standards for the industry. The CES must adhere to the prevailing standards for the industry.(B) The CES must specialize in the evaluation of international nursing education and licensure.(C) The CES must be able to demonstrate its ability to accurately analyze academic and licensure credentials for purposes of United States comparison, with course-by-course analysis of nursing academic records.(D) The CES must be able to manage the translation of original documents into English.(E) The CES must inform the Board in the event applicant documents are found to be fraudulent.(F) The CES must have been in the business of evaluating nursing education for a minimum of five years.(G) The CES must cite all references used in its evaluation in its credentials report.(H) The CES report must identify the language of nursing instruction and the language of textbooks for nursing education.(I) The CES must use only original source documentation in evaluating nursing education.(J) The CES report must describe the comparability of the foreign education to United States standards.(K) The CES report must detail course clock hours for theory and clinical components of nursing education.(L) The CES must be able to issue an evaluation report within a reasonable time period, not to exceed six weeks.(M) The CES must have an efficient and accessible process for answering customer queries.(N) The CES must be able to provide client references/reviews upon request.(O) The CES must have an established record retention policy.(P) The CES must be able to provide testimony for Board hearings, if required.(2) The CES must complete the form(s) and affidavit required by the Board, submit all required documentation, and receive approval from the Board before providing a report for Board consideration. The Board will maintain a list of approved CES providers.(c) An applicant who has not passed the NCLEX-PN or NCLEX-RN within four years of completion of the requirements for graduation or within four years of the date of eligibility must complete an appropriate nursing education program in order to be eligible to take or retake the examination.(d) Should it be ascertained from the application filed, or from other sources, that the applicant should have had an eligibility issue determined by way of a petition for declaratory order pursuant to the Occupations Code §301.257, then the application will be treated and processed as a petition for declaratory order under §213.30 of this title (relating to Declaratory Order of Eligibility for Licensure), and the applicant will be treated as a petitioner under that section and will be required to pay the non-refundable fee required by that section.(e) Accustomation Permit.(1) An applicant who has graduated from an accredited nursing program outside the United States may apply to the Board for a six month accustomation permit by completing an application. An applicant holding an accustomation permit under this subsection may participate in nursing education courses and clinical experiences.(2) An applicant is eligible to apply for an accustomation permit under this subsection only if the applicant has:(A) graduated from an accredited nursing program outside the United States;(B) never taken the NCLEX-PN (LVN applicants) or NCLEX-RN (RN applicants); and(C) successfully completed a credential evaluation service course-by-course report from a Board approved credential evaluation service.(3) An applicant holding an accustomation permit under this subsection may only participate in nursing education courses and clinical experiences under the direct supervision of a registered nurse who holds a current and unencumbered Texas license. For purposes of this subsection only, direct supervision requires a registered nurse to be working with the applicant at all times. At no time shall an applicant be left alone with a patient.(f) Upon initial licensure by examination, the license is issued for a period ranging from six months to 29 months depending on the birth month. Licensees born in even-numbered years shall renew their licenses in even-numbered years; licensees born in odd-numbered years shall renew their licenses in odd-numbered years.", "sourceNote": "Source Note: The provisions of this §217.4 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 14, 2003, 28 TexReg 5532; amended to be effective September 28, 2004, 29 TexReg 9189; amended to be effective April 11, 2005, 30 TexReg 2065; amended to be effective April 16, 2006, 31 TexReg 3031; amended to be effective September 26, 2007, 32 TexReg 6519; amended to be effective May 14, 2009, 34 TexReg 2767; amended to be effective July 12, 2010, 35 TexReg 6083; amended to be effective April 4, 2011, 36 TexReg 2123; amended to be effective July 14, 2016, 41 TexReg 5054; amended to be effective August 24, 2020, 45 TexReg 5910." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226823", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.5", "label": "Temporary License and Endorsement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209109", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A nurse who has practiced nursing in another state within the four years immediately preceding a request for temporary licensure and/or permanent licensure by endorsement may obtain a non-renewable temporary license, which is valid for 120 days, and/or a permanent license for endorsement by meeting the following requirements:(1) Graduation from an approved Texas nursing education program or a program with substantially equivalent education standards to a Texas approved nursing program as defined below.(A) A professional nursing education program operated in another state may be determined to have substantially equivalent education standards to a Texas approved nursing program if:(i) the program is approved by a state board of nursing or other governmental entity to offer a pre-licensure professional nursing program of study that awards a nursing diploma or degree upon completion;(ii) the program includes general education courses providing a sound foundation for nursing education for the level of preparation;(iii) the program's nursing courses include didactic content and supervised clinical learning experiences in medical-surgical, maternal/child health, pediatrics, geriatrics, and mental health nursing that teach students to use a systematic approach to clinical decision-making and safe patient care across the life span; and(iv) for baccalaureate degree nursing programs, nursing courses must also include didactic content and supervised clinical learning experiences, as appropriate, in community, research, and leadership.(B) A vocational nursing education program operated in another state may be determined to have substantially equivalent education standards to a Texas approved nursing program if:(i) the program is approved by a state board of nursing or other governmental entity to offer a pre-licensure vocational/practical nursing program of study that awards a vocational/practical nursing certificate, diploma, or degree upon completion;(ii) the program's nursing courses include didactic and supervised clinical learning experiences in medical-surgical, maternal/child health, pediatrics, geriatrics, and mental health nursing that teach students to use a systematic approach to clinical decision-making and safe patient care across the life span; and(iii) the program includes support courses providing a sound foundation for nursing education for the level of preparation.(C) A clinical competency assessment program shall be deemed substantially equivalent to a Texas approved nursing program while compliant with Tex. Occ. Code §301.157(d-8) and (d-9). A clinical competency assessment program will be deemed to not be substantially equivalent to a Texas approved nursing program if the program fails to meet applicable requirements of Tex. Occ. Code §301.157(d-11) and (d-12).(D) If an applicant does not have substantially equivalent education under subparagraph (A) or (B), the applicant may become eligible for licensure if the applicant enrolls in an approved Texas program and completes the necessary educational requirements.(E) If an applicant for licensure as a registered nurse has completed a clinical competency assessment program which is deemed not to be substantially equivalent to Board standards for Texas programs under subparagraph (C), the Board may issue a provisional license to the applicant once the applicant has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN® Examination). The applicant will be eligible for full licensure if the applicant completes the requirements of clause (i) or (ii) of this subparagraph:(i) The applicant completes 500 hours of clinical practice under the direct supervision of an approved preceptor. The applicant, prior to beginning practice, must submit the name and license number of a potential preceptor for Board approval. After completion of 500 hours of clinical practice under direct supervision of the approved preceptor and the preceptor's signature that the applicant is competent and safe to practice nursing, the applicant may be eligible for full licensure.(ii) The applicant completes an educational program at an approved Texas program which is designed to assess and improve clinical skills for applicants who have not completed supervised clinical experiences in their prior educational program. The applicant must seek and receive the Board's approval prior to entering into the program to ensure that the program will allow the applicant may be eligible for full licensure. The applicant must provide the Board evidence of completion of the approved program.(F) If an applicant for licensure as a registered nurse has completed a clinical competency assessment program which is deemed not to be substantially equivalent to Board standards for Texas programs under subparagraph (C), in lieu of completing the requirements of subparagraph (E), an applicant may be eligible for full licensure by submitting proof, for Board review and approval, of at least 500 hours of clinical practice as a nurse in a single employment setting that is verified by a licensed nursing supervisor. The licensed nursing supervisor's signature shall evidence that the applicant is competent and safe to practice nursing;(2) Satisfactory completion of the licensure examination according to Board established minimum passing scores:(A) Vocational Nurse Licensure Examination:(i) Prior to April 1982--a score of 350 on the SBTPE;(ii) Beginning October 1982 to September 1988--a score of 350 on the NCLEX-PN; and(iii) October 1988 and after, must have achieved a passing report on the NCLEX-PN; and(B) Registered Nurse Licensure Examination:(i) Prior to July 1982--a score of 350 on each of the five parts of the SBTPE;(ii) Prior to February 1989--a minimum score of 1600 on the NCLEX-RN;(iii) February 1989 and after, must have achieved a passing report on the NCLEX-RN; and(iv) January 2015 and after, for applicants taking the Canadian NCLEX-RN, must have achieved a passing report on the Canadian NCLEX-RN;(3) Licensure by another U.S. jurisdiction or licensure from a Canadian province by NCLEX-RN;(4) For an applicant who has graduated from a nursing education program outside of the United States or National Council jurisdictions--verification of LVN licensure as required in §217.4(a)(1) of this chapter or verification of RN licensure must be submitted from the country of education or as evidenced in a credential evaluation service full education course by course report from a credential evaluation service approved by the Board, as well as meeting all other requirements in paragraphs (2) and (3) of this subsection;(5) Filing a completed \"Application for Temporary License/Endorsement\" containing:(A) personal identification and verification of required information in paragraphs (1) - (3) of this subsection; and(B) attestation that the applicant meets current Texas licensure requirements and has never had disciplinary action taken by any licensing authority or jurisdiction in which the applicant holds, or has held licensure and attestation that all information contained in, or referenced by, the application is complete and accurate and is not false or misleading;(6) the required application processing licensure fee, which is not refundable;(7) submitting fingerprints for a complete criminal background check; and(8) a passing score on the jurisprudence exam approved by the Board, effective September 1, 2008.(b) Credential evaluation service (CES).(1) A CES wishing to be approved by the Board must meet the following requirements:(A) The CES must be a member of a national credentialing organization that sets performance standards for the industry. The CES must adhere to the prevailing standards for the industry.(B) The CES must specialize in the evaluation of international nursing education and licensure.(C) The CES must be able to demonstrate its ability to accurately analyze academic and licensure credentials for purposes of United States comparison, with course-by-course analysis of nursing academic records.(D) The CES must be able to manage the translation of original documents into English.(E) The CES must inform the Board in the event applicant documents are found to be fraudulent.(F) The CES must have been in the business of evaluating nursing education for a minimum of five years.(G) The CES must cite all references used in its evaluation in its credentials report.(H) The CES report must identify the language of nursing instruction and the language of textbooks for nursing education.(I) The CES must use only original source documentation in evaluating nursing education.(J) The CES report must describe the comparability of the foreign education to United States standards.(K) The CES report must detail course clock hours for theory and clinical components of nursing education.(L) The CES must be able to issue an evaluation report within a reasonable time period, not to exceed six weeks.(M) The CES must have an efficient and accessible process for answering customer queries.(N) The CES must be able to provide client references/reviews upon request.(O) The CES must have an established record retention policy.(P) The CES must be able to provide testimony for Board hearings, if required.(2) The CES must complete the form(s) and affidavit required by the Board, submit all required documentation, and receive approval from the Board before providing a report for Board consideration. The Board will maintain a list of approved CES providers.(c) A nurse who has not practiced nursing in another state within the four years immediately preceding a request for temporary licensure and/or permanent licensure by endorsement will be required to:(1) complete a refresher course, extensive orientation to the practice of nursing, or a nursing program of study that meets the requirements prescribed by the Board. The nurse must submit an Application for Six Month Temporary Permit (RN) or an Application for Six Month Temporary Permit (LVN), as applicable, to the Board for the limited purpose of completing a refresher course, extensive orientation to the practice of nursing, or a nursing program of study;(2) submit to the Board evidence of the successful completion of the requirements of paragraph (1) of this subsection;(3) after completing the requirements of paragraphs (1) - (2) of this subsection, submit to the Board verification of the completion of the requirements of subsection (a)(1) - (8) of this section.(d) The Board adopts by reference the following forms, which comprise the instructions and requirements for a refresher course, extensive orientation to the practice of nursing, and a nursing program of study required by this section, and which are available at http://www.bon.state.tx.us/olv/forms.html: (1) Application for Six Month Temporary Permit (RN); and(2) Application for Six Month Temporary Permit (LVN).(e) A nurse who has had disciplinary action at any time by any licensing authority is not eligible for temporary licensure until completion of the eligibility determination.(f) Upon initial licensure by endorsement, the license is issued for a period ranging from six months to 29 months depending on the birth month. Licensees born in even-numbered years shall renew their licenses in even-numbered years; licensees born in odd-numbered years shall renew their licenses in odd-numbered years.(g) Should it be ascertained from the application filed, or from other sources, that the applicant should have had an eligibility issue determined by way of a petition for declaratory order pursuant to the Occupations Code §301.257, then the application will be treated and processed as a petition for declaratory order under §213.30 of this title (relating to Declaratory Order of Eligibility for Licensure), and the applicant will be treated as a petitioner under that section and will be required to pay the non-refundable fee required by that section. (h) Out of-State Licensure of Military Service Member or Military Spouse. (1) Pursuant to Texas Occupations Code §55.0041, a military service member, military veteran, or military spouse is eligible to practice nursing in Texas if the member, veteran, or spouse: (A) holds an active, current license to practice nursing in another state:(i) that is similar in scope of practice to the requirements for nursing licensure in Texas; and (ii) that is in good standing, as defined by Texas Occupations Code §55.0042. (B) submits to the Board a copy of the member's military orders showing relocation to this state;(C) if the applicant is a military spouse, submits to the Board a copy of the military spouse's marriage license; and(D) submits to the Board a notarized affidavit affirming under penalty of perjury: (i) that the applicant is the person described and identified in the application;(ii) that all statements in the application are true, correct, and complete;(iii) that the applicant understands the scope of practice for the license and will not perform outside that scope of practice; and(iv) that the applicant is in good standing in each state in which the applicant holds or has held an applicable license.(2) If a military service member or military spouse meets the criteria set forth in this subsection, the Board will issue a license or authorization to the member or spouse to practice nursing in Texas. The member or spouse will not be charged a fee for the issuance of the license. A license issued under this subsection is valid through the third anniversary of the date of the application submission; thereafter, the license is subject to the Board's standard renewal cycle.(3) A military service member or military spouse who is unable to meet the criteria set forth in this subsection remains eligible to seek licensure in Texas, as set forth in §217.2 (relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions), §217.4 (relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction), §221.3 (relating to APRN Education Requirements for Licensure), §221.4 (relating to Licensure as an APRN), §213.30 (relating to Declaratory Order of Eligibility for Licensure), or the other remaining subsections of this section. (4) For a military service member or military spouse applying under this subsection, the Board will:(A) determine whether the jurisdiction in which the member or spouse is licensed has similar licensure scope of practice to the type of license in this state; and(B) not later than 10 business days after the date the member or spouse applies under this section, notify the applicant that the agency is recognizing the out-of-state license by issuing the appropriate license or authorization, that the application is incomplete, or that the agency is unable to issue any license or authorization. (5) While practicing nursing in Texas, the military service member or spouse must comply with all laws and regulations applicable to the practice of nursing in Texas.(6) A military spouse issued a license under this section may continue to practice under the license until the third anniversary of the application submission regardless of the occurrence before that date of divorce or a similar event affecting the license holder's status as a military spouse.", "sourceNote": "Source Note: The provisions of this §217.5 adopted\r\nto be effective September 1, 1999, 24 TexReg 4001; amended to be effective\r\nSeptember 28, 2004, 29 TexReg 9189; amended to be effective April\r\n16, 2006, 31 TexReg 3031; amended to be effective September 26, 2007,\r\n32 TexReg 6519; amended to be effective July 12, 2010, 35 TexReg 6083;\r\namended to be effective July 26, 2011, 36 TexReg 4660; amended to\r\nbe effective January 27, 2020, 45 TexReg 551; amended to be effective\r\nAugust 24, 2020, 45 TexReg 5912; amended to be effective March 15,\r\n2022, 47 TexReg 1276; amended to be effective October 13, 2022, 47\r\nTexReg 6581; amended to be effective March 21, 2024, 49 TexReg 1715;\r\namended to be effective November 30, 2025, 50 TexReg 7565." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209109", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.6", "label": "Failure to Renew License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203343&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203343", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A nurse who is not practicing nursing in Texas and who fails to maintain a current Texas license for a period of time less than four years may bring his or her license up-to-date by filing such forms as the Board may require, showing evidence of having completed 20 contact hours of acceptable continuing education that meets the requirements of Chapter 216 of this title (relating to Continuing Competency) within the two years immediately preceding the application for reactivation, and paying the current licensure fee plus a late fee and any applicable fines, which are not refundable.(b) A nurse who is not practicing nursing and who fails to maintain a current license from any licensing authority for four or more years will be required to:(1) complete a refresher course, extensive orientation to the practice of nursing, or a nursing program of study that meets the requirements prescribed by the Board. The applicant must submit an application to the Board for a temporary permit for the limited purpose of completing a refresher course, extensive orientation to the practice of nursing, or a nursing program of study;(2) submit to the Board evidence of the successful completion of the requirements of paragraph (1) of this subsection;(3) submit to the Board a certificate of completion from the Texas Nursing Jurisprudence Exam;(4) submit to the Board a completed reactivation application;(5) submit to the Board the current, non-refundable licensure fee, plus a late fee and any applicable fees which are not refundable; and(6) submit to the Board evidence of completion of 20 contact hours of acceptable continuing education for the two years immediately preceding the application for reactivation that meets the requirements of Chapter 216 of this title.(c) The Board adopts by reference the following forms, which comprise the instructions and requirements for a refresher course, extensive orientation to the practice of nursing, and a nursing program of study required by this section, and which are available at http://www.bon.state.tx.us/olv/forms.html:(1) Application for Six Month Temporary Permit (RN); and(2) Application for Six Month Temporary Permit (LVN).(d) A nurse who fails to maintain a current Texas license for four years or more and who is licensed and has practiced in another state during the previous four years preceding the application for reactivation in Texas must comply with the requirements of subsection (b)(3) - (6) of this section.(e) The issuance of a license reactivation may be refused to an individual who:(1) fails to submit an application for reactivation; or(2) submits an application which:(A) is incomplete;(B) does not show evidence that the person meets the requirements for reactivation; or(C) is not accompanied by the correct fee(s).(f) The Board's refusal to reactivate a license for the reasons specified in subsection (e) of this section does not entitle an individual to a hearing at the State Office of Administrative Hearings.(g) An individual who is refused a license reactivation and who wishes to reactivate his or her license will be required to:(1) correctly complete the reactivation application;(2) show evidence of meeting all the requirements for reactivation, including completion of 20 contact hours of continuing education that meets the requirements of Chapter 216 of this title; and(3) submit payment of the correct, non-refundable reactivation fee as follows:(A) if the license has been delinquent less than 90 days, the required fee will equal the renewal fee plus one-half the examination fee (see §223.1 of this title (relating to Fees)), plus any applicable fines; or(B) if the license has been delinquent for more than 90 days, the required fee will equal the renewal fee plus the full examination fee (see §223.1 of this title), plus any applicable fines.(h) Special Reactivation Provisions for Actively Deployed Nurses.(1) If a nurse's license lapses and becomes delinquent while serving in the military whenever the United States is engaged in active military operations against any foreign power, the license may be reactivated without penalty or payment of the late renewal fee(s) under the following conditions:(A) The license was active at the time of deployment;(B) The application for reactivation is made while still in the armed services or no later than three months after discharge from active service or return to inactive military status;(C) A copy of the military activation orders or other proof of active military service accompanies the application;(D) The renewal fee is paid; and(E) If the required continuing education contact hours were not earned for reactivation during the earning period, the nurse shall be required to complete the required continuing education hours needed for reactivation no later than three months after discharge from active service, return to inactive military status, or return to the United States from an active war zone.(2) The continuing education contact hours used for reactivation may not be used for the next license renewal.(3) The continuing education contact hours for the next license renewal following reactivation may not be prorated.(i) A nurse whose license has been expired for more than one year and who has been initially or finally convicted of, or has entered a plea of guilty or nolo contendere for, an offense specified in the Occupations Code §301.4535(a); surrendered a license or a privilege in another state or had a license or privilege revoked, suspended, or denied in another state; or been imprisoned following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision may not renew the license until the Board has completed an investigation and reached a final resolution of the matter.(j) Military Spouse.(1) A nurse who is the spouse of an individual serving on active duty as a member of the armed forces of the United States may be exempt from paying the late fees and fines required by this section if the applicant submits to the Board:(A) a completed reactivation application submitted through the Texas Nurse Portal accessible through the Board's website; and(B) documentation showing that the applicant is the spouse of an individual serving on active duty as a member of the armed forces of the United States, also submitted through the Texas Nurse Portal accessible through the Board's website.(2) A nurse submitting an application for reactivation under this section who is the spouse of an individual serving on active duty as a member of the armed forces of the United States and has practiced nursing in any jurisdiction within the four years immediately preceding the application is not required to complete the continuing education contact hours required by this section.(3) All other requirements of this section apply to military spouse applicants.", "sourceNote": "Source Note: The provisions of this §217.6 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective October 11, 2010, 35 TexReg 9093; amended to be effective January 17, 2012, 37 TexReg 120; amended to be effective May 24, 2020, 45 TexReg 3296; amended to be effective May 30, 2022, 47 TexReg 3138." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203343&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203343", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.7", "label": "Change of Name and/or Address" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226824", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A nurse/applicant for licensure shall notify the Board within ten days of a change of name by submitting a legal document reflecting the name change in the Texas Nurse Portal accessible through the Board's website.(b) A nurse/applicant for licensure shall notify the Board within ten days of a change of address by submitting the new address in the Texas Nurse Portal accessible through the Board's website.", "sourceNote": "Source Note: The provisions of this §217.7 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective January 27, 2021, 46 TexReg 555." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226824&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226824", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.9", "label": "Inactive and Retired Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113468", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A nurse may change his/her licensure status from \"active\" to \"inactive\" status by submitting the nurse licensure deactivation form in the Texas Nurse Portal. (b) A nurse may change his/her licensure status from \"active\" or \"inactive\" to \"retired\" or \"volunteer retired\" status. A nurse who elects to change his/her licensure status from \"active\" or \"inactive\" to \"retired\" or \"volunteer retired\" status may do so only if he/she is in good standing with the Board. For purposes of this section, good standing means that the nurse's license is not in delinquent status and that there is no current disciplinary action, disciplinary probation, or pending investigation/s on his/her nursing license/s or authorization/s. A nurse will not be eligible for \"retired\" or \"volunteer retired\" status until all outstanding disciplinary issues have been resolved. Further, a nurse who wishes to change his/her licensure status from \"inactive\" to \"retired\" or \"volunteer retired\" status may do so only if his/her license was in good standing with the Board on the date his/her license became inactive. (c) Retired Status. A nurse who wishes to change his/her licensure status to \"retired\" status and is eligible to do so under subsection (b) of this section must submit a form in the Texas Nurse Portal on the Board's website requesting to use one of the following titles: (1) \"Licensed Vocational Nurse, Retired\"; \"LVN, Retired\"; \"Vocational Nurse, Retired\"; or \"VN, Retired\";(2) \"Registered Nurse, Retired\" or \"RN, Retired\"; or(3) \"RN, Nurse Anesthetist, Retired\"; \"RN, Nurse-Midwife, Retired\"; \"RN, Nurse Practitioner, Retired\"; or \"RN, Clinical Nurse Specialist, Retired\". (d) A nurse whose license is in \"retired\" status may not practice as a nurse.(e) Volunteer Retired Authorization. In compliance with the Occupations Code §112.051, the Board shall adopt rules providing for reduced fees and continuing education requirements for retired health care practitioners whose only practice is voluntary charity care. The Board shall also define voluntary charity care.(1) A nurse who wishes to change his/her licensure status to \"volunteer retired\" status and is eligible to do so under subsection (b) of this section must request authorization from the Board. The nurse must meet the following criteria:(A) Must claim Texas as the nurse's Primary State of Residence in accordance with the Occupations Code Chapter 304, Nurse Licensure Compact, and Chapter 220 of this title; and(B) If applying as a vocational or registered nurse, must have completed at least 10 contact hours of continuing education as required by Chapter 216 of this title during the previous biennium. If applying as a registered nurse with advanced practice recognition, must meet the continuing education requirements of §216.3(c).(2) Application. An applicant for \"volunteer retired\" authorization must complete and submit to the Board an application requesting \"volunteer retired\" authorization as a vocational nurse, registered nurse, or registered nurse with advanced practice authorization in a given role and population focus area.(3) Scope of Authorization for LVN or RN. A nurse holding \"volunteer retired\" authorization may only practice nursing at the level for which he/she formerly held an active/unencumbered license to practice nursing. To qualify as volunteer practice, such practice must be without compensation or expectation of compensation as a direct service volunteer of a charitable organization. When engaging in practice as a volunteer retired nurse, the nurse must comply with the Nursing Practice Act (NPA) and Board rules in their entirety.(4) Scope of Authorization for APRN. A nurse who has authorization in an advanced practice role and population focus area at the time of application for \"volunteer retired\" authorization must continue to practice in collaboration/supervision with a physician qualified in the APRN's role and population focus area, as well as in compliance with all other laws applicable to the APRN's practice setting, both within the NPA and Board rules, as well as other applicable laws.(5) Charitable Organization. A charitable organization is defined in §84.003 of the Texas Civil Practice and Remedies Code and includes any bona fide charitable, religious, prevention of cruelty to children or animals, youth sports and youth recreational, neighborhood crime prevention or patrol, or educational organization (excluding fraternities, sororities, and secret societies), or other organization promoting the common good and general welfare for the people in a community, including these types of organizations with a §501(c)(3) or (4) exemption from federal income tax, some chambers of commerce, and volunteer centers certified by the Department of Public Safety.(6) Renewal. A nurse's \"volunteer retired\" authorization expires on the same date as the nurse's regular license previously expired. Each volunteer retired nurse seeking to renew his/her \"volunteer retired\" authorization must meet all of the requirements of this section, including the continuing education requirements set forth in this section for the applicable renewal period.(7) Penalty. A nurse whose license is in \"volunteer retired\" status shall not receive compensation (monetary or non-monetary benefits) for the practice of nursing. To do so would constitute the practice of vocational, professional, or advanced practice nursing (as applicable) without a license and will subject the volunteer retired nurse to the penalties imposed for this violation.(8) Titles. A nurse holding \"volunteer retired\" authorization may hold him/herself out as and may use one of the titles specified in subsection (c) of this section to reflect the individual nurse's \"volunteer retired\" authorization. Titles representing to the public that a nurse holds \"volunteer retired\" authorization are protected in the same manner as titles listed in the Occupations Code §301.351 and §217.10 of this chapter.(9) Authorization Verification. Authorization verification may be accomplished by accessing the Board's web page at http://www.bon.texas.gov/. (f) A nurse who has not practiced nursing in Texas and whose license has been in an inactive status for less than four years may reactivate the license by completing the reactivation application form, paying the required reactivation fee and the current licensure fee which are non-refundable, and submitting verification of completion of 20 contact hours of continuing education that meets the requirements of Chapter 216 of this title (relating to Continuing Competency) within the two years immediately preceding the application for reactivation.(g) A nurse who has not practiced nursing and whose license has been in an inactive status for four or more years must submit to the Board:(1) a completed reactivation application;(2) verification of successful completion of a refresher course, extensive orientation to the practice of nursing, or a nursing program of study that meets the requirements prescribed by the Board. The nurse must submit an application to the Board for a temporary permit for the limited purpose of completing a refresher course, extensive orientation to the practice of nursing, or a nursing program of study;(3) evidence of completion of 20 contact hours of acceptable continuing education for the two years immediately preceding the application for reactivation that meets the requirements of Chapter 216 of this title;(4) a certificate of successful completion from the Texas Nursing Jurisprudence Exam; and(5) the required reactivation fee, plus the current licensure fee, which are non-refundable.(h) The Board adopts by reference the following forms, which comprise the instructions and requirements for a refresher course, extensive orientation to the practice of nursing, and a nursing program of study required by this section, and which are available at http://www.bon.state.tx.us/olv/forms.html: (1) Application for Six Month Temporary Permit (RN); and(2) Application for Six Month Temporary Permit (LVN).(i) A nurse whose license has been in an inactive status for four years or more and who is licensed and has practiced in another state during the previous four years preceding the application for reactivation in Texas must comply with the requirements of subsection (g)(1) and (3) - (5) of this section.", "sourceNote": "Source Note: The provisions of this §217.9 adopted to be\r\neffective September 1, 1999, 24 TexReg 4001; amended to be effective\r\nJuly 5, 2004, 29 TexReg 6296; amended to be effective January 2, 2006,\r\n30 TexReg 8880; amended to be effective October 11, 2010, 35 TexReg\r\n9093; amended to be effective January 17, 2012, 37 TexReg 122; amended\r\nto be effective February 11, 2018, 43 TexReg 774; amended to be effective\r\nMay 24, 2020, 45 Texeg 3297; amended to be effective November 30,\r\n2025, 50 TexReg 7565." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113468", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.10", "label": "Restrictions to Use of Designations for Licensed Vocational or Registered Nurse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "133132", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Use of title(1) A person who holds a valid current license as a registered nurse under this chapter:(A) is referred to as a registered nurse; and(B) may use the abbreviation \"R.N.\"(2) A person who holds a valid current license as a vocational nurse under this chapter:(A) is referred to as a licensed vocational nurse or vocational nurse; and(B) may use the abbreviation \"L.V.N.\" or \"V.N.\"(3) An applicant for initial licensure by examination in Texas who has valid temporary authorizations to practice professional nursing as a graduate nurse pending the results of the licensing examination may use the initials \"GN \" or the title \"graduate nurse.\"(4) An applicant for initial licensure by examination in Texas who has valid temporary authorization to practice vocational nursing as a graduate vocational nurse pending the results of the licensing examination may use the initials \"GVN\" or the title \"graduate vocational nurse.\"(5) A person who is eligible for licensure by endorsement in Texas, holding a valid Texas temporary license to engage in professional nursing practice, may use the title \"registered nurse\" or \"RN.\"(6) A person who is eligible for licensure by endorsement in Texas, holding a valid Texas temporary license to engage in vocational nursing practice, may use the title \"licensed vocational nurse,\" \"vocational nurse,\" \"LVN,\" and \"VN.\"(7) No other person, other than designated in paragraphs (1) - (6) of this section, may use, where applicable, titles or abbreviations with the word \"nurse\" such as office nurse, staff nurse, head nurse, charge nurse, school nurse, supervisor of nursing or nurses, or any other title tending to imply to the public that the person holds a license to practice nursing in Texas.(8) Any person other than as permitted by law or rule who uses any of the above titles or abbreviations deemed by the board misleading or implying that the individual is a licensed nurse may be subject to potential violation or prosecution under the applicable law.(9) If a nurse holds herself or himself out to the public as being engaged in the practice of nursing, or uses the designations \"licensed vocational nurse,\" \"vocational nurse,\" \"LVN,\" \"VN,\" \"registered nurse,\" or \"RN\" or any combination or variation of those terms and abbreviations, alone or in combination with any other terms, then they must practice in accordance with the Nursing Practice Act and the Rules and Regulations Relating to Nurse Education, Licensure and Practice.(10) Unless the person is practicing under the delegated authority of a registered nurse or is otherwise authorized by state or federal law, a person may not use, in connection with the person's name:(A) the title \"nurse aide,\" \"nurse assistant,\" or \"nurse technician\" or any other similar title; and(B) may not abbreviate the title to \"nurse.\"(b) Display of Designations.(1) While interacting with the public in a nursing role, each licensed nurse shall wear a clearly legible insignia that:(A) displays the nurse's name, but the manner in which the name appears, in reference to use of first name and/or last name, is the nurse's preference in accordance with facility policy, if applicable; and(B) identifies the nurse as a registered nurse or vocational nurse according to licensure.(2) Although the board does not require the inclusion of any other designations, with the exception of the specific authorization of advanced practice nurses, the insignia may not contain information other than:(A) the registered nurse or licensed vocational nurse designation;(B) the nurse's name, certifications, academic degrees, or practice position;(C) the name of the employing facility or agency, or other employer; or(D) a picture of the nurse.(c) Duty to Document Designations. While functioning in a nursing role, each licensed nurse shall document in his/her written communications:(1) the nurse's name, but the manner in which the name appears, in reference to use of first name and/or last name, is the nurse's preference in accordance with facility policy, if applicable; and(2) the nurse's designation as a registered nurse or vocational nurse according to licensure.", "sourceNote": "Source Note: The provisions of this §217.10 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=133132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "133132", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.11", "label": "Standards of Nursing Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196802", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Board of Nursing is responsible for regulating the practice of nursing within the State of Texas for Vocational Nurses, Registered Nurses, and Registered Nurses with advanced practice authorization. The standards of practice establish a minimum acceptable level of nursing practice in any setting for each level of nursing licensure or advanced practice authorization. Failure to meet these standards may result in action against the nurse's license even if no actual patient injury resulted.(1) Standards Applicable to All Nurses. All vocational nurses, registered nurses and registered nurses with advanced practice authorization shall:(A) Know and conform to the Texas Nursing Practice Act and the board's rules and regulations as well as all federal, state, or local laws, rules or regulations affecting the nurse's current area of nursing practice;(B) Implement measures to promote a safe environment for clients and others;(C) Know the rationale for and the effects of medications and treatments and shall correctly administer the same;(D) Accurately and completely report and document:(i) the client's status including signs and symptoms;(ii) nursing care rendered;(iii) physician, dentist or podiatrist orders;(iv) administration of medications and treatments;(v) client response(s); and(vi) contacts with other health care team members concerning significant events regarding client's status;(E) Respect the client's right to privacy by protecting confidential information unless required or allowed by law to disclose the information;(F) Promote and participate in education and counseling to a client(s) and, where applicable, the family/significant other(s) based on health needs;(G) Obtain instruction and supervision as necessary when implementing nursing procedures or practices;(H) Make a reasonable effort to obtain orientation/training for competency when encountering new equipment and technology or unfamiliar care situations;(I) Notify the appropriate supervisor when leaving a nursing assignment;(J) Know, recognize, and maintain professional boundaries of the nurse-client relationship;(K) Comply with mandatory reporting requirements of Texas Occupations Code Chapter 301 (Nursing Practice Act), Subchapter I, which include reporting a nurse:(i) who violates the Nursing Practice Act or a board rule and contributed to the death or serious injury of a patient;(ii) whose conduct causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse;(iii) whose actions constitute abuse, exploitation, fraud, or a violation of professional boundaries; or(iv) whose actions indicate that the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse's continued practice of nursing could reasonably be expected to pose a risk of harm to a patient or another person, regardless of whether the conduct consists of a single incident or a pattern of behavior.(v) except for minor incidents (Texas Occupations Code §§301.401(2), 301.419, 22 TAC §217.16), peer review (Texas Occupations Code §§301.403, 303.007, 22 TAC §217.19), or peer assistance if no practice violation (Texas Occupations Code §301.410) as stated in the Nursing Practice Act and Board rules (22 TAC Chapter 217).(L) Provide, without discrimination, nursing services regardless of the age, disability, economic status, gender, national origin, race, religion, health problems, or sexual orientation of the client served;(M) Institute appropriate nursing interventions that might be required to stabilize a client's condition and/or prevent complications;(N) Clarify any order or treatment regimen that the nurse has reason to believe is inaccurate, non-efficacious or contraindicated by consulting with the appropriate licensed practitioner and notifying the ordering practitioner when the nurse makes the decision not to administer the medication or treatment;(O) Implement measures to prevent exposure to infectious pathogens and communicable conditions;(P) Collaborate with the client, members of the health care team and, when appropriate, the client's significant other(s) in the interest of the client's health care;(Q) Consult with, utilize, and make referrals to appropriate community agencies and health care resources to provide continuity of care;(R) Be responsible for one's own continuing competence in nursing practice and individual professional growth;(S) Make assignments to others that take into consideration client safety and that are commensurate with the educational preparation, experience, knowledge, and physical and emotional ability of the person to whom the assignments are made;(T) Accept only those nursing assignments that take into consideration client safety and that are commensurate with the nurse's educational preparation, experience, knowledge, and physical and emotional ability;(U) Supervise nursing care provided by others for whom the nurse is professionally responsible; and(V) Ensure the verification of current Texas licensure or other Compact State licensure privilege and credentials of personnel for whom the nurse is administratively responsible, when acting in the role of nurse administrator.(2) Standards Specific to Vocational Nurses. The licensed vocational nurse practice is a directed scope of nursing practice under the supervision of a registered nurse, advanced practice registered nurse, physician's assistant, physician, podiatrist, or dentist. Supervision is the process of directing, guiding, and influencing the outcome of an individual's performance of an activity. The licensed vocational nurse shall assist in the determination of predictable healthcare needs of clients within healthcare settings and:(A) Shall utilize a systematic approach to provide individualized, goal-directed nursing care by:(i) collecting data and performing focused nursing assessments;(ii) participating in the planning of nursing care needs for clients;(iii) participating in the development and modification of the comprehensive nursing care plan for assigned clients;(iv) implementing appropriate aspects of care within the LVN's scope of practice; and(v) assisting in the evaluation of the client's responses to nursing interventions and the identification of client needs;(B) Shall assign specific tasks, activities and functions to unlicensed personnel commensurate with the educational preparation, experience, knowledge, and physical and emotional ability of the person to whom the assignments are made and shall maintain appropriate supervision of unlicensed personnel.(C) May perform other acts that require education and training as prescribed by board rules and policies, commensurate with the licensed vocational nurse's experience, continuing education, and demonstrated licensed vocational nurse competencies.(3) Standards Specific to Registered Nurses. The registered nurse shall assist in the determination of healthcare needs of clients and shall:(A) Utilize a systematic approach to provide individualized, goal-directed, nursing care by:(i) performing comprehensive nursing assessments regarding the health status of the client;(ii) making nursing diagnoses that serve as the basis for the strategy of care;(iii) developing a plan of care based on the assessment and nursing diagnosis;(iv) implementing nursing care; and(v) evaluating the client's responses to nursing interventions;(B) Delegate tasks to unlicensed personnel in compliance with Chapter 224 of this title, relating to clients with acute conditions or in acute are environments, and Chapter 225 of this title, relating to independent living environments for clients with stable and predictable conditions.(4) Standards Specific to Registered Nurses with Advanced Practice Authorization. Standards for a specific role and specialty of advanced practice nurse supersede standards for registered nurses where conflict between the standards, if any, exist. In addition to paragraphs (1) and (3) of this subsection, a registered nurse who holds authorization to practice as an advanced practice nurse (APN) shall:(A) Practice in an advanced nursing practice role and specialty in accordance with authorization granted under Board Rule Chapter 221 of this title (relating to practicing in an APN role; 22 TAC Chapter 221) and standards set out in that chapter.(B) Prescribe medications in accordance with prescriptive authority granted under Board Rule Chapter 222 of this title (relating to APNs prescribing; 22 TAC Chapter 222) and standards set out in that chapter and in compliance with state and federal laws and regulations relating to prescription of dangerous drugs and controlled substances.", "sourceNote": "Source Note: The provisions of this §217.11 adopted to be effective September 28, 2004, 29 TexReg 9192; amended to be effective November 15, 2007, 32 TexReg 8165." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196802&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196802", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.12", "label": "Unprofessional Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193194", "queryAsDate": "03/11/2026" }, "ruleBody": "The following unprofessional conduct rules are intended to protect clients and the public from incompetent, unethical, or illegal conduct of licensees. The purpose of these rules is to identify behaviors in the practice of nursing that are likely to deceive, defraud, or injure clients or the public. Actual injury to a client need not be established. These behaviors include but are not limited to:(1) Unsafe Practice--actions or conduct including, but not limited to:(A) Carelessly failing, repeatedly failing, or exhibiting an inability to perform vocational, registered, or advanced practice nursing in conformity with the standards of minimum acceptable level of nursing practice set out in §217.11 of this chapter;(B) Failing to conform to generally accepted nursing standards in applicable practice settings;(C) Improper management of client records;(D) Delegating or assigning nursing functions or a prescribed health function when the delegation or assignment could reasonably be expected to result in unsafe or ineffective client care;(E) Accepting the assignment of nursing functions or a prescribed health function when the acceptance of the assignment could be reasonably expected to result in unsafe or ineffective client care;(F) Failing to supervise the performance of tasks by any individual working pursuant to the nurse's delegation or assignment; or(G) Failure of a clinical nursing instructor to adequately supervise or to assure adequate supervision of student experiences.(2) Failure of a chief administrative nurse to follow standards and guidelines required by federal or state law or regulation or by facility policy in providing oversight of the nursing organization and nursing services for which the nurse is administratively responsible.(3) Failure to practice within a modified scope of practice or with the required accommodations, as specified by the Board in granting an encumbered license or any stipulated agreement with the Board.(4) Conduct that may endanger a client's life, health, or safety.(5) Inability to Practice Safely--demonstration of actual or potential inability to practice nursing with reasonable skill and safety to clients by reason of illness, use of alcohol, drugs, chemicals, or any other mood-altering substances, or as a result of any mental or physical condition.(6) Misconduct--actions or conduct that include, but are not limited to:(A) Falsifying reports, client documentation, agency records or other documents;(B) Failing to cooperate with a lawful investigation conducted by the Board;(C) Causing or permitting physical, emotional or verbal abuse or injury or neglect to the client or the public, or failing to report same to the employer, appropriate legal authority and/or licensing board;(D) Violating professional boundaries of the nurse/client relationship including but not limited to physical, sexual, emotional or financial exploitation of the client or the client's significant other(s);(E) Engaging in sexual conduct with a client, touching a client in a sexual manner, requesting or offering sexual favors, or language or behavior suggestive of the same;(F) Threatening or violent behavior in the workplace;(G) Misappropriating, in connection with the practice of nursing, anything of value or benefit, including but not limited to, any property, real or personal of the client, employer, or any other person or entity, or failing to take precautions to prevent such misappropriation;(H) Providing information which was false, deceptive, or misleading in connection with the practice of nursing;(I) Failing to answer specific questions or providing false or misleading answers in a licensure or employment matter that could reasonably affect the decision to license, employ, certify or otherwise utilize a nurse; or(J) Offering, giving, soliciting, or receiving or agreeing to receive, directly or indirectly, any fee or other consideration to or from a third party for the referral of a client in connection with the performance of professional services.(7) Failure to pay child support payments as required by the Texas Family Code §232.001, et seq.(8) Drug Diversion--diversion or attempts to divert drugs or controlled substances.(9) Dismissal from a board-approved peer assistance program for noncompliance and referral by that program to the Board.(10) Other Drug Related--actions or conduct that include, but are not limited to:(A) Use of any controlled substance or any drug, prescribed or unprescribed, or device or alcoholic beverages while on duty or on call and to the extent that such use may impair the nurse's ability to safely conduct to the public the practice authorized by the nurse's license;(B) Falsification of or making incorrect, inconsistent, or unintelligible entries in any agency, client, or other record pertaining to drugs or controlled substances;(C) Failing to follow the policy and procedure in place for the wastage of medications at the facility where the nurse was employed or working at the time of the incident(s);(D) A positive drug screen for which there is no lawful prescription; or(E) Obtaining or attempting to obtain or deliver medication(s) through means of misrepresentation, fraud, forgery, deception and/or subterfuge.(11) Unlawful Practice--actions or conduct that include, but are not limited to:(A) Knowingly aiding, assisting, advising, or allowing an unlicensed person to engage in the unlawful practice of vocational, registered or advanced practice nursing;(B) Violating an order of the Board, or carelessly or repetitively violating a state or federal law relating to the practice of vocational, registered or advanced practice nursing, or violating a state or federal narcotics or controlled substance law;(C) Aiding, assisting, advising, or allowing a nurse under Board Order to violate the conditions set forth in the Order; or(D) Failing to report violations of the Nursing Practice Act and/or the Board's rules and regulations.(12) Leaving a nursing assignment, including a supervisory assignment, without notifying the appropriate personnel.", "sourceNote": "Source Note: The provisions of this §217.12 adopted to be effective September 28, 2004, 29 TexReg 9192; amended to be effective February 25, 2018, 43 TexReg 1098; amended to be effective October 17, 2019, 44 TexReg 5914." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193194", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.13", "label": "Peer Assistance Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191655", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A peer assistance program for nurses approved by the Board under chapter 467, Health and Safety Code, will identify, monitor, and assist with locating appropriate treatment for those nurses whose practice is impaired or suspected of being impaired by chemical dependency, mental illness or diminished mental capacity so that they may return to practice safe nursing.(b) Role of the Board of Nursing and Peer Assistance Program.(1) The Board of Nursing will retain the sole and exclusive authority to discipline a nurse who has committed a practice violation under §301.452(b) of the Nursing Practice Act regardless of whether such violation was influenced by chemical dependency, mental illness, or diminished mental capacity. The Board will balance the need to protect the public and the need to ensure the nurse seeks treatment in determining whether the nurse is appropriate for participation in an approved peer assistance program.(2) The program shall report to the board, in accordance with policies adopted by the board, a nurse reported to the program who is impaired or suspected of being impaired for chemical dependency, mental illness, or diminished mental capacity if the nurse was reported to the program by third party. A third party report is a report concerning a nurse suspected of chemical dependency, mental illness, or diminished mental capacity that comes to the attention of the program through any source other than a self report.(c) General Criteria for Approved Peer Assistance Program.(1) The program will provide statewide peer advocacy services to all nurses licensed to practice in Texas whose practice may be impaired by chemical dependency, certain mental illnesses, or diminished mental capacity.(2) The program shall have a statewide monitoring system that will be able to track the nurse while preserving confidentiality.(3) The program shall have a network of trained peer volunteer advocates located throughout the state.(4) The program shall have a written plan for the education and training of volunteer advocates and other program personnel.(5) The program shall have a written plan for the education of nurses, other practitioners, and employers.(6) The program shall demonstrate financial stability and funding sufficient to operate the program.(7) The program shall have a mechanism for documenting program compliance and for timely reporting of noncompliance to the board.(8) The program shall be subject to periodic evaluation by the board or its designee in order for the board to evaluate the success of the program.(d) Evaluation of Peer Assistance Program.(1) The program shall collect and make available to the board and other appropriate persons data relating to program operations and participant outcomes. At a minimum, the program shall submit the following statistical information quarterly to the Board for the purpose of evaluating the success of the program:(A) Number and source of referral;(B) Number of individuals who sign participation agreements;(C) Type of participation agreement signed, i.e., Extended Evaluation Program; substance abuse or dependency, dual diagnosis, mental illness;(D) Number of cases referred to program by Board of Nursing (this number should include all third party referrals that are reported to the board, but remain in participation pending board review);(E) Number of participants referred to program by Board order;(F) Number of self referred cases closed and reason(s) for closure;(G) Number of active cases;(H) Number of participants employed in nursing;(I) Number of participants completing program;(J) Number of participants who are reported back for failing to comply with the participation agreement;(K) Monitoring activities, including number of drug screens requested, conducted and results of these tests;(L) All applicable performance measures required by the Legislative Budget Board.(2) The program shall have a written plan for a systematic total program evaluation. Such plan shall include at a minimum monthly reports of the programs activities showing compliance with this rule, quarterly reports of applicable LBB performance measure data and an annual report of program activities.(3) The program shall be subject to periodic evaluation by the board or its designee in order for the board to evaluate the success of the program.(e) Participants entering the approved peer assistance program for chemical dependency or chemical abuse must agree to the following minimum conditions:(1) The nurse shall undergo, as appropriate, a physical and/or psychosocial evaluation before entering the approved monitoring program. This evaluation will be performed by health care professional(s) with expertise in chemical dependency.(2) The nurse shall enter into a contract with the approved peer assistance program to comply with the requirements of the program which shall include, but not be limited to:(A) The nurse will undergo recommended substance abuse treatment by an appropriate treatment facility or provider.(B) The nurse will agree to remain free of all mind-altering substances including alcohol except for medications prescribed by an authorized prescriber for legitimate medical purposes and approved by the program.(C) The nurse must complete the prescribed aftercare, if any, which may include individual and/or group psychotherapy.(D) The nurse will submit to random and \"for cause\" drug screening as specified by the approved monitoring program.(E) The nurse will attend support groups as specified by the contract.(F) The nurse will comply with specified employment conditions and restrictions as defined by the contract.(G) The nurse shall sign a waiver allowing the approved peer assistance program to release, to the extent permitted by federal or state law, information to the Board if the nurse does not comply with the requirements of this contract.(3) The nurse may be subject to disciplinary action by the Board if the nurse does not participate in the approved peer assistance program, does not comply with specified employment restrictions, or does not successfully complete the program.(f) Referral to Board of Noncompliance with Peer Assistance Program.(1) A participant may be terminated from the program for the following causes:(A) Noncompliance with any aspect of the program agreement;(B) Receipt of information by the board which, after investigation, results in disciplinary action by the board; or(C) Being unable to practice according to acceptable and prevailing standards of safe nursing care.(2) The program shall contact the board in accordance with board policies if a nurse under contract fails to comply with the terms of the program agreement or evidences conduct that indicates an inability or unwillingness to comply with the program.(g) Eligibility for Program Participation.(1) The program shall contact the board if it receives a third-party referral for a nurse who may have been impaired or suspected of being impaired and who may have failed to comply with the minimum standards of nursing (22 TAC §217.11) and/or committed an act constituting unprofessional conduct (22 TAC §217.12). The program shall send that report to the Board. The Board will balance the need to protect the public and the need to ensure the impaired nurse seeks treatment in determining whether the nurse is appropriate for participation in an approved peer assistance program.(2) An individual may not participate in the program if the information reviewed in conjunction with the report indicates to the board that the individual's compliance with the program may not be effectively monitored while participating in the program. This information includes, but is not limited to, the following:(A) The individual is not currently licensed as a registered nurse or licensed vocational nurse;(B) The individual is currently using or being prescribed a drug normally associated with chemical dependency or abuse;(C) The individual has a medical and/or psychiatric condition, diagnosis, or disorder, other than chemical dependency, in which the manifest symptoms are not adequately controlled;(D) The individual has attempted or completed two or more chemical dependency monitoring programs as of the date of the application, notwithstanding the individual's current chemical dependency treatment plan and related treatment currently submitted for purposes of program eligibility;(E) The board has taken action against the individual's license to practice nursing as either a registered nurse or a licensed practical nurse in Texas within the last 5 years;(F) The individual has been convicted of a felony, placed on probation or received deferred adjudication relating to a felony, or felony charges are currently pending, or is currently being investigated for a felony; or(G) The individual has been convicted or registered as a sex offender.(h) Successful Completion of the Program. A participant successfully completes the program when the participant fully complies with all of the terms of the program agreement for the period as specified in the agreement. When a participant successfully completes the program, the program shall notify the participant of the successful completion in writing. Once the participant receives this written notification of successful completion of the program, the participant shall no longer be required to comply with the program agreement. The program shall notify the board when a nurse who the board has ordered to attend or referred to the program successfully completes the peer assistance contract.(i) Re-evaluation of Participation in Peer Assistance Program.(1) Each individual receiving an eligibility order requiring participation in a peer assistance program upon initial licensure shall be notified by the Board, upon the issuance of a nursing license, that he/she may request re-evaluation of his/her participation in the peer assistance program.(2) If an individual wishes to have his/her participation in a peer assistance program re-evaluated by the Board, the individual must affirmatively request re-evaluation by the Board and provide the Board with relevant evidence supporting the individual's request.(3) The following factors shall be considered when re-evaluating an individuals' required participation in a peer assistance program:(A) the individual's criminal history record information and whether participation in the program is warranted based upon the time that has elapsed since the individual's conviction or end of community supervision;(B) the individual's participation requirements and the amount of time the individual is required to participate in the peer assistance program based upon the individual's individualized needs; and(C) verifiable and reliable evidence of the individual's sobriety and abstinence from drugs and alcohol, which may include evidence of the completion of inpatient, outpatient, or aftercare treatment, random drug screens, individual or group therapy, letters of support from sponsors, a substance use disorder evaluation, and evidence of support group attendance.(4) An individual must comply with the terms of his/her eligibility order until the Board completes its review under this subsection and issues a decision.(5) The Executive Director is authorized to:(A) review an individual's request for re-evaluation of his/her participation in a peer assistance program under this subsection;(B) amend the participation requirements for an individual based upon the individual's individualized needs and/or the amount of time an individual must participate in the peer assistance program;(C) require the individual to comply with terms and conditions issued and monitored by the Board instead of participating in a peer assistance program; and(D) execute a waiver of an individual's participation in a peer assistance program if the individual has achieved a satisfactory period of treatment or documented sobriety that complies with Board rules and policies, and it is determined that the individual's continued participation is not necessary for the protection of the public.", "sourceNote": "Source Note: The provisions of this §217.13 adopted to be effective February 18, 2008, 33 TexReg 1333; amended to be effective November 18, 2018, 43 TexReg 7530." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191655", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.14", "label": "Registered Nurses Performing Radiologic Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "113470", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registered nurse who performs radiologic procedures other than in a hospital that participates in the federal Medicare program or that is accredited by the Joint Commission shall submit an application for registration to the Board and shall submit evidence including, but not limited to, the following:(1) current licensure as a registered nurse in the State of Texas; and(2) the name and business address of the practitioner or director of radiological services under whose instruction or direction the radiologic procedures are performed.(b) After review by the Board, notification of registration shall be mailed to the registered nurse informing him/her that the registration with the Board has been completed.(c) The registered nurse who is registered to perform radiologic procedures pursuant to subsection (a) of this section shall notify the Board within 30 days of any changes that would render the information on the nurse's application incorrect, including, but not limited to any changes in the identity of the practitioner or director of radiological procedures under whose instruction or direction the radiologic procedures are performed.(d) The registered nurse whose functions include radiologic procedures must act within the scope of the Texas Nursing Practice Act and the Board's rules and complete a training program that adequately prepares the nurse to provide safe and effective nursing care in that role. Further, the nurse shall comply with the requirements and limitations of the Medical Radiologic Technologist Certification Act (Occupations Code Chapter 601) and any applicable rules of the Texas Medical Board. In addition, to the extent applicable, the registered nurse must be in compliance with the Texas Medical Practice Act, the Texas Pharmacy Act, and any other applicable laws of the State of Texas.(e) Each nurse shall be responsible for maintaining a record demonstrating completion of an appropriate training program that has adequately prepared the nurse to perform radiologic procedures. These records shall document attendance and completion of the training program, as evidenced by original certificates of attendance and completion, and must be available for submission to the Board upon audit. These records shall be maintained by the nurse for a minimum of three consecutive renewal periods or six years.(f) Any nurse who violates these rules, the applicable rules of the Texas Medical Board, or other applicable law shall be subject to disciplinary action.", "sourceNote": "Source Note: The provisions of this §217.14 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 10, 2013, 38 TexReg 4356; amended to be effective October 12, 2016, 41 TexReg 8066; amended to be effective August 9, 2018, 43 TexReg 5084." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=113470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "113470", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.15", "label": "Copying the License/Permit/Permanent Certificate of a Licensed Vocational Nurse/Registered Nurse/Graduate Nurse/Advanced Practice Nurse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191013", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The licensee or permit holder has the responsibility to protect his or her license/permit/permanent certificate from loss and potential fraudulent or unlawful use.(b) A licensee or permit holder shall only allow his or her license/permit certificate to be copied for the purpose of licensure verification by employers, licensing boards, professional organizations, nursing programs, and third party payors for credentialing and reimbursement purposes. Other persons and/or agencies may contact the board's office in writing or by phone to verify licensure.", "sourceNote": "Source Note: The provisions of this §217.15 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191013", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.16", "label": "Minor Incidents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138344", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. A \"minor incident\", as defined under the Texas Nursing Practice Act, Texas Occupations Code §301.401(2), means conduct by a nurse that may be a violation of the Texas Nursing Practice Act or a Board rule but does not indicate the nurse's continued practice poses a risk of harm to a patient or another person. This term is synonymous with \"minor error\" or 'minor violation of the Texas Nursing Practice Act or Board rule'.(b) Purpose. The Board believes protection of the public is not enhanced by the reporting of every minor incident that may be a violation of the Texas Nursing Practice Act or a Board rule. The Board also believes it may not be necessary to report directly to the Board when there are mechanisms in place in the nurse's practice setting to identify nursing errors, detect patterns of practice, and take corrective action to remediate deficits in a nurse's knowledge, skill, judgment, training, professional responsibility, or patient advocacy. This rule is intended to provide guidance in evaluating whether nursing practice breakdown is subject to mandatory reporting requirements. Additionally, this rule is not intended to apply to 'employment issues' that are unrelated to the practice of nursing, such as time, attendance, dress code, etc.(c) A Right to Report. Nurses and other persons are encouraged not to report minor incidents to the Board unless required to be reported as outlined in subsection (h) of this section. However, nothing in this rule is intended to prevent reporting of a potential violation directly to the Board or to a nursing peer review committee.(d) In evaluating whether an error is a minor incident, a combination of factors must be reviewed, including the nurse's conduct, those factors viewed to be beyond the nurse's control, and the relationship between the two that influenced or impacted the nursing practice breakdown.(1) Initially, the nurse's conduct shall be evaluated to determine whether deficit(s) in knowledge, judgment, skills, professional responsibility, or patient advocacy contributed to the incident.(A) If it is determined that the nurse's practice has no deficit(s), as described in paragraph (1) of this subsection, the incident may not reach the level of a minor incident.(B) If it is determined that the nurse's practice deficit(s), as described in paragraph (1) of this subsection, contributed to the error, then a determination of whether remediation will address any identified deficit(s) is required.(i) If remediation will address the deficit(s), a remediation plan shall be developed to address the deficit(s).(ii) If remediation will not address the deficit(s), then the error cannot be considered a minor incident and the nurse must be reported to the nursing peer review committee or, in practice settings with no nursing peer review, to the Board.(iii) If the determination is that the nurse could be remediated and the nurse does not complete the required remediation, then the nurse must be reported to a nursing peer review committee or the Board.(2) Additionally, the presence of factors beyond the nurse's control shall also be evaluated for contribution to the incident, and if found, reported to the patient safety committee, or if the facility does not have a patient safety committee, to the chief nursing officer.(3) When there are factors beyond the nurse's control, the relationship between the nurse's contribution to the incident and the factors beyond the nurse's control shall be evaluated.(A) If factors beyond the nurse's control are identified, the incident should be evaluated to determine if the error would have occurred in the absence of such factors.(B) If the error would not have occurred but for the factors beyond the nurse's control, the incident may not be reviewable under this rule.(C) The presence of factors beyond the nurse's control does not automatically exclude the possibility that the nurse's conduct also contributed to the error. Any identified deficits by the nurse must be addressed in accordance with paragraph (1)(B) of this subsection, even if factors beyond the nurse's control are also identified.(4) Misclassifying to Avoid Reporting. Intentionally misclassifying an incident to avoid reporting may result in a violation of the mandatory reporting statute (see subsection (h) of this section).(e) Multiple Incidents.(1) Evaluation of Conduct. In determining whether multiple minor incidents constitute grounds for reporting, an evaluation must be conducted to determine if the minor incidents indicate a pattern of practice that demonstrates the nurse's continued practice poses a risk of harm and should be reported to the nursing peer review committee or the Board.(2) Frequency of Incidents. In practice settings with nursing peer review, the nurse must be reported to the nursing peer review committee if a nurse commits five minor incidents within a 12-month period. In practice settings with no nursing peer review, the nurse who commits five minor incidents within a 12-month period must be reported to the Board.(f) Required Documentation of Minor Incidents. A minor incident should be documented as follows: a report must be prepared, monitored, and maintained for a minimum of 12 months that contains:(1) a complete, detailed description of the incident(s), including patient(s) medical record number(s), nurse(s) involved, witnesses and, if applicable, a summary of witness statements, and any additional relevant information;(2) an evaluation of the incident(s);(3) the action taken to correct or remedy the situation; and(4) evidence of completed remediation.(g) Responsibilities.(1) The Chief Nursing Officer, Nurse Administrator, or registered nurse by any title who is responsible for nursing services shall develop and implement a policy to assure that minor incidents are handled in compliance with this rule and any other applicable law.(2) The Nurse Manager, Nurse Supervisor, or registered nurse by any title who is responsible for managing and/or supervising nurses, regardless of the time frame or number of minor incidents, must report a nurse to the nursing peer review committee or, in practice settings with no nursing peer review, to the Board if he/she believes the minor incidents indicate a pattern of practice that poses a risk of harm that cannot be remediated.(3) If a report is made to the nursing peer review committee, the committee must investigate and conduct incident-based nursing peer review in compliance with Texas Occupations Code Chapter 303 and §217.19 of this title.(h) Some conduct falls outside the definition of a minor incident and must be reported to a nursing peer review committee or to the Board. This includes:(1) conduct that ignores a substantial risk that exposed a patient or other person to significant physical, emotional or financial harm or the potential for such harm;(2) conduct that violates the Texas Nursing Practice Act or a Board rule and contributed to the death or serious injury of a patient(3) a practice related violation involving impairment or suspected impairment by reason of chemical dependency, intemperate use, misuse or abuse of drugs or alcohol, mental illness, or diminished mental capacity;(4) a violation of Board Rule 217.12 with actions that constitute abuse, exploitation, fraud, or a violation of professional boundaries; or(5) actions that indicate the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse's continued practice of nursing could reasonably be expected to pose a risk of harm to a patient or another person, regardless of whether the conduct consists of a single incident or a pattern of behavior.", "sourceNote": "Source Note: The provisions of this §217.16 adopted to be effective May 20, 2018, 43 TexReg 3238." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138344&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138344", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.17", "label": "Nursing Jurisprudence Exam (NJE)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123209", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Exam Development.(1) The Board will develop a Nursing Jurisprudence Exam (NJE) as authorized by Nursing Practice Act (NPA) §301.252.(2) The NJE will be required for each person who submits an application seeking initial licensure on or after September 1, 2008.(3) The NJE will be a minimum of 50 questions and shall be psychometrically validated.(4) The NJE shall be designed to test an applicant's knowledge relating to board statutes, rules, position statements, guidelines, disciplinary sanction policies, frequently asked questions, and other resource documents accessible on the board's web page relating to the regulation, licensure, and practice of nursing under the following categories:(A) Nursing Licensure and Regulation in Texas;(B) Nursing Ethics;(C) Nursing Practice;(D) Nursing Peer Review;(E) Disciplinary Action.(b) Grading Procedures.(1) In this chapter, applicants required to take the NJE exam, must achieve a passing score as determined by the Board of Nursing in consultation with a psychometrician. Should an applicant fail to achieve a passing score on the NJE, such applicant, shall retake the NJE until such time as a passing score is achieved.(2) In accordance with NPA §301.252(a)(3), an applicant for initial nursing licensure in Texas shall not be granted a nursing license until the applicant achieves a passing score on the NJE.(3) A person who has passed the NJE shall not be required to retake the NJE for another or similar license, except as a specific requirement of the board.(4) A passing grade on the NJE is valid for purposes of licensure for one year from the date the passing grade is achieved.(c) Taking the NJE.(1) An applicant may take the NJE at any time during the application process.(2) Should an applicant fail to achieve a minimum passing score on the NJE, such applicant may retake the NJE until such time as a passing score is achieved.(d) Notice of Results.(1) Attaining a passing score on the NJE is a requirement of initial licensure in Texas effective September 1, 2008.(2) Each applicant will be notified upon successful completion of all requirements for initial licensure.", "sourceNote": "Source Note: The provisions of this §217.17 adopted to be effective November 15, 2007, 32 TexReg 8167; amended to be effective October 19, 2008, 33 TexReg 8512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123209", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.18", "label": "Assisting at Surgery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190611", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Nurse First Assistants.(1) A registered nurse who wishes to function as a first assistant (RNFA) in surgery shall meet the following requirements :(A) Current licensure as a registered nurse in the State of Texas or a current, valid registered nurse license with a multi-state privilege in a party state;(B) Completion of a nurse first assistant educational program approved or recognized by an organization recognized by the Board; and(C) Is either:(i) currently certified in perioperative nursing by an organization recognized by the board (CNOR certification in perioperative nursing); or(ii) currently recognized by the board as an advanced practice nurse and qualified by education, training, or experience to perform the tasks involved in perioperative nursing.(2) When collaborating with other health care providers, the RNFA shall be accountable for knowledge of the statutes and rules relating to RNFAs and function within the scope of the registered nurse. Advanced practice nurses functioning as first assistants under the authority of (a)(1)(C)(ii) of this subsection shall function within the scope of the advanced role and specialty for which they hold authorization to practice from the board.(3) A registered nurse (including an advanced practice nurse) functioning as a first assistant in surgery shall comply with the standards set forth by the AORN.(b) Assisting at Surgery by Other Nurses.(1) A nurse who is not a nurse first assistant as defined in subsection (a) of this section may assist a physician, podiatrist, or dentist in the performance of surgery if the nurse:(A) Has current licensure as a nurse in the State of Texas or a current, valid nursing license with a multi-state privilege in a party state;(B) Assists under the direct personal supervision and in the physical presence of the physician, podiatrist, or dentist;(C) Is in the same sterile field as the physician, podiatrist, or dentist;(D) Is employed by:(i) the physician, podiatrist, or dentist;(ii) a group to which the physician, podiatrist, or dentist belongs; or(iii) a hospital licensed or owned by the state; and(E) Is qualified by education, training, or experience to perform the tasks assigned to the nurse.(2) A nurse assisting in the performance of surgery under this subsection shall not use:(A) The title \"nurse first assistant\" or \"registered nurse first assistant,\"(B) The abbreviation \"R.N.F.A.,\" or(C) Any other title or abbreviation that implies to the public that the person is qualified as a nurse first assistant under subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §217.18 adopted to be effective March 13, 2002, 27 TexReg 1735; amended to be effective February 20, 2003, 28 TexReg 1381; amended to be effective February 19, 2006, 31 TexReg 850." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190611", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.19", "label": "Incident-Based Nursing Peer Review and Whistleblower Protections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196807", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Assignment--Designated responsibility for the provision or supervision of nursing care for a defined period of time in a defined work setting. This includes but is not limited to the specified functions, duties, practitioner orders, supervisory directives, and amount of work designated as the individual nurse's responsibility. Changes in the nurse's assignment may occur at any time during the work period.(2) Bad Faith--Knowingly or recklessly taking action not supported by a reasonable factual or legal basis. The term includes misrepresenting the facts surrounding the events under review, acting out of malice or personal animosity towards the nurse, acting from a conflict of interest, or knowingly or recklessly denying a nurse due process.(3) Chief Nursing Officer (CNO)--The registered nurse, by any title, who is administratively responsible for the nursing services at a facility, association, school, agency, or any other setting that utilizes the services of nurses.(4) Conduct Subject to Reporting defined by Texas Occupations Code (TOC) §301.401 of the Nursing Practice Act as conduct by a nurse that:(A) violates the Nursing Practice Act (NPA) or a Board rule and contributed to the death or serious injury of a patient;(B) causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse;(C) constitutes abuse, exploitation, fraud, or a violation of professional boundaries; or(D) indicates that the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse's continued practice of nursing could reasonably be expected to pose a risk of harm to a patient or another person, regardless of whether the conduct consists of a single incident or a pattern of behavior.(5) Duty to a patient--A nurse's duty is to always advocate for patient safety, including any nursing action necessary to comply with the standards of nursing practice (§217.11 of this title) and to avoid engaging in unprofessional conduct (§217.12 of this title). This includes administrative decisions directly affecting a nurse's ability to comply with that duty.(6) Good Faith--Taking action supported by a reasonable factual or legal basis. Good faith precludes misrepresenting the facts surrounding the events under review, acting out of malice or personal animosity, acting from a conflict of interest, or knowingly or recklessly denying a nurse due process.(7) Incident-Based Nursing Peer Review--Incident-based nursing peer review focuses on determining if a nurse's actions, be it a single event or multiple events (such as in reviewing up to five (5) minor incidents by the same nurse within a year's period of time), should be reported to the Board or if the nurse's conduct does not require reporting because the conduct constitutes a minor incident that can be remediated. The review includes whether external factors beyond the nurse's control may have contributed to any deficiency in care by the nurse and to report such findings to a patient safety committee as applicable.(8) Malice--Acting with a specific intent to do substantial injury or harm to another.(9) Minor incident--Conduct by a nurse that does not indicate that the nurse's continued practice poses a risk of harm to a patient or another person as described in §217.16 of this title.(10) Nurse Administrator--Chief Nursing Officer (CNO) or the CNO's designee.(11) Nursing Peer Review Law (NPR Law)--Chapter 303 of the TOC. Nurses involved in nursing peer review must comply with the NPR Law.(12) Nursing Practice Act (NPA)--Chapter 301 of the TOC. Nurses must comply with the NPA.(13) Patient Safety Committee--Any committee established by an association, school, agency, health care facility, or other organization to address issues relating to patient safety including:(A) the entity's medical staff composed of individuals licensed under Subtitle B (Medical Practice Act, TOC §§151.001, et seq.);(B) a medical committee under Chapter 161, Subchapter D of the Health and Safety Code (§§161.031 - 161.033); or(C) a multi-disciplinary committee, including nursing representation, or any committee established by the same entity to promote best practices and patient safety.(14) Peer Review--Defined by TOC §303.001(5) (NPR Law) as the evaluation of nursing services, the qualifications of a nurse, the quality of patient care rendered by a nurse, the merits of a complaint concerning a nurse or nursing care, and a determination or recommendation regarding a complaint. The term also includes the provision of information, advice, and assistance to nurses and other persons relating to the rights and obligations of and protections for nurses who raise care concerns, report under Chapter 301, request nursing peer review, and the resolution of workplace and practice questions relating to nursing and patient care. The nursing peer review process is one of fact finding, analysis and study of events by nurses in a climate of collegial problem solving focused on obtaining all relevant information about an event. Nursing peer review conducted by any entity must comply with NPR Law and with applicable Board rules related to incident-based or safe harbor nursing peer review.(15) Safe Harbor--A process that protects a nurse from employer retaliation, suspension, termination, discipline, discrimination, and licensure sanction when a nurse makes a good faith request for nursing peer review of an assignment or conduct the nurse is requested to perform and that the nurse believes could result in a violation of the NPA or Board rules. Safe Harbor must be invoked prior to engaging in the conduct or assignment for which nursing peer review is requested, and may be invoked at anytime during the work period when the initial assignment changes.(16) Texas Occupations Code (TOC)--One of the topical subdivisions or \"codes\" into which the Texas Statutes or laws are organized. The TOC contains the statutes governing occupations and professions including the health professions. Both the NPA and NPR Law are located within these statutes. The TOC can be changed only by the Texas Legislature.(17) Whistleblower Protections--Protections available to a nurse that prohibit retaliatory action by an employer or other entity because the nurse:(A) made a good faith request for Safe Harbor Nursing Peer Review under TOC §303.005(c) (NPR Law) and §217.20 of this title;(B) refused to engage in an act or omission relating to patient care that would constitute a violation of the NPA or Board rules as permitted by TOC §301.352 (NPA) (Protection for Refusal to Engage in Certain Conduct). A nurse invoking Safe Harbor under §217.20 of this title must comply with §217.20(g) of this title if the nurse refuses to engage in the conduct or assignment; or(C) made a lawful report of unsafe practitioners, or unsafe patient care practices or conditions, in accordance with TOC §301.4025 (NPA) (report of unsafe practices of non-nurse entities) and subsection (j)(2) of this section.(b) Purpose. The purpose of this rule is to:(1) define minimum due process to which a nurse is entitled under incident-based nursing peer review;(2) provide guidance to facilities, agencies, schools, or anyone who utilizes the services of nurses in the development and application of incident-based nursing peer review plans;(3) assure that nurses have knowledge of the plan; and(4) provide guidance to the incident-based nursing peer review committee in its fact finding process.(c) Applicability of Incident-Based Nursing Peer Review. TOC §303.0015 (NPR Law) requires a person who regularly employs, hires or contracts for the services of eight (8) or more nurses (for nursing peer review of an RN, at least four (4) of the 8 must be RNs) to conduct nursing peer review for purposes of TOC §301.401(1) and §301.402(e) (NPA) (relating to alternate reporting by nurses to nursing peer review when a nurse engages in conduct subject to reporting), §301.403 (relating to nursing peer review committee reporting), §301.405(c) (relating to nursing peer review of external factors as part of employer reporting), and §301.407(b) (relating to alternate reporting by state agencies to nursing peer review).(d) Minimum Due Process.(1) A licensed nurse subject to incident-based nursing peer review is entitled to minimum due process under TOC §303.002(e) (NPR Law). Any person or entity that conducts incident-based nursing peer review must comply with the due process requirements of this section even if the person or entity does not utilize the number of nurses described by subsection (c) of this section.(2) A facility conducting incident-based nursing peer review shall have written policies and procedures that, at a minimum, address:(A) the level of participation of nurse or nurse's representative at an incident-based nursing peer review hearing beyond that required by this subsection;(B) confidentiality and safeguards to prevent impermissible disclosures including written agreement by all parties to abide by TOC §§303.006, 303.007, 303.0075 (NPR Law) and subsection (h) of this section;(C) handling of cases involving nurses who are impaired or suspected of being impaired by chemical dependency, drug or alcohol abuse, substance abuse/misuse, \"intemperate use,\" mental illness, or diminished mental capacity in accordance with the TOC §301.410, and subsection (g) of this section;(D) reporting of nurses to the Board by incident-based nursing peer review committee in accordance with the TOC §301.403, and subsection (i) of this section; and(E) effective date of changes to the policies which in no event shall apply to incident-based nursing peer review proceedings initiated before the change was adopted unless agreed to in writing by the nurse being reviewed.(3) In order to meet the minimum due process required by TOC Chapter 303 (NPR Law), the nursing peer review committee must:(A) comply with the membership and voting requirements as set forth in TOC §303.003 (NPR Law);(B) exclude from the committee, including attendance at the nursing peer review hearing, any person or persons with administrative authority for personnel decisions directly relating to the nurse. This requirement does not exclude a person who is administratively responsible over the nurse being reviewed from appearing before the committee to speak as a fact witness;(C) provide written notice to the nurse in person or by certified mail at the last known address the nurse has on file with the facility that:(i) the nurse's practice is being evaluated;(ii) the incident-based nursing peer review committee will meet on a specified date not sooner than 21 calendar days and not more than 45 calendar days from date of notice, unless:(I) the incident-based nursing peer review committee determines an extended time period (extending the 45 days by no more than an additional 45 days) is necessary in order to consult with a patient safety committee; or(II) otherwise agreed upon by the nurse and incident-based nursing peer review committee; and(iii) includes the information required by subparagraph (D) of this paragraph.(D) Include in the notice required by subparagraph (C) of this paragraph:(i) a description of the event(s) to be evaluated in sufficient detail to inform the nurse of the incident, circumstances and conduct (error or omission), including date(s), time(s), location(s), and individual(s) involved. The patient/client shall be identified by initials or number to the extent possible to protect confidentiality but the nurse shall be provided the name of the patient/client;(ii) the name, address, telephone number of contact person to receive the nurse's response; and(iii) a copy of this rule (§217.19 of this title) and a copy of the facility's incident-based nursing peer review plan, policies and procedures.(E) provide the nurse the opportunity to review, in person or by attorney, the documents concerning the event under review, at least 15 calendar days prior to appearing before the committee;(F) provide the nurse the opportunity to:(i) submit a written statement regarding the event under review;(ii) call witnesses, question witnesses, and be present when testimony or evidence is being presented;(iii) be provided copies of the witness list and written testimony or evidence at least 48 hours in advance of proceeding;(iv) make an opening statement to the committee;(v) ask questions of the committee and respond to questions of the committee; and(vi) make a closing statement to the committee after all evidence is presented;(G) complete its review no more than fourteen (14) calendar days after the incident-based nursing peer review hearing, or in compliance with subparagraph (C)(ii) of this paragraph relating to consultation with a patient safety committee;(H) provide written notice to the nurse in person or by certified mail at the last known address the nurse has on file with the facility of the findings of the committee within ten (10) calendar days of when the committee's review has been completed; and(I) permit the nurse to file a written rebuttal statement within ten (10) calendar days of the notice of the committee's findings and make the statement a permanent part of the incident-based nursing peer review record to be included whenever the committee's findings are disclosed;(4) An incident-based nursing peer review committee's determination to report a nurse to the Board cannot be overruled, changed, or dismissed.(5) Nurse's Right to Representation.(A) A nurse shall have a right of representation as set out in this paragraph. These rights are minimum requirements and a facility may allow the nurse more representation. The incident-based nursing peer review process is not a legal proceeding; therefore, rules governing legal proceedings and admissibility of evidence do not apply and the presence of attorneys is not required.(B) The nurse has the right to be accompanied to the hearing by a nurse peer or an attorney. Representatives attending the incident-based nursing peer review hearing must comply with the facility's incident-based nursing peer review policies and procedures regarding participation beyond conferring with the nurse.(C) If either the facility or nurse will have an attorney or representative present at the incident-based nursing peer review hearing in any capacity, the facility or nurse must notify the other at least seven (7) calendar days before the hearing that they will have an attorney or representative attending the hearing and in what capacity.(D) Notwithstanding any other provisions of these rules, if an attorney representing the facility or incident-based nursing peer review committee is present at the incident-based nursing peer review hearing in any capacity, including serving as a member of the incident-based nursing peer review committee, the nurse is entitled to \"parity of participation of counsel.\" \"Parity of participation of counsel\" means that the nurse's attorney is able to participate to the same extent and level as the facility's attorney, e.g., if the facility's attorney can question witnesses, the nurse's attorney must have the same right.(6) A nurse whose practice is being evaluated may properly choose not to participate in the proceeding after the nurse has been notified under paragraph (3)(C) of this subsection. If a nurse elects not to participate in incident-based nursing peer review, the nurse waives any right to procedural due process under TOC §303.002 (NPR Law) and this subsection.(e) Use of Informal Workgroup In Incident Based Nursing Peer Review. A facility may choose to initiate an informal review process utilizing a workgroup of the nursing incident-based nursing peer review committee provided there are written policies for the informal workgroup that require:(1) the nurse be informed of how the informal workgroup will function, and consent, in writing, to the use of an informal workgroup. A nurse does not waive any right to incident-based nursing peer review by accepting or rejecting the use of an informal workgroup;(2) if the informal workgroup suspects that the nurse's practice is impaired by chemical dependency or diminished mental capacity, the chairperson must be notified to determine if nursing peer review should be terminated and the nurse reported to the Board or to a Board-approved peer assistance program as required by subsection (g) of this section;(3) the informal workgroup comply with the membership and voting requirements of subsection (d)(3)(A) and (B) of this section;(4) the nurse be provided the opportunity to meet with the informal workgroup;(5) the nurse have the right to reject any decision of the informal workgroup and to then have his/her conduct reviewed by the nursing peer review committee, in which event members of the informal workgroup shall not participate in that determination; and(6) ratification by the committee chairperson of any decision made by the informal workgroup. If the chairperson disagrees with a determination of the informal workgroup, the chairperson shall convene the full nursing peer review committee to make a determination regarding the conduct in question; and(7) the chairperson communicate any decision of the informal workgroup to the CNO or nurse administrator(f) Exclusions to Minimum Due Process Requirements. The minimum due process requirements set out in subsection (d) of this section do not apply to:(1) nursing peer review conducted solely in compliance with TOC §301.405(c) (NPA) relating to review of external factors, after a report of a nurse to the Board has already occurred under TOC §301.405(b) (relating to mandatory report by employer, facility or agency);(2) reviews governed by subsection (g) of this section involving nurses whose practice is suspected of being impaired due to chemical dependency, drug or alcohol abuse, substance abuse/misuse, \"intemperate use,\" mental illness, or diminished mental capacity; or(3) when a person required to report a nurse believes that a nurse's practice is impaired or suspected of being impaired and has also resulted in a violation under TOC §301.410(b), that requires a direct report to the Board.(g) Incident-Based Nursing Peer Review of a Nurse's Impaired Practice/Lack of Fitness.(1) When a nurse's practice is impaired or suspected of being impaired due to chemical dependency, drug or alcohol abuse, substance abuse/misuse, \"intemperate use,\" mental illness, or diminished mental capacity, nursing peer review of the nurse shall be suspended. The nurse shall be reported to the Board or to a Board-approved peer assistance program in accordance with TOC §301.410 (related to reporting of impairment):(A) if there is no reasonable factual basis for determining that a practice violation is involved, the nurse shall be reported to:(i) the Board; or(ii) a Board-approved peer assistance program, that shall handle reporting the nurse in accordance with §217.13 of this title; or(B) if there is a reasonable factual basis for a determination that a practice violation is involved, the nurse shall be reported to the Board.(2) Following suspension of nursing peer review of the nurse, the committee shall proceed to evaluate external factors to determine if:(A) any factors beyond the nurse's control contributed to a practice violation; and(B) any deficiency in external factors enabled the nurse to engage in unprofessional or illegal conduct.(3) If the committee determines under paragraph (2) of this subsection that external factors do exist for either paragraph (2)(A) or (B) of this subsection, the committee shall report its findings to a patient safety committee or to the CNO or nurse administrator if there is no patient safety committee.(4) A facility, organization, contractor, or other entity does not violate a nurse's right to due process under subsection (d) of this section by suspending the committee's review of the nurse and reporting the nurse to the Board or a Board-approved peer assistance program in accordance with paragraph (1) of this subsection.(5) Paragraph (1) of this subsection does not preclude a nurse from self-reporting to a peer assistance program or appropriate treatment facility.(h) Confidentiality of Proceedings.(1) Confidentiality of information presented to and/or considered by the incident-based nursing peer review committee shall be maintained and the information not disclosed except as provided by TOC §§303.006, 303.007, and 303.0075 (NPR Law). Disclosure/discussion by a nurse with the nurse's attorney is proper because the attorney is bound to the same confidentiality requirements as the nurse.(2) In accordance with TOC §303.0075, a nursing incident-based nursing peer review committee, including an entity contracted to conduct nursing peer review under TOC §303.0015(b), and any patient safety committee established by the same entity, may share information.(A) A record or determination of a patient safety committee, or a communication made to a patient safety committee, is not subject to subpoena or discovery and is not admissible in any civil or administrative proceeding, regardless of whether the information has been provided to a nursing peer review committee.(B) The privileges under this subsection may be waived only through a written waiver signed by the chair, vice chair, or secretary of the patient safety committee.(C) This section does not affect the application of TOC §303.007 (NPR Law) (relating to disclosures by nursing peer review committee) to a nursing peer review committee.(D) A committee that receives information from another committee shall forward any request to disclose the information to the committee that provided the information.(3) A CNO or Nurse Administrator shall assure that policies are in place relating to sharing of information and documents between an incident-based nursing peer review committee and a patient safety committee(s) that at a minimum, address:(A) separation of confidential incident-based nursing peer review information from the nurse's human resource file;(B) methods in which shared communications and documents are labeled and maintained as to which committee originated the documents or communications;(C) the confidential and separate nature of incident-based nursing peer review and patient safety committee proceedings including shared information and documents; and(D) the treatment of nurses who violate the policies including when a violation may result in a nurse being reported to the Board or a nursing peer review committee.(i) Committee Responsibility to Evaluate and Report.(1) In evaluating a nurse's conduct, the incident-based nursing peer review committee shall review the evidence to determine the extent to which any deficiency in care by the nurse was the result of deficiencies in the nurse's judgment, knowledge, training, or skill rather than other factors beyond the nurse's control. A determination that a deficiency in care is attributable to a nurse must be based on the extent to which the nurse's conduct was the result of a deficiency in the nurse's judgment, knowledge, training, or skill.(A) For errors involving the death or serious injury of a patient, if a nursing peer review committee makes a determination that a nurse has not engaged in conduct subject to reporting to the Board, the committee must maintain documentation of the rationale for its belief that the nurse's conduct failed to meet each of the factors in the definition of \"conduct subject to reporting\", as defined in TOC §301.401(1)(A) - (D) and subsection (a)(4)(A) - (D) of this section.(B) Conduct subject to reporting means conduct by a nurse that:(i) violates the NPA or a Board rule and contributed to the death or serious injury of a patient;(ii) causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse;(iii) constitutes abuse, exploitation, fraud, or a violation of professional boundaries; or(iv) indicates that the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse's continued practice of nursing could reasonably be expected to pose a risk of harm to a patient or another person, regardless of whether the conduct consists of a single incident or a pattern of behavior.(2) An incident-based nursing peer review committee shall consider whether a nurse's conduct constitutes one or more minor incidents under §217.16 of this title. A nursing peer review committee receiving a report involving a minor incident or incidents must review the incident(s) and other conduct of the nurse during the previous 12 months to determine if the nurse's continued practice poses a risk of harm to patients or other persons and whether remediation would be reasonably expected to adequately mitigate such risk, if it exists. The committee must consider the factors set out in §217.16(d) of this title. In accordance with §217.16, the committee may determine that the nurse:(A) can be remediated to correct the deficiencies identified in the nurse's judgment, knowledge, training, or skill; or(B) should be reported to the Board for either a pattern of practice that fails to meet minimum standards, or for one or more events that the incident-based nursing peer review committee determines cannot be categorized as a minor incident(s); or(C) if a nurse terminates employment while undergoing remediation activities as directed by a nursing peer review committee under paragraph (2)(A) of this subsection, the nursing peer review committee may:(I) report the nurse to the Board;(II) report to the nursing peer review committee of the new employer, if known, with the nurse's written consent; or(III) re-evaluate the nurse's current conduct to determine if the nurse did complete sufficient remediation and is deemed safe to practice.(3) An incident-based nursing peer review committee is not required to submit a report to the Board if:(A) the committee determines that the reported conduct was a minor incident that is not required to be reported in accordance with provisions of §217.16 of this title; or(B) the nurse has already been reported to the Board under TOC §301.405(b) (NPA) (employer reporting requirements).(4) Unless the exceptions outlined in paragraph (3)(A) and (B) of this subsection are met, an incident-based nursing peer review committee shall report a nurse to the Board if it is determined that the nurse has engaged in conduct subject to reporting.(5) If the committee determines it is required to report a nurse to the Board, the committee shall submit to the Board a written, signed report that includes:(A) the identity of the nurse;(B) description of the conduct subject to reporting;(C) a description of any corrective action taken against the nurse;(D) a recommendation as to whether the Board should take formal disciplinary action against the nurse, and the basis for the recommendation;(E) the extent to which any deficiency in care provided by the reported nurse was the result of a factor beyond the nurse's control; and(F) any additional information the Board requires.(6) If an incident-based nursing peer review committee determines that a deficiency in care by the nurse was the result of a factor(s) beyond the nurse's control, in compliance with TOC §303.011(b) (NPR Law) (related to required nursing peer review committee report when external factors contributed to a nurse's deficiency in care), the committee must submit a report to the applicable patient safety committee, or to the CNO or nurse administrator if there is no patient safety committee. A patient safety committee must report its findings back to the incident-based nursing peer review committee.(7) An incident-based nursing peer review committee is not required to withhold its determination of the nurse being incident-based nursing peer reviewed, pending feedback from a patient safety committee, unless the committee believes that a determination from a patient safety committee is necessary in order for the incident-based nursing peer review committee to determine if the nurse's conduct is reportable.(A) If an incident-based nursing peer review committee finds that factors outside the nurse's control contributed to a deficiency in care, in addition to reporting to a patient safety committee, the incident-based nursing peer review committee may also make recommendations for the nurse, up to and including reporting to the Board.(B) An incident-based nursing peer review committee may extend the time line for completing the incident-based nursing peer review process (extending the 45 days by no more than an additional 45 days) if the committee members believe they need input from a patient safety committee. The incident-based nursing peer review committee must complete its review of the nurse within this 90-day time frame.(8) An incident-based nursing peer review committee's determination to report a nurse to the Board cannot be overruled, changed, or dismissed.(j) Nurse's Duty to Report.(1) A report made by a nurse to a nursing incident-based nursing peer review committee will satisfy the nurse's duty to report to the Board under TOC §301.402 (mandatory report by a nurse) provided that the following conditions are met:(A) The reporting nurse shall be notified of the incident-based nursing peer review committee's actions or findings and shall be subject to TOC §303.006 (confidentiality of nursing peer review proceedings); and(B) The nurse has no reason to believe the incident-based nursing peer review committee made its determination in bad faith.(2) A nurse may not be suspended, terminated, or otherwise disciplined, retaliated, or discriminated against for filing a report in good faith under this section and TOC §301.402(f) (retaliation for a report made in good faith prohibited) or advising a nurse of the nurse's rights and obligations under this section and §301.402(f). A violation of this subsection or TOC §301.402(f) is subject to TOC §301.413 that provides a nurse the right to file a civil suit to recover damages. The nurse may also file a complaint with the regulatory agency that licenses or regulates the nurse's practice setting. The BON does not have regulatory authority over practice settings or civil liability.(k) State Agency Duty to Report. A state agency that has reason to believe that a nurse has engaged in conduct subject to reporting shall report the nurse in writing to:(1) the Board; or(2) the applicable nursing peer review committee in lieu of reporting to Board.(l) Integrity of Incident-Based Nursing Peer Review Process.(1) Incident-based nursing peer review must be conducted in good faith. A nurse who knowingly participates in incident-based nursing peer review in bad faith is subject to disciplinary action by the Board.(2) The CNO or nurse administrator of a facility, association, school, agency, or of any other setting that utilizes the services of nurses is responsible for knowing the requirements of this rule and for taking reasonable steps to assure that incident-based nursing peer review is implemented and conducted in compliance with the NPA, NPR Law, and this section.(3) A determination by an incident-based nursing peer review committee, a CNO, nurse administrator, or an individual nurse to report a nurse to the Board cannot be overruled, dismissed, changed, or reversed. An incident-based nursing peer review committee, CNO, and individual nurse each have a separate responsibility to protect the public by reporting a nurse to the Board as set forth in TOC §§301.402, 301.405, 217.11(1)(K) of this title, and this section.(m) Reporting Conduct of other Practitioners or Entities: Whistleblower Protections.(1) This section does not expand the authority of any incident-based nursing peer review committee or the Board to make determinations outside the practice of nursing.(2) In a written, signed report to the appropriate licensing Board or accrediting body, and in accordance with TOC §301.4025 (report of unsafe practices of non-nurse entities), a nurse may report a licensed health care practitioner, agency, or facility that the nurse has reasonable cause to believe has exposed a patient to substantial risk of harm as a result of failing to provide patient care that conforms to:(A) minimum standards of acceptable and prevailing professional practice, for a report made regarding a practitioner; or(B) statutory, regulatory, or accreditation standards, for a report made regarding an agency or facility.(3) A nurse may report to the nurse's employer or another entity at which the nurse is authorized to practice any situation that the nurse has reasonable cause to believe exposes a patient to substantial risk of harm as a result of a failure to provide patient care that conforms to minimum standards of acceptable and prevailing professional practice or to statutory, regulatory, or accreditation standards. For purposes of this subsection, an employer or entity includes an employee or agent of the employer or entity.(4) A person may not suspend or terminate the employment of, or otherwise discipline, retaliate, or discriminate against, a person who reports, in good faith, under this subsection or who advises a nurse of the nurse's rights and obligations under this subsection. A violation of this subsection is subject to TOC §301.413 (NPA) that provides a nurse the right to file a civil suit to recover damages. The nurse may also file a complaint with the regulatory agency that licenses or regulates the nurse's practice setting. The BON does not have regulatory authority over practice settings or civil liability.", "sourceNote": "Source Note: The provisions of this §217.19 adopted to be effective May 11, 2008, 33 TexReg 3633; amended to be effective January 9, 2012, 37 TexReg 62; amended to be effective April 26, 2018, 43 TexReg 2413." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196807", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.20", "label": "Safe Harbor Nursing Peer Review and Whistleblower Protections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Assignment--Designated responsibility for the provision or supervision of nursing care for a defined period of time in a defined work setting. This includes but is not limited to the specified functions, duties, practitioner orders, supervisory directives, and amount of work designated as the individual nurse's responsibility. Changes in the nurse's assignment may occur at any time during the work period.(2) Bad Faith--Knowingly or recklessly taking action not supported by a reasonable factual or legal basis. The term includes misrepresenting the facts surrounding the events under review, acting out of malice or personal animosity towards the nurse, acting from a conflict of interest, or knowingly or recklessly denying a nurse due process.(3) Chief Nursing Officer (CNO)--The registered nurse, by any title, who is administratively responsible for the nursing services at a facility, association, school, agency, or any other setting that utilizes the services of nurses.(4) Conduct Subject to Reporting defined by Texas Occupations Code (TOC) §301.401 of the Nursing Practice Act as conduct by a nurse that:(A) violates the Nursing Practice Act (NPA) or a Board rule and contributed to the death or serious injury of a patient;(B) causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse;(C) constitutes abuse, exploitation, fraud, or a violation of professional boundaries; or(D) indicates that the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse's continued practice of nursing could reasonably be expected to pose a risk of harm to a patient or another person, regardless of whether the conduct consists of a single incident or a pattern of behavior.(5) Duty to a patient--A nurse's duty is to always advocate for patient safety, including any nursing action necessary to comply with the standards of nursing practice (§217.11 of this title) and to avoid engaging in unprofessional conduct (§217.12 of this title). This includes administrative decisions directly affecting a nurse's ability to comply with that duty.(6) Good Faith--Taking action supported by a reasonable factual or legal basis. Good faith precludes misrepresenting the facts surrounding the events under review, acting out of malice or personal animosity, acting from a conflict of interest, or knowingly or recklessly denying a nurse due process.(7) Incident-Based Nursing Peer Review--Incident-based nursing peer review focuses on determining if a nurse's actions, be it a single event or multiple events (such as in reviewing up to five (5) minor incidents by the same nurse within a year's period of time) should be reported to the Board, or if the nurse's conduct does not require reporting because the conduct constitutes a minor incident that can be remediated. The review includes whether external factors beyond the nurse's control may have contributed to any deficiency in care by the nurse, and to report such findings to a patient safety committee as applicable.(8) Malice--Acting with a specific intent to do substantial injury or harm to another.(9) Minor incident--Conduct by a nurse that does not indicate that the nurse's continued practice poses a risk of harm to a patient or another person as described in §217.16 of this title.(10) Nurse Administrator--Chief Nursing Officer (CNO) or the CNO's designee.(11) Nursing Peer Review Law (NPR law)--Chapter 303 of the TOC. Nurses involved in nursing peer review must comply with the NPR Law.(12) Nursing Practice Act (NPA)--Chapter 301 of the TOC. Nurses must comply with the NPA.(13) Patient Safety Committee--Any committee established by an association, school, agency, health care facility, or other organization to address issues relating to patient safety including:(A) the entity's medical staff composed of individuals licensed under Subtitle B (Medical Practice Act, TOC §151.001, et seq);(B) a medical committee under Subchapter D, Chapter 161 of the Health and Safety Code (§§161.031 - 161.033); or(C) a multi-disciplinary committee, including nursing representation, or any committee established by the same entity to promote best practices and patient safety.(14) Peer Review--Defined by TOC §303.001(5) (NPR Law) as the evaluation of nursing services, the qualifications of a nurse, the quality of patient care rendered by a nurse, the merits of a complaint concerning a nurse or nursing care, and a determination or recommendation regarding a complaint. The term also includes the provision of information, advice, and assistance to nurses and other persons relating to the rights and obligations of and protections for nurses who raise care concerns, report under Chapter 301, request nursing peer review, and the resolution of workplace and practice questions relating to nursing and patient care. The nursing peer review process is one of fact finding, analysis and study of events by nurses in a climate of collegial problem solving focused on obtaining all relevant information about an event. Nursing peer review conducted by any entity must comply with NPR Law and with applicable Board rules related to incident-based or safe harbor nursing peer review.(15) Safe Harbor--A process that protects a nurse from employer retaliation, suspension, termination, discipline, discrimination, and licensure sanction when a nurse makes a good faith request for nursing peer review of an assignment or conduct the nurse is requested to perform and that the nurse believes could result in a violation of the NPA or Board rules. Safe harbor must be invoked prior to engaging in the conduct or assignment for which nursing peer review is requested, and may be invoked at anytime during the work period when the initial assignment changes.(16) Texas Occupations Code (TOC)--One of the topical subdivisions or \"codes\" into which the Texas Statutes or laws are organized. The TOC contains the statutes governing occupations and professions including the health professions. Both the NPA and NPR Law are located within these statutes. The TOC can be changed only by the Texas Legislature.(17) Whistleblower Protections--Protections available to a nurse that prohibit retaliatory action by an employer or other entity because the nurse:(A) made a good faith request for safe harbor nursing peer review under TOC §303.005(c) and this section; or(B) refused to engage in an act or omission relating to patient care that would constitute a violation of the NPA or Board rules as permitted by TOC §301.352 (NPA) (Protection for Refusal to Engage in Certain Conduct). A nurse invoking safe harbor under this section must comply with subsection (g) of this section if the nurse refuses to engage in the conduct or assignment; or(C) made a lawful report of unsafe practitioners, or unsafe patient care practices or conditions, in accordance with TOC §301.4025 (report of unsafe practices of non-nurse entities) and §217.19(j)(2) of this title.(b) Purpose. The purpose of this rule is to:(1) define the process for invoking safe harbor;(2) define minimum due process to which a nurse is entitled under safe harbor nursing peer review;(3) provide guidance to facilities, agencies, employers of nurses, or anyone who utilizes the services of nurses in the development and application of nursing peer review plans;(4) assure that nurses have knowledge of the plan as well as their right to invoke safe harbor; and(5) provide guidance to the nursing peer review committee in making its determination of the nurse's duty to the patient.(c) Applicability of Safe Harbor Nursing Peer Review.(1) TOC §303.0015 (NPR Law) requires a person who regularly employs, hires or contracts for the services of eight (8) or more nurses (for nursing peer review of an RN, at least four (4) of the 8 must be RNs) to permit a nurse to request safe harbor nursing peer review when the nurse is requested or assigned to engage in conduct that the nurse believes is in violation of his/her duty to a patient.(2) Any person or entity that conducts safe harbor nursing peer review is required to comply with the requirements of this rule.(d) Invoking Safe Harbor.(1) Safe harbor must be invoked prior to engaging in the conduct or assignment and at any of the following times:(A) when the conduct is requested or assignment made;(B) when changes occur in the request or assignment that so modify the level of nursing care or supervision required compared to what was originally requested or assigned that a nurse believes in good faith that patient harm may result; or(C) when the nurse refuses to engage in the requested conduct or assignment.(2) Notification Requirements.(A) The nurse must notify the supervisor requesting the conduct or assignment in writing that the nurse is invoking safe harbor. The content of this notification must meet the requirements for a Safe Harbor Quick Request described in paragraph (3) of this subsection. If a nurse is unable to complete a Safe Harbor Quick Request or other written form meeting the requirements for a Safe Harbor Quick Request due to immediate patient care needs, the nurse may orally invoke safe harbor by notifying the nurse's supervisor of the request. A detailed written account of the safe harbor request that meets the requirements of the Comprehensive Written Request for Safe Harbor Nursing Peer Review described in paragraph (4) of this subsection must be completed before leaving the work setting at the end of the work period.(B) After receiving oral notification of a request, the nurse's supervisor must record in writing the requirements described in paragraph (3) of this subsection, which must be signed and attested to by the requesting nurse and the nurse's supervisor who prepared the written record.(3) Safe Harbor Quick Request. The BON Safe Harbor Quick Request Form may be used to initially invoke safe harbor, but use of the form is not required. The initial request may be in any written format, but must include the following information:(A) the name of the nurse making the request and his/her signature;(B) the date and time of the request;(C) the location where the conduct or assignment that is the subject of the request occurred;(D) the name of the person who requested the nurse engage in the conduct or made the assignment that is the subject of the request;(E) the name of the supervisor recording the request, if applicable;(F) a brief explanation of why the nurse is requesting a nursing peer review committee determination; and(G) a description of the collaboration between the nurse and the supervisor, if applicable.(4) Comprehensive Written Request for Safe Harbor Nursing Peer Review.(A) A nurse who invokes safe harbor must supplement the initial written request under paragraph (2) of this subsection by submitting a comprehensive request in writing before leaving the work setting at the end of the work period. This comprehensive written request must include the following information:(i) the conduct assigned or requested, including the name and title of the person making the assignment or request;(ii) a description of the practice setting, e.g., the nurse's responsibilities, resources available, extenuating or contributing circumstances impacting the situation;(iii) a detailed description of how the requested conduct or assignment would have violated the nurse's duty to a patient or any other provision of the NPA and Board Rules. If possible, reference the specific standard (§217.11 of this title) or other section of the NPA and/or Board rules the nurse believes would have been violated.(iv) if applicable, the rationale for the nurse's not engaging in the requested conduct or assignment awaiting the nursing peer review committee's determination as to the nurse's duty. The rationale should refer to one of the justifications described in subsection (g)(2) of this section for not engaging in the conduct or assignment awaiting a nursing peer review determination.(v) any other copies of pertinent documentation available at the time. Additional documents may be submitted to the committee when available at a later time; and(vi) the nurse's name, title, and relationship to the supervisor making the assignment or request.(B) The BON Comprehensive Written Request for Safe Harbor Nursing Peer Review Form may be used when submitting the detailed request for safe harbor, but use of the form is not required. The request may be in any written format provided the information specified in subparagraph (A) of this paragraph is included.(5) The nurse invoking safe harbor is responsible for keeping a copy of the request for safe harbor.(6) A nurse may invoke safe harbor to question the medical reasonableness of a physician's order in accordance with TOC §303.005(e) (NPR Law). In this situation, the medical staff or medical director shall determine whether the order was reasonable.(e) Safe Harbor Protections.(1) To activate protections outlined in TOC §303.005(c) and paragraph (2) of this subsection, the nurse shall:(A) invoke safe harbor in good faith;(B) notify the supervisor that he/she intends to invoke safe harbor in accordance with subsection (d) of this section. This must be done prior to engaging in the conduct or assignment for which safe harbor is requested and at any of the following times:(i) when the conduct is requested or assignment made;(ii) when changes occur in the request or assignment that so modify the level of nursing care or supervision required compared to what was originally requested or assigned that a nurse believes in good faith that patient harm may result; or(iii) when the nurse refuses to engage in the requested conduct or assignment.(2) TOC §303.005(c) and (h) (NPR Law) and §301.352 provide the following protections:(A) A nurse may not be suspended, terminated, or otherwise disciplined, retaliated, or discriminated against for requesting safe harbor in good faith.(B) A nurse or other person may not be suspended, terminated, or otherwise disciplined, retaliated, or discriminated against for advising a nurse in good faith of the nurse's right to request a determination, or of the procedures for requesting a determination.(C) A nurse is not subject to being reported to the Board and may not be disciplined by the Board for engaging in the conduct awaiting the determination of the nursing peer review committee as permitted by subsection (g) of this section. A nurse's protections from disciplinary action by the Board for engaging in the conduct or assignment awaiting nursing peer review determination remain in place for 48 hours after the nurse is advised of the nursing peer review committee's determination. This time limitation does not affect the nurse's protections from retaliation by the facility, agency, entity or employer under TOC §303.005(h)(NPR Law) for requesting safe harbor.(3) If retaliation occurs, TOC §301.413 (NPA) provides a nurse the right to file civil suit to recover damages. The nurse may also file a complaint with the appropriate regulatory agency that licenses or regulates the nurse's practice setting. The BON does not have regulatory authority over practice settings or civil liability.(4) Safe harbor protections do not apply to any civil action for patient injury that may result from the nurse's practice.(f) Exclusions to Safe Harbor Protections.(1) A nurse's protections from disciplinary action by the Board under subsection (e)(2) of this section do not apply to:(A) the nurse who invokes safe harbor in bad faith;(B) conduct the nurse engages in prior to the request for safe harbor; or(C) conduct unrelated to the reason for which the nurse requested safe harbor.(2) If the nursing peer review committee determines that a nurse has engaged in conduct subject to reporting that is not related to the request for safe harbor, the committee must comply with the requirements of §217.19 of this title.(g) Nurse's Right to Refuse to Engage in Certain Conduct Pending Nursing Safe Harbor Nursing Peer Review Determination.(1) A nurse invoking safe harbor may engage in the requested conduct or assignment while awaiting nursing peer review determination unless the conduct or assignment is one in which:(A) the nurse lacks the basic knowledge, skills, and abilities that would be necessary to render the care or engage in the conduct requested or assigned at a minimally competent level such that engaging in the requested conduct or assignment would expose one or more patients to an unjustifiable risk of harm; or(B) the requested conduct or assignment would constitute unprofessional conduct and/or criminal conduct such as fraud, theft, patient abuse, exploitation, or falsification.(2) If a nurse refuses to engage in the conduct or assignment because it is beyond the nurse's scope as described under paragraph (1)(A) of this subsection:(A) the nurse and supervisor must collaborate in an attempt to identify an acceptable assignment that is within the nurse's scope and enhances the delivery of safe patient care; and(B) the results of this collaborative effort must be documented in writing and maintained in nursing peer review records by the chair of the nursing peer review committee.(h) Minimum Due Process.(1) A person or entity required by TOC §303.005(i) to provide nursing peer review shall adopt and implement a policy to inform nurses of their right to request a nursing peer review committee determination (safe harbor nursing peer review) and the procedure for making a request.(2) In order to meet the minimum due process required by TOC Chapter 303, the nursing peer review committee shall:(A) comply with the membership and voting requirements as set forth in TOC §303.003;(B) exclude from the committee membership, any persons or person with administrative authority for personnel decisions directly affecting the nurse;(C) limit attendance at the safe harbor nursing peer review hearing by a CNO, nurse administrator, or other individual with administrative authority over the nurse, including the individual who requested the conduct or made the assignment, to appearing before the safe harbor nursing peer review committee to speak as a fact witness; and(D) Permit the nurse requesting safe harbor to:(i) appear before the committee;(ii) ask questions and respond to questions of the committee; and(iii) make a verbal and/or written statement to explain why he or she believes the requested conduct or assignment would have violated a nurse's duty to a patient.(i) Safe Harbor Timelines.(1) The safe harbor nursing peer review committee shall complete its review and notify the CNO or nurse administrator within 14 calendar days of when the nurse requested safe harbor.(2) Within 48 hours of receiving the committee's determination, the CNO or nurse administrator shall review these findings and notify the nurse requesting safe harbor of both the committee's determination and whether the administrator believes in good faith that the committee's findings are correct or incorrect.(3) The nurse's protection from disciplinary action by the Board for engaging in the conduct or assignment awaiting nursing peer review determination expires 48 hours after the nurse is advised of the nursing peer review committee's determination. The expiration of this protection does not affect the nurse's protections from retaliation by the facility, agency, entity or employer under TOC §303.005(h) for requesting safe harbor.(j) General Provisions.(1) The Chief Nursing Officer (CNO) or nurse administrator of a facility, association, school, agency, or of any other setting that utilizes the services of nurses is responsible for knowing the requirements of this Rule and for taking reasonable steps to assure that nursing peer review is implemented and conducted in compliance with the NPA and the NPR law.(2) Safe harbor nursing peer review must be conducted in good faith. A nurse who knowingly participates in nursing peer review in bad faith is subject to disciplinary action by the Board.(3) The nursing peer review committee and participants shall comply with the confidentiality requirement of TOC §303.006 and §303.007 relating to confidentiality and limited disclosure of nursing peer review information.(4) If a nurse requests a safe harbor nursing peer review determination under TOC §303.005(b) and refuses to engage in the requested conduct or assignment pending the safe harbor nursing peer review, the determinations of the committee are not binding if the CNO or nurse administrator believes in good faith that the committee has incorrectly determined a nurse's duty.(A) In accordance with TOC §303.005(d), the determination of the safe harbor nursing peer review committee shall be considered in any decision by the nurse's employer to discipline the nurse for the refusal to engage in the requested conduct.(B) If the CNO or nurse administrator in good faith disagrees with the committee's determination, the rationale for disagreeing must be recorded and retained with the nursing peer review records.(C) If the CNO or nurse administrator believes the nursing peer review was conducted in bad faith, she/he has a duty to report the nurses involved under TOC §301.402 (NPA) and §217.11(1)(K) of this title.(D) This section does not affect the protections under TOC §303.005(c)(1) and §301.352 relating to a nurse's protection from disciplinary action or discrimination for making a request for safe harbor nursing peer review.(k) Use of Informal WorkGroup In Safe Harbor Nursing Peer Review. A facility may choose to initiate an informal review process utilizing a workgroup of the nursing peer review committee provided that the final determination of the nurse's duty complies with the time lines set out in this rule and there are written policies for the informal workgroup that require:(1) the nurse to:(A) be informed how the informal workgroup will function and that the nurse does not waive any right to nursing peer review by accepting or rejecting the use of an informal workgroup; and(B) consent, in writing, to the use of an informal workgroup;(2) the informal workgroup to comply with the membership and voting requirements of subsection (h) of this section;(3) the nurse to be provided the opportunity to meet with the informal workgroup;(4) the nurse to have the right to reject any decision of the informal workgroup and have the entire committee determine if the requested conduct or assignment violates the nurse's duty to the patient(s), in which event members of the informal workgroup shall not participate in that determination;(5) ratification by the safe harbor nursing peer review committee chairperson of any decision made by the informal workgroup. If the chairperson disagrees with a determination of the informal workgroup, the chairperson shall convene the full nursing peer review committee to review the conduct in question; and(6) the nursing peer review chairperson communicate any decision of the informal workgroup to the CNO or nurse administrator.(l) Reporting Conduct of other Practitioners or Entities; Whistleblower Protections.(1) This subsection does not expand the authority of any safe harbor nursing peer review committee or the Board to make determinations outside the practice of nursing.(2) In a written, signed report to the appropriate licensing Board or accrediting body, and in accordance with TOC §301.4025, a nurse may report a licensed health care practitioner, agency, or facility that the nurse has reasonable cause to believe has exposed a patient to substantial risk of harm as a result of failing to provide patient care that conforms to:(A) minimum standards of acceptable and prevailing professional practice, for a report made regarding a practitioner; or(B) statutory, regulatory, or accreditation standards, for a report made regarding an agency or facility.(3) A nurse may report to the nurse's employer or another entity at which the nurse is authorized to practice any situation that the nurse has reasonable cause to believe exposes a patient to substantial risk of harm as a result of a failure to provide patient care that conforms to minimum standards of acceptable and prevailing professional practice or to statutory, regulatory, or accreditation standards. For purposes of this subsection, an employer or entity includes an employee or agent of the employer or entity.(4) A person may not suspend or terminate the employment of, or otherwise discipline, retaliate, or discriminate against, a person who reports, in good faith, under this section or advises a nurse of the nurse's rights and obligations under this section. A violation of this subsection is subject to TOC §301.413 that provides a nurse the right to file civil suit to recover damages. The nurse may also file a complaint with the regulatory agency that licenses or regulates the nurse's practice setting. The BON does not have regulatory authority over practice settings or civil liability.", "sourceNote": "Source Note: The provisions of this §217.20 adopted to be effective May 11, 2008, 33 TexReg 3633; amended to be effective July 29, 2008, 33 TexReg 5930; amended to be effective January 9, 2012, 37 TexReg 62; amended to be effective April 26, 2018, 43 TexReg 2419; amended to be effective October 22, 2019, 44 TexReg 6031." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152244", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.21", "label": "Remedial Education Course Providers and Remedial Education Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154669", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. In situations where an individual has demonstrated a knowledge, judgment, or skills deficit, the Board believes that educational courses can serve as an effective form of remediation provided that the courses are well developed, based on sound educational principles, and taught by qualified instructors. This section establishes the requirements for the approval of remedial education course providers and remedial education courses.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Remedial education course--An educational course that:(A) meets the requirements of subsection (e) of this section;(B) is not currently accredited or approved by a licensing authority or organization recognized by the Board;(C) is designed to address an individual's competency deficiencies; and(D) is required to be completed by the Board as part of a disciplinary and/or eligibility order.(2) Remedial education course provider--An individual or organization that meets the requirements of subsection (d) of this section and is approved by the Board to offer a remedial education course to an individual.(c) Approval Required. A remedial education course in nursing jurisprudence and ethics, medication administration, physical assessment, pharmacology, and nursing documentation must be approved by the Board. A remedial education course provider seeking to offer one of these remedial education courses must be approved by the Board prior to offering the course to an individual.(d) Remedial Education Course Providers. A remedial education course provider applicant seeking initial approval from the Board must submit a completed remedial education course provider application to the Board. The provider applicant must verify the application by attesting to the truth and accuracy of the information in the application.(1) Application. The Board may require the following items in order to approve or disapprove the application:(A) the name, physical address, and mailing address of the provider applicant;(B) the name and contact information of the provider applicant's designated authorized representative;(C) the process used by the provider applicant for evaluating the credentials and teaching competency of its instructors;(D) a statement certifying that the provider applicant will comply with all requirements set forth in this section; and(E) any other relevant information reasonably necessary to approve or disapprove the application, as specified by the Board.(2) Course Instructors. Provider applicants must certify that all course instructors meet the following requirements:(A) An instructor must hold a current license or privilege to practice as a registered nurse (RN) in the state in which the remedial education course will be provided;(B) An instructor must hold a master's degree in nursing from an approved or accredited institution or a doctoral degree, that in the Board's opinion, relates to an area of study relevant to the course content;(C) An instructor must show evidence of teaching abilities and maintaining current knowledge, clinical expertise, and safety in the subject matter the instructor will teach;(D) An instructor must have a minimum of three years recent professional nursing experience. Professional nursing experience includes any activity, assignment, or task in which a nurse utilizes his/her nursing knowledge, judgment, or skills; and(E) An instructor may not be the subject of a current eligibility or disciplinary order from a professional licensing board and/or disciplinary authority or have a history of more than one eligibility or disciplinary order from a professional licensing board and/or disciplinary authority.(3) Records.(A) An approved remedial education course provider must maintain as a part of the provider's records a written statement from each instructor certifying that the instructor is qualified as an instructor, the basis of qualification, and that the instructor agrees to comply with all course requirements outlined in this section.(B) An approved remedial education course provider must maintain verification of an individual's participation and completion of a remedial education course and all information described or required under this section for a period of not less than five years.(4) Renewal. The Board's approval of a remedial education course provider is valid for a period of up to twenty four months from the date of issuance and shall expire on the last day of the month of March in odd numbered years. A remedial education course provider must renew its Board approval by submitting a renewal application to the Board in advance of its renewal date. A remedial education course provider that has been approved by the Board prior to, or on the effective date of this section, is not required to renew its approval, but must seek the Board's approval and the renewal of such approval for each remedial education course it seeks to offer.(e) Remedial Education Courses. A remedial education course provider must submit a completed remedial education course application to the Board for each course the provider wishes to offer and pay the required fee specified by §223.1 of this title (relating to Fees), which is not refundable.(1) Application. A remedial education course application must include the following:(A) a statement identifying the knowledge, skills, or abilities an individual is expected to obtain through completion of the remedial education course;(B) a detailed course content outline, measurable learning objectives, and the length of the remedial education course in hours;(C) a description of how adult educational and learning principles are reflected in the remedial education course;(D) a method of verifying an individual's participation and successful completion of the remedial education course;(E) a method of evaluation by which a remedial education course provider measures how effectively the remedial education course meets its objectives and provides for input; and(F) any other relevant information reasonably necessary to approve or disapprove the application, as specified by the Board.(2) Course content. The course content must:(A) meet the requirements specified by the Board for each type of course; and(B) be consistent with the following:(i) the Occupations Code Chapters 301, 303, 304, and 305;(ii) Chapters 211 - 227 of this title;(iii) Board position statements 15.1 - 15.26;(iv) the Board's adopted Eligibility and Disciplinary Sanction Policies regarding Sexual Misconduct; Fraud, Theft and Deception; Nurses with Substance Abuse, Misuse, Substance Dependency, or other Substance Use Disorder; and Lying and Falsification; and(v) the Board's adopted Guidelines for Criminal Conduct.(f) Remedial education courses may consist of classroom, classroom equivalent, or clinical courses, as specified by the Board.(g) Renewal. Unless withdrawn or otherwise provided herein, a remedial education course is approved until the approval of the sponsoring remedial education course provider expires. The approval of a remedial education course may be renewed simultaneously with the renewal of the approval of the sponsoring remedial education course provider if the provider certifies on the renewal application that the remedial education course continues to meet the requirements of this section. The approval of a remedial education course that has been approved by the Board prior to, or on the effective date of this section, will expire on March 31, 2013, and must be timely renewed. Its renewal will be valid for up to twenty four months from the date of issuance and shall expire on the last day of the month of March in odd numbered years. All remedial education course providers must pay the required remedial education course renewal fee specified by §223.1 of this title, which is not refundable.(h) Withdrawal of Approval. The Board may withdraw the approval of a remedial education course provider that fails to maintain compliance with the requirements of this section. If the Board withdraws the approval of a remedial education course provider, the provider shall cease offering all remedial education courses upon notice from the Board. The Board may withdraw the approval of a remedial education course if it fails to comply with the requirements of this section. If the Board withdraws the approval of a remedial education course, the sponsoring remedial education course provider shall cease offering the course upon notice from the Board. Notice is presumed to be effective on the third day after the date on which the Board mails the notice.", "sourceNote": "Source Note: The provisions of this §217.21 adopted to be effective August 11, 2011, 36 TexReg 4953." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154669", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.22", "label": "Special Accommodations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203914", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board will provide reasonable accommodations for its licensing examinations as set forth in this section.(b) Individuals requesting special accommodations must submit the following information to the Board:(1) A completed Special Accommodations Request Form;(2) A Professional Documentation of Disability Form, completed within the three years immediately preceding the accommodation request by a diagnostician meeting the Board's requirements;(3) A completed Consent to Release Information Form; and(4) A Nursing Program Verification Form completed by the dean or director of the nursing program attended.(c) An individual requesting special accommodations must submit the information required by this section to the Board at least 30 calendar days prior to registering for the licensing examination. The Board will process the accommodation request once all of the required information and documentation is received.(d) The Board's requirements for diagnosticians and the forms referenced in subsection (b) of this section may be found on the Board's website, located at http://www.bon.texas.gov/olv/pdfs/SPECACC.pdf.", "sourceNote": "Source Note: The provisions of this §217.22 adopted to be effective January 9, 2012, 37 TexReg 66." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203914", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.23", "label": "Balance Billing Notice and Disclosure Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206793", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to implement the requirements of the Insurance Code §§1271.157, 1271.158, 1301.164, 1301.165, 1551.229, 1551.230, 1575.172, 1575.173, 1579.110, and 1579.111 and the Insurance Code Chapter 1467 and notify licensees of their responsibilities under those sections.(b) Definitions and Applicability of Section.(1) Definitions. Terms defined in the Insurance Code §1467.001 have the same meanings when used in this section, unless the context clearly indicates otherwise. Additionally, for purposes of this section, a \"balance bill\" is a bill for an amount greater than an applicable copayment, coinsurance, and deductible under an enrollee's health benefit plan, as specified in the Insurance Code §§1271.157(c), 1271.158(c), 1301.164(c), 1301.165(c), 1551.229(c), 1551.230(c), 1575.172(c), 1575.173(c), 1579.110(c), or 1579.111(c).(2) Applicability. This section only applies to a covered non-emergency health care or medical service or supply provided on or after January 1, 2020, by:(A) a facility based provider that is not a participating provider for a health benefit plan, if the service or supply is provided at a health care facility that is a participating provider; or(B) a diagnostic imaging provider or laboratory service provider that is not a participating provider for a health benefit plan, if the service or supply is provided in connection with a health care or medical service or supply provided by a participating provider. Further, this section is limited to providers that are subject to the Board's jurisdiction.(c) Responsibilities of Licensee.(1) An out of network provider may not balance bill an enrollee receiving a non-emergency health care or medical service or supply, and the enrollee does not have financial responsibility for a balance bill, unless the enrollee elects to obtain the service or supply from the out of network provider knowing that the provider is out of network and the enrollee may be financially responsible for a balance bill. An enrollee's legal representative or guardian may elect on behalf of an enrollee.(2) An enrollee elects to obtain a service or supply only if:(A) the enrollee has a meaningful choice between a participating provider for a health benefit plan issuer or administrator and an out of network provider. No meaningful choice exists if an out of network provider was selected for or assigned to an enrollee by another provider or health benefit plan issuer or administrator;(B) the enrollee is not coerced by a provider or health benefit plan issuer or administrator when making the election. A provider engages in coercion if the provider charges or attempts to charge a nonrefundable fee, deposit, or cancellation fee for the service or supply prior to the enrollee's election; and(C) the out of network provider or the agent or assignee of the provider provides written notice and disclosure to the enrollee and obtains the enrollee's written consent, as specified in paragraph (3) of this subsection.(3) If an out of network provider elects to balance bill an enrollee rather than participate in the claim dispute resolution process authorized by the Insurance Code Chapter 1467, the out of network provider or agent or assignee of the provider must provide the enrollee with the notice and disclosure statement specified in subparagraph (B) of this paragraph prior to scheduling the non-emergency health care or medical service or supply. To be effective, the notice and disclosure statement must be signed and dated by the enrollee no less than 10 business days before the date the service or supply is performed or provided. The enrollee may rescind acceptance within five business days from the date the notice and disclosure statement was signed, as explained in the notice and disclosure statement form referenced in subparagraph (B) of this paragraph.(A) Each out of network provider, or the provider's agent or assignee, must maintain a copy of the notice and disclosure statement, signed and dated by the enrollee, for four years if the medical service or supply is provided and a balance bill is sent to the enrollee. The provider must provide the enrollee with a copy of the signed notice and disclosure statement on the same date the statement is received by the provider.(B) The Texas Department of Insurance has adopted Form AH025 as the notice and disclosure statement to be used under this subsection. The notice and disclosure statement may not be modified, including its format or font size, and must be presented to an enrollee as a standalone document and not incorporated into any other document. The form is available from the Texas Department of Insurance by accessing its website at www.tdi.texas.gov/forms.(4) A provider who seeks and obtains an enrollee's signature on a notice and disclosure statement under this subsection is not eligible to participate in the claim dispute resolution process authorized by the Insurance Code Chapter 1467. This prohibition does not apply if the election is defective or rescinded by the enrollee under paragraph (3) of this subsection.(d) Complaint Investigation and Resolution. The Board is authorized under the Insurance Code §752.0003 to take disciplinary action against a licensee that violates a law that prohibits the licensee from billing an insured, participant, or enrollee in an amount greater than an applicable copayment, coinsurance, and deductible under the insured's, participant's, or enrollee's managed care plan or that imposes a requirement related to that prohibition. Licensees may also be subject to additional consequences pursuant to the Insurance Code §752.0002. Complaints that do not involve delayed health care or medical care shall be assigned a Priority 4 status, as described in §213.13 of this title (relating to Complaint Investigation and Disposition). After investigation, if the Board determines that a licensee has engaged in improper billing practices or bad faith participation or has committed a violation of the Nursing Practice Act, the Insurance Code Chapter 1467, or other applicable law, the Board will impose appropriate disciplinary action.", "sourceNote": "Source Note: The provisions of this §217.23 adopted to be effective August 9, 2018, 43 TexReg 5086; amended to be effective February 15, 2021, 46 TexReg 1059." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206793", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "217", "label": "LICENSURE, PEER ASSISTANCE AND PRACTICE" }, "rule": { "number": "§217.24", "label": "Telemedicine Medical Service Prescriptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193354&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193354", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The validity of a prescription issued as a result of a telemedicine medical service is determined by the same standards that would apply to the issuance of the prescription in an in-person setting.(b) This rule does not limit the professional judgment, discretion or decision-making authority of a licensed practitioner. A licensed practitioner is expected to meet the standard of care and demonstrate professional practice standards and judgment, consistent with all applicable statutes and rules when issuing, dispensing, delivering, or administering a prescription medication as a result of a telemedicine medical service.(c) A valid prescription must be:(1) issued for a legitimate medical purpose by a practitioner as part of patient-practitioner relationship as set out in §111.005, Texas Occupations Code; and(2) meet all other applicable laws before prescribing, dispensing, delivering or administering a dangerous drug or controlled substance.(d) Any prescription drug orders issued as the result of a telemedicine medical service, are subject to all regulations, limitations, and prohibitions set out in the federal and Texas Controlled Substances Act, Texas Dangerous Drug Act and any other applicable federal and state law.(e) Limitation on Treatment of Chronic Pain. Chronic pain is a legitimate medical condition that needs to be treated, but must be balanced with concerns over patient safety and the public health crisis involving overdose deaths. The Legislature has already put into place laws regarding the treatment of pain and requirements for registration and inspection of pain management clinics. Therefore, the Board has determined clear legislative intent exists for the limitation of chronic pain treatment through a telemedicine medical service.(1) For purposes of this rule, chronic pain has the same definition as used in 22 Texas Administrative Code §170.2(4) (relating to Definitions).(A) Telemedicine medical services used for the treatment of chronic pain with scheduled drugs by any means other than via audio and video two-way communication is prohibited, unless a patient:(i) is an established patient of the APRN being treated for chronic pain;(ii) is receiving a prescription that is identical to a prescription issued at the previous visit; and(iii) has been seen by the prescribing APRN, physician, or other health professional as defined in Tex. Occ. Code §111.001(1) in the last 90 days, either:(I) in-person; or(II) via telemedicine using audio and video two-way communication.(B) An APRN, when determining whether to utilize telemedicine medical services for the treatment of chronic pain with controlled substances as permitted by paragraph (1)(A) of this subsection, shall give due consideration to factors that include, at a minimum, the date of the patient's last in-person visit, patient co-morbidities, and occupational related COVID risks. These are not the sole, exclusive, or exhaustive factors an APRN should consider under this rule.(C) If a patient is treated for chronic pain with scheduled drugs through the use of telemedicine medical services as permitted by paragraph (1)(A) of this subsection, the medical records must document the exception and the reason that a telemedicine visit was conducted instead of an in-person visit.(2) For purposes of this rule, acute pain has the same definition as used in 22 Texas Administrative Code §170.2(2). Telemedicine medical services may be used for the treatment of acute pain with scheduled drugs, unless otherwise prohibited under federal and state law.", "sourceNote": "Source Note: The provisions of this §217.24 adopted to be effective November 25, 2018, 43 TexReg 7534; amended to be effective November 25, 2021, 46 TexReg 7881." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193354&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193354", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.1", "label": "General Requirements and Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193355", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements. Advanced practice registered nursing education programs in the State of Texas shall be approved by the Board until the program is accredited or approved by a national advanced practice registered nursing education accrediting body recognized by the Board.(1) An educational institution located in Texas may apply for Board approval for advanced practice registered nursing education programs that prepare either nurse practitioners or clinical nurse specialists. Only that portion of the program of study that qualifies registered nurses for licensure in an advanced practice registered nurse role and population focus recognized by the Board is eligible for approval. Board approval shall be limited to only those programs seeking initial approval that do not otherwise hold national accreditation or approval from a national nursing education accrediting body for master's or doctoral level nursing education.(2) To be eligible to apply for Board approval, the new advanced practice registered nursing education program must be at or beyond the master's level of nursing education.(b) The director and faculty are accountable for complying with the Nursing Practice Act and Board rules and regulations.(c) Advanced practice registered nursing education programs shall provide reasonable and uniform standards based upon sound educational principles.(d) Purpose. This rule has been developed for use by nurse practitioner and clinical nurse specialist programs seeking approval by the Board in order to:(1) Promote safe and effective advanced practice registered nursing,(2) Serve as a guide for development of new advanced practice registered nursing education programs that prepare nurse practitioners and clinical nurse specialists, and(3) Provide criteria for the evaluation of new advanced practice registered nursing education programs that prepare nurse practitioners and clinical nurse specialists.", "sourceNote": "Source Note: The provisions of this §219.1 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193355", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193356", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:(1) Accredited program--A program that has been determined to have met the standards set by a national advanced practice registered nursing education accrediting body recognized by the Board.(2) Advanced practice registered nurse--A registered nurse authorized by the Board to practice as an advanced practice registered nurse based on completing an advanced practice registered nursing education program acceptable to the Board. The term includes a nurse practitioner, nurse-midwife, nurse anesthetist, and a clinical nurse specialist. The advanced practice registered nurse is prepared to practice in an expanded role to provide health care to individuals, families, and/or groups in a variety of settings including, but not limited to homes, hospitals, institutions, offices, industry, schools, community agencies, public and private clinics, and private practice. The advanced practice registered nurse acts independently and/or in collaboration with other health care professionals in the delivery of health care services.(3) Advanced practice registered nursing education program--A post-basic advanced practice registered nursing education program at or beyond the master's level.(4) Affiliating agency--Agencies outside the institution that are utilized in providing learning experiences for the students.(5) Approved advanced practice registered nursing education program--An advanced practice registered nursing education program approved by the Texas Board of Nursing.(6) Board--The Texas Board of Nursing composed of members appointed by the Governor for the State of Texas.(7) Clinical learning experiences--Faculty planned and guided learning experiences that involve direct contact with patients or simulation designed to assist students to meet the stated program and course outcomes and to safely apply knowledge and skills when providing advanced practice registered nursing care to clients as appropriate to the role expectations of the graduates.(8) Course--Organized subject content and related activities, that may include face-to-face and/or online didactic, laboratory, and/or clinical experiences planned to achieve specific objectives within a given time period.(9) Curriculum--Course offerings that, in aggregate, make up the total learning activities in a program of study.(10) Diagnosis and management course--A course offering both didactic and clinical content in clinical decision-making and aspects of medical diagnosis and medical management of diseases and conditions. Supervised clinical practice must include the opportunity to provide pharmacological and non-pharmacological management of diseases and conditions considered within the full scope of practice of the advanced practice registered nurse's role and population focus area of licensure.(11) Didactic learning experiences--Any faculty-guided learning activities that take place in the classroom, learning resource center, skills laboratory, or similar settings, or by distance education.(12) Director--A registered nurse responsible for the administration of the advanced practice registered nursing education program who meets the requirements as stated in §219.6(f) of this chapter (relating to Administration and Organization).(13) Faculty member--An individual employed or appointed to teach in the advanced practice registered nursing education program who meets the requirements as stated in §219.7 of this chapter (related to Faculty Qualification and Faculty Organization).(14) Governing institution--A college or university responsible for the administration and operation of the program.(15) Objectives/Outcomes--Clear statements of expected behaviors that are attainable and measurable.(A) Program Objectives/Outcomes--Broad statements describing student learning outcomes achieved upon graduation.(B) Clinical Objectives/Outcomes--Statements describing expected student behaviors throughout the curriculum that represent progression of students' cognitive, affective and psychomotor achievement in clinical practice across the curriculum.(C) Course Objectives/Outcomes--Statements describing expected behavioral changes in the learner upon successful completion of specific curriculum content that serve as the mechanism for evaluation of student progression.(16) Philosophy/Mission--Statement of concepts expressing fundamental values and beliefs regarding human nature as they apply to advanced practice registered nursing education and practice and upon which the curriculum is based.(17) Practicum--That portion of the program consisting of clinical experiences for the purpose of integrating theory with practice, including, but not limited to, preceptorship and/or residency and integration.(18) Program of study--The courses and learning experiences that constitute the requirements for completion of an advanced practice registered nursing education program.(19) Qualified preceptor--An advanced practice registered nurse, physician, or other health care professional acceptable to the Board who meets the following requirements:(A) Holds an active, unencumbered license;(B) Is in current practice in the advanced role and population focus area;(C) Is committed to the concept of the advanced practice registered nurse; and(D) Functions as a supervisor and teacher and evaluates the student's performance in the clinical setting.(20) Recommendation--A specific suggestion based upon program assessment that is indirectly related to the rules to which the program must respond but in a method of their choosing.(21) Requirement--Mandatory criterion based upon program assessment that is directly related to the rules that must be addressed in the manner prescribed.(22) Shall--Denotes mandatory requirements.(23) Texas Higher Education Coordinating Board (THECB)--The state agency described in Texas Education Code, Title 3, Subchapter B, chapter 61.(24) Unencumbered license--A license that does not have stipulations against it.", "sourceNote": "Source Note: The provisions of this §219.2 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193356", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.3", "label": "Program Development, Closure, and Transfer of Administrative Control" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193357", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) New Programs.(1) Proposal to develop an advanced practice registered nursing education program.(A) A college or university regionally accredited by an agency recognized by the THECB is eligible to submit a proposal to develop a new advanced practice registered nursing education program.(B) The process to establish a new advanced practice registered nursing education program shall be initiated by a letter of intent from the educational institution to the Board office. The timeline for proposal development is one (1) year from the date of receipt of the initial proposal draft in the Board office.(C) The individual writing the proposal for a new advanced practice registered nursing education program shall be the proposed dean/director and shall meet the qualifications for the program dean/director, as specified in §219.6 of this chapter (relating to Administration and Organization).(D) Sufficient nursing faculty with appropriate expertise shall be in place for development of the curriculum component of the program.(E) The proposal shall include information outlined in Board Education Guidelines 3.1.1.e. Proposal to Establish a New Advanced Practice Registered Nursing Education Program.(F) After the proposal is submitted and determined to be complete, a preliminary survey visit shall be conducted by Board staff prior to presentation to the Board.(G) The proposal shall be considered by the Board following a public hearing at a regularly scheduled meeting of the Board. The Board may approve the proposal and grant initial approval to the new program, may defer action on the proposal, or may deny further consideration of the proposal.(H) The program may not enroll students until the Board approves the proposal and grants initial approval.(I) Prior to presentation of the proposal to the Board, evidence of approval from the appropriate regulatory agencies shall be provided.(J) When the proposal is submitted, an initial approval fee shall be assessed per §223.1 of this title (related to Fees).(K) A proposal without action for one (1) calendar year shall be considered withdrawn. A new proposal application and fee, as set forth in §223.1 of this title (relating to Fees), will be required to begin the new proposal process again.(L) If the Board denies a proposal, the educational institution must wait a minimum of twelve (12) calendar months from the date of the denial before submitting a new proposal to establish an advanced practice registered nursing education program.(2) Survey visits shall be conducted, as necessary, by Board staff until full accreditation by a Board recognized national nursing education accrediting body is granted.(b) Transfer of Administrative Control by Governing Institutions. The authorities of the governing institution shall notify the Board office in writing of an intent to transfer the administrative authority of the program. This notification shall follow Board Education Guideline 3.1.3.a. Notification of Transfer of Administrative Control of a Professional Nursing Education Program or a Professional Nursing Education Program by the Governing Entity.(c) Closing a Program or Portion Thereof.(1) When the decision to close a program or portion thereof has been made, the dean or director shall notify the Board by submitting a written plan for closure that includes the following:(A) reason for closing the program or portion thereof;(B) date of intended closure;(C) academic provisions for students to complete the advanced practice registered nursing education program and teach-out arrangements that have been approved by the appropriate Texas agency (i.e., the THECB, the TWC, or the Board);(D) provisions made for access to and safe storage of vital school records, including transcripts of all graduates; and(E) methods to be used to maintain requirements and standards until the program or portion thereof closes.(2) The program or portion thereof shall continue within standards until all students enrolled in the advanced practice registered nursing education program at the time of the decision to close have graduated. In the event this is not possible, a plan must be developed whereby students may transfer to other accredited or approved programs.", "sourceNote": "Source Note: The provisions of this §219.3 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193357", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.4", "label": "Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193358", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The progressive designation of approval status is not implied by the order of the following listing. Approval status is based upon each program's performance and demonstrated compliance to the Board's requirements and responses to the Board's recommendations. Change from one status to another is based on survey visits or other factors listed under this subsection. Types of approval include:(1) Initial Approval.(A) Initial approval is written authorization by the Board for a new program to enroll students, is granted if the program meets the requirements and addresses the recommendations issued by the Board, and begins with the date of the first student enrollment.(B) The number of students to be enrolled while the program is on initial approval is determined by the Board, and the requirements are included in the Board Order.(2) Approval With Warning.(A) Issuance of warning. When the Board determines that a program is not meeting the Board's legal and/or education requirements, the program is issued a warning, is provided a list of the deficiencies, and is given a specified time in which to correct the deficiencies.(B) Failure to correct deficiencies. If the program fails to correct the deficiencies within the prescribed period, the Board may:(i) Restrict admissions or other program activities until the deficiencies are corrected,(ii) Place the program on conditional approval, or(iii) Deny approval.(3) Conditional Approval. Conditional approval is granted for a time specified by the Board in order to provide additional time to correct the deficiencies.(A) The program shall not admit students while on conditional approval.(B) The Board may establish specific criteria to be met in order for the program's conditional approval status to be removed.(C) Depending upon the degree to which the Board's legal and/or educational requirements are met, the Board may change the approval status to approved, approval with warning, or deny approval.(4) Denial of Approval. The Board may deny initial or ongoing approval of a program that fails to meet legal and/or educational requirements within the specified time. The program shall be removed from the list of Board-approved advanced practice registered nursing education programs.(b) Factors Jeopardizing Program Approval Status. Approval may be changed or denied for any of the following reasons:(1) When a program demonstrates non-compliance with Board requirements, approval may be changed to full with warning or conditional status, may be withdrawn, or the Board, in its discretion, may impose restrictions or conditions it deems appropriate and necessary. In addition to imposing restrictions or conditions, the Board may also require additional monitoring of the program. Board monitoring may include the review and analysis of program reports; extended communication with program directors; and additional survey visits. A monitoring plan may require the submission of quarterly reports of students' performance in courses and clinical learning experiences; remediation strategies and attrition rates; and reports from an assigned mentor to the program director. Additional survey visits by a Board representative may be conducted at appropriate intervals to evaluate the status of the program. The Board may alter a monitoring plan as necessary to address the specific needs of a particular program. When the Board requires monitoring activities to evaluate and assist the program, monitoring fees will apply.(2) A change in approval status, requirements for restrictions or conditions, or a monitoring plan may be issued by the Board for any of the following reasons:(A) deficiencies in compliance with the rule;(B) noncompliance with the school's stated philosophy/mission, program design, objectives/outcomes, and/or policies;(C) failure to submit records and reports to the Board office within designated time frames;(D) failure to provide sufficient variety and number of clinical learning opportunities for students to achieve stated objectives/outcomes;(E) failure to comply with Board requirements or to respond to recommendations within the specified time;(F) student enrollments without resources to support the program, including sufficient qualified faculty, adequate educational facilities, and appropriate clinical affiliating agencies;(G) failure to recruit qualified faculty and preceptors with appropriate role preparation for program type;(H) failure to obtain nursing accreditation or approval within five (5) years from the date the first class completes the program; or(I) other activities or situations that demonstrate to the Board that a program is not meeting Board requirements.(c) Determination of Approval Status.(1) Survey visit. Each advanced practice registered nursing education program will be visited as necessary once approval has been granted. A written report of the survey visit will be reviewed by the Board at a regularly scheduled meeting.(2) Ongoing approval may be continued on the basis of pertinent data as determined by the Board when a program is not visited by staff.(3) Notice of a program's approval status will be sent to the director, chief administrative officer of the governing institution, and others as determined by the Board.(d) Withdrawal from the Approval Process.(1) Board approval of an advanced practice registered nursing education program shall automatically be withdrawn with the first occurrence of any of the following:(A) The program obtains accreditation by a national advanced practice registered nursing education accrediting agency recognized by the Board;(B) Five years elapse from the date the first class completes the program; or(C) The program is denied national accreditation.(2) An advanced practice registered nursing education program approved by the Board may elect to withdraw from the Board approval process by notifying the Board of its intention to withdraw in writing.(3) After withdrawal from the Board approval process, the advanced practice registered nursing education program shall be removed from the list of Board approved nursing education programs.(4) Withdrawal of approval status will become effective on a date agreed upon by the Board and the program unless otherwise indicated in this subsection.(5) Programs may reapply for initial approval at any time. Programs that have had Board approval withdrawn for failure to obtain accreditation by a national advanced practice registered nursing education accrediting agency recognized by the Board must reapply for initial approval by submitting a new proposal as described in this chapter and in Board guidelines.", "sourceNote": "Source Note: The provisions of this §219.4 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193358", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.5", "label": "Mission/Philosophy and Objectives/Outcomes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193359&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193359", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The philosophy/mission and objectives/outcomes of the advanced practice registered nursing education program shall be consistent with the philosophy/mission of the governing institution.(b) The philosophy/mission and objectives/outcomes shall be consistent with:(1) The philosophy/mission of the governing institution;(2) The scope of practice of the advanced practice registered nurse role and population focus;(3) The targeted population or setting for delivery of advanced practice registered nursing care; and(4) Professional, educational, and ethical standards of nursing.(c) The program objectives/outcomes shall be consistent with the program's philosophy/mission and shall describe the capabilities of the graduates of the program. Objectives/Outcomes shall be stated in behavioral terms and shall serve as a mechanism for evaluating student progression.(d) The written philosophy/mission and objectives/outcomes shall be used as a basis for planning, organizing, implementing and evaluating the program and shall be shared with the students.(e) The dean/director and the faculty shall periodically review the philosophy/mission and objectives/outcomes, consider student input as appropriate, and make necessary revisions to maintain currency.", "sourceNote": "Source Note: The provisions of this §219.5 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193359&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193359", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.6", "label": "Administration and Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193360", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advanced practice registered nursing education program shall operate within or be affiliated with a college or university authorized to award graduate degrees.(b) The governing institution shall be regionally accredited by an agency recognized by the Texas Higher Education Coordinating Board.(c) There shall be an organizational chart that demonstrates the relationship of the advanced practice registered nursing education program to the governing institution and indicates lines of responsibility and authority.(d) In colleges and universities, the advanced practice registered nursing education program shall have comparable status with other academic units within the governing institution in such areas as budgetary authority, rank, promotion, tenure, leave, benefits, and professional development.(e) Salaries shall be adequate to recruit, employ, and retain sufficient qualified nursing faculty members with graduate preparation and expertise necessary for students to meet program goals.(f) The governing institution shall provide financial support and resources needed to operate an advanced practice registered nursing education program that meets the legal and educational requirements of the Board and fosters achievement of program goals. The financial resources shall support adequate educational facilities, equipment, and qualified administrative and instructional personnel.(g) Each advanced practice registered nursing education program shall be administered by a qualified individual who is accountable for the planning, implementation, and evaluation of the advanced practice registered nursing education program. The dean or director shall:(1) hold a current, valid, unencumbered license or privilege to practice as a registered nurse in the State of Texas;(2) hold a minimum of a master's degree in nursing, doctoral-level preferred, or the equivalent thereof as determined by the Board;(3) be authorized to practice as an advanced practice registered nurse in a role and population focus appropriate to the type of program;(4) have a minimum of two (2) years teaching experience in a program appropriately related to the type of program being administered; and(5) have demonstrated knowledge, skills, and abilities in administration within graduate level advanced practice registered nursing education programs.(h) Sufficient time shall be provided for the dean/director to administer the program. The teaching load shall not negatively impact program administration responsibilities.(i) When the dean/director of the advanced practice registered nursing education program changes, the dean/director shall submit to the Board written notification of the change indicating the final date in the position.(1) A new Dean/Director/Coordinator Qualification Form shall be submitted to the Board office by the governing institution for approval prior to appointment of a new dean/director or interim dean/director in an existing program or a new Board-approved advanced practice registered nursing education program according to Board Education Guideline 3.4.1.a Approval Process for a New Dean/Director/Coordinator.(2) A curriculum vitae and all official transcripts for the proposed new dean/director shall be submitted with the new Dean/Director/Coordinator Qualification Form according to Board Education Guideline 3.4.1.a.(j) The dean/director shall have the authority to direct the advanced practice registered nursing education program in all its phases, including approval of teaching staff, selection of appropriate clinical sites, admission, progression, probation, dismissal of students, and enforcement of student policies. Additional responsibilities include, but are not limited to:(1) providing evidence of faculty expertise and knowledge to teach curriculum content;(2) verifying students' completion of program requirements; and(3) completing and submitting the NEPIS by the required dates.(k) The dean or director of the nursing program shall notify Board Staff immediately when there is a change in the name of the advanced practice registered nursing education program or the governing institution, or when there are changes in the contact information.", "sourceNote": "Source Note: The provisions of this §219.6 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193360&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193360", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.7", "label": "Faculty Qualifications and Faculty Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134678", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) There shall be written personnel policies for nursing faculty that are in keeping with accepted education standards and are consistent with those of the governing institution to the extent possible. Variations of these policies may be necessary because of the nature of the curriculum for which the faculty must have authority and responsibility.(1) Policies concerning workload for faculty and the director shall be in writing.(2) Sufficient time shall be provided faculty to accomplish those activities related to the teaching-learning process as well as meet other responsibilities/expectations such as scholarly activities, practice, and research.(b) An advanced practice registered nursing education program shall employ sufficient faculty members with appropriate graduate preparation and expertise necessary to enable students to meet the program goals. The number of faculty members shall:(1) Provide students with a level of instruction and supervision that is compatible with safe practice including educational experiences necessary to meet students' learning needs; and(2) Be determined by such factors as:(A) The number and level of students enrolled;(B) The curriculum plan;(C) Activities and responsibilities required of faculty;(D) The number and geographic locations of preceptors, affiliate agencies, and clinical practice settings; and(E) The complexity of care and acuity of patients.(c) Faculty Qualifications and Responsibilities.(1) Documentation of faculty qualifications shall be included in the official files of the program. Each nurse faculty member shall:(A) Hold a current, valid license or privilege to practice as a registered nurse in the state of Texas;(B) Hold a minimum of a master's degree in nursing or the equivalent thereof as determined by the Board;(C) Be qualified through academic preparation to teach the subject assigned; and(D) Shall meet the standards for faculty appointment by the governing institution.(2) There shall be written personnel policies for non-nursing faculty who teach nursing courses that are in keeping with accepted educational standards and are consistent with those of the governing institution to the extent possible. Variations of these policies may be necessary because of the nature of the curriculum for which the faculty must have authority and responsibility. Non-nursing faculty shall have graduate level education preparation verified by the director as appropriate to the subject area.(3) Teaching assignments shall be commensurate with the faculty member's education and experience as an advanced practice registered nurse.(4) Faculty responsible for clinical management courses or involved in clinical teaching and supervision shall also:(A) Be licensed as an advanced practice registered nurse;(B) Have clinical practice experience as an advanced practice registered nurse of at least two years. If a faculty member has less than two (2) years advanced practice registered nursing experience, that faculty member must be responsible to a qualified faculty member; and(C) Maintain clinical practice within the advanced practice registered nurse role and population focus.(d) The faculty shall be organized with written policies and procedures and/or bylaws to guide the faculty and program's activities. The policies, procedures, and/or bylaws shall be consistent with the governing institution.(e) The faculty shall meet regularly and function in such a manner that all members participate in planning, implementing, and evaluating the program. Such participation includes, but is not limited to, the initiation and/or change of academic policies, personnel policies, curriculum, utilization of affiliate agencies, and program evaluation.(1) Committees necessary to carry out the functions of the program shall be established with duties and membership of each committee clearly defined in writing.(2) Minutes of faculty organization and/or committee meetings shall document the reasons for actions and the decisions of the faculty and shall be available for reference.(f) There shall be written plans for faculty orientation, development, and evaluation.(1) Orientation of new faculty members shall be initiated at the onset of employment.(2) A program of faculty development shall be offered to encourage and assist faculty members to meet the program's needs as well as individual faculty member's professional development needs.(3) A variety of means shall be used to evaluate faculty performance such as self, student, peer and administrative evaluations.", "sourceNote": "Source Note: The provisions of this §219.7 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134678", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.8", "label": "Students" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193361", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Students should have a mechanism for input into the development of academic policies and procedures, curriculum planning, and evaluation of teaching effectiveness.(b) The number of students admitted to the program shall be determined by the number of qualified faculty, adequate educational facilities and resources, and the availability of appropriate clinical learning experiences for students.(c) Written policies regarding student admission and progression shall be developed and implemented in accordance with the requirements that the governing institution must meet to maintain accreditation. Student policies that differ from those of the governing institution shall be in writing and shall be made available to faculty and students.(d) Students shall hold a current, valid license or privilege to practice as a registered nurse in the state(s) in which they participate in any clinical learning experiences, including, but not limited to, laboratory or observational experiences involving patient contact or having the potential to involve patient contact, including contact via telehealth.(e) There shall be written policies for student grievance, health, safety, and welfare.(f) Students shall have the opportunity to evaluate faculty, courses, and learning resources and these evaluations shall be documented.", "sourceNote": "Source Note: The provisions of this §219.8 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193361", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.9", "label": "Program of Study" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193362", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The program of study shall be:(1) At least the equivalent of one (1) academic year;(2) Planned, implemented, and evaluated by the faculty;(3) Based on the philosophy/mission and objectives/outcomes;(4) Organized logically and sequenced appropriately;(5) Based on educational principles acceptable to the Board; and(6) At or beyond the master's degree level.(b) For clinical nurse specialist programs, the program of study must also qualify the graduate for a minimum of a master's degree in nursing.(c) The curriculum content shall include:(1) Didactic and clinical learning experiences necessary to meet the objectives/outcomes;(2) Concepts and principles critical to advanced practice registered nursing;(3) Professional and legal implications of the nurse in the advanced role;(4) Knowledge and skills relevant to practice in the area of role and population focus; and(5) Evidence of inclusion of the following curricular requirements:(A) Separate courses in advanced pharmacotherapeutics, advanced health assessment, and advanced physiology and pathophysiology. These courses must be graduate level academic courses;(B) Evidence of theoretical and clinical role preparation;(C) Evidence of clinical major courses in the population focus area;(D) Evidence of a practicum/preceptorship/internship to integrate clinical experiences as reflected in essential content and the clinical major courses.(E) In this subsection, the following terms have the following definitions:(i) Advanced Health Assessment Course--a course that offers content supported by related clinical experience such that students gain the knowledge and skills needed to perform comprehensive assessments to acquire data, make diagnoses of health status and formulate effective clinical management plans. Content must include assessment of all human systems, advanced assessment techniques, concepts, and approaches.(ii) Advanced Pharmacotherapeutics Course--a course that offers content in pharmacokinetics and pharmacodynamics, pharmacotherapeutics of all broad categories of agents, and the application of drug therapy to the treatment of disease and/or the promotion of health.(iii) Advanced Physiology and Pathophysiology Course--a course that offers content that provides a comprehensive, system-focused pathology course that provides students with the knowledge and skills to analyze the relationship between normal physiology and pathological phenomena produced by altered states across the life span.(iv) Role preparation--formal didactic and clinical experiences/content that prepare nurses to function in an advanced practice registered nurse role.(v) Clinical major courses--courses that include didactic content and offer clinical experiences in a specific population focus area.(vi) Essential content--didactic and clinical content essential for the educational preparation of individuals to function within the scope of advanced practice registered nursing practice. The essential content includes, but is not limited to: advanced assessment, pharmacotherapeutics, role preparation, nursing specialty practice theory, physiology/pathology, diagnosis and clinical management of health status, and research.(vii) Practicum/Preceptorship/Internship--a designated portion of a formal advanced practice registered nurse education program that is offered in a health care setting and affords students the opportunity to integrate theory and clinical practice in both the advanced practice registered nurse role and population focus area through direct patient care/client management. Practicums/Preceptorships/Internships are planned and monitored by either a designated faculty member or qualified preceptor.(d) For clinical nurse specialist programs, the curriculum must also contain a minimum of nine (9) semester credit hours or the equivalent in a specific clinical major. Clinical major courses must include didactic content and offer clinical experiences in a specific clinical specialty/practice area recognized by the Board.(e) A clinical nurse specialist program must include at a minimum a separate course in diagnosis and management of diseases and conditions within the clinical specialty area recognized by the Board. This course(s) must be an advanced level academic course(s) with a minimum of 45 clock hours.(f) Individuals prepared in more than one (1) advanced practice registered nurse role and/or population focus (including blended role or dual specialty programs) shall be considered to have completed separate advanced practice registered nursing education programs of study for each role and/or specialty area.(g) The program of study shall include a minimum of 500 separate, non-duplicated clinical hours for each advanced role and population focus within the advanced practice registered nursing education program.(h) Post-master's preparation may be offered as graduate level course work through master's or higher level advanced practice registered nursing education programs that include the desired role and population focus and otherwise meet the standards in this chapter.(1) Post-master's students are required to complete a minimum of 500 clinical hours in addition to the entire role, clinical major, and curricular requirements, or the equivalent set forth in this chapter. Courses may be waived if an individual's transcript indicates that an equivalent course has been successfully completed or if the student demonstrates proficiency, validating program outcomes according to written program policies. Clinical hours shall not be waived.(2) Only registered nurses who hold master's degrees in nursing shall be eligible for post-master's preparation as clinical nurse specialists.(i) Board staff approval is required prior to implementation of major curriculum changes. Proposed changes shall include information outlined in Board guidelines and shall be reviewed using Board standards. Changes that require approval include:(1) Changes in program philosophy/mission and objectives/outcomes that result in a reorganization or reconceptualization of the entire curriculum, and/or(2) An increase or decrease in program length by more than nine (9) semester credit hours or 25%.", "sourceNote": "Source Note: The provisions of this §219.9 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193362&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193362", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.10", "label": "Management of Clinical Learning Experiences and Resources" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193363", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Faculty shall be responsible and accountable for managing clinical learning experiences of students.(b) Faculty shall develop criteria for the selection of affiliating agencies/clinical facilities or clinical practice settings that address safety and the need for students to achieve the program outcomes (goals) through advanced practice registered nursing.(c) Faculty shall select and evaluate affiliating agencies/clinical facilities or clinical practice settings that provide students with opportunities to achieve the goals of the program.(d) Written agreements between the program and the affiliating agencies shall specify the responsibilities of the program to the agency and the responsibilities of the agency to the program. Such agreements shall be developed jointly with the affiliating agency, reviewed periodically according to the policies of the program and the affiliating agency, and include provisions for adequate notice of termination.(e) When clinical preceptorships are used in an advanced practice registered nursing education program, the following conditions shall be met:(1) Written agreements between the program, clinical preceptor and the affiliating agency/clinical facility, when applicable, shall delineate the functions and responsibilities of the parties involved.(2) Criteria for selecting clinical preceptors shall be developed in writing. Competent clinicians can be considered qualified to be preceptors if they are:(A) Licensed to practice as advanced practice registered nurses, or(B) Currently licensed health care professionals who can provide supervision and teaching in clinical settings appropriate for advanced practice registered nursing.(3) Written clinical objectives shall be specified and shared with the clinical preceptor prior to the experience.(4) The designated faculty member shall be responsible for the student's learning experiences and shall communicate regularly with the clinical preceptor and student for the purpose of monitoring and evaluating learning experiences. If site visits are not feasible, communication and evaluation are managed by alternatives such as telephone, written communications, or clinical simulations.(f) The maximum number of students that one (1) advanced practice registered nursing education program faculty member supervises in a clinical course should not exceed six (6) students.(1) If faculty are providing on-site clinical supervision of students, the ratio should not exceed two (2) students to one (1) faculty member during the clinical day.(2) If faculty are providing on-site clinical supervision of students while managing their own caseload of patients, the ratio should not exceed one (1) student per faculty during the clinical day.", "sourceNote": "Source Note: The provisions of this §219.10 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193363&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193363", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.11", "label": "Facilities, Resources, and Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193364", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The governing institution shall be responsible for providing:(1) Educational facilities;(2) Resources; and(3) Services that support the effective development and implementation of the advanced practice registered nursing education program.(b) The physical facilities shall be adequate to meet the needs of the program in relation to the size of the faculty and the student body.(1) The director shall have a private office.(2) Faculty offices shall be conveniently located and adequate in number and size to provide faculty with privacy for conferences with students and uninterrupted work.(3) Space for clerical staff, records, files, and equipment shall be adequate.(4) There shall be mechanisms that provide for the security of sensitive materials, such as examinations and health records.(5) Classrooms, laboratories, and technology shall be conducive to learning and adequate in number, size, and type for the number of students and the educational purposes.(c) The dean/director and faculty shall have appropriate technology and support services, including but not limited to secretarial and clerical assistance, appropriate to the needs of the program.(d) The learning resources, library, and program holdings shall be current, use contemporary technology appropriate for the level of the curriculum, and be sufficient for the size of the student body and the needs of the faculty.(1) Provisions shall be made for reasonable accessibility, availability, and timely delivery of information resources.(2) Facilities and policies shall promote effective use of resources, e.g., environment, accessibility, and hours of operation.", "sourceNote": "Source Note: The provisions of this §219.11 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193364", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.12", "label": "Records and Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134683", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Accurate and current records shall be maintained in a confidential manner and be accessible to appropriate parties. Records shall include, but are not limited to:(1) Records of current students;(2) Transcripts/permanent record cards of graduates;(3) Faculty records;(4) Administrative records that include minutes of faculty meetings for the past three (3) years, annual reports of the program, and school catalogs;(5) The current program of study and curriculum, including philosophy/mission and objectives/outcomes and course outlines;(6) Agreements with affiliating agencies; and(7) Master plan of evaluation with most recent data collection.(b) Records shall be safely stored to prevent loss, destruction, or unauthorized use.", "sourceNote": "Source Note: The provisions of this §219.12 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184; amended to be effective December 9, 2018, 43 TexReg 7894." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134683", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "219", "label": "ADVANCED PRACTICE REGISTERED NURSE EDUCATION" }, "rule": { "number": "§219.13", "label": "Total Program Evaluation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190483", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) There shall be a written plan for the systematic evaluation of the total program. The plan shall include evaluative criteria, methodology, frequency of evaluation, assignment of responsibility, and indicators (benchmarks) of program and instructional effectiveness. The following broad areas shall be periodically evaluated:(1) Organization and administration of the program;(2) Philosophy/mission and objectives/outcomes;(3) Program of study, curriculum, and instructional techniques;(4) Education facilities, resources, and services;(5) Affiliating agencies and clinical learning activities;(6) Student achievement, e.g., attrition rates, completion rates, length of time for program completion;(7) Graduate outcomes, e.g., certification examination pass rates, graduate surveys, employer surveys; and(8) Faculty's performance.(b) All methods and instruments used for evaluative purposes shall be periodically reviewed and revised as necessary.(c) Implementation of the plan for total program evaluation shall be documented in the minutes.(d) There shall be documentation that the data obtained from the total program evaluation is reviewed and used for ongoing program improvement.(e) Major changes in the nursing program shall be evidence-based and supported by rationale.", "sourceNote": "Source Note: The provisions of this §219.13 adopted to be effective September 13, 2001, 26 TexReg 6889; amended to be effective January 8, 2008, 33 TexReg 184." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190483", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "220", "label": "NURSE LICENSURE COMPACT" }, "rule": { "number": "§220.1", "label": "Eligibility and Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146623", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligibility to hold a multistate licensure privilege under the Nurse Licensure Compact (Compact) shall be determined pursuant to the requirements of Texas Occupations Code §304.0015, Article III (c), and all uniform rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators (Commission).(b) All nurses granted a multistate licensure privilege under the Compact shall comply with all uniform rules adopted by the Commission, which are published on the Board's website.", "sourceNote": "Source Note: The provisions of this §220.1 adopted to be effective January 1, 2000, 24 TexReg 10331; amended to be effective April 18, 2018, 43 TexReg 2272." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146623&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146623", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194149", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:(1) Accredited program--A program which has been deemed to have met certain standards set by the board or by a national accrediting body recognized by the board.(2) Advanced educational program--A post-basic advanced practice nurse program at the certificate, master's degree, or higher level. Beginning January 1, 2003, a minimum of a master's degree in the advanced practice role and population focus area will be required for recognition as an Advanced Practice Registered Nurse.(3) Advanced practice nurse--A registered nurse approved by the board to practice as an advanced practice nurse based on completing an advanced educational program acceptable to the board. The term includes a nurse practitioner, nurse-midwife, nurse anesthetist, and a clinical nurse specialist. The advanced practice nurse is prepared to practice in an expanded role to provide health care to individuals, families, and/or groups in a variety of settings including but not limited to homes, hospitals, institutions, offices, industry, schools, community agencies, public and private clinics, and private practice. The advanced practice nurse acts independently and/or in collaboration with other health care professionals in the delivery of health care services.(4) Authorization to practice--The process of reviewing the educational, licensing, certification and other credentials of the registered nurse to determine compliance with the board's requirements for approval as an advanced practice nurse.(5) Board--The Texas Board of Nursing.(6) Current certification--Initial certification and maintenance of certification by national certifying bodies recognized by the board.(7) Current practice--Maintaining competence as an advanced practice nurse by practicing in the advanced role and specialty in the clinical setting, practicing as an educator in the clinical and/or didactic portion of an advanced educational program of study, or practicing as a consultant or an administrator within the advanced specialty and role.(8) Graduate advanced practice nurse--A registered nurse who has completed an advanced educational program of study and has been granted provisional or interim authorization by the board to practice in the advanced specialty and role.(9) Monitored anesthesia care--Refers to situations where a patient undergoing a diagnostic or therapeutic procedure receive doses of medication that create a risk of loss of normal protective reflexes or loss of consciousness and the patient remains able to protect the airway for the majority of the procedure. If, for an extended period of time, the patient is rendered unconscious and/or loses normal protective reflexes, then anesthesia care shall be considered a general anesthetic.(10) Outpatient setting--Any facility, clinic, center, office, or other setting that is not a part of a licensed hospital or a licensed ambulatory surgical center with the exception of all of the following:(A) clinic located on land recognized as tribal land by the federal government and maintained or operated by a federally recognized Indian tribe or tribal organization as listed under 25 U.S.C. Section 479-1 or as listed under a successor federal statute or regulation;(B) a facility maintained or operated by a state or governmental entity;(C) a clinic directly maintained or operated by the United States or by any of its departments, officers, or agencies; and(D) an outpatient setting accredited by either the Joint Commission on Accreditation of Healthcare Organizations relating to ambulatory surgical centers, the American Association for the Accreditation of Ambulatory Surgery Facilities, or the Accreditation Association for Ambulatory Health Care.(11) Party state--Any state that has entered into the Nurse Licensure Compact.(12) Protocols or other written authorization--Written authorization to provide medical aspects of patient care which are agreed upon and signed by the advanced practice nurse and the physician, reviewed and signed at least annually, and maintained in the practice setting of the advanced practice nurse. Protocols or other written authorization shall be defined to promote the exercise of professional judgment by the advanced practice nurse commensurate with his/her education and experience. Such protocols or other written authorization need not describe the exact steps that the advanced practice nurse must take with respect to each specific condition, disease, or symptom and may state types or categories of drugs which may be prescribed rather that just list specific drugs.(13) Shall and must--Mandatory requirements.(14) Should--A recommendation.(15) Unencumbered--A license to practice registered nursing which does not have stipulations against the license.", "sourceNote": "Source Note: The provisions of this §221.1 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective June 29, 2010, 35 TexReg 5561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194149&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194149", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.2", "label": "APRN Titles and Abbreviations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194150", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An advanced practice registered nurse (APRN) must be licensed in one or more of the following roles and population focus areas:(1) Roles:(A) Certified Nurse-Midwife (CNM);(B) Certified Nurse Practitioner (CNP);(C) Certified Registered Nurse Anesthetist (CRNA); and/or(D) Clinical Nurse Specialist (CNS);(2) Population focus areas:(A) Adult-gerontology:(i) Acute care; and/or(ii) Primary care;(B) Family/individual across the lifespan;(C) Neonatal;(D) Pediatrics:(i) Acute care; and/or(ii) Primary care;(E) Psychiatric/mental health; and/or(F) Women's health/gender-related.(b) A registered nurse who holds current licensure issued by the Board as an APRN shall, at a minimum, use the designation \"APRN\" and the APRN licensure title, which consists of the current role and population focus area, granted by the Board.(c) When providing care to patients, the APRN shall wear and provide clear identification that includes the current APRN designation and licensure title being utilized by the APRN, as specified by this section. An APRN may also include additional certifications or educational credentials in his/her identification, so long as the certifications and/or credentials are current, accurate, and not misleading as to their meaning.(d) Unless licensed as an APRN by the Board as provided in this chapter, an individual shall not:(1) claim to be an APRN or hold himself/herself out to be an APRN in this state; and/or(2) use a title or any other designation tending to imply that the person is an APRN.(e) An individual who violates subsection (c) or (d) of this section may be subject to discipline under the Nursing Practice Act and Board rules.", "sourceNote": "Source Note: The provisions of this §221.2 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective May 15, 2005, 30 TexReg 2668; amended to be effective February 27, 2019, 44 TexReg 833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194150&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194150", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.3", "label": "APRN Education Requirements for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194151", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section, the following terms have the following meanings:(1) Advanced Health Assessment Course--a course that offers content supported by related clinical experience such that students gain the knowledge and skills needed to perform comprehensive assessments to acquire data, make diagnoses of health status, and formulate effective clinical management plans. Content must include assessment of all human systems, advanced assessment techniques, concepts, and approaches.(2) Advanced Pharmacotherapeutics Course--a course that offers content in pharmacokinetics and pharmacodynamics, pharmacotherapeutics of all broad categories of agents, and the application of drug therapy to the treatment of disease and/or the promotion of health.(3) Advanced Physiology and Pathophysiology Course- a comprehensive, system-focused pathology course that provides students with the knowledge and skills to analyze the relationship between normal physiology and pathological phenomena produced by altered states across the life span.(4) Role preparation--formal didactic and clinical experiences/content that prepares nurses to function in an APRN role.(5) Clinical major courses--courses that include didactic content and offer clinical experiences in a specific population focus area.(6) Practicum/Preceptorship/Internship/Residency/Fellowship--a designated portion of a formal APRN education program that is offered in a health care setting and affords students the opportunity to integrate theory and role in both the APRN role and population focus area through direct patient care/client management. Practicums/Preceptorships/Internships/Residencies/Fellowships are planned and monitored by either a designated faculty member or qualified preceptor.(b) In order to be eligible to apply for licensure as an APRN, the registered nurse must have completed a post-basic advanced educational program of study appropriate for practice in an APRN role and population focus area recognized by the Board. RN to BSN programs shall not be considered post-basic programs for the purpose of this rule.(c) Individuals prepared in more than one APRN role and/or population focus area (including blended role or dual specialty programs) shall be considered to have completed separate APRN education programs of study for each role and/or population focus area.(d) Applicants for licensure in an APRN role and population focus area recognized by the Board must submit verification of completion of all requirements of an advanced educational program that meets the following criteria:(1) Graduation from an APRN graduate or post-graduate program as evidenced by official documentation received directly from an APRN education program accredited by a nursing accrediting body that is recognized by the Board and the U.S. Secretary of Education and/or the Council for Higher Education Accreditation (CHEA), or its successor organization, as recognized by the Board. Programs may be approved by the appropriate licensing body in the state in which the program is located. A state licensing body's accreditation process must meet or exceed the requirements of accrediting bodies specified in Board policy.(2) Programs of study shall be at least one academic year in length and shall include a formal preceptorship. One academic year in length shall be evaluated based on the equivalent of a full time academic load.(3) Graduates of APRN education programs who were prepared for two population foci or two different APRN roles shall demonstrate that they have completed didactic content and clinical experience in both functional roles and population foci.(e) Applicants for licensure as clinical nurse specialists must submit verification of the following requirements, in addition to meeting other APRN requirements for licensure:(1) completion of a minimum of a master's degree in the discipline of nursing, and(2) completion of a minimum of nine semester credit hours or the equivalent in a specific clinical major. Clinical major courses must include didactic content and clinical experiences in the clinical nurse specialist role in a specific population focus area. Courses in advanced health assessment, advanced physiology and pathophysiology, and advanced pharmacotherapeutics cannot be counted toward meeting the nine semester credit hour requirement.(f) Applicants for APRN licensure shall provide evidence of completion of an APRN education program that prepared the graduate to practice in one of the four APRN roles and at least one of the population foci recognized by the Board. The curriculum shall include:(1) Three separate, dedicated graduate level courses in:(A) Advanced health assessment that includes assessment of all human systems, advanced assessment techniques, concepts and approaches;(B) Advanced pharmacology that includes pharmacodynamics, pharmacokinetics, and pharmacotherapeutics of all broad categories of agents; and(C) Advanced physiology and pathophysiology, including general principles that apply across the lifespan;(2) Diagnosis and management of diseases and conditions across practice settings, including diseases representative of all systems appropriate to the role and population focus area of licensure;(3) Preparation that provides a basic understanding of the principles for decision making in the identified role;(4) Preparation in the core competencies for the identified APRN role;(5) Role preparation in one identified population focus area of practice; and(6) APRN core content including legal, ethical, and professional responsibilities of the APRN.(g) The curriculum shall be consistent with competencies of the specific areas of practice.(h) Graduates of APRN education programs who were prepared for two population foci or completed APRN role preparation in more than one role within the same program shall provide such evidence as is required for Board staff to verify that the program included sufficient content and clinical experience to practice the full scope of practice of both functional roles and population foci.(i) Each instructional track/major shall have a minimum of 500 supervised clinical hours as defined by the Board. The supervised experience shall have been directly related to the role and population focus area of licensure and include pharmacotherapeutic management of patients.(j) Evidence of recognition of prior learning and advanced placements in the curriculum for individuals who hold a master's degree in nursing and are seeking preparation in a different role and/or population focus area through post-graduate preparation must be provided to the Board for review. Evidence shall be provided demonstrating that the post-master's nursing student completed the requirements of the master's APRN program through a formal graduate level certificate in the desired role and population focus area. Post-master students must demonstrate they have met the same APRN outcome competencies as master level students in the full scope of the role and population focus area.", "sourceNote": "Source Note: The provisions of this §221.3 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective January 2, 2006, 30 TexReg 8881; amended to be effective June 29, 2010, 35 TexReg 5561; amended to be effective February 27, 2019, 44 TexReg 833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194151", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.4", "label": "Licensure as an APRN" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194152", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application for Initial Licensure as an APRN.(1) An applicant for licensure as an APRN in this state shall submit to the Board the required fee specified in §223.1 of this title (relating to Fees), verification of licensure or privilege to practice as a registered nurse in Texas, and a completed application that provides the following information:(A) Graduation from an APRN graduate or post-graduate program, as evidenced by official documentation received directly from an APRN education program accredited by a nursing accrediting body that is recognized by the Board and the U.S. Secretary of Education and/or the Council for Higher Education Accreditation (CHEA), or its successor organization, as recognized by the Board; and(B) Documentation of education shall verify the date of graduation; credential conferred; number of clinical hours completed; completion of three separate graduate level courses in advanced physiology and pathophysiology; advanced health assessment; advanced pharmacology that includes pharmacodynamics, pharmacokinetics, and pharmacotherapeutics of all broad categories of agents; role and population focus area of the education program; and evidence of meeting the standards of APRN education set forth in this rule.(2) In order to be licensed in this state, all APRN applicants must be currently licensed as a registered nurse in Texas or hold a current privilege to practice as a registered nurse in Texas.(3) In order to be licensed in this state, all APRN applicants must take and pass the appropriate APRN national certification examination in the APRN role and population focus congruent with the applicant's educational preparation. Only those national certification examination(s) recognized by the Board for each APRN role and population focus area shall be accepted. Certification must remain current at all times.(4) Identification of any state, territory, or country in which the applicant holds or previously held a professional license or credential, if applicable, must be provided. Required information includes:(A) The number, type, and status of the license or credential; and(B) The original state or country of licensure or credentialing.(5) An applicant must provide the date and jurisdiction the applicant previously applied for a license in another jurisdiction and either was denied a license, withdrew the application, or allowed the application to expire, as applicable.(6) An applicant must provide a detailed explanation and supporting documentation for each affirmative answer to questions regarding the applicant's eligibility for licensure.(7) An individual who has reason to believe that he or she may be ineligible for APRN licensure or prescriptive authorization may petition the Board for a declaratory order as to his or her eligibility by submitting a petition, on forms provided by the Board, and the fee required in §223.1 of this title (relating to Fees).(A) The petition shall include:(i) a statement by the individual indicating the reason(s) and basis of his/her potential ineligibility;(ii) if the potential ineligibility is due to the individual's criminal history, all court documents, including, but not limited to: indictments, agreements for pre-trial diversion or deferred prosecution, orders of deferred adjudication, judgments, probation records, and evidence of completion of probation, as applicable;(iii) if the potential ineligibility is due to the individual's mental health condition or diminished capacity, verifiable and reliable evidence of controlled behavior and consistent compliance with recommended treatment, including compliance with a prescribed medication regime, for a reasonable amount of time, as applicable;(iv) if the potential ineligibility is due to the individual's substance use disorder and/or the abuse/misuse of alcohol or drugs, verifiable and reliable evidence of sobriety and abstinence from drugs and alcohol, which may include evidence of the completion of inpatient, outpatient, or aftercare treatment, random drug screens, individual or group therapy, and/or support group attendance; and(v) an evaluation that meets the criteria of the Occupations Code §301.4521 and §213.33 of this title (relating to Factors Considered for Imposition of Penalties/Sanctions), if applicable.(B) Once the Board has received all necessary information, including the information required by subparagraph (A) of this paragraph, an investigation shall be conducted. The investigation will be based upon an evaluation of the individualized factors of the case, the potential risk of harm the individual's practice may pose to patients/clients and/or the public, and the individual's ability to meet the requirements of §213.27 (relating to Good Professional Character), §213.28 (relating to Licensure of Individuals with Criminal History), and §213.29 (relating to Fitness to Practice) of this title, as applicable. Based upon the individualized facts of the case, the Board may approve licensure or prescriptive authorization without encumbrance, impose probationary conditions or restrictions on the individual's ability to practice advanced practice nursing in this state, or limit or deny licensure or prescriptive authorization.(C) If the Executive Director proposes to find the individual ineligible for licensure or prescriptive authorization, the individual may obtain a hearing before the State Office of Administrative Hearings (SOAH). The Executive Director shall have discretion to set a hearing and give notice of the hearing. The hearing shall be conducted in accordance with §213.22 of this title (relating to Formal Proceedings) and the rules of SOAH. When in conflict, SOAH's rules of procedure will prevail. The decision of the Board shall be rendered in accordance with §213.23 of this title (relating to Decision of the Board).(D) An individual whose petition is denied may re-petition or seek licensure or prescriptive authorization after the expiration of one year from the date of the proposal to deny eligibility.(8) An applicant must attest, on forms provided by the Board, to having completed a minimum of 400 hours of current practice with the last 24 calendar months in the APRN role and population focus area for which the applicant is applying, unless the applicant has completed an APRN education program in the advanced practice role and population focus area within the last 24 calendar months.(A) If less than four years, but more than two years, have lapsed since completion of the APRN education program, and/or the applicant does not have 400 hours of current practice in the APRN role and population focus area during the previous 24 calendar months, the APRN shall be required to demonstrate proof of completion of 400 hours of current practice obtained under the direct supervision of a qualified preceptor who meets the requirements of §221.10 of this chapter (relating to Reactivation or Reinstatement of APRN Licensure).(B) If more than four years have lapsed since completion of the APRN education program, and/or the applicant has not practiced in the APRN role during the previous four years, the applicant shall successfully complete a refresher course or extensive orientation in the appropriate APRN role and population focus area that includes a supervised clinical component by a qualified preceptor who meets the requirements of §221.10 of this chapter.(i) The course(s)/orientation shall be of sufficient length to satisfy the learning needs of the applicant and to assure that he/she meets the minimum standard for safe, competent care and include a minimum of 400 hours of current practice as described in this paragraph. The course(s)/orientation shall cover the entire scope of the authorized APRN role and population focus area. Content shall comply with the requirements specified in the form titled \"Requirements for APRN Refresher Course or Extensive Orientation\", which is adopted by reference in §221.10 of this chapter.(ii) The preceptor must provide written verification of satisfactory completion of the refresher course/extensive orientation on forms provided by the Board and assurance that the individual has reviewed current practice-related information pertinent to his/her APRN role and population focus area.(9) An applicant must attest, on forms provided by the Board, to having obtained 20 contact hours of continuing education within the last 24 calendar months appropriate for the APRN role and population focus area for which the applicant is applying. Continuing education in the APRN role and population focus area must meet the requirements of Chapter 216 of this title (relating to Continuing Competency). The 20 contact hours required for RN licensure may be met by the 20 hours required by this paragraph.(10) APRN applicants who wish to practice in more than one role and/or population focus area shall complete additional education in the desired area(s) of licensure in compliance with the education requirements set forth in this chapter and meet all requirements for licensure in each additional role or population focus area. To apply for licensure for more than one role and/or population focus area, the applicant shall submit a separate application and fee for each desired role and/or population focus area. Additional licensure is required for those licensed APRNs seeking to iclude an additional:(A) APRN role and population focus area;(B) Population focus area within the same APRN role; or(C) APRN role within the same population focus area.(b) Licensure of an Internationally Educated APRN.(1) An internationally educated applicant for licensure as an APRN in Texas shall:(A) Graduate from a graduate or post-graduate level APRN education program equivalent to an APRN education program in the United States that is accepted by the Board. All curricular requirements set forth in this rule must be met.(B) Submit documentation through an official transcript directly from the international nursing education program and an original Credential Evaluation Service (CES) Full Education course-by-course report, sent directly from an approved organization for the license being sought.(2) An internationally educated APRN applicant shall meet all other licensure criteria required of applicants educated in the United States.(c) Application for Licensure by Endorsement.(1) An applicant for licensure by endorsement as an APRN in this state shall submit to the Board the required fee as specified in §223.1 of this title, verification of licensure or privilege to practice as a registered nurse in Texas, and a completed APRN application that provides the following information:(A) Graduation from a graduate or post-graduate level APRN education program, as evidenced by an official transcript or other official documentation received directly from a graduate program accredited by a nursing accrediting body that is recognized by the U.S. Secretary of Education and/or Council for Higher Education Accreditation, or its successor organization, as acceptable by the Board.(B) Documentation of education shall verify the date of graduation; credential conferred; number of clinical hours completed; completion of three separate graduate level courses in advanced physiology and pathophysiology, advanced health assessment, and advanced pharmacology that includes pharmacodynamics, pharmacokinetics, and pharmacotherapeutics of all broad categories of agents; role and population focus area of the education program; and evidence of meeting the standards of nursing education in this rule.(2) An applicant must provide evidence of current certification by a national certifying body in the APRN role and population focus area appropriate to the APRN educational preparation. National certifications accepted for APRN licensure shall meet the requirements for national certification programs set forth in this rule. Primary source verification of certification is required.(3) An applicant must attest, on forms provided by the Board, to having completed a minimum of 400 hours of current practice within the last 24 calendar months in the APRN role and population focus area for which the applicant is applying, unless the applicant has completed an APRN education program in the APRN role and population focus area within the last 24 calendar months.(A) If the applicant has not been in clinical practice in the APRN role and population focus area for at least 400 hours within the past two years, the applicant shall provide evidence of:(i) Satisfactory completion of 20 contact hours of continuing education within the two years prior to applying for licensure; and(ii) If less than four years but more than two years have lapsed since completion of the APRN education program and/or the applicant does not have 400 hours of current practice in the APRN and population focus area during the previous 24 calendar months, the APRN shall be required to demonstrate proof of completion of 400 hours of current practice obtained under the direct supervision of a qualified preceptor who meets the requirements of §221.10 of this chapter.(B) If the applicant has not been in clinical practice for more than the past four years, the applicant shall provide evidence of satisfactory completion of 45 contact hours of pharmacotherapeutics within the two years prior to application. The applicant must also successfully complete a refresher course or an extensive orientation in the appropriate APRN role and population focus area that includes a supervised clinical component by a qualified preceptor who meets the requirements of §221.10 of this chapter.(C) The course(s)/orientation shall be of sufficient length to satisfy the learning needs of the applicant and to assure that he/she meets the minimum standard for safe, competent care and include a minimum of 400 hours of current practice as described in this paragraph. The course(s)/orientation shall cover the entire scope of the authorized APRN role and population focus area. Content shall comply with the requirements specified in the form titled \"Requirements for APRN Refresher Course or Extensive Orientation\", which is adopted by reference in §221.10 of this chapter.(D) The preceptor must provide written verification of satisfactory completion of the refresher course/extensive orientation on forms provided by the Board and assurance that the individual has reviewed current practice-related information pertinent to his/her APRN role and population focus area.(4) Identification of any state, territory, or country in which the applicant holds a professional license or credential, if applicable, must be provided. Required information includes:(A) The number, type, and status of the license or credential; and(B) The original state or country of licensure or credentialing.(5) An applicant must provide the date and jurisdiction the applicant previously applied for a license in another jurisdiction and either was denied a license, withdrew the application, or allowed the application to expire, as applicable.(6) An applicant must provide a detailed explanation and supporting documentation for each affirmative answer to questions regarding the applicant's eligibility for licensure.(7) An individual who has reason to believe that he or she may be ineligible for APRN licensure or prescriptive authorization may petition the Board for a declaratory order as to his or her eligibility by submitting a petition, on forms provided by the Board, and the fee required in §223.1 of this title (relating to Fees).(A) The petition shall include:(i) a statement by the individual indicating the reason(s) and basis of his/her potential ineligibility;(ii) if the potential ineligibility is due to the individual's criminal history, all court documents, including, but not limited to: indictments, agreements for pre-trial diversion or deferred prosecution, orders of deferred adjudication, judgments, probation records, and evidence of completion of probation, as applicable;(iii) if the potential ineligibility is due to the individual's mental health condition or diminished capacity, verifiable and reliable evidence of controlled behavior and consistent compliance with recommended treatment, including compliance with a prescribed medication regime, for a reasonable amount of time, as applicable;(iv) if the potential ineligibility is due to the individual's substance use disorder and/or the abuse/misuse of alcohol or drugs, verifiable and reliable evidence of sobriety and abstinence from drugs and alcohol, which may include evidence of the completion of inpatient, outpatient, or aftercare treatment, random drug screens, individual or group therapy, and/or support group attendance; and(v) an evaluation that meets the criteria of the Occupations Code §301.4521 and §213.33 of this chapter (relating to Factors Considered for Imposition of Penalties/Sanctions), if applicable.(B) Once the Board has received all necessary information, including the information required by subparagraph (A) of this paragraph, an investigation shall be conducted. The investigation will be based upon an evaluation of the individualized factors of the case, the potential risk of harm the individual's practice may pose to patients/clients and/or the public, and the individual's ability to meet the requirements of §213.27 (relating to Good Professional Character), §213.28 (relating to Licensure of Individuals with Criminal History), and §213.29 (relating to Fitness to Practice) of this title, as applicable. Based upon the individualized facts of the case, the Board may approve licensure or prescriptive authorization without encumbrance, impose probationary conditions or restrictions on the individual's ability to practice advanced practice nursing in this state, or limit or deny licensure or prescriptive authorization.(C) If the Executive Director proposes to find the individual ineligible for licensure or prescriptive authorization, the individual may obtain a hearing before the State Office of Administrative Hearings (SOAH). The Executive Director shall have discretion to set a hearing and give notice of the hearing. The hearing shall be conducted in accordance with §213.22 of this title (relating to Formal Proceedings) and the rules of SOAH. When in conflict, SOAH's rules of procedure will prevail. The decision of the Board shall be rendered in accordance with §213.23 of this title (relating to Decision of the Board).(D) An individual whose petition is denied may re-petition or seek licensure or prescriptive authorization after the expiration of one year from the date of the proposal to deny eligibility.(8) APRN applicants who wish to practice in more than one role and/or population focus area shall complete additional education in the desired area(s) of licensure in compliance with the educational requirements set forth in this chapter and meet all requirements for licensure in each additional role or population focus area. To apply for licensure for more than one role and/or population focus area, the applicant shall submit a separate application and fee for each desired role and/or population focus area. Addition licensure is required for those licensed APRNs seeking to include an additional:(A) APRN role and population focus area;(B) Population focus area within the same APRN role; or(C) APRN role within the same population focus area.", "sourceNote": "Source Note: The provisions of this §221.4 adopted to be effective February 27, 2019, 44 TexReg 833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194152", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.5", "label": "Acceptable certification examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152198", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board shall determine whether a certification examination may be used to satisfy a requirement for APRN licensure under this chapter based upon the following standards:(1) The certification program is national in the scope of its credentialing;(2) Conditions for taking the certification examination are consistent with acceptable standards of the testing community and are intended to ensure minimal competence to practice at an advanced level of nursing;(3) Education requirements are consistent with the requirements of the APRN role and population focus area;(4) The standard methodologies used are acceptable to the testing community, such as incumbent job analysis studies and logical job analysis studies;(5) Certification examinations are accredited by a national accreditation body as acceptable by the Board;(6) The examination represents entry-level practice, with minimum, though critical competencies in the APRN role and population focus area;(7) The examination represents the knowledge, skills, and abilities essential for the delivery of safe and effective advanced nursing care to patients;(8) Examination items are reviewed for content validity, cultural bias, and correct scoring using an established mechanism, both before use and periodically;(9) Examinations are evaluated for psychometric performance;(10) The passing standard is established using acceptable psychometric methods and is re-evaluated periodically;(11) Examination security is maintained through established procedures;(12) Certification is issued based upon passing the examination and meeting all other certification requirements;(13) A retake policy is in place;(14) A certification maintenance/recertification program that includes review of qualifications and continued competence is in place;(15) Mechanisms are in place for communication to the Board of timely verification of an individual's certification status, changes in certification status, and changes in the certification program, including qualifications, test plan, and scope of practice; and(16) An evaluation process is in place to provide quality assurance in the certification program.", "sourceNote": "Source Note: The provisions of this §221.5 adopted to be effective February 27, 2019, 44 TexReg 833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152198&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152198", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.6", "label": "Interim Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194153", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Interim approval is a time-limited permit to practice nursing in a specific advanced practice role and population-focus area. The Board may grant interim approval to eligible advanced practice registered nurse applicants.(b) Interim approval permits the advanced practice registered nurse applicant to practice without prescriptive authority while the application is reviewed.(1) The advanced practice registered nurse applicant who meets all requirements and applies for interim approval must complete documents provided by the Board attesting that:(A) He/She meets all requirements for full licensure in an advanced practice registered nurse role and population-focus area in the state of Texas; and(B) Has completed and submitted the appropriate documents to the advanced practice nursing educational program or designated organization for completion.(2) Unless otherwise indicated in this chapter, evidence of current national certification in the advanced practice role and population focus area shall be provided before interim approval may be granted.(3) Interim approval may be granted for a period of up to 120 days. An eligible applicant may be granted interim approval one time only per role and population-focus area. Extensions or renewals of the interim approval period shall not be granted.(c) An advanced practice registered nurse applicant who submits a request for waiver from the requirements for licensure set forth in this chapter shall not be eligible for interim approval unless otherwise indicated in this chapter.(d) If an advanced practice registered nurse applicant is deemed ineligible for licensure, the interim approval will be rescinded immediately, effective on the date the notice is sent by mail. The applicant must cease practicing as an advanced practice registered nurse and may no longer use any titles that imply to the public that he/she is an advanced practice registered nurse.", "sourceNote": "Source Note: The provisions of this §221.6 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective November 23, 2008, 33 TexReg 9237; amended to be effective July 26, 2011, 36 TexReg 4665." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194153", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.7", "label": "Petitions for Waiver and Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194154", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A registered nurse who submits a request for waiver from requirements of this rule must submit documentation as required by the Board to support his or her petition and assure the Board that he or she possesses the knowledge, skills, and abilities appropriate for the role and population focus area of licensure desired. Those petitioners who are under investigation or current Board order are not eligible for waiver.(b) Petitions for waiver from the program accreditation requirements set forth in this chapter may be granted by the Board for individuals who completed their APRN programs before January 1, 1996. Petitioners must meet the length of academic program requirements set forth in this chapter and provide evidence of current national certification in the APRN role and population focus area.(c) Petitions for waiver from the current certification requirements of this chapter may be granted by the Board as follows;(1) Applicants who completed their APRN education programs prior to January 1, 1996 may be granted an exemption from the national certification requirement, provided the program was accredited by a national nursing education accrediting body that is recognized by the Board and the U.S. Secretary of Education and/or the Council for Higher Education Accreditation (CHEA), or its successor organization, as acceptable to the Board at the time the applicant completed the program.(2) Under this section, only those petitioners who completed their APRN education program on or after January 1, 1996 for whom no national certification examination within the advanced role and population focus area or a related advanced specialty exists will be considered for waiver by the Board. The Board reserved the right to determine an appropriate alternate national certification examination for licensure in those specialty areas for which no specific examination existed for the specialty area.(3) A written request for waiver of the national certification requirement must be submitted.(d) Waivers from the master's degree requirement may be granted to qualified certificate-prepared nurse-midwives and women's health care nurse practitioners who complete their APRN programs on or before December 31, 2006. Applicants must meet all other APRN education requirements as stated in this chapter.(1) Petitioners approved on the basis of this waiver shall be limited to providing APRN care within the geographical boundaries of the State of Texas. This shall not prevent the individual from utilizing Nurse Licensure Compact privileges to practice as a registered nurse.(2) The applicant must submit all required documentation necessary to demonstrate that the requirements (except for the master's degree) for licensure have been met.(3) The applicant must submit a written request for waiver of the master's degree requirement.(e) Exemptions granting authorization to utilize licensure titles not otherwise authorized by this chapter may be granted to qualified petitioners who completed their APRN education programs prior to the date specified. Petitioners must meet all other education and national certification requirements as stated in this chapter,(1) The following specialty titles may be considered for exemption for individuals who completed their APRN education program prior to January 1, 2010, but are not qualified to utilize a title authorized by this chapter:(A) Acute Care Clinical Nurse Specialist,(B) Critical Care Nurse Practitioner;(C) Cardiovascular Clinical Nurse Specialist;(D) Emergency Nurse Practitioner or Clinical Nurse Specialist;(E) Family Clinical Nurse Specialist;(F) Home Health Clinical Nurse Specialist;(G) Maternal (Parent)-Child Health Clinical Nurse Specialist (with or without subspecialization);(H) Oncology Nurse Practitioner or Clinical Nurse Specialist;(I) Pediatric Critical Care Nurse Practitioner;(J) Perinatal Nurse Practitioner or Clinical Nurse Specialist;(K) School Nurse Practitioner; and(L) Women's Health Clinical Nurse Specialist.(2) The following titles may be considered for exemption if the individual is not qualified to utilize a licensure title authorized by this chapter for qualified applicants who completed their APRN education programs prior to January 1, 2015:(A) Acute Care Adult Nurse Practitioner;(B) Adult Health Clinical Nurse Specialist;(C) Adult Nurse Practitioner;(D) Community Health Clinical Nurse Specialist;(E) Critical Care Clinical Nurse Specialist;(F) Gerontological Clinical Nurse Specialist; and(G) Gerontological Nurse Practitioner.(3) Those individuals licensed on the basis of this exemption shall be limited to providing advanced practice nursing care within the geographical boundaries of the State of Texas. This shall not prevent the individual from utilizing Nurse Licensure Compact privileges to function as a registered nurse.(4) The applicant must submit all required documentation necessary to demonstrate that all requirements for licensure have been met.(5) The applicant must submit a written request for exemption and indicate the desired title.(6) APRNs licensed on the basis of this exemption shall use the APRN title specified on the licensure document provided by the Board.(f) Exemptions from specific curricular requirements may be granted to otherwise qualified applicants based on the education requirements set forth in Board rules that were in effect at the time the applicants completed their APRN education programs.(g) Applicants who are endorsing APRN licensure in Texas and have practiced in the APRN role and population focus in another state for a minimum of 24 months following completion of the APRN education program who are required to take a single academic course in order to meet the education requirements for Texas licensure may be issued a six-month temporary permit as specified in §221.10 of this chapter to practice in a limited capacity while completing the academic course.(1) Only those applicants who need to complete a dedicated, graduate-level course in advanced health assessment, advanced physiology and pathophysiology, or advanced pharmacotherapeutics may be considered for a permit. If more than one course is required, the applicant shall not be eligible for the permit.(2) Prescriptive authority shall not be granted to applicants who are granted limited authority to practice under this provision.(3) Applicants who practice under this provision shall practice under the supervision of a qualified preceptor who meets the requirements of §221.10 of this chapter.(4) The applicant must demonstrate that all other education and licensure requirements set forth in this chapter have been met before the six month temporary permit may be issued.(5) Six month temporary permits issued for this purpose may be issued one time only. Six month temporary permits issued for the purpose of completion of an academic course cannot be extended or renewed.(6) The APRN candidate shall submit:(A) an application for a six-month temporary permit as specified in §221.10 of this chapter to be used for completion of the requirements specified in this chapter; and(B) evidence of a current, valid license or privilege to practice as a registered nurse in the state of Texas.", "sourceNote": "Source Note: The provisions of this §221.7 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective May 15, 2005, 30 TexReg 2668; amended to be effective February 27, 2019, 44 TexReg 833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194154&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194154", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.8", "label": "APRN Licensure Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194155", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In conjunction with Texas RN license renewal or at least on a biennial basis, an applicant for license renewal as an APRN shall submit to the Board the required nonrefundable fee for license renewal as specified in §223.1 of this title and a completed license renewal application.(1) An applicant must provide a detailed explanation and supporting documentation for each affirmative answer to questions regarding the applicant's eligibility for licensure.(2) An applicant must attest on forms provided by the Board to maintaining current national certification or recertification as applicable by the national professional certification organization that meets the requirements set forth in this rule and is recognized by the Board. This requirement shall apply to APRNs who:(A) completed an APRN education program on or after January 1, 1996; or(B) were licensed as APRNs based upon obtaining national certification.(3) An applicant must attest, on forms provided by the Board, to having a minimum of 400 hours of current practice within the preceding biennium.(4) An applicant must attest, on forms provided by the Board, to being in compliance with the requirements of Chapter 216 and Chapter 222 of this title, where applicable.(b) Failure to renew the registered nurse license or to provide the required fee and documentation for maintaining APRN licensure shall result in expiration of the APRN license and prescriptive authority, where applicable. The individual whose APRN license has expired may not practice as an APRN or use any titles to imply that he/she is an APRN.", "sourceNote": "Source Note: The provisions of this §221.8 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective February 27, 2019, 44 TexReg 833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194155", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.9", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194156", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An APRN may choose to change current APRN status to inactive status by providing a written request for such change. The APRN must meet the requirements of §217.9 of this title (relating to Inactive and Retired Status) in order to place his/her license in inactive status.(b) Inactive APRN status means that the registered nurse may not practice in the APRN role and may not hold himself/herself out to be an APRN by using any titles which imply that he/she is an APRN. Prescriptive authority shall be placed on inactive status concurrent with inactivation of the APRN license.", "sourceNote": "Source Note: The provisions of this §221.9 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective February 27, 2019, 44 TexReg 833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194156", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.10", "label": "Reactivation or Reinstatement of APRN Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212394", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To reactivate a license that has expired due to non-renewal, the APRN shall meet the requirements for APRN licensure renewal and pay all required fees.(b) If more than two years, but less than four years, have lapsed since completion of the APRN education program, and/or the applicant does not have 400 hours of current practice in the advanced role and population focus area during the previous biennium, the APRN shall meet the requirements for application for APRN licensure renewal and pay all required fees. The applicant shall be required to demonstrate proof of completion of 400 hours of current practice in the APRN role and population focus area, as well as the continuing competency requirement as outlined in Chapter 216 of this title. The 400 hours of current practice shall be obtained under the direct supervision of a qualified preceptor who meets the requirements of subsection (c)(1)(C) of this section.(c) If more than four years have lapsed since completion of the APRN education program and/or the applicant has not practiced in the advanced role and population focus area during the previous four years, the applicant shall apply for reactivation, meet current requirements for APRN licensure renewal; and(1) successfully complete a refresher course or extensive orientation in the appropriate APRN population focus area and role that includes a supervised clinical component by a qualified preceptor who meets the requirements of subparagraph (C) of this paragraph.(A) The course(s)/orientation shall be of sufficient length to satisfy the learning needs of the inactive APRN and to assure that he/she meets the minimum standard for safe, competent care. The course(s)/orientation shall cover the entire scope of the role and population focus area of licensure. Content shall comply with the requirements specified in the form titled \"Requirements for APRN Refresher Course or Extensive Orientation\", which is adopted by reference in paragraph (2) of this subsection and shall include satisfactory completion of 45 contact hours of pharmacotherapeutics.(B) The preceptor must provide written verification of satisfactory completion of the course/orientation on forms provided by the Board and assurance that the individual has reviewed current practice-related information pertinent to his/her advanced role and population focus area.(C) A preceptor must meet the following requirements:(i) Holds an active, license as an APRN or physician that is not encumbered by a disciplinary order at a level that would prevent appropriate supervision and instruction;(ii) Practices in a comparable practice focus area; and(iii) Functions as a supervisor and teacher and evaluates the individual's performance in the clinical setting.(2) The Board adopts by reference the form titled \"Refresher Course/ Extensive Orientation for APRNs returning to practice after 4 years\" that comprises the instructions and requirements for a refresher course or extensive orientation in an APRN role and population focus area. This form is available on the Board's website.(d) An APRN who has not completed an APRN education program in the last 24 calendar months and has not practiced in the APRN role and population focus area in Texas or another jurisdiction within the last 24 calendar months shall apply for a six-month temporary permit as specified in paragraph (5) of this subsection to be used only for the completion of the current practice hours required for reinstatement of the APRN license.(1) The APRN applicant shall submit:(A) an application for a six-month temporary permit as specified in paragraph (5) of this subsection to be used for completion of the requirements specified in this chapter; and(B) evidence of a current, valid license or privilege to practice as a registered nurse in the state of Texas.(2) The six-month temporary permit for APRNs shall not include prescriptive authority.(3) The APRN applicant who is completing practice hours on a six-month temporary permit shall use the appropriate APRN licensure credential, followed by the notation \"permit\".(4) The APRN applicant who is completing practice hours on a six-month temporary permit shall practice under the supervision of a qualified preceptor who meets the requirements of subsection (c)(1)(C) of this section.(5) The Board adopts by reference the form titled Application for Six Month Temporary Permit (APRN) that includes the requirements for completing supervised practice hours on a temporary permit. This form may be found on the Board's website.(e) For those individuals applying for licensure reinstatement following disciplinary action, compliance with all Board licensure requirements, as well as any specified requirements set forth in the Board's disciplinary order, is required. A six-month temporary permit may be issued, as appropriate, while a license is encumbered under a disciplinary order.", "sourceNote": "Source Note: The provisions of this §221.10 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective February 27, 2019, 44 TexReg 833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212394", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.12", "label": "Scope of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85023", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Advanced practice registered nurses (APRNs) practice in a variety of settings and provide a broad range of health care services to a variety of patient populations within their Board authorized role and population focus area.(b) APRNs may only perform those functions that are within their Board authorized professional and individual scopes of practice for their role and population focus area and that are consistent with the Nursing Practice Act, Board rules, and other applicable laws and regulations affecting their practice in Texas.(c) In determining whether a particular action falls within an APRN's authorized professional and/or individual scope of practice, the following factors will be considered:(1) Whether the APRN received training regarding the performance of the particular action in his/her advanced educational program;(2) Whether the action falls within generally acceptable standards of care appropriate for the APRN's role and population focus area, as determined by a professional specialty organization;(3) Whether the APRN has demonstrable clinical competence and/or clinical experience in performing the action in the role of an APRN, obtained through supervision and/or training by a qualified practitioner;(4) Whether the APRN has been credentialed by a health care facility's credentialing body and/or holds a privilege to perform the action at a health care facility;(5) Whether the APRN has completed additional training for the specific action being performed. Additional training means education obtained by the APRN post-APRN licensure in his/her role and population focus area that is adequate for the action being performed by the APRN.(A) To determine whether the additional training obtained by an APRN is adequate for the action being performed by the APRN, the following factors will be considered:(i) the type of instruction provided, by way of example, and not limitation, online instruction; in-person instruction; didactic instruction; or clinical instruction;(ii) the learning objectives, content, materials, and methods for evaluating participation contained in the training curriculum;(iii) the length and/or quantity of the training;(iv) the qualifications of the person/entity providing the training;(v) whether the training has been certified or recognized by a professional specialty organization for the APRN's role and population focus area;(vi) whether the training is consistent with evidence-based practice;(vii) whether the training is sponsored by an educational institution, such as a formal fellowship or precepted experience; and(viii) whether the training is provided by an entity in conjunction with the use of the entity's product, drug, or medical apparatus/equipment.(B) All training must include a method of objective, verifiable participant competency following completion of the training.(d) It is the responsibility of the APRN to maintain records of all completed training and competencies.(e) An APRN is not prohibited from providing nursing care within the scope of practice of a registered nurse.(f) Nothing in this section shall be construed to authorize an APRN to practice in a role or population focus area for which the APRN has not been licensed.(g) An action that is determined to have been committed outside an APRN's authorized scope of practice may subject the APRN to discipline.", "sourceNote": "Source Note: The provisions of this §221.12 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective February 14, 2023, 48 TexReg 671." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85023", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.13", "label": "Core Standards for Advanced Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205966", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The advanced practice nurse shall know and conform to the Texas Nursing Practice Act; current board rules, regulations, and standards of professional nursing; and all federal, state, and local laws, rules, and regulations affecting the advanced role and specialty area. When collaborating with other health care providers, the advanced practice nurse shall be accountable for knowledge of the statutes and rules relating to advanced practice nursing and function within the boundaries of the appropriate advanced practice category.(b) The advanced practice nurse shall practice within the advanced specialty and role appropriate to his/her advanced educational preparation.(c) The advanced practice nurse acts independently and/or in collaboration with the health team in the observation, assessment, diagnosis, intervention, evaluation, rehabilitation, care and counsel, and health teachings of persons who are ill, injured or infirm or experiencing changes in normal health processes; and in the promotion and maintenance of health or prevention of illness.(d) When providing medical aspects of care, advanced practice nurses shall utilize mechanisms which provide authority for that care. These mechanisms may include, but are not limited to, Protocols or other written authorization. This shall not be construed as requiring authority for nursing aspects of care.(1) Protocols or other written authorization shall promote the exercise of professional judgment by the advanced practice nurse commensurate with his/her education and experience. The degree of detail within protocols/policies/practice guidelines/clinical practice privileges may vary in relation to the complexity of the situations covered by such Protocols, the advanced specialty area of practice, the advanced educational preparation of the individual, and the experience level of the individual advanced practice nurse.(2) Protocols or other written authorization:(A) should be jointly developed by the advanced practice nurse and the appropriate physician(s),(B) shall be signed by both the advanced practice nurse and the physician(s),(C) shall be reviewed and re-signed at least annually,(D) shall be maintained in the practice setting of the advanced practice nurse, and(E) shall be made available as necessary to verify authority to provide medical aspects of care.(e) The advanced practice nurse shall retain professional accountability for advanced practice nursing care.", "sourceNote": "Source Note: The provisions of this §221.13 adopted to be effective February 25, 2001, 26 TexReg 1509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205966", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.14", "label": "Nurse-Midwives Providing Controlled Substances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85024", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In this section \"provide\" means to supply, for a term not to exceed 48 hours, one or more unit doses of a controlled substance for the immediate needs of a patient;(b) An advanced practice registered nurse recognized by the Board as a nurse-midwife may provide one or more unit doses of a controlled substance during intra-partum or immediate post-partum care subject to the following conditions:(1) Physician delegation of authority to provide controlled substances must be made through a physician's order, medical order, standing delegation order, prescriptive authority agreement, or protocol that requires adequate and documented availability for access to medical care. Delegation may not include the use of a prescription sticker or the use or issuance of an official prescription form or the authority to issue an electronic prescription under §481.075, Health and Safety Code;(2) The physician's orders, medical orders, standing delegation orders, prescriptive authority agreements, or protocols must require the reporting of or monitoring of each patient's progress, including complications of pregnancy and delivery and the administration and provision of controlled substances by the nurse-midwife to the patient;(3) Delegation is limited to seven nurse-midwives or physician assistants or their full-time equivalents and the designated facility at which the nurse-midwife or physician assistant provides care; and(4) The controlled substance must be supplied in a suitable container that is labeled in compliance with the applicable drug laws and must include:(A) the patient's name and address;(B) the drug to be provided;(C) the name, address, and telephone number of the physician;(D) the name, address, and telephone number of the nurse-midwife; and(E) the date.", "sourceNote": "Source Note: The provisions of this §221.14 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective August 24, 2021, 46 TexReg 5187." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85024", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.15", "label": "Provision of Anesthesia Services by Nurse Anesthetists in Licensed Hospitals or Ambulatory Surgical Centers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85025", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In a licensed hospital or ambulatory surgical center, consistent with facility policy or medical staff bylaws, a nurse anesthetist may select, obtain, and administer drugs including determination of appropriate dosages, techniques and medical devices for their administration and in maintaining the patient in sound physiologic status pursuant to a physician's order for anesthesia or an anesthesia-related service. This order need not be drug specific, dosage specific, or administration-technique specific.(b) Pursuant to a physician's order for anesthesia or an anesthesia-related service, the nurse anesthetist may order anesthesia-related medications during perianesthesia periods in the preparation for or recovery from anesthesia. Another RN may carry out these orders.(c) In providing anesthesia or an anesthesia-related service, the nurse anesthetist shall select, order, obtain and administer drugs which fall within categories of drugs generally utilized for anesthesia or anesthesia-related services and provide the concomitant care required to maintain the patient in sound physiologic status during those experiences.", "sourceNote": "Source Note: The provisions of this §221.15 adopted to be effective February 25, 2001, 26 TexReg 1509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85025", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.16", "label": "Provision of Anesthesia Services by Nurse Anesthetists in Outpatient Settings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "85026", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of these rules is to identify the roles, and responsibilities of certified registered nurse anesthetists authorized to provide anesthesia services in outpatient settings and to provide the minimum acceptable standards for the provision of anesthesia services in outpatient settings. (1) On or after August 31, 2000 certified registered nurse anesthetists shall comply with subsections (b)(2)-(e) of this section in order to be authorized to provide general anesthesia, regional anesthesia, or monitored anesthesia care in outpatient settings. This requirement shall include certified registered nurse anesthetists administering any inhaled anesthetic agents, including, but not limited to, nitrous oxide, due to the significant variability in patient response to such drugs. (2) Subsections (b)(2)-(e) of this section do not apply to the registered nurse anesthetist who practices in the following: (A) an outpatient setting in which only local anesthesia, peripheral nerve blocks, or both are used; (B) an outpatient setting in which only anxiolytics and analgesics are used and only in doses that do not have the probability of placing the patient at risk for loss of the patient's life-preserving protective reflexes; (C) a licensed hospital, including an outpatient facility of the hospital that is separately located apart from the hospital; (D) a licensed ambulatory surgical center; (E) a clinic located on land recognized as tribal land by the federal government and maintained or operated by a federally recognized Indian tribe or tribal organization as listed by the United States secretary of the interior under 25 U.S.C. Section 479-1 or as listed under a successor federal statute or regulation (F) a facility maintained or operated by a state or governmental entity; (G) a clinic directly maintained or operated by the United States or by any of its departments, officers, or agencies; and (H) an outpatient setting accredited by (i) the Joint Commission on Accreditation of Healthcare Organizations relating to ambulatory surgical centers; (ii) the American Association for the Accreditation of Ambulatory Surgery Facilities, (iii) the Accreditation Association for Ambulatory Health Care. (b) Roles and Responsibilities (1) Certified registered nurse anesthetists shall follow current, applicable standards and guidelines as put forth by the American Association of Nurse Anesthetists (AANA) and other relevant national standards regarding the practice of nurse anesthesia as adopted by the AANA or the Board. (2) Certified registered nurse anesthetists shall comply with all building, fire, and safety codes. A two-way communication source not dependent on electrical current shall be available. Each location should have sufficient electrical outlets to satisfy anesthesia machine and monitoring equipment requirements, including clearly labeled outlets connected to an emergency power supply. Sites shall also have a secondary power source as appropriate for equipment in use in case of power failure. (3) In an outpatient setting, where a physician has delegated to a certified registered nurse anesthetist the ordering of drugs and devices necessary for the nurse anesthetist to administer an anesthetic or an anesthesia-related service ordered by a physician, a certified registered nurse anesthetist may select, obtain and administer drugs, including determination of appropriate dosages, techniques and medical devices for their administration and in maintaining the patient in sound physiologic status. This order need not be drug-specific, dosage specific, or administration-technique specific. Pursuant to a physician's order for anesthesia or an anesthesia-related service, the certified registered nurse anesthetist may order anesthesia-related medications during perianesthesia periods in the preparation for or recovery from anesthesia. In providing anesthesia or an anesthesia-related service, the certified registered nurse anesthetist shall select, order, obtain and administer drugs which fall within categories of drugs generally utilized for anesthesia or anesthesia-related services and provide the concomitant care required to maintain the patient in sound physiologic status during those experiences. (c) Standards (1) The certified registered nurse anesthetist shall perform a pre-anesthetic assessment, counsel the patient, and prepare the patient for anesthesia per current AANA standards. Informed consent for the planned anesthetic intervention shall be obtained from the patient/legal guardian and maintained as part of the medical record. The consent must include explanation of the technique, expected results, and potential risks/complications. Appropriate pre-anesthesia diagnostic testing and consults shall be obtained per indications and assessment findings. (2) Physiologic monitoring of the patient shall be determined by the type of anesthesia and individual patient needs. Minimum monitoring shall include continuous monitoring of ventilation, oxygenation, and cardiovascular status. Monitors shall include, but not be limited to, pulse oximetry and EKG continuously and non-invasive blood pressure to be measured at least every five minutes. If general anesthesia is utilized, then an O 2 analyzer and end-tidal CO2 analyzer must also be used. A means to measure temperature shall be readily available and utilized for continuous monitoring when indicated per current AANA standards. An audible signal alarm device capable of detecting disconnection of any component of the breathing system shall be utilized. The patient shall be monitored continuously throughout the duration of the procedure by the certified registered nurse anesthetist. Postoperatively, the patient shall be evaluated by continuous monitoring and clinical observation until stable by a licensed health care provider. Monitoring and observations shall be documented per current AANA standards. In the event of an electrical outage which disrupts the capability to continuously monitor all specified patient parameters, at a minimum, heart rate and breath sounds will be monitored on a continuous basis using a precordial stethoscope or similar device, and blood pressure measurements will be reestablished using a non-electrical blood pressure measuring device until electricity is restored. (3) All anesthesia-related equipment and monitors shall be maintained to current operating room standards. All devices shall have regular service/maintenance checks at least annually or per manufacturer recommendations. Service/maintenance checks shall be performed by appropriately qualified biomedical personnel. Prior to the administration of anesthesia, all equipment/monitors shall be checked using the current FDA recommendations as a guideline. Records of equipment checks shall be maintained in a separate, dedicated log which must be made available upon request. Documentation of any criteria deemed to be substandard shall include a clear description of the problem and the intervention. If equipment is utilized despite the problem, documentation must clearly indicate that patient safety is not in jeopardy. All documentation relating to equipment shall be maintained for a period of time as determined by board guidelines. (4) Each location must have emergency supplies immediately available. Supplies should include emergency drugs and equipment appropriate for the purpose of cardiopulmonary resuscitation. This must include a defibrillator, difficult airway equipment, and drugs and equipment necessary for the treatment of malignant hyperthermia if \"triggering agents\" associated with malignant hyperthermia are used or if the patient is at risk for malignant hyperthermia. Equipment shall be appropriately sized for the patient population being served. Resources for determining appropriate drug dosages shall be readily available. The emergency supplies shall be maintained and inspected by qualified personnel for presence and function of all appropriate equipment and drugs at intervals established by protocol to ensure that equipment is functional and present, drugs are not expired, and office personnel are familiar with equipment and supplies. Records of emergency supply checks shall be maintained in a separate, dedicated log and made available upon request. Records of emergency supply checks shall be maintained for a period of time as determined by board guidelines. (5) Certified registered nurse anesthetists shall maintain current competency in advanced cardiac life support and must demonstrate proof of continued competency upon re-registration with the Board. Competency in pediatric advanced life support shall be maintained for those certified registered nurse anesthetists whose practice includes pediatric patients. Certified registered nurse anesthetists shall verify that at least one person in the setting other than the person performing the operative procedure maintains current competency in basic life support (BLS) at a minimum. (6) Certified registered nurse anesthetists shall verify that the appropriate policies or procedures are in place. Policies, procedures, or protocols shall be evaluated and reviewed at least annually. Agreements with local emergency medical service (EMS) shall be in place for purposes of transfer of patients to the hospital in case of an emergency. EMS agreements shall be evaluated and re-signed at least annually. Policies, procedures, and transfer agreements shall be kept on file in the setting where procedures are performed and shall be made available upon request. Policies or procedures must include, but are not limited to: (A) Management of outpatient anesthesia-At a minimum, these must address: (i) Patient selection criteria (ii) Patients/providers with latex allergy (iii) Pediatric drug dosage calculations, where applicable (iv) ACLS algorithms (v) Infection control (vi) Documentation and tracking use of pharmaceuticals: including controlled substances, expired drugs and wasting of drugs (vii) Discharge criteria (B) Management of emergencies to include, but not be limited to: (i) Cardiopulmonary emergencies (ii) Fire (iii) Bomb threat (iv) Chemical spill (v) Natural disasters (vi) Power outage (C) EMS response and transport--Delineation of responsibilities of the certified registered nurse anesthetist and person performing the procedure upon arrival of EMS personnel. This policy should be developed jointly with EMS personnel to allow for greater accuracy. (D) Pursuant to §217.11(16) of this title (relating to Standards of Professional Nursing Practice), adverse reactions/events, including but not limited to those resulting in a patient's death intraoperatively or within the immediate postoperative period shall be reported in writing to the Board and other applicable agencies within 15 days. Immediate postoperative period shall be defined as 72 hours. (d) Registration. (1) Beginning April 1, 2000, each certified registered nurse anesthetist who intends to provide anesthesia services in an outpatient setting must register with the board and submit the required registration fee, which is non-refundable. The information provided on the registration form shall include, but not be limited to, the name and business address of each outpatient setting(s) and proof of current competency in advanced life support. (2) Registration as an outpatient anesthesia provider must be renewed and the registration renewal fee paid on a biennial basis, at the time of registered nurse licensure renewal. (e) Inspections and Advisory Opinions. (1) The Board may conduct on-site inspections of outpatient settings, including inspections of the equipment owned or leased by a certified registered nurse anesthetist and of documents that relate to provision of anesthesia in an outpatient setting, for the purpose of enforcing compliance with the minimum standards. Inspections may be conducted as an audit to determine compliance with the minimum standards or in response to a complaint. The Board may contract with another state agency or qualified person to conduct these inspections. Unless it would jeopardize an ongoing investigation, the board shall provide the certified registered nurse anesthetist at least five business days' notice before conducting an on-site inspection. (2) The Board may, at its discretion and on payment of a fee, conduct on-site inspections of outpatient settings in response to a request from a certified registered nurse anesthetist for an inspection and advisory opinion. (A) The Board may require a certified registered nurse anesthetist to submit and comply with a corrective action plan to remedy or address current or potential deficiencies with the nurse anesthetist's provision of anesthesia in an outpatient setting. (B) A certified registered nurse anesthetist who requests and relies on an advisory opinion of the board may use the opinion as mitigating evidence in an action or proceeding by the board to impose an administrative penalty or assess a monetary fine. The board shall take proof of reliance on an advisory opinion into consideration and mitigate the imposition of administrative penalties or the assessment of a monetary fine accordingly. (C) An advisory opinion issued by the board is not binding on the board and the board except as provided for in subsection (a) of this section, may take any action in relation to the situation addressed by the advisory opinion that the Board considers appropriate.", "sourceNote": "Source Note: The provisions of this §221.16 adopted to be effective February 25, 2001, 26 TexReg 1509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=85026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "85026", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "221", "label": "ADVANCED PRACTICE NURSES" }, "rule": { "number": "§221.17", "label": "Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164443", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may conduct an audit to determine compliance with §221.4 of this chapter (relating to Requirements for Full Authorization to Practice), §221.8 of this chapter (relating to Maintaining Active Authorization as an Advanced Practice Nurse), and §221.16 of this chapter (relating to Provision of Anesthesia Services by Nurse Anesthetists in Outpatient Settings).(b) Any nurse who violates the rules set forth in this chapter shall be subject to disciplinary action and/or termination of the authorization by the board under Texas Occupations Code, §301.452.", "sourceNote": "Source Note: The provisions of this §221.17 adopted to be effective February 25, 2001, 26 TexReg 1509." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164443", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164444", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: (1) Advanced health assessment--A course that offers content supported by related clinical experience such that students gain the knowledge and skills needed to perform comprehensive assessments to acquire data, make diagnoses of health status, and formulate effective clinical management plans. Content must include assessment of all human systems, advanced assessment techniques, concepts, and approaches. (2) Advanced Pharmacotherapeutics--A course that offers advanced content in pharmacokinetics, pharmacodynamics, pharmacotherapeutics of all broad categories of agents, and the application of drug therapy to the treatment of disease and/or the promotion of health. (3) Advanced Physiology and Pathophysiology--A dedicated, comprehensive, system-focused pathology course(s) that provides students with the knowledge and skills to analyze the relationship between normal physiology and pathological phenomena produced by altered states across the life span. (4) Advanced practice registered nurse (APRN)--As defined by §301.152, Occupations Code. The term includes an advanced nurse practitioner and advanced practice nurse. (5) Board--The Texas Board of Nursing. (6) Controlled Substance--As defined by §481.002, Health and Safety Code. (7) Dangerous Drug--As defined by §483.001, Health and Safety Code. (8) Device--As defined by §551.003, Occupations Code, and includes durable medical equipment. (9) Diagnosis and management course--A course offering both didactic and clinical content in clinical decision-making and aspects of medical diagnosis and medical management of diseases and conditions. Supervised clinical practice must include the opportunity to provide pharmacological and non-pharmacological management of diseases and conditions considered within the scope of practice of the APRN's population focus area and role. (10) Facility-based practice--A hospital, as defined by §157.051(6), Occupations Code, or a licensed long term care facility. A facility based practice does not include a freestanding clinic, center, or other medical practice associated with or owned or operated by a hospital or licensed long term care facility. (11) Health professional shortage area-- (A) An urban or rural area of this state that: (i) is not required to conform to the geographic boundaries of a political subdivision but is a rational area for the delivery of health services; (ii) the Secretary of Health and Human Services determines has a health professional shortage; and (iii) is not reasonably accessible to an adequately served area; (B) A population group that the Secretary of Health and Human Services determines has a health professional shortage; or (C) A public or non-profit private medical facility or other facility that the Secretary of Health and Human Services determines has a health profession shortage as described by 42 U.S.C. §254e(a)(1). (12) Hospital--A facility that: (A) is: (i) a general hospital or a special hospital, as those terms are defined by §241.003, Health and Safety Code, including a hospital maintained or operated by a state; or (ii) a mental hospital licensed under Chapter 577, Health and Safety Code; and (B) has an organized medical staff. (13) Medication order--As defined by §551.003, Occupations Code and §481.002, Health and Safety Code. (14) Non-prescription drug--As defined by §551.003, Occupations Code. (15) Physician group practice--An entity through which two or more physicians deliver health care to the public through the practice of medicine on a regular basis and that is: (A) owned and operated by two or more physicians; or (B) a freestanding clinic, center, or office of a non-profit health organization certified by the Texas Medical Board under §162.001(b), Occupations Code, that complies with the requirements of Chapter 162. (16) Population focus area--The section of the population with which the APRN has been licensed to practice by the Board. (17) Practice serving a medically under-served population-- (A) A practice in a health professional shortage area; (B) A clinic designated as a rural health clinic under 42 U.S.C.§1395x(aa); (C) A public health clinic or a family planning clinic under contract with the Health and Human Services Commission or the Department of State Health Services; (D) A clinic designated as a federally qualified health center under 42 U.S.C. §1396d(1)(2)(B); (E) A county, state, or federal correctional facility; (F) A practice: (i) that either: (I) is located in an area in which the Department of State Health Services determines there is an insufficient number of physicians providing services to eligible clients of federally, state, or locally funded health care programs; or (II) is a practice that the Department of State Health Services determines serves a disproportionate number of clients eligible to participate in federally, state, or locally funded health care programs; and (ii) for which the Department of State Health Services publishes notice of the department's determination in the Texas Register and provides an opportunity for public comment in the manner provided for a proposed rule under Chapter 2001, Government Code; or (G) A practice at which a physician was delegating prescriptive authority to an APRN or physician assistant on or before March 1, 2013, based on the practice qualifying as a site serving a medically under-served population. (18) Prescribe or order a drug or device--Prescribing or ordering a drug or device, including the issuing of a prescription drug order or a medication order. (19) Prescription drug--As defined by §551.003, Occupations Code. (20) Prescriptive authority agreement--An agreement entered into by a physician and an APRN or physician assistant through which the physician delegates to the APRN or physician assistant the act of prescribing or ordering a drug or device. (21) Protocols or other written authorization--Written authorization to provide medical aspects of patient care that are agreed upon and signed by the APRN and delegating physician, reviewed and signed at least annually, and maintained in the practice setting of the APRN. The term \"protocols or other written authorization\" is separate and distinct from a prescriptive authority agreement. However, a prescriptive authority agreement may reference or include the terms of a protocol or other written authorization. Protocols or other written authorization shall be defined to promote the exercise of professional judgment by the APRN commensurate with his/her education and experience. Such protocols or other written authorization need not describe the exact steps that the APRN must take with respect to each specific condition, disease, or symptom and may state types or categories of drugs or devices that may be prescribed or ordered rather than just list specific drugs or devices. (22) Shall and must--Mandatory requirements. (23) Should--A recommendation.", "sourceNote": "Source Note: The provisions of this §222.1 adopted to be effective November 20, 2013, 38 TexReg 8212." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164444", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.2", "label": "Approval for Prescriptive Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199338", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be issued a prescription authorization number to prescribe or order a drug or device, a registered nurse (RN) shall:(1) have full licensure from the Board to practice as an APRN. RNs with Interim Approval to practice as APRNs are not eligible for prescriptive authority; and(2) file a complete application for Prescriptive Authority and submit such evidence as required by the Board to verify successful completion of graduate level courses in advanced pharmacotherapeutics, advanced pathophysiology, advanced health assessment, and diagnosis and management of diseases and conditions within the role and population focus area.(A) Nurse Practitioners, Nurse-Midwives, and Nurse Anesthetists will be considered to have met the course requirements of this section on the basis of courses completed in the advanced practice nursing educational program.(B) Clinical Nurse Specialists shall submit documentation of successful completion of separate, dedicated, graduate level courses in the content areas described in paragraph (2) of this subsection. These courses shall be academic courses with a minimum of 45 clock hours per course from a nursing program accredited by an organization recognized by the Board.(C) Clinical Nurse Specialists who were previously approved by the Board as APRNs by petition on the basis of completion of a non-nursing master's degree shall not be eligible for prescriptive authority.(b) APRNs applying for prescriptive authority on the basis of endorsement of advanced practice licensure and prescriptive authority issued in another state must provide evidence that all education requirements for prescriptive authority in this state have been met.", "sourceNote": "Source Note: The provisions of this §222.2 adopted to be effective November 20, 2013, 38 TexReg 8212." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199338", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.3", "label": "Renewal of Prescriptive Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The APRN shall renew the privilege to sign prescription drug orders and medication orders in conjunction with the RN and advanced practice license renewal application.(b) The APRN seeking to maintain prescriptive authority shall attest, on forms provided by the Board, to completing at least five contact hours of continuing education in pharmacotherapeutics within the preceding biennium.(c) The continuing education requirements in subsection (b) of this section shall be in addition to continuing education required under Chapter 216 of this title (relating to Continuing Competency) for APRNs.", "sourceNote": "Source Note: The provisions of this §222.3 adopted to be effective November 20, 2013, 38 TexReg 8212; amended to be effective May 24, 2020, 45 TexReg 3298." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203915", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.4", "label": "Minimum Standards for Prescribing or Ordering Drugs and Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196803", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The APRN with full licensure and a valid prescription authorization number shall:(1) order or prescribe only those drugs or devices that are:(A) authorized by a prescriptive authority agreement or, if practicing in a facility-based practice, authorized by either a prescriptive authority agreement or protocols or other written authorization; and(B) ordered or prescribed for patient populations within the accepted scope of professional practice for the APRN's license; and(2) comply with the requirements for chart reviews specified in the prescriptive authority agreement and periodic face to face meetings set forth in the prescriptive authority agreement; or(3) comply with the requirements set forth in protocols or other written authorization if ordering or prescribing drugs or devices under facility-based protocols or other written authorization.(b) Prescription Information. The format and essential elements of a prescription drug order shall comply with the requirements of the Texas State Board of Pharmacy. The following information must be provided on each prescription:(1) the patient's name and address;(2) the name, strength, and quantity of the drug to be dispensed;(3) directions to the patient regarding taking of the drug and the dosage;(4) the intended use of the drug, if appropriate;(5) the name, address, and telephone number of the physician with whom the APRN has a prescriptive authority agreement or facility-based protocols or other written authorization;(6) address and telephone number of the site at which the prescription drug order was issued;(7) the date of issuance;(8) the number of refills permitted;(9) the name, prescription authorization number, and original signature of the APRN who authorized the prescription drug order; and(10) the United States Drug Enforcement Administration numbers of the APRN and the delegating physician, if the prescription drug order is for a controlled substance.(c) Waivers from Electronic Prescribing Requirements.(1) Beginning January 1, 2021, licensee prescribers must issue prescriptions for controlled substances electronically unless one of the circumstances specified in Tex. Health & Safety Code §481.0755(a) applies.(2) A licensee prescriber may request a waiver from the electronic prescribing requirements by submitting a waiver request to the Board that demonstrates the circumstances necessitating a waiver from the electronic prescribing requirements, including:(A) economic hardship, taking into account factors including:(i) any special situational factors affecting either the cost of compliance or ability to comply;(ii) the likely impact of compliance on profitability or viability; and(iii) the availability of measures that would mitigate the economic impact of compliance;(B) technological limitations not reasonably within the control of the licensee prescriber; and(C) other exceptional circumstances demonstrated in the waiver request.(3) A waiver may be granted for a period of one year. If circumstances that necessitated the waiver continue beyond that time period, a licensee prescriber may re-apply to the Board for a subsequent waiver no earlier than the 30th day prior to the expiration of the original waiver.(d) Generic Substitution. The APRN shall authorize or prevent generic substitution on a prescription in compliance with the current rules of the Texas State Board of Pharmacy relating to generic substitution.(e) An APRN may order or prescribe medications for sexually transmitted diseases for partners of an established patient, if the APRN assesses the patient and determines that the patient may have been infected with a sexually transmitted disease. Nothing in this subsection shall be construed to require the APRN to issue prescriptions for partners of patients.(f) APRNs may order or prescribe only those medications that are FDA approved unless done through protocol registration in a United States Institutional Review Board or Expanded Access authorized clinical trial. \"Off label\" use, or prescription of FDA-approved medications for uses other than that indicated by the FDA, is permitted when such practices are:(1) within the current standard of care for treatment of the disease or condition; and(2) supported by evidence-based research.(g) The APRN with full licensure and a valid prescriptive authorization number shall cooperate with representatives of the Board and the Texas Medical Board during an inspection and audit relating to the operation and implementation of a prescriptive authority agreement.", "sourceNote": "Source Note: The provisions of this §222.4 adopted to be effective November 20, 2013, 38 TexReg 8212; amended to be effective February 16, 2021, 46 TexReg 1062." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196803", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.5", "label": "Prescriptive Authority Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164448", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The prescriptive authority agreement is a mechanism by which an APRN is delegated the authority to order or prescribe drugs or devices by a physician.(b) An APRN with full licensure and a valid prescriptive authorization number and a physician are eligible to enter into or be parties to a prescriptive authority agreement only if the APRN:(1) holds an active license to practice in this state that is in good standing. For purposes of this chapter, an APRN is in good standing if the APRN's license and prescriptive authorization number are not encumbered by a disciplinary action;(2) is not currently prohibited by the Board from executing a prescriptive authority agreement; and(3) before executing the prescriptive authority agreement, the APRN and the physician disclose to the other prospective party to the agreement any prior disciplinary action by the applicable licensing board.(c) A prescriptive authority agreement must, at a minimum:(1) be in writing and signed and dated by the parties to the agreement;(2) state the name, address, and all professional license numbers of the parties to the agreement;(3) state the nature of the practice, practice locations, or practice settings;(4) identify either:(A) the types or categories of drugs or devices that may be ordered or prescribed; or(B) the types of categories of drugs or devices that may not be ordered or prescribed;(5) provide a general plan for addressing consultation and referral;(6) provide a plan for addressing patient emergencies;(7) state the general process for communication and the sharing of information between the APRN and the physician related to the care and treatment of patients;(8) if alternate physician supervision is to be utilized, designate one or more alternate physicians who may:(A) provide appropriate supervision on a temporary basis in accordance with the requirements established by the prescriptive authority agreement and the requirements of Chapter 157, Subchapter B, Occupations Code; and(B) participate in the prescriptive authority quality assurance and improvement plan meetings required under §157.0512, Occupations Code;(9) describe a prescriptive authority quality assurance and improvement plan and specify methods for documenting the implementation of the plan that includes the following:(A) chart review, with the number of charts to be reviewed determined by the APRN and physician; and(B) periodic meetings between the APRN and the physician.(d) The periodic meetings described by subsection (c)(9)(B) of this section must:(1) include:(A) the sharing of information relating to patient treatment and care, needed changes in patient care plans, and issues relating to referrals; and(B) discussion of patient care improvement;(2) be documented; and(3) take place at least once a month in a manner determined by the physician and the APRN.(e) Although a prescriptive authority agreement must include the information specified by this section, the agreement may include other provisions agreed to by the APRN and physician, including provisions that were previously contained in protocols or other written authorization.(f) The APRN shall participate in quality assurance meetings with an alternate physician if the alternate physician has been designated in the prescriptive authority agreement to conduct and document the meeting.(g) The prescriptive authority agreement is not required to describe the exact steps that an APRN must take with respect to each specific condition, disease, or symptom.(h) An APRN who is a party to a prescriptive authority agreement must retain a copy of the agreement until the second anniversary of the date the agreement is terminated.(i) A party to the prescriptive authority agreement may not by contract waive, void, or nullify any provision of this rule or §157.0512 or §157.0513, Occupations Code.(j) In the event that a party to a prescriptive authority agreement is notified that the individual has become the subject of an investigation by the respective licensing board, the individual shall immediately notify the other party to the prescriptive authority agreement.(k) The prescriptive authority agreement and any amendments must be reviewed at least annually, dated, and signed by the parties to the agreement. The prescriptive authority agreement shall be made available to the Board, the Texas Medical Board, or the Texas Physician Assistant Board not later than the third business day after the date of receipt of the request from the respective licensing board.(l) The prescriptive authority agreement should promote the exercise of professional judgment by the APRN commensurate with the APRN's education and experience and the relationship between the APRN and the physician.", "sourceNote": "Source Note: The provisions of this §222.5 adopted to be effective November 20, 2013, 38 TexReg 8212; amended to be effective October 17, 2019, 44 TexReg 5916." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164448", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.6", "label": "Prescribing at Facility-Based Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164449", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An APRN with full licensure and a valid prescriptive authorization number may order or prescribe a drug or device at a facility based practice pursuant to a prescriptive authority agreement or through protocols or other written authorization developed in accordance with facility medical staff policies.(1) If ordering or prescribing at a facility based practice pursuant to a prescriptive authority agreement, the APRN must maintain a prescriptive authority agreement that meets the requirements of §222.5 (relating to Prescriptive Authority Agreement) of this chapter.(2) If ordering or prescribing at a facility based practice pursuant to protocols or other written authorization developed in accordance with facility medical staff policies, the APRN must:(A) review the authorizing documents with the appropriate medical staff at least annually;(B) order or prescribe drugs and devices in a hospital based facility in which the delegating physician is the medical director, the chief of medical staff, the chair of the credentialing committee, or a department chair, or a physician who consents to the request of the medical director or chief of the medical staff to delegate;(C) order or prescribe drugs and devices in a long term care facility in which the delegating physician is the medical director; and(D) order or prescribe drugs and devices for the care or treatment of only those patients for whom physicians have given their prior consent.(b) Protocols or other written authorization is authorization to provide medical aspects of patient care that are agreed upon and signed by the APRN and the physician, reviewed and signed at least annually, and maintained in the practice setting of the APRN. Protocols or other written authorization shall be defined to promote the exercise of professional judgment by the APRN commensurate with his/her education and experience. Protocols or other written authorization need not describe the exact steps that the APRN must take with respect to each specific condition, disease, or symptom and may state types or categories of drugs or devices that may be ordered or prescribed.(c) A facility based physician may not be prohibited from delegating the prescribing or ordering of drugs or devices to an APRN under §157.0512, Occupations Code or §222.5 of this chapter at other practice locations, including hospitals or long term care facilities, provided that the delegation at those locations complies with all of the requirements of §157.0512 and §222.5 of this chapter.", "sourceNote": "Source Note: The provisions of this §222.6 adopted to be effective November 20, 2013, 38 TexReg 8212." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164449", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.7", "label": "Authority to Order and Prescribe Non-prescription Drugs, Dangerous Drugs, and Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193158", "queryAsDate": "03/11/2026" }, "ruleBody": "An APRN who has been issued full licensure and a valid prescription authorization number by the Board may order or prescribe non-prescription drugs, dangerous drugs, and devices, including durable medical equipment, in accordance with the standards and requirements set forth in this chapter. However, if the APRN wishes to also order or prescribe controlled substances, the APRN must also meet the additional requirements of §222.8 (relating to Authority to Order and Prescribe Controlled Substances) of this chapter.", "sourceNote": "Source Note: The provisions of this §222.7 adopted to be effective November 20, 2013, 38 TexReg 8212." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193158&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193158", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.8", "label": "Authority to Order and Prescribe Controlled Substances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164451", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) APRNs with full licensure and a valid prescription authorization number are eligible to obtain authority to order and prescribe certain categories of controlled substances. The APRN must comply with all federal and state laws and regulations relating to the ordering and prescribing of controlled substances in Texas, including but not limited to, requirements set forth by the United States Drug Enforcement Administration.(b) Orders and prescriptions for controlled substances in Schedules III through V may be authorized, provided the following criteria are met:(1) Prescriptions for a controlled substance in Schedules III through V, including a refill of the prescription, shall not exceed a 90 day supply. This requirement includes a prescription, either in the form of a new prescription or in the form of a refill, for the same controlled substance that a patient has been previously issued within the time period described by this subsection.(2) Beyond the initial 90 days, the refill of a prescription for a controlled substance in Schedules III through V shall not be authorized prior to consultation with the delegating physician and notation of the consultation in the patient's chart.(3) A prescription of a controlled substance in Schedules III through V shall not be authorized for a child less than two years of age prior to consultation with the delegating physician and notation of the consultation in the patient's chart.(c) Orders and prescriptions for controlled substances in Schedule II may be authorized only:(1) in a hospital facility-based practice, in accordance with policies approved by the hospital's medical staff or a committee of the hospital's medical staff as provided by the hospital's bylaws to ensure patient safety and as part of care provided to a patient who:(A) has been admitted to the hospital for an intended length of stay of 24 hours or greater; or(B) is receiving services in the emergency department of the hospital; or(2) as part of the plan of care for the treatment of a person who has executed a written certification of a terminal illness, has elected to receive hospice care, and is receiving hospice treatment from a qualified hospice provider.(d) Prescription Monitoring Program (PMP).(1) APRNs should access and review the prescription monitoring program (PMP) authorized by Chapter 481, Health and Safety Code, prior to prescribing any controlled substance for patients being treated for pain.(2) APRNs must access and review the PMP before prescribing opioids, benzodiazepines, barbiturates, or carisoprodol unless:(A) the patient has been diagnosed with cancer or the patient is receiving hospice care; and(B) the APRN clearly notes on the prescription or in the electronic prescription record that the patient was diagnosed with cancer or is receiving hospice care, as applicable.(3) An APRN will not be subject to disciplinary action if the APRN:(A) makes a good faith attempt to access and review the PMP prior to prescribing opioids, benzodiazepines, barbiturates, or carisoprodol, but is unable to access the information because of circumstances outside the control of the APRN; and(B) clearly notes on the patient's prescription or in the patient's electronic prescription record the APRN's attempt to access and review the PMP and the circumstances that prevented the APRN from being able to do so.(4) Documentation that the review of the PMP occurred and rationale for prescribing a controlled substance must be included in the patient's medical record.(5) This section takes effect September 1, 2019.", "sourceNote": "Source Note: The provisions of this §222.8 adopted to be effective November 20, 2013, 38 TexReg 8212; amended to be effective September 1, 2019, 43 TexReg 7462." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164451", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.9", "label": "Conditions for Obtaining and Distributing Drug Samples" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193159", "queryAsDate": "03/11/2026" }, "ruleBody": "The APRN with full licensure and a valid prescription authorization number may request, receive, possess, and distribute prescription drug samples provided:(1) all requirements for the APRN to order and prescribe medications and devices are met;(2) a prescriptive authority agreement or facility-based protocols or other written authorization authorizes the APRN to order and prescribe the medications and devices;(3) the samples are for only those drugs or devices that the APRN is eligible to order or prescribe in accordance with the standards and requirements set forth in this chapter; and(4) a record of the sample is maintained and samples are labeled as specified in the Dangerous Drug Act (Chapter 483, Health and Safety Code) or the Texas Controlled Substances Act (Chapter 481, Health and Safety Code) and 37 Texas Administrative Code Chapter 13.", "sourceNote": "Source Note: The provisions of this §222.9 adopted to be effective November 20, 2013, 38 TexReg 8212." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193159", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "222", "label": "ADVANCED PRACTICE REGISTERED NURSES WITH PRESCRIPTIVE AUTHORITY" }, "rule": { "number": "§222.10", "label": "Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207764", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any APRN who violates the sections of this rule or orders or prescribes in a manner that is not consistent with the standard of care shall be subject to removal of the authority to order or prescribe under this section and disciplinary action by the Board. Behaviors associated with ordering and prescribing medications for which the Board may impose disciplinary action include, but are not limited to:(1) ordering, prescribing, dispensing, or administering medications or devices for other than evidenced based therapeutic or prophylactic purposes that meet the minimum standards of care;(2) ordering, prescribing, or dispensing medications or devices for personal use;(3) failing to properly assess and document the assessment prior to ordering, prescribing, dispensing, or administering a medication or device;(4) selling, purchasing, trading, or offering to sell, purchase, or trade a prescription drug sample;(5) delegation of authority to any other person to order, prescribe, or dispense of an order or prescription for a drug or device; and(6) failing to access and review the prescription monitoring program (PMP) authorized by Chapter 481, Health and Safety Code, before prescribing opioids, benzodiazepines, barbiturates, or carisoprodol, unless a statutory exemption contained in that chapter has been documented. If an APRN has made a good faith effort to comply with the requirement and is unable to do so because of circumstances beyond the APRN's control, documentation of this effort shall be made on the patient's prescription or in the patient's electronic prescription record.(b) Failure to cooperate with a representative of the Board who conducts an onsite investigation may result in disciplinary action. Failure to cooperate with a representative of the Board or the Texas Medical Board who inspects and audits the practice relating to the implementation and operation of the prescriptive authority agreement may result in disciplinary action.(c) The Board shall immediately notify the Texas Medical Board and the Texas Physician Assistant Board:(1) when an APRN licensed by the Board becomes the subject of an investigation involving the delegation and supervision of prescriptive authority; and(2) upon the final disposition of an investigation involving an APRN licensed by the Board and the delegation and supervision of prescriptive authority.(d) Upon receipt of notice from the Texas Medical Board and/or the Texas Physician Assistant Board that a licensee of one of those boards is under investigation involving the delegation and supervision of prescriptive authority, the Board may open an investigation against an APRN who is a party to the prescriptive authority agreement with the licensee who is under investigation by the board that provided the notice.(e) The Board shall report to the United States Drug Enforcement Administration any of the following:(1) any significant changes in the status of the RN license or advanced practice license; or(2) disciplinary action impacting an APRN's ability to authorize or issue prescription drug orders and medication orders.(f) The practice of the APRN approved by the Board to order and prescribe is subject to monitoring by the Board on a periodic basis.(g) The Board shall maintain a list of APRNs who have been subject to a final adverse disciplinary action for an act involving the delegation and supervision of prescriptive authority.(h) The Board shall provide information to the public regarding APRNs who are prohibited from entering into or practicing under a prescriptive authority agreement.(i) This section takes effect September 1, 2019.", "sourceNote": "Source Note: The provisions of this §222.10 adopted to be effective November 20, 2013, 38 TexReg 8212; amended to be effective September 1, 2019, 43 TexReg 7462." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207764", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "223", "label": "FEES" }, "rule": { "number": "§223.1", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "122565", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Board of Nursing has established reasonable and necessary fees for the administration of its functions.(1) Examination: $50;(2) Endorsement: $125;(3) Licensure renewal (each biennium):(A) Registered Nurse (RN): $68;(B) Licensed Vocational Nurse (LVN): $45;(4) reactivating from inactive status:(A) less than four years--$10 plus current renewal fee;(B) more than four years--$20 plus current renewal fee;(5) late fee for reactivation from delinquent status:(A) less than 90 days--$60 plus current licensure renewal fee;(B) more than 90 days--$120 plus current licensure renewal fee;(6) approval of new nursing education programs: $2,500;(7) bad checks: $30;(8) Advanced Practice Nurse initial credentials: $100;(9) declaratory order of eligibility: $150;(10) eligibility determination: $150;(11) Advanced Practice Nurse renewal: $54;(12) Initial Prescriptive Authority: $50;(13) outpatient anesthesia registry renewal: $35;(14) outpatient anesthesia inspection and advisory opinion: $625;(15) fee for Federal Bureau of Investigations (FBI) and Department of Public Safety (DPS) criminal background check for licensees, initial licensure applicants and endorsement applicants as determined by fees imposed by the Criminal Justice Information Services (CJIS) Division and the Texas Department of Public Safety;(16) Disciplinary monitoring fees as stated in a Board order;(17) Nursing Jurisprudence Examination fee: not to exceed $25;(18) approval of remedial education course: $300 per course;(19) renewal of remedial education course: $100 per course;(20) approval of a nursing education program outside Texas' jurisdiction to conduct clinical learning experiences in Texas: $500; and(21) Prescriptive Authority Renewal Surcharge: Not to exceed $15.(b) All fees are non-refundable. More than one fee listed herein may apply in a given situation.", "sourceNote": "Source Note: The provisions of this §223.1 adopted to be effective August 11, 2005, 30 TexReg 4481; amended to be effective January 2, 2006, 30 TexReg 8882; amended to be effective September 25, 2007, 32 TexReg 6520; amended to be effective April 8, 2008, 33 TexReg 2820; amended to be effective June 24, 2008, 33 TexReg 4884; amended to be effective October 19, 2008, 33 TexReg 8512; amended to be effective May 14, 2009, 34 TexReg 2769; amended to be effective July 7, 2010, 35 TexReg 5832; amended to be effective August 11, 2011, 36 TexReg 4960; amended to be effective October 11, 2011, 36 TexReg 6766; amended to be effective October 1, 2013, 38 TexReg 6598; amended to be effective September 28, 2014, 39 TexReg 7737; amended tobe effective January 11, 2015, 40 TexReg 380; amended to be effective August 17, 2015, 40 TexReg 5152; amended to be effective December 27, 2015, 40 TexReg 9641; amended to be effective October 12, 2016, 41 TexReg 8067; amended to be effective September 13, 2017, 42 TexReg 4649; amended to be effective August 6, 2019, 44 TexReg 4048; amended to be effective February 15, 2021, 46 TexReg 1064; amended to be effective February 14, 2022, 47 TexReg 649." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "122565", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "223", "label": "FEES" }, "rule": { "number": "§223.2", "label": "Charges for Public Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171383", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Texas Government Code §552.262, the Board of Nurse Examiners will make copies of public records and charge the fees established by the Attorney General's Office.", "sourceNote": "Source Note: The provisions of this §223.2 adopted to be effective December 12, 1994, 19 TexReg 9492; amended to be effective July 5, 2004, 29 TexReg 6298; amended to be effective January 2, 2006, 30 TexReg 8882." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171383", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.1", "label": "Application of Chapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171384", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter applies to situations where:(1) the client has an acute health condition that is unstable or unpredictable; or(2) the client is in an acute care environment where nursing services are continuously provided. Settings include, but are not limited to, hospitals, rehabilitation centers, skilled nursing facilities, clinics, correctional health, private practice physician offices and settings that do not otherwise meet the definition of independent living environment {§225.4(9)}.", "sourceNote": "Source Note: The provisions of this §224.1 adopted to be effective February 19, 2003, 28 TexReg 1384; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171384", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.2", "label": "Exclusions from Chapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171385", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter does not apply to:(1) tasks provided in compliance with Government Code §531.051(e) relating to Consumer Direction of Certain Services for Persons With Disability and Elderly Persons; or(2) RNs who:(A) supervise or instruct others in the gratuitous nursing care of the sick;(B) are qualified nursing faculty or preceptors directly supervising or instructing nursing students in the performance of nursing tasks while enrolled in accredited nursing programs;(C) instruct and/or supervise an unlicensed person in the proper performance of nursing tasks as a part of an education course designed to prepare persons to obtain a state license, certificate or permit that authorizes the person to perform such tasks; and(D) assign tasks to or supervise LVNs or other licensed practitioners practicing within the scope of their license.", "sourceNote": "Source Note: The provisions of this §224.2 adopted to be effective February 19, 2003, 28 TexReg 1384; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171385", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.3", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "99684", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Board of Nursing (BON or Board) recognizes that changes in health care delivery have and will continue to influence the way nursing care is delivered. The Board believes that the registered nurse (RN) is in a unique position to develop and implement a nursing plan of care that incorporates a professional relationship between the RN and the client. The Board recognizes that the RN's responsibility may vary from that of the nurse providing care at the bedside of an acutely ill client to that of the nurse managing health care delivery in institutional and community settings. Assessment of the nursing needs of the client, the plan of nursing actions, implementation of the plan, and evaluation are essential components of professional nursing practice and are the responsibilities of the RN.(b) The full utilization of the services of an RN, to include advanced practice registered nurses (APRN), may require delegation of selected nursing tasks to unlicensed personnel. The scope of delegation and the level of supervision by the RN may vary depending on the setting, the complexity of the task, the skills and experience of the unlicensed person, and the client's physical and mental status. The following sections govern the RN in delegating nursing tasks to unlicensed personnel across a variety of settings where nursing care services are delivered.", "sourceNote": "Source Note: The provisions of this §224.3 adopted to be effective February 19, 2003, 28 TexReg 1384; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "99684", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.4", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171386", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Activities of daily living--Limited to the following activities: bathing, dressing, grooming, routine hair and skin care, meal preparation, feeding, exercising, toileting, transfer/ambulation, positioning, and range of motion.(2) Client--the individual receiving care.(3) Delegation--Authorizing an unlicensed person to provide nursing services while retaining accountability for how the unlicensed person performs the task. It does not include situations in which an unlicensed person is directly assisting a RN by carrying out nursing tasks in the presence of a RN.(4) Unlicensed person--An individual, not licensed as a health care provider:(A) who is monetarily compensated to provide certain health related tasks and functions in a complementary or assistive role to the RN in providing direct client care or carrying out common nursing functions;(B) including, but is not limited to, nurse aides, orderlies, assistants, attendants, technicians, home health aides, medication aides permitted by a state agency, and other individuals providing personal care/assistance of health related services; or(C) who is a professional nursing student, not licensed as a RN or LVN, providing care for monetary compensation and not as part of their formal educational program shall be considered to be unlicensed persons and must provide that care in conformity with this chapter.", "sourceNote": "Source Note: The provisions of this §224.4 adopted to be effective February 19, 2003, 28 TexReg 1384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171386", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.5", "label": "RN Accountability for Delegated Tasks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171377", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The RN's accountability to the BON with respect to its taking disciplinary action against the RN's license is met when the delegating RN has complied with and can verify compliance with this chapter and specifically with §224.6 and §224.8(b)(1) of this title (relating to General Criteria for Delegation and Discretionary Delegation Tasks) as appropriate.(b) This chapter does not change or apply to an RN's civil liability.(c) The RN nurse administrator or the RN who is responsible for nursing services in settings that utilize RN delegation in clients with acute care conditions or acute care environments shall be responsible for knowing the requirements of this rule and for taking reasonable steps to assure that registered nurse delegation is implemented and conducted in compliance with the Texas Nursing Practice Act and this chapter.", "sourceNote": "Source Note: The provisions of this §224.5 adopted to be effective February 19, 2003, 28 TexReg 1384; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171377&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171377", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.6", "label": "General Criteria for Delegation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171378", "queryAsDate": "03/11/2026" }, "ruleBody": "The following standards must be met before the RN delegates nursing tasks to unlicensed persons. These criteria apply to all instances of RN delegation. Additional criteria, if appropriate to the particular task being delegated, may also be found in §224.8(b)(1) of this title (relating to Discretionary Delegation Tasks).(1) The RN must make an assessment of the client's nursing care needs. The RN should, when the client's status allows, consult with the client, and when appropriate the client's family and/or significant other(s), to identify the client's nursing needs prior to delegating nursing tasks.(2) The nursing task must be one that a reasonable and prudent RN would find is within the scope of sound nursing judgment to delegate. The RN should consider the five rights of delegation: the right task, the right person to whom the delegation is made, the right circumstances, the right direction and communication by the RN, and the right supervision as determined by the RN.(3) The nursing task must be one that, in the opinion of the delegating RN, can be properly and safely performed by the unlicensed person involved without jeopardizing the client's welfare.(4) The nursing task must not require the unlicensed person to exercise professional nursing judgment; however, the unlicensed person may take any action that a reasonable, prudent non-health care professional would take in an emergency situation.(5) The unlicensed person to whom the nursing task is delegated must be adequately identified. The identification may be by individual or, if appropriate, by training, education, and/or certification/permit of the unlicensed person.(6) The RN shall have either instructed the unlicensed person in the delegated task, or verified the unlicensed person's competency to perform the nursing task. The verification of competence may be done by the RN making the decision to delegate or, if appropriate, by training, education, experience and/or certification/permit of the unlicensed person.(7) The RN shall adequately supervise the performance of the delegated nursing task in accordance with the requirements of §224.7 of this title (relating to Supervision).(8) If the delegation continues over time, the RN shall periodically evaluate, review, and when a change in condition occurs reevaluate the delegation of tasks. For example, the evaluation would be appropriate when the client's Nursing Care Plan is reviewed and revised. The RN's evaluation of a delegated task(s) will be incorporated into the client's Nursing Care Plan.", "sourceNote": "Source Note: The provisions of this §224.6 adopted to be effective February 19, 2003, 28 TexReg 1384; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171378", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.7", "label": "Supervision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171379", "queryAsDate": "03/11/2026" }, "ruleBody": "The registered professional nurse shall provide supervision of all nursing tasks delegated to unlicensed persons in accordance with the following conditions. These criteria apply to all instances of RN delegation and supervision of delegation for clients with acute conditions or in acute care environments.(1) The degree of supervision required shall be determined by the delegating RN or the RN who assumes supervisory responsibilities after an evaluation of appropriate factors involved including, but not limited to, the following:(A) the stability of the client's status in relation to the task(s) to be delegated;(B) the training, experience, and capability of the unlicensed person to whom the nursing task is delegated;(C) the nature of the nursing task being delegated; and(D) the proximity and availability of the RN to the unlicensed person when the nursing task will be performed.(2) The RN or an RN who assumes supervisory responsibilities under this section shall be available in person or by telecommunications, and shall make decisions about appropriate levels of supervision using the following examples as guidelines:(A) In situations where the RN's regularly scheduled presence is required to provide nursing services, including assessment, planning, intervention and evaluation of the client whose health status is changing and/or to evaluate the client's health status, the RN must be readily available to supervise the unlicensed person in the performance of delegated tasks. Settings include, but are not limited to acute care, long term care, rehabilitation centers, and/or clinics providing public health services.(B) In situations where nursing care is provided in the client's residence but the client's status is unstable and unpredictable and the RN is required to assess, plan, intervene, and evaluate the client's unstable and unpredictable status and need for skilled nursing services, the RN shall make supervisory visits at least every fourteen calendar days. The RN shall assess the relationship between the unlicensed person and the client to determine whether health care goals are being met. Settings include, but are not limited to group homes, foster homes and/or the client's residence.(C) In situations where the RN assumes supervision of UAPs performing tasks that have been delegated by another RN, if performance of the tasks by the UAP poses a risk of patient harm, the supervising RN must intervene as required to stabilize a patient's condition and prevent complications and then communicate with the delegating RN.", "sourceNote": "Source Note: The provisions of this §224.7 adopted to be effective February 19, 2003, 28 TexReg 1384 ; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171379", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.8", "label": "Delegation of Tasks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171380", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Tasks Which are Most Commonly Delegated. By way of example, and not in limitation, the following nursing tasks are ones that are most commonly the type of tasks within the scope of sound professional nursing practice to be considered for delegation, regardless of the setting, provided the delegation is in compliance with §224.6 of this title (relating to General Criteria for Delegation) and the level of supervision required is determined by the RN in accordance with §224.7 of this title (relating to Supervision):(1) non-invasive and non-sterile treatments;(2) the collecting, reporting, and documentation of data including, but not limited to:(A) vital signs, height, weight, intake and output, capillary blood and urine test;(B) environmental situations;(C) client or family comments relating to the client's care; and(D) behaviors related to the plan of care;(3) ambulation, positioning, and turning;(4) transportation of the client within a facility;(5) personal hygiene and elimination, including vaginal irrigations and cleansing enemas;(6) feeding, cutting up of food, or placing of meal trays;(7) socialization activities;(8) activities of daily living; and(9) reinforcement of health teaching planned and/or provided by the registered nurse.(b) Discretionary Delegation Tasks.(1) In addition to General Criteria for Delegation outlined in §224.6 of this title, the nursing tasks which follow in paragraph (2) of this subsection may be delegated to an unlicensed person only:(A) if the RN delegating the task is directly responsible for the nursing care given to the client;(B) if the agency, facility, or institution employing or utilizing unlicensed personnel follows a current protocol for the delegation of the task and for the instruction and training of unlicensed personnel performing nursing tasks under this subsection and that the protocol is developed with input by registered nurses currently employed in the facility and includes:(i) the manner in which the instruction addresses the complexity of the delegated task;(ii) the manner in which the unlicensed person demonstrates competency of the delegated task;(iii) the mechanism for reevaluation of the competency;(iv) an established mechanism for identifying those individuals to whom nursing tasks under this subsection may be delegated;(v) how the unlicensed person will report back to the delegating RN or supervising RN; and(vi) periodic re-demonstration of competency.(C) if the protocol recognizes that the final decision as to what nursing tasks can be safely delegated in any specific situation is within the specific scope of the RN's professional judgment.(2) the following are nursing tasks that are not usually within the scope of sound professional nursing judgment to delegate and may be delegated only in accordance with, §224.6 of this title and paragraph (1) of this subsection. These types of tasks include:(A) sterile procedures--those procedures involving a wound or an anatomical site which could potentially become infected;(B) non-sterile procedures, such as dressing or cleansing penetrating wounds and deep burns;(C) invasive procedures--inserting tubes in a body cavity or instilling or inserting substances into an indwelling tube; and(D) care of broken skin other than minor abrasions or cuts generally classified as requiring only first aid treatment.(c) Nursing Tasks Prohibited from Delegation By way of example, and not in limitation, the following are nursing tasks that are not within the scope of sound professional nursing judgment to delegate:(1) physical, psychological, and social assessment which requires professional nursing judgment, intervention, referral, or follow-up;(2) formulation of the nursing care plan and evaluation of the client's response to the care rendered;(3) specific tasks involved in the implementation of the care plan which require professional nursing judgment or intervention;(4) the responsibility and accountability for client health teaching and health counseling which promotes client education and involves the client's significant others in accomplishing health goals; and(5) administration of medications, including intravenous fluids, except by medication aides as permitted under §224.9 of this title (relating to The Medication Aide Permit Holder).", "sourceNote": "Source Note: The provisions of this §224.8 adopted to be effective February 19, 2003, 28 TexReg 1384; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171380", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.9", "label": "The Medication Aide Permit Holder" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171381", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An RN may delegate to medication aides the administration of medication to clients in correctional health, long term care facilities, home health agencies, and other facilities as authorized by law if:(1) the medication aide holds a valid permit issued by the appropriate state agency to administer medications in that facility or agency;(2) the RN assures that the medication aide functions in compliance with the laws and regulations of the agency issuing the permit; and(3) the route of administration is oral, via a permanently placed feeding tube, sublingual or topical including eye, ear or nose drops and vaginal or rectal suppositories.(b) The following tasks may not be delegated to the Medication Aide Permit Holder unless allowed and in compliance with Chapter 225 of this title (relating to RN Delegation to Unlicensed Personnel and Tasks not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions):(1) calculation of any medication doses except for measuring a prescribed amount of liquid medication and breaking a tablet for administration, provided the RN has calculated the dose;(2) administration of the initial dose of a medication that has not been previously administered to the client;(3) administration of medications by an injectable route except as permitted in independent living environments for administration of insulin as outlined in §225.12 (relating to Delegation of Insulin or Other Injectable Medications Prescribed in the Treatment of Diabetes Mellitus);(4) administration of medications used for intermittent positive pressure breathing or other methods involving medication inhalation treatments in independent living environments except as permitted in §225.10(10)(F) (relating to Tasks That May Be Delegated);(5) administration of medications by way of a tube inserted in a cavity of the body in independent living environments except as permitted in §225.10(10)(A) (relating to Tasks That May be Delegated);(6) responsibility for receiving verbal or telephone orders from a physician, dentist, or podiatrist; and(7) responsibility for ordering a client's medication from the pharmacy.", "sourceNote": "Source Note: The provisions of this §224.9 adopted to be effective February 19, 2003, 28 TexReg 1384; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171381", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.10", "label": "Supervising Unlicensed Personnel Performing Tasks Delegated by Non RN Practitioners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171382", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following applies to the registered professional nurse who practices in a collegial relationship with another licensed practitioner, who has delegated tasks to an unlicensed person over whom the RN has supervisory responsibilities. The RN's accountability to the BON, with respect to its taking disciplinary action against the RN's license, is met if the RN:(1) verifies the training of the unlicensed person;(2) verifies that the unlicensed person can properly and adequately perform the delegated task without jeopardizing the client's welfare; and(3) adequately supervises the unlicensed person.(b) If the RN cannot verify the unlicensed person's capability to perform the delegated task, the RN must communicate this fact to the licensee who delegated the task.(c) If performance of the task(s) by UAP poses risk of harm to the patient, the RN must intervene as required to stabilize a patient's condition and prevent complications; and then communicate with the delegating practitioner.", "sourceNote": "Source Note: The provisions of this §224.10 adopted to be effective February 19, 2003, 28 TexReg 1384; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171382", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "224", "label": "DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS" }, "rule": { "number": "§224.11", "label": "Application of Other Laws and Regulations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166056", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) BON §217.11(1)(A) of this title (relating to Standards of Nursing Practice) requires RNs to know and conform to all laws and regulations affecting their area of practice.(b) The RN delegating tasks to an unlicensed person should be aware that, in addition to this chapter, various laws and regulations may apply to, including but not limited to, laws and regulations governing facility licensing, home and community support services agencies, Medicare and Medicaid regulations, and Medication Aide regulations.(c) In situations where an RN's practice is governed by multiple laws and regulations that impose different requirements, the RN must comply with them all and if inconsistent, the most restrictive requirement(s) governs. For example, if one regulation requires an RN to make a supervisory visit every 14 days and another leaves it to the RN's professional judgment, the RN would have to visit at least every 14 days or more frequently, if that is what the RN's professional judgment indicated.", "sourceNote": "Source Note: The provisions of this §224.11 adopted to be effective February 19, 2003, 28 TexReg 1384; amended to be effective January 27, 2015, 40 TexReg 381." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166056", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.1", "label": "Application of Chapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166057", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter applies only to situations meeting the following criteria:(1) the client is in an independent living environment;(2) the client, if 16 or older, or client's responsible adult is willing and able to participate in decisions about the overall management of the client's health care; and(3) the task is for a stable, predictable condition as defined by §225.4 of this title (relating to Definitions).(b) If the situation does not meet the above criteria in subsection (a) of this section, any delegation of nursing tasks by the RN to an unlicensed person must comply with Chapter 224 of this title (relating to Delegation of Tasks Relating to Acute Conditions or Settings Other Than Independent Living Environments).(c) Should a client develop an acute condition that is unstable or unpredictable, this chapter may still be applicable to tasks that relate solely to the client's stable and predictable condition(s) and not to the acute condition(s).", "sourceNote": "Source Note: The provisions of this §225.1 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166057", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.2", "label": "Exclusions from Chapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166058", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter does not apply to:(1) tasks performed for acute, unstable, or unpredictable conditions;(2) settings where nursing services are continuously provided;(3) tasks performed under authority of Government Code §531.051(e) relating to Consumer Direction of Certain Services for Persons With Disability and Elderly Persons;(4) RNs who:(A) supervise or instruct others in the gratuitous nursing care of the sick;(B) are qualified nursing faculty or preceptors directly supervising or instructing nursing students in the performance of nursing tasks while enrolled in accredited nursing programs;(C) instruct and/or supervise an unlicensed person in the proper performance of nursing tasks as a part of an education course designed to prepare persons to obtain a state license, certificate or permit that authorizes the person to perform such tasks; and(D) assign tasks to or supervise LVNs or other licensed practitioners practicing within the scope of their license.", "sourceNote": "Source Note: The provisions of this §225.2 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166058&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166058", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.3", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166059", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Board of Nursing (BON or Board) recognizes that public preference in the provision of health care services includes a greater opportunity for clients to share with the RN in the choice and control for delivery of services in the community based setting. The Board also appreciates that the provision of health care is dynamic in nature and continually evolving. As professional nurses, regardless of practice setting, RNs are obligated to assess the nursing needs of the client, develop a plan of nursing actions, implement this plan, and evaluate the outcome. These are essential components of RN practice that identify professional nursing as a process discipline. Professional nursing while inclusive of tasks is not focused on tasks but rather on interventions or client-centered actions initiated to assist the client in accomplishing the goals defined in the nursing care plan.(b) In the independent living environment, RNs encounter clients across the spectrum of health to illness. The primary goal is to assist the choice of the client to achieve the most integrated setting/least restrictive environment throughout the life span. This is regularly accomplished, in part, through the assistance of unlicensed personnel who work with the client to complete a variety of tasks on a daily basis. Some tasks that are considered nursing tasks in the acute care setting are considered support services necessary to assist the client to maintain client health, and thus the highest degree of independence and quality of life possible, in the independent living environment.(c) The purpose of this chapter is to provide guidance to RNs which includes advanced practice registered nurses practicing in independent living environments in incorporating the use of unlicensed personnel to achieve optimal health benefits for the client. Clients in these settings have needs that may be categorized as activities of daily living (ADLs), health maintenance activities (HMAs), or nursing tasks. For some clients, ADLs and HMAs may be of a routine and supportive nature that minimizes the need for RN involvement.(d) The RN shall collaborate with the client and/or the client's responsible adult in pursuit of the highest possible degree of independent living for the client. By adequately and accurately assessing the needs of the client in this setting, and considering the inter-related factors impacting the client's environment, the RN can effectively make decisions in utilizing unlicensed personnel to accomplish quality supportive services and care.(e) The RN nurse administrator or the RN who is responsible for nursing services in settings that utilize RN delegation in independent living environments shall be responsible for knowing the requirements of this rule and for taking reasonable steps to assure that registered nurse delegation is implemented and conducted in compliance with the Texas Nursing Practice Act and this chapter.", "sourceNote": "Source Note: The provisions of this §225.3 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166059", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.4", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166060", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Activities of daily living (ADLs)--limited to the following activities: bathing, dressing, grooming, routine hair and skin care, meal preparation, feeding, exercising, toileting, transfer/ambulation, positioning, range of motion, and assistance with self administered medications. The term does not include more specific tasks defined as health maintenance activities under paragraph (8) of this section (relating to Health Maintenance Activities).(2) Administration of Medications--removal of an individual/unit dose from a previously dispensed, properly labeled container; verifying it with the medication order; giving the correct medication and the correct dose to the proper client at the proper time by the proper route; and accurately recording the time and dose given.(3) Assistance with self-administered medication--any needed ancillary aid provided to a client in the client's self-administered medication or treatment regimen, such as reminding a client to take a medication at the prescribed time, opening and closing a medication container, pouring a predetermined quantity of liquid to be ingested, returning a medication to the proper storage area, and assisting in reordering medications from a pharmacy.(4) Client--the individual receiving care.(5) Client's Responsible Adult--an individual, 18 or older, normally chosen by the client, who is willing and able to participate in decisions about the overall management of the client's health care and to fulfill any other responsibilities required under this chapter for care of the client. The term includes but is not limited to parent, foster parent, family member, significant other, or legal guardian.(6) Delegation--means that a registered nurse authorizes an unlicensed person to perform tasks of nursing care in selected situations and indicates that authorization in writing. The delegation process includes nursing assessment of a client in a specific situation, evaluation of the ability of the unlicensed persons, teaching the task, ensuring supervision of the unlicensed persons and re-evaluating the task at regular intervals. It does not include situations in which an unlicensed person is directly assisting a RN by carrying out nursing tasks in the presence of a RN.(7) Functional Disability--a mental, cognitive, or physical disability that precludes the physical performance of self-care tasks, including health maintenance activities and ADLs.(8) Health Maintenance Activities (HMAs)--tasks that may be exempt from delegation based on RN assessment that enable the client to remain in an independent living environment and go beyond ADLs because of the higher skill level required to perform. HMAs include the following:(A) administering oral medications that are normally self-administered, including administration through a permanently placed feeding tube with irrigation;(B) topically applied medications;(C) insulin or other injectable medications prescribed in the treatment of diabetes mellitus administered subcutaneously, nasally, or via an insulin pump;(D) unit dose medication administration by way of inhalation (MDIs) including medications administered as nebulizer treatments for prophylaxis and/or maintenance;(E) routine administration of a prescribed dose of oxygen;(F) noninvasive ventilation (NIV) such as continuous positive airway pressure (CPAP) and bi-level positive airway pressure (BiPAP) therapy;(G) the administering of a bowel and bladder program, including suppositories, enemas, manual evacuation, intermittent catheterization, digital stimulation associated with a bowel program, tasks related to external stoma care including but not limited to pouch changes, measuring intake and output, and skin care surrounding the stoma area;(H) routine preventive skin care and care of Stage 1 pressure ulcers;(I) feeding and irrigation through a permanently placed feeding tube inserted in a surgically created orifice or stoma;(J) those tasks that an RN may reasonably conclude as safe to exempt from delegation based on an assessment consistent with §225.6 of this title (relating to RN Assessment of the Client); and(K) such other tasks as the Board may designate.(9) Independent living environment--A client's individual residence which may include a home or homelike setting such as the client's home, an entity licensed or regulated by a state or federal agency or exempt from such licensure or regulation, (such as a group home, foster home, or assisted living facility), and includes where the client works, attends school, or engages in other community activities. The term does not include settings in which nursing services are continuously provided.(10) Not Requiring Delegation--a determination by a RN that the performance of an ADL or HMA may be exempt from delegation for a particular client and does not constitute the practice of professional nursing based on criteria established by the Board/this chapter.(11) Stable and predictable--a situation where the client's clinical and behavioral status is determined to be non-fluctuating and consistent. A stable/predictable condition involves long term health care needs which are not recuperative in nature and do not require the regularly scheduled presence of a registered nurse or licensed vocational nurse. Excluded by this definition are situations where the client's clinical and behavioral status is expected to change rapidly or in need of the continuous/continual assessment and evaluation of a registered nurse or licensed vocational nurse. The condition of clients receiving hospice care in an independent living environment where deterioration is predictable shall be deemed to be stable and predictable.(12) Unlicensed person--an individual, not licensed as a health care provider:(A) who is monetarily compensated to provide certain health related tasks and functions in a complementary or assistive role to the RN in providing direct client care or carrying out common nursing functions;(B) who provides those tasks and functions as a volunteer but does not qualify as a friend providing gratuitous care for the sick under §301.004(1) of the Nursing Practice Act;(C) including, but not limited to, nurse aides, orderlies, assistants, attendants, technicians, home health aides, medication aides permitted by a state agency, and other individuals providing personal care/assistance of health related services; or(D) who is a professional nursing student, not licensed as a RN or LVN, providing care for monetary compensation and not as part of their formal educational program shall be considered to be unlicensed persons and must provide that care in conformity with this chapter.", "sourceNote": "Source Note: The provisions of this §225.4 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166060", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.5", "label": "RN Accountability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166061", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The RN is responsible for proper performance of the assessment required by §225.6 of this title (relating to RN Assessment of the Client) and for the RN's decisions made as a result of that assessment including determining that performance of a particular ADL or HMA for a particular client qualifies as not requiring delegation.(b) The RN is responsible for documenting the delegation assessment and delegation decision(s), and must provide the rationale for the delegation decisions upon request of the client or the client's responsible adult. When delegation decisions conflict or are in disagreement with the client or the client's responsible adult, the RN should collaborate with the client or the client's responsible adult through a dispute resolution process if available.(c) The RN is not accountable for an unlicensed person's actual performance of ADLs or HMAs not requiring delegation.(d) The RN's accountability to the BON with respect to its taking disciplinary action against the RN's license is met when the RN can verify compliance with this chapter.(e) This chapter does not change a RN's civil liability.", "sourceNote": "Source Note: The provisions of this §225.5 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166061", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.6", "label": "RN Assessment of the Client" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "99701", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The RN, in consultation with the client if 16 or older, and when appropriate the client's responsible adult, must make an assessment to determine if the care:(1) qualifies as an ADL or HMA not requiring delegation;(2) can be delegated to an unlicensed person; or(3) should not be delegated and only performed by a nurse.(b) In making this determination, the RN shall consider each of the following elements of assessment to develop an overall picture of the client's health status:(1) the ability of the client or client's responsible adult to participate in the health care decision and ability and willingness to participate in the management and direction of the task;(2) the adequacy and reliability of support systems available to the client or client's responsible adult;(3) the degree of the stability and predictability of the client's health status relative to which the task is performed;(4) the knowledge base of the client or client's responsible adult about the client's health status;(5) the ability of the client or client's responsible adult to communicate with an unlicensed person in traditional or non-traditional ways; and(6) how frequently the client's status shall be reassessed.(c) While each element must be assessed, strength in one factor may compensate/offset a weakness in another factor. The assessment under this section does not require the RN to know either the specific unlicensed person who will perform the tasks or the specific qualifications of the unlicensed person who will perform the tasks, thus the RN is not required to determine the competency of the unlicensed person.", "sourceNote": "Source Note: The provisions of this §225.6 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=99701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "99701", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.7", "label": "Activities of Daily Living Not Requiring Delegation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166062", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Activities of daily living (ADLs), as defined in this chapter, that do not fall within the practice of professional nursing may be performed by an unlicensed person in accordance with this section without being delegated. The Board has determined that in situations governed by this chapter ADLs do not fall within the practice of professional nursing when:(1) performed for a person with a functional disability and the client would perform the task(s) but for the functional disability; and(2) the RN determines, based on an assessment under §225.6 of this title (relating to RN Assessment of the Client) that the task(s) is such that it could be performed by any unlicensed person without RN supervision.(b) If the above criteria cannot be met, an ADL may still be performed as a delegated task if it meets the criteria of §225.9 of this title (relating to Delegation Criteria).", "sourceNote": "Source Note: The provisions of this §225.7 adopted to be effective February 19, 2003, 28 TexReg 1386." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166062", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.8", "label": "Health Maintenance Activities Not Requiring Delegation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166063", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Health Maintenance Activities (HMAs), as defined in this chapter that do not fall within the practice of professional nursing, may be performed by an unlicensed person in accordance with this section without being delegated. The Board has determined that in situations governed by this chapter HMAs do not fall within the practice of professional nursing when:(1) performed for a person with a functional disability;(2) in addition to the client assessment under §225.6 of this title (relating to RN Assessment of the Client), a RN determines all of the following conditions exist:(A) the client would perform the task(s) but for her/his functional disability;(B) the task(s) can be directed by the client or client's responsible adult to be performed by an unlicensed person without RN supervision;(C) the client or client's responsible adult is able, and has agreed in writing, to participate in directing the unlicensed person's actions in carrying out the HMA; and(D) Either(i) the client is willing and able to train the unlicensed person in the proper performance of the HMA, or(ii) the client's responsible adult is capable of training the unlicensed person in the proper performance of the task and(I) will be present when the task is performed, or(II) if not present, will have observed the unlicensed person perform the task at least once to assure he/she can competently perform the task and will be immediately accessible in person or by telecommunications to the unlicensed person when the task is performed.(b) If the above criteria cannot be met, an HMA may still be performed as a delegated task if it meets the criteria of §225.9 of this title (relating to Delegation Criteria).", "sourceNote": "Source Note: The provisions of this §225.8 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166063", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.9", "label": "Delegation Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166064", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When determining whether to delegate a nursing task or those ADLs or HMAs requiring delegation, the RN, in addition to the assessment under §225.6 of this title (relating to RN Assessment of the Client), shall:(1) determine that the task does not require the unlicensed person to exercise nursing judgment;(2) verify the experience and competency of the unlicensed person to perform the task, including the unlicensed person's ability to recognize and inform the RN of client changes related to the task. The RN must have either:(A) instructed the unlicensed person in the delegated task; or(B) verified the unlicensed person's competency to perform the nursing task based on personal knowledge of the training, education, experience and/or certification/permit of the unlicensed person.(3) determine, in consultation with the client or the client's responsible adult, the level of supervision and frequency of supervisory visits required, taking into account:(A) the stability of the client's status;(B) the training, experience and capability of the unlicensed person to whom the nursing task is delegated;(C) the nature of the nursing task being delegated;(D) the proximity and availability of the RN to the unlicensed person when the nursing task will be performed; and(E) the level of participation of client or client's responsible adult; and(4) consider whether the five rights of delegation can be met: the right task; the right person to whom the delegation is made; the right circumstances; the right direction and communication by the RN; and the right supervision.(b) The RN or another RN qualified to supervise the unlicensed person shall be available, in person or by telecommunications when the unlicensed person is performing the task.(c) The competency of the unlicensed person to whom the nursing task is delegated must be adequately documented. The verification of competency may be by an individual or, if appropriate, by experience, training, education, and/or certification/permit of the unlicensed person.(d) If the RN is employed, the employing entity must have a written policy acknowledging that the final decision to delegate shall be made by the RN in consultation with client or client's responsible adult.", "sourceNote": "Source Note: The provisions of this §225.9 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166064", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.10", "label": "Tasks That May Be Delegated" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166065", "queryAsDate": "03/11/2026" }, "ruleBody": "A RN may delegate the following tasks unless the RN's assessment under §225.6 of this title (relating to RN Assessment of the Client) and §225.9 of this title (relating to Delegation Criteria) determines that the task is not a task a reasonable and prudent nurse would delegate. Tasks include:(1) an ADL the RN has determined requires delegation under §225.7 of this title (relating to Activities of Daily Living Not Requiring Delegation);(2) a HMA the RN has determined requires delegation under §225.8 of this title (relating to Health Maintenance Activities Not Requiring Delegation);(3) non-invasive and non-sterile treatments with low risk of infection;(4) the collecting, reporting, and documentation of data including, but not limited to:(A) vital signs, height, weight, intake and output, capillary blood and urine test;(B) environmental situations/living conditions that affect the client's health status;(C) client or significant other's comments relating to the client's care; and(D) behaviors related to the plan of care;(5) reinforcement of health teaching provided by the registered nurse;(6) inserting tubes in a body cavity or instilling or inserting substances into an indwelling tube limited to the following:(A) insertion and/or irrigation of urinary catheters for purpose of intermittent catheterization; and(B) irrigation of an indwelling tube such as a urinary catheter or permanently placed feeding tube;(7) ventilator care or tracheal care; including instilling normal saline and suctioning of a tracheostomy with routine supplemental oxygen administration.(8) care of broken skin with low risk of infection;(9) sterile procedures those procedures involving a wound or an anatomical site that could potentially become infected;(10) administration of medications that are administered:(A) orally or via permanently placed feeding tube inserted in a surgically created orifice or stoma;(B) sublingually;(C) topically;(D) eye and ear drops; nose drops and sprays;(E) vaginal or rectal gels or suppositories;(F) unit dose medication administration by way of inhalation for prophylaxis and/or maintenance; and(G) oxygen administration for the purpose of non-acute respiratory maintenance.(11) administration of oral unit dose medications from the client's daily pill reminder container in accordance with §225.11 of this title (relating to Delegation of Administration of Medications From Pill Reminder Container);(12) administration of insulin or other injectable medications prescribed in the treatment of diabetes mellitus administered sub-cutaneously, nasally, or via an insulin pump in accordance with §225.12 of this title (relating to Delegation of Insulin or Other Injectable Medications Prescribed in the Treatment of Diabetes Mellitus);(13) certain emergency measures as defined in §224.6(4) of this title (relating to General Criteria for Delegation);(14) those tasks that an RN may reasonably conclude as safe to delegate based on an assessment consistent with §225.6 of this title; and(15) other such tasks as the Board may designate.", "sourceNote": "Source Note: The provisions of this §225.10 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166065", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.11", "label": "Delegation of Administration of Medications From Pill Reminder Container" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166066", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to all previous criteria listed, when delegating the administration of oral unit dose medications from the client's daily pill reminder container, the RN must:(1) ensure that the unit dose medication(s) are placed in the client's daily pill reminder container, from properly dispensed prescription bottle(s), by the RN or a person mutually agreed upon by the RN and client or client's responsible adult who has demonstrated the ability to complete the task properly;(2) instruct the client or client's responsible adult and the unlicensed person involved in such delegation activity about each medication placed in such a container with regard to distinguishing characteristics of each medication, proper time, dose, route and adverse effects which may be associated with the medication;(3) provide to the client, client's responsible adult if applicable, and the unlicensed person(s) instructions to contact the RN before the medication is administered when there are questions concerning the medications or changes in the client's status related to the medication being given. An example is when the medications appear to be rearranged or missing.(4) make supervisory visits in the event there are changes in the client's status related to the medication being given and determine the frequency of supervisory visits in consultation with the client or the client's responsible adult to assure that safe and effective services are being provided; and(5) ensure the client or client's responsible adult acknowledges in writing that the administration of medication(s) under this section will be delegated to an unlicensed person.", "sourceNote": "Source Note: The provisions of this §225.11 adopted to be effective February 19, 2003, 28 TexReg 1386; amended to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166066", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.12", "label": "Delegation of Insulin or Other Injectable Medications Prescribed in the Treatment of Diabetes Mellitus" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166067", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to all previous criteria listed, when delegating administration of insulin or other injectable medications prescribed in the treatment of diabetes mellitus administered subcutaneously, nasally, or via insulin pump the RN must:(1) arrange for a RN to be available on call for consultation/intervention 24 hours each day;(2) provide teaching of all aspects of insulin or other injectable medications prescribed in the treatment of diabetes mellitus administered subcutaneously, nasally, or via insulin pump to the client and the unlicensed person to include, but not limited to proper technique for determination of the client's blood sugar prior to each administration of insulin or other medication, proper injection technique, risks, side effects and the correct response(s). The RN must leave written instructions for the performance of administering insulin or other injectable medications prescribed in the treatment of diabetes mellitus subcutaneously, nasally, or via insulin pump, including a copy of the physician's order or instructions, for the unlicensed person, client, or client's responsible adult to use as a reference;(3) delegate the administration of insulin or other injectable medication prescribed in the treatment of diabetes mellitus subcutaneously, nasally, or via insulin pump to an unlicensed person, specific to one client. The RN must teach that the administration of insulin or other injectable medication prescribed in the treatment of diabetes mellitus subcutaneously, nasally, or via insulin pump is to be performed only for the patient for whom the instructions are provided and instruct the unlicensed person that the task is client specific and not transferable to other clients or providers;(4) delegate the administration of insulin or other injectable medication prescribed in the treatment of diabetes mellitus subcutaneously, nasally, or via insulin pump to additional unlicensed persons providing care to the specific client provided the registered nurse limits the number of unlicensed persons to the number who will remain proficient in performing the task and can be safely supervised by the registered nurse;(5) make supervisory visits to the client's location at least 3 times within the first 60 days (one within the first two weeks, one within the second two weeks and one in the last 30 days) to evaluate the proper medication administration of insulin by the unlicensed person(s). After the initial 60 days, the RN, in consultation with the client or client's responsible adult, shall determine the frequency for supervisory visits to assure the proper and safe administration of insulin by the unlicensed person(s). Separate visits shall be made for each unlicensed person administering insulin;(6) make supervisory visits in the event there are changes in the client's status; and(7) ensure that the client or client's responsible adult acknowledges in writing that the administration of medication(s) under this section will be delegated to an unlicensed person.", "sourceNote": "Source Note: The provisions of this §225.12 adopted to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166067", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.13", "label": "Tasks Prohibited From Delegation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166068", "queryAsDate": "03/11/2026" }, "ruleBody": "The following are nursing tasks that are not within the scope of sound professional nursing judgment to delegate:(1) physical, psychological, and social assessment, which requires professional nursing judgment, intervention, referral, or follow-up;(2) formulation of the nursing care plan and evaluation of the client's response to the care rendered;(3) specific tasks involved in the implementation of the care plan that require professional nursing judgment or intervention;(4) the responsibility and accountability for client or client's responsible adult health teaching and health counseling which promotes client or client's responsible adult education and involves the client's responsible adult in accomplishing health goals; and(5) the following tasks related to medication administration:(A) calculation of any medication doses except for measuring a prescribed amount of liquid medication and breaking a tablet for administration, provided the RN has calculated the dose;(B) administration of medications by an injectable route except for subcutaneous injectable insulin or other injectable medication prescribed in the treatment of diabetes mellitus as permitted by §225.12 of this title (relating to Delegation of Administration of Insulin) or other injectable medication prescribed in the treatment of diabetes mellitus and in emergency situations as permitted by §224.6(4) of this title (relating to General Criteria for Delegation) and §225.10(13) of this title (relating to Tasks That May Be Delegated);(C) administration of medications by way of a tube inserted in a cavity of the body except as permitted by §225.10(10) of this title;(D) responsibility for receiving or requesting verbal or telephone orders from a physician, dentist, or podiatrist; and(E) administration of the initial dose of a medication that has not been previously administered to the client unless the RN documents in the client's medical record the rationale for authorizing the unlicensed person to administer the initial dose.", "sourceNote": "Source Note: The provisions of this §225.13 adopted to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166068&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166068", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.14", "label": "Supervising Unlicensed Personnel Performing Tasks Delegated by Other Practitioners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166069", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following applies to the registered nurse who practices in a collegial relationship with another licensed practitioner who has delegated tasks to an unlicensed person over whom the RN has supervisory responsibilities. The RN's accountability to the BON, with respect to its taking disciplinary action against the RN's license, is met if the RN:(1) verifies the training of the unlicensed person;(2) verifies that the unlicensed person can properly and adequately perform the delegated task without jeopardizing the client's welfare; and(3) adequately supervises the unlicensed person.(b) If the RN cannot verify the unlicensed person's capability to perform the delegated task, the RN must communicate this fact to the licensee who delegated the task.", "sourceNote": "Source Note: The provisions of this §225.14 adopted to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166069", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "225", "label": "RN DELEGATION TO UNLICENSED PERSONNEL AND TASKS NOT REQUIRING DELEGATION IN INDEPENDENT LIVING ENVIRONMENTS FOR CLIENTS WITH STABLE AND PREDICTABLE CONDITIONS" }, "rule": { "number": "§225.15", "label": "Application of Other Laws and Regulations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106608", "queryAsDate": "03/11/2026" }, "ruleBody": "BON §217.11(1) of this title (relating to Standards of Nursing Practice) requires RNs to know and conform to all laws and regulations affecting their area of practice. The RN authorizing an unlicensed person to perform tasks in independent living environments should be aware that, in addition to this chapter, various laws and regulations may apply including, but not limited to, laws and regulations governing home and community support service agencies and Medicare and Medicaid regulations. In situations where a RN's practice is governed by multiple laws and regulations that impose different requirements, the RN must comply with them all and if inconsistent, the most restrictive requirement(s) governs. For example, if one regulation requires a RN to make a supervisory visit every 14 days and another leaves it to the RN's professional judgment, the RN would have to visit at least every 14 days or more frequently, if that is what the RN's professional judgment indicated.", "sourceNote": "Source Note: The provisions of this §225.15 adopted to be effective February 24, 2014, 39 TexReg 1154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106608", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "226", "label": "PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS" }, "rule": { "number": "§226.1", "label": "Patient Safety Pilot Programs on Nurse Reporting Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106609", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this rule is to establish the procedures to assure that patient safety pilot programs conducted under Tex. Occ. Code §301.1606 are conducted in a manner consistent with the Board's role of protection of the public and are structured appropriately to evaluate the efficacy and effect on protection of the public of reporting systems designed to encourage identification of system errors.", "sourceNote": "Source Note: The provisions of this §226.1 adopted to be effective December 29, 2003, 28 TexReg 11587." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106609", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "226", "label": "PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS" }, "rule": { "number": "§226.2", "label": "Initiation of Application and Approval of Patient Safety Pilot Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106610", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Patient safety pilot programs under this rule may be conducted:(1) by the Board on its own initiative; or(2) by a third party either through an application or request for proposal process.(b) If by application, the application must be submitted on an application form developed by the Board and comply with all conditions set by the Board for applying for a pilot.(c) If by request for proposal, the submitted proposal must comply with all conditions set out in the request for proposal.(d) The Board shall have the right to limit the number of pilots that are approved and to refuse to accept an application on the basis that the Board is not accepting new pilot program applications.(e) If an application or proposal is submitted with incomplete information, the Board may:(1) reject the application or proposal; or(2) request the incomplete information be provided.(f) As a condition of approving an application or proposal, the Board may request changes be made in how the pilot is designed so as to better meet the purpose for pilots conducted under this rule as set out in §226.1.", "sourceNote": "Source Note: The provisions of this §226.2 adopted to be effective December 29, 2003, 28 TexReg 11587." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106610", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "226", "label": "PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS" }, "rule": { "number": "§226.3", "label": "General Selection Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106611", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be approved based on the patient safety pilot program's ability to meet the purpose of the rules. Selection criteria shall be based on:(1) Program quality as determined by the Board;(2) Description of the pilot program, including the body of knowledge that has influenced the development of the proposed program and the financial support for the proposed program;(3) Methodology of the pilot program, including research objectives and qualitative and/or quantitative metrics used to evaluate the program;(4) Efficacy/effect on the public and patient safety, including identification of vulnerabilities to the public created by the proposed program, appropriate measures taken to address such vulnerabilities, and the measures taken to adequately protect the public from an impaired or unsafe nurse;(5) Pilot program outcomes, including how the success of the program will improve nursing practice and enhance public safety;(6) Program innovation; and(7) Other factors including financial ability to perform the patient safety pilot program, State and regional needs and priorities, ability to continue the patient safety pilot program after the initial application period, past performance of the applicant, and other related factors as determined by the Board.(b) Program Length Programs shall have a defined length, not to exceed two years. Programs may be extended upon approval of a written application submitted to the Board.", "sourceNote": "Source Note: The provisions of this §226.3 adopted to be effective December 29, 2003, 28 TexReg 11587." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106611", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "226", "label": "PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS" }, "rule": { "number": "§226.4", "label": "Limited Exception to Mandatory Reporting Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106612", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In approving a pilot program, the Board may grant a program an exception to the mandatory reporting requirements of sections 301.401-301.409 or to a rule adopted under chapters 301 or 303 that relate to the practice of professional nursing, including education and reporting requirements for registered nurses.(b) The Board may not grant the exception to:(1) the education requirements of sections 301.303 through 301.304 unless the program includes alternative but substantially equivalent requirements; or(2) the mandatory requirements sections 301.401-301.409 or to a rule adopted under chapters 301 or 303 unless the program:(A) is designed to evaluate the efficiency of alternative reporting methods; and(B) provides consumers adequate protection from registered nurses whose practice is a threat to public safety.(c) To be eligible for an exception to mandatory reporting Sections 301.401-301.409 or to a rule adopted under Chapter 301 or Chapter 303 and in addition to the General Selection Criteria of §226.3, a pilot program must provide a replacement methodology designed to promote patient safety consistent with the exception requested. The criteria shall also be based on the ability of the patient safety pilot program to provide a framework for addressing the following issues:(1) Provide for the remediation of the deficiencies of a registered nurse who has knowledge or skill deficiencies that unless corrected may result in an unreasonable risk to public safety;(2) Provide for supervision of the nurse during remediation of deficiencies under paragraph (1); and(3) Require reporting to the Board of a registered nurse:(A) Who fails to satisfactorily complete remediation or who does not make satisfactory progress in remediation, under paragraph (1);(B) Whose incompetence in the practice of professional nursing would pose a continued risk of harm to the public; or(C) Whose error contributed to a patient death or serious patient injury.(4) Provide for a nursing peer review committee or other acceptable pilot committee to review whether a registered nurse is appropriate for remediation under paragraph (1).", "sourceNote": "Source Note: The provisions of this §226.4 adopted to be effective December 29, 2003, 28 TexReg 11587." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106612", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "226", "label": "PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS" }, "rule": { "number": "§226.5", "label": "Application and Review Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106613", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall establish a pilot program review panel to evaluate and make recommendations to the Board. The Board may solicit recommendations from an advisory committee or others on topics for patient safety pilot programs, on priorities of those programs, and on the administration of the application and review process.(b) The Executive Director shall screen applications and proposals to determine if they meet the criteria of sections 226.3 and 226.4. The Executive Director shall forward qualified applications and proposals to the pilot program review panel for evaluation within 30 days of the closing date of the Request for Proposal or receipt of an application. Eliminated applicants shall be so notified by the Board.(c) The Board shall select individuals qualified in the patient safety pilot program topic areas to serve on the review panel based on the content of proposals submitted. Individuals who serve on the review panel shall demonstrate appropriate credentials to evaluate patient safety pilot program applications. At a minimum, there will be one panel member from each of the following areas: a registered nurse, a doctoral level researcher, a human factors expert, and a consumer representative. Review panel members shall not evaluate any applications or proposals for which they have a conflict of interest. Review panel members serve without compensation at the discretion of the Board.(d) The Board shall use the pilot program review panel to evaluate the quality of applications and proposals based on the sections 226.3 and 226.4 listed above. The pilot program review panel shall evaluate applications and proposals, and assign scores based on the sections 226.3 and 226.4 as listed above. All evaluations and scores of the review panel are final.(e) The Executive Director shall use the review scores to recommend a prioritized list of applications and proposals to the Board for consideration. The decision-making process of the Board shall give weight to scores and must provide a statement of explanation if the Board does not agree with the peer review recommendations.(f) Not withstanding any provision stated herein, no patient safety pilot program will be approved by the Board if it does not provide consumers adequate protection from registered nurses whose continued practice is a threat to public safety.", "sourceNote": "Source Note: The provisions of this §226.5 adopted to be effective December 29, 2003, 28 TexReg 11587." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106613&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106613", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "226", "label": "PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS" }, "rule": { "number": "§226.6", "label": "Monitoring and Evaluating Patient Safety Pilot Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "106614", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All patient safety pilot programs shall be subject to monitoring and evaluating by the Board to ensure compliance with the criteria of this rule and obtain evidence that research goals are being pursued.(b) The Board may require that the entity conducting a patient safety pilot program under this rule reimburse the Board for the cost of monitoring and evaluating the patient safety pilot program.(c) The Board may contract with a third party to perform the monitoring and evaluating of patient safety pilot programs.(d) The Board may arrange for a patient safety pilot program to directly reimburse a third party for monitoring and evaluating of a patient safety pilot program.", "sourceNote": "Source Note: The provisions of this §226.6 adopted to be effective December 29, 2003, 28 TexReg 11587." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=106614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "106614", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "226", "label": "PATIENT SAFETY PILOT PROGRAMS ON NURSE REPORTING SYSTEMS" }, "rule": { "number": "§226.7", "label": "Contract Discussions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166927", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contracts Following the approval of an application or proposal by the Board, the successful applicant must sign a contract issued by the Executive Director and based on the information contained in the application.(b) Subcontracts With the prior written approval of the Board, the successful applicant may enter into third party contracts and subcontracts to conduct the patient safety pilot program.(c) Cancellation or Suspension of Programs The Board has the right to reject all applications and proposals, and cancel any patient safety pilot program solicitations before a contract is signed. Breach of contract will result in termination of the patient safety pilot program.(d) Requirements for Applications The full text of the administrative regulations and funding requirements for this patient safety pilot program are contained in the official Request for Proposal available on request from the Board.", "sourceNote": "Source Note: The provisions of this §226.7 adopted to be effective December 29, 2003, 28 TexReg 11587." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166927", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "227", "label": "PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO VOCATIONAL AND PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§227.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166928", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this rule is to establish the procedures that apply to pilot programs for innovative applications to nursing education under Tex. Occ. Code §301.1605 for both vocational and professional nursing programs. Pilot programs approved under this chapter must be conducted in a manner consistent with the Board's role of protection of the public and must be structured appropriately to evaluate the efficacy and effect on vocational and professional nursing students.", "sourceNote": "Source Note: The provisions of this §227.1 adopted to be effective April 22, 2014, 39 TexReg 3230." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166928&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166928", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "227", "label": "PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO VOCATIONAL AND PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§227.2", "label": "Application and Approval" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166929", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligibility. In order to be eligible for approval under this chapter, an applicant must be requesting an exception to a requirement in Chapter 214 of this title (relating to Vocational Nursing Education) or Chapter 215 of this title (relating to Professional Nursing Education) or an educational requirement of Tex. Occ. Code Chapter 301. If an applicant is requesting an exception to an educational requirement of Chapter 301, the applicant's pilot program must include an alternate, but substantially equivalent requirement.(b) Approval Required. An applicant seeking approval from the Board under this chapter must submit a completed application to the Board. The applicant must verify the application by attesting to the truth and accuracy of the information in the application. An applicant must submit a completed application to the Board at least four months prior to the applicant's planned implementation date of the pilot program.(c) Applications will be reviewed and evaluated to determine if they meet the requirements of this chapter. Qualified applications will be forwarded to the Board for deliberation and vote.(d) The Board may approve the application; defer action on the application, pending receipt of further information; approve the application with conditions and/or restrictions; or deny approval of the application. As a condition of approving an application, the Board may request that changes be made in how a pilot program is designed.(e) If the application is approved, the applicant must submit a written report of outcomes resulting from the pilot program to the Board within 90 days of completion of the program. The Board reserves the right to request additional and/or more frequent written reports of program outcomes during the duration of the pilot program.(f) If an application is denied approval by the Board, an applicant must wait at least one calendar year from the date of the Board's denial before submitting a new application for Board consideration.(g) An applicant seeking approval must meet the requirements outlined in the Board's Guidelines related to Innovation in Nursing Education and this chapter.", "sourceNote": "Source Note: The provisions of this §227.2 adopted to be effective April 22, 2014, 39 TexReg 3230." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166929", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "227", "label": "PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO VOCATIONAL AND PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§227.3", "label": "General Selection Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166930", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applications will be evaluated on the following criteria:(1) Quality of the pilot program;(2) Description of the pilot program, including the rationale for the pilot program and the financial support for the program;(3) Methodological design of the pilot program;(4) Pilot program outcomes, including how the success of the program will improve nursing education and enhance nursing practice and how it will be measured;(5) Pilot program innovation;(6) Timeline for pilot program;(7) Controls to maintain quality education and ensure delivery of safe and competent nursing care:(A) Methods shall be incorporated into the pilot program to ensure that students in the pilot program receive an equivalent, quality education as students in standard program(s) (comparative group);(B) Ongoing evaluation shall be implemented to determine the students' progress in the pilot program; and(C) If evidence indicates that students in pilot program are not meeting objectives, a plan for corrective measures to re-mediate must be in place; and(8) Other relevant factors, including financial ability to implement the pilot program; state and regional needs and priorities; applicant's ability to continue the pilot program on a long-term basis; and the past performance of the applicant, if applicable.(b) Pilot programs must have a defined length, not to exceed two years. The length of an approved pilot program may be extended upon applicant request and approval by the Board.", "sourceNote": "Source Note: The provisions of this §227.3 adopted to be effective April 22, 2014, 39 TexReg 3230." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166930", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "227", "label": "PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO VOCATIONAL AND PROFESSIONAL NURSING EDUCATION" }, "rule": { "number": "§227.4", "label": "Monitoring and Evaluation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208991", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All pilot programs shall be subject to intermittent monitoring and evaluation by the Board to ensure compliance with the criteria of this chapter and to obtain evidence that program goals are being met. Board monitoring may include the review and analysis of program reports; communication with program directors; and survey visits. The Board may also require the submission of quarterly reports of students' performance in courses and clinical learning experiences; remediation strategies and attrition rates; and any other information necessary to evaluate the status of the pilot program. Survey visits by a Board representative may be conducted at appropriate intervals to evaluate the status of the pilot program. The Board may alter a monitoring plan as necessary to address the specific needs of a particular program.(b) The Board may require an applicant to reimburse the Board for the cost of monitoring and evaluating a pilot program.(c) The Board may contract with a third party to perform the monitoring and evaluation of pilot programs.(d) The Board may arrange for an applicant to directly reimburse a third party for the monitoring and evaluation of a pilot program.", "sourceNote": "Source Note: The provisions of this §227.4 adopted to be effective April 22, 2014, 39 TexReg 3230." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208991", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "228", "label": "PAIN MANAGEMENT" }, "rule": { "number": "§228.1", "label": "Standards of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193196", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:(1) Controlled substance (also referred to as scheduled drugs)--A substance, including a drug, adulterant, and dilutant, listed in Schedules I through V or Penalty Groups 1, 1-A, or 2 through 4 of Chapter 481, Health and Safety Code (Texas Controlled Substances Act). The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.(2) Dangerous drug--A device or drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481, Health and Safety Code. The term includes a device or drug that bears, or is required to bear, the legend: \"Caution: federal law prohibits dispensing without prescription\" or \"Rx only\" or another legend that complies with federal law.(3) Device--An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part or accessory, that is required under federal or state law to be ordered or prescribed by a practitioner. The term includes durable medical equipment.(4) Medication--A dangerous drug, controlled substance, non-prescription drug, or device. For purposes of this chapter, the term also includes herbal and naturopathic remedies.(5) Non-prescription drug--A non-narcotic drug or device that may be sold without a prescription and that is labeled and packaged in compliance with state or federal law.(6) Pain management clinic--As defined in Chapter 168, Occupations Code.(b) Purpose. This section sets forth the minimum standards of nursing practice for an advanced practice registered nurse (APRN) who provides pain management services.(1) The goal of pain management is to therapeutically treat the patient's pain in relation to overall health, including physical function, psychological, social and work-related factors.(2) Medications must be prescribed in a therapeutic manner that helps, rather than harms, the patient. Medications must be recognized to be pharmacologically appropriate and safe for the diagnosis for which the medication is being used.(3) Proper treatment of pain must be based on careful and complete patient assessment and sound clinical judgment. Harm can result from failure to use sound clinical judgment, particularly in drug therapy. The APRN shall provide treatment of pain that is within the current standard of care and is supported by evidence based research.(4) Documentation in patient records shall be legible, complete, and accurate. All consultations and referrals with the delegating physician and other health care providers shall be documented.(5) Any treatment plan should be mutually agreed upon by the patient and the provider. Treatment of pain requires a reasonably detailed and documented plan of care to ensure that the patient's treatment is appropriately monitored. A documented explanation of the rationale for the particular treatment plan is required for cases in which treatment with scheduled drugs is difficult to relate to the patient's objective physical, radiographic, or laboratory findings. Ongoing consultation and referral to the delegating physician and other health care providers shall be documented.(c) Evaluation of the Patient Seeking Treatment for Pain.(1) The APRN shall ensure that a current and complete health history is documented in the patient record. The APRN shall per-form and document a physical assessment that includes a problem focused exam specific to the chief presenting complaint of the patient. At a minimum, this assessment must be performed and documented when prescribing and/or ordering a new medication or a refill of a medication for the patient.(2) Pain assessment and documentation in the patient record shall include, as appropriate:(A) The nature and intensity of the pain;(B) All current and past treatments for pain, including relevant patient records from prior treating providers as available;(C) Underlying conditions and co-existing physical and psychiatric disorders;(D) The effect of pain on physical and psychological function;(E) History and potential for substance misuse, abuse, dependence, addiction or other substance use disorder, including relevant validated, objective testing and risk stratification tools; and(F) One or more recognized clinical indications for the use of a medication, if prescribed.(d) Treatment Plan and Outcomes for Patients with Pain. The APRN who treats patients with pain shall ensure that there is a written treatment plan documented in the patient record. Information in the patient record shall include, as appropriate:(1) A written explanation of how the medication(s) ordered/prescribed relate(s) to the chief presenting complaint and treatment of pain;(2) The name, dosage, frequency, and quantity of any medication prescribed and number of refills authorized;(3) Laboratory testing and diagnostic evaluations ordered;(4) All other treatment options that are planned or considered;(5) Plans for ongoing monitoring of the treatment plan and outcomes;(6) Subjective and objective measures that will be used to determine treatment outcomes, such as pain relief and improved physical and psychosocial function;(7) Any and all consultations and referrals, including the date the consultation and/or referral was made; to whom the consultation and/or referral was made; the time frame for completion of the consultation and/or referral; and the results of the consultation and/or referral; and(8) Documentation of informed consent, as required by subsection (e) of this section.(e) Informed consent includes a discussion with the patient, a person(s) designated by the patient, or with the patient's surrogate or guardian, if the patient is without medical decision-making capacity, of the risks and benefits of the use of medications for the treatment of pain. As appropriate, this discussion should be documented by either a written, signed document maintained in the patient record or a contemporaneous notation included in the patient record. Discussion of risks and benefits should include an explanation of the following:(1) Diagnosis;(2) Treatment plan;(3) Expected therapeutic outcomes, including the realistic expectations for sustained pain relief, and possibilities for lack of pain relief;(4) Non-pharmacological therapies;(5) Potential side effects of treatments and drug therapy and how to manage common side effects;(6) Adverse effects of medication use, including the potential for dependence, addiction, tolerance, and withdrawal; and(7) Potential for impaired judgment and motor skills.(f) If the treatment plan includes drug therapy beyond 90 days, the use of a written pain management agreement should be included, as appropriate. The written pain management agreement should outline patient responsibilities that, at a minimum require the patient to:(1) Submit to laboratory testing for drug confirmation upon request of the APRN, the delegating physician, and/or any other health care providers;(2) Adhere to the number and frequency of prescription refills;(3) Use only one provider to prescribe controlled substances related to pain management, and to make consultations and referrals;(4) Use only one pharmacy for all prescriptions for controlled substances related to pain management;(5) Acknowledge potential consequences of non-compliance with the agreement; and(6) Acknowledge processes following successful completion of treatment goals, including weaning of medications.(g) Ongoing monitoring of the treatment of pain.(1) The APRN shall see the patient for periodic review of the treatment plan at reasonable intervals.(2) The periodic review shall include an assessment of the patient's progress toward reaching treatment plan goals, taking into consideration the history of medication usage, as well as any new information about the pain, and the patient's compliance with the pain management agreement.(3) Each periodic review of the treatment plan shall be documented in the patient record.(4) Any adjustment in the treatment plan based on individual needs of the patient shall be documented.(5) Continuation or modification of the use of medications for pain management shall be based on an evaluation of progress toward treatment plan goals, as well as evaluation and consideration of any new factors that may influence the treatment plan.(A) Progress or lack of progress in relieving pain and meeting treatment objectives shall be documented in the patient record. Progress may be indicated by the patient's decreased pain, increased level of function, and/or improved quality of life.(B) Objective evidence of improved or diminished function shall be monitored. Information from the patient, family members, or other caregivers should be considered in determining the patient's response to treatment.(C) If the patient's progress is unsatisfactory, the current treatment plan should be reevaluated, with consideration given to the use of other therapeutic modalities and/or services of other providers.(6) Continuation of the use of scheduled drugs shall include consultation with the delegating physician and documentation of such consultation in the patient record, as required for delegation of prescriptive authority for controlled substances pursuant to §157.0511 and §168.201, Occupations Code.(h) Consultation and Referral. In certain situations, further evaluation and treatment may be indicated.(1) Patients who are at risk for substance use disorders or addiction require special attention. Consideration should be given to consultation with and/or referral to a provider who is an expert in the treatment of patients with substance use disorders.(2) Patients with chronic pain and histories of substance use disorders or with co-existing psychological and/or psychiatric disorders may require consultation with and/or referral to an expert in the treatment of such patients. Consideration should be given to consultation with and/or referral to a provider who is an expert in the treatment of patients with these histories and/or disorders.(3) Information regarding the consideration of consultation and/or referral under this subsection should be documented in the patient record(i) Pain management clinics in the state of Texas. Prior to providing pain management services in these settings, APRNs who practice in pain management clinics shall verify that the clinic has been properly certified as a pain management clinic by the Texas Medical Board and that the certification is current.(1) The APRN shall ensure that s/he is in compliance with all other requirements for delegation of prescriptive authority for medications as set forth in Board rule and the Occupations Code Chapter 157.(2) APRNs shall not own or operate a pain management clinic, as that term is defined by the Occupations Code Chapter 168 and any applicable rules promulgated by the Texas Medical Board.", "sourceNote": "Source Note: The provisions of this §228.1 adopted to be effective February 23, 2014, 39 TexReg 989; amended to be effective May 19, 2022, 47 TexReg 2861." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193196", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "11", "label": "TEXAS BOARD OF NURSING" }, "chapter": { "number": "228", "label": "PAIN MANAGEMENT" }, "rule": { "number": "§228.2", "label": "Prescription Monitoring Program (PMP)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220556", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) APRNs should access and review the prescription monitoring program (PMP) authorized by Chapter 481, Health and Safety Code, prior to prescribing any controlled substance for patients being treated for pain.(b) APRNs must access and review the PMP before prescribing opioids, benzodiazepines, barbiturates, or carisoprodol unless:(1) the patient has been diagnosed with cancer or the patient is receiving hospice care; and(2) the APRN clearly notes on the prescription or in the electronic prescription record that the patient was diagnosed with cancer or is receiving hospice care, as applicable.(c) An APRN will not be subject to disciplinary action if the APRN:(1) makes a good faith attempt to access and review the PMP prior to prescribing opioids, benzodiazepines, barbiturates, or carisoprodol, but is unable to access the information because of circumstances outside the control of the APRN; and(2) clearly notes on the patient's prescription or in the patient's electronic prescription record the APRN's attempt to access and review the PMP and the circumstances that prevented the APRN from being able to do so.(d) Documentation that the review of the PMP occurred and rationale for prescribing a controlled substance must be included in the patient's medical record.(e) This section takes effect September 1, 2019.", "sourceNote": "Source Note: The provisions of this §228.2 adopted to be effective September 1, 2019, 43 TexReg 7537." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220556", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.2", "label": "Applications for Licensure as Therapeutic Optometrist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214892", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The applicant shall make application by providing to the Executive Director, on forms to be furnished by the Board, satisfactory evidence that the applicant has attended and graduated from a reputable school or college of optometry which meets with the requirements of the Board and such other information as the Board may deem necessary for the enforcement of the Act.(b) The applicant shall report all felony and misdemeanor criminal convictions as outlined under Texas Occupations Code Chapter 53. Failure of an applicant to report every criminal conviction is deceit, dishonesty and misrepresentation in seeking admission to practice and authorizes the Board to take disciplinary action under §351.501 of the Act. An applicant is not required to report a Class C Misdemeanor traffic violation. The applicant shall furnish any document relating to the criminal conviction as requested by the Board. The applicant shall also provide a complete criminal history by submitting fingerprints to the authority authorized by the Department of Public Safety to take the fingerprints in the form required by that authority.(c) In such application, the applicant shall state that the applicant will abide by the laws of this state regulating the practice of optometry and that all facts, statements and answers contained in the application are true and correct. Such application shall be signed (manually or digitally) and dated.(d) Applicants shall submit a report of out-of-state disciplinary action prepared by an approved national databank.(e) Any person furnishing false information in such application shall be denied the issuance of a license, or if the applicant has been licensed before it is made known to the Board of the falseness of such information, such license shall be subject to suspension, revocation, or cancellation in accordance with §351.501 of the Act.(f) Applications must contain a certified optometry school transcript, which shall show the total number of hours of attendance, the subjects studied, the grades or marks given, and the date of graduation of the applicant. The optometry school transcript must show proof of the required education as set forth in §271.11 of this chapter (related to Required Education for Therapeutic Licensure). Applicants must also submit a copy of the transcript from any undergraduate school attended which shall show the total number of hours of attendance, the subjects studied, the grades or marks given, and the date of graduation of the applicant.(g) The Board may require other documentation not specified by this section be submitted with the application. All required documents must be received within one year of application; otherwise, the applicant must reapply and pay the application fee. A person may apply for licensure prior to graduation from a reputable school or college of optometry.(h) The application must be accompanied by a fee as set forth in §273.4 of this title (relating to Fees (Not Refundable)).(i) If applicable, the applicant must furnish a certificate of good standing from any jurisdiction where licensed or previously licensed. The certificate must establish that:(1) the applicant's license has never been suspended or revoked;(2) there are no pending disciplinary actions against the applicant; and(3) the applicant is presently authorized to practice therapeutic optometry without restrictions.(j) If the certificate of good standing does not establish the items in subsection (i) of this section, the applicant will be required to submit additional information for further Board review.", "sourceNote": "Source Note: The provisions of this §271.2 adopted to be effective August 11, 1983, 8 TexReg 2933; amended to be effective September 10, 1993, 18 TexReg 5744; amended to be effective August 2, 1998, 23 TexReg 7561; amended to be effective October 14, 1999, 24 TexReg 8747; amended to be effective September 26, 2002, 27 TexReg 8927; amended to be effective December 28, 2003, 28 TexReg 11258; amended to be effective September 13, 2005, 30 TexReg 5800; amended to be effective September 12, 2007, 32 TexReg 6152; amended to be effective August 28, 2011, 36 TexReg 5362; amended to be effective June 11, 2014, 39 TexReg 4431; amended to be effective September 11, 2017, 42 TexReg 4650;amended to be effective August 23, 2021, 46 TexReg 5188; amended to be effective August 27, 2023, 48 TexReg 4665; amended to be effective September 16, 2024, 49 TexReg 7322." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214892&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214892", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.3", "label": "Jurisprudence Examination Administration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214893", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Every applicant for a license to practice therapeutic optometry in this state must take and pass a jurisprudence exam covering the laws and rules of the Board. The laws and rules of the Board may be referenced while taking the exam (that is, the exam shall be considered \"open book\").(b) The jurisprudence exam shall be conducted in the English language in writing and by such other means as the Board shall determine adequate to ascertain the qualifications of the applicant.(c) The passing grade on the jurisprudence written test shall be 70.(d) Applicants shall not collaborate in any manner with any other person on examination matters while the applicant's examination is in progress. Violations of this rule shall subject the offender to disciplinary action.(e) If an applicant fails to be licensed within one-year of taking and passing the jurisprudence exam, the applicant must retake and pass the exam in order to be licensed.", "sourceNote": "Source Note: The provisions of this §271.3 adopted to be effective August 11, 1983, 8 TexReg 2933; amended to be effective November 25, 1986, 11 TexReg 4624; amended to be effective January 1, 1992, 16 TexReg 7488; amended to be effective September 10, 1993, 18 TexReg 5744; amended to be effective August 2, 1998, 23 TexReg 7561; amended to be effective March 29, 2010, 35 TexReg 2556; amended to be effective December 12, 2011, 36 TexReg 8383; amended to be effective August 27, 2023, 48 TexReg 4665." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214893&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214893", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.5", "label": "Licensure without Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon payment of a fee in an amount set by the Board, the Board may license applicants who have not taken Part III of the National Board of Examiners in Optometry (NBEO) and who:(1) have no pending disciplinary actions in the state, district, or territory in which the applicant is licensed;(2) have never had their license suspended or revoked;(3) meet all requirements of the Act;(4) are currently licensed as a therapeutic optometrist in good standing in another state, the District of Columbia, or territory of the United States;(5) have passed an examination that is equivalent or superior to the examination required by §351.253 of the Act; and(6) have, for at least five of the seven years preceding the application date, been:(A) actively engaged in the practice of therapeutic optometry; or(B) engaged in full-time teaching at an accredited college of optometry or medicine.(b) The applicant must furnish a certificate of good standing from the jurisdictions where licensed. The certificate must establish that:(1) the applicant's license has never been suspended or revoked;(2) there are no pending disciplinary actions against the applicant; and(3) the applicant is presently authorized to practice therapeutic optometry without restrictions.(c) An examination is deemed equivalent or superior to the examination required by §351.253 of the Act if at the time the applicant took the examination, the examination met the requirements of §351.256 of the Act.(d) The applicant shall take and pass the jurisprudence examination administered by the Board.(e) The applicant must have complied with §271.2 of this chapter (relating to Applications for Licensure as Therapeutic Optometrist). The completed application with all supporting documents must be received by the Board not later than 30 days before the date of the Board meeting at which the application is to be considered.", "sourceNote": "Source Note: The provisions of this §271.5 adopted to be effective October 14, 1999, 24 TexReg 8747; amended to be effective December 28, 2003, 28 TexReg 11258; amended to be effective August 27, 2023, 48 TexReg 4665." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220557", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.6", "label": "National Board Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146054", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board determines that the written examination by the National Board of Examiners in Optometry (NBEO) known as Part I and Part II complies in all material respects with the examination requirements of §351.256 of the Act. The passing score on each Part of the National Board written examination is determined by the criterion-referenced standard setting approach, in which the passing score is set at the scaled score of 300. The Board will accept scores from an NBEO written examination if Part I or II was satisfactorily completed on or after January 1, 1984.(b) The Board determines that the practical examination known as Part III by the National Board of Examiners in Optometry (NBEO) complies in all material respects with the practical examination requirements of §351.256 of the Act. The passing scores on Part III shall be determined by the NBEO. The Board will accept scores from an NBEO Part III examination if Part III was satisfactorily completed on or after June of 1994.(c) The Board determines therapeutic optometrist examination shall be the Treatment and Management of Ocular Disease Examination (TMOD) administered by the National Board of Examiners in Optometry. A passing score from any TMOD test administered after April 1985 will be accepted. A pass/fail grade is sufficient.(d) Each applicant shall submit a true and correct copy of the applicant's score report and such other evidence of having achieved a passing grade on each part of the NBEO examination as outlined in subsections (a) and (b) of this section. No license will be issued to an applicant until evidence of passage of the NBEO examinations are received.", "sourceNote": "Source Note: The provisions of this §271.6 adopted to be effective March 13, 1986, 11 TexReg 1043; amended to be effective July 11, 1986, 11 TexReg 2981; amended to be effective November 25, 1986, 11 TexReg 4624; amended to be effective March 28, 1988, 13 TexReg 1259; amended to be effective November 3, 1989, 14 TexReg 5624; amended to be effective January 1, 1992, 16 TexReg 7488; amended to be effective September 10, 1993, 18 TexReg 5744; amended to be effective February 15, 1995, 20 TexReg 646; amended to be effective December 28, 1995, 20 TexReg 10766; amended to be effective August 2, 1998, 23 TexReg 7562; amended to be effective September 26, 2002, 27 TexReg 8927; amended to be effective August27,2023, 48 TexReg 4665; amended to be effective September 16, 2024, 49 TexReg 7322." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146054&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146054", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.7", "label": "Criminal History Evaluation Letters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220558", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority. A person may request the Board to issue a criminal history evaluation letter regarding the person's eligibility for a license as authorized by Chapter 53 of the Texas Occupations Code.(b) Eligibility. Only a person planning to enroll or who is enrolled in optometry school and who has reason to believe that the person is ineligible for licensure due to a conviction or deferred adjudication for a felony or misdemeanor offense may request the criminal history evaluation letter.(c) Request. The request must include:(1) A completed Board request form available from the Board;(2) A statement by the person of the basis for the person's potential ineligibility;(3) The required fee set out in §273.4 of this title (relating to Fees (Not Refundable));(4) Official copies of all court documentation regarding a conviction or deferred adjudication which the person believes may make that person ineligible for license; and(5) Proof that the person has requested the Federal Bureau of Investigation and the Texas Department of Public Safety to provide a criminal history report to the Board based on fingerprints submitted by the person.(d) Investigation. The Board has the same powers to investigate a request submitted under this section and the person's eligibility that the Board has to investigate a person applying for a license. The Board may request additional information from the person in order to complete the investigation. The person must timely respond to requests from the Board.(e) Issuance of Letter. The Board will issue a letter stating that a ground for ineligibility does not exist or a letter setting out each basis for potential ineligibility and the Board's determination as to eligibility, within 90 days of the receipt of the items listed in subsection (c) of this section, and receipt of the criminal history report on the person from the Federal Bureau of Investigation and the Texas Department of Public Safety. The 90 day period may be extended if the person has not timely provided information requested by the Board.(f) Limitation of Board's Determination. In the absence of new evidence known to but not disclosed by the person or not reasonably available to the Board at the time the letter is issued, the Board's ruling on the request determines the person's eligibility with respect to the grounds for potential ineligibility set out in the letter. The letter is limited to the law in effect on the date the letter is issued.", "sourceNote": "Source Note: The provisions of this §271.7 adopted to be effective June 13, 2010, 35 TexReg 4716." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220558", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.8", "label": "Converting Optometric License to Therapeutic Optometric License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220559", "queryAsDate": "03/11/2026" }, "ruleBody": "Optometrists licensed in Texas who graduated prior to January 1, 1991, may apply for licensure as a therapeutic optometrist. Proof of the successful completion of the minimum of 90 Board-approved classroom hours in postgraduate courses of general and ocular pharmacology and related pathology and proof of the successful passage of the TMOD must be submitted with the application.", "sourceNote": "Source Note: The provisions of this §271.8 adopted to be effective September 16, 2024, 49 TexReg 7322." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220559", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.9", "label": "Licensure as Optometric Glaucoma Specialist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220560", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For licensure as an Optometric Glaucoma Specialist:(1) Beginning January 1, 2025, an applicant under §271.2 of this chapter (relating to Applications for Licensure as a Therapeutic Optometrist) who graduated after May 1, 2008 shall concurrently apply for licensure as optometric glaucoma specialist on a joint application form promulgated by the Board.(2) An applicant under §271.2 of this chapter who graduated before May 1, 2008 may apply for a therapeutic license unless the applicant meets the requirements set out under §271.10(b) of this chapter (relating to Optometric Glaucoma Specialist: Required Education and Examination) in which case they shall apply for licensure as an optometric glaucoma specialist.(3) A therapeutic optometrist licensed prior to January 1, 2025 may submit an application to convert the license to an optometric glaucoma specialist if the applicant meets the requirements set out under §271.10(b) of this chapter (relating to Optometric Glaucoma Specialist: Required Education and Examination).(b) Proof of the required successfully completed education, examination, and clinical assessment as set forth in §271.10 of this chapter must accompany the application form.(c) Proof of a two-hour continuing education course related to prescribing and monitoring controlled substances as required by Section 481.07635 of the Health and Safety Code must accompany the application form.", "sourceNote": "Source Note: The provisions of this §271.9 adopted to be effective September 16, 2024, 49 TexReg 7322." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220560", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.10", "label": "Optometric Glaucoma Specialist: Required Education and Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220561", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants who graduated after May 1, 2008, from a school or college of optometry for which the Board has issued a determination, hereby meet the education and examination requirements of §351.3581 of the Texas Optometry Act provided:(1) the course work (as described in the Board's Resolution dated April 14, 2000) required for certification, including an instructional clinic review component, is part of the school or college of optometry's regular curriculum;(2) the examination required for graduation from the school or college is the substantive equivalent of an examination as described in the Board's Resolution dated April 14, 2000; and(3) the applicant received clinical training while in optometry school that satisfies the skills requirements set out in subsection (b)(3) of this section.(b) Applicants who graduated from optometry school prior to May 1, 2008:(1) must provide documentation showing successful completion of at least 30 verified instruction or classroom hours covering glaucoma diagnosis and treatment and pharmacology of approved oral and anti-glaucoma drugs (as described in the Board's Resolution dated April 14, 2000);(2) must have passed, with a grade of 75 or above, the final examination covering the education course set out in subsection (b)(1) above; and(3) must submit a signed and dated certification prepared by a licensed ophthalmologist or Texas licensed optometric glaucoma specialist confirming the demonstration by the applicant in an adequate and appropriate manner, as directly observed by the ophthalmologist or optometric glaucoma specialist, of the following skills: tonometry, gonioscopy, slit lamp examination, optic nerve examination/fundus, and interpretation of visual fields.", "sourceNote": "Source Note: The provisions of this §271.10 adopted to be effective September 16, 2024, 49 TexReg 7322." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220561", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.11", "label": "Required Education for Therapeutic Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220562", "queryAsDate": "03/11/2026" }, "ruleBody": "In order to demonstrate compliance in regard to therapeutic optometry, successful completion of at least 90 classroom hours of postgraduate course work and clinical training in general and ocular pharmacology and related pathology conducted by an accredited institution which has facilities for both didactic and clinical instruction, or via other educational programs approved by the Board, is required. Of the required 90 classroom hours, a minimum of 20 hours must be obtained in applied clinical skills. The applicant must provide documentation of successful completion of course work from the institution. Optometrists graduated after January 1, 1991, shall be considered as having met the educational requirements for a therapeutic license.", "sourceNote": "Source Note: The provisions of this §271.11 adopted to be effective September 16, 2024, 49 TexReg 7322." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220562", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "271", "label": "EXAMINATIONS" }, "rule": { "number": "§271.12", "label": "License Designation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220568", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Designation of authority as a therapeutic optometrist will appear along with the optometrist's license number in the format of the license numbers followed by the letter \"T.\" Such designation must appear whenever the license number is required under Board statutes or rules.(b) Designation of authority as an optometric glaucoma specialist will appear along with the optometrist's license number in the format of the license numbers followed by the letter \"T\" and \"G.\" Such designation must appear whenever the license number is required under Board statutes or rules.(c) The license to practice must be displayed in a conspicuous place in the principal office where the optometrist practices such that the patient can view the license.(d) In the event the original certificate is lost or destroyed, the Board may issue a duplicate certificate; the person entitled thereto must make written application to the Board for a duplicate, under affidavit setting forth that such certificate was lost or destroyed, and the circumstances under which loss or destruction occurred. Should the original subsequently be found, it must be forwarded immediately to the Board and not used by the person to whom issued originally or by any other person. A fee as set forth in §273.4 of this title (relating to Fees (not Refundable)) must be submitted to the Board along with the affidavit for the duplicate issue.", "sourceNote": "Source Note: The provisions of this §271.12 adopted to be effective September 16, 2024, 49 TexReg 7322." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220568", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "272", "label": "ADMINISTRATION" }, "rule": { "number": "§272.1", "label": "Open Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220569", "queryAsDate": "03/11/2026" }, "ruleBody": "Open records requests. The Executive Director shall be the official custodian of all Board records and the Executive Director or his or her designee shall process and respond to all requests for information in the manner prescribed by Chapter 552, Government Code.", "sourceNote": "Source Note: The provisions of this §272.1 adopted to be effective November 8, 1994, 19 TexReg 8541; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220569", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "272", "label": "ADMINISTRATION" }, "rule": { "number": "§272.2", "label": "Historically Underutilized Businesses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220570", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board adopts by reference the rules of the Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter D, Division 1 in accordance with §2161.003 of the Government Code.", "sourceNote": "Source Note: The provisions of this §272.2 adopted to be effective December 25, 2000, 25 TexReg 12687; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220570&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220570", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "272", "label": "ADMINISTRATION" }, "rule": { "number": "§272.3", "label": "Contract and Purchasing Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220571", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §2155.076 of the Government Code, the Board adopts by reference the rules of the Comptroller of Public Accounts regarding purchasing protest procedures set forth in 34 TAC, Part 1, Chapter 20, Subchapter F, Division 3. All vendor protests under this rule must be submitted to the Board's purchaser, who shall initiate a review of the protest. Any appeal to a determination of a protest by the purchaser shall be to the Executive Director, who may elect to submit the appeal to the Board for final determination. The Board shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the Board's retention schedule.(b) In accordance with §2156.005 of the Government Code, the Board adopts by reference the rules of the Comptroller of Public Accounts regarding bid opening and tabulation set forth in 34 TAC, Part 1, Chapter 20, Subchapter C, Division 2.(c) In accordance with §2260.052 of the Government Code, the Board adopts by reference the rules of the Office of the Attorney General in 1 TAC Part 3, Chapter 68 (relating to Negotiation and Mediation of Certain Contract Disputes). The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.(d) In accordance with §2261.202 of the Government Code, the Executive Director shall be responsible for monitoring agency contracts and for monitoring agency compliance with all applicable laws governing agency contracting. The Executive Director may delegate those duties necessary to carry out this responsibility to other agency staff who report directly to the Executive Director.(e) Enhanced Contract and Performance Monitoring.(1) The Board will complete a risk assessment to identify procurement contracts for goods or services from a private vendor that require enhanced contract or performance monitoring.(2) For all contracts with a value greater than $25,000, the Executive Director will complete a risk assessment to evaluate whether enhanced contract or performance monitoring may be required. The risk assessment may consider the following factors: total cost of the contract, including contract renewals; risk of loss to the agency under the contract; risk of fraud, waste or abuse; scope of the goods or services provided; availability of agency resources; complexity of the contract; vendor past performance; and whether the vendor is a foreign or domestic person or entity.(3) Contracts identified for enhanced contract and/or performance monitoring will be reported to the Board at the first regular Board meeting after the contract is executed. The report shall include: the basis for the determination that enhanced contract or performance monitoring is appropriate; any serious issues or risks identified with the contract, if applicable; and the plan for carrying out the enhanced contract or performance monitoring.(4) For any contract subject to enhanced contract or performance monitoring, the Executive Director shall provide the Board with progress reports, as directed by the Board.(5) This section does not apply to a memorandum of understanding, interagency contract, interlocal agreement, or contract for which there is not a cost.", "sourceNote": "Source Note: The provisions of this §272.3 adopted to be effective December 25, 2000, 25 TexReg 12688; amended to be effective January 11, 2017, 42 TexReg 16; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220571", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "272", "label": "ADMINISTRATION" }, "rule": { "number": "§272.4", "label": "Public Participation in Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226972", "queryAsDate": "03/11/2026" }, "ruleBody": "A scheduled time shall be established on each posted agenda to allow the opportunity for public comment on any issue under the jurisdiction of the Board. The time allowed an individual may be limited at the discretion of the chair.", "sourceNote": "Source Note: The provisions of this §272.4 adopted to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226972", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "272", "label": "ADMINISTRATION" }, "rule": { "number": "§272.5", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220573", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Optometry Act, Chapter 351, Texas Occupations Code.(2) APA--The Administrative Procedure Act, Chapter 2001, Government Code.(3) Board--The Texas Optometry Board.(4) Contested case--A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing.(5) Executive Director--Executive Director of the Texas Optometry Board.(6) Initial Visit- A patient who returns to the same provider or the same practice with access to the patient's complete patient record within three years of the last examination in which a spectacle or contact lens prescription was written is exempted from the requirements of an initial visit under §351.353 of the Act. (7) PFD--Proposal for decision.(8) Respondent--A person against whom a formal charge has been made alleging conduct that violates the Act or rules, regulations, or orders of the Board and whose legal rights are to be determined by the board after the opportunity for an adjudicative hearing in a contested case as defined by the APA.(9) SOAH--State Office of Administrative Hearings.(10) Synchronous--live, real-time audiovisual interaction between the practitioner and the patient in a separate location.", "sourceNote": "Source Note: The provisions of this §272.5 adopted\r\nto be effective September 16, 2024, 49 TexReg 7324; amended to be\r\neffective December 9, 2025, 50 TexReg 7922." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220573", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "272", "label": "ADMINISTRATION" }, "rule": { "number": "§272.6", "label": "Dual Office Holding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220574", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Executive Director and appointed members of the Board may not accept an offer to serve in another non-elective office unless they first obtain from the Board, a finding that the member has satisfied Article XVI, §40, of the Texas Constitution.(b) The Board must make a written record of any finding under subsection (a) of this section. The finding must include any compensation that the member or Executive Director receives from holding the additional office, including salary, bonus, or per diem payment.", "sourceNote": "Source Note: The provisions of this §272.6 adopted to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220574", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "272", "label": "ADMINISTRATION" }, "rule": { "number": "§272.7", "label": "Agency Staff Training and Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220575", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Government Code, Chapter 656, Subchapter C, agency staff may be permitted or required to attend training or education programs if those programs relate to the employee's duties or prospective duties, materially aid effective administration of the agency's functions, and serve an important public purpose.(b) The Executive Director shall be eligible to attend training and education programs, and shall determine which other employees will be permitted or required to attend training.(c) Employees who receive training must utilize the training opportunity to prepare for technological and legal developments facing the agency, or to increase professional capabilities or competence directly related to the work of the agency.(d) An employee, prior to receiving training for three or more months, during which the employee does not perform the employee's regular duties, must enter into a written agreement with the Board to comply with the requirements of §656.103(a) of the Government Code. Employees who fail or refuse to enter into such an agreement shall not be permitted to attend training lasting three or more months.(e) The Board may pay the costs and expenses related to approved training in accordance with the State Employee Training Act, the Comptroller's rules and regulations, and the Board's own policies relating to employee reimbursement.", "sourceNote": "Source Note: The provisions of this §272.7 adopted to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220575&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220575", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "272", "label": "ADMINISTRATION" }, "rule": { "number": "§272.8", "label": "Leave Pools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220576", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sick Leave Pool. The Board's sick leave pool shall be administered by the Executive Director in accordance with Chapter 661 of the Government Code, the rules and regulations of the Employees Retirement System of Texas, and the Texas Human Resources Statutes Inventory manual published by the Texas State Auditor's Office. The Executive Director shall develop and prescribe procedures for the operation of the sick leave pool, and include such procedures in the Board's personnel manual.(b) Family Leave Pool. The Board's family leave pool shall be administered by the Executive Director in accordance with Chapter 661 of the Government Code and the Texas Human Resources Statutes Inventory manual published by the Texas State Auditor's Office. The Executive Director shall develop and prescribe procedures for the operation of the family leave pool and include such procedures in the Board's personnel manual.", "sourceNote": "Source Note: The provisions of this §272.8 adopted to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220576", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "272", "label": "ADMINISTRATION" }, "rule": { "number": "§272.9", "label": "Petition for Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220580", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any interested person may petition for rulemaking in accordance with §2001.021 of the Government Code by submitting to the Board a written request for the adoption of a rule or rule change. The written request must contain a return mailing address for the agency's response.(b) The written request must, at a minimum, set forth or identify the rule the petitioner wants the Board to adopt or change, reasons why the petitioner believes the requested rulemaking is necessary, and include a copy of the proposed rule or any proposed changes with deletions crossed through and additions underlined. Additionally, the written request must affirmatively show that the requestor qualifies as an interested person under this rule. Requests which do not affirmatively show that the requestor qualifies as an interested person under this rule may be denied.(c) The written request should also address the economic cost to persons required to comply with the rule, the effects of the rule on small or micro-businesses or rural communities, and the impact the rule would have on local employment or economics, if such information can be derived from available sources without undue cost or burden.(d) A petition for rulemaking will be submitted to the Executive Director for initial review and consideration.(e) The Board will respond to a written request for adoption of a rule from an interested person in accordance with §2001.021 of the Government Code.(f) The term \"interested person\" as used in this rule, shall have the same meaning as that assigned by §2001.021(d) of the Government Code.", "sourceNote": "Source Note: The provisions of this §272.9 adopted to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220580", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.1", "label": "Surrender of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220566", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person formerly licensed to practice optometry in this state, who receives notification from the Board that the person's license to practice optometry has expired for failure to pay the annual renewal fee, shall within 10 days of receipt of such notification from the Board either pay the applicable renewal fee or surrender the license by mailing or otherwise delivering such license to the Board office. Alternatively, rather than physically surrender the license, the person may file with the Board an affidavit in the form acceptable to the Executive Director to the effect that such person is not practicing and will not practice optometry.", "sourceNote": "Source Note: The provisions of this §273.1 adopted to be effective January 5, 1984, 8 TexReg 5404; amended to be effective August 16, 1984, 9 TexReg 4283; amended to be effective September 10, 1993, 18 TexReg 5744; amended to be effective August 2, 1998, 23 TexReg 7562; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220566", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.2", "label": "Use of Name of Retired or Deceased Optometrist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=101320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "101320", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the event of the death or retirement of an optometrist who was practicing optometry in a partnership, or with a professional corporation or professional association, the surviving members of the professional corporation or association may, with the written permission of the retiring optometrist, or the deceased optometrist's legal representative, continue to practice with the name of the deceased or retired optometrist.(b) The fact that such optometrist is retired or deceased shall be clearly displayed in such a manner that such facts will be clearly visible to the public prior to entry of the optometrist's office or reception area. By way of an example, an appropriate professional identifying sign might be as follows: \"SMITH, JONES & BROWN, INC. OPTOMETRISTS, Jim Smith O.D. (1912-1981), Jim Jones, O.D. Retired, Paul Brown, O.D.\"", "sourceNote": "Source Note: The provisions of this §273.2 adopted to be effective January 5, 1984, 8 TexReg 5404; amended to be effective August 16, 1984, 9 TexReg 4283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=101320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "101320", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.3", "label": "Contact Lenses as Prize or Premium" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220581", "queryAsDate": "03/11/2026" }, "ruleBody": "In order to provide consistency in the enforcement of the Texas Optometry Act, Section 351.404, no person in this state shall give or cause to be given, deliver or cause to be delivered, in any manner whatsoever, any contact lenses as a prize or premium, or as an inducement to sell any book, paper, magazine, or any work of literature or art, or any item of merchandise whatsoever.", "sourceNote": "Source Note: The provisions of this §273.3 adopted to be effective August 16, 1984, 9 TexReg 4283; amended to be effective April 7, 2003, 28 TexReg 2923." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220581", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.4", "label": "Fees (Not Refundable)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220582", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application Fee $205.00.(b) License Without Examination Application Fee $305.00.(c) Therapeutic Certification Application Fee $85.00.(d) Optometric Glaucoma Specialist License Application Fee $55.00.(e) Initial Therapeutic License Fee: $271.36.(f) License Renewal.(1) Fee for licenses renewed on or before the January 1 expiration date:(A) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $432.72.(B) Active Optometric Glaucoma Specialist: $452.00.(2) License fee for late renewal, one to 90 days late.(A) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $643.08.(B) Active Optometric Glaucoma Specialist: $672.(3) License fee for late renewal, 91 days to one year late.(A) Optometrist, Therapeutic Optometrist and inactive Optometric Glaucoma Specialist: $853.44.(B) Optometric Glaucoma Specialist: $892.00.(4) Late fees (for all renewals with delayed continuing education) $420.72.(g) Provisional License $75.00.(h) Initial Limited Faculty License $50.00.(i) Duplicate License, Renewal Certificate, Therapeutic Certificate or Optometric Glaucoma Specialist Certificate (lost, destroyed, or name change) $25.00.(j) Retired License.(1) Optometrist and Therapeutic Optometrist: $222.36.(2) Optometric Glaucoma Specialist: $232.00.(k) Retired License to Active License Application Fee. For individuals holding Retired License making application for active license. $30.00.(l) Request for Criminal History Evaluation Letters $125.00.(m) Fee for official license verification: $40.00.(n) Fee for list of optometrists: $65.00.", "sourceNote": "Source Note: The provisions of this §273.4 adopted to be effective May 30, 1985, 10 TexReg 1582; amended to be effective November 3, 1987, 12 TexReg 3878; amended to be effective August 18, 1989, 14 TexReg 3808; amended to be effective January 1, 1992, 16 TexReg 7488; amended to be effective September 10, 1993, 18 TexReg 5745; amended to be effective February 15, 1996, 21 TexReg 877; amended to be effective August 2, 1998, 23 TexReg 7562; amended to be effective October 14, 1999, 24 TexReg 8748; amended to be effective August 3, 2000, 25 TexReg 7173; amended to be effective September 9, 2001, 26 TexReg 6678; amended to be effective December 28, 2003, 28 TexReg 11258; amended to be effective December 6,2005,30TexReg 8096; amended to be effective November 26, 2006, 31 TexReg 9455; amended to be effective December 4, 2007, 32 TexReg 8826; amended to be effective September 10, 2008, 33 TexReg 7516; amended to be effective December 24, 2009, 34 TexReg 9211; amended to be effective June 13, 2010, 35 TexReg 4717; amended to be effective November 28, 2010, 35 TexReg 10232; amended to be effective February 14, 2016, 41 TexReg 967; amended to be effective September 6, 2016, 41 TexReg 6695; amended to be effective December 6, 2017, 42 TexReg 6795; amended to be effective December 9, 2019, 44 TexReg 7540; amended to be effective December 13, 2021, 46 TexReg 8350; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220582&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220582", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.5", "label": "Clinical Instruction and Practice - Limited License for Clinical Faculty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220583", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Issuance of limited license. The criteria for the issuance of a limited faculty license are as follows:(1) the applicant must be a full-time faculty member of an institution accredited by the Accreditation Council on Optometric Education (ACOE) or a state recognized accrediting entity;(2) the applicant must be a graduate of an institution accredited by the ACOE;(3) the applicant's practice must be limited to the premises of the institution and its affiliated clinics;(4) the practice must be an adjunct to the institution's teaching program; and(5) the applicant must have paid the fees required by §273.4 of this chapter (relating to Fees).(b) Duties and Responsibilities of Dean of Institution. As a condition to continued approval of the institution, the board imposes the following duties and responsibilities upon the dean of the institution relating to those faculty members performing professional optometric services in programs of the institution. The dean shall:(1) furnish each applicant for a limited faculty license a certificate that such applicant is a bona fide member of the faculty;(2) report immediately to the board any information received relating in any way to a member of the faculty holding only a limited license who is performing professional optometric services other than as an adjunct to such faculty member's function at the institution. Every reasonable means to prevent such unlawful practice shall be used by the dean;(3) cooperate fully and completely with the board toward the end that the limited license provided will be used only for the purpose for which it is intended; and(4) promptly notify the board of any changes in limited license personnel on the faculty.(c) Application and renewal. Each member of the faculty desiring a limited license shall make written application to the Executive Director and attach to the application the original certificate of the dean herein above provided and shall enclose therewith the payment of a fee as set forth in §273.4 of this chapter for the issuance of the limited license. The annual renewal fee for a limited license is equal to the fee charged for a regular license as specified in §273.4 of this chapter (relating to Fees). Holders of limited licenses shall also be required to meet the same continuing education requirements as holders of regular licenses. Said renewal fee shall be due on January 1 and expire after December 31 of each renewal cycle. Failure to pay the renewal fee on or before January 1 shall subject the license to the same requirements of renewal as a regular license, including late penalties.(d) Validity of limited license. The limited license shall be valid as long as the holder thereof remains a faculty member of the institution and abides by all regulations of the Board.(e) Limitation of limited license. It shall be a violation of this rule for the holder of a limited license who is not regularly licensed under the statutes to perform optometric services in any manner except as part of the program of the institution and as an adjunct to teaching functions in the institution.(f) Revocation of limited license. Those persons granted a limited license shall be subject to the same disciplinary procedures as the holder of a regular license. If, after disciplinary proceedings as set out in Board rules, a holder of a limited license is found to be in violation of the Texas Optometry Act or Board rules, the Board may revoke the limited license. In such event, the Executive Director shall promptly notify the limited licensee and the dean of the institution.", "sourceNote": "Source Note: The provisions of this §273.5 adopted to be effective September 10, 1993, 18 TexReg 5745; amended to be effective February 18, 1994, 19 TexReg 789; amended to be effective February 15, 1995, 20 TexReg 647; amended to be effective August 2, 1998, 23 TexReg 7563; amended to be effective April 7, 2003, 28 TexReg 2923; amended to be effective May 26, 2013, 38 TexReg 3346; amended to be effective May 30, 2022, 47 TexReg 3138; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220583", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.6", "label": "Licenses for a Limited Period" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220584", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Provisional License.(1) Requirements for Provisional License. On application for examination, a candidate may apply for a provisional license under the following circumstances:(A) The applicant must be licensed in good standing as a therapeutic optometrist in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Texas Optometry Act, and must furnish proof of such licensure on board forms provided.(B) The applicant must have passed the National Board of Examiners in Optometry (NBEO) Examination Parts I and II, after January 1, 1984, and Part III after June of 1994, as well as the Treatment and Management of Ocular Disease (TMOD) Examination after January of 1985 and must submit a true and correct copy of the applicant's score report.(C) The applicant must have satisfied the educational requirement of §271.11 of this title (relating to Required Education for Therapeutic Licensure).(D) The applicant must not have failed an examination for a license conducted by the Board.(E) The applicant's license to practice optometry must not have been revoked or suspended by any jurisdiction.(2) Sponsorship. A candidate for provisional licensure must be sponsored by a therapeutic optometrist who is currently licensed by the Board with the following conditions applicable.(A) Prior to practice in Texas, on forms provided by the Board, the sponsor licensee will certify to the Board the following:(i) that such candidate will be working within the same office as the licensee, under direct supervision of the sponsor licensee; and(ii) that such sponsor licensee is aware of the Act and rules governing provisional licensure and that the sponsorship will cease upon the invalidity of the provisional license.(B) Sponsor licensee will be held responsible for the unauthorized practice of optometry should such provisional license expire.(3) Hardship. An applicant for a provisional license may be excused from the requirements of sponsorship if the Board determines that compliance constitutes a hardship to the applicant.(4) Application and fee.(A) The candidate for provisional licensure will be subject to all application requirements required by Chapter 271 of this title (relating to Licensing) and subject to the applicable fees established under §273.4 of this chapter (relating to Fees (Not Refundable)). In addition, the candidate will be subject to a fee for issuance of a provisional license, as established under §273.4 of this chapter.(B) No provisional license can be issued until all application forms and fees are received and the application is approved.(C) A provisional license expires upon the earlier to occur of the passage of 180 days or notice by the Board of the candidate's successful passage or failure of all examinations required by Chapter 271 of this title. It shall be the responsibility of the candidate and sponsor to return the provisional license to the Board upon expiration.(D) Each candidate for provisional license shall receive only one nonrenewable license prior to the issuance of a therapeutic optometry license.(5) If at any time during the provisional licensure period it is determined that the holder of such provisional license has violated the Optometry Act or Board rules, such provisional license will be subject to termination.(b) Military Limited Volunteer License.(1) Pursuant to §351.266 of the Texas Optometry Act, the Board may issue a military limited volunteer license to practice optometry or therapeutic optometry to an applicant who:(A) is licensed and in good standing, or was licensed and retired in good standing, as an optometrist or therapeutic optometrist in another state;(B) is or was authorized as an optometrist or therapeutic optometrist to treat personnel enlisted in a branch of the United States armed forces or veterans; and(C) meets all other requirements prescribed by Board Rule.(2) The Board may not issue a license under this section to an applicant who:(A) holds an optometry or therapeutic optometry license that:(i) is currently under investigation by a state or territory of the United States, or a uniformed service of the United States;(ii) is or was restricted, cancelled, suspended, revoked, or subject to other discipline or denial of licensure by a state or territory of the United States, or a uniformed service of the United States;(B) holds a license issued by the Drug Enforcement Agency or a state public safety agency to prescribe, dispense, administer, supply, or sell a controlled substance that:(i) is currently under investigation by a state or territory of the United States, or a uniformed service of the United States;(ii) is or was restricted, cancelled, suspended, revoked, or subject to other discipline or denial by a state or territory of the United States, or a uniformed service of the United States; or(C) is currently under investigation or has been convicted of, or placed on deferred adjudication, community supervision, or deferred disposition for a felony or a misdemeanor involving moral turpitude.(3) An optometrist or therapeutic optometrist who practices optometry or therapeutic optometry under a license issued under this section may:(A) only practice at a clinic that primarily treats indigent populations; and(B) not receive direct or indirect compensation or payment of anything of monetary value in exchange for the optometric services rendered by the optometrist or therapeutic optometrist to the indigent patients at the clinic.(4) A military limited volunteer license holder is subject to Board rules, including rules regarding disciplinary action, license registration and renewal.(5) A military limited volunteer license shall be issued for a period of one year and may be renewed and maintained according to registration requirements as prescribed by Board Rules.", "sourceNote": "Source Note: The provisions of this §273.6 adopted to be effective September 10, 1993, 18 TexReg 5745; amended to be effective February 18, 1994, 19 TexReg 789; amended to be effective August 2, 1998, 23 TexReg 7563; amended to be effective March 21, 2012, 37 TexReg 1904; amended to be effective March 23, 2014, 39 TexReg 2079; amended to be effective March 1, 2018, 43 TexReg 1101; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220584", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.7", "label": "Inactive Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220585", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Placing a license on inactive status. A person who is licensed by the Board to practice optometry but who is not engaged in the practice of optometry in this state may place the license on inactive status at the time of license renewal as follows. The licensee shall:(1) complete and submit before the expiration date a license renewal application provided by the Board;(2) state on the renewal application that the license is to be placed on inactive status and that the licensee shall not practice optometry in Texas while the license is inactive; and(3) pay the fee for renewal of license as specified in §273.4 of this chapter (relating to Fees (Not Refundable)). Penalty fees as provided by Section 351.304 of the Act, will apply to those received after December 31 of the applicable renewal period.(b) Reactivation of an Inactive License. A holder of a license that is on inactive status may return the license to active status by:(1) applying for active status on a form prescribed by the Board;(2) providing proof of completion certificates from approved continuing education programs as specified in Chapter 275 of this title (relating to Continuing Education Requirements) for the number of hours that would otherwise have been required for the renewal of the license. Approved continuing education earned within the two years prior to the licensee applying for the return to active status may be applied toward the continuing education requirement; and(3) paying the license renewal fee specified in §273.4 of this chapter (relating to Fees (Not Refundable)).(c) Prohibition against practicing optometry in Texas. A holder of a license that is on inactive status shall not practice optometry in this state. The practice of optometry by a holder of a license that is on inactive status constitutes the practice of optometry without a license.", "sourceNote": "Source Note: The provisions of this §273.7 adopted to be effective September 10, 1993, 18 TexReg 5745; amended to be effective August 2, 1998, 23 TexReg 7563; amended to be effective April 7, 2003, 28 TexReg 2923; amended to be effective December 6, 2005, 30 TexReg 8096; amended to be effective December 24, 2009, 34 TexReg 9211; amended to be effective August 27, 2023, 48 TexReg 4665; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220585", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.8", "label": "Renewal of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220586", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Expired license.(1) If a license is not renewed on or before the expiration date, it becomes expired. All licenses renew on a biennial basis. Initial licenses expire on the second January 1 after the date the license is first issued.(2) If a person's license has been expired for 90 days or less, the person may renew the license by paying to the Board the amount of one and one-half times the renewal fee.(3) If a person's license has been expired for longer than 90 days but less than one year, the person may renew the license by paying to the Board the amount of two times the renewal fee.(4) If a person's license has been expired for one year or longer, the person may not renew the license but may obtain a new license by reapplying and passing the jurisprudence exam and complying with the requirements and procedures for obtaining an initial license. However, the Board may reinstate a license without requiring reapplication and reexamination of the jurisprudence examination an expired license of a person who was previously licensed in Texas, is currently licensed in another state, and has been in practice as a therapeutic optometrist for two years immediately preceding application for reinstatement. The person shall be required to furnish documentation of continuous practice for the two-year period and pay the renewal fee as established by subsection (a)(3) of this section. The person must furnish license verifications from each state in which the person is currently or previously licensed. A license renewal under this section is subject to the same requirements of §351.501 of the Act as a license applicant.(5) For licenses expired for more than one year, if the person was not licensed as a therapeutic optometrist when the license expired, the person must also complete the requirements for therapeutic license as outlined in Chapter 271 of this title prior to obtaining a new license.(6) A licensee receiving a felony or misdemeanor criminal conviction as outlined under Occupations Code Chapter 53 shall report the conviction on the next license renewal. This requirement is in addition to the 30 day reporting requirement in §277.5 of this title (relating to Convictions). This paragraph does not require the reporting of a Class C Misdemeanor traffic violation. The failure of a licensee to report a criminal conviction is deceit, dishonesty and misrepresentation in the practice of optometry and authorizes the Board to take disciplinary action under §351.501 of the Act. The licensee shall furnish any document relating to the criminal conviction as requested by the Board.(7) Only an active licensee who has provided a complete fingerprint criminal history report to the Board is eligible to renew a license.(b) Mandatory Continuing Education for Renewal of License.(1) The Board may not issue a renewal license to a licensee who has not complied with the mandatory continuing education requirements unless an exemption provided by §275.1 of this title (relating to General Requirements) is applicable.(2) If a licensee has not fulfilled the required continuing education requirements prior to the license renewal date, the license shall expire. To renew that expired license, the licensee may obtain and provide the Board with certified records that the licensee has, since the expiration of the license, completed sufficient hours of approved continuing education courses to satisfy any deficiency. Education obtained for renewal of an expired license cannot be applied toward subsequent renewal of license.(3) The licensee cannot practice optometry until such time as education is obtained and the expired license has been renewed.(4) The licensee must pay to the Board the license renewal fee with a late penalty fee authorized by §351.304 of the Act, plus a penalty authorized by §351.308 of the Act.(5) The Executive Director shall determine if all requirements for renewal of license have been fulfilled, and will notify the licensee when the practice of optometry can resume.(6) To practice optometry with an expired license shall constitute the practice of optometry without a license.(c) Outstanding Administrative Penalty or Failure to Comply with Board Condition.(1) The Board may refuse to renew a license to a person who has:(A) not paid an administrative penalty owed to the Board at the time of renewal; or(B) not complied with a term or condition of a disciplinary order or agreement issued by the Board.(2) The Board may refuse to renew a license, until such time as:(A) every administrative penalty payable on or before the time of renewal is paid; or(B) all terms or conditions of a disciplinary order or agreement issued by the Board are satisfied.", "sourceNote": "Source Note: The provisions of this §273.8 adopted to be effective September 10, 1993, 18 TexReg 5745; amended to be effective August 2, 1998, 23 TexReg 7563; amended to be effective April 7, 2003, 28 TexReg 2923; amended to be effective December 28, 2003, 28 TexReg 11258; amended to be effective September 13, 2005, 30 TexReg 5800; amended to be effective September 12, 2007, 32 TexReg 6153; amended to be effective March 9, 2009, 34 TexReg 1591; amended to be effective August 28, 2011, 36 TexReg 5362; amended to be effective September 11, 2017, 42 TexReg 4650; amended to be effective September 27, 2018, 43 TexReg 6281; amended to be effective December 9, 2019, 44 TexReg 7540; amended to be effective August27,2023, 48 TexReg 4665; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220586&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220586", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.9", "label": "Public Interest Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220587", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order for the public to be informed regarding the functions of the Board and the Board's procedures by which complaints are filed with and resolved by the Board, each licensee is required to display at every location where optometric services are provided information regarding the Board's name, address, and telephone number.(b) The licensee may either display a placard or sign furnished by the Board or provide to all patients and consumers a consumer pamphlet developed by the Board containing the name of the Board, mailing address, and telephone number for the purpose of directing complaints to the Board.(c) The placard or sign shall be conspicuously and prominently displayed in a location where it may be seen by all patients.(d) The consumer pamphlet, if chosen, shall be prominently displayed and available to patients at all times.", "sourceNote": "Source Note: The provisions of this §273.9 adopted to be effective November 18, 1993, 18 TexReg 8197; amended to be effective August 1, 1999, 24 TexReg 5871; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220587&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220587", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.10", "label": "Nonrenewal for Failure to Pay Child Support" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214897", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §232.0135 of the Family Code, an application for license renewal will not be accepted if a child support agency provides the Board with notice that a licensee has failed to pay child support for six months or more and requests that the Board deny the renewal of an existing license.(b) The application will be considered once the Board receives notice from the child support agency that the licensee has met one or more of the requirements set out in §232.0135(b) of the Family Code.(c) The Board may charge the licensee a fee in an amount sufficient to recover the administrative costs incurred by the Board under this chapter.", "sourceNote": "Source Note: The provisions of this §273.10 adopted to be effective January 7, 1994, 18 TexReg 9930; amended to be effective June 3, 2008, 33 TexReg 4302; amended to be effective November 1, 2020, 45 TexReg 7587; amended to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214897&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214897", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.12", "label": "Profile Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "143699", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All licensees shall provide, on each application for renewal of license, the information listed in subsection (b). New licensees shall provide the information listed in subsection (b) prior to receiving a license.(b) Each license holder is required to furnish:(1) the name of the license holder and the address and telephone number of the license holder's primary practice location; and(2) a personal email address.", "sourceNote": "Source Note: The provisions of this §273.12 adopted to be effective March 28, 2002, 27 TexReg 2237; amended to be effective August 27, 2023, 48 TexReg 4665." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=143699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "143699", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.13", "label": "Contract or Employment with Community Health Centers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214898", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Community Health Center. A nonprofit corporation under the Texas Non-Profit Corporation Act and §501(c)(3), Internal Revenue Code of 1986 that is organized and operated as either:(A) a migrant, community, or homeless health center under the authority of and in compliance with 42 U.S.C. §254b or §254c; or(B) a federally qualified health center under 42 U.S.C. §1396d(l)(2)(B).(2) Application for Certification by Board. A completed application contains:(A) the completed application form provided by the Board,(B) the certificate of incorporation under the Texas Non-Profit Corporation Act;(C) documentation that the organization is tax exempt under §501(c)(3) of the Internal Revenue Code and,(D) documentation that the organization is organized and operated as a migrant, community, or homeless health center under the authority of and in compliance with 42 U.S.C. §254b or §254c, or is a federally qualified health center under 42 U.S.C. §1396d(1)(2)(B).(3) Certified Community Health Center. A community health center certified by the Board as making application and meeting the requirements of this section and therefore authorized to employ an optometrist or therapeutic optometrist. A certified community health center shall annually report to the Board the status of the community health center under paragraph (1) of this subsection, and shall notify the Board immediately if the health center no longer meets the requirements of paragraph (1) of this subsection. The Board shall remove the certification granted if the community health center does not meet the requirements of paragraph (1) of this subsection.(b) Section 351.367 of the Optometry Act authorizes an optometrist or therapeutic optometrist to contract with or be employed by a certified community health center to practice optometry and therapeutic optometry.", "sourceNote": "Source Note: The provisions of this §273.13 adopted to be effective December 24, 2009, 34 TexReg 9211." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214898", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.14", "label": "License Applications for Military Service Member, Military Veteran, and Military Spouse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214899", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) \"Military service member\" means a person who is on active duty.(2) \"Military spouse\" means a person who is married to a military service member.(3) \"Military veteran\" means a person who has served on active duty, who was discharged or released from active duty, and who was not dishonorably discharged.(4) \"Active duty\" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by §437.001, Government Code, or similar military service of another state.(5) \"Armed forces of the United States\" means the army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(b) License eligibility requirements for applicants with military experience.(1) Verified military service, training, or education will be credited toward the licensing requirements, other than an examination requirement, of an applicant who is a military service member or military veteran.(2) This subsection does not apply if the applicant holds a restricted license issued by another jurisdiction or has an unacceptable criminal history.(c) Alternate licensing procedure authorized by Texas Occupations Code §55.004 and §55.005.(1) Applicants currently licensed in another state.(A) Application.(i) The military service member, military veteran or military spouse applicant must be licensed in good standing as a therapeutic optometrist or the equivalent in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Act.(ii) The military service member, military veteran or military spouse applicant shall submit a completed Military application, including the submission of proof of the applicant's status as a military service member, military veteran or military spouse along with all documents required under §271.2 of this title.(iii) A military service member, military veteran, or military spouse licensed in another state is exempt from the application fee in §273.4 of this chapter (relating to Fees (Not Refundable)). Such an applicant is not exempt from exam administration fees charged for an exam administered by an organization or person other than the Board.(iv) A license issued under this subsection shall be a license to practice therapeutic optometry with the same obligations and duties required of a licensed therapeutic optometrist and subject to the same disciplinary requirements for that license.(B) License Renewal.(i) Initial military licenses expire on the second January 1 after the date the license is first issued. If the initial license is timely renewed, the licensee may thereafter renew the license by paying the renewal fee prior to the expiration date set in §273.8 of this chapter.(ii) The requirements for renewing the license are the same as the requirements for renewing an active license.(2) Requirements for license for military requirements for renewing an active service member, military veteran or military spouse applicant not currently licensed to practice optometry who was licensed in Texas within five years of the application submission.(A) Application.(i) The military service member, military veteran or military spouse applicant shall submit a completed Military application, including the submission of proof of the applicant's status as a military service member, military veteran or military spouse along with all documents required under §271.2 of this title.(ii) An application fee in the same amount as the application fee set out in §273.4 of this chapter must be submitted with the application.(iii) A license issued under this subsection shall be a license to practice therapeutic optometry with the same obligations and duties required of a licensed therapeutic optometrist and subject to the same disciplinary requirements for that license.(B) License Renewal.(i) Initial military licenses expire on the second January 1 after the date the license is first issued. If the initial license is timely renewed, the licensee may thereafter renew the license by paying the renewal fee prior to the expiration date set in §273.8 of this chapter.(ii) The requirements for renewing the license are the same as the requirements for renewing an active license.(d) Alternative method to demonstrate competency. To protect the health and safety of the citizens of this state, a license to practice optometry requires the licensee to obtain a doctorate degree in optometry and passing scores on lengthy and complex nationally accepted examinations. An alternative method to demonstrate competency is not available at this time.(e) Alternate licensing procedure for military service member or military spouse authorized by Texas Occupations Code §55.0041.(1) Application.(A) The military service member or military spouse applicant must be licensed in good standing as a therapeutic optometrist or the equivalent in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Act. For purposes of this subsection, the Board finds that every state and territory that issues a therapeutic license to a graduate of an accredited optometry school has licensing requirements that are substantially equivalent to the requirements of the Act.(B) The military service member or military spouse applicant shall submit:(i) proof of the service member's or spouse's residency in this state and a copy of the service member's or spouse's military identification card;(ii) a completed Federal Bureau of Investigation fingerprint card provided by the Board;(iii) an official license verification from the state in which the applicant is licensed that has licensing requirements substantially equivalent to the Act; and(iv) application form.(2) License.(A) A license issued under this subsection:(i) shall be a license to practice therapeutic optometry with the same obligations and duties required of a licensed therapeutic optometrist and subject to the same disciplinary requirements for that license,(ii) will expire three years after the license is issued, or if occurring prior to the expiration of the three-year period, the date when the military service member or military spouse is no longer stationed at a military installation in this state, and(iii) may not be renewed.(B) The application and license is exempt from the Texas Jurisprudence Examination and the application fee and initial license fee in §273.4 of this chapter.", "sourceNote": "Source Note: The provisions of this §273.14 adopted to be effective March 23, 2014, 39 TexReg 2079; amended to be effective March 29, 2016, 41 TexReg 2316; amended to be effective December 9, 2019, 44 TexReg 7540; amended to be effective August 27, 2023, 48 TexReg 4665." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214899", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.15", "label": "Retired License for Volunteer Charity Care" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205136", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Retired License. The Board may issue a Retired License to optometrists or therapeutic optometrists whose only practice is volunteer charity care pursuant to this section.(b) Application. An optometrist holding a current license may apply for a Retired License by submitting to the Board a completed application with the license fee required by §273.4 of this chapter (relating to Fees (Not Refundable)). There is no charge to apply. A Retired License will not be issued to applicants subject to current or pending disciplinary action. In determining whether to grant retired status, the board shall consider the age, years of practice, and status of the license holder at the time of the application. Applicants must supply proof that the continuing education requirements for a Retired License have been met in §275.1(g)(1) of this title (relating to General Requirements).(c) Application by Expired Licensee. A former therapeutic optometrist whose license has expired for one year or more may apply for a Retired License by submitting to the Board a completed application with the license fee required by §273.4 of this chapter. There is no charge to apply. A Retired License will not be issued to applicants subject to current or pending disciplinary action. Applicants must supply proof of having met the continuing education requirements of §275.1(g)(2) of this title. An applicant for a Retired License whose license has been expired for five years or more must supply proof of a passing score on the jurisprudence examination taken within the one year period prior to the submission of the application. In determining whether to grant retired status, the Board shall consider the age, years of practice, and status of the license holder at the time of the application.(d) Scope of License. The holder of a Retired License may practice optometry or therapeutic optometry in the same manner as an active licensee of the Board, subject to the restrictions contained in this section. A holder of a Retired License may only practice optometry or therapeutic optometry when such practice is without compensation or expectation of compensation (except for the reimbursement of travel and supply expenses) as a direct service volunteer of a charitable organization.(e) Charitable Organization. A charitable organization includes any bona fide charitable, religious, prevention of cruelty to children or animals, youth sports and youth recreational, neighborhood crime prevention or patrol, or educational organization (excluding fraternities, sororities, and secret societies), or other organization organized and operated exclusively for the promotion of social welfare by being primarily engaged in promoting the common good and general welfare of the people in a community, including these types of organizations with a §501(c)(3) or (4) exemption from federal income tax, some chambers of commerce, and volunteer centers certified by the Department of Public Safety.(f) Renewal. A Retired License expires on the same date as a regular license. Prior to renewing the license, the licensee must supply proof that the continuing education requirements for a Retired License have been met. The license renewal fee is set in §273.4 of this chapter.(g) Penalty. The holder of a Retired License shall not receive compensation for the practice of optometry. To do so constitutes the practice of optometry without a license and subjects the optometrist or therapeutic optometrist to the penalties imposed for this violation.(h) Reinstatement of an Active License by a Holder of a Retired License. Retired licensees may apply for reinstatement by submitting to the Board a completed application with the application fee required by §273.4 of this chapter. Applicants must supply proof that the continuing education requirements for an active license have been met.", "sourceNote": "Source Note: The provisions of this §273.15 adopted to be effective August 27, 2023, 48 TexReg 4665." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205136", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.16", "label": "Licensee Compliance With Board Investigations and Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209809&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209809", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon a request of the Board or Board staff, a licensee shall furnish to the Board complete copies of patient records within 14 days of the written request. The patient's privilege against disclosure does not apply to the Board in a disciplinary investigation or a proceeding under the Optometry Practice Act.(b) Failure to timely respond to a request for records may be grounds for disciplinary action and/or administrative penalties.", "sourceNote": "Source Note: The provisions of this §273.16 adopted to be effective May 31, 2021, 46 TexReg 3393." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209809&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209809", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.17", "label": "Emergency Management" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220588", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Cardiopulmonary resuscitation (CPR) is an emergency lifesaving procedure performed when the heart stops beating. A certification in CPR includes training and successful course completion in cardiopulmonary resuscitation, AED and obstructed airway procedures for all age groups according to recognized national standards.(2) Basic Life Support (BLS) is a basic level of pre-hospital and inter-hospital emergency care and non-emergency medical services care. A certification in BLS includes training and successful course completion in airway management, cardiopulmonary resuscitation (CPR), control of shock and bleeding and splinting of fractures, according to recognized national standards.(b) Requirement for Initial License. Commencing effective January 1, 2023, all applicants for initial licensure shall provide proof of successful completion of a CPR or BLS certification prior to receiving a license.(c) Requirement for Renewal of License. Effective January 1, 2023, all active licensees shall provide proof of successful completion of a CPR or BLS certification for renewal of a license each renewal cycle. Licensees may be credited two general hours of continuing education for CPR certification and four general hours of continuing education for BLS certification.", "sourceNote": "Source Note: The provisions of this §273.17 adopted to be effective August 18, 2022, 47 TexReg 4852." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220588&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220588", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "273", "label": "GENERAL RULES" }, "rule": { "number": "§273.18", "label": "Clinical Instruction for Optometry Student" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222302", "queryAsDate": "03/11/2026" }, "ruleBody": "A student currently enrolled in an approved college of optometry or school may participate in clinical instruction and practice, provided that:(1) The clinical instruction and practice is conducted on the premises of an approved college of optometry or school, or the affiliated clinics and offices, under the instruction and supervision of a licensed optometrist, or physician employed by the college of optometry; or(2) The clinical instruction and practice is conducted as an externship in the office of a licensed optometrist or physician appointed as a clinical instructor by an approved college of optometry or school. The clinical training must be under the instruction and supervision of the appointed clinical instructor.", "sourceNote": "Source Note: The provisions of this §273.18 adopted to be effective September 16, 2024, 49 TexReg 7324." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222302", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "275", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§275.1", "label": "General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226018", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Number of hours required to renew.The Act requires each optometrist licensed in this state to take 32 hours of continuing education per two-year renewal cycle with at least 24 hours in the diagnosis or treatment of ocular disease. Additionally, the subject of at least two hours of the required 32 hours shall be professional responsibility as defined in subsection (b)(1)(H) of this section.(b) Providers.(1) The Board has determined that the following providers who provide courses in subjects directly related to optometry may satisfy the criteria for acceptable continuing education hours and may be given automatic approval:(A) Courses sponsored by an optometry college or school accredited by the American Optometric Council on Education (ACOE);(B) Courses sponsored by the American Optometric Association (AOA) or an affiliate of the AOA;(C) Courses sponsored by the American Academy of Optometry (AAO) or an affiliate of AAO;(D) Courses accredited by the Council on Optometric Provider Education (COPE);(E) Courses sponsored and or approved by the Texas Health and Human Services Commission;(F) Courses sponsored by the American Board of Optometry;(G) Courses approved by the Accreditation Council for Continuing Medical Education (AACME); and(H) Courses in professional responsibility given by a board accredited in-state college or school of optometry may be given approval if the course:(i) is made available as a live course in this state and on the internet; and(ii) includes the study of professional ethics, the Texas Optometry Act and Board Rules, judicious prescribing of dangerous drugs, pain management, or drug abuse by professionals.(2) Notwithstanding the automatic approvals contemplated in paragraph (1) of this subsection, the Board shall be entitled to reject individual courses.(c) Provider Approval. Continuing education providers who are not preapproved under subsection (b) of this section shall make application and submit required materials to the Board through the continuing education tracking system outlined in §275.3 of this chapter (relating to Continuing Education Tracking System). Failure to utilize the Board's continuing education tracking system or submit any of the required materials shall be grounds to reject the application request. Provider applications may be approved by the Board upon recommendation from the Continuing Education Committee.(d) Renewal requirements. Licensees who have not complied with the education requirements may not be issued a renewal license unless such person is entitled to an exemption under §351.309 of the Act. The following persons are exempt:(1) a licensee under §273.7 of this title (relating to Inactive Licenses); provided the licensee shall obtain 16 hours of Board approved continuing education prior to reactivating the license. At least 12 hours of the required 16 hours shall be in the diagnosis or treatment of ocular disease and one hour shall be professional responsibility as defined in subsection (b)(1)(H) of this section;(2) a licensee who served in the regular armed forces of the United States during part of the period immediately preceding the license renewal date; or(3) upon recommendation from the Continuing Education Committee and approval by the Board, a licensee who submits proof that the licensee suffered a serious or disabling illness or physical disability which prevented the licensee from complying with the requirements of this section during the license renewal period.(e) Availability. Approved courses must be available to all Texas licensed optometrists at a fee considered reasonable and nondiscriminatory.(f) Proof of Attendance. Proof of attendance and completion of approved courses must be supplied by the licensed optometrist to the Board through the continuing education tracking system outlined in §275.3 of this chapter (relating to Continuing Education Tracking System). Approved providers of continuing education may submit proof of attendance and completion of approved courses on behalf of the licensed optometrist through the continuing education tracking system outlined in §275.3 of this chapter. Information such as the following will be required: sponsoring organizations; location and dates; course names; instructors; names of attendee; number of education hours completed; and any other information deemed necessary by the Board.(g) Retired License Continuing Education.The holder of a retired license shall obtain 16 hours of Board approved continuing education prior to renewing the license. All of the hours may be obtained asynchronously. At least one half of these hours must be diagnostic/therapeutic as approved by the Board and one hour must be professional responsibility.(h) Expired License Continuing Education. An applicant whose license has expired for one year or more shall obtain 16 hours of Board approved continuing education during the calendar year preceding the date of application. At least 12 hours of the required 16 hours shall be in the diagnosis or treatment of ocular disease and one hour shall be professional responsibility as defined in subsection (b)(1)(H) of this section. At least eight of the required hours must be in a live or synchronous format.(i) New Licensees Continuing Education. A new licensee is exempt from Board mandated continuing education for the remainder of the first calendar year of the initial license period. The new licensee is required to take 16 hours of continuing education during the second calendar year of the initial license period. At least 12 hours of the required 16 hours shall be in the diagnosis or treatment of ocular disease and one hour shall be professional responsibility as defined in subsection (b)(1)(H) of this section. At least eight of the required hours must be in a live or synchronous format.(j) Of the required 32 hours of continuing education, at least 16 hours must be in a live or synchronous format. A synchronous format means there is direct real-time audio-visual interaction between the licensee and the provider.", "sourceNote": "Source Note: The provisions of this §275.1 adopted to be effective August 11, 1983, 8 TexReg 2934; amended to be effective March 4, 1985, 10 TexReg 631; amended to be effective May 31, 1988, 13 TexReg 2317; amended to be effective January 1, 1994, 18 TexReg 5745; amended to be effective July 19, 1994, 19 TexReg 5169; amended to be effective May 17, 1996, 21 TexReg 3942; amended to be effective May 28, 1997, 22 TexReg 4362; amended to be effective February 11, 1998, 23 TexReg 1024; amended to be effective April 7, 2003, 28 TexReg 2924; amended to be effective December 6, 2005, 30 TexReg 8097; amended to be effective June 3, 2008, 33 TexReg 4302; amended to be effective December 24, 2009, 34 TexReg 9212;amended to be effective June 4, 2019, 44 TexReg 2713; amended to be effective December 9, 2019, 44 TexReg 7543; amended to be effective December 13, 2021, 46 TexReg 8351; amended to be effective November 25, 2024, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226018", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "275", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§275.2", "label": "Required Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222304", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Education for an advanced degree in optometric field or optometrically related field. One-hour credit will be given for each semester hour earned, and a total of 16 credit hours will be allowed for each full academic year of study.(b) Research in lieu of training. Credit will be given only for full-time research. Sixteen credit hours will be given for each full year of research.(c) Teaching. One credit hour is allowed for each education hour of teaching of board-approved continuing education courses.(d) Clinical rotations or rounds. One hour of continuing education credit will be given for each two clock hours spent on clinical rounds. Credit will be given for a maximum of eight hours of clinical rotations or rounds hours taken during the two-year period preceding license renewal. Sponsoring organizations and universities must submit information regarding scheduled rounds and certify to the Board at least on a quarterly basis the number of continuing education hours obtained.(e) Requirements for renewal of license imposed by other state law. One-hour human trafficking course. All active licensees who provide direct patient care shall complete one-hour of human trafficking continuing education prior to each biennial renewal as required by §116.003 of the Occupations Code. The courses taken to satisfy the human trafficking requirement shall include information on identifying and assisting victims of human trafficking and be approved by the Texas Health and Human Services Commission.", "sourceNote": "Source Note: The provisions of this §275.2 adopted to be\r\neffective August 11, 1983, 8 TexReg 2934; amended to be effective\r\nMarch 4, 1985, 10 TexReg 631; amended to be effective August 5, 1985,\r\n10 TexReg 2356; amended to be effective February 11, 1987, 12 TexReg\r\n344; amended to be effective May 28, 1990, 15 TexReg 2756; amended\r\nto be effective June 2, 1992, 17 TexReg 3731; amended to be effective\r\nJanuary 1, 1994, 18 TexReg 5745; amended to be effective May 17, 1996,\r\n21 TexReg 3942; amended to be effective May 28, 1997, 22 TexReg 4362;\r\namended to be effective March 28, 2002, 27 TexReg 2237; amended to\r\nbe effective December 9, 2019, 44 TexReg 7543; amended to be effective\r\nJuly 19, 2020, 45 TexReg 4985; amended to be effective May 31, 2021,\r\n46 TexReg 3393; amended to be effective November 25, 2024, 49 TexReg\r\n9550; amended to be effective September 8, 2025, 50 TexReg 5935." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222304", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "275", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§275.3", "label": "Continuing Education Tracking System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212395", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensee shall submit proof of completion for each continuing education course taken to the continuing education tracking system.(b) Each licensee is responsible for reviewing the information contained in the tracking system to ensure its accuracy.(c) Board staff will verify completion of continuing education renewal requirements through the tracking system.", "sourceNote": "Source Note: The provisions of this §275.3 adopted to be effective August 23, 2021, 46 TexReg 5188; amended to be effective November 25, 2024, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212395", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.1", "label": "Complaint Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212396", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Pursuant to §351.205 of the Act, the Board is authorized to adopt rules relating to the investigation of complaints filed with the Board.(b) Complaints. Complaints shall be submitted on the official complaint form. The Board shall protect the identity of a complainant in the investigative process to the extent possible. Complaints shall contain the following information:(1) the name and contact information of the complainant (and patient);(2) the name and contact information of the person the complaint is filed against;(3) the date, time, and place of occurrence of alleged violation of the Act or Board rules;(4) the type of service (in-person or telehealth);(5) the complete description of incident giving rise to the complaint; and(6) the express authorization to release patient records to the Board where applicable.(c) Classification of Complaints. All complaints received shall be sent to the Executive Director. The Board shall determine jurisdiction and distinguish between categories of complaints as follows:(1) Non-jurisdictional. A complaint is non-jurisdictional if the Board does not have any authority over the subject of the complaint. If possible, these complaints shall be referred to an agency having jurisdiction over the complaint.(2) Jurisdictional. A complaint is jurisdictional if it alleges conduct that, if true, would constitute a violation of the Act or Board rules. A jurisdictional complaint may require a Board investigation including but not limited to a Board member expert review and/or contractual third-party expert review. The Board shall further classify these complaints according to the schedule in subsection (d) of this section. These complaints shall be processed according to subsection (e) of this section.(d) Classification of Jurisdictional Complaints. All jurisdictional complaints shall be classified in one of the following categories:(1) Complaints of high priority. This includes, but is not limited to, complaints alleging:(A) professional misconduct,(B) qualifications of applicants or licensees,(C) unauthorized practice;(D) other acts or the failure to act that potentially threatens the public health, and(E) a violation of the professional standard of care. The processing of these complaints shall have priority over normal priority complaints. The Board shall evaluate complaints of high priority to determine whether an emergency temporary suspension shall be sought under §277.8 of this title.(2) Complaints of normal priority. This includes, but is not limited to, complaints alleging:(A) advertising violations,(B) violations of the Act or Board Rules resulting in economic harm, and(C) violations of the Act regarding notice that do not potentially threaten the public health.(3) Glaucoma. All complaints received relating to glaucoma shall be considered high-priority and shall be investigated pursuant to the process outlined by §277.13 and §277.14.(e) Investigation-Enforcement Committee.(1) Makeup of Committee. The Chair shall appoint a committee to consider all jurisdictional complaints referred from Board staff. The committee shall be known as the Investigation-Enforcement Committee and shall be composed of board members who are licensed optometrists or therapeutic optometrists.(2) Authority of Committee. The Committee shall have the power to make recommendations regarding resolution and disposition of specific cases such as those regarding professional competency or recommendations regarding dismissals of complaints and closure or investigations. The Committee may issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of books, records, and documents, to issue commissions to take depositions, to administer oaths and to take testimony concerning all matters within the assigned jurisdiction. In addition to subpoena power, each member of the committee may authorize the Executive Director to investigate an alleged violation.(3) Disposition of Complaint. During the investigation of a filed jurisdictional complaint related to professional competency, members of the Committee may determine:(A) whether a violation of the Act or Board rules has occurred;(B) whether to dismiss the matter and take no further action;(C) whether to conduct further investigations;(D) whether to forward to the Board the Committee's determination that a violation of the Act may have occurred together with a recommendation that the Board issue a remedial plan;(E) whether to forward to the Board the Committee's determination that a violation of the Act may have occurred together with a recommendation that proceedings be instituted with the State Office of Administrative Hearings to consider disciplinary action, sanctions, administrative penalties, issuance of cease and desist orders, or refusal to issue a license;(F) whether to forward to the Board the Committee's determination that some person, firm, or corporation may be practicing optometry without a license or otherwise violating the provisions of the Act, along with the members' recommendation that the board notify the attorney general or appropriate district attorney with accompanying request that appropriate action be taken in accordance with law; and(G) whether to forward to the Executive Director the Committee's determination of findings applicable to subparagraphs (D) and (E) of this paragraph to issue a remedial plan or for assessment of administrative penalties.(f) Complaints Investigated by Staff. Board staff may investigate jurisdictional complaints that do not directly relate to patient care and the investigation or disposition of which do not require expertise in optometry or therapeutic optometry. During the investigation, Board staff may consult members of the Investigation-Enforcement Committee to assist with the investigation. A complaint shall be directed to the Investigation-Enforcement Committee if the Executive Director determines that the complaint should not be dismissed or settled or the Executive Director is unable to reach an agreed settlement.(g) Notification and Request for Information. Once an investigation commences, Board staff shall notify the subject of the complaint and request a written response to the allegations along with patient charts and any other relevant information. The subject of the complaint shall have 14 days from the receipt of the Board's request to respond pursuant to §273.16 of this title. The Executive Director may extend the time period upon a showing of good cause by the subject of the complaint.(h) Dismissal and Tracking of Complaints. A complaint shall not be dismissed without appropriate consideration. The Board and complainant shall be advised of complaint dismissals. A complaint dismissed by the Executive Director shall be approved by the Board at a Board Meeting. The Executive Director shall make a report at each board meeting regarding complaints to the Board.(i) Basic Competence Violations.(1) If during the investigation of an optometrist's or therapeutic optometrist's compliance with Section 351.353 of the Act and §279.1 or §279.3 of this title, the optometrist or therapeutic optometrist failed to complete all the of required findings in an initial examination at which a prescription for corrective lenses is written, the completed investigation report will be classified as a complaint and forwarded by the Executive Director to the Investigation-Enforcement Committee.(2) In determining the action to take under subsection (e)(3), if any, the Investigation-Enforcement Committee shall consider the seriousness of the omitted finding, the compliance history of the optometrist or therapeutic optometrist, and prior actions of the Board concerning similar complaints. Omission of four or more basic competency findings requires the committee members to conduct an informal conference.", "sourceNote": "Source Note: The provisions of this §277.1 adopted to be effective August 11, 1983, 8 TexReg 2934; amended to be effective January 7, 1994, 18 TexReg 9931; amended to be effective February 15, 1995, 20 TexReg 647; amended to be effective May 17, 1996, 21 TexReg 3942; amended to be effective May 10, 1998, 23 TexReg 4266; amended to be effective October 1, 1998, 23 TexReg 9744; amended to be effective May 7, 2000, 25 TexReg 3953; amended to be effective December 19, 2004, 29 TexReg 11467; amended to be effective December 6, 2005, 30 TexReg 8097; amended to be effective March 23, 2014, 39 TexReg 2079; amended to be effective December 6, 2017, 42 TexReg 6796; amended to be effective February 12, 2023, 48TexReg 675." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212396&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212396", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.2", "label": "Disciplinary Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212397", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General statement. In a contested case before the Board, proceedings shall be governed by the Administrative Procedure Act (APA), except as specifically provided in the Optometry Act. In any contested case, opportunity shall be afforded to all parties to respond and present evidence and argument on all issues involved. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, default, refund of examination fees, remedial plan or dismissal.(b) Informal disposition of contested case. Prior to the imposition of disciplinary sanctions, remedial plan, or administrative penalties against a respondent (a licensee or a person issued a cease and desist order), the respondent shall be offered an opportunity to attend an informal conference and show compliance with all requirements of law, in accordance with the APA.(1) Informal conferences shall be attended by the Executive Director, the Board's legal counsel, the two members of the Investigation-Enforcement Committee, a public member, and other representatives of the Board as the Executive Director and legal counsel may deem necessary for the proper conduct of the conference. The respondent and/or the authorized representative may attend the informal conference and shall be provided an opportunity to be heard.(2) In any case where charges are based upon information provided by a person who filed a complaint with the Board (complainant), the complainant may attend the informal conference, and shall be provided with an opportunity to be heard. Nothing herein requires a complainant to attend an informal conference.(3) Notice of the informal conference shall include:(A) a statement of the legal authority, jurisdiction, and alleged conduct under which the enforcement action is based, with a reference to the particular section(s) of the statutes and rules involved;(B) an offer for the respondent to attend an informal conference at a specified time and place and show compliance with all requirements of law, in accordance with Chapter 2001 of the Administrative Procedure Act;(C) a statement that the respondent has an opportunity for a hearing before the State Office of Administrative Hearings on the allegations; and(D) the following statement in capital letters in 12 point boldface type: FAILURE TO RESPOND TO THE ALLEGATIONS, BY EITHER PERSONAL APPEARANCE AT THE INFORMAL CONFERENCE OR IN WRITING, WILL RESULT IN THE ALLEGATIONS BEING ADMITTED AS TRUE AND THE RECOMMENDED SANCTION MADE AT THE INFORMAL CONFERENCE BEING GRANTED BY DEFAULT. The notice shall be served by delivering a copy to the respondent or licensee in person, by courier receipted delivery, or by certified or registered mail, return receipt requested, to the licensee's last known address of record as shown by agency records, not less than 10 days prior to the date of the conference.(4) The respondent shall respond by either personal appearance at the informal conference or in writing no later than the date of the informal conference. If the respondent chooses to respond in writing, the response shall admit or deny each of the allegations. If the respondent intends to deny only a part of an allegation, the respondent shall specify so much of it is true and shall deny only the remainder. The response shall also include any other matter, whether of law or fact, upon which the respondent intends to rely for his or her defense. If the respondent fails to respond to the notice specified in this subsection, the matter will be considered as a default case and the respondent will be deemed to have:(A) admitted all the factual allegations in the notice specified in this subsection;(B) waived the opportunity to show compliance with the law;(C) waived notice of a hearing;(D) waived the opportunity for a hearing on the allegations; and(E) waived objection to the recommended sanctions made at the informal conference.(5) The Investigation-Enforcement Committee may recommend that the Board enter a default order, based upon the allegations set out in the notice specified in this subsection, adopting the recommended sanctions made at the informal conference. Upon consideration of the case, the Board may enter a default order under §2001.056 of the Administrative Procedure Act or direct that the case be set for a hearing at the State Office of Administrative Hearings.(6) Any default judgment granted under this section will be entered on the basis of the factual allegations in the notice and upon proof of proper notice to the respondent's address of record as specified in paragraph (3) of this subsection.(7) A motion for rehearing which requests that the Board vacate its default order under this section shall be granted if the motion presents convincing evidence that the failure to respond to the notice specified in this subsection was not intentional or the result of conscious indifference, but due to accident or mistake, provided that the respondent has a meritorious defense to the factual allegations contained in the notice specified in this subsection and the granting thereof will not result in delay or injury to the public or the Board.(8) Informal conferences shall not be deemed to be meetings of the Board and no formal record of the proceedings at the conferences shall be made or maintained.(9) The Investigation-Enforcement Committee shall consider the Penalty Schedule in §277.6 of this title to determine the parameters of any administrative fine or penalty to recommend to the respondent and the Board. The Investigation-Enforcement Committee may recommend a settlement to the respondent that includes an agreed order to refund all or part of the examination fee paid by the complainant to the respondent. This settlement must be approved by the Board pursuant to subsection (b)(10).(10) Any proposed order shall be presented to the Board for its review. At the conclusion of its review, the Board shall approve, amend, or disapprove the proposed order. Should the Board approve the proposed order, the appropriate notation shall be made in the minutes of the Board and the proposed order shall be entered as an official action of the Board. Should the Board amend the proposed order, the Executive Director shall contact the respondent to seek concurrence. If the respondent does not concur, the provisions of the next sentence shall apply. Should the Board disapprove the proposed order, the case shall be rescheduled for purposes of reaching an agreed order or in the alternative forwarded to the State Office of Administrative Hearings for formal action.(c) Formal disposition of a contested case. All contested cases not resolved by informal conference shall be referred to the State Office of Administrative Hearings.(1) Notice. The respondent shall be entitled to reasonable notice of not less than 10 days. Notice shall include the matters specifically required by the APA, to wit:(A) a statement of the time, place, and nature of the hearing;(B) a statement of the legal authority and jurisdiction under which the hearing is being held;(C) a reference to the particular section of the Act and rules involved; and(D) a short and plain statement of the matters asserted.(2) Service of notice. The notice of hearing and a copy of the formal complaint shall be served on the respondent's last known address at least 10 days prior to the hearing. Service on the respondent shall be complete and effective if the document to be served is sent by registered or certified mail to the respondent at the address shown on the respondent's annual renewal certificate.(3) Filing of documents. All pleadings and motions relating to any contested case pending before the State Office of Administrative Hearings shall be filed with the State Office of Administrative Hearings. They shall be deemed filed only when actually received.(4) Motion for continuance. Continuances may be granted by the State Office of Administrative Hearings in accordance with procedural rules established by that agency.(5) Transcription. Proceedings, or any part of them, must be transcribed on the written request of any party. The agency may pay the cost of the transcript or assess the cost to one or more parties.(6) Discovery. Requests for the issuance of subpoenas, requests for depositions and for production of documents, and other discovery matters shall be governed by the APA.(d) If, after receiving notice of hearing, a party fails to appear in person or by representative on the day and time set for hearing, the Administrative Law Judge may proceed in that party's absence and, as authorized by applicable law, may issue a proposal for decision or order against the defaulting party in which the factual allegations against that party in the notice of hearing are deemed admitted as true without the requirement of submitting additional proof.(e) Any default judgment entered under this section shall be issued only upon adequate proof that proper notice was provided to the defaulting party, and such notice includes disclosure, in 12 point, bold-faced type: FAILURE TO RESPOND TO THE ALLEGATIONS, BY EITHER PERSONAL APPEARANCE AT THE INFORMAL CONFERENCE OR IN WRITING, WILL RESULT IN THE ALLEGATIONS BEING ADMITTED AS TRUE AND THE RECOMMENDED SANCTION MADE AT THE INFORMAL CONFERENCE BEING GRANTED BY DEFAULT. Proper notice may be established by proof that the Board complied with subsection (c)(1) and (2) of this section.(f) This section does not preclude the agency from informally disposing of a case by default under the agency's statute or rules in the event the respondent fails to file a timely written response or other responsive pleading required by the agency's statute or rules.", "sourceNote": "Source Note: The provisions of this §277.2 adopted to be effective August 11, 1983, 8 TexReg 2934; amended to be effective January 7, 1994, 18 TexReg 9931; amended to be effective August 2, 1998, 23 TexReg 7564; amended to be effective September 19, 2004, 29 TexReg 8812; amended to be effective March 23, 2006, 31 TexReg 2159; amended to be effective March 23, 2014, 39 Texeg 2079; amended to be effective February 12, 2023, 48 texReg 678." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212397", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.3", "label": "Probation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212398", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall have the right and may upon majority vote rule that an order denying an application for license or any order canceling, suspending, or revoking any license be probated so long as the probated practitioner conforms to such orders and rules as the Board may set out in the terms of the probation. The Board, at the time of its decision to probate the practitioner, shall set out the period of time which shall constitute the probationary period; provided, however, that the Board may at any time while the practitioner remains on probation upon majority vote rescind the probation and enforce the Board's original action denying, suspending, or revoking such license for violation of the terms of the probation or for other good cause as the Board in its discretion may determine. To rescind the probation shall require a formal disciplinary hearing and be conducted as a contested case within the meaning of the APA.(b) The Executive Director shall maintain a chronological and alphabetical listing of licensees who have had their license canceled, suspended, or revoked, and shall monitor each consent order in respect to each license holder's specific sanction. Any noncompliance observed as a result of monitoring shall be referred to the Board.", "sourceNote": "Source Note: The provisions of this §277.3 adopted to be effective August 11, 1983, 8 TexReg 2934; amended to be effective January 7, 1994, 18 TexReg 9931; amended to be effective February 12, 2023, 48 TexReg 680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212398", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.4", "label": "Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212399", "queryAsDate": "03/11/2026" }, "ruleBody": "Any practitioner whose license to practice has been revoked for a period of more than one year may, after the expiration of at least one year from the date that such revocation became final, apply to the Board, on forms provided by the Board, to have the revocation order withdrawn and to have the Board reinstate a license to practice optometry or therapeutic optometry. In considering the reinstatement of a revoked license, the State Office of Administrative Hearings shall consider all factors it deems relevant, and the applicant for reinstatement of a revoked license must appear before the State Office of Administrative Hearings. After consideration of the proposal for decision, the Board in its discretion may:(1) deny reinstatement of a revoked license;(2) reinstate a revoked license and probate the practitioner for a specified period of time under specified conditions; or(3) authorize reinstatement of the revoked license.", "sourceNote": "Source Note: The provisions of this §277.4 adopted to be effective August 11, 1983, 8 TexReg 2934; amended to be effective January 7, 1994, 18 TexReg 9931; amended to be effective February 12, 2023, 48 TexReg 680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212399", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.5", "label": "Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212400", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Act, §351.501(a)(3), and Texas Occupations Code Chapter 53, provide that the Board may suspend or revoke an existing valid license, disqualify a person from receiving a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor, including being placed on deferred adjudication or court ordered community or mandatory supervision, with or without an adjudication of guilt, or revocation of parole, probation or court ordered supervision, if the crime directly relates to duties and responsibilities of a licensed optometrist or therapeutic optometrist.(b) A licensee or applicant receiving a felony or misdemeanor criminal conviction, including deferred adjudication or court ordered community or mandatory supervision, with or without an adjudication of guilt, or revocation of parole, probation or court ordered supervision, shall report the order of conviction, deferred adjudication or court ordered community or mandatory supervision, or revocation of parole, probation, or supervision within 30 days of the date the court issued the order. This subsection does not require the reporting of a Class C Misdemeanor traffic violation. The failure of a licensee or applicant to report a conviction is deceit, dishonesty and misrepresentation in the practice of optometry and authorizes the Board to take disciplinary action under §351.501 of the Act. The licensee shall furnish any document relating to the conviction as requested by the Board.(c) The Texas Optometry Act authorizes licensees to provide health services.(d) A person currently incarcerated because of a felony conviction or revocation of parole, probation or court ordered supervision in a felony case may not sit for examination, obtain a license under this act, or renew a previously issued license to practice optometry or therapeutic optometry.(e) In considering whether a criminal conviction directly relates to the occupation of an optometrist or therapeutic optometrist, the Board shall consider the factors listed in Texas Occupations Code §53.022.(f) The practice of optometry and therapeutic optometry places the optometrist or therapeutic optometrist in a position of public trust. A licensee practices in an autonomous role in treating patients young and old; in prescribing, administering and safely storing dangerous drugs including controlled substances; in preparing and safeguarding confidential records and information; and in accepting client funds. Therefore the crimes considered by the Board to relate to the practice of optometry and therapeutic optometry include, but are not limited to:(1) any felony or misdemeanor of which fraud, dishonesty or deceit is an essential element;(2) any criminal violation of the Optometry Act, or other statutes regulating or pertaining to the practice or profession of optometry and therapeutic optometry;(3) any criminal violation of statutes regulating other professions in the healing arts;(4) any crime involving moral turpitude;(5) murder;(6) burglary;(7) robbery;(8) theft;(9) sex offense;(10) perjury;(11) child molesting; and(12) substance abuse or substance diversion.(g) In determining the present fitness of a person who has been convicted of a crime, the Board shall consider the factors listed in Texas Occupations Code §53.023.(h) It shall be the responsibility of the applicant for license to secure and provide to the Board the recommendations of the prosecution, law enforcement, and correctional authorities regarding all offenses.(i) The applicant for license shall also furnish proof in such form as may be required by the Board, that the licensee maintained a record of steady employment and has supported licensee dependents and has otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines and restitution as may have been ordered in all criminal cases in which the licensee has been convicted.(j) Upon suspension or revocation of a license, or denial of an application for license or examination because of the person's prior conviction of a crime and the relationship of the crime to the license, the Board shall notify the person in writing:(1) of the reasons for the suspension, revocation, denial, or disqualification;(2) of the review procedure provided by Texas Occupations Code §53.052; and(3) of the earliest date that the person may appeal.(k) The Board, however, shall be under no duty to generate evidence with respect to the matters listed in Texas Occupations Code Chapter 53.", "sourceNote": "Source Note: The provisions of this §277.5 adopted to be effective August 11, 1983, 8 TexReg 2934; amended to be effective January 7, 1994, 18 TexReg 9931; amended to be effective March 18, 2004, 29 TexReg 2642; amended to be effective August 28, 2011, 36 TexReg 5362; amended to be effective February 12, 2023, 48 TexReg 680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212400", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.6", "label": "Administrative Fines and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "87255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Based upon the criteria in this section, and in addition to the sanctions listed in subsection (e) of this section, the guideline administrative penalty or fine amount for:(1) felony conviction: $2,000 minimum penalty for each offense (§351.501(a)(3) of the Act)(2) misdemeanor conviction involving moral turpitude: $2,000 minimum penalty for each offense (§351.501(a)(3) of the Act)(3) impaired ability to practice: $2,000 minimum penalty for each offense (§351.501(a)(4) of the Act)(4) violations of the act or rules involving controlled substances: $2,000 minimum penalty for each offense (§§351.501(a)(4) and (15), 351.358, 351.451, and 351.452 of the Act)(5) fraud, deceit, dishonesty, or misrepresentation in the practice of optometry or in applying for license; or deceiving, defrauding, or harming the public: $2,000 minimum penalty for each offense (§351.501(a)(4) and (11) of the Act)(6) gross incompetence in the practice of optometry or engaging in a pattern of practice or other behavior demonstrating a wilful provision of substandard care: $2,000 minimum penalty for each offense (§351.501(a)(12) and (13) of the Act)(7) practicing or attempting to practice optometry while the license is suspended or violating the terms of a Board Order: $2,000 minimum penalty for each offense (§351.501(a)(8) and (17) of the Act)(8) having the right to practice optometry suspended or revoked by a federal agency: $2,000 minimum penalty for each offense (§351.501(a)(10) of the Act)(9) the guideline administrative penalty or fine amount for the following violations is a $300 minimum penalty for the first offense and $600 minimum penalty for the second offense and subsequent:(A) Failure to report address changes to the Board as required by §351.351 and §351.501(16) of the Act.(B) Failure to properly display name visible to the public as required by §351.362 of the Act.(C) Failure to display public interest information as required by §351.203 of the Act, and §273.9 of this title.(D) Failure to properly release contact lens prescription as required by §353.156 of the Contact Lens Prescription Act,(E) Advertising violations, including misleading advertising as prohibited by §351.155 and §351.403 of the Act, and §279.9 of this title.(F) Failure to use proper professional identification as required by §104.003 of the Texas Occupations Code.(G) Offering glasses or contact lenses as a prize or inducement as prohibited by §351.404 of the Act and §273.3 of this title.(H) Failure of the subject of a complaint to respond within 14 days of receipt to a request letter from the Board regarding the complaint as required by §277.1 of this title.(10) the guideline administrative penalty or fine amount for the following violations is a $1,500 minimum and $2,500 maximum penalty:(A) Directing or allowing optical employees or owners to make appointments for a leasing licensee as prohibited by §351.408 and §351.459 of the Act.(B) Directing or allowing optical employees or owners to advertise for a leasing licensee or include the licensee's office in the advertising as prohibited by §351.408 and §351.459 of the Act.(C) Directing or allowing optical employees or owners to set the practice hours for a leasing licensee as prohibited by §351.408 of the Act.(D) Practicing in an office not properly separated from a lessor optical as prohibited by §§351.363, 351.364, 351.408, and 351.459 of the Act, and §279.12 of this title.(b) In accordance with §351.551 of the Act, administrative penalties may be assessed for violations of the Act or rule or order of the Board. Either the Executive Director or a subcommittee of the Board, to include at least one public member of the Board, may assess a penalty for each violation and present a report to the Board concerning the facts on which the determination was based and the amount of penalty.(c) In accordance with §351.507 of the Act, the Investigation - Enforcement Committee shall use the guidelines in this rule when determining the appropriate administrative penalty or fine to recommend to the Board.(d) The guidelines in this rule are intended to promote consistent sanctions for similar violations, facilitate timely resolution of cases, and encourage settlements. The guidelines in this rule apply to a single violation where there are no aggravating or mitigating factors. Multiple violations and aggravating or mitigating factors as listed in subsection (f) of this section may justify a modification of the guideline amount. The guideline amount may be reduced when a respondent acknowledges a violation and agrees to comply with terms and conditions of an agreed order.(e) The guidelines in this rule apply to administrative penalties and fines. The Board may also, alone or in conjunction with imposing an administrative penalty or fine, refuse to issue a license to an applicant, revoke or suspend a license, place on probation a person whose license has been suspended, impose a stipulation, limitation, or condition relating to continued practice, including conditioning continued practice on counseling or additional education, or reprimand a licensee.(f) The amount of the penalty shall be based on:(1) the seriousness of the violation, including nature, circumstances, extent, and gravity of any prohibited act, and hazard or potential hazard created to the health, safety, or economic welfare of the public;(2) the economic harm to property or the environment caused by the violation;(3) the history of previous violations;(4) the amount necessary to deter future violations;(5) efforts to correct the violation; and(6) any other matter that justice may require.(g) Penalties imposed by the Board pursuant to subsections (a) - (f) of this section may be imposed for each violation subject to the following limitations:(1) imposition of an administrative penalty not to exceed $2,500 for each violation;(2) each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(h) Administrative penalties or fines for violations not specifically mentioned in this rule shall be based on an amount that corresponds to the scheme of the guidelines of this rule.(i) The provisions of this rule shall not be construed so as to prohibit other appropriate disciplinary action under the Act, civil or criminal action and remedy and enforcement under other laws.", "sourceNote": "Source Note: The provisions of this §277.6 adopted to be effective January 7, 1994, 18 TexReg 9934; amended to be effective April 7, 2003, 28 TexReg 2924; amended to be effective March 30, 2005, 30 TexReg 1772; amended to be effective March 23, 2006, 31 TexReg 2159; amended to be effective March 3, 2011, 36 TexReg 1279; amended to be effective February 12, 2023, 48 TexRg 680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=87255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "87255", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.7", "label": "Patient Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "121165", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to protect the patient's health, an optometrist or therapeutic optometrist shall create and maintain a legible and accurate written patient record for each patient. Every patient record shall provide sufficient information such that:(1) another optometrist or therapeutic optometrist can identify the examination performed and the results obtained, and(2) the Board can accurately assess a licensee's compliance with §§279.1 and 279.3 of this title, and Optometry Act §351.353.(b) This rule is adopted to assist the Board in determining whether a licensee has complied with the requirements of Optometry Act §351.353, Initial Examination of Patient. This rule is not adopted to establish a standard of care for the practice of optometry.(c) Notations to a detailed preprinted checklist are acceptable if the results of an examination may clearly and accurately be presented in this format. The use of a check mark or similar minimal notation to record the performance of an examination, if not made to a detailed checklist, does not meet the requirements of subsection (a) of this section. Any patient record that is created or maintained in an electronic format must have the capability of printing a paper record that meets the requirements of this rule.(d) The patient record for each initial examination for which an ophthalmic lens prescription is signed shall contain, at a minimum, written notations recording the procedures and findings required by §§279.1 and 279.3 of this title, and Optometry Act §351.353, in the following format:(1) An accurate identification of the patient;(2) The date of the examination;(3) The name of the optometrist or therapeutic optometrist conducting the examination;(4) Past and present medical history, including complaint presented at visit;(5) A numerical value of the monocular uncorrected or monocular corrected visual acuity in a standard acceptable format;(6) The results of a biomicroscopic examination of the lids, cornea, and sclera;(7) The results of the internal examination of the media and fundus, including the optic nerve and macula, all recorded individually;(8) The results of a retinoscopy. A tape from an automatic refractor is acceptable;(9) The subjective findings of the examination. A tape from a computer assisted refractor/photometer is acceptable if the instrument is being used to obtain subjective findings;(10) The results of an assessment of binocular function, including the test used and the numerical endpoint value;(11) The amplitude or range of accommodation expressed in numerical endpoint value including the test used in the examination;(12) A tonometry reading including the type of instrument used in the examination; and(13) Angle of vision: the extent of the patient's field to the left and right.", "sourceNote": "Source Note: The provisions of this §277.7 adopted to be effective June 18, 2001, 26 TexReg 4477." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=121165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "121165", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.8", "label": "Emergency Temporary Suspension or Restriction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "122307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Annually, the chair of the Board shall appoint for approval by the Board a three-member disciplinary panel (\"panel\") and alternate, consisting of at least one public member, for the purpose of making a determination of whether a license should be temporarily suspended or restricted under Section 351.5015 of the Act. The chair shall name one of the members as chair of the panel. If a member of the panel is recused, or unable to participate in the panel, the alternate Board member may serve in the member's place.(b) The panel shall meet to receive information on a complaint indicating that a licensee's continued practice of optometry or therapeutic optometry may constitute a continuing or imminent threat to the public welfare. At the conclusion of the meeting, if the panel concludes that the licensee's continued practice would constitute a continuing or imminent threat to the public welfare, the panel may restrict or suspend the license for a temporary, stated period of time.(c) The disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening of the panel at one location is inconvenient for any member of the disciplinary panel.(d) The panel may suspend a license under this section without notice or a hearing on the complaint, provided the Investigation-Enforcement Committee shall meet in an informal conference as soon as practical, to determine if formal disciplinary proceedings should be initiated against the licensee. The licensee must receive notice of the conference at least 72 hours prior to the conference.(e) Following the informal conference, the Investigation-Enforcement Committee shall take one of the following actions:(1) Lift the temporary suspension or restriction and reinstate the license without conditions.(2) Negotiate an agreed settlement order that will dissolve, continue or modify the suspension or restriction, or impose other sanctions as appropriate. The agreed order shall be presented to the Board at the next available Board Meeting for approval.(3) Prepare a complaint affidavit setting out the details of the complaint and recommended sanctions, and forward the complaint affidavit to the State Office of Administrative Hearings for setting of an administrative hearing. Following the hearing, the administrative law judge will prepare a proposal for decision for adoption, in the form of an order, by the Board.(f) The panel and the Investigation-Enforcement Committee may receive testimony and evidence in oral or written form. Written statements may be sworn or unsworn. The panel or committee members may question witnesses at the members' discretion. Evidence or information that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered.", "sourceNote": "Source Note: The provisions of this §277.8 adopted to be effective September 13, 2005, 30 TexReg 5801." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=122307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "122307", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.9", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212401", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Policy. The Board encourages the resolution and early settlement of all contested matters through voluntary settlement procedures. Board employees shall implement this policy.(b) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) ADR--Alternative Dispute Resolution.(2) Alternative dispute resolution procedure or ADR procedure--A nonjudicial and informally conducted forum for the voluntary settlement of contested matter through intervention of an impartial third party.(3) Alternative dispute resolution director or ADR director--The director of the agency office empowered by the Board to coordinate and oversee ADR procedures and mediators.(4) Contested matter--A request for an order or other formal or informal authorization from the Board that is opposed.(5) Mediator--The person appointed by the ADR office director to preside over ADR proceedings regardless of which ADR method is used.(6) Parties--The agencies, employees, managers, supervisors or customers who are in conflict.(7) Participants--The executive director, the agency legal counsel, the complainant, the respondent, the person who timely filed hearing requests which gave rise to the dispute or if parties have been named, the named parties.(8) Private mediator--A person in the profession of mediation who is not a Texas state employee and who has met all the qualifications prescribed by Texas law for mediators.(c) Referral of Contested Matter for Alternative Dispute Resolution Procedures. The Board or the ADR director may seek to resolve a contested matter through any ADR procedure. Such procedures may include, but are not limited to, those applied to resolve matters pending at the State Office of Administrative Hearing (SOAH) and in the state's district courts.(d) Appointment of Mediator.(1) For each matter referred for ADR procedures, the ADR director shall assign a mediator, unless the participants agree upon the use of a private mediator. The ADR director may assign a substitute or additional mediator to a proceeding as the ADR director deems necessary.(2) A private mediator may be hired for Board ADR procedures provided that:(A) the participants unanimously agree to use a private mediator;(B) the participants unanimously agree to the selection of the person to serve as the mediator;(C) the mediator agrees to be subject to the direction of the Board's ADR director and to all time limits imposed by the director, the judge, statute or regulation.(3) If a private mediator is used, the costs for the services of the mediator shall be apportioned equally among the participants, unless otherwise agreed upon by the participants, and shall be paid directly to the mediator. In no event, however, shall any such costs be apportioned to a governmental subdivision or entity that is a statutory party to the hearing.(4) All mediators in Board mediation proceedings shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.(e) Qualifications of Mediators.(1) The Board shall establish a list of mediators to resolve contested matters through ADR procedures.(A) To the extent practicable, each mediator shall receive 40 hours of formal training in ADR procedures through programs approved by the ADR director.(B) Other individuals may serve as mediators on an ad hoc basis in light of particular skills or experience which will facilitate the resolution of individual contested matters.(2) SOAH mediators, employees of other agencies who are mediators and private pro bono mediators may be assigned to contested matters as needed.(A) Each mediator shall first have received 40 hours of Texas mediation training as prescribed above.(B) Each mediator shall have some knowledge in the area of the contested matter.(C) If the mediator is a SOAH judge, that person will not also sit as the judge for the case if the contested matter goes to a public hearing.(f) Commencement of ADR.(1) The Board encourages the resolution of disputes at any time, whether under this policy and procedure or not. ADR procedures under this policy may begin, at the discretion of the ADR director, at anytime once the dispute is deemed administratively complete and at least one letter of appeal has been filed with Board.(2) Upon unanimous motion of the parties and the discretion of the judge, the provisions of this subsection may apply to contested hearings. In such cases, it is within the discretion of the judge to continue the hearing to allow use of the ADR procedures.(g) Stipulations. When ADR procedures do not result in the full settlement of a contested matter, the participants, in conjunction with the mediator, shall limit the contested issues through the entry of written stipulations. Such stipulations shall be forwarded or formally presented to the judge assigned to conduct the hearing on the merits and shall be included in the hearing record.(h) Agreements. Agreements of the participants reached as a result of ADR must be in writing and are enforceable in the same manner as any other written contract.(i) Confidentiality of Communications in Alternative Dispute Resolution Procedures.(1) Except as provided in subsections (3) and (4) of this section, a communication relating to the subject matter made by the participant in an ADR procedure whether before or after the institution of formal proceedings, is confidential, is not subject to disclosure, and may not be used as evidence in any further proceedings.(2) Any notes or record made of an ADR procedure are confidential, and participants, including the mediator, may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.(3) An oral communication or written material used in or made a part of an ADR procedure is admissible or discoverable independent of the procedure.(4) If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to the judge to determine, in camera, whether the facts, circumstances and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.(5) The mediator may not, directly or indirectly, communicate with the judge or any Board Member, of any aspect of ADR negotiations made confidential by this section.", "sourceNote": "Source Note: The provisions of this §277.9 adopted to be effective December 6, 2005, 30 TexReg 8097." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212401", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.10", "label": "Remedial Plans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212402", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Section 351.509 authorizes the Board to issue a remedial plan to resolve the investigation of a complaint.(b) The issuance of a remedial plan does not impose disciplinary action. Records of the remedial plan will be removed from the records of the Board on the date two years after the date that a licensee successfully completes a remedial plan.(c) A remedial plan may not:(1) revoke, suspend, limit, or restrict a license or assess an administrative penalty;(2) be imposed to resolve a complaint concerning a death, hospitalization, or the commission of a felony; and(3) be imposed if the Board issued a remedial plan to a licensee within the preceding 24 months.(d) A remedial plan must be approved by the Board. The plan may be initiated in the following manner:(1) for violations listed in §277.6(a)(9) of this title, by the Executive Director in the same manner as administrative penalties are assessed by the Executive Director in §277.1 of this title; or(2) by the Investigation-Enforcement Committee in the same manner as the disposition of complaints in §277.1 of this title.(e) If a licensee does not accept an offer of settlement based on the issuance of a remedial plan, the Board shall schedule an informal settlement conference according to the provisions of §277.2 of this title.(f) If a licensee does not successfully complete the terms of a remedial plan, the Board may reopen the investigation of the complaint to determine if disciplinary action should be imposed.(g) The Board may assess a plan administration fee in an amount of $1,000, to recover the costs of administering the plan.", "sourceNote": "Source Note: The provisions of this §277.10 adopted to be effective March 23, 2014, 39 Texeg 2079; amended to be effective February 12, 2023, 48 TexReg 680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212402", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.11", "label": "Submission to Mental or Physical Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212403", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Board has probable cause to believe that a licensee/applicant has developed an incapacity that prevents or could prevent the applicant or license holder from practicing optometry or therapeutic optometry with reasonable skill, competence, and safety to the public (an incapacity), the Board shall require the licensee/applicant to submit to a mental and/or physical examination by a physician or other healthcare professional designated by the Board. Probable cause may include, but is not limited to, any one of the following:(1) sworn statements from two people, willing to testify before the Board, that a certain licensee/applicant has developed an incapacity;(2) a sworn statement from a representative of the Peer Assistance Program, stating that the representative is willing to testify before the Board that a certain licensee/applicant has developed an incapacity;(3) evidence that a licensee/applicant left a treatment program for alcohol or chemical dependency before a completion of that program;(4) evidence that a licensee/applicant has engaged in the intemperate use of drugs or alcohol at a time and under circumstances that would lead a reasonable person to believe that the licensee/applicant has developed an incapacity;(5) evidence of repeated arrests of a licensee/applicant for intoxication or drug use;(6) evidence of recurring temporary commitments to a mental institution of a licensee/applicant;(7) medical records showing that a licensee/applicant has an illness or condition that results in the inability to function properly in his or her practice; or(8) actions or statements by a licensee/applicant at a hearing conducted by the Board that gives the Board reason to believe that the licensee has developed an incapacity.(b) Upon presentation to the Executive Director of probable cause, the Board authorizes the Executive Director to write the licensee/applicant requesting that the licensee/applicant submit to a physical or mental examination within 30 days of the receipt of the letter from the Executive Director. The letter shall state the reasons for the request for the mental or physical examination and the physician or other healthcare professional designated by the Executive Director to conduct such examinations. The applicant/licensee shall authorize the release of the results of the examination to the Board and the results shall be submitted to the Board within 15 days of the date of the examination. The results of any Board-ordered mental or physical examination are confidential.(c) If the licensee/applicant to whom a letter requiring a mental or physical examination is sent refuses to submit to the examination, the Board, through its Executive Director, shall issue an order requiring the licensee/applicant to show cause why the licensee/applicant should not be required to submit to the examination and shall schedule a hearing on the order not later than 30 days after the date on which the notice of the hearing is provided to the licensee. The licensee/applicant shall be notified by either personal service or certified mail with return receipt requested.(d) At the hearing provided in for in subsection (c) of this title, three members of the Board appointed by the Chair of the Board shall determine whether the licensee/applicant shall submit to an evaluation or that the matter shall be closed with no examination required.(1) At the hearing, the applicant/licensee has the burden of proof once probable cause has been established by the Board to rebut the probable cause. The applicant/licensee and the licensee/applicant's attorney, if any, are entitled to present testimony and other evidence to show why probable cause has not been established requiring the applicant/licensee to submit to the examination. An applicant/licensee is entitled to cross-examine an expert who offers testimony at the hearing.(2) If, after consideration of the evidence presented at the hearing, the panel determines that the licensee/applicant shall submit to an examination, the panel shall authorize the Executive Director to issue an order requiring the examination within 60 days after the date of the entry of the order requiring examination. The applicant/licensee shall authorize the release of the results of the examination to the Board, and the results shall be submitted to the board within 15 days of the date of the examination.(3) If the panel determines that no such examination is necessary, the panel will withdraw the request for examination.(e) The provisions of this rule shall not be construed so as to prohibit other appropriate disciplinary action under the Act, civil or criminal action and remedy and enforcement under other laws.", "sourceNote": "Source Note: The provisions of this §277.11 adopted to be effective December 6, 2017, 42 TexReg 6796; amended to be effective February 12, 2023, 48 TexReg 680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212403", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.12", "label": "Denial Of License And Disciplinary Action By Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Denial of License. The Board may refuse to issue a license to an applicant, if the Board determines that:(1) the applicant is guilty of fraud, deceit, dishonesty, or misrepresentation in the practice of optometry or therapeutic optometry or in seeking admission to that practice;(2) the applicant is unfit or incompetent by reason of negligence;(3) the applicant has been convicted of a misdemeanor involving moral turpitude or a felony;(4) the applicant has developed an incapacity that prevents or could prevent the applicant from practicing optometry or therapeutic optometry with reasonable skill, competence, and safety to the public;(5) the applicant has wilfully or repeatedly violated this chapter or a Board rule adopted under this chapter;(6) the applicant has acted to deceive, defraud, or harm the public;(7) the applicant is guilty of gross incompetence in the practice of optometry or therapeutic optometry;(8) the applicant has engaged in a pattern of practice or other behavior demonstrating a wilful provision of substandard care;(9) the applicant has committed an act of sexual abuse, misconduct, or exploitation with a patient or has otherwise unethically or immorally abused the doctor-patient relationship;(10) the applicant has prescribed, sold, administered, distributed, or given a drug legally classified as a controlled substance or as an addictive or dangerous drug for other than an accepted diagnostic or therapeutic purpose;(11) the applicant has failed to report to the Board the relocation of the applicant's office not later than the 30th day after the date of relocation, whether in or out of this state;(12) the applicant's violation of a law of this state, other than Texas Occupations Code Chapter 351, or a rule of another licensing board in this state, or of a statute or rule of another state if the violation constitutes a violation of the laws of this state or a Board rule; or(13) the applicant has violated the provisions of a disciplinary order or agreement issued by the Board.(b) Disciplinary Action. The Board may revoke or suspend a license, place on probation a license holder whose license has been suspended, impose a fine, impose a stipulation, limitation, or condition relating to continued practice, including conditioning continued practice on counseling or additional education, or reprimand a license holder if the Board determines that:(1) the license holder is guilty of fraud, deceit, dishonesty, or misrepresentation in the practice of optometry or therapeutic optometry or in seeking admission to that practice;(2) the license holder is unfit or incompetent by reason of negligence;(3) the license holder has been convicted of a misdemeanor involving moral turpitude or a felony;(4) the license holder has developed an incapacity that prevents or could prevent the license holder from practicing optometry or therapeutic optometry with reasonable skill, competence, and safety to the public;(5) the license holder has directly or indirectly employed, hired, procured, or induced a person to practice optometry or therapeutic optometry in this state without a license;(6) the license holder has directly or indirectly aided or abetted an unlicensed person in the practice of optometry or therapeutic optometry;(7) the license holder has placed the holder's license at the disposal or service of, including lending, leasing, or renting to, a person not licensed to practice optometry or therapeutic optometry in this state;(8) the license holder has wilfully or repeatedly violated this chapter or a Board rule adopted under this chapter;(9) the license holder has wilfully or repeatedly represented to a member of the public that the license holder is authorized or competent to cure or treat an eye disease beyond the authorization granted by this chapter;(10) the license holder has had the right to practice optometry or therapeutic optometry suspended or revoked by a federal agency for a cause that the Board believes warrants that action;(11) the license holder has acted to deceive, defraud, or harm the public;(12) the license holder is guilty of gross incompetence in the practice of optometry or therapeutic optometry;(13) the license holder has engaged in a pattern of practice or other behavior demonstrating a wilful provision of substandard care;(14) the license holder has committed an act of sexual abuse, misconduct, or exploitation with a patient or has otherwise unethically or immorally abused the doctor-patient relationship;(15) the license holder has prescribed, sold, administered, distributed, or given a drug legally classified as a controlled substance or as an addictive or dangerous drug for other than an accepted diagnostic or therapeutic purpose;(16) the license holder has failed to report to the Board the relocation of the applicant's or license holder's office not later than the 30th day after the date of relocation, whether in or out of this state;(17) the license holder has practiced or attempted to practice optometry while the license holder's license was suspended;(18) the applicant's violation of a law of this state, other than Texas Occupations Code Chapter 351, or a rule of another licensing board in this state, or of a statute or rule of another state if the violation constitutes a violation of the laws of this state or a Board rule; or(19) the applicant has violated the provisions of a disciplinary order or agreement issued by the Board.", "sourceNote": "Source Note: The provisions of this §277.12 adopted to be effective September 27, 2018, 43 TexReg 6281; amended to be effective February 12, 2023, 48 TexReg 680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209111", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.13", "label": "Complaints Resulting From Glaucoma Treatment - Investigation Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209112", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each jurisdictional complaint received by the Board related to a therapeutic optometrist's treatment of a patient for glaucoma or a jurisdictional complaint that includes allegations involving failure to refer glaucoma treatment to an ophthalmologist pursuant to §351.3581(d) of the Optometry Act, shall be subject to a two-step investigation process as set forth more thoroughly in this Rule. A complaint is jurisdictional if it alleges conduct by a licensee that, if true, would constitute a violation of the Optometry Act or Board rules.(b) Each jurisdictional complaint shall be subjected to an Initial Investigation, which may then result in an Official Investigation overseen by the Expert Panel, as contemplated in §277.14 of this title (relating to Complaints Resulting From Glaucoma Treatment-Use of Case Review Consultant and Expert Panel).(c) Upon receipt of a complaint regarding glaucoma treatment, for which the Board has jurisdiction, such complaint shall undergo an Initial Investigation by the Board, including an initial review by a qualified physician licensed in this state who specializes in ophthalmology selected by the Board from a list of ophthalmologists approved by the Texas Medical Board (such qualified licensed physician being hereinafter referred to as the \"Case Review Consultant\"). Each jurisdictional complaint referred to the Case Review Consultant shall be provided to the Texas Medical Board. The Case Review Consultant shall have access to the initial investigation materials.(d) The Initial Investigation shall at least include the following:(1) Any and all information received from the complainant;(2) Any and all medical records related to the complaint;(3) Any and all communication or response to the complaint from the Respondent; and(4) The Case Review Consultant's written report that determines whether the treatment of the patient for glaucoma violated the standard of care applicable to a physician specializing in ophthalmology.(e) If, at the conclusion of the Initial Investigation, the Case Review Consultant determines that the standard of care was violated, the Board shall commence the Official Investigation procedure contemplated in §277.14 of this title.(f) If, at the conclusion of the Initial Investigation, the Case Review Consultant did not determine that the Respondent violated the standard of care related to the treatment of glaucoma, the matter shall be referred to the Board for further investigation not related to the treatment of glaucoma or referred to the Board for dismissal. The Texas Medical Board shall be advised of the disposition of the complaints.(g) In all events, if the Case Review Consultant determines that a complaint regarding glaucoma treatment suggests that the continued practice by a licensee or the continued performance by a licensee of a procedure for which the person holds a glaucoma certification would constitute a clear, imminent, or continuing threat to a patient's health or well-being, the Board shall appoint a three-member disciplinary panel consisting of board members to determine whether the license issued should be temporarily suspended or restricted pursuant to §351.5015 of the Texas Optometry Act.(h) Board staff shall use reasonable efforts to ensure that any information shared with the Case Review Consultant and/or Expert Panel contemplated in this section and §277.14 of this title hereof shall be redacted and de-identified so as to maintain anonymity of the licensee who is the subject of the complaint.", "sourceNote": "Source Note: The provisions of this §277.13 adopted to be effective May 31, 2022, 47 TexReg 3139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209112", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "277", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§277.14", "label": "Complaints Resulting From Glaucoma Treatment - Use of Case Review Consultant and Expert Panel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "88903", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Composition. Upon a determination under §277.13 of this title (relating to Complaints Resulting From Glaucoma Treatment - Investigation Process) by the Case Review Consultant that a Respondent has violated the standard of care for the treatment of glaucoma, the Texas Optometry Board shall forward the complaint and report to an Expert Panel appointed by the Texas Optometry Board and the Texas Medical Board. The panel shall be composed of an equal number of physicians who specialize in ophthalmology and therapeutic optometrists. Ophthalmologists shall be selected from a list approved by the Texas Medical Board for such purposes and the therapeutic optometrists certified as Optometric Glaucoma Specialists shall be selected from a list approved by the Texas Optometry Board.(b) Qualifications. To be eligible to serve as a Case Review Consultant or as a member of the Expert Panel, interest shall be submitted to the Texas Optometry Board and Texas Medical Board through an application. The Texas Optometry Board and Texas Medical Board will collaborate to approve Case Review Consultants and Expert Panel Members. An applicant may be considered if they meet the following criteria:(1) Is a Texas-licensed therapeutic optometrist certified as an Optometric Glaucoma Specialist or a Texas-licensed physician specializing in ophthalmology who has been in active practice in Texas for at least the last five (5) consecutive years immediately preceding the application;(2) Has had no disciplinary action taken by any healthcare regulatory board in Texas or in another state within the last 10 years;(3) Is not a member of the faculty or board of trustees of an optometry school or an institution of higher education with an affiliated school of optometry; or(4) Is not an officer, employee, or paid consultant of a Texas trade association, or married to a spouse who is an officer, employee, or paid consultant of a Texas trade association, as defined by §351.053 of the Optometry Act, in the field of health care.(c) Payment. Approved Case Review Consultants and Expert Panel Members shall enter a contract for services with the Texas Optometry Board. The Texas Optometry Board shall pay a reasonable, contracted fee to each Case Review Consultant and Expert Panel member.(d) Term; Resignation; Removal. A Case Review Consultant or Expert Panel member shall serve until resignation, removal, or non-renewal of contract. A Case Review Consultant or Expert Panel member may resign at any time with at least five (5) business days' advance notice to the Board and, if necessary, the Texas Medical Board. A Case Review Consultant or Expert Panel member may be removed for good cause at any time, with the approval of the Texas Optometry Board and the Texas Medical Board. Good cause for removal may include without limitation:(1) Failure to maintain eligibility requirements;(2) Failure to inform the Board of known potential or apparent conflicts of interest;(3) Repeated failure to timely review complaints or timely submit reports to the Board;(4) Sharing of confidential information regarding complaints; or(5) Direct contact with the Complainant, Respondent and/or other health care providers identified in the complaint.(e) Vacancy on Expert Panel. A vacancy of the therapeutic optometrist serving on the Expert Panel shall be filled by selecting another qualified individual from the list approved by the Texas Optometry Board, and a vacancy of an ophthalmologist serving on the Expert Panel shall be filled by selecting another individual from the list approved by the Texas Medical Board.(f) Conflict of Interest. If a Case Review Consultant or Expert Panel member has a known personal or professional interest that might reasonably tend to influence the discharge of the individual's duties in the review of case, the Case Review Consultant or Expert Panel member shall disclose that conflict immediately to the Executive Director for assignment to a different Case Review Consultant or Expert Panel member.(1) A potential professional conflict of interest exists if the reviewer lives or practices optometry and/or ophthalmology in the same geographical market as the Respondent in the filed complaint and is in direct competition with the licensee.(2) A potential personal conflict of interest exists if the reviewer has a personal relationship with the Respondent and/or complainant. A personal relationship is considered to be a situation in which the Case Review Consultant or Expert Panel member has personal interests such as financial interests, family or social factors that could impair one's ability to act impartially.(g) Expert Panel Review of Case. The Expert Panel members will be provided with the Case Review Consultant's report and all relevant information related to the complaint, including records collected by the agency during the investigation. The Expert Panel members shall submit to the Texas Optometry Board a written report (or separate reports in the event the members of the panel do not have consensus) which includes whether the therapeutic optometrist should be subject to disciplinary action and, if so, whether the disciplinary action should include suspension or revocation of the therapeutic optometrist's license or certificate issued under §351.3581(a) of the Optometry Act.(h) Upon receipt of an Expert Panel Report, the Board shall evaluate the report, complaint, and any other relevant information and shall comply with §277.2 of this title (relating to Disciplinary Proceedings) as necessary. The Expert Panel recommendations are not binding but the Board may give deference to the Panel's findings when making a final determination for disciplinary action.", "sourceNote": "Source Note: The provisions of this §277.14 adopted to be effective May 31, 2022, 47 TexReg 3141." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "88903", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.1", "label": "Contact Lens Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212404&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212404", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The optometrist or therapeutic optometrist shall, in the initial examination of the patient for whom contact lenses are prescribed:(1) Personally make and record, if possible, the following findings of the conditions of the patient as required by §351.353 of the Act:(A) biomicroscopy examination (lids, cornea, sclera, etc.), using a binocular microscope;(B) internal ophthalmoscopic examination (media, fundus, etc.), using an ophthalmoscope or biomicroscope with fundus condensing lenses; videos and photographs may be used only for documentation and consultation purposes but do not fulfill the internal ophthalmoscopic examination requirement; and(C) subjective findings, far point and near point;(2) Either personally make and record or authorize an assistant present in the same office with the optometrist or therapeutic optometrist to make and record the following findings required by §351.353 of the Act. The authorization for assistants to make and record the following findings does not relieve the optometrist or therapeutic optometrist of professional responsibility for the proper examination and recording of each finding required by §351.353 of the Act:(A) case history (ocular, physical, occupational, and other pertinent information);(B) visual acuity;(C) static retinoscopy O.D., O.S., or autorefractor;(D) assessment of binocular function;(E) amplitude or range of accommodation;(F) tonometry; and(G) angle of vision, to right and to left.(3) Personally notate in the patient's record the reasons why it is not possible to make and record the findings required in subsection (a) of this section;(4) When a follow-up visit is medically indicated, schedule the follow-up visit within 30 days of the contact lens fitting, and inform the patient on the initial visit regarding the necessity for the follow-up care; and(5) Personally or authorize an assistant to instruct the patient in the proper care of lenses.(b) The optometrist or therapeutic optometrist and assistants shall observe proper hygiene in the handling and dispensing of the contact lenses and in the conduct of the examination. Proper hygiene includes sanitary office conditions, running water in the office where contact lenses are dispensed, and proper sterilization of diagnostic lenses and instruments.(c) The fitting of contact lenses may be performed only by a licensed physician, optometrist, or therapeutic optometrist. Ophthalmic dispensers may make mechanical adjustments to contact lenses and dispense contact lenses only after receipt of a fully written contact lens prescription from a licensed optometrist, therapeutic optometrist, or a licensed physician. An ophthalmic dispenser shall make no measurement of the eye or the cornea or evaluate the physical fit of the contact lenses, by any means whatever, subject solely and only to the exception contained in the §351.005 of the Act.(d) The willful or repeated failure or refusal of an optometrist or therapeutic optometrist to comply with any of the requirements in the Act, §351.353 and §351.359, shall be considered by the board to constitute prima facie evidence that the licensee is unfit or incompetent by reason of negligence within the meaning of the Act, §351.501(a)(2), and shall be sufficient ground for the filing of charges to cancel, revoke, or suspend the license. The charges shall state the specific instances in which it is alleged that the rule was not complied with. After the board has produced evidence of the omission of a finding required by §351.353, the burden shifts to the licensee to establish that the making and recording of the findings was not possible.", "sourceNote": "Source Note: The provisions of this §279.1 adopted to be effective September 9, 2001, 26 TexReg 6679." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212404&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212404", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.2", "label": "Contact Lens Prescriptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "88910", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prescription. A prescription for contact lenses is defined as a written order signed by the examining optometrist, therapeutic optometrist or physician, or a written order signed by an optometrist, therapeutic optometrist or physician authorized by the examining doctor to issue the prescription.(1) If the prescription is signed by the examining optometrist or therapeutic optometrist, the prescription may be signed electronically, provided that:(A) the prescription is electronically signed by the practitioner using a system which electronically replicates the practitioner's manual signature on the written prescription; and(B) the security features of the system require the practitioner to authorize each use.(2) If the prescription is signed by a doctor other than the examining optometrist, therapeutic optometrist or physician, the prescription must contain:(A) the name of the examining doctor; and(B) the license number of both the examining doctor and the doctor signing the prescription.(b) Applicable Law. A contact lens prescription must comply with the requirements of the Texas Optometry Act, Sections 351.005, 351.356, 351.357, 351.359, and 351.607, and the Contact Lens Prescription Act, Sections 353.152, 353.153 and 353.158 and federal law, 15 U.S.C. Sections 7601 - 7610 (Public Law 108-164).(c) Contents of Prescription. A fully written contact lens prescription must contain all information required to accurately dispense the contact lens, including:(1) patient's name;(2) the name, postal address, telephone number, and facsimile telephone number of the prescribing optometrist or therapeutic optometrist (required by federal law);(3) the date of examination (not including date of follow-up examinations) (required by federal law);(4) date the prescription is issued;(5) an expiration date of not less than one year, unless a shorter period is medically indicated;(6) examining optometrist's signature or authorized signature;(7) name of the lens manufacturer, if required to accurately dispense the lens;(8) lens brand name, including:(A) a statement that brand substitution is permitted if the optometrist intends to authorize a contact lens dispenser to substitute the brand name; and(B) name of manufacturer, trade name of private label brand, and, if applicable, trade name of equivalent brand name when the prescribed brand name is not available to the optical industry as a whole, unless the prescribing of a proprietary lens brand is medically indicated;(9) lens power;(10) lens diameter, unless set by the manufacturer;(11) base curve, unless set by the manufacturer; and(12) number of lenses and recommended replacement interval.(d) Release of Prescription, Timing. Regardless of whether the release is requested by the patient, the optometrist or therapeutic optometrist shall release a prescription once the parameters of the prescription are determined. An exception to this requirement exists if the optometrist or therapeutic optometrist determines that because of a medical indication further monitoring is required, and the optometrist or therapeutic optometrist gives the patient a verbal explanation of the reason the prescription is not released and documents in the patient's records a written explanation of the reason.(e) Release of Prescription, Method. An optometrist or therapeutic optometrist shall issue a prescription by giving or delivering an original signed copy of the prescription to the patient or to another person in accordance with subsection (d) of this section.(f) Verification of Prescription. An optometrist or therapeutic optometrist shall verify a prescription when a dispenser designated to act on behalf of the patient requests a verification by telephone, facsimile or electronic mail.(g) Verification Procedure. A dispenser designated to act on behalf of the patient is required to provide the optometrist or therapeutic optometrist with the following information when seeking a verification of a prescription:(1) the patient's full name and address;(2) contact lens power, manufacturer, base curve or appropriate designation, and diameter, as appropriate;(3) quantity of lenses ordered;(4) the date on which the patient requests lenses to be ordered or dispensed;(5) the date and time of the verification request; and(6) the name, telephone number, and facsimile number of a person at the contact lens dispenser's company with whom to discuss the verification.(h) Verification Requirements. If the format of the verification request allows, the optometrist or therapeutic optometrist, when verifying a prescription, should provide the contact lens dispenser with all of the information required in subsection (c) of this section. An optometrist or therapeutic optometrist who did not perform the examination, may verify a prescription according to subsection (a) of this section, providing to the dispenser the name and license number of the examining doctor if the format of the verification request so allows. Each request for a prescription verification should be recorded in the patient record, including the name of the dispenser, the date verification is requested, number of lenses requested, and response of the optometrist or therapeutic optometrist.(i) Inaccurate or Invalid Verification. A contact lens dispenser seeking a contact lens prescription verification shall not fill the prescription if an optometrist or therapeutic optometrist informs a dispenser that the contact lens prescription is inaccurate, expired, or otherwise invalid. An optometrist or therapeutic optometrist is required to communicate the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the dispenser to the optometrist or therapeutic optometrist is inaccurate or invalid, the optometrist or therapeutic optometrist is required to provide the correct information to the dispenser. A dispenser may dispense lenses without verification if an optometrist or therapeutic optometrist fails to communicate with the dispenser within 8 business hours, or a similar time as defined by the Federal Trade Commission.(j) Number of Lenses. An optometrist or therapeutic optometrist dispensing contact lenses shall record on the prescription the number of lenses dispensed and return the prescription to the person. If all the contact lenses authorized by the prescription are dispensed by an optometrist or therapeutic optometrist, the following procedure complies with state law and should not be in conflict with federal law: the optometrist or therapeutic optometrist writes on the prescription \"All Lenses Dispensed,\" makes a copy of the prescription to retain in the licensee's records, and returns the original to the person presenting the prescription.(k) Extension. The Contact Lens Prescription Act requires an optometrist or therapeutic optometrist to authorize, upon request of the patient, a one-time, two-month extension of the contact lens prescription.(l) Private Labels. The prescribing optometrist or therapeutic optometrist has the authority to specify any and all parameters of an optical prescription for the therapeutic and visual health and welfare of a patient, but the prescription shall not contain restrictions limiting the parameters to private labels not available to the optical industry as a whole, unless the prescribing of a proprietary lens brand is medically indicated. The specifications of the prescription may not be altered without the consent of the prescribing doctor.(m) Fee. The Contact Lens Prescription Act prohibits an optometrist or therapeutic optometrist from charging the patient a fee in addition to the examination fee and the fitting fee as a condition for giving a contact lens prescription to the patient or verifying a prescription according to subsections (h) and (i) of this section. An optometrist or therapeutic optometrist may not refuse to release a prescription solely because charges assigned or presented for payment to an insurance carrier, health maintenance organization, managed care entity, or similar entity have not been paid by that entity.(n) Fitting Process. An optometrist or therapeutic optometrist may charge a fitting fee that includes fees for lenses required to be used in the fitting process. The fitting process may include the initial eye examination, an examination to determine the specifications of the contact lenses, and follow-up examinations that are medically necessary. Unless medically necessary, the optometrist or therapeutic optometrist may not require the patient to purchase a quantity of lenses in excess of the lenses the optometrist or therapeutic optometrist was required to purchase to complete the fitting process.(o) An optometrist or therapeutic optometrist may not sign, or cause to be signed, an ophthalmic lens prescription without first personally examining the eyes for whom the prescription is made pursuant to Section 351.435 of the Optometry Act. An optometrist or therapeutic optometrist is responsible for the prescriptions signed under the practitioner's name even if they are produced by non-clinical staff. Should a licensee discover a prescription for lenses was issued without his knowledge or permission, the licensee shall report it to the Board within seven business days.(p) The Executive Commissioner of the Health and Human Services Commission and the Executive Director of the Texas Optometry Board may enter into interagency agreements as necessary to implement and enforce this chapter.", "sourceNote": "Source Note: The provisions of this §279.2 adopted to be effective September 9, 2001, 26 TexReg 6679; amended to be effective December 23, 2001, 26 TexReg 10297; amended to be effective March 28, 2002, 27 TexReg 2237; amended to be effective September 19, 2004, 29 TexReg 8813; amended to be effective December 6, 2005, 30 TexReg 8099; amended to be effective March 4, 2013, 38 TexReg 1362 ; amended to be effective February 12, 2023, 48 TexReg 680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "88910", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.3", "label": "Spectacle Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212405", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The optometrist or therapeutic optometrist shall, in the initial examination of the patient for whom ophthalmic lenses are prescribed:(1) Personally make and record, if possible, the following findings of the conditions of the patient as required by §351.353 of the Act:(A) biomicroscopy examination (lids, cornea, sclera, etc.), using a binocular microscope;(B) internal ophthalmoscopic examination (media, fundus, etc.), using an ophthalmoscope or biomicroscope with fundus condensing lenses; videos and photographs may be used only for documentation and consultation purposes but do not fulfill the internal ophthalmoscopic examination requirement; and(C) subjective findings, far point and near point.(2) Either personally make and record or authorize an assistant present in the same office with the optometrist or therapeutic optometrist to make and record the following findings required by §351.353 of the Act. The authorization for assistants to make and record the following findings does not relieve the optometrist or therapeutic optometrist of professional responsibility for the proper examination and recording of each finding required by §351.353 of the Act:(A) case history (ocular, physical, occupational, and other pertinent information);(B) visual acuity;(C) static retinoscopy O.D., O.S., or autorefractor;(D) assessment of binocular function;(E) amplitude or range of accommodation;(F) tonometry;(G) angle of vision, to right and to left.(3) Personally notate in the patient's record the reasons why it is not possible to make and record the findings required in this section.(b) The willful or repeated failure or refusal of an optometrist or therapeutic optometrist to comply with any of the requirements in the Act, §351.353 and §351.359, shall be considered by the board to constitute prima facie evidence that the licensee is unfit or incompetent by reason of negligence within the meaning of the Act, §351.501(a)(2), and shall be sufficient ground for the filing of charges to cancel, revoke, or suspend the license. The charges shall state the specific instances in which it is alleged that the rule was not complied with. After the board has produced evidence of the omission of a finding required by §351.353, the burden shifts to the licensee to establish that the making and recording of the findings was not possible.", "sourceNote": "Source Note: The provisions of this §279.3 adopted to be effective September 9, 2001, 26 TexReg 6679." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212405&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212405", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.4", "label": "Spectacle and Ophthalmic Devices Prescriptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "88906", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A prescription for spectacles or ophthalmic devices is defined as a written order signed by the examining optometrist, therapeutic optometrist or physician, or a written order signed by an optometrist, therapeutic optometrist or physician authorized by the examining doctor to issue the prescription. If the prescription is signed by the examining optometrist or therapeutic optometrist, the prescription may be signed electronically, provided that:(1) the prescription is electronically signed by the practitioner using a system which electronically replicates the practitioner's manual signature on the written prescription; and(2) the security features of the system require the practitioner to authorize each use.(b) An optometrist or therapeutic optometrist may issue a duplicate prescription in the following manner:(1) giving or delivering an original signed copy of the prescription to the patient or to another person when requested by the patient;(2) faxing an original signed prescription to a person authorized to fill the prescription;(3) transmitting a complete prescription as defined in this section, to a person authorized to fill the prescription, by email or other computerized electronic means. When transmitting a prescription by computerized electronic means, including e-mail, the optometrist or therapeutic optometrist shall attach a digital signature in a commonly recognized format. The computerized electronic transmission shall also include the office address and license number of the optometrist or therapeutic optometrist; or(4) if the optometrist or therapeutic optometrist determines that the patient needs an emergency refill of the spectacle prescription, the prescription may be telephoned to a person authorized to fill the prescription.(c) If the prescription is signed by a doctor other than the examining optometrist, therapeutic optometrist or physician, the prescription must contain:(1) the name of the examining doctor; and(2) the license number of both the examining doctor and the doctor signing the prescription.(d) The prescribing optometrist or therapeutic optometrist has the authority to specify any and all parameters of an optical prescription for the therapeutic and visual health and welfare of a patient, but the prescription shall not contain restrictions limiting the parameters to private labels not available to the optical industry as a whole, unless the prescribing of a proprietary lens brand is medically indicated. The specifications of the prescription may not be altered without the consent of the prescribing doctor.", "sourceNote": "Source Note: The provisions of this §279.4 adopted to be effective September 9, 2001, 26 TexReg 6679; amended to be effective December 23, 2001, 26 TexReg 10297; amended to be effective March 4, 2013, 38 TexReg 1362; amended to be effective February 12, 2023, 48 TexReg 681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "88906", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.5", "label": "Dispensing Ophthalmic Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "88907", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The dispensing of medications, spectacles, contact lenses, or ophthalmic devices without a valid prescription constitutes the unlawful practice of optometry, subject to penalties under the Texas Optometry Act, §§351.251, 351.406, 351.602, 351.603, 351.606 and 351.607.(b) The Texas Optometry Act, §351.453, relates to prescribing without examination. Nothing in this section prohibits a licensed optometrist or therapeutic optometrist from:(1) duplicating a patient's spectacle lenses;(2) filling or having filled a prescription that has been signed by an authorized practitioner;(3) dispensing or having dispensed lenses from a patient's optometric record located within the same optometric office; or(4) replacing or repairing frames or parts thereof.(c) Under the Texas Optometry Act, §§351.005, 351.356 and 351.357, the practice of optometry and therapeutic optometry includes prescribing lenses or prisms, and an ophthalmic dispenser is charged to fill such prescription in accordance with the specific directions of a prescription of a licensed physician, optometrist, or therapeutic optometrist.", "sourceNote": "Source Note: The provisions of this §279.5 adopted to be effective September 9, 2001, 26 TexReg 6679." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "88907", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.9", "label": "Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119531", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All advertising must be in compliance with the Texas Optometry Act, §351.155 and §351.403. Any advertising regarding services to be provided by an optometrist must not be false, deceptive, or misleading.(b) The term \"board certified\" or any similar word or phrase denoting certification or specialization may be used by an optometrist if the advertising includes the name of the organization that has conferred the certification or specialization. The Texas Optometry Board does not confer certifications or specializations.(c) Any advertisement of price of contact lens shall affirmatively disclose the number of lenses included for the price specified.", "sourceNote": "Source Note: The provisions of this §279.9 adopted to be effective April 3, 1989, 14 TexReg 1457; amended to be effective September 9, 2001, 26 TexReg 6679." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119531", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.10", "label": "Professional Identification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212406", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To protect the public health and provide a means for the patient to identify a licensee in a complaint filed with the Board, §351.362 of the Act requires an optometrist or therapeutic optometrist to display the doctor's name so that the name is visible to the public before entry into the office reception area. This requirement does not apply to an optometrist or therapeutic optometrist practicing at a location on a temporary basis, as defined in subsection (b) of this section.(b) Temporary basis is defined as the practice of optometry or therapeutic optometry at an office for no more than two consecutive months. For example, an optometrist or therapeutic optometrist practicing at a location one day per week during a three month period is not at that location on a temporary basis, and the doctor's name must be displayed as required in §351.362 of the Act.(c) Section 351.458 of the Act prohibits the display of an optometrist or therapeutic optometrist's professional designation if the intent of the display is to mislead the public that the named optometrist or therapeutic optometrist owner regularly practices at that location. Therefore an optometrist or therapeutic optometrist practicing at an office in which the doctor has no ownership interest, must display the doctor's name as licensed by the Board, regardless of the percentage of time spent at that office, unless the doctor's practice meets the definition of temporary basis in subsection (b) of this section.", "sourceNote": "Source Note: The provisions of this §279.10 adopted to be effective March 30, 2005, 30 TexReg 1773." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212406&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212406", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.11", "label": "Relationship with Dispensing Optician - Books and Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212407", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Texas Optometry Act, §351.364, relating to relationships with dispensing opticians, states: The purpose of this section is to insure that the practice of optometry or therapeutic optometry shall be carried out in such a manner that it is completely and totally separated from the business of any dispensing optician, with no control of one by the other and no solicitation for one by the other.(b) It is therefore the interpretation of this Board that an optometrist or therapeutic optometrist practicing under his own name and dispensing, repairing, or duplicating lenses and/or frames in his own office as part of his optometric practice would not be required to keep separate records or books by virtue of the fact that it is all part of his practice of optometry and not a separate dispensing business.", "sourceNote": "Source Note: The provisions of this §279.11 adopted to be effective September 9, 2001, 26 TexReg 6679; amended to be effective February 12, 2023, 48 TexReg 681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212407&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212407", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.12", "label": "Relationship with Dispensing Optician - Separation of Offices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212408", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Optometry Act, §351.364(a), requires that the space occupied by the optometrist or therapeutic optometrist shall be separated from the space occupied by the dispensing optician by solid partitions or walls from floor to ceiling. The intent of the Texas Legislature in passing §351.364 is specifically spelled out in §351.364(d) and is to insure that the practices of optometry and therapeutic optometry shall be carried out in such a manner that they are completely and totally separated from the business of any dispensing optician.(b) In light of the overriding legislative intent in passing §351.364 that the practices of optometry and therapeutic optometry be completely and totally separate from the business of any dispensing optician, it is the interpretation of the Board that §351.364(a), set forth in subsection (a) of this section, prohibits the space occupied by an optometrist or therapeutic optometrist and space occupied by a dispensing optician from being joined by a wall in which there is a door, either locked or unlocked.", "sourceNote": "Source Note: The provisions of this §279.12 adopted to be effective September 9, 2001, 26 TexReg 6679; amended to be effective February 12, 2023, 48 TexReg 681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212408&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212408", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.13", "label": "Professional Responsibility for Off-Site Examinations: Improper Solicitation of Patients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "88911", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Optometry Act was enacted in part to safeguard the visual welfare of the public and the optometrist-patient relationship and to fix professional responsibility with respect to the patient.(b) In order to comply with these objectives and to assure patients will have adequate follow-up care, this rule applies to licensed optometrists or therapeutic optometrists who practice optometry or therapeutic optometry, including the examination and prescribing or supplying of lenses to patients away from their place of practice such as:(1) a nursing home or other abode to patients confined therein,(2) an industrial site, when requested to do so, or(3) a school site when requested to do so by the school administration.(c) The optometrist or therapeutic optometrist must have an office location or place of practice within reasonable traveling distance of such examination site, or, in the alternative must have made arrangements, confirmed in writing prior to offering or providing services, for continued care with a qualified eye health professional with an office location or place of practice within reasonable traveling distance of such examination site, or assured telehealth access for continued care.(d) Failure to comply with this rule shall be deemed as practicing from house-to-house and the improper solicitation of patients in violation of the Act, §351.455. In addition, the optometrist must comply with the requirements of §351.351 to maintain current information regarding practice locations with the office.", "sourceNote": "Source Note: The provisions of this §279.13 adopted to be effective November 19, 1992, 17 TexReg 7895; amended to be effective September 10, 1993, 18 TexReg 5745; amended to be effective August 1, 1999, 24 TexReg 5871; amended to be effective February 12, 2023, 48 TexReg 681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "88911", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.14", "label": "Patient Files" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212409", "queryAsDate": "03/11/2026" }, "ruleBody": "Patient's optometric records are defined as the patient chart, historical record, or working document during the course of examination and patient care between the doctor and patient. The patient's records may contain information regarding spectacle prescription findings and contact lens prescription findings but do not include a prescription for spectacles or contact lenses.", "sourceNote": "Source Note: The provisions of this §279.14 adopted to be effective January 7, 1994, 18 TexReg 9934; amended to be effective February 15, 1996, 21 TexReg 878; amended to be effective August 2, 1998, 23 TexReg 7564; amended to be effective May 7, 2000, 25 TexReg 3955; amended to be effective September 9, 2001, 26 TexReg 6679." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212409&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212409", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.15", "label": "Practice with Contagious or Infectious Disease" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206133", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Optometry Act, §351.454, requires that no licensed optometrist or therapeutic optometrist practice optometry or therapeutic optometry while knowingly suffering from a contagious or infectious disease, if the disease is one that could reasonably be transmitted in the normal performance of optometry or therapeutic optometry.(b) For purposes of interpretation, a \"contagious or infectious disease\" is defined as a \"disease capable of being transmitted from one person to another by contact or close proximity.\" Infectious agents transmitted from one person to another by contact or close proximity would include bacteria and viruses.(c) A licensee shall be deemed practicing while knowingly suffering from an infectious or contagious disease when a medical diagnosis of that disease has been made.(d) The following include but are not limited to infectious diseases or diseases that can be transmitted:(1) Infectious agents which may be transmitted by direct contact or by respiratory route include: chickenpox, common cold, infectious mononucleosis, influenza, mycoplasma pneumonia, measles, meningococcal disease, mumps, pertussis, rubella and tuberculosis.(2) Diseases that could be transmitted by direct contact include: chlamydia trachomatous infections, herpes simplex viruses, staphylococcal infections, streptococcal infections, and bacterial and viral conjunctivitis.", "sourceNote": "Source Note: The provisions of this §279.15 adopted to be effective July 5, 1995, 20 TexReg 4488; amended to be effective August 2, 1998, 23 TexReg 7564; amended to be effective February 12, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206133", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "279", "label": "INTERPRETATIONS" }, "rule": { "number": "§279.16", "label": "Telehealth Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220577", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context indicates otherwise.(1) Licensed optometrist or therapeutic optometrist. As defined in Texas Occupations Code §351.251.(2) Store and forward technology. As defined in Texas Occupations Code §111.001(2).(3) Telehealth services. As defined in Texas Occupations Code §111.001(3).(b) Practitioner-Patient Relationship for Telehealth Services. A valid practitioner-patient relationship is present when the optometrist:(1) has a preexisting practitioner-patient relationship with the patient; or,(2) provides the telehealth services through the use of one of the following methods, as long as the practitioner complies with the follow-up requirements in subsection (b)(2)(D) of this section, and the method allows the practitioner to have access to, and the practitioner uses, the relevant clinical information that would be required in accordance with the standard of care described in Texas Occupations Code §111.007:(A) synchronous audiovisual interaction between the practitioner and the patient in another location;(B) asynchronous store and forward technology, including asynchronous store and forward technology in conjunction with synchronous audio interaction between the practitioner and the patient in another location, as long as the practitioner uses clinical information from clinically relevant photographic or video images, including diagnostic images; or the patient's relevant medical records, such as the relevant medical history, laboratory and pathology results, and prescriptive histories; or(C) another form of audiovisual telecommunication technology that allows the practitioner to comply with the standard of care described in Texas Occupations Code §111.007.(D) A practitioner who provides telehealth services to a patient as described in subsection (b)(2)(B) of this section shall:(i) provide the patient with guidance on appropriate follow-up care; and(ii) if the patient consents and the patient has a primary optometrist, provide to the patient's primary optometrist within 72 hours after the practitioner provides the services to the patient a medical record or other report containing an explanation of the treatment provided by the practitioner to the patient and the practitioner's evaluation, analysis, or diagnosis, as appropriate, of the patient's condition.(c) Fraud and Abuse Prevention. All optometrists or therapeutic optometrists that use telehealth services in their practices shall adopt protocols to prevent fraud and abuse through the use of telehealth services.(d) Notice.(1) Privacy Practices.(A) Unless previously provided, optometrists or therapeutic optometrists that communicate with patients by electronic communications other than telephone or facsimile must provide patients with written notification of the optometrists' or therapeutic optometrists' privacy practices prior to evaluation or treatment, with a good faith effort to obtain the patient's written acknowledgement, including by e-mail, of the notice.(B) The notice of privacy practices shall include language that is consistent with federal standards under 45 C.F.R. Parts 160 and 164 relating to privacy of individually identifiable health information.(2) The optometrist or therapeutic optometrist providing or facilitating the use of telehealth services shall ensure that the informed consent of the patient, or another appropriate individual authorized to make health care treatment decisions for the patient, is obtained before telehealth services are provided.(3) Complaints to the Board. Optometrists or therapeutic optometrists that use telehealth services must provide notice of how patients may file a complaint with the Board on the optometrist's or therapeutic optometrist's website or with informed consent materials provided to patients prior to rendering telehealth services.(e) Minimum Standards. An optometrist or therapeutic optometrist providing a health care service or procedure as a telehealth service is subject to the same standard of care that would apply to the provision of the same health care service or procedures in an in-person setting. An optometrist or therapeutic optometrist providing a telehealth service must:(1) establish a practitioner-patient relationship;(2) maintain complete and accurate medical records as set out in §277.7 Patient Records of this title (relating to Chapter 277. Practice and Procedure); and(3) meet the minimum standard of care for the initial examination of a patient for whom an ophthalmic lens prescription is signed under Texas Occupations Code §351.353.(f) Issuance of Prescriptions.(1) A prescription issued as a result of a telehealth service is subject to the same standards as an in-person setting.(2) A therapeutic optometrist shall meet the standard of care and demonstrate professional practice standards and judgment, consistent with all applicable statutes and rules when issuing, dispensing, delivering, or administering a prescription medication as a result of a telehealth service.(3) An optometrist or therapeutic optometrist shall meet the standard of care and demonstrate professional practice standards and judgment, consistent with all applicable statutes and rules, when prescribing or fitting lenses or prisms as a result of a telehealth service.(4) A valid prescription may be issued as a result of telehealth services as part of a practitioner-patient relationship as set out in §279.16(b). A valid prescription for any pharmaceutical agent shall meet all applicable laws regarding the prescribing, dispensing, delivering or administering of a dangerous drug or controlled substance. A valid prescription for ophthalmic goods or procedures shall meet all applicable requirements of Texas Occupations Code, Chapter 351.(g) Security Requirements. Adequate measures must be implemented to ensure that patient communications, recordings and records are protected consistent with Federal and State privacy laws.", "sourceNote": "Source Note: The provisions of this §279.16 adopted to be effective March 4, 2013, 38 TexReg 1362; amended to be effective August 30, 2021, 46 TexReg 5417." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220577", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "280", "label": "THERAPEUTIC OPTOMETRY" }, "rule": { "number": "§280.1", "label": "Therapeutic License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220578", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Therapeutic optometrists are licensed to administer and prescribe ophthalmic devices, over-the-counter medications, and topical ocular pharmaceutical agents, other than antiglaucoma agents, for the purpose of diagnosing and treating visual defects, abnormal conditions and diseases of the human eye and adnexa, and to be able to remove superficial foreign matter and eyelashes from the external eye or adnexa.(b) A licensed optometrist who is not certified as a therapeutic optometrist may only use topical ocular pharmaceutical agents for the purpose of ascertaining and measuring the powers of vision of the human eye, examining and diagnosing visual defects, abnormal conditions, and diseases of the human eye and adnexa, and fitting lenses or prisms to correct or remedy any defect or abnormal condition of vision.", "sourceNote": "Source Note: The provisions of this §280.1 adopted to be effective September 2, 1991, 16 TexReg 4454; amended to be effective September 10, 1993, 18 TexReg 5746; amended to be effective August 2, 1998, 23 TexReg 7565; amended to be effective December 12, 1999, 24 TexReg 11103; amended to be effective May 22, 2023, 48 TexReg 2573; amended to be effective September 16, 2024, 49 TexReg 7326." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220578", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "280", "label": "THERAPEUTIC OPTOMETRY" }, "rule": { "number": "§280.5", "label": "Prescription and Diagnostic Drugs for Therapeutic Optometry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213569", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A therapeutic optometrist may administer and prescribe any drug authorized by Section 351.358 of the Act.(b) To prohibit substitution of a generically equivalent drug product on a written prescription drug order, a therapeutic optometrist must write across the face of the written prescription, in the therapeutic optometrist's own handwriting, \"brand necessary\" or \"brand medically necessary.\" If the therapeutic optometrist does not clearly indicate \"brand necessary\" or \"brand medically necessary,\" the pharmacist may substitute a generically equivalent drug product in compliance with the Texas Pharmacy Act, (Tex. Occ. Code Sections 562.008 and 562.009), and §309.3 of this title (relating to Substitution Requirements).(c) All prescriptions shall contain the following information:(1) the date of issuance;(2) the name and address of the patient for whom the drug is prescribed;(3) the name, strength, and quantity of the drug, medicine, or device prescribed;(4) the direction for use of the drug, medicine, or device prescribed;(5) the name and address of the therapeutic optometrist;(6) the manually written signature of the prescribing therapeutic optometrist; or an electronic signature provided that the prescription is electronically signed by the practitioner using a system which electronically replicates the practitioner's manual signature on the written prescription, and provided:(A) that security features of the system require the practitioner to authorize each use; and(B) the prescription is printed on paper that is designed to prevent unauthorized copying of a completed prescription and to prevent the erasure or modification of information written on the prescription by the prescribing practitioner; and(7) the license number of the prescribing therapeutic optometrist including the therapeutic designation.(d) The prescribing therapeutic optometrist issuing verbal or electronic prescription drug orders to a pharmacist shall furnish the same information required for a written prescription, except for the written signature. If the therapeutic optometrist does not clearly indicate \"brand necessary\" or \"brand medically necessary\" when communicating the prescription to the pharmacist, the pharmacist may substitute a generically equivalent drug product in compliance with the Texas Pharmacy Act and §309.3 of this title (related to Substitution Requirements).(e) A therapeutic optometrist may charge a reasonable fee for drugs administered within the optometric office, but a therapeutic optometrist shall not charge for any drugs supplied to the patient as take-home medication. Any drug supplied by a therapeutic optometrist other than an over-the counter drug shall be labeled in compliance with the following information in compliance with the Texas Dangerous Drug Act (Health and Safety Code, Chapter 483), and it shall contain the following:(1) the name, address, and telephone number of the therapeutic optometrist;(2) the date of dispensing;(3) the name of the patient;(4) the name and strength of the drug; and(5) the directions for use.(f) A therapeutic optometrist may administer and prescribe all:(1) ophthalmic devices;(2) over-the-counter medications including oral and other treatments; and(3) appropriate prescription topical pharmaceutical agents used for diagnosing and treating visual defects, abnormal conditions, and diseases of the human eye and adnexa.(g) The authority of an optometric glaucoma specialist to prescribe antiglaucoma drugs is defined by Section 351.3581 of the Act.(h) A therapeutic optometrist may possess and administer cocaine eye drops for diagnostic purpose. The cocaine eye drops must be no greater than 10 percent solution in prepackaged liquid form.(1) A therapeutic optometrist must observe all requirements of the Texas Controlled Substances Act, the Health and Safety Code, Chapter 481, and all requirements of the Texas Department of Public Safety (DPS) Drug Rules in making application and maintaining renewal of a United States Drug Enforcement Administration (DEA) registration number for possession of the cocaine eye drops, a Schedule II controlled substance.(2) The therapeutic optometrist must use the required DEA form for the purchase of the cocaine eye drops and shall maintain a complete and accurate record of purchases (to include samples received from pharmaceutical manufacturer representatives) and administration of controlled substances. The maximum amount to be purchased and maintained in an office of practice shall be no more than two vials, one opened and one in inventory.(3) The recordkeeping listed in this section shall be subject to inspection at all times by the Texas Department of Public Safety, the U.S. Drug Enforcement Administration, and the Texas Optometry Board. Any officer or employee of the governmental agencies shall have the right to inspect and copy records, reports, and other documents and inspect security controls, inventory, and premises where such cocaine eye drops are possessed or administered.(4) Minimum security controls shall be established to include but not limited to:(A) establishing adequate security to prevent unauthorized access and diversion of the controlled substance;(B) during the course of business activities, not allowing any individual access to the storage area for controlled substances except those authorized by the therapeutic optometrist;(C) storing the controlled substance in a securely locked, substantially constructed cabinet or security cabinet which shall meet the requirements under the DPS Drug Rules; or(D) not employ in any manner an individual that would have access to controlled substances who has had a federal or state application for controlled substances denied or revoked, or have been convicted of a felony offense under any state or federal law relating to controlled substances or been convicted of any other felony, or have been a licensee of a health regulatory agency whose license has been revoked, canceled, or suspended.(5) Failure of the therapeutic optometrist to maintain strict security and proper accountability of controlled substances shall be deemed to be a violation of the Act, §351.501 and §351.551.", "sourceNote": "Source Note: The provisions of this §280.5 adopted to be effective September 2, 1991, 16 TexReg 4454; amended to be effective January 8, 1992, 16 TexReg 7742; amended to be effective January 19, 1993, 18 TexReg 119; amended to be effective February 22, 1996, 21 TexReg 1093; amended to be effective July 8, 1996, 21 TexReg 5976; amended to be effective October 14, 1999, 24 TexReg 8749; amended to be effective August 3, 2000, 25 TexReg 7173; amended to be effective December 25, 2002, 27 TexReg 11919; amended to be effective June 26, 2003, 28 TexReg 4635; amended to be effective November 27, 2012, 37 TexReg 9362; amended to be effective May 22, 2023, 48 TexReg 2575;amended to be effective September 16, 2024, 49 TexReg 7326." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213569&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213569", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "280", "label": "THERAPEUTIC OPTOMETRY" }, "rule": { "number": "§280.6", "label": "Procedures Authorized for Therapeutic Optometrists" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220579", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Under the authority of §351.358 of the Texas Optometry Act, a therapeutic optometrist may administer, perform, or prescribe ophthalmic devices, procedures, and appropriate medications administered by topical means, to diagnose or treat visual defects, abnormal conditions, or diseases of the human vision system, including the eye and adnexa.(b) Pursuant to the limitations in subsection (a) of this title, a therapeutic optometrist may:(1) administer an amniotic membrane in a procedure that does not involve suturing; and(2) dispense and charge for therapeutic contact lenses in accordance with §551.004 of the Texas Pharmacy Act.", "sourceNote": "Source Note: The provisions of this §280.6 adopted to be effective June 3, 2015, 40 TexReg 3170; amended to be effective May 22, 2023, 48 TexReg 2574." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220579&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220579", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "280", "label": "THERAPEUTIC OPTOMETRY" }, "rule": { "number": "§280.9", "label": "Optometric Glaucoma Specialist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213573", "queryAsDate": "03/11/2026" }, "ruleBody": "An optometric glaucoma specialist may:(1) administer and prescribe appropriate medications by topical or oral means for the purpose of diagnosing and treating visual defects, abnormal conditions and diseases of the human vision system, including the eye and adnexa, as set forth in §280.10 of this chapter (relating to Optometric Glaucoma Specialist: Administration and Prescribing of Oral Medications and Anti-Glaucoma Drugs); and(2) treat glaucoma, as set forth in §351.3581 of the Act and §280.10 of this chapter, including the administration and prescribing of appropriate medications by topical, oral, or parenteral means.", "sourceNote": "Source Note: The provisions of this §280.9 adopted to be effective August 3, 2000, 25 TexReg 7175; amended to be effective May 22, 2023, 48 TexReg 2574; amended to be effective September 16, 2024, 49 TexReg 7326." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213573&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213573", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "14", "label": "TEXAS OPTOMETRY BOARD" }, "chapter": { "number": "280", "label": "THERAPEUTIC OPTOMETRY" }, "rule": { "number": "§280.10", "label": "Optometric Glaucoma Specialist: Administration and Prescribing of Oral Medications and Anti-Glaucoma Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129661", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An optometric glaucoma specialist may administer and prescribe any drug authorized by the Texas Optometry Act, §351.358 and §351.3581, in addition to those drugs that may be administered and prescribed by a therapeutic optometrist.(b) The requirements of §280.5 of this chapter (relating to Prescription and Diagnostic Drugs for Therapeutic Optometry and the statutes cited in the rule apply to the optometric glaucoma specialist's prescription orders, the administration of drugs in the optometric office and the labeling of drugs supplied to patients. The requirements for a prescription order for a Controlled Substance are listed in subsection (f) of this section.(c) An optometric glaucoma specialist may administer and prescribe appropriate medications in accordance with the Texas Optometry Act Section 351.3581, in addition to those drugs authorized by §280.5 of this chapter:(1) appropriate oral and topical pharmaceutical agents used for diagnosing and treating visual defects, abnormal conditions, or diseases of the human vision system, including the eye and adnexa;(2) appropriate medication by parenteral means and purpose pursuant to Section 351.3581 of the Texas Optometry Act, and(3) antiglaucoma drugs.(d) An optometric glaucoma specialist may inject appropriate medications to treat a patient who has an anaphylactic reaction in order to counteract the anaphylaxis. The optometric glaucoma specialist shall immediately refer the patient to a physician.(e) An optometric glaucoma specialist may independently administer oral carbonic anhydrase inhibitors for emergency purposes only and shall immediately refer the patient to an ophthalmologist.(f) Controlled Substances.(1) The following paragraphs apply to an optometric glaucoma specialist possessing, administering or prescribing a Schedule III, IV or V analgesic Controlled Substance. The paragraphs also apply to an optometric glaucoma specialist who has obtained the registrations necessary to possess, administer or prescribe a Schedule III, IV or V Controlled Substance.(2) An optometric glaucoma specialist must possess a current Controlled Substances Registration from the United States Drug Enforcement Administration (DEA) in order to procure, possess, administer or prescribe a Schedule III, IV or V analgesic Controlled Substance. A licensee applying for or possessing a Controlled Substances Registration must observe all requirements of the Texas Controlled Substances Act, the Health and Safety Code, Chapter 481, and applicable federal law.(3) All prescriptions for a Schedule III, IV or V Controlled Substance shall contain the following information (Licensees telephoning or communicating the prescription orally to a pharmacist shall supply the information in this subsection to the pharmacist, except for the signature of the optometric glaucoma specialist.):(A) date of issuance;(B) name, address and date of birth of the patient for whom the controlled substance is prescribed;(C) name, strength and quantity (written as both a number and as a word) of the controlled substance prescribed;(D) direction for use of the controlled substance;(E) intended use of the controlled substance prescribed unless the optometric glaucoma specialist determines the furnishing of this information is not in the best interest of the patient;(F) printed or stamped name, address and business telephone number of the optometric glaucoma specialist;(G) written signature of the prescribing optometric glaucoma specialist;(H) complete license number of the prescribing optometric glaucoma specialist; and(I) DEA registration number.(4) An optometric glaucoma specialist shall maintain a complete and accurate record of purchases (to include samples received from pharmaceutical manufacturer representatives) and administrations of Schedule III, IV or V analgesic Controlled Substances.(5) The record keeping listed in this section shall be subject to inspection at all times by the Texas Department of Public Safety, the U.S. Drug Enforcement Administration and the Texas Optometry Board, and any officer or employee of the governmental agencies shall have the right to inspect and copy records, reports and other documents, and inspect security controls, inventory and premises where Schedule III, IV and V analgesic controlled substances are possessed or administered.(6) Minimum security controls shall be established to include, but not limited to:(A) establishing adequate security to prevent unauthorized access and diversion of the controlled substance;(B) during the course of business activities, not allowing any individual access to the storage area for controlled substances except those authorized by the optometric glaucoma specialist;(C) storing the controlled substance in a securely locked, substantially constructed cabinet or security cabinet which shall meet the requirements under the DPS Drug Rules; and(D) not employ in any manner an individual that would have access to controlled substances who has had a federal or state application for controlled substances denied or revoked, or has been convicted of a felony offense under any state or federal law relating to controlled substances or been convicted of any other felony, or has been a licensee of a health regulatory agency whose license has been revoked, canceled or suspended.(7) Failure of the optometric glaucoma specialist to maintain strict security and proper accountability of controlled substance shall be deemed to be a violation of the Texas Optometry Act, §351.501 and §351.551.(g) Prescribing a Controlled Substances Schedule III, IV or V analgesic.(1) If permitted by the generally accepted standard of care, an optometric glaucoma specialist may prescribe a Schedule III, IV or V analgesic if the following minimum requirements have been met:(A) Evaluation of the patient.(i) An optometric glaucoma specialist is responsible for obtaining a medical history and a physical examination that includes a problem-focused exam specific to the chief presenting complaint of the patient.(ii) Should the optometric glaucoma specialist prescribe a Schedule III, IV or V analgesic, the medical record shall document the medical history and physical examination, including:(I) the nature and intensity of the presenting pain;(II) current and past treatments for the presenting pain;(III) underlying or coexisting diseases and conditions;(IV) any history and potential for substance abuse or diversion; and(V) the presence of one or more recognized medical indications for the use of a dangerous or scheduled drug.(B) Prior to prescribing a Schedule III, IV or V analgesic, an optometric glaucoma specialist must review the prescription data and history related to the patient, if any, contained in the Prescription Drug Monitoring Program set out in §§481.075, 481.076, and 481.0761 of the Texas Health and Safety Code, unless:(i) the patient has been diagnosed with cancer or the patient is receiving hospice care and the optometric glaucoma specialist clearly notes in the prescription record that the patient was diagnosed with cancer or is receiving hospice care, as applicable; or(ii) the optometric glaucoma specialist makes a good faith attempt to comply but is unable to access the information under §481.076(a)(5) of the Texas Health and Safety Code because of circumstances outside the control of the prescriber or dispenser.(C) Informed consent. It is the responsibility of the optometric glaucoma specialist to discuss the risks and benefits of the use of a Schedule III, IV or V analgesic with the patient, persons designated by the patient, or with the patient's surrogate or guardian if the patient is without medical decision-making capacity. This discussion must be documented by a contemporaneous notation included in the medical records. Discussion of risks and benefits must include an explanation of the:(i) diagnosis;(ii) treatment plan;(iii) anticipated therapeutic results, including the realistic expectations for sustained pain relief and improved functioning and possibilities for lack of pain relief;(iv) therapies in addition to or instead of drug therapy, including physical therapy or psychological techniques;(v) potential side effects and how to manage them;(vi) adverse effects, including the potential for dependence, addiction, tolerance and withdrawal; and(vii) potential for impairment of judgment and motor skills.(D) Patients who are at-risk for abuse or addiction require special attention. Patients with chronic pain and histories of substance abuse or with comorbid psychiatric disorders require even more care. A referral to an expert in the management of such patients must be considered in their treatment.(E) Medical records. The medical records shall document the rationale of the treatment plan and the rationale for prescribing a Schedule III, IV or V analgesic. The medical records must be sufficient to document compliance with this rule, including, but not limited to, containing:(i) the medical history and the physical examination;(ii) diagnostic, therapeutic and laboratory results;(iii) evaluations and consultations;(iv) treatment objectives;(v) discussion of risks and benefits;(vi) informed consent;(vii) treatments;(viii) medications (including date, type, dosage and quantity prescribed); and(ix) instructions and agreements.(2) The Board may open a complaint against an optometric glaucoma specialist if the Board finds evidence that the optometric glaucoma specialist is engaging in potentially harmful prescribing patterns or practices may be occurring. A potentially harmful prescribing pattern or practice may be determined from:(A) the number of times an optometric glaucoma specialist prescribes a Schedule III, IV or V analgesic;(B) patterns of prescribing combinations of Schedule III, IV or V analgesics and other dangerous combinations of drugs;(C) data from the Prescription Monitoring Program indicating that the volume of prescribing places the optometric glaucoma specialist in the top prescribers in the state at any time in the preceding 12 months for prescriptions of Schedule III, IV or V analgesics, except for an optometric glaucoma specialist prescribing the drugs to treat cancer patients or patients in hospice facilities;(D) complaints and/or information, from non-anonymous complainants related to inappropriate prescribing practices, including those from law enforcement agencies or health care regulators;(E) A patient overdose death related to Schedule III, IV or V analgesics, prescribed by a optometric glaucoma specialist; or(F) arrest of an optometric glaucoma specialist related to improper or fraudulent prescribing of controlled substances;(3) Language in this section regarding the prescribing of a Schedule III, IV or V analgesic is not intended to expand the classes of drugs that may be prescribed by an optometric glaucoma specialist under subsections (a) - (e) of this section.", "sourceNote": "Source Note: The provisions of this §280.10 adopted to be effective August 3, 2000, 25 TexReg 7176; amended to be effective March 9, 2009, 34 TexReg 1591; amended to be effective January 2, 2019, 43 TexReg 8596; amended to be effective May 22, 2023, 48 TexReg 2576." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129661&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129661", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.1", "label": "Objective and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225220", "queryAsDate": "03/11/2026" }, "ruleBody": "The objective of this chapter is to obtain a just, fair, and equitable determination of any matter within the jurisdiction of the board. To the end that this objective may be attained with as great expedition and at the least expense as possible to the parties and the state, the provisions of this chapter shall be given a liberal construction. The provisions of this chapter govern the procedure for the institution, conduct, and determination of all proceedings before the board. All actions taken by the board shall be in accordance with the Act, the Government Code, the Occupations Code, the board's rules and any other applicable laws or rules.", "sourceNote": "Source Note: The provisions of this §281.1 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective March 25, 2007, 32 TexReg 1507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225220", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11535", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:(1) Act--The Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code, as amended.(2) Administrative law judge--A judge employed by the State Office of Administrative Hearings.(3) Agency--The Texas State Board of Pharmacy, and its divisions, departments, and employees.(4) Administrative Procedure Act (APA)--Government Code, Chapter 2001, as amended.(5) Board--The Texas State Board of Pharmacy.(6) Confidential address of record--The home address required to be provided by each individual, who is a licensee, registrant, or pharmacy owner and where service of legal notice will be sent. The address is confidential, as set forth in §555.001(d) of the Act, and not subject to disclosure under the Public Information Act.(7) Contested case--A proceeding, including but not restricted to licensing, in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing.(8) Diversion of controlled substances--An act or acts which result in the distribution of controlled substances from legitimate pharmaceutical or medical channels in violation of the Controlled Substances Act or rules promulgated pursuant to the Controlled Substances Act or rules relating to controlled substances promulgated pursuant to this Act.(9) Diversion of dangerous drugs--An act or acts which result in the distribution of dangerous drugs from legitimate pharmaceutical or medical channels in violation of the Dangerous Drug Act or rules promulgated pursuant to the Dangerous Drug Act or rules relating to dangerous drugs promulgated pursuant to this Act.(10) Executive director/secretary--The secretary of the board and executive director of the agency.(11) License--The whole or part of any agency permit, certificate, approval, registration, or similar form of permission required by law.(12) Licensee--Any individual or person to whom the agency has issued any permit, certificate, approved registration, or similar form of permission authorized by law.(13) Licensing--The agency process relating to the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.(14) Official act--Any act performed by the board pursuant to a duty, right, or responsibility imposed or granted by law, rule, or regulation.(15) Person--An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.(16) President--The president of the Texas State Board of Pharmacy.(17) Presiding Officer--The president of the Texas State Board of Pharmacy or, in the president's absence, the highest ranking officer present at a board meeting.(18) Publicly available address of record--The alternate address required to be provided by each licensee, registrant, or pharmacy owner, which will be released to the public, as set forth in §555.001(d) of the Act, and is subject to disclosure under the Public Information Act.(A) The alternate address must be a business address or other alternate address, such as the home address of the individual's relative, where mail can be received on a regular basis.(B) A pharmacy must provide the physical address of the pharmacy to be used for this purpose.(19) Quorum--A majority of the members of the board appointed and serving on the board.(20) State Office of Administrative Hearings (SOAH)--The agency to which contested cases are referred by the Texas State Board of Pharmacy.(21) Sample--A prescription drug which is not intended to be sold and is intended to promote the sale of the drug.(22) Texas Public Information Act--Government Code, Chapter 552.", "sourceNote": "Source Note: The provisions of this §281.2 adopted\r\nto be effective December 30, 1998, 23 TexReg 13073; amended to be\r\neffective December 27, 2000, 25 TexReg 12688; amended to be effective\r\nSeptember 8, 2002, 27 TexReg 8212; amended to be effective March 25,\r\n2007, 32 TexReg 1507; amended to be effective September 12, 2011,\r\n36 TexReg 5845; amended to be effective May 28, 2025, 50 TexReg 3126." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11535", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.3", "label": "Construction of This Chapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129663", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the construction of this chapter, a provision of a section referring to the board, or a provision referring to the presiding officer, is construed to apply to the board or the president if the matter is within the jurisdiction of the board.(b) Unless otherwise provided by law, any duty imposed on the board or the president may be delegated to a duly authorized representative. In such case, the provisions of any section referring to the board or the president shall be construed to also apply to the duly authorized representative(s) of the board or the president.", "sourceNote": "Source Note: The provisions of this §281.3 adopted to be effective December 30, 1998, 23 TexReg 13073." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129663&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129663", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.4", "label": "Official Acts in Writing and Open to the Public" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129664", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All official acts of the board shall be evidenced by a written record. Such writings shall be open to the public in accordance with the Act and the Texas Public Information Act, Government Code Chapter 552. Any hearing and any Board meeting shall be open to the public in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, provided, however, that pursuant to §552.011, Texas Pharmacy Act, the board may, in its discretion, conduct deliberations relative to licensee disciplinary actions in a closed meeting. The board in a closed meeting may conduct disciplinary hearings relating to a pharmacist or pharmacy student who is impaired because of chemical abuse or mental or physical illness. At the conclusion of its deliberations relative to licensee disciplinary action, the board shall vote and announce its decision relative to the licensee in open session. All disciplinary hearings before the State Office of Administrative Hearings shall be open to the public, including those relating to a pharmacist or pharmacy student who is impaired because of chemical abuse or mental or physical illness. Official action of the board shall not be bound or prejudiced by any informal statement or opinion made by any member of the board or the employees of the agency.(b) The president shall be the chairman and preside over all meetings of the board at which the president is present unless otherwise provided for under this chapter. In the absence of the president, the vice president shall preside. In the vice president's absence, one of the other Board members shall preside as acting chairman. The acting chairman shall be selected by mutual agreement of the board members present or, lacking mutual agreement, shall be the member senior in length of service on the board.", "sourceNote": "Source Note: The provisions of this §281.4 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective December 27, 2000, 25 TexReg 12688; amended to be effective September 8, 2002, 27 TexReg 8212; amended to be effective March 25, 2007, 32 TexReg 1507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129664", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.5", "label": "Initiating Proceedings Before the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163736", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Rules. Any interested person may petition the board requesting the adoption of a rule. Petitions shall be sent to the executive director/secretary. Within 60 days after the submission of a petition, the board shall either deny the petition in writing, stating the reasons for the denial, or shall initiate rulemaking proceedings. Petitions shall be deemed sufficient if they contain:(1) the exact wording of the new, changed, or amended proposed rule;(2) specific reference to the existing rule which is proposed to be changed or amended in the case of a changed or amended rule; and(3) a justification for the proposed action set out in narrative form with sufficient particularity to inform the board and any other interested party of the reasons and arguments on which the petitioner is relying.(b) Other. In any other matter, any person desiring that the board perform some official act permitted or required by law shall request such performance in writing. Such requests shall be directed to the executive director/secretary of the board. Any written request shall be deemed sufficient to initiate the proceedings and present the subject matter to the board for its official determination if the request reasonably gives notice to the board of the act desired. The board may also initiate proceedings on its own motion.", "sourceNote": "Source Note: The provisions of this §281.5 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective March 25, 2007, 32 TexReg 1507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163736&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163736", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.6", "label": "Mental or Physical Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198485", "queryAsDate": "03/11/2026" }, "ruleBody": "For the purposes of the Act, §§565.001(a)(4), 565.052, 568.003(a)(5), and 568.0036, shall be applied as follows.(1) The board may discipline an applicant, licensee, or registrant if the board finds that the applicant, licensee, or registrant has developed an incapacity that in the estimation of the board would prevent a pharmacist from engaging in the practice of pharmacy or a pharmacy technician or pharmacy technician trainee from practicing with a level of skill and competence that ensures the public health, safety, and welfare.(2) Upon a finding of probable cause, as determined by the board or an authorized agent of the board, that the applicant, licensee, or registrant has developed an incapacity that in the estimation of the board would prevent a pharmacist from engaging in the practice of pharmacy or a pharmacy technician or pharmacy technician trainee from practicing with a level of skill and competence that ensures the public health, safety, and welfare, the following is applicable.(A) The executive director/secretary, legal counsel of the agency, or other representative of the agency as designated by the executive director/secretary, shall request the applicant, licensee, or registrant to submit to a mental or physical examination by a physician or other healthcare professional designated by the board. The individual providing the examination shall be approved by the board. Such examination shall be coordinated through the entity that contracts with the board to aid impaired pharmacists and pharmacy students. The applicant, licensee, or registrant shall:(i) provide the entity with written notice of the appointment at least three days prior to the appointment;(ii) execute and return to the entity an authorization for release of relevant information on the form required by the entity, within ten days of receipt of request for the release from the entity; and(iii) follow all other procedures of the entity for each examination.(B) The applicant, licensee, or registrant shall be notified in writing, by either personal service or certified mail with return receipt requested, of the request to submit to the examination.(C) The applicant, licensee, or registrant shall submit to the examination within 30 days of the date of the receipt of the request.(D) The applicant, licensee, or registrant shall authorize the release of the results of the examination and the results shall be submitted to the board within 15 days of the date of the examination.(3) If the applicant, licensee, or registrant does not comply with the provisions of paragraph (2) of this section, the following is applicable.(A) The executive director/secretary shall cause to be issued an order requiring the applicant, licensee, or registrant to show cause why he/she will not submit to the examination.(B) The executive director/secretary shall schedule a hearing on the order before a panel of three members of the board appointed by the president of the board, within 30 days after notice is served on the applicant, licensee, or registrant.(C) The applicant, licensee, or registrant shall be notified of the hearing by either personal service or certified mail with return receipt requested.(D) At the hearing, the applicant, licensee, or registrant has the burden of proof once probable cause has been established by the board, as required by §565.062 of the Act to rebut the probable cause. The applicant, licensee, or registrant, and if applicable, the applicant's, licensee's, or registrants' attorney, are entitled to present testimony and other evidence to show why probable cause has not been established requiring the applicant, licensee, or registrant to submit to the examination. An evaluation that has not been approved by the board and coordinated by the entity that contracts with the board to aid impaired pharmacist and pharmacy students according to its procedure cannot be admitted at the hearing in lieu of one that has been properly approved and coordinated.(E) After the hearing, the panel shall issue an order either requiring the applicant, licensee, or registrant to submit to the examination not later than the 60th day after the date of the order or withdraw the request for examination, as applicable.", "sourceNote": "Source Note: The provisions of this §281.6 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective December 27, 2000, 25 TexReg 12688; amended to be effective March 25, 2007, 32 TexReg 1507; amended to be effective December 7, 2010, 35 TexReg 10689; amended to be effective June 7, 2012, 37 TexReg 4045; amended to be effective September 8, 2013, 38 TexReg 5720." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198485", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.7", "label": "Grounds for Discipline for a Pharmacist License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179828", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of the Act, §565.001(a)(2), \"unprofessional conduct\" is defined as engaging in behavior or committing an act that fails to conform with the standards of the pharmacy profession, including, but not limited to, criminal activity or activity involving moral turpitude, dishonesty, or corruption. This conduct shall include, but not be limited to:(1) dispensing a prescription drug pursuant to a forged, altered, or fraudulent prescription;(2) dispensing a prescription drug order pursuant to a prescription from a practitioner as follows:(A) the dispensing of a prescription drug order not issued for a legitimate medical purpose or in the usual course of professional practice shall include the following:(i) dispensing controlled substances or dangerous drugs to an individual or individuals in quantities, dosages, or for periods of time which grossly exceed standards of practice, approved labeling of the federal Food and Drug Administration, or the guidelines published in professional literature; or(ii) dispensing controlled substances or dangerous drugs when the pharmacist knows or reasonably should have known that the controlled substances or dangerous drugs are not necessary or required for the patient's valid medical needs or for a valid therapeutic purpose;(B) the provisions of subparagraph (A)(i) and (ii) of this paragraph are not applicable for prescriptions dispensed to persons with intractable pain in accordance with the requirements of the Intractable Pain Treatment Act, or to a narcotic drug dependent person in accordance with the requirements of Title 21, Code of Federal Regulations, §1306.07, and the Regulation of Narcotic Drug Treatment Programs Act;(3) delivering or offering to deliver a prescription drug or device in violation of this Act, the Controlled Substances Act, the Dangerous Drug Act, or rules promulgated pursuant to these Acts;(4) acquiring or possessing or attempting to acquire or possess prescription drugs in violation of this Act, the Controlled Substances Act, the Dangerous Drug Act, or rules adopted pursuant to these Acts;(5) distributing prescription drugs or devices to a practitioner or a pharmacy not in the course of professional practice or in violation of this Act, the Controlled Substances Act, Dangerous Drug Act, or rules adopted pursuant to these Acts;(6) refusing or failing to keep, maintain or furnish any record, notification or information required by this Act, the Controlled Substances Act, the Dangerous Drug Act, or rules adopted pursuant to these Acts;(7) refusing an entry into any pharmacy for any inspection authorized by the Act;(8) making false or fraudulent claims to third parties for reimbursement for pharmacy services;(9) operating a pharmacy in an unsanitary manner;(10) making false or fraudulent claims concerning any drug;(11) persistently and flagrantly overcharging for the dispensing of controlled substances;(12) dispensing controlled substances or dangerous drugs in a manner not consistent with the public health or welfare;(13) failing to practice pharmacy in an acceptable manner consistent with the public health and welfare;(14) refilling a prescription upon which there is authorized \"prn\" refills or words of similar meaning, for a period of time in excess of one year from the date of issuance of such prescription;(15) engaging in any act, acting in concert with another, or engaging in any conspiracy resulting in a restraint of trade, coercion, or a monopoly in the practice of pharmacy;(16) sharing or offering to share with a practitioner compensation received from an individual provided pharmacy services by a pharmacist;(17) obstructing a board employee in the lawful performance of his or her duties of enforcing the Act;(18) engaging in conduct that subverts or attempts to subvert any examination or examination process required for a license to practice pharmacy. Conduct that subverts or attempts to subvert the pharmacist licensing examination process includes, but is not limited to:(A) copying, retaining, repeating, or transmitting in any manner the questions contained in any examination administered by the board or questions contained in a question pool of any examination administered by the board;(B) copying or attempting to copy another candidate's answers to any questions on any examination required for a license to practice pharmacy;(C) obtaining or attempting to obtain confidential examination materials compiled by testing services or the board;(D) impersonating or acting as a proxy for another in any examination required for a license to practice pharmacy;(E) requesting or allowing another to impersonate or act as a proxy in any examination required for a license to practice pharmacy; or(F) violating or attempting to violate the security of examination materials or the examination process in any manner;(19) violating the provisions of an agreed board order or board order;(20) dispensing a prescription drug while not acting in the usual course of professional pharmacy practice;(21) failing to provide or providing false or fraudulent information on any application, notification, or other document required under this Act, the Dangerous Drug Act, the Controlled Substances Act, or rules adopted pursuant to those Acts;(22) using abusive, intimidating, or threatening behavior toward a board member or employee during the performance of such member's or employee's lawful duties;(23) failing to establish or maintain effective controls against the diversion or loss of controlled substances or dangerous drugs, loss of controlled substance or dangerous drug records, or failing to ensure that controlled substances or dangerous drugs are dispensed in compliance with state and federal laws or rules, by a pharmacist who is:(A) a pharmacist-in-charge of a pharmacy;(B) a sole proprietor or individual owner of a pharmacy;(C) a partner in the ownership of a pharmacy; or(D) a managing officer of a corporation, association, or joint-stock company owning a pharmacy. A pharmacist, as set out in subparagraphs (B) - (D) of this paragraph, is equally responsible with an individual designated as pharmacist-in-charge of such pharmacy to ensure that employee pharmacists and the pharmacy are in compliance with all state and federal laws or rules relating to controlled substances or dangerous drugs;(24) failing to correct the issues identified in a warning notice by the specified time;(25) being the subject of civil fines imposed by a federal or state court as a result of violating the Controlled Substances Act or the Dangerous Drug Act;(26) selling, purchasing, or trading or offering to sell, purchase, or trade prescription drug samples; provided, however, this paragraph does not apply to:(A) prescription drugs provided by a manufacturer as starter prescriptions or as replacement for such manufacturer's out-dated drugs;(B) prescription drugs provided by a manufacturer in replacement for such manufacturer's drugs that were dispensed pursuant to written starter prescriptions; or(C) prescription drug samples possessed by a pharmacy of a health care entity which provides health care primarily to indigent or low income patients at no or reduced cost and if:(i) the samples are possessed in compliance with the Prescription Drug Marketing Act of 1987;(ii) the pharmacy is owned by a charitable organization described in the Internal Revenue Code of 1986, §501(c)(3), or by a city, state or county government; and(iii) the samples are for dispensing or provision at no charge to patients of such health care entity;(27) selling, purchasing, or trading or offering to sell, purchase, or trade prescription drugs:(A) sold for export use only;(B) purchased by a public or private hospital or other health care entity; or(C) donated or supplied at a reduced price to a charitable organization described in the Internal Revenue Code of 1986, §501(c)(3);(D) provided that subparagraphs (A) - (C) of this paragraph do not apply to:(i) the purchase or other acquisition by a hospital or other health care entity which is a member of a group purchasing organization or from other hospitals or health care entities which are members of such organization;(ii) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by an organization described in subparagraph (C) of this paragraph to a nonprofit affiliate of the organization to the extent otherwise permitted by law;(iii) the sale, purchase or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities which are under common control;(iv) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons including the transfer of a drug between pharmacies to alleviate temporary shortages of the drug arising from delays in or interruptions of regular distribution schedules; or(v) the dispensing of a prescription drug pursuant to a valid prescription drug order to the extent otherwise permitted by law;(28) selling, purchasing, or trading, or offering to sell, purchase, or trade:(A) misbranded prescription drugs; or(B) prescription drugs beyond the manufacturer's expiration date;(29) failing to respond and to provide all requested records within the time specified in an audit of continuing education records under §295.8 of this title (relating to Continuing Education Requirements); or(30) allowing an individual whose license to practice pharmacy, either as a pharmacist or a pharmacist-intern, or a pharmacy technician/trainee whose registration has been disciplined by the board, resulting in the license or registration being revoked, canceled, retired, surrendered, denied or suspended, to have access to prescription drugs in a pharmacy.(b) For the purposes of the Act, §565.001(a)(3), the term \"gross immorality\" shall include, but not be limited to:(1) conduct which is willful, flagrant, and shameless, and which shows a moral indifference to standards of the community;(2) engaging in an act which is a felony;(3) engaging in an act that constitutes sexually deviant behavior; or(4) being required to register with the Department of Public Safety as a sex offender under Chapter 62, Code of Criminal Procedure.(c) For the purposes of the Act, §565.001(a)(5), the terms \"fraud,\" \"deceit,\" or \"misrepresentation\" in the practice of pharmacy or in seeking a license to act as a pharmacist shall be defined as follows:(1) \"Fraud\" means an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him, or to surrender a legal right, or to issue a license; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives or is intended to deceive another.(2) \"Deceit\" means the assertion, as a fact, of that which is not true by any means whatsoever to deceive or defraud another.(3) \"Misrepresentation\" means a manifestation by words or other conduct which is a false representation of a matter of fact.", "sourceNote": "Source Note: The provisions of this §281.7 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective December 27, 2000, 25 TexReg 12688; amended to be effective March 25, 2007, 32 TexReg 1507; amended to be effective September 9, 2012, 37 TexReg 6915; amended to be effective December 6, 2015, 40 TexReg 8763; amended to be effective June 20, 2019, 44 TexReg 2945; amended to be effective March 5, 2020, 45 TexReg 1419." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179828", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.8", "label": "Grounds for Discipline for a Pharmacy License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of §565.002(a)(9) of the Act, a pharmacy fails to establish and maintain effective controls against diversion of prescription drugs when:(1) there is inadequate security or procedures to prevent unauthorized access to prescription drugs; or(2) there is inadequate security or procedures to prevent the diversion of prescription drugs.(b) For the purposes of §565.002(a)(3) of the Act, it is grounds for discipline for a pharmacy license when:(1) during the time an individual's license to practice pharmacy, either as a pharmacist or a pharmacist-intern, or a pharmacy technician's registration has been disciplined by the Board, resulting in the license or registration being revoked, canceled, retired, surrendered, denied or suspended, the pharmacy employs or allows such individual access to prescription drugs;(2) the pharmacy possesses or engages in the sale, purchase, or trade or the offer to sell, purchase, or trade prescription drug samples; provided however, this paragraph does not apply to:(A) prescription drugs provided by a manufacturer as starter prescriptions or as replacement for such manufacturer's outdated drugs;(B) prescription drugs provided by a manufacturer in replacement for such manufacturer's drugs that were dispensed pursuant to written starter prescriptions; or(C) prescription drug samples possessed by a pharmacy of a health care entity which provides health care primarily to indigent or low income patients at no or reduced cost and if:(i) the samples are possessed in compliance with the Prescription Drug Marketing Act of 1987;(ii) the pharmacy is owned by a charitable organization described in the Internal Revenue Code of 1986, §501(c)(3), or by a city, state or county government; and(iii) the samples are for dispensing or provision at no charge to patients of such health care entity;(3) the pharmacy possesses or engages in the sale, purchase, or trade or the offer to sell, purchase, or trade of prescription drugs:(A) sold for export use only;(B) purchased by a public or private hospital or other health care entity; or(C) donated or supplied at a reduced price to a charitable organization described in the Internal Revenue Code of 1986, §501(c)(3), and possessed by a pharmacy other than one owned by the charitable organization;(D) provided that subparagraphs (A) - (C) of this paragraph do not apply to:(i) the purchase or other acquisition by a hospital or other health care entity which is a member of a group purchasing organization or from other hospitals or health care entities which are members of such organization;(ii) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by an organization described in paragraph (2)(C)(ii) of this subsection to a nonprofit affiliate of the organization to the extent otherwise permitted by law;(iii) the sale, purchase or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities which are under common control;(iv) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for emergency medical reasons including the transfer of a drug between pharmacies to alleviate temporary shortages of the drug arising from delays in or interruptions of regular distribution schedules;(v) the dispensing of a prescription drug pursuant to a valid prescription drug order to the extent otherwise permitted by law;(4) the pharmacy engages in the sale, purchase, or trade or the offer to sell, purchase, or trade of:(A) misbranded prescription drugs; or(B) prescription drugs beyond the manufacturer's expiration date.(5) the owner or managing officer has previously been disciplined by the board; or(6) a non-resident pharmacy fails to reimburse the board or its designee for all expenses, including travel, incurred by the board in inspecting the non-resident pharmacy as specified in §556.0551 of the Act;(7) the owner, managing officer(s), or other pharmacy employee(s) displays abusive, intimidating, or threatening behavior toward a board member or employee during the performance of such member's or employee's lawful duties; or(8) the pharmacy waived, discounted, or reduced, or offered to waive, discount, or reduce, a patient copayment or deductible for a compounded drug in the absence of:(A) a legitimate, documented financial hardship of the patient; or(B) evidence of a good faith effort to collect the copayment or deductible from the patient.(c) For the purposes of §565.002(a)(10) of the Act, the terms \"fraud,\" \"deceit,\" or \"misrepresentation\" in operating a pharmacy or in seeking a license to operate shall be defined as follows:(1) \"Fraud\" means an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him, or to surrender a legal right, or to issue a license; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives or is intended to deceive another;(2) \"Deceit\" means the assertion, as a fact, of that which is not true by any means whatsoever to deceive or defraud another; and(3) \"Misrepresentation\" means a manifestation by words or other conduct which is a false representation of a matter of fact.", "sourceNote": "Source Note: The provisions of this §281.8 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective July 14, 1999, 24 TexReg 5193; amended to be effective December 27, 2000, 25 TexReg 12688; amended to be effective March 12, 2003, 28 TexReg 2082; amended to be effective June 6, 2004, 29 TexReg 5347; amended to be effective March 25, 2007, 32 TexReg 1507; amended to be effective September 14, 2010, 35 TexReg 8355; amended to be effective March 15, 2015, 40 TexReg 1085; amended to be effective March 10, 2016, 41 TexReg 1689; amended to be effective September 11, 2016, 41 TexReg 6695." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198486", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.9", "label": "Grounds for Discipline for a Pharmacy Technician or a Pharmacy Technician Trainee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129669", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pharmacy technicians and pharmacy technician trainees shall be subject to all disciplinary grounds set forth in §568.003 of the Act.(b) For the purposes of the Act, §568.003(a)(10), \"negligent, unreasonable, or inappropriate conduct\" shall include, but not be limited to:(1) delivering or offering to deliver a prescription drug or device in violation of this Act, the Controlled Substances Act, the Dangerous Drug Act, or rules promulgated pursuant to these Acts;(2) acquiring or possessing or attempting to acquire or possess prescription drugs in violation of this Act, the Controlled Substances Act, or Dangerous Drug Act or rules adopted pursuant to these Acts;(3) failing to perform the duties of a pharmacy technician or pharmacy technician trainee in an acceptable manner consistent with the public health and welfare, which contributes to a prescription not being dispensed or delivered accurately;(4) obstructing a board employee in the lawful performance of his duties of enforcing the Act;(5) violating the provisions of an agreed board order or board order, including accessing prescription drugs with a revoked or suspended pharmacy technician or pharmacy technician trainee registration;(6) abusive, intimidating, or threatening behavior toward a board member or employee during the performance of such member's or employee's lawful duties; or(7) failing to respond and to provide all requested records within the time specified in an audit of continuing education records under §297.8 of this title (relating to Continuing Education Requirements).(c) For the purposes of the Act, §568.003(a)(2), the term \"gross immorality\" shall include, but not be limited to:(1) conduct which is willful, flagrant, and shameless, and which shows a moral indifference to standards of the community;(2) engaging in an act which is a felony;(3) engaging in an act that constitutes sexually deviant behavior; or(4) being required to register with the Department of Public Safety as a sex offender under Chapter 62, Code of Criminal Procedure.(d) For the purposes of the Act, §568.003(a)(3), the terms \"fraud,\" \"deceit,\" or \"misrepresentation\" shall apply to an individual seeking a registration as a pharmacy technician, as well as making an application to any entity that certifies or registers pharmacy technicians, and shall be defined as follows:(1) \"Fraud\" means an intentional perversion of truth for the purpose of inducing the board in reliance upon it to issue a registration; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives or is intended to deceive the board.(2) \"Deceit\" means the assertion, as a fact, of that which is not true by any means whatsoever to deceive or defraud the board.(3) \"Misrepresentation\" means a manifestation by words or other conduct which is a false representation of a matter of fact.", "sourceNote": "Source Note: The provisions of this §281.9 adopted to be effective September 3, 2006, 31 TexReg 6721; amended to be effective March 25, 2007, 32 TexReg 1507; amended to be effective March 6 2008, 33 TexReg 1783; amended to be effective May 30, 2010, 35 TexReg 4163; amended to be effective September 12, 2011, 36 TexReg 5845; amended to be effective December 6, 2015, 40 TexReg 8763; amended to be effective March 5, 2020, 45 TexReg 1421." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129669", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.10", "label": "Denial of a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148202", "queryAsDate": "03/11/2026" }, "ruleBody": "If an applicant's original application or request for renewal of a license is denied, he shall have 30 days from the date of denial to make a written request for a hearing. If so requested, the hearing will be granted and the provisions of APA and this chapter with regard to a contested case shall apply.", "sourceNote": "Source Note: The provisions of this §281.10 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective March 25, 2007, 32 TexReg 1507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148202", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.11", "label": "Criminal History Evaluation Letter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148203", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person, who is enrolled or planning to enroll in an educational program that prepares the person for a license as a pharmacist or a registration as a pharmacy technician or trainee, or planning to take an examination required for such a license or registration, and who has reason to believe that he or she may be ineligible due to a conviction or deferred adjudication for a felony or misdemeanor offense, may request a criminal history evaluation letter regarding his or her eligibility for a license or registration.(b) The person must submit an application for the criminal history evaluation letter on a form provided by the board which includes:(1) a statement indicating the reasons and basis for potential ineligibility, including each criminal offense for which the person was arrested, charged, convicted, or received deferred adjudication;(2) all legal documents related to the reasons and basis for potential ineligibility including, but not limited to, police reports, indictments, orders of deferred adjudication, judgments, probation records and evidence of completion of probation, if applicable;(3) all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and paying the required fees; and(4) a non-refundable fee of $150 for processing the application.(c) The application is considered complete when all documents and other information supporting the potential reasons and basis for potential ineligibility has been received by the board. If such documentation is not received within 120 days of the initial receipt of the application, the application is considered to be expired and must be refilled along with the appropriate fees.(d) The board shall conduct an investigation of the application and the person's eligibility for a license or registration.(e) The person or the Board may amend the application to include additional grounds for potential ineligibility at any time before a final determination is made.(f) A determination of eligibility will be made by the Board or its designees. Notification of the determination will be provided to the person in writing.(1) If no grounds for ineligibility are identified, the notification shall address the determination regarding each ground of potential ineligibility.(2) If grounds for ineligibility exist, the notification shall set out each basis for potential ineligibility and the corresponding determination.(g) The board shall mail the determination of eligibility no later than the 90th day after the complete application, as required by subsections (b) and (c) of this section, has been received by the board.(h) The determination of eligibility shall be made based on the law in effect on the date of receipt of a complete application.(i) Any information the person fails to disclose on the application or any information determined to be inaccurate or incomplete shall invalidate the determination of eligibility on the basis of the information, in the discretion of the board.(j) The administrative rules regarding disciplinary guidelines and regarding considerations and sanctions for criminal conduct apply in making the determination regarding eligibility.(k) If a person submits an application for license or registration at the same time or within 90 days after the receipt of a complete application for criminal history evaluation letter, board will process only the application for license or registration and will not issue a separate determination of eligibility.", "sourceNote": "Source Note: The provisions of this §281.11 adopted to be effective September 14, 2010, 35 TexReg 8355." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148203", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.12", "label": "Rules Governing Cooperating Practitioners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11540", "queryAsDate": "03/11/2026" }, "ruleBody": "For the purposes of the Act, §565.063, a person acting under the supervision of a Board employee engaged in the lawful enforcement of the Act shall include, but not be limited to, a practitioner who provides prescriptions for use in investigations of licensees when such prescriptions are issued by a practitioner at the request of and under the supervision of a Board investigator.", "sourceNote": "Source Note: The provisions of this §281.12 adopted to be effective September 14, 2010, 35 TexReg 8355." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11540&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11540", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.13", "label": "Official Action by Majority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196502", "queryAsDate": "03/11/2026" }, "ruleBody": "Any official act or decision of the board shall be concurred in by a majority of its members present at a meeting. Such act or decision shall be based upon information presented to members present at official meetings of the board. There shall be at least a quorum of the board members present at any official meeting of the board. Private solicitation of individual members in an effort to in any way influence their official actions through information or arguments not simultaneously presented to other members of the board is improper.", "sourceNote": "Source Note: The provisions of this §281.13 adopted to be effective December 30, 1998, 23 TexReg 13073." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196502", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.14", "label": "Vendor Protest Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196501", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section is to establish procedures for resolving vendor protests relating to purchasing issues.(b) A vendor who submitted a written response to a solicitation may file a protest with the executive director for actions taken by the board on the following:(1) the solicitation documents or actions associated with the publication of solicitation documents;(2) the evaluation or method of evaluation for a solicitation; or(3) the award of a contract.(c) Filing requirements.(1) To be considered, a protest must be:(A) in writing and contain:(i) the specific rule, statute or regulation the protesting vendor alleges the solicitation, contract award, or tentative award violated;(ii) a specific description of each action by the board that the protesting vendor alleges is a violation of the statutory or regulatory provision the protesting vendor identified in subparagraph (A)(i) of this paragraph;(iii) a precise statement of the relevant facts including:(I) sufficient documentation to establish that the protest has been timely filed;(II) a description of the adverse impact to the board and the state; and(III) a description of the resulting adverse impact to the protesting vendor;(iv) a statement of the argument and authorities that the protesting vendor offers in support of the protest; and(v) an explanation of the subsequent action the vendor is requesting;(B) signed by an authorized representative and the signature notarized; and(C) filed with the board in the time period specified in this section.(2) To be considered timely, the protest must be filed:(A) by the end of the posted solicitation period, if the protest concerns the solicitation documents or actions associated with the publication of solicitation documents;(B) by the day of the award of a contract resulting from the solicitation, if the protest concerns the evaluation or method of evaluation for a solicitation; or(C) no later than 10 days after the notice of award, if the protest concerns the award.(d) Timeliness of Protest.(1) If a timely protest of a solicitation or contract award is filed under this section, the executive director may delay the solicitation or award of the contract if the executive director makes a determination that the contract must be awarded without delay to protect the best interests of the state.(2) A protest that is filed untimely under this section shall not be considered unless the executive director determines that good cause for delay is shown or that a protest raises issues that are significant to the agency's procurement practices or procedures in general.(e) Authority of the Executive Director to Settle the Protest.(1) Upon receipt of a protest, the executive director may dismiss the protest if it is not timely or does not meet the requirements of this section.(2) The executive director shall have the authority to settle and resolve the protest. The executive director may solicit written responses to the protest from other interested parties.(3) If the protest is not resolved through mutual agreement, the executive director shall issue a written determination responding to the protest.(f) Appeal.(1) If a protest is based on a solicitation or contract award, the protesting party may appeal a determination of a protest by the executive director to the general counsel. An appeal of the executive director's determination must be in writing and received not later than 10 days after the date the executive director sent written notice of the executive director's determination. The scope of the appeal shall be limited to review of the executive director's determination. The protesting party must mail or deliver to all other interested parties a copy of the appeal, which must contain a certified statement that such copies have been provided.(2) The general counsel may refer the matter to the board for consideration or may issue a written decision that resolves the protest.(3) An appeal that is not filed timely shall not be considered unless good cause for delay is shown or the general counsel determines that an appeal raises issues that are significant to the agency's procurement practices or procedures in general.(4) A written decision issued by the general counsel or the board shall be the final administrative action of the board.(g) The board shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the board's records retention schedule.", "sourceNote": "Source Note: The provisions of this §281.14 adopted to be effective September 10, 2019, 44 TexReg 4870." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196501", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.15", "label": "Negotiated Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196503", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board's policy is to encourage the use of negotiated rulemaking for the adoption of board rules in appropriate situations.(b) The board's general counsel or the designee of the general counsel shall be the board's negotiated rulemaking coordinator (NRC). The NRC shall perform the following functions, as required:(1) coordinate the implementation of the policy set out in subsection (a) of this section and in accordance with the Negotiated Rulemaking Act, Chapter 2008, Government Code;(2) serve as a resource for any staff training or education needed to implement negotiated rulemaking procedures; and(3) collect data to evaluate the effectiveness of negotiated rulemaking procedures implemented by the board.(c) The board or the executive director may direct the NRC to begin negotiated rulemaking procedures on a specified subject.", "sourceNote": "Source Note: The provisions of this §281.15 adopted to be effective September 10, 2019, 44 TexReg 4870." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196503", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.16", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129670", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board's policy is to encourage the resolution and early settlement of internal and external disputes, including contested cases, through voluntary settlement processes, which may include any procedure or combination of procedures described by Chapter 154, Civil Practice and Remedies Code. Any ADR procedure used to resolve disputes before the board shall comply with the requirements of Chapter 2009, Government Code, and any model guidelines for the use of ADR issued by the State Office of Administrative Hearings.(b) The board's general counsel or the designee of the general counsel shall be the board's dispute resolution coordinator (DRC). The DRC shall perform the following functions, as required:(1) coordinate the implementation of the policy set out in subsection (a) of this section;(2) serve as a resource for any staff training or education needed to implement the ADR procedures; and(3) collect data to evaluate the effectiveness of ADR procedures implemented by the board.(c) The board, a committee of the board, a respondent in a disciplinary matter pending before the board, the executive director, or a board employee engaged in a dispute with the executive director or another employee, may request that the contested matter be submitted to ADR. The request must be in writing, be addressed to the DRC, and state the issues to be determined. The person requesting ADR and the DRC will determine which method of ADR is most appropriate. If the person requesting ADR is the respondent in a disciplinary proceeding, the executive director shall determine if the board will participate in ADR or proceed with the board's normal disciplinary processes.(d) Any costs associated with retaining an impartial third party mediator, moderator, facilitator, or arbitrator, shall be borne by the party requesting ADR.(e) Agreements of the parties to ADR must be in writing and are enforceable in the same manner as any other written contract. Confidentiality of records and communications related to the subject matter of an ADR proceeding shall be governed by §154.073 of the Civil Practice and Remedies Code.(f) If the ADR process does not result in an agreement, the matter shall be referred to the board for other appropriate disposition.", "sourceNote": "Source Note: The provisions of this §281.16 adopted to be effective September 10, 2019, 44 TexReg 4871." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129670", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.17", "label": "Historically Underutilized Businesses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=76715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "76715", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas State Board of Pharmacy adopts by reference the rules promulgated by the Texas Building and Procurement Commission, which are set forth in Subchapter B of 1 TAC §111.11, et al. regarding Historically Underutilized Business Certification Program.", "sourceNote": "Source Note: The provisions of this §281.17 adopted to be effective July 14, 1999, 24 TexReg 5193; amended to be effective September 8, 2002, 27 TexReg 8212; amended to be effective March 25, 2007, 32 TexReg 1507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=76715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "76715", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.18", "label": "Reporting Professional Liability Claims" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196504", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reporting responsibilities.(1) Every insurer or other entity providing pharmacist's professional liability insurance, pharmacy technician professional and supplemental liability insurance, or druggist's professional liability insurance covering a pharmacist, pharmacy technician, or pharmacy license holder in this state shall submit to the board the information described in subsection (b) of this section at the time prescribed.(2) The information shall be provided with respect to a notice of claim letter or complaint filed against an insured in a court, if the notice or complaint seeks damages relating to the insured's conduct in providing or failing to provide appropriate service within the scope of pharmaceutical care or services, and with respect to settlement of a claim or lawsuit made on behalf of the insured.(3) If a pharmacist, pharmacy technician, or a pharmacy licensed in this state does not carry or is not covered by pharmacist's professional liability insurance, pharmacy technician professional and supplemental liability insurance, or druggist's professional liability insurance, or if a pharmacist, pharmacy technician, or a pharmacy licensed in this state is insured by a non-admitted carrier or other entity providing pharmacy professional liability insurance that does not report under this Act, the duty to report information under subsection (b) of this section is the responsibility of the particular pharmacist, pharmacy technician, or pharmacy license holder.(4) For the purposes of this section a professional liability claim or complaint shall be defined as a cause of action against a pharmacist, pharmacy, or pharmacy technician for conduct in providing or failing to provide appropriate service within the scope of pharmaceutical care or services, which proximately results in injury to or death of the patient, whether the patient's claim or cause of action sounds in tort or contract, to include pharmacist's interns, pharmacy residents, supervising pharmacists, on-call pharmacists, consulting pharmacists.(b) Information to be reported and due dates. The following reports are required for claims initiated or resolved on or after September 1, 1999.(1) Initial report. Not later than the 30th day after receipt of the notice of claim letter or complaint by the insurer if the insurer has the duty to report, or by the pharmacist, pharmacy technician, or a pharmacy if the license holder has the duty to report, the following information must be furnished to the board on a form provided by the board:(A) the name and address of the insurer;(B) the name and address of the insured and type of license or registration held (pharmacist, pharmacy or pharmacy technician):(C) the insured's Texas pharmacist or pharmacy license number or pharmacy technician registration number;(D) certification, if applicable;(E) the policy number;(F) name(s) of plaintiff(s);(G) date of injury;(H) county of injury;(I) cause of injury, e.g., dispensing error;(J) nature of injury;(K) type of action, e.g., claim only or lawsuit;(L) name and phone number of the person filing the report; and(M) a copy of the notice of claim letter or the lawsuit filed in court.(2) Follow-up report. Within 105 days after disposition of the claim, the following information must be provided to the board on a form provided by the board:(A) the name and address of the insured and type of license or registration held (pharmacist, pharmacy or pharmacy technician):(B) the insured's Texas pharmacist or pharmacy license number or pharmacy technician registration number;(C) name(s) of plaintiff(s);(D) date of disposition;(E) type of disposition, e.g., settlement, judgment;(F) amount of disposition;(G) whether an appeal has been taken and by which party; and(H) name and phone number of the person filing the report.(3) Definition. For the purpose of this section, disposition of a claim shall include circumstances where a court order has been entered, a settlement agreement has been reached, or the complaint has been dropped or dismissed.(c) Report format(1) Separate reports are required for each defendant licensee or registrant.(2) The information shall be reported on a form provided by the board.(3) A court order or settlement agreement may be submitted as an attachment to the follow-up report.(d) Claims not required to be reported. Examples of claims that are not required to be reported under this section are the following:(1) product liability claims (i.e., where a licensee invented a medical device which may have injured a patient but the licensee has no personal pharmacist-patient relationship with the specific patient claiming injury by the device);(2) antitrust allegations;(3) allegations involving improper peer review activities;(4) civil rights violations; or(5) allegations of liability for injuries occurring on a licensee's property, but not involving a breach of duty (i.e., slip and fall accidents).(e) Liability. An insurer reporting under this section, its agents or employees, or the board or its employees or representatives are not liable for damages in a suit brought by any person or entity for reporting as required by this section or for any other action taken under this section.(f) Limit on use of information reported.(1) Information submitted to the board under this section and the fact that the information has been submitted to the board may not be:(A) offered in evidence or used in any manner in the trial of a suit described in this section; or(B) used in any manner to determine the eligibility or credentialing of a pharmacy to participate in a health insurance plan defined by the Insurance Code.(2) A report received by the board under this section is not a complaint for which a board investigation is required except that the board shall review the information relating to a pharmacist, pharmacy technician, or pharmacy license holder against whom at least three professional liability claims have been reported within a five-year period in the same manner as if a complaint against the pharmacist, pharmacy technician, or pharmacy license holder had been made under Chapter 555 of the Act. The board may initiate an investigation of pharmacist, pharmacy technician, or pharmacy license holder based on the information received under this section.(3) The information received under this section may be used in any board proceedings as the board deems necessary.(g) Confidentiality. Information submitted under this section is confidential, except as provided in subsection (f)(3) of this section, and is not subject to disclosure under Chapter 552, Government Code.(h) Penalty. The Texas Department of Insurance may impose on any insurer subject to this Act sanctions authorized by §§82.051-82.055 (formerly §7, Article 1.10) of the Texas Insurance Code, if the insurer fails to report information as required by this section.", "sourceNote": "Source Note: The provisions of this §281.18 adopted to be effective March 29, 2000, 25 TexReg 2572." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196504", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§281.19", "label": "Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129584", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Vehicle Inscription Information.(1) Exemption. As specified in §554.009 of the Act and §721.003 of the Transportation Code, vehicles assigned to or used by the compliance or investigation divisions for enforcement of pharmacy laws and rules are exempt from bearing the inscription required by §721.002 of the Transportation Code. These vehicles are to be used primarily in the inspection of pharmacies and the investigation of violations of state and federal laws and rules relating to the practice of pharmacy. In addition, as specified in §554.009 of the Act, the vehicles may be registered with the Texas Department of Motor Vehicles in an alias name for investigative personnel.(2) Purpose. The purpose of exempting these vehicles from the inscription requirements of §721.002 of the Transportation Code is to increase the effectiveness of agency field employees in detecting and investigating violations of state and federal laws relating to the practice of pharmacy, thereby allowing compliance and investigative personnel to accomplish their tasks undetected, and to provide a greater degree of safety for these staff and the state property being used in the enforcement and a greater degree of case integrity.(b) Restrictions on Assignments of Vehicles.(1) Each agency vehicle will be assigned to an individual field employee.(2) The agency may assign a vehicle to a board member or an individual administrative or executive employee:(A) on a temporary basis if field personnel are not available to assume responsibility for the car; or(B) on a regular basis only if the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency.", "sourceNote": "Source Note: The provisions of this §281.19 adopted to be effective September 12, 2001, 26 TexReg 6890; amended to be effective September 10, 2019, 44 TexReg 4871." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129584", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.20", "label": "Application of Other Laws" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "91137", "queryAsDate": "03/11/2026" }, "ruleBody": "All disciplinary action shall be taken by the board in accordance with Chapters 2001 and 2003, Government Code, the State Office of Administrative Hearings Rules of Procedure, the board's rules, and any other applicable law or rule.", "sourceNote": "Source Note: The provisions of this §281.20 adopted to be effective March 25, 2007, 32 TexReg 1508." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=91137&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "91137", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.21", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164810", "queryAsDate": "03/11/2026" }, "ruleBody": "Complaints may be filed with the agency in writing or by submitting a completed complaint form to the agency by mail or other method of delivery or through the Internet. A complaint form shall be maintained on the agency's Internet site and at the agency's office for use by a complainant. The complaint form shall request information necessary for the proper processing of the complaint by the agency, including, but not limited to:(1) complainant's name, address, and phone number;(2) name, address and phone number of subject of complaint, if known;(3) date of incident;(4) description of drug(s) involved, if any; and(5) description of incident giving rise to complaint.", "sourceNote": "Source Note: The provisions of this §281.21 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective December 19, 2001, 26 TexReg 10299." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164810", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.22", "label": "Informal Disposition of a Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "149364", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, default, or dismissal.(b) Prior to the imposition of disciplinary sanction(s) against a respondent, the board shall provide the respondent with written notice of the matters asserted, including:(1) a statement of the legal authority, jurisdiction, and alleged conduct under which the enforcement action is based, with a reference to the particular section(s) of the statutes and rules involved;(2) information the board staff intends to use at an informal conference;(3) an offer for the respondent to attend an informal conference at a specified time and place and show compliance with all requirements of law, in accordance with §2001.054(c) of the Administrative Procedure Act;(4) a statement that the respondent has an opportunity for a hearing before the State Office of Administrative Hearings on the allegations; and(5) the following statement in capital letters in 12 point boldface type: FAILURE TO RESPOND TO THE ALLEGATIONS, BY EITHER PERSONAL APPEARANCE AT THE INFORMAL CONFERENCE OR IN WRITING, WILL RESULT IN THE ALLEGATIONS BEING ADMITTED AS TRUE AND THE RECOMMENDED SANCTION MADE AT THE INFORMAL CONFERENCE BEING GRANTED BY DEFAULT. The notice shall be served by delivering a copy to the respondent in person, by courier receipted delivery, by first class mail, or by certified or registered mail, return receipt requested to the respondent's last known address of record as shown by agency records.(c) The respondent will be provided the opportunity to appear at an informal conference prior to a hearing at the State Office of Administrative Hearings. The notice of the time and place of the informal conference, along with the written notice required in subsection (b) of this section, will be given to the respondent at least 45 days before the date of the informal conference. If such notice is not timely provided, the respondent may reschedule the informal conference.(d) The respondent shall respond either by personal appearance at the informal conference, or by providing a rebuttal in writing no later than 15 days before the date of the informal conference. If the respondent chooses to respond in writing, the response shall admit or deny each of the allegations. If the respondent intends to deny only a part of an allegation, the respondent shall specify so much of it is true and shall deny only the remainder. The response shall also include any other matter, whether of law or fact, upon which the respondent intends to rely upon as a defense. If the respondent fails to respond to the notice specified in subsection (b) of this section, the matter will be considered as a default case and the respondent will be deemed to have:(1) admitted all the factual allegations in the notice specified in subsection (b) of this section;(2) waived the opportunity to show compliance with the law;(3) waived notice of a hearing;(4) waived the opportunity for a hearing on the allegations; and(5) waived objection to the recommended sanctions made at the informal conference.(e) Default orders.(1) The informal conference panel may recommend that the board enter a default order, based upon the allegations set out in the notice specified in subsection (b) of this section, adopting the recommended sanctions made at the informal conference. Upon consideration of the case, the board may enter a default order under §2001.056 of the Administrative Procedure Act or direct that the case be set for a hearing at the State Office of Administrative Hearings.(2) For a contested case before the State Office of Administrative Hearings, the judge may announce a default upon receiving the required showing of proof to support a default, and then recess the hearing, issue an order dismissing the case from the docket of the State Office of Administrative Hearings, and return the file to the board for informal disposition on a default basis in accordance with §2001.056 of the Administrative Procedure Act. The board may then enter a default order or direct the case back to the State Office of Administrative Hearings.(f) Any default judgment granted under this section will be entered on the basis of the factual allegations in the notice specified in subsection (b) of this section, and upon proof of proper notice to the respondent's address of record. For purposes of this section, proper notice means notice sufficient to meet the provisions of §2001.054 of the Administrative Procedure Act and §281.30 of this title (relating to Pleadings and Notice in a Contested Case).(g) A motion for rehearing which requests that the board vacate its default order under this section shall be granted if the motion presents convincing evidence that the failure to respond to the notice specified in subsection (b) of this section was not intentional or the result of conscious indifference, but due to accident or mistake, provided that the respondent has a meritorious defense to the factual allegations contained in the notice specified in subsection (b) of this section and the granting thereof will not result in delay or injury to the public or the board.(h) Informal conferences shall be attended by the executive director/secretary or designated representative, legal counsel of the agency or an attorney employed by the office of the attorney general, and other representative(s) of the agency as the executive director/secretary and legal counsel may deem necessary for proper conduct of the conference. The respondent and/or the respondent's authorized representative(s) may attend the informal conference and shall be provided an opportunity to be heard. All communications from the respondent shall be directed to the legal counsel of the agency.(i) In any case where charges are based upon information provided by a person (complainant) who filed a complaint with the board, the complainant may attend the informal conference, unless the proceedings are confidential under §564.002 and §564.003 of the Texas Pharmacy Act or other applicable law. A complainant who chooses to attend an informal conference shall be provided an opportunity to be heard with regard to charges based upon the information provided by the complainant. Nothing herein requires a complainant to attend an informal conference.(j) Informal conferences shall not be deemed meetings of the board, and no formal record of the proceedings at such conferences shall be made or maintained unless the respondent requests such a recording in writing at least 15 days before the informal conference. Board staff will arrange for the presence of a court reporter to make the recording. The respondent shall be responsible for the cost of the recording. The recording will be part of the board's investigative file and will not be released to a third party unless authorized under §565.055 of the Act. The board will provide a copy of the recording to the respondent upon request.(k) Any proposed consent order shall be presented to the board in open meeting for its review. At the conclusion of its review, the board shall approve or disapprove the proposed consent order. Should the board approve the proposed consent order, the appropriate notation shall be made in minutes of the board and the proposed consent order shall be entered as an official action of the board. Should the board disapprove the proposed consent order, the matter shall be scheduled for public hearing.", "sourceNote": "Source Note: The provisions of this §281.22 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective December 27, 2000, 25 TexReg 12689; amended to be effective September 10, 2003, 28 TexReg 7708; amended to be effective December 4, 2005, 30 TexReg 7874; amended to be effective March 25, 2007, 32 TexReg 1508; amended to be effective September 14, 2010, 35 TexReg 8356; amended to be effective June 7, 2012, 37 TexReg 4045; amended to be effective September 9, 2012, 37 TexReg 6916; amended to be effective September 8, 2013, 38 TexReg 5721; amended to be effective December 10, 2013, 38 TexReg8833." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "149364", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.23", "label": "Subpoenas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158565", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A subpoena issued by the executive director/secretary under the authority of §565.058 of the Act is considered by the board to be a ministerial act. Such subpoena shall be used to obtain information and testimony at the request of board staff.(b) If a subpoena is requested by an applicant, licensee, or registrant under §2001.089 of the APA, a showing of good cause shall be made to the executive director/secretary. Such a showing shall be by submission of a written request for the subpoena indicating the purpose of the subpoena and indicating that the subpoena is not requested in bad faith. In addition, the requesting party shall aver that the subpoena:(1) does not request information that is privileged;(2) requests information relevant to the contested case;(2) is not an undue burden; and(3) is sufficiently specific.(c) Once the requesting party has complied with the requirements in subsection (b) of this section, the executive director/secretary may issue the subpoena.(d) If the requesting party, the subpoenaed party, any other party to the contested case, or any person or entity affected by the subpoena objects, a challenge to the subpoena shall be filed with the Administrative Law Judge at the State Office of Administrative Hearings.", "sourceNote": "Source Note: The provisions of this §281.23 adopted to be effective December 7, 2010, 35 TexReg 10689." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158565", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.30", "label": "Pleadings and Notice in a Contested Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board initiates a contested case hearing at the State Office of Administrative Hearings by filing a complaint with notice of not less than 10 days as specified in subsection (b) of this section to the applicant, licensee, or registrant.(1) The complaint shall contain the matters asserted by the board, including the alleged conduct under which the enforcement action is based, and a statement of legal authority to the statutes or rules allegedly violated and those establishing jurisdiction.(2) The following statement in capital letters in 12 point boldface type shall be contained in the complaint: FAILURE TO RESPOND TO THE ALLEGATIONS IN WRITING WILL RESULT IN THE ALLEGATIONS BEING ADMITTED AS TRUE AND AN ORDER BEING ENTERED BY THE BOARD BY DEFAULT.(b) The board may serve notice of the complaint initiating a contested case hearing at the State Office of Administrative Hearings by sending it to the party's current publicly available address of record and the party's current confidential address of record if the confidential address of record is different from the party's publicly available address of record as shown by the board's records. The notice shall be served by delivering a copy to the party either in person or by certified or registered mail, return receipt requested.(c) The applicant, licensee, or registrant shall file a written answer with the State Office of Administrative Hearings in response to the complaint with service to the board within 23 days after the date of service of the complaint. The answer shall admit or deny each of the allegations. If the party intends to deny only a part of an allegation, the party shall specify so much of it is true and shall deny only the remainder. The response shall also include any other matter, whether of law or fact, upon which the licensee or registrant intends to rely for his or her defense. If the party fails to respond by filing a timely answer, the board's attorney files a motion to remand the case to the board for entry of a default order, and the matter will be considered as a default case and the party will be deemed to have:(1) admitted all the factual allegations in the notice specified in subsection (b) of this section;(2) waived notice of a hearing;(3) waived the opportunity for a hearing on the allegations; and(4) waived objection to the recommended sanctions made at the informal conference.(d) If the contested case is remanded to the board by the State Office of Administrative Hearings as specified in subsection (c) of this section, the board may enter a default order under §2001.056 of the Administrative Procedure Act.(e) Any default judgment granted under this section will be entered on the basis of the factual allegations in the notice specified in subsection (b) of this section, and upon proof of proper notice to the party's address of record.(f) The party may file a motion for rehearing to set aside the default order. The motion, which requests that the Board vacate its default order under this section, shall be granted if the motion presents convincing evidence that the failure to respond to the notice specified in subsection (b) of this section was not intentional or the result of conscious indifference, but due to accident or mistake, provided that the party has a meritorious defense to the factual allegations contained in the notice specified in subsection (b) of this section and the granting thereof will not result in delay or injury to the public or the Board.", "sourceNote": "Source Note: The provisions of this §281.30 adopted to be effective March 25, 2007, 32 TexReg 1508; amended to be effective September 12, 2011, 36 TexReg 5845; amended to be effective September 9, 2012, 37 TexReg 6916." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179829", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.31", "label": "Burden of Proof" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156552", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In a contested case hearing at the State Office of Administrative Hearings involving grounds for disciplinary action, the board has the burden to prove that grounds to discipline respondent exist. However, the party that claims any exemption or exception, including mitigating factors as specified in §281.62 of this chapter, has the burden to prove that the exemption or exception should be applied.(b) In a contested case hearing at the State Office of Administrative Hearings involving a petition for reinstatement or removal of restriction, the petitioner has the burden to prove that the license should be reinstated or that a restriction on the license should be removed in accordance with §281.66 of the chapter.(c) In a show cause order hearing before a panel of the board involving an applicant, licensee, or registrant who has been previously ordered by the board to submit to a mental or physical examination under §565.052 or §568.0036 of the Act, the applicant, licensee, or registrant has the burden to prove that the applicant, licensee, or registrant should not be required to submit to the examination.", "sourceNote": "Source Note: The provisions of this §281.31 adopted to be effective March 25, 2007, 32 TexReg 1508; amended to be effective December 7, 2010, 35 TexReg 10689; amended to be effective September 11, 2016, 41 TexReg 6696." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156552", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.32", "label": "Failure to Attend Hearing and Default" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129589", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a party who does not have the burden of proof fails to appear at a contested case hearing at the State Office of Administrative Hearings, the administrative law judge may announce a default upon receiving the required showing of proof to support a default, and then recess the hearing, issue an order dismissing the case from the docket of the State Office of Administrative Hearings, and return the file to the board for informal disposition on a default basis in accordance with §2001.056 of the Administrative Procedure Act. In the alternative, the judge may issue a default proposal for decision, rather than continuing or dismissing the case and requiring the board to dispose of the case on a default basis as an informal disposition.(b) If a party who does have the burden of proof fails to appear at a contested case hearing at the State Office of Administrative Hearings, the administrative law judge shall dismiss the case for want of prosecution, any relevant application will be withdrawn, and the board may not consider a subsequent petition from the party until the first anniversary of the date of dismissal of the case.", "sourceNote": "Source Note: The provisions of this §281.32 adopted to be effective March 25, 2007, 32 TexReg 1508; amended to be effective June 7, 2012, 37 TexReg 4045." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129589&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129589", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.33", "label": "Proposal for Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129590", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The administrative law judge shall submit a proposal for decision to the agency, and the board shall render the final decision in the contested case. The board may request that the proposal for decision be presented to the board by the administrative law judge at the next board meeting.(b) If a party submitted proposed findings of fact, the proposal for decision shall include a ruling on each proposed finding by the administrative law judge.(c) The parties may submit to the board for consideration, prior to the final decision, an alternative proposed board order with changes to the proposal for decision in compliance with the APA.", "sourceNote": "Source Note: The provisions of this §281.33 adopted to be effective March 25, 2007, 32 TexReg 1508." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129590&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129590", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.34", "label": "Record of Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199751", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall arrange for a stenographic recording of all contested case hearings before the State Office of Administrative Hearings on a regular basis. The administrative law judge may waive the requirement as authorized by the State Office of Administrative Hearings Rules of Procedure. Any party may request a written transcript of all or part of the hearing. The cost of a transcript shall be paid by the requesting party.(b) A party who appeals a final decision in a hearing shall pay the cost of preparation of the original or a certified copy of the record of the board proceeding that is required to be sent to the reviewing court. A charge imposed under this section is a court cost and may be assessed by the court in accordance with the Texas Rules of Civil Procedure.", "sourceNote": "Source Note: The provisions of this §281.34 adopted to be effective March 25, 2007, 32 TexReg 1508." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199751", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "B", "label": "GENERAL PROCEDURES IN A CONTESTED CASE" }, "rule": { "number": "§281.35", "label": "Temporary Suspension or Restriction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "149433", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §§565.059 and 568.0037 of the Act, and §2001.081 of the Administrative Procedure Act, Title 10, Chapter 2001, Government Code, the determination of the disciplinary panel may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on information necessary to ascertain facts not reasonably susceptive of proof under those rules, not precluded by statute, and of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs.(b) Questioning of witnesses by the parties or panel members shall be permitted in the discretion of the chair of the disciplinary panel with due consideration being given to the need to obtain accurate information and prevent the harassment or undue embarrassment of witnesses.(c) In receiving information on which to base its determination of a continuing threat to the public welfare, the disciplinary panel may accept the testimony of witnesses by telephone in the discretion of the chair of the disciplinary panel.(d) Hearings before disciplinary panels convened under §§565.059(b)(1) and 568.0037(b)(1) of the Act are not recorded unless the respondent requests such a recording in writing at least 5 days before the hearing. If requested in a timely manner, the board will arrange for the presence of a court reporter to make the recording. The respondent shall be responsible for the cost of the court reporter, the recording, and any written transcript requested by the respondent.(e) Minutes of the hearing will be made and maintained by the board. The board will provide a copy of the minutes to the respondent upon request.", "sourceNote": "Source Note: The provisions of this §281.35 adopted to be effective June 18, 2020, 45 TexReg 4033." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=149433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "149433", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.60", "label": "General Guidance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184620", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter is promulgated to:(1) promote consistency and guidance in the exercise of sound discretion by the agency in licensure and disciplinary matters;(2) provide notice as to the types of conduct that constitute violations of the Act and as to the disciplinary action that may be imposed; and(3) provide a framework of analysis for administrative law judges in making recommendations in licensure and disciplinary matters.(b) Board's role. The board shall render the final decision in a contested case and has the responsibility to assess sanctions against licensees who are found to have violated the Act. The board welcomes recommendations of administrative law judges as to the sanctions to be imposed, but the board is not bound by such recommendations. A sanction should be consistent with sanctions imposed in other similar cases and should reflect the board's determination of the seriousness of the violation and the sanction required to deter future violations. A determination of the appropriate sanction is reserved to the board. The appropriate sanction is not a proper finding of fact or conclusion of law. This subchapter shall be construed and applied so as to preserve board member discretion in the imposition of sanctions and remedial measures pursuant to the APA and the Act's provisions related to types of discipline and administrative penalties. This subchapter shall be further construed and applied so as to be consistent with the Act, and shall be limited to the extent as otherwise proscribed by statute and board rule.(c) Purpose of guidelines. These guidelines are designed to provide guidance in assessing sanctions for violations of the Act. The ultimate purpose of disciplinary sanctions is to protect and inform the public, deter future violations, offer opportunities for rehabilitation, if appropriate, punish violators, and deter others from violations. These guidelines are intended to promote consistent sanctions for similar violations, facilitate timely resolution of cases, and encourage settlements.(1) The standard sanctions outlined in the subchapter apply to cases involving a single violation of the Act, and in which there are no aggravating factors that apply. The board may impose more restrictive sanctions when there are multiple violations of the Act. In cases which do not have standard sanctions outlined in the subchapter, the board may consider any aggravating and/or mitigating factors listed in §281.62 of this title (relating to Aggravating and Mitigating Factors) that are found to apply in a particular case.(2) The standard and minimum sanctions outlined in the subchapter are applicable to first time violators. The board shall consider revoking the person's license if the person is a repeat offender.(3) The maximum sanction in all cases is revocation of the licensee's license, which may be accompanied by an administrative penalty of up to $5,000 per violation. Each day the violation continues is a separate violation.(4) Each statutory violation constitutes a separate offense, even if arising out of a single act.", "sourceNote": "Source Note: The provisions of this §281.60 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective December 7, 2010, 35 TexReg 10689." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184620&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184620", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.61", "label": "Definitions of Discipline Authorized" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193287", "queryAsDate": "03/11/2026" }, "ruleBody": "For the purpose of the Act, §565.051 and §568.0035:(1) \"Probation\" means a period of supervision by the board imposed against a license or registration for a term and under conditions as determined by the board, including a probation fee.(2) \"Reprimand\" means a public and formal censure against a license or registration.(3) \"Restrict\" means to limit, confine, abridge, narrow, or restrain a license or registration for a term and under conditions determined by the board.(4) \"Revoke\" means a license or registration is void and may not be reissued; provided, however, upon the expiration of 12 months from and after the effective date of the order revoking a license or registration, the license or registration may be reinstated by the board upon the successful completion of any requirements determined by the board.(5) \"Suspend\" means a license or registration is of no further force and effect for a period of time as determined by the board.(6) \"Retire\" means a license or registration has been withdrawn and is of no further force and effect.", "sourceNote": "Source Note: The provisions of this §281.61 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective June 12, 2013, 38 TexReg 3591; amended to be effective June 11, 2017, 42 TexReg 2928." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193287", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.62", "label": "Aggravating and Mitigating Factors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226920", "queryAsDate": "03/11/2026" }, "ruleBody": "The following factors may be considered in determining the disciplinary sanctions imposed by the board if the factors are applicable to the factual situation alleged. The factors are not applicable in situations involving criminal actions (in which case §281.63 of this title (relating to Considerations for Criminal Offenses) applies).(1) Aggravation. The following may be considered as aggravating factors so as to merit an increase in the severity of disciplinary sanction(s) to be imposed:(A) extent and gravity of personal, economic, or public damage or harm;(B) vulnerability of the patient(s);(C) willful or reckless conduct, or as a result of a knowingly made professional omission, as opposed to negligent conduct;(D) pattern of misconduct that serves as a basis of discipline;(E) prior disciplinary action(s);(F) attempted concealment of the conduct which serves as a basis for disciplinary action under the Act; and(G) violation of a board order.(2) Extenuation and Mitigation. The following may be considered as extenuating and mitigating factors so as to merit a reduction in the severity of disciplinary sanction(s) to be imposed:(A) isolated incident that serves as a basis for disciplinary action;(B) remorse for conduct;(C) interim implementation of remedial measures to correct or mitigate harm from the conduct which serves as a basis for disciplinary action under the Act;(D) remoteness of misconduct, when not based on delay attributable to actions by the respondent;(E) extent to which respondent cooperated with board investigation;(F) treatment and/or monitoring of an impairment;(G) self-reported and voluntary admissions of the conduct which serves as a basis for disciplinary action under section 565.001(a)(4) and (7) of the Act; and(H) if acting as pharmacist-in-charge, respondent did not personally engage, either directly or indirectly, in the conduct that serves as the basis for disciplinary action; did not permit or encourage, either by professional oversight or extreme negligence, the conduct that serves as the basis for disciplinary action; promptly reported the conduct to the board or other state or federal regulatory authorities or law enforcement upon identifying the conduct that serves as the basis for disciplinary action; and took all reasonable steps to mitigate or remediate the conduct that serves as the basis for disciplinary action.", "sourceNote": "Source Note: The provisions of this §281.62 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective March 25, 2007, 32 TexReg 1508; amended to be effective September 7, 2008, 33 TexReg 7218; amended to be effective December 6, 2018, 43 TexReg 7770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226920&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226920", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.63", "label": "Considerations for Criminal Offenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167671", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section is to establish guidelines and criteria on the eligibility of persons with criminal backgrounds to obtain a license or registration from the board and on the disciplinary actions taken by the board. The section applies to all criminal convictions and to all deferred adjudication community supervisions or deferred dispositions, as authorized by the Act, for all types of licenses and registrations.(b) The board may suspend, revoke, or impose other authorized disciplinary action on a current license or registration, disqualify a person from receiving a license or registration, or deny to a person the opportunity to be examined for a license or registration because of a person's conviction or deferred adjudication of a crime that serves as a ground for discipline under the Act, and that the board determines directly relates to the duties and responsibilities of a licensee, a registrant, or of an owner of a pharmacy. This subsection applies to persons who are not imprisoned at the time the board considers the conviction or deferred adjudication.(c) The board may revoke a license or registration upon the imprisonment of the licensee, the registrant, or the owner of a pharmacy following a felony conviction or deferred adjudication. The board shall revoke a license or registration upon the imprisonment of the licensee, the registrant, or the owner of a pharmacy following a:(1) felony conviction or deferred adjudication for:(A) an offense that directly relates to the occupation of a licensee or registrant, or the operation of a pharmacy;(B) an offense listed in Article 42.054, Code of Criminal Procedure; or(C) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure;(2) felony community supervision revocation;(3) revocation of parole; or(4) revocation of mandatory supervision.(d) A person in prison is not eligible for a license or registration.(e) An applicant for a license or registration from the board shall disclose in writing to the board any conviction or deferred adjudication against him or her at the time of application. A current licensee or registrant shall disclose in writing to the board any conviction or deferred adjudication against him or her at the time of renewal.(f) The board has determined that the criminal offenses listed in subsection (i) of this section directly relate to the occupation of a licensee or registrant, or the operation of a pharmacy. For all other offenses not listed in this section, in considering whether a criminal conviction or deferred adjudication directly relates to the duties and responsibilities of a licensee, a registrant, or of an owner of a pharmacy, the board shall consider the following factors:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license or registration to engage in the occupation of the licensee or registrant, or the operation of a pharmacy;(3) the extent to which a license or registration might afford the licensee or registrant an opportunity to repeat the criminal activity in which the person had been involved;(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensee or registrant; and(5) any correlation between the elements of the crime and the duties and responsibilities of the license or registration.(g) The board has the authority to impose disciplinary action as authorized by the Act, for those criminal offenses that provide grounds for discipline under the Act. In reaching a decision regarding the severity of the disciplinary sanction to impose on a license or registration, the board shall, in its discretion and unless otherwise specified in §281.64 of this title (relating to Sanctions for Criminal Offenses), also determine the person's fitness to perform the duties and discharge the responsibilities of a licensee or registrant by evaluating and balancing these factors in the following priority with the first being the highest priority:(1) the extent and nature of the person's past criminal activity;(2) the amount of time that has elapsed since the person's last criminal activity;(3) the person's rehabilitation or rehabilitative effort while incarcerated or following release as corroborated by extrinsic evidence;(4) the age of the person at the time of the commission of the crime, if younger than 21 years of age at the time of the crime;(5) the conduct and work activity of the person prior to and following the criminal activity; (6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the person's present fitness, including letters of recommendation. (h) In order to establish the factors in subsection (g) of this section, a person with a conviction or deferred adjudication shall:(1) to the extent possible, secure and provide to the board the recommendations specified in subsection (g)(7) of this section; (2) cooperate with the board by providing the information required by this section, including proof that he or she has:(A) maintained a record of steady employment, as evidenced by salary stubs, income tax records or other employment records for the time since the conviction or deferred adjudication and/or release from imprisonment;(B) supported his or her dependents, as evidenced by salary stubs, income tax records or other employment records for the time since the conviction or deferred adjudication and/or release from imprisonment, and a recommendation from the spouse or either parent;(C) maintained a record of good conduct as evidenced by recommendations, absence of other criminal activity or documentation of community service since conviction or deferred adjudication;(D) paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which he or she has been convicted, as evidenced by certified copies of a court release or other documentation from the court system that all monies have been paid; and(E) obtained appropriate treatment and/or counseling, if applicable.(i) The board has determined that the following crimes directly relate to duties and responsibilities of board licensees or registrants. The commission of each indicates an inability or a tendency for the person to be unable to perform or to be unfit for licensure or registration, because commission of such crimes indicates a lack of integrity and respect for one's fellow human being and the community at large. Even if the commission of these crimes did not occur while the licensee or registrant was on-duty or employed at a pharmacy, the board has determined that the crimes directly relate to the practice of pharmacy based on a lack of integrity and good moral character exhibited by the commission of the crimes. In addition, the direct relationship to a license or registration is presumed when any crime occurs in connection with the practice of pharmacy or the operation of a pharmacy. The crimes are as follows:(1) practicing or operating a pharmacy without a license or registration and other violations of the Pharmacy Act;(2) deceptive business practices under the Texas Penal Code;(3) Medicare or Medicaid fraud;(4) a misdemeanor or felony offense under the Texas Penal Code involving:(A) murder;(B) assault;(C) burglary;(D) robbery;(E) theft;(F) sexual assault;(G) injury to a child;(H) injury to an elderly person;(I) child abuse or neglect;(J) tampering with a governmental record;(K) forgery;(L) perjury;(M) failure to report abuse;(N) bribery;(O) harassment;(P) insurance claim fraud;(Q) driving while intoxicated;(R) solicitation of professional employment under the Penal Code §38.12(d) or Occupations Code, Chapter 102;(S) mail fraud; or(T) any criminal offense which requires the individual to register with the Department of Public Safety as a sex offender under Chapter 62, Code of Criminal Procedure.(5) any crime of moral turpitude;(6) a misdemeanor or felony offense under Chapters 431 and 481 through 486, Health and Safety Code and the Comprehensive Drug Abuse Prevention and Control Act of 1970; or(7) other misdemeanors or felonies which serve as grounds for discipline under the Act, including violations of the Penal Code, Titles 4, 5, 6, 7, 8, 9, and 10, which indicate an inability or tendency for the person to be unable to perform as a licensee or registrant, or to be unfit for licensure or registration, if action by the board will promote the intent of the Pharmacy Act, board rules including this chapter, and Occupations Code, Chapter 53.", "sourceNote": "Source Note: The provisions of this §281.63 adopted\r\nto be effective September 3, 2006, 31 TexReg 6722; amended to be effective\r\nMarch 25, 2007, 32 TexReg 1508; amended to be effective June 8, 2008,\r\n33 TexReg 4304; amended to be effective September 7, 2008, 33 TexReg\r\n7218; amended to be effective December 7, 2010, 35 TexReg 10689; amended\r\nto be effective September 8, 2013, 38 TexReg 5721; amended to be effective\r\nNovember 30, 2025, 50 TexReg 7725." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167671", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.64", "label": "Sanctions for Criminal Offenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201037", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The guidelines for disciplinary sanctions apply to criminal convictions and to deferred adjudication community supervisions or deferred dispositions, as authorized by the Act, for all types of licensees and registrants including applicants for such licenses and registrations issued by the board. The board considers criminal behavior to be highly relevant to an individual's fitness to engage in pharmacy practice and has determined that the sanctions imposed by these guidelines promote the intent of §551.002 of the Act. The \"date of disposition,\" when referring to the number of years used to calculate the application of disciplinary sanctions, refers to the date a conviction, a deferred adjudication, or a deferred disposition is entered by the court. The use of the term \"currently on probation\" is construed to refer to individuals currently serving community supervision or any other type of probationary term imposed by an order of a court for a conviction, deferred adjudication, or deferred disposition.(b) The sanctions imposed by the guidelines can be used in conjunction with other types of disciplinary actions, including administrative penalties, as outlined in this section.(c) The board has determined that the nature and seriousness of certain crimes outweigh other factors to be considered in §281.63(g) of this title (relating to Considerations for Criminal Offenses) and necessitate the disciplinary action listed in paragraphs (1) - (3) of this subsection. In regard to the crimes enumerated in this rule, the board has weighed the factors, which are required to be considered from §281.63(g) of this title, in a light most favorable to the individual, and even if these factors were present, the board has concluded that the following sanctions apply to individuals with the criminal offenses as described in paragraphs (1) - (3) of this subsection:(1) Criminal offenses which require the individual to register with the Department of Public Safety as a sex offender under Chapter 62, Code of Criminal Procedure--denial or revocation;(2) Felony offenses:(A) Drug-related offenses, such as those listed in Chapter 481 or 483, Health and Safety Code:(i) Offenses involving manufacture, delivery, possession with intent to deliver, or illegal dispensing:(I) Currently on probation--denial or revocation;(II) 0-5 years since date of disposition--denial or revocation;(III) 6-10 years since date of disposition--denial or revocation;(IV) 11-20 years since date of disposition--5 years probation;(V) Over 20 years since date of disposition--3 years probation;(ii) Offenses involving possession of drugs, fraudulent prescriptions, theft of drugs, or alcohol:(I) If the offense involved only the personal use of the drugs or alcohol and/or chemical impairment:(-a-) Currently on probation--90-day to one-year suspension followed by 5 years probation;(-b-) 0-5 years since date of disposition--5 years probation;(-c-) 6-10 years since date of disposition--3 years probation;(-d-) 11-20 years since date of disposition--1 year probation; or(II) Otherwise:(-a-) Currently on probation--denial or revocation;(-b-) 0-5 years since date of disposition--denial or one-year suspension followed by 5 years probation;(-c-) 6-10 years since date of disposition--180-day suspension followed by 5 years probation;(-d-) 11-20 years since date of disposition--3 years probation;(-e-) Over 20 years since date of disposition--1 year probation;(B) Offenses involving sexual contact or violent acts, or offenses considered to be felonies of the first degree under the Texas Penal Code:(i) Currently on probation--denial or revocation;(ii) 0-5 years since date of disposition--denial or revocation;(iii) 6-10 years since date of disposition--denial or revocation;(iv) 11-20 years since date of disposition--5 years probation;(v) Over 20 years since date of disposition--1 year probation;(C) Other felony offenses:(i) Currently on probation--denial, revocation, or 30- to 180-day suspension followed by 5 years probation;(ii) 0-5 years since date of disposition--5 years probation;(iii) 6-10 years since date of disposition--3 years probation;(iv) 11-20 years since date of disposition--1 year probation;(3) Misdemeanor offenses:(A) Drug-related offenses, such as those listed in Chapter 481 or 483, Health and Safety Code:(i) Offenses involving manufacture, delivery, or possession with intent to deliver:(I) Currently on probation--denial or revocation;(II) 0-10 years since date of disposition--30- to 180-day suspension followed by 5 years probation;(III) 11-20 years since date of disposition--1 year probation;(ii) Offenses involving possession of drugs, fraudulent prescriptions, or theft of drugs:(I) Pharmacists:(-a-) 0-5 years since date of disposition--5 years probation;(-b-) 6-10 years since date of disposition--3 years probation;(II) Pharmacy Technicians and Pharmacy Technician Trainees:(-a-) 0-5 years since date of disposition and offense determined to be in violation of §568.003(a)(5) or (9) of the Act--5 years probation;(-b-) 0-5 years since date of disposition and determined not to be in violation of §568.003(a)(5) or (9) of the Act--1 year probation;(-c-) 6-10 years since date of disposition and offense determined to be in violation of §568.003(a)(5) or (9) of the Act--3 years probation;(III) If 0-5 years since date of disposition, and the offense did not involve only personal use of the drugs and/or chemical impairment, an additional 30- to 90-day suspension will be imposed preceding the probation for the offenses in this clause;(B) Intoxication and alcoholic beverage offenses as defined in the Texas Penal Code, if two such offenses involving intoxication due to ingestion of alcohol occurred in the previous five years or if one such offense involving intoxication due to ingestion of controlled substances or dangerous drugs occurred in the previous five years:(i) Pharmacists: 0-5 years since date of disposition and offense determined to be in violation of §565.001(a)(4) or (7) of the Act--5 years probation;(ii) Pharmacy Technicians and Pharmacy Technician Trainees: 0-5 years since date of disposition and offense determined to be in violation of §568.003(a)(5) or (9) of the Act--5 years probation;(C) Other misdemeanor offenses involving moral turpitude: 0-5 years since date of disposition--reprimand.(d) When an individual has multiple criminal offenses or other violations, the board shall consider imposing additional more severe types of disciplinary sanctions, as deemed necessary.(e) An individual who suffers from an impairment as described by §565.001(a)(4) or (7) or §568.003(a)(5) or (9), may provide mitigating information including treatment, counseling, and monitoring in order to mitigate the sanctions imposed.", "sourceNote": "Source Note: The provisions of this §281.64 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective March 25, 2007, 32 TexReg 1508; amended to be effective March 6, 2008, 33 TexReg 1783; amended to be effective June 8, 2008, 33 TexReg 4304; amended to be effective September 7, 2008, 33 TexReg 7218; amended to be effective May 30, 2010, 35 TexReg 4164; amended to be effective September 14, 2010, 35 TexReg 8356; amended to be effective December 7, 2010, 35 TexReg 10689; amended to be effective June 7, 2012, 37 TexReg 4046; amended to be effective September 9, 2012, 37 TexReg 6916; amended to be effective June 19,2014, 39 TexReg 4655." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201037", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.65", "label": "Schedule of Administrative Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209164", "queryAsDate": "03/11/2026" }, "ruleBody": "The board has determined that the assessment of an administrative penalty promotes the intent of §551.002 of the Act. In disciplinary matters, the board may assess an administrative penalty in addition to any other disciplinary action in the circumstances and amounts as follows:(1) The following violations by a pharmacist may be appropriate for disposition with an administrative penalty with or without additional sanctions or restrictions:(A) failing to provide patient counseling: $1,000;(B) failing to conduct a drug regimen review or inappropriate drug regimen reviews provided by §291.33(c)(2)(A) of this title (relating to Operational Standards): $1,000;(C) failing to clarify a prescription with the prescriber: $1,000;(D) failing to properly supervise or improperly delegating a duty to a pharmacy technician: $1,000;(E) failing to identify the dispensing pharmacist on required pharmacy records: $500;(F) failing to maintain records of prescriptions: $500;(G) failing to respond or failing to provide all requested records within the time specified in a board audit of continuing education records: $100 per hour of continuing education credit not provided;(H) failing to provide or providing false or fraudulent information on any application, notification, or other document required under this Act, the Dangerous Drug Act, or Controlled Substances Act, or rules adopted pursuant to those Acts: $1,000;(I) dispensing a prescription drug pursuant to a forged, altered, or fraudulent prescription: up to $5,000;(J) dispensing unauthorized prescriptions: up to $5,000;(K) dispensing controlled substances or dangerous drugs to an individual or individuals in quantities, dosages, or for periods of time which grossly exceed standards of practice, approved labeling of the federal Food and Drug Administration, or the guidelines published in professional literature: up to $5,000;(L) violating a disciplinary order of the Board or a contract under the program to aid impaired pharmacists or pharmacy students under Chapter 564 of the Act: $500;(M) failing to report or to assure the report of a malpractice claim: $1,000;(N) practicing pharmacy with a delinquent license: $500;(O) operating a pharmacy with a delinquent license: $1,000;(P) allowing an individual to perform the duties of a pharmacy technician without a valid registration: $1,000;(Q) aiding and abetting the unlicensed practice of pharmacy, if the pharmacist knew or reasonably should have known that the person was unlicensed at the time: $2,500;(R) unauthorized substitutions: $1,000;(S) submitting false or fraudulent claims to third parties for reimbursement of pharmacy services: $1,000;(T) selling, purchasing, or trading, or offering to sell, purchase, or trade of misbranded prescription drugs or prescription drugs beyond the manufacturer's expiration date: $1,000;(U) selling, purchasing, or trading, or offering to sell, purchase, or trade of prescription drug samples as provided by §281.7(a)(26) of this title (relating to Grounds for Discipline for a Pharmacist License): $1,000;(V) failing to keep, maintain or furnish an annual inventory as required by §291.17 of this title (relating to Inventory Requirements): $1,000;(W) failing to obtain training on the preparation of sterile pharmaceutical compounding: $1,000;(X) failing to maintain the confidentiality of prescription records: $1,000;(Y) failing to inform the board of any notification or information required to be reported by the Act or rules: $500;(Z) failing to operate a pharmacy as provided by §291.11 of this title (relating to Operation of a Pharmacy): $1,000;(AA) accessing information submitted to the Prescription Monitoring Program in violation of §481.076 of the Controlled Substances Act: $1,000 - $2,500; and(BB) failing to access the Prescription Monitoring Program for a patient's information before dispensing opioids, benzodiazepines, barbiturates, or carisoprodol: $500.(2) The following violations by a pharmacy may be appropriate for disposition with an administrative penalty with or without additional sanctions or restrictions:(A) failing to provide patient counseling: $1,500;(B) failing to conduct a drug regimen review or inappropriate drug regimen reviews provided by §291.33(c)(2)(A) of this title: $1,500;(C) failing to clarify a prescription with the prescriber: $1,500;(D) failing to properly supervise or improperly delegating a duty to a pharmacy technician: $1,500;(E) failing to identify the dispensing pharmacist on required pharmacy records: $500;(F) failing to maintain records of prescriptions: $500;(G) failing to provide or providing false or fraudulent information on any application, notification, or other document required under this Act, the Dangerous Drug Act, or Controlled Substances Act, or rules adopted pursuant to those Acts: $1,000;(H) following an accountability audit, shortages of prescription drugs: dependent on the quantity involved with a minimum of $1,000;(I) dispensing a prescription drug pursuant to a forged, altered, or fraudulent prescription: up to $5,000;(J) dispensing unauthorized prescriptions: up to $5,000;(K) dispensing controlled substances or dangerous drugs to an individual or individuals in quantities, dosages, or for periods of time which grossly exceed standards of practice, approved labeling of the federal Food and Drug Administration, or the guidelines published in professional literature: up to $5,000;(L) violating a disciplinary order of the Board: $1,000;(M) failing to report or to assure the report of a malpractice claim: $1,500;(N) allowing a pharmacist to practice pharmacy with a delinquent license: $1,000;(O) operating a pharmacy with a delinquent license: $1,000;(P) allowing an individual to perform the duties of a pharmacy technician without a valid registration: $3,000;(Q) failing to comply with the reporting requirements to the Prescription Monitoring Program: $1,000;(R) aiding and abetting the unlicensed practice of pharmacy, if an employee of the pharmacy knew or reasonably should have known that the person engaging in the practice of pharmacy was unlicensed at the time: $5,000;(S) unauthorized substitutions: $1,000;(T) submitting false or fraudulent claims to third parties for reimbursement of pharmacy services: $1,000;(U) possessing or engaging in the sale, purchase, or trade or the offer to sell, purchase, or trade of misbranded prescription drugs or prescription drugs beyond the manufacturer's expiration date: $1,000;(V) possessing or engaging in the sale, purchase, or trade or the offer to sell, purchase, or trade of prescription drug samples as provided by §281.8(b)(2) of this title (relating to Grounds for Discipline for a Pharmacy License): $1,000;(W) failing to keep, maintain or furnish an annual inventory as required by §291.17 of this title: $2,500;(X) failing to obtain training on the preparation of sterile pharmaceutical compounding: $2,000;(Y) failing to maintain the confidentiality of prescription records: $1,000;(Z) failing to inform the board of any notification or information required to be reported by the Act or rules: $1,000;(AA) failing to operate a pharmacy as specified in §291.11 of this title: $3,000; and(BB) operating a Class E or Class E-S pharmacy without a Texas licensed pharmacist-in-charge: $1,000.(3) The following violations by a pharmacy technician may be appropriate for disposition with an administrative penalty with or without additional sanctions or restrictions:(A) failing to respond or failing to provide all requested records within the time specified in a board audit of continuing education records: $30 per hour of continuing education credit not provided;(B) failing to provide or providing false or fraudulent information on any application, notification, or other document required under this Act, the Dangerous Drug Act, or Controlled Substances Act, or rules adopted pursuant to those Acts: $500;(C) violating a disciplinary Order of the Board: $250;(D) performing the duties of a pharmacy technician without a valid registration: $250;(E) failing to obtain training on the preparation of sterile pharmaceutical compounding: $500;(F) failing to maintain the confidentiality of prescription records: $500;(G) failing to inform the board of any notification or information required to be reported by the Act or rules: $250; and(H) accessing information submitted to the Prescription Monitoring Program in violation of §481.076 of the Controlled Substances Act: $500 - $2,000.(4) Any of the violations listed in this section may be appropriate for disposition by the administrative penalties in this section in conjunction with any other penalties in §281.61 of this title (relating to Definitions of Discipline Authorized).(5) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty or fine.(6) The amount, to the extent possible, shall be based on:(A) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;(B) the aggravating and mitigating factors in §281.62 of this title (relating to Aggravating and Mitigating Factors);(C) the amount necessary to deter a future violation; and(D) any other matter that justice may require.", "sourceNote": "Source Note: The provisions of this §281.65 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective September 7, 2008, 33 TexReg 7218; amended to be effective June 7, 2009, 34 TexReg 3390; amended to be effective December 6, 2009, 34 TexReg 8690; amended to be effective December 19, 2016, 41 TexReg 9933; amended to be effective June 11, 2017, 42 TexReg 2928; amended to be effective December 6, 2018, 43 TexReg 7770; amended to be effective September 9, 2020, 45 TexReg 6236." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209164", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.66", "label": "Application for Reissuance or Removal of Restrictions of a License or Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163740", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person whose pharmacy license, pharmacy technician registration, or license or registration to practice pharmacy has been canceled, revoked, or restricted, whether voluntary or by action of the board, may, after 12 months from the effective date of such cancellation, revocation, or restriction, apply to the board for reinstatement or removal of the restriction of the license or registration.(1) The application shall be given under oath and on the form prescribed by the board.(2) A person applying for reinstatement or removal of restrictions may be required to meet all requirements necessary in order for the board to access the criminal history record information, including submitting fingerprint information and being responsible for all associated costs.(3) A person applying for reinstatement or removal of restrictions has the burden of proof.(4) On investigation and hearing, the board may in its discretion grant or deny the application or it may modify its original finding to reflect any circumstances that have changed sufficiently to warrant the modification.(5) If such application is denied by the board, a subsequent application may not be considered by the board until 12 months from the date of denial of the previous application.(6) The board in its discretion may require a person to pass an examination or examinations to reenter the practice of pharmacy.(7) The fee for reinstatement of a license or registration shall be $100 which is to be paid to the Texas State Board of Pharmacy and includes the processing of the reinstatement application.(b) In reinstatement cases not involving criminal offenses, the board may consider the following items in determining the reinstatement of an applicant's previously revoked or canceled license or registration:(1) moral character in the community;(2) employment history;(3) financial support to his/her family;(4) participation in continuing education programs or other methods of maintaining currency with the practice of pharmacy;(5) criminal history record;(6) offers of employment in pharmacy;(7) involvement in public service activities in the community;(8) failure to comply with the provisions of the board order revoking or canceling the applicant's license or registration;(9) action by other state or federal regulatory agencies;(10) any physical, chemical, emotional, or mental impairment;(11) the gravity of the offense for which the applicant's license or registration was canceled, revoked, or restricted and the impact the offense had upon the public health, safety and welfare;(12) the length of time since the applicant's license or registration was canceled, revoked or restricted, as a factor in determining whether the time period has been sufficient for the applicant to have rehabilitated himself/herself to be able to practice pharmacy in a manner consistent with the public health, safety and welfare;(13) competency to engage in the practice of pharmacy; or(14) other rehabilitation actions taken by the applicant.(c) If a reinstatement case involves criminal offenses, the sanctions specified in §281.64 of this chapter (relating to Sanctions for Criminal Offenses) apply.(d) If an application for reinstatement of a license to practice pharmacy is granted by the board, the applicant, in addition to any sanctions or other requirements imposed by the board, shall complete approved continuing education and board-approved internship requirements according to the following schedule:(1) if the license has been revoked or canceled for at least one year but less than two years, complete 15 contact hours of approved continuing education;(2) if the license has been revoked or canceled for at least two years but less than three years, complete 30 contact hours of approved continuing education and 100 hours of internship in a board-approved internship program;(3) if the license has been revoked or canceled for at least three years but less than four years, complete 45 contact hours of approved continuing education and 300 hours of internship in a board-approved internship program;(4) if the license has been revoked or canceled for at least four years but less than five years, complete 45 contact hours of approved continuing education and 500 hours of internship in a board-approved internship program;(5) if the license has been revoked or canceled for at least five years but less than six years, complete 45 contact hours of approved continuing education and 700 hours of internship in a board-approved internship program;(6) if the license has been revoked or canceled for at least six years but less than seven years, complete 45 contact hours of approved continuing education and 900 hours of internship in a board-approved internship program;(7) if the license has been revoked or canceled for at least seven years but less than eight years, complete 45 contact hours of approved continuing education and 1,100 hours of internship in a board-approved internship program;(8) if the license has been revoked or canceled for at least eight years but less than nine years, complete 45 contact hours of approved continuing education and 1,300 hours of internship in a board-approved internship program;(9) if the license has been revoked or canceled for at least nine years but less than ten years, complete 45 contact hours of approved continuing education and 1,500 hours of internship in a board-approved internship program; and(10) if the license has been revoked or canceled for ten years or more, complete 45 contact hours of approved continuing education and the number of internship hours required by the Accreditation Council for Pharmacy Education (ACPE) for licensure in a board-approved internship program.", "sourceNote": "Source Note: The provisions of this §281.66 adopted to be effective March 25, 2007, 32 TexReg 1508; amended to be effective December 14, 2008, 33 TexReg 10026; amended to be effective December 6, 2009, 34 TexReg 8690; amended to be effective September 14, 2010, 35 TexReg 8356; amended to be effective September 8, 2013, 38 TexReg 5721; amended to be effective September 11, 2016, 41 TexReg 6696; amended to be effective March 5, 2020, 45 TexReg 1421; amended to be effective June 6, 2022, 47 TexReg 3261." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163740", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.67", "label": "Sanctions for Out-of-State Disciplinary Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194411", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When determining the appropriate sanction for a disciplinary action taken by a regulatory board of another state under §565.001(a)(16), §565.002(a)(13), or §568.003(a)(13), the board has determined that the following shall be applicable for all types of licensees and registrants for such licenses and registrations issued by the board.(1) If the other state's disciplinary action resulted in the license or registration being restricted, suspended, revoked, or surrendered, the appropriate sanction shall be the same as the sanction imposed by the other state, such that the licensee or registrant has the same restriction against practice in Texas.(2) If the license or registration is subject to any other type of disciplinary sanctions, the appropriate sanction shall be equivalent to or less than that imposed by the other state unless contrary to board policy.(b) The sanctions imposed by this chapter can be used in conjunction with other types of disciplinary actions, including administrative penalties, as outlined in this chapter.(c) When a licensee or registrant has additional violations of the Texas Pharmacy Act, the board shall consider imposing additional more severe types of disciplinary sanctions, as deemed necessary.", "sourceNote": "Source Note: The provisions of this §281.67 adopted to be effective June 7, 2012, 37 TexReg 4046; amended to be effective September 8, 2013, 38 TexReg 5721." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194411", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.68", "label": "Remedial Plan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may issue a remedial plan by agreement with the respondent to resolve the investigation of a complaint relating to the Act unless the complaint involves:(1) a death;(2) a hospitalization;(3) the commission of a felony;(4) the unlicensed practice of a licensee or registrant;(5) audit shortages;(6) diversion of controlled substances;(7) impairment by chemical abuse or mental or physical illness of a licensee or registrant;(8) unauthorized dispensing of a prescription drug;(9) gross immorality as defined by the board;(10) engaging in fraud, deceit, or misrepresentation as defined by board rule;(11) disciplinary action by another regulatory board of this state or another state; or(12) any other matter determined by the board.(b) The board shall not impose a remedial plan if the appropriate resolution of the complaint involves a restriction on the manner in which a license holder practices pharmacy.(c) The board may not issue a remedial plan to resolve a complaint against a license holder if the license holder has entered into a remedial plan with the board in the preceding 24 months for the resolution of a different complaint relating to this subtitle.(d) If a license holder complies with and successfully completes the terms of a remedial plan, the board shall remove all records of the remedial plan from the board's records at the end of the fiscal year in which the fifth anniversary of the date the board issued the terms of the remedial plan occurs in accordance with §565.060 of the Act.(e) The board may assess a fee against a license holder participating in a remedial plan in the amount of $1,000 to recover the costs of administering the plan.", "sourceNote": "Source Note: The provisions of this §281.68 adopted to be effective December 10, 2013, 38 TexReg 8834; amended to be effective March 12, 2019, 44 TexReg 1316." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220432", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.69", "label": "Automatic Denial or Revocation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198489", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notwithstanding subsection (c) of this section, as required in Texas Occupations Code, §§108.052 and 108.053, the board shall deny an application for licensure as a pharmacist or immediately upon receiving notification as specified in §108.053(b) revoke the pharmacist license of a person who:(1) is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;(2) has been previously convicted of or placed on deferred adjudication community supervision for the commission of a felony offense involving the use or threat of force; or(3) has been previously convicted of or placed on deferred adjudication community supervision for the commission of an offense:(A) under Penal Code, §§22.011, 22.02, 22.021, or 22.04, or an offense under the laws of another state or federal law that is equivalent to an offense under one of those sections;(B) committed:(i) when the applicant held a license as a health care professional in this state or another state; and(ii) in the course of providing services within the scope of the applicant's license; and(C) in which the victim of the offense was a patient of the applicant.(b) As specified in Texas Occupations Code, §108.054, a person whose license application is denied under this subsection:(1) based on a conviction or placement on deferred adjudication community supervision for an offense described by subsections (a)(2) or (3) of this section may reapply for a license if the conviction or deferred adjudication is reversed, set aside, or vacated on appeal; or(2) based on a requirement to register as a sex offender under Chapter 62, Code of Criminal Procedure, may reapply for a license after the expiration of the period for which the person is required to register.(c) As specified in Texas Occupations Code, §108.055, a person whose license is revoked under this subsection:(1) based on a conviction or placement on deferred adjudication community supervision for an offense described by subsections (a)(2) or (3) of this section may apply for reinstatement of the license if the conviction or deferred adjudication is reversed, set aside, or vacated on appeal; or(2) based on a requirement to register as a sex offender under Chapter 62, Code of Criminal Procedure, may apply for reinstatement of the license after the expiration of the period for which the person is required to register.", "sourceNote": "Source Note: The provisions of this §281.69 adopted to be effective March 5, 2020, 45 TexReg 1422; amended to be effective September 1, 2024, 49 TexReg 6750." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198489", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "281", "label": "ADMINISTRATIVE PRACTICE AND PROCEDURES" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES" }, "rule": { "number": "§281.70", "label": "Surety Bond" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136743", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board may require a surety bond if an investigation of a pharmacy involves §565.002(a)(7) or (10) of the Act.", "sourceNote": "Source Note: The provisions of this §281.70 adopted to be effective March 5, 2020, 45 TexReg 1422." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136743", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213574", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this chapter is to provide a comprehensive, coherent regulatory scheme for the licensing of individuals wishing to engage in the practice of pharmacy in this state. The provisions of this chapter govern in conjunction with the Texas Pharmacy Act (Chapters 551 - 566, and 568 - 569, Occupations Code, as amended) the method for the issuance of a certificate to act as a pharmacist in Texas. This chapter also provides a framework for any board-approved internship program.", "sourceNote": "Source Note: The provisions of this §283.1 adopted to be effective February 17, 1988, 13 TexReg 610; amended to be effective June 13, 2002, 27 TexReg 4947; amended to be effective June 8, 2008, 33 TexReg 4304." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213574", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187992", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) ACPE--Accreditation Council for Pharmacy Education.(2) Applicant--An individual having applied for licensure to act as a pharmacist in Texas.(3) Approved continuing education--Continuing education which meets the requirements of §295.8 of this title (relating to Continuing Education Requirements).(4) Board--The Texas State Board of Pharmacy; all members, divisions, departments, sections, and employees thereof.(5) College/School of pharmacy--A college/school of pharmacy whose professional degree program has been approved by the board and is either accredited by:(A) ACPE; or(B) the Canadian Council for Accreditation of Pharmacy Programs for 1993 - 2004 graduates.(6) Competency--A demonstrated state of preparedness for the realities of professional pharmacy practice.(7) Didactic--Systematic classroom instruction.(8) Direct supervision--A pharmacist preceptor or healthcare professional preceptor is physically present and on-site at the licensed location of the pharmacy where the pharmacist-intern is performing pharmacist-intern duties.(9) Extended-intern--An intern, registered with the board, who has:(A) applied to the board for licensure by examination and has successfully passed the NAPLEX and Texas Pharmacy Jurisprudence Examination but lacks the required number of hours of internship for licensure; or(B) applied to the board to take the NAPLEX and Texas Pharmacy Jurisprudence Examinations within six calendar months after graduation and has either:(i) graduated and received a professional degree from a college/school of pharmacy; or(ii) completed all of the requirements for graduation and for receipt of a professional degree from a college/school of pharmacy; or(C) applied to the board to take the NAPLEX and Texas Pharmacy Jurisprudence Examinations within six calendar months after obtaining full certification from the Foreign Pharmacy Graduate Equivalency Commission; or(D) applied to the Board for re-issuance of a pharmacist license which has been expired for more than two years but less than ten years and has successfully passed the Texas Pharmacy Jurisprudence Examination, but lacks the required number of hours of internship or continuing education required for licensure; or(E) been ordered by the Board to complete an internship.(10) Foreign pharmacy graduate--An individual whose pharmacy degree was conferred by a pharmacy school whose professional degree program has not been accredited by ACPE and approved by the board. An individual whose pharmacy degree was conferred by a pharmacy school that was accredited by the Canadian Council for Accreditation of Pharmacy Programs between 1993 and 2004, inclusively, is not considered a foreign pharmacy graduate.(11) FPGEC--The Foreign Pharmacy Graduate Equivalency Commission.(12) Healthcare Professional--An individual licensed as:(A) a physician, dentist, podiatrist, veterinarian, advanced practice registered nurse, or physician assistant in Texas or another state; or(B) a pharmacist in a state other than Texas but not licensed in Texas.(13) Healthcare Professional Preceptor--A healthcare professional serving as an instructor for a Texas college/school-based internship program who is recognized by a Texas college/school of pharmacy to supervise and be responsible for the activities and functions of a student-intern in the internship program.(14) Internship--A practical experience program that is approved by the board.(15) MPJE--Multistate Pharmacy Jurisprudence Examination.(16) NABP--The National Association of Boards of Pharmacy.(17) NAPLEX--The North American Pharmacy Licensing Examination, or its predecessor, the National Association of Boards of Pharmacy Licensing Examination.(18) Pharmaceutical care--The provision of drug therapy and other pharmaceutical services defined in the rules of the board and intended to assist in the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process.(19) Pharmacist Preceptor--A pharmacist licensed in Texas to practice pharmacy who meets the requirements under board rules and is recognized by the board to supervise and be responsible for the activities and functions of a pharmacist-intern in an internship program.(20) Pharmacist-intern--A student-intern, a resident-intern, or an extended-intern who is participating in a board approved internship program.(21) Preceptor--A pharmacist preceptor or a healthcare professional preceptor.(22) Professional degree--A bachelor of science degree in pharmacy or a doctorate of pharmacy degree.(23) Resident-intern--An individual who is registered with the board and:(A) has graduated from a college/school of pharmacy; and(B) is completing a residency program in the state of Texas.(24) State--One of the 50 United States of America, the District of Columbia, and Puerto Rico.(25) Student-intern--An individual registered with the board who is enrolled in the professional sequence of a college/school of pharmacy and is participating in a board-approved internship program.(26) Texas Pharmacy Jurisprudence Examination--A licensing exam developed or approved by the Board which evaluates an applicant's knowledge of the drug and pharmacy requirements to practice pharmacy legally in the state of Texas.", "sourceNote": "Source Note: The provisions of this §283.2 adopted to be effective February 17, 1988, 13 TexReg 610; amended to be effective November 7, 1989, 14 TexReg 5687; amended to be effective March 19, 1990, 15 TexReg 1234; amended to be effective June 15, 1990, 15 TexReg 3334; amended to be effective June 1, 1994, 19 TexReg 3920; amended to be effective February 1, 1996, 21 TexReg 110; amended to be effective December 31, 1996, 21 TexReg 12297; amended to be effective March 19, 1998, 23 TexReg 2814; amended to be effective December 27, 2000, 25 TexReg 12689; amended to be effective June 11, 2006, 31 TexReg 4628; amended to be effective June 8, 2008, 33 TexReg 4304; amended to be effectiveMarch13, 2012, 37 TexReg 1705; amended to be effective December 6, 2015, 40 TexReg 8763; amended to be effective March 10, 2016, 41 TexReg 1689; amended to be effective June 18, 2020, 45 Texreg 4033; amended to be effective December 10, 2020, 45 TexReg 8849; amended to be effective May 24, 2023, 48 TexReg 2576." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187992", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.3", "label": "Educational and Age Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214889", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant for licensure as a pharmacist shall provide satisfactory evidence that the age of 18 years has been obtained and shall meet one of the following requirements:(1) have graduated and received a professional degree from a college of pharmacy; or(2) have graduated from a foreign college of pharmacy and obtained full certification from the FPGEC.", "sourceNote": "Source Note: The provisions of this §283.3 adopted to be effective February 17, 1988, 13 TexReg 610; amended to be effective December 31, 1996, 21 TexReg 12297; amended to be effective March 13, 2012, 37 TexReg 1705; amended to be effective March 7, 2018, 43 TexReg 1278." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214889&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214889", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.4", "label": "Internship Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202012", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Goals and competency objectives of internship.(1) The goal of internship is for the pharmacist-intern to attain the knowledge, skills, and abilities to safely, efficiently, and effectively provide pharmacist-delivered patient care to a diverse patient population and practice pharmacy under the laws and regulations of the State of Texas.(2) The following competency objectives are necessary to accomplish the goal of internship in paragraph (1) of this subsection:(A) Provides drug products. The pharmacist-intern shall demonstrate competence in determining the appropriateness of prescription drug orders and medication orders; evaluating and selecting products; and assuring the accuracy of the product/prescription dispensing process.(B) Communicates with patients and patients' agents about prescription drugs. The pharmacist-intern shall demonstrate competence in interviewing and counseling patients and patients' agents on drug usage, dosage, packaging, routes of administration, intended drug use, and storage; discussing drug cautions, adverse effects, and patient conditions; explaining policies on fees and services; relating to patients in a professional manner; and interacting to confirm patient understanding.(C) Communicates with patients and patients' agents about nonprescription products, devices, dietary supplements, diet, nutrition, traditional nondrug therapies, complementary and alternative therapies, and diagnostic aids. The pharmacist-intern shall demonstrate competence in interviewing and counseling patients and patients' agents on conditions, intended drug use, and adverse effects; assisting in and recommending drug selection; triaging and assessing the need for treatment or referral, including referral for a patient seeking pharmacist-guided self-care; providing information on medical/surgical devices and home diagnostic products; and providing poison control treatment information and referral.(D) Communicates with healthcare professionals, patients, and patients' agents. The pharmacist-intern shall demonstrate competence in obtaining and providing accurate and concise information in a professional manner and using appropriate oral, written, and nonverbal language.(E) Practices as a member of the patient's interdisciplinary healthcare team. The pharmacist-intern shall demonstrate competence in collaborating with physicians, other healthcare professionals, patients, and patients' agents to formulate a therapeutic plan. The pharmacist-intern shall demonstrate competence in establishing and interpreting databases, identifying drug-related problems and recommending appropriate pharmacotherapy specific to patient needs, monitoring and evaluating patient outcomes, and devising follow-up plans.(F) Maintains professional-ethical standards. The pharmacist-intern is required to comply with laws and regulations pertaining to pharmacy practice; to apply professional judgment; to exhibit reliability and credibility in dealing with others; to deal professionally and ethically with colleagues and patients; to demonstrate sensitivity and empathy for patients/care givers; and to maintain confidentiality.(G) Compounds. The pharmacist-intern shall demonstrate competence in using acceptable professional procedures; selecting appropriate equipment and containers; appropriately preparing compounded non-sterile and sterile preparations; and documenting calculations and procedures. Pharmacist-interns engaged in compounding non-sterile preparations shall meet the training requirements for pharmacists specified in §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations). Pharmacist-interns engaged in compounding sterile preparations shall meet the training requirements for pharmacists specified in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations).(H) Retrieves and evaluates drug information. The pharmacist-intern shall demonstrate competence in retrieving, evaluating, managing, and using the best available clinical and scientific publications for answering a drug-related request in a timely fashion and assessing, evaluating, and applying evidence based information to promote optimal health care. The pharmacist-intern shall perform investigations on relevant topics in order to promote inquiry and problem-solving with dissemination of findings to the healthcare community and the public.(I) Manages general pharmacy operations. The pharmacist-intern shall develop a general understanding of planning, personnel and fiscal management, leadership skills, and policy development. The pharmacist-intern shall have an understanding of drug security, storage and control procedures and the regulatory requirements associated with these procedures, and maintaining quality assurance and performance improvement. The pharmacist-intern shall observe and document discrepancies and irregularities, keep accurate records, and document actions. The pharmacist-intern shall attend meetings requiring pharmacy representation.(J) Participates in public health, community service, or professional activities. The pharmacist-intern shall develop basic knowledge and skills needed to become an effective healthcare educator and a responsible participant in civic and professional organizations.(K) Demonstrates scientific inquiry. The pharmacist-intern shall develop skills to expand and refine knowledge in the areas of pharmaceutical and medical sciences or pharmaceutical services. This may include data analysis of scientific, clinical, sociological, or economic impacts of pharmaceuticals (including investigational drugs), pharmaceutical care, and patient behaviors, with dissemination of findings to the scientific community and the public.(b) Hours requirement.(1) The board requires the number of hours of internship required by ACPE for licensure. These hours may be obtained through one or more of the following methods:(A) in a board-approved student internship program, as specified in subsection (c) of this section;(B) in a board-approved extended-internship program, as specified in subsection (d) of this section;(C) graduation from a college/school of pharmacy. Persons graduating from such programs shall be credited the number of hours obtained and reported by the college; or(D) internship hours approved and certified to the board by another state board of pharmacy.(2) Pharmacist-interns participating in an internship may be credited no more than 50 hours per week of internship experience.(3) Internship hours may be used for the purpose of licensure for no longer than three years from the date the internship is completed.(c) College-/School-Based Internship Programs.(1) Internship experience acquired by student-interns.(A) An individual may be designated a student-intern provided he/she:(i) submits an application to the board that includes the following information:(I) name;(II) addresses, phone numbers, date of birth, and social security number;(III) college of pharmacy and expected graduation date; and(IV) any other information requested on the application;(ii) is enrolled in the professional sequence of a college/school of pharmacy; and(iii) has met all requirements necessary for the board to access the criminal history records information, including submitting fingerprint information and being responsible for all associated costs.(B) The terms of the student internship shall be as follows.(i) The student internship shall be gained concurrent with college attendance, which may include:(I) partial semester breaks such as spring breaks;(II) between semester breaks; and(III) whole semester breaks, provided the student-intern attended the college/school in the immediately preceding semester and is scheduled with the college/school to attend in the immediate subsequent semester.(ii) The student internship shall be obtained in pharmacies licensed by the board, federal government pharmacies, or in a board-approved program.(iii) The student internship shall be in the presence of and under the supervision of a healthcare professional preceptor or a pharmacist preceptor.(C) None of the internship hours acquired outside of a school-based program may be substituted for any of the hours required in a college/school of pharmacy internship program.(2) Expiration date for student-intern designation.(A) The student-internship expires if:(i) the student-intern voluntarily or involuntarily ceases enrollment, including suspension, in a college/school of pharmacy;(ii) the student-intern fails more than once either the NAPLEX or Texas Pharmacy Jurisprudence Examination specified in this section; or(iii) the student-intern fails to take either the NAPLEX or Texas Pharmacy Jurisprudence Examination or both within six calendar months after graduation.(B) The executive director of the board, in his/her discretion, may extend the term of the student internship if administration of the NAPLEX or Texas Pharmacy Jurisprudence Examination is suspended or delayed.(3) Texas colleges/schools of pharmacy internship programs.(A) Student-interns completing a board-approved Texas college/school-based structured internship shall be credited the number of hours actually obtained and reported by the college. No credit shall be awarded for didactic experience.(B) No more than 600 hours of the required number of hours may be obtained under a healthcare professional preceptor except when a pharmacist-intern is working in a federal government pharmacy.(d) Extended-internship program.(1) A person may be designated an extended-intern provided he/she has met one of the following requirements:(A) passed the NAPLEX and Texas Pharmacy Jurisprudence Examination but lacks the required number of internship hours for licensure;(B) applied to the board to take the NAPLEX and Texas Pharmacy Jurisprudence Examination within six calendar months after graduation and has:(i) graduated and received a professional degree from a college/school of pharmacy; or(ii) completed all of the requirements for graduation and receipt of a professional degree from a college/school of pharmacy.(C) applied to the board to take the NAPLEX and Texas Pharmacy Jurisprudence Examination within six calendar months after obtaining full certification from the Foreign Pharmacy Graduate Equivalency Commission;(D) applied to the board for re-issuance of a pharmacist license which has expired for more than two years but less than ten years and has successfully passed the Texas Pharmacy Jurisprudence Examination, but lacks the required number of hours of internship or continuing education required for licensure;(E) is a resident in a residency program in the state of Texas and has not previously failed more than once either the NAPLEX or Texas Pharmacy Jurisprudence Examination; or(F) been ordered by the Board to complete an internship.(2) In addition to meeting one of the requirements in paragraph (1) of this subsection, an applicant for an extended-internship must:(A) submit an application to the board that includes the following information:(i) name;(ii) addresses, phone numbers, date of birth, and social security number; and(iii) any other information requested on the application; and(B) meet all requirements necessary for the board to access the criminal history records information, including submitting fingerprint information and being responsible for all associated costs.(3) The terms of the extended-internship shall be as follows.(A) The extended-internship shall be board-approved and gained in a pharmacy licensed by the board, or a federal government pharmacy participating in a board-approved internship program.(B) The extended-internship shall be in the presence of and under the direct supervision of a pharmacist preceptor.(4) The extended internship remains in effect for two years. However, the internship expires immediately upon:(A) the failure of the extended-intern to take the NAPLEX and Texas Pharmacy Jurisprudence Examination within six calendar months after graduation or FPGEC certification;(B) the extended-intern failing more than once either the NAPLEX or Texas Pharmacy Jurisprudence Examination specified in this section;(C) termination of the residency program; or(D) obtaining a Texas pharmacist license.(5) The executive director of the board, in his/her discretion, may extend the term of the extended internship if administration of the NAPLEX or Texas Pharmacy Jurisprudence Examination is suspended or delayed.(6) An applicant for licensure who has completed less than 500 hours of internship at the time of application shall complete the remainder of the required number of hours of internship and have the preceptor certify that the applicant has met the objectives listed in subsection (a) of this section.(e) Pharmacist-intern identification.(1) Pharmacist-interns shall keep documentation of designation as a pharmacist-intern with them at all times they are serving as a pharmacist-intern and make it available for inspection by board agents.(2) All pharmacist-interns shall wear an identification tag or badge which bears the person's name and identifies him or her as a pharmacist-intern.(f) Change of address or name.(1) Change of address. A pharmacist-intern shall notify the board electronically or in writing within 10 days of a change of address, giving the old and new address.(2) Change of name. A pharmacist-intern shall notify the board in writing within 10 days of a change of name by sending a copy of the official document reflecting the name change (e.g., marriage certificate, divorce decree).", "sourceNote": "Source Note: The provisions of this §283.4 adopted to be effective February 17, 1988, 13 TexReg 610; amended to be effective June 15, 1990, 15 TexReg 3334; amended to be effective June 1, 1994, 19 TexReg 3920; amended to be effective February 1, 1996, 21 TexReg 110; amended to be effective December 31, 1996, 21 TexReg 12297; amended to be effective June 30, 1997, 22 TexReg 5924; amended to be effective March 19, 1998, 23 TexReg 2814; amended to be effective December 27, 2000, 25 TexReg 12689; amended to be effective June 11, 2006, 31 TexReg 4628; amended to be effective September 3, 2006, 31 TexReg 6729; amended to be effective June 8, 2008, 33 TexReg 4304; amended to be effective June 7, 2009, 34 TexReg 3390; amended to be effective September 12, 2011, 36 TexReg 5845; amended to be effective March 15, 2012, 37 TexReg 1705; amended to be effective June 12, 2016, 41 TexReg 4256; amended to be effective June 20, 2019, 44 TexReg 2945; amended to be effective June 18, 2020, 45 TexReg 4033; amended to be effective December 10, 2020, 45 TexReg 8850; amended to be effective September 9, 2021, 46 TexReg 5550; amended to be effective March 15, 2022, 47 TexReg 1276; amended to be effective August 24, 2022, 47 TexReg 4976; amended to be effective May 24, 2023, 48 TexReg 2576; amended to be effective August 27, 2023, 48 TexReg 4669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202012", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.5", "label": "Pharmacist-Intern Duties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214890", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pharmacist-intern participating in a board-approved internship program may perform any duty of a pharmacist provided the duties are delegated by and under the supervision of:(1) a pharmacist licensed by the board and approved as a preceptor by the board; or(2) a healthcare professional preceptor.(b) When not under the supervision of a pharmacist preceptor, a pharmacist-intern may function as a pharmacy technician and perform all of the duties of a pharmacy technician without registering as a pharmacy technician provided the pharmacist-intern:(1) is registered with the board as a pharmacist-intern;(2) is under the direct supervision of a pharmacist;(3) has completed the pharmacy's on-site technician training program;(4) has completed the training required for pharmacists in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations) if the pharmacist-intern is involved in compounding sterile preparations; and(5) is not counted as a pharmacy technician in the ratio of pharmacists to pharmacy technicians.(c) A pharmacist-intern may not:(1) present or identify himself/herself as a pharmacist;(2) sign or initial any document which is required to be signed or initialed by a pharmacist unless a preceptor cosigns the document; or(3) independently supervise pharmacy technicians or pharmacy technician trainees.", "sourceNote": "Source Note: The provisions of this §283.5 adopted to be effective February 15, 1988, 13 TexReg 610; amended to be effective February 1, 1996, 21 TexReg 110; amended to be effective June 30, 1997, 22 TexReg 5924; amended to be effective June 4, 2000, 25 TexReg 4777; amended to be effective June 20, 2001, 26 TexReg 4478; amended to be effective March 4, 2004, 29 TexReg 1949; amended to be effective June 8, 2008, 33 TexReg 4304; amended to be effective March 10, 2016, 41 TexReg 1689; amended to be effective June 18, 2020, 45 TexReg 4034; amended to be effective December 10, 2020, 45 TexReg 8850." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214890", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.6", "label": "Preceptor Requirements and Ratio of Preceptors to Pharmacist-Interns" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178135", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Preceptor requirements.(1) Preceptors shall be:(A) a pharmacist whose license to practice pharmacy in Texas is current and not on inactive status with the board; or(B) a healthcare professional preceptor.(2) To be recognized as a pharmacist preceptor, a pharmacist must:(A) have at least:(i) one year of experience as a licensed pharmacist; or(ii) six months of residency training if the pharmacy resident is completing a residency program.(B) have completed:(i) for initial certification, three hours of pharmacist preceptor training provided by an ACPE approved provider within the previous two years. Such training shall be:(I) developed by a Texas college/school of pharmacy; or(II) approved by:(-a-) a committee comprised of the Texas college/schools of pharmacy; or(-b-) the board; or(ii) to continue certification, three hours of pharmacist preceptor training provided by an ACPE approved provider within the pharmacist's current license renewal period. Such training shall be:(I) developed by a Texas college/school of pharmacy; or(II) approved by:(-a-) a committee comprised of the Texas college/schools of pharmacy; or(-b-) the board; and(C) meet the requirements of subsection (c) of this section.(3) A pharmacist preceptor must be certified by the board.(b) Ratio of preceptors to pharmacist-interns.(1) A preceptor may supervise only one pharmacist-intern at any given time (1:1 ratio) except as provided in paragraph (2) of this subsection.(2) The following is applicable to Texas college/school of pharmacy internship programs only.(A) Supervision. Supervision of a pharmacist-intern shall be:(i) direct supervision when the student-intern is engaged in functions associated with the preparation and delivery of prescription or medication drug orders; and(ii) general supervision when the student-intern is engaged in functions not associated with the preparation and delivery of prescription or medication drug orders.(B) Exceptions to the 1:1 ratio. There is no ratio requirement for preceptors supervising student-interns as a part of a Texas college/school of pharmacy program.(c) No pharmacist may serve as a pharmacist preceptor if his or her license to practice pharmacy has been the subject of an order of the board imposing any penalty set out in §565.051 of the Act during the period he or she is serving as a pharmacist preceptor or within the three-year period immediately preceding application for approval as a pharmacist preceptor. Provided, however, a pharmacist who has been the subject of such an order of the board may petition the board, in writing, for approval to act as a pharmacist preceptor. The board may consider the following items in approving a pharmacist's petition to act as a pharmacist preceptor:(1) the type and gravity of the offense for which the pharmacist's license was disciplined;(2) the length of time since the action that caused the order;(3) the length of time the pharmacist has previously served as a preceptor;(4) the availability of other preceptors in the area;(5) the reason(s) the pharmacist believes he/she should serve as a preceptor;(6) a letter of recommendation from a Texas college/school of pharmacy if the pharmacist will be serving as a pharmacist preceptor for a Texas college/school of pharmacy; and(7) any other factor presented by the pharmacist demonstrating good cause why the pharmacist should be allowed to act as a pharmacist preceptor.", "sourceNote": "Source Note: The provisions of this §283.6 adopted to be effective February 17, 1988, 13 TexReg 610; amended to be effective February 1, 1996, 21 TexReg 110; amended to be effective January 12, 1998, 23 TexReg 134; amended to be effective October 4, 1998, 23 TexReg 9745; amended to be effective June 20, 2001, 26 TexReg 4478; amended to be effective June 13, 2002, 27 TexReg 4947; amended to be effective September 10, 2003, 28 TexReg 7709; amended to be effective March 4, 2004, 29 TexReg 1950; amended to be effective March 6, 2006, 31 TexReg 1439; amended to be effective June 11, 2006, 31 TexReg 4628; amended to be effective June 8,2008, 33 TexReg 4304; amended to be effective June 7, 2009, 34 TexReg 3390; amended to be effective June 20, 2019, 44 TexReg 2945; amended to be effective June 18, 2020, 45 TexReg 4034; amended to be effective August 27, 2023, 48 TexReg 4669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178135&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178135", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.7", "label": "Examination Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178136", "queryAsDate": "03/11/2026" }, "ruleBody": "Each applicant for licensure by examination shall pass the Texas Pharmacy Jurisprudence Examination and the NAPLEX. The examination requirements shall be as follows:(1) Prior to taking the required examination, the applicant shall:(A) meet the educational and age requirements as set forth in §283.3 of this title (relating to Educational and Age Requirements);(B) meet all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and being responsible for all associated costs; and(C) submit an application to the board that includes the following information:(i) name;(ii) addresses, phone numbers, date of birth, and social security number; and(iii) any other information requested on the application.(2) All applicants shall pass NAPLEX, which includes, at a minimum, the following subject areas:(A) chemistry;(B) mathematics;(C) pharmacy;(D) pharmacology; and(E) practice of pharmacy.(3) Effective October 1, 1979, the following requirements apply.(A) To pass NAPLEX, an applicant shall make the following grades:(i) a minimum grade of 60 on chemistry, mathematics, pharmacy, and pharmacology test;(ii) a minimum grade of 75 on the practice of pharmacy test; and(iii) a minimum average grade of 75 on the NAPLEX.(B) Should the applicant fail to achieve a minimum grade of 60 in any of the tests set out in paragraph (2)(A) - (E) of this section or fail to achieve a minimum grade of 75 in the practice of pharmacy test or fail to achieve a minimum average grade of 75 in the NAPLEX, such applicant, in order to be licensed, is required to retake all tests until such time as the minimum average grades are achieved.(4) Effective June 1, 1986, the following requirements apply.(A) To pass the NAPLEX, an applicant shall make a minimum average grade of 75.(B) Should the applicant fail to achieve a minimum average grade of 75 in the NAPLEX, such applicant, in order to be licensed, shall retake the NAPLEX, as specified in §283.11 of this title (relating to Examination Retake Requirements) until such time as a minimum average grade of 75 is achieved.(5) To pass the Texas Pharmacy Jurisprudence Examination, an applicant shall make a minimum grade of 75. Should the applicant fail to achieve a minimum grade of 75 on the Texas Pharmacy Jurisprudence Examination, such applicant, in order to be licensed, shall retake the Texas Pharmacy Jurisprudence Examination as specified in §283.11 of this title until such time as a minimum average grade of 75 is achieved.(6) A passing grade on an examination may be used for the purpose of licensure for a period of two years from the date of passing the examination.(7) Each applicant for licensure by examination utilizing NAPLEX scores transferred from another state shall meet the following requirements for licensure in addition to the requirements set out in paragraphs (1) - (6) of this section.(A) The applicant shall request NABP to transfer NAPLEX scores to the board. Such request shall be in accordance with NABP policy.(B) The applicant shall pay the fee set out in §283.9 of this title.(8) The NAPLEX and Texas Pharmacy Jurisprudence Examination shall be administered in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and in accordance with NABP policy.(9) The board, in accordance with NABP policy, shall provide reasonable accommodations for an applicant diagnosed as having dyslexia, as defined in §51.970, Texas Education Code. The applicant shall provide:(A) written documentation from a licensed physician which indicates that the applicant has been diagnosed as having dyslexia; and(B) a written request outlining the reasonable accommodations requested.", "sourceNote": "Source Note: The provisions of this §283.7 adopted to be effective February 17, 1988, 13 TexReg 610; amended to be effective March 23, 1994, 19 TexReg 1828; amended to be effective December 31, 1996, 21 TexReg 12297; amended to be effective June 30, 1997, 22 TexReg 5924; amended to be effective March 6, 2006, 31 TexReg 1440; amended to be effective September 3, 2006, 31 TexReg 6729; amended to be effective December 14, 2008, 33 TexReg 10026; amended to be effective September 12, 2011, 36 TexReg 5845; amended to be effective December 31, 1996, 21 TexReg 12297; amended to be effective November 24, 2011, 36 TexReg 7866; amended to be effective March 13, 2012, 37 TexReg 1705;amended to be effective June 12, 2016, 41 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178136&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178136", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.8", "label": "Reciprocity Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216975", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for licensure by reciprocity shall:(1) meet the educational and age requirements specified in §283.3 of this title (relating to Educational and Age Requirements);(2) meet all requirements necessary in order for the board to access the criminal history record information, including submitting fingerprint information and being responsible for all associated costs;(3) complete the Texas and NABP applications for reciprocity. Any fraudulent statement made in the application for reciprocity is grounds for denial of the application; if such application is granted, any fraudulent statement is grounds for suspension, revocation, and/or cancellation of any license so granted by the board. The Texas application includes the following information:(A) name;(B) addresses, phone numbers, dates of birth, and social security numbers; and(C) any other information requested on the application.(4) shall present to the board proof of initial licensing by examination and proof that their current license and any other license or licenses granted to the applicant by any other state have not been suspended, revoked, canceled, surrendered, or otherwise restricted for any reason; and(5) shall pass the Texas Pharmacy Jurisprudence Examination with a minimum grade of 75. (The passing grade may be used for the purpose of licensure by reciprocity for a period of two years from the date of passing the examination.) Should the applicant fail to achieve a minimum grade of 75 on the Texas Pharmacy Jurisprudence Examination, such applicant, in order to be licensed, shall retake the Texas Pharmacy Jurisprudence Examination as specified in §283.11 of this title (relating to Examination Retake Requirements) until such time as a minimum grade of 75 is achieved.(b) A reciprocity applicant originally licensed after January 1, 1978, and who has graduated and received a professional degree from a college of pharmacy, shall show proof such applicant has passed the NAPLEX or equivalent examination based on criteria no less stringent than the criteria in force in Texas.(c) A reciprocity applicant who is a foreign pharmacy graduate shall provide written documentation that such applicant has:(1) obtained full certification from the FPGEC; and(2) passed NAPLEX or equivalent examination based on criteria no less stringent than the criteria in force in Texas.(d) An applicant is not eligible for licensing by reciprocity unless the state in which the applicant is currently or was initially licensed as a pharmacist also grants reciprocal licensing to pharmacists duly licensed by examination in this state, under like circumstances and conditions.", "sourceNote": "Source Note: The provisions of this §283.8 adopted to be effective February 17, 1988, 13 TexReg 610; amended to be effective March 23, 1994, 19 TexReg 1828; amended to be effective December 31, 1996, 21 TexReg 12297; amended to be effective June 11, 2006, 31 TexReg 4628; amended to be effective December 3, 2006, 31 TexReg 9608; amended to be effective December 14, 2008, 33 TexReg 10026; amended to be effective September 12, 2011, 36 TexReg 5845; amended to be effective November 24, 2011, 36 TexReg 7866; amended to be effective March 13, 2012, 37 TexReg 1705; amended to be effective June 12, 2016, 41 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216975", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.9", "label": "Fee Requirements for Licensure by Examination, Score Transfer and Reciprocity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155545", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The fees for licensure by examination, score transfer, and reciprocity shall include one exam administration. The fees are as follows:(1) Examination Fee. The fee to submit an application for licensure by examination will include:(A) An examination processing fee of $103, which is to be paid to the Texas State Board of Pharmacy and includes the processing of the Texas application.(B) NAPLEX administrative and examination fees as determined by NABP, which are to be paid to NABP in accordance with NABP policy.(C) MPJE administrative and examination fees as determined by NABP, which are to be paid to NABP in accordance with NABP policy.(2) Reciprocity Fee. The fee to submit an application for licensure by reciprocity will include:(A) A reciprocity fee of $255, which is to be paid to the Texas State Board of Pharmacy.(B) MPJE administrative and examination fees as determined by NABP, which are to be paid to NABP in accordance with NABP policy.(C) A license verification fee as determined by NABP, which is to be paid to NABP in accordance with NABP policy.(3) Score Transfer Fee. The fees to transfer a score to Texas, using the NAPLEX Score Transfer system will include:(A) An examination processing fee of $103, which is to be paid to the Texas State Board of Pharmacy and includes the processing of the Texas application.(B) MPJE administrative and examination fees as determined by NABP, which are to be paid to NABP in accordance with NABP policy.(C) A score transfer fee as determined by NABP, which is to be paid to NABP in accordance with NABP policy.(b) If an applicant fails an examination or is required to take an examination by the Board, the application fee is $103 for each examination the applicant is required to take.(c) Rescheduling or canceling an examination appointment.(1) Refunds for fees charged by NABP for the administration of the NAPLEX and MPJE are in accordance with NABP policy. Rescheduling of an examination appointment shall be in accordance with NABP policy.(2) The Board may refund fifty percent of an examination fee paid to the Board by an applicant if the applicant:(A) provides advance notice of their inability to take the examination prior to the board providing authorization to take the examination; or(B) is unable to take the examination due to an emergency situation including but not limited to a manmade or natural disaster, documented serious medical illness, or other circumstance deemed an emergency by the Executive Director of the Board.(d) A person who takes the NAPLEX or Texas Pharmacy Jurisprudence Examination will be notified of the results of the examination(s) within two weeks of receipt of the results of the examination(s) from the testing service. If both the NAPLEX and Texas Pharmacy Jurisprudence Examination are taken, the applicant will not be notified until the results of both examinations have been received. Such notification will be made within two weeks after receipt of the results of both examinations.(e) Once an applicant has successfully completed all requirements of licensure, the applicant will be notified of licensure as a pharmacist and of his or her pharmacist license number and the following is applicable.(1) An initial license will be issued by the board authorizing the person to practice pharmacy in Texas for a period of 30 days.(2) The applicant shall complete a pharmacist license application and pay the initial license fee specified in §295.5 of this title (relating to Pharmacist License or Renewal Fees).(3) If application and payment of the initial license fee are not received by the board within 30 days from the initial license was issued, the person's license to practice pharmacy shall expire. A person may not practice pharmacy with an expired license. The license may be renewed according to the following schedule.(A) If the initial license has been expired for 90 days or less, the person may become licensed by making application and paying to the board one initial license fee and a fee that is one-half of a renewal fee.(B) If the initial license has been expired for more than 90 days but less than one year, the person may become licensed by making application and paying to the board one initial license fee and a fee that is equal to a renewal fee.(C) If the initial license has been expired for one year or more, the person shall apply for a new license.", "sourceNote": "Source Note: The provisions of this §283.9 adopted to be effective December 27, 2000, 25 TexReg 12690; amended to be effective September 7, 2004, 29 TexReg 8516; amended to be effective June 11, 2006, 31 TexReg 4628; amended to be effective March 13, 2012, 37 TexReg 1705; amended to be effective September 14, 2015, 40 TexReg 6109; amended to be effective March 7, 2024, 49 TexReg 1464." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155545&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155545", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.10", "label": "Requirements for Application for a Pharmacist License Which Has Expired" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202013", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Expired less than 90 days. If a person's license has been expired for 90 days or less, the person may renew the license by:(1) paying to the board a renewal fee that is equal to one and one-half times the renewal fee for the license as specified in §295.5 of this title (relating to Pharmacist License Renewal Fees); and(2) reporting completion of the required number of contact hours of approved continuing education.(b) Expired more than 90 days. If a person's license has been expired for more than 90 days but less than one year, the person may renew the license by:(1) paying to the board all unpaid renewal fees and a renewal fee that is equal to two times the renewal fee for the license as specified in §295.5 of this title; and(2) reporting completion of the required number of contact hours of approved continuing education.(c) Expired for one year or more. If a person's license to practice pharmacy in Texas has been expired for one year or more, the person may not renew the license and shall apply for a new license.(d) Reexamination. The board may issue a new license to a person if the person submits to reexamination and complies with the requirements and procedures for obtaining an original license as specified in §283.7 of this title (relating to Examination Requirements).(e) Alternatives to reexamination. In lieu of reexamination as specified in subsection (d) of this section, the board may issue a license to a person whose license has been expired for one year or more, if the person meets the requirements of subsection (f) or (g) of this section and has not had a license granted by any other state suspended, revoked, canceled, surrendered, or otherwise restricted for any reason.(f) Persons practicing pharmacy in another state. Beginning January 1, 2002, the board may issue a license to a person who was licensed as a pharmacist in Texas, moved to another state, is licensed in the other state, and has been engaged in the practice of pharmacy in the other state for the two years preceding the application if the person meets the following requirements:(1) makes application for licensure to the board on a form prescribed by the board;(2) submits to the board certification that the applicant:(A) is licensed as a pharmacist in another state and that such license is in good standing;(B) has been continuously employed as a pharmacist in that state for the two years preceding the application; and(C) has completed a minimum of 30 contact hours of approved continuing education during the preceding two license years;(3) passes the Texas Pharmacy Jurisprudence Examination with a grade of 75 (the passing grade may be used for the purpose of licensure for a period of two years from the date of passing the examination); and(4) pays to the board the examination fee set out in §283.9 of this title (relating to Fee Requirements for Licensure by Examination, Score Transfer and Reciprocity).(g) Persons not practicing pharmacy. Beginning January 1, 2002, the board may issue a license to a person who was licensed as a pharmacist in this state, but has not practiced pharmacy for the two years preceding application for licensure under the following conditions.(1) The person's Texas pharmacist license has been expired for less than 10 years, the person shall:(A) make application for licensure to the board on a form prescribed by the board;(B) pass the Texas Pharmacy Jurisprudence Examination with a grade of 75 (the passing grade may be used for the purpose of licensure for a period of two years from the date of passing the examination);(C) pay the examination fee set out in §283.9 of this title; and(D) complete approved continuing education and/or board-approved internship requirements according to the following schedule:(i) if the Texas pharmacist license has been expired for more than one year but less than two years, the applicant shall complete 15 contact hours of approved continuing education;(ii) if the Texas pharmacist license has been expired for more than two years but less than three years, the applicant shall complete 30 contact hours of approved continuing education;(iii) if the Texas pharmacist license has been expired for more than three years but less than four years, the applicant shall complete 45 contact hours of approved continuing education;(iv) if the Texas pharmacist license has been expired for more than four years but less than five years, the applicant shall complete 45 contact hours of approved continuing education and 500 hours of internship in a board-approved internship program;(v) if the Texas pharmacist license has been expired for more than five years but less than six years, the applicant shall complete 45 contact hours of approved continuing education and 700 hours of internship in a board-approved internship program;(vi) if the Texas pharmacist license has been expired for more than six years but less than seven years, the applicant shall complete 45 contact hours of approved continuing education and 900 hours of internship in a board-approved internship program;(vii) if the Texas pharmacist license has been expired for more than seven years but less than eight years, the applicant shall complete 45 contact hours of approved continuing education and 1,100 hours of internship in a board-approved internship program;(viii) if the Texas pharmacist license has been expired for more than eight years but less than nine years, the applicant shall complete 45 contact hours of approved continuing education and 1,300 hours of internship in a board-approved internship program; and(ix) if the Texas pharmacist license has been expired for more than nine years but less than 10 years, the applicant shall complete 45 contact hours of approved continuing education and 1,500 hours of internship in a board-approved internship program.(2) Any hours of approved continuing education earned within two years prior to the applicant successfully passing the Texas Pharmacy Jurisprudence Examination may be applied towards the continuing education requirement.(3) Any hours worked as a licensed pharmacist in another state during the two years prior to the applicant successfully passing the Texas Pharmacy Jurisprudence examination may be applied towards the internship requirement.(4) All requirements for licensure shall be completed within two years from the date the applicant successfully passes the Texas Pharmacy Jurisprudence Examination.(5) If the person's Texas pharmacist license has been expired for 10 years or more, the applicant shall apply for licensure by examination as specified in §283.7 of this title and §283.4 of this title (relating to Internship Requirements).", "sourceNote": "Source Note: The provisions of this §283.10 adopted to be effective February 17, 1988, 13 TexReg 610; amended to be effective March 19, 1990, 15 TexReg 1234; amended to be effective January 4, 1994, 18 TexReg 9853; amended to be effective October 18, 1996, 21 TexReg 9832; amended to be effective December 31, 2001, 26 TexReg 10869; amended to be effective March 6, 2006, 31 TexReg 1440; amended to be effective March 13, 2012, 37 TexReg 1705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202013", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.11", "label": "Examination Retake Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226921", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing by examination. Should an applicant fail to achieve the minimum grade on the NAPLEX or Texas Pharmacy Jurisprudence Examination or both, the following is applicable.(1) If the applicant fails to achieve the minimum grade on NAPLEX as specified in §283.7 of this title (relating to Examination Requirements), the applicant may retake NAPLEX four additional times for a total of five exam administrations. Prior to any subsequent retakes of NAPLEX, the applicant must:(A) complete course work in subject areas recommended by the board;(B) submit documentation to the board which specifies that the applicant has successfully completed the course work specified; and(C) comply with the requirements of §283.7 of this title (relating to Examination Requirements).(2) If the applicant fails to achieve the minimum grade on the Texas Pharmacy Jurisprudence Examination as specified in §283.7 of this title (relating to Examination Requirements), the applicant may retake the examination four additional times for a total of five exam administrations. Prior to any subsequent retake of the Texas Pharmacy Jurisprudence Examination, the applicant must:(A) complete course work recommended by the board;(B) submit documentation to the board which specifies that the applicant has successfully completed the recommended course work; and(C) comply with the requirements of §283.7 of this title (relating to Examination Requirements).(3) If the applicant fails to achieve the minimum grade on both NAPLEX and the Texas Pharmacy Jurisprudence Examination, the applicant shall retake the examinations until a passing grade is achieved on one of the examinations. Such retakes shall be as specified in paragraphs (1) and (2) of this subsection.(b) Licensing by reciprocity. If an applicant fails to achieve the minimum grade on the Texas Pharmacy Jurisprudence Examination as specified in §283.8 of this title (relating to Reciprocity Requirements), the applicant may retake the examination four additional times for a total of five exam administrations. Prior to any subsequent retake of the Texas Pharmacy Jurisprudence Examination, the applicant must:(1) complete course work recommended by the board;(2) submit documentation to the board which specifies that the applicant has successfully completed the recommended course work; and(3) comply with the requirements of §283.8 of this title (relating to Reciprocity Requirements).(c) Course work. For the purpose of this subsection, course work shall be one or more standard courses or self-paced work offered in a college of pharmacy's academic program.", "sourceNote": "Source Note: The provisions of this §283.11 adopted to be effective March 23, 1994, 19 TexReg 1828; amended to be effective December 31, 1996, 21 TexReg 12297; amended to be effective November 24, 2011, 36 TexReg 7866; amended to be effective March 13, 2012, 37 TexReg 1705; amended to be effective June 12, 2016, 41 TexReg 4256; amended to be effective September 10, 2019, 44 TexReg 4872; amended to be effective December 10, 2020, 45 TexReg 8851." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226921&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226921", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "283", "label": "LICENSING REQUIREMENTS FOR PHARMACISTS" }, "rule": { "number": "§283.12", "label": "Licenses for Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198490", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Active duty--Current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, or similar military service of another state.(2) Armed forces of the United States--The army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) Military service member--A person who is on active duty.(4) Military spouse--A person who is married to a military service member.(5) Military veteran--A person who has served on active duty and who was discharged or released from active duty.(b) Alternative licensing procedure. For the purpose of §55.004, Occupations Code, a military service member, military veteran, or military spouse may complete the following alternative procedures to apply for a pharmacist license if the applicant holds a current license issued by another state that is similar in scope of practice to the license in this state and is in good standing with that state's licensing authority or within the five years preceding the application date held a pharmacist license in this state.(1) Provisional license. On receipt by the board of an application for a pharmacist license in accordance with this subsection, the board shall issue a provisional license to the applicant while the board processes the application. A provisional license issued under this subsection expires on the earlier of:(A) the date the board approves or denies the provisional license holder's application for the license; or(B) the 180th date after the date the provisional license is issued.(2) Requirements for licensing by reciprocity. An applicant for licensing by reciprocity who meets all of the following requirements may be granted a temporary license as specified in this subsection prior to completing the NABP application for pharmacist license by reciprocity, and taking and passing the Texas Pharmacy Jurisprudence Examination. The applicant shall:(A) complete the Texas application for pharmacist license by reciprocity that includes the following:(i) name;(ii) addresses, phone numbers, date of birth, and social security number; and(iii) any other information requested on the application;(B) meet the educational and age requirements as set forth in §283.3 of this title (relating to Educational and Age Requirements);(C) present to the board proof of initial licensing by examination and proof that any current licenses and any other licenses granted to the applicant by any other state have not been suspended, revoked, canceled, surrendered, or otherwise restricted for any reason;(D) meet all requirements necessary for the board to access the criminal history records information, including submitting fingerprint information, and such criminal history check does not reveal any disposition for a crime specified in §281.64 of this title (relating to Sanctions for Criminal Offenses) indicating a sanction of denial, revocation, or suspension;(E) be exempt from the application and examination fees paid to the board set forth in §283.9(a)(2)(A) and (b) of this title (relating to Fee Requirements for Licensure by Examination, Score Transfer and Reciprocity); and(F) provide documentation of eligibility, including:(i) military identification indicating that the applicant is a military service member, military veteran, or military dependent, if a military spouse; and(ii) marriage certificate, if a military spouse.(3) Requirements for an applicant whose Texas pharmacist license has expired. An applicant whose Texas pharmacist license has expired within five years preceding the application date:(A) shall complete the Texas application for licensing that includes the following:(i) name;(ii) addresses, phone numbers, date of birth, and social security number; and(iii) any other information requested on the application;(B) shall provide documentation of eligibility, including: (i) military identification indicating that the applicant is a military service member, military veteran, or military dependent, if a military spouse; and(ii) marriage certificate, if a military spouse;(C) shall pay the renewal fee specified in §295.5 of this title (relating to Pharmacist License or Renewal Fees); however, the applicant shall be exempt from the fees specified in §295.7(3) of this title (relating to Pharmacist License Renewal);(D) shall complete approved continuing education requirements according to the following schedule:(i) if the Texas pharmacist license has been expired for more than one year but less than two years, the applicant shall complete 15 contact hours of approved continuing education;(ii) if the Texas pharmacist license has been expired for more than two years but less than three years, the applicant shall complete 30 contact hours of approved continuing education; or(iii) if the Texas pharmacist license has been expired for more than three years but less than five years, the applicant shall complete 45 contact hours of approved continuing education; and(E) is not required to take the Texas Pharmacy Jurisprudence Examination.(4) A temporary license issued under this subsection is valid for no more than six months and may be extended, if disciplinary action is pending, or upon request, as otherwise determined reasonably necessary by the executive director of the board.(5) A temporary license issued under this subsection expires within six months of issuance if the individual fails to pass the Texas Pharmacy Jurisprudence Examination within six months or fails to take the Texas Pharmacy Jurisprudence Examination within six months.(6) An individual may not serve as pharmacist-in-charge of a pharmacy with a temporary license issued under this subsection.(c) Expedited licensing procedure. For the purpose of §55.005, Occupations Code, a military service member, military veteran, or military spouse may complete the following expedited procedures to apply for a pharmacist license if the applicant holds a current license issued by another state that is similar in scope of practice to the license in this state and is in good standing with that state's licensing authority or within the five years preceding the application date held a pharmacist license in this state. The applicant shall:(1) meet the educational and age requirements specified in §283.3 of this title (relating to Educational and Age Requirements); (2) meet all requirements necessary in order for the board to access the criminal history record information, including submitting fingerprint information and being responsible for all associated costs;(3) complete the Texas and NABP applications for reciprocity. Any fraudulent statement made in the application for reciprocity is grounds for denial of the application. If such application is granted, any fraudulent statement is grounds for suspension, revocation, and/or cancellation of any license so granted by the board. The Texas application includes the following information:(A) name;(B) addresses, phone numbers, date of birth, and social security number; and(C) any other information requested on the application;(4) present to the board proof of initial licensing by examination and proof that their current license and any other license or licenses granted to the applicant by any other state have not been suspended, revoked, canceled, surrendered, or otherwise restricted for any reason;(5) pass the Texas Pharmacy Jurisprudence Examination with a minimum grade of 75. (The passing grade may be used for the purpose of licensure by reciprocity for a period of two years from the date of passing the examination.) Should the applicant fail to achieve a minimum grade of 75 on the Texas Pharmacy Jurisprudence Examination, such applicant, in order to be licensed, shall retake the Texas Pharmacy Jurisprudence Examination as specified in §283.11 of this title (relating to Examination Retake Requirements) until such time as a minimum grade of 75 is achieved; and(6) be exempt from the application and examination fees paid to the board set forth in §283.9(a)(2)(A) and (b).(d) License renewal. As specified in §55.003, Occupations Code, a military service member who holds a pharmacist license is entitled to two years of additional time to complete any requirements related to the renewal of the military service member's license.(1) A military service member who fails to renew their pharmacist license in a timely manner because the individual was serving as a military service member shall submit to the board:(A) name, address, and license number of the pharmacist;(B) military identification indicating that the individual is a military service member; and(C) a statement requesting up to two years of additional time to complete the renewal.(2) A military service member specified in paragraph (1) of this subsection shall be exempt from fees specified in §295.7(3) of this title (relating to Pharmacist License Renewal).(3) A military service member specified in paragraph (1) of this subsection is entitled to two additional years of time to complete the continuing education requirements specified in §295.8 of this title (relating to Continuing Education Requirements).(e) Inactive status. The holder of a pharmacist license who is a military service member, a military veteran, or a military spouse who holds a pharmacist license and who is not engaged in the practice of pharmacy in this state may place the license on inactive status as specified in §295.9 of this title (relating to Inactive License). The inactive license holder:(1) shall provide documentation to include:(A) military identification indicating that the pharmacist is a military service member, military veteran, or military dependent, if a military spouse; and(B) marriage certificate, if a military spouse;(2) shall be exempt from the fees specified in §295.9(a)(1)(C) and §295.9(a)(2)(C) of this title;(3) shall not practice pharmacy in this state; and(4) may reactivate the license as specified in §295.9 of this title (relating to Inactive License).(f) Interim license for military service member or military spouse. In accordance with §55.0041, Occupations Code, a military service member or military spouse may be issued an interim pharmacist license if the member or spouse currently holds a license similar in scope of practice issued by the licensing authority of another state and is in good standing with that licensing authority as specified in §55.0042, Occupations Code.(1) Before engaging in the practice of pharmacy, the military service member or military spouse shall submit an application that includes:(A) a copy of the member's military orders showing relocation to this state;(B) if the applicant is a military spouse, a copy of the military spouse's marriage certificate; and(C) a notarized affidavit affirming under penalty of perjury that:(i) the applicant is the person described and identified in the application;(ii) all statements in the application are true, correct, and complete;(iii) the applicant understands the scope of practice for a pharmacist license in this state and will not perform outside of that scope of practice; and(iv) the applicant is in good standing in each state in which the applicant holds or has held a pharmacist license.(2) A military service member or military spouse applying for an interim license under this subsection may not practice pharmacy in this state until issued an interim pharmacist license.(3) For a military service member or military spouse applying for an interim license under this subsection, the board shall:(A) determine whether the state in which the applicant is licensed issues licenses similar in scope of practice to a pharmacist license issued by the board; and(B) notify the applicant that:(i) the board is issuing the interim license;(ii) the application is incomplete; or(iii) the board is unable to issue the interim license because a pharmacist license issued by the board is not similar in scope of practice to the applicant's license.(4) A military service member or military spouse may engage in the practice of pharmacy under an interim license issued under this subsection only for the period during which the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in this state.(5) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in the practice of pharmacy under an interim license issued under this subsection until the third anniversary of the date the spouse submitted the application required under paragraph (1) of this subsection.(6) While engaged in the practice of pharmacy in this state, the military service member or military spouse shall comply with all other laws and regulations applicable to the practice of pharmacy in this state.(g) Relationship to federal law. This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.", "sourceNote": "Source Note: The provisions of this §283.12 adopted to be\r\neffective March 13, 2012, 37 TexReg 1705; amended to be effective\r\nDecember 10, 2013, 38 TexReg 8834; amended to be effective December\r\n6, 2015, 40 TexReg 8763; amended to be effective September 11, 2016,\r\n41 TexReg 6696; amended to be effective March 12, 2019, 44 TexReg\r\n1317; amended to be effective December 9, 2019, 44 TexReg 7545; amended\r\nto be effective December 7, 2021, 46 TexReg 8253; amended to be effective\r\nDecember 4, 2023, 48 TexReg 7047; amended to be effective March 7,\r\n2024, 49 TexReg 1465; amended to be effective November 30, 2025, 50\r\nTexReg 7725." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198490", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.1", "label": "Pharmacy License Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131814", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify for a pharmacy license, the applicant must submit an application which includes any information requested on the application and, as required by §560.052(b) of the Act, a sworn disclosure statement as specified in §291.4 of this title (relating to Sworn Disclosure Statement).(b) The applicant may be required to meet all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and being responsible for all associated costs. The criminal history information may be required for each individual owner, or if the pharmacy is owned by a partnership or a closely held corporation for each managing officer.(c) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance of a pharmacy license.(d) For the purposes of this section, managing officers are defined as the top four executive officers, including the corporate officer in charge of pharmacy operations, who are designated by the partnership or corporation to be jointly responsible for the legal operation of the pharmacy.(e) Prior to the issuance of a license for a pharmacy located in Texas, the board shall conduct an on-site inspection of the pharmacy in the presence of the pharmacist-in-charge and owner or representative of the owner, to ensure that the pharmacist-in-charge and owner can meet the requirements of the Texas Pharmacy Act and Board Rules.(f) If the applicant holds an active pharmacy license in Texas on the date of application for a new pharmacy license or for other good cause shown as specified by the board, the board may waive the pre-inspection as set forth in subsection (e) of this section.", "sourceNote": "Source Note: The provisions of this §291.1 adopted to be effective June 17, 1986, 11 TexReg 2552; amended to be effective July 29, 1987, 12 TexReg 2337; amended to be effective March 1, 2003, 27 TexReg 11535; amended to be effective December 23, 2003, 28 TexReg 11258; amended to be effective December 3, 2006, 31 TexReg 9609; amended to be effective June 7, 2009, 34 TexReg 3390; amended to be effective September 12, 2011, 36 TexReg 5846; amended to be effective March 15, 2015, 40 TexReg 1086; amended to be effective September 11, 2016, 41 TexReg 6697; amended to be effective September 16, 2018, 43 TexReg 5778; amended to be effective March 5, 2020, 45 TexReg 1423." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131814", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215691", "queryAsDate": "03/11/2026" }, "ruleBody": "Any term not defined in this chapter shall have the definition set out in the Act, §551.003.", "sourceNote": "Source Note: The provisions of this §291.2 adopted to be effective September 18, 2007, 32 TexReg 6318." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215691", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.3", "label": "Required Notifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198492", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Change of Location.(1) When a pharmacy changes location, the following is applicable:(A) A new completed pharmacy application containing the information outlined in §291.1 of this title (relating to Pharmacy License Application) must be filed with the board not later than 30 days before the date of the change of location of the pharmacy;(B) An amended license reflecting the new location of the pharmacy will be issued by the board; and(C) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for processing the application for change of location.(2) At least 14 days prior to the change of location of a pharmacy that dispenses prescription drug orders, the pharmacist-in-charge shall post a sign in a conspicuous place indicating that the pharmacy is changing locations. Such sign shall be in the front of the prescription department and at all public entrance doors to the pharmacy and shall indicate the date the pharmacy is changing locations.(3) Disasters, accidents, and emergencies which require the pharmacy to change location shall be immediately reported to the board. If a pharmacy changes location suddenly due to disasters, accidents, or other emergency circumstances and the pharmacist-in-charge cannot provide notification 14 days prior to the change of location, the pharmacist-in-charge shall comply with the provisions of paragraph (2) of this subsection as far in advance of the change of location as allowed by the circumstances.(4) When a Class A-S, C-S, or E-S pharmacy changes location, the pharmacy's classification will revert to a Class A, Class C, or Class E unless or until the board or its designee has inspected the new location to ensure the pharmacy meets the requirements as specified in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations).(5) When a Class B pharmacy changes location, the board shall inspect the pharmacy at the new location to ensure the pharmacy meets the requirements as specified in subchapter C of this title (relating to Nuclear Pharmacy (Class B)) prior to the pharmacy becoming operational.(b) Change of Name. When a pharmacy changes its name, the following is applicable:(1) A new completed pharmacy application containing the information outlined in §291.1 of this title (relating to Pharmacy License Application) must be filed with the board within 10 days of the change of name of the pharmacy;(2) An amended license reflecting the new name of the pharmacy will be issued by the board; and(3) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for processing the application for change of name.(c) Change of Managing Officers.(1) The owner of a pharmacy shall notify the board in writing within 10 days of a change of any managing officer of a partnership or corporation which owns a pharmacy. The written notification shall include the effective date of such change, an updated sworn disclosure statement as required by §560.052(b) of the Act and as specified in §291.4 of this title (relating to Sworn Disclosure Statement), and the following information for all managing officers:(A) name and title;(B) home address and telephone number;(C) date of birth;(D) a copy of social security card or other official document showing the social security number as approved by the board; and(E) a copy of current driver's license, state issued photo identification card, or passport.(2) For purposes of this subsection, managing officers are defined as the top four executive officers, including the corporate officer in charge of pharmacy operations, who are designated by the partnership or corporation to be jointly responsible for the legal operation of the pharmacy.(d) Change of Ownership.(1) When a pharmacy changes ownership, a new pharmacy application must be filed with the board following the procedures as specified in §291.1 of this title (relating to Pharmacy License Application), including, as required by §560.052(b) of the Act, the submission of a sworn disclosure statement as specified in §291.4 of this title (relating to Sworn Disclosure Statement). In addition, a copy of the purchase contract or mutual agreement between the buyer and seller must be submitted.(2) A fee as specified in §291.6 of this title will be charged for issuance of a new license.(e) Change of Pharmacist Employment.(1) Change of pharmacist employed in a pharmacy. When a change in pharmacist employment occurs, the pharmacist shall report such change in writing to the board within 10 days.(2) Change of pharmacist-in-charge of a pharmacy. The incoming pharmacist-in-charge shall be responsible for notifying the board within 10 days in writing on a form provided by the board that a change of pharmacist-in-charge has occurred. The notification shall include the following:(A) the name and license number of the departing pharmacist-in-charge;(B) the name and license number of the incoming pharmacist-in-charge;(C) the date the incoming pharmacist-in-charge became the pharmacist-in-charge; and(D) a statement signed by the incoming pharmacist-in-charge attesting that:(i) an inventory, as specified in §291.17 of this title (relating to Inventory Requirements), has been conducted by the departing and incoming pharmacists-in-charge; if the inventory was not taken by both pharmacists, the statement shall provide an explanation; and(ii) the incoming pharmacist-in-charge has read and understands the laws and rules relating to this class of pharmacy.(f) Notification of Theft or Loss of a Controlled Substance or a Dangerous Drug.(1) Controlled substances. For the purposes of the Act, §562.106, the theft or significant loss of any controlled substance by a pharmacy shall be reported in writing to the board immediately on discovery of such theft or loss. A pharmacy shall be in compliance with this subsection by submitting to the board a copy of the Drug Enforcement Administration (DEA) report of theft or loss of controlled substances, DEA Form 106, or by submitting a list of all controlled substances stolen or lost.(2) Dangerous drugs. A pharmacy shall report in writing to the board immediately on discovery the theft or significant loss of any dangerous drug by submitting a list of the name and quantity of all dangerous drugs stolen or lost.(g) Fire or Other Disaster. If a pharmacy experiences a fire or other disaster, the following requirements are applicable.(1) Responsibilities of the pharmacist-in-charge.(A) The pharmacist-in-charge shall be responsible for reporting the date of the fire or other disaster which may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or the treatment of injury, illness, and disease; such notification shall be reported to the board, within 10 days from the date of the disaster.(B) The pharmacist-in-charge or designated agent shall comply with the following procedures.(i) If controlled substances, dangerous drugs, or Drug Enforcement Administration (DEA) order forms are lost or destroyed in the disaster, the pharmacy shall:(I) notify the DEA and the board of the loss of the controlled substances or order forms immediately upon discovery; and(II) notify the board in writing of the loss of the dangerous drugs by submitting a list of the dangerous drugs lost.(ii) If the extent of the loss of controlled substances or dangerous drugs is not able to be determined, the pharmacy shall:(I) take a new, complete inventory of all remaining drugs specified in §291.17(c) of this title (relating to Inventory Requirements);(II) submit to the DEA a statement attesting that the loss of controlled substances is indeterminable and that a new, complete inventory of all remaining controlled substances was conducted and state the date of such inventory; and(III) submit to the board a statement attesting that the loss of controlled substances and dangerous drugs is indeterminable and that a new, complete inventory of the drugs specified in §291.17(c) of this title was conducted and state the date of such inventory.(C) If the pharmacy changes to a new, permanent location, the pharmacist-in-charge shall comply with subsection (a) of this section.(D) If the pharmacy moves to a temporary location, the pharmacist shall comply with subsection (a) of this section. If the pharmacy returns to the original location, the pharmacist-in-charge shall again comply with subsection (a) of this section.(E) If the pharmacy closes due to fire or other disaster, the pharmacy may not be closed for longer than 90 days as specified in §291.11 of this title (relating to Operation of a Pharmacy).(F) If the pharmacy discontinues business (ceases to operate as a pharmacy), the pharmacist-in-charge shall comply with §291.5 of this title (relating to Closing a Pharmacy).(G) The pharmacist-in-charge shall maintain copies of all inventories, reports, or notifications required by this section for a period of two years.(2) Drug stock.(A) Any drug which has been exposed to excessive heat, smoke, or other conditions which may have caused deterioration shall not be dispensed.(B) Any potentially adulterated or damaged drug shall only be sold, transferred, or otherwise distributed pursuant to the provisions of the Texas Food Drug and Cosmetics Act (Chapter 431, Health and Safety Code) administered by the Bureau of Food and Drug Safety of the Texas Department of State Health Services.(h) Notification to Consumers.(1) Pharmacy.(A) Every licensed pharmacy shall provide notification to consumers of the name, mailing address, Internet site address, and telephone number of the board for the purpose of directing complaints concerning the practice of pharmacy to the board. Such notification shall be provided as follows.(i) If the pharmacy serves walk-in customers, the pharmacy shall either:(I) post in a prominent place that is in clear public view where prescription drugs are dispensed:(-a-) a sign which notifies the consumer that complaints concerning the practice of pharmacy may be filed with the board and list the board's name, mailing address, Internet site address, telephone number, and a toll-free telephone number for filing complaints; or(-b-) an electronic messaging system in a type size no smaller than ten-point Times Roman which notifies the consumer that complaints concerning the practice of pharmacy may be filed with the board and list the board's name, mailing address, Internet site address, telephone number, and a toll-free number for filing complaints; or(II) provide with each dispensed prescription a written notification in a type size no smaller than ten-point Times Roman which states the following: \"Complaints concerning the practice of pharmacy may be filed with the Texas State Board of Pharmacy at: (list the mailing address, Internet site address, telephone number of the board, and a toll-free telephone number for filing complaints).\"(ii) If the prescription drug order is delivered to patients at their residence or other designated location, the pharmacy shall provide with each dispensed prescription a written notification in type size no smaller than ten-point Times Roman which states the following: \"Complaints concerning the practice of pharmacy may be filed with the Texas State Board of Pharmacy at: (list the mailing address, Internet site address, telephone number, and a toll-free telephone number for filing complaints).\" If multiple prescriptions are delivered to the same location, only one such notice shall be required.(iii) The provisions of this subsection do not apply to prescriptions for patients in facilities where drugs are administered to patients by a person required to do so by the laws of the state (i.e., nursing homes).(B) A pharmacy that maintains a generally accessible site on the Internet that is located in Texas or sells or distributes drugs through this site to residents of this state shall post the following information on the pharmacy's initial home page and on the page where a sale of prescription drugs occurs.(i) Information on the ownership of the pharmacy, to include at a minimum, the:(I) owner's name or if the owner is a partnership or corporation, the partnership's or corporation's name and the name of the chief operating officer;(II) owner's address;(III) owner's telephone number; and(IV) year the owner began operating pharmacies in the United States.(ii) The Internet address and toll free telephone number that a consumer may use to:(I) report medication/device problems to the pharmacy; and(II) report business compliance problems.(iii) Information about each pharmacy that dispenses prescriptions for this site, to include at a minimum, the:(I) pharmacy's name, address, and telephone number;(II) name of the pharmacist responsible for operation of the pharmacy;(III) Texas pharmacy license number for the pharmacy and a link to the Internet site maintained by the Texas State Board of Pharmacy; and(IV) the names of all other states in which the pharmacy is licensed, the license number in that state, and a link to the Internet site of the entity that regulates pharmacies in that state, if available.(C) A pharmacy whose Internet site has been verified by the National Association of Boards of Pharmacy to be in compliance with the laws of this state, as well as in all other states in which the pharmacy is licensed shall be in compliance with subparagraph (B) of this paragraph.(2) Texas State Board of Pharmacy. On or before January 1, 2005, the board shall establish a pharmacy profile system as specified in §2054.2606, Government Code.(A) The board shall make the pharmacy profiles available to the public on the agency's Internet site.(B) A pharmacy profile shall contain at least the following information:(i) name, address, and telephone number of the pharmacy;(ii) pharmacy license number, licensure status, and expiration date of the license;(iii) the class and type of the pharmacy;(iv) ownership information for the pharmacy;(v) names and license numbers of all pharmacists working at the pharmacy;(vi) whether the pharmacy has had prior disciplinary action by the board;(vii) whether the pharmacy's consumer service areas are accessible to disabled persons, as defined by law;(viii) the type of language translating services, including translating services for persons with impairment of hearing, that the pharmacy provides for consumers; and(ix) insurance information including whether the pharmacy participates in the state Medicaid program.(C) The board shall gather this information on initial licensing and update the information in conjunction with the license renewal for the pharmacy.(i) Notification of Licensees or Registrants Obtaining Controlled Substances or Dangerous Drugs by Forged Prescriptions. If a licensee or registrant obtains controlled substances or dangerous drugs from a pharmacy by means of a forged prescription, the pharmacy shall report in writing to the board immediately on discovery of such forgery. A pharmacy shall be in compliance with this subsection by submitting to the board the following:(1) name of licensee or registrant obtaining controlled substances or dangerous drugs by forged prescription;(2) date(s) of forged prescription(s);(3) name(s) and amount(s) of drug(s); and(4) copies of forged prescriptions.(j) Notification of Disciplinary Action. For the purpose of the Act, §562.106, a pharmacy shall report in writing to the board not later than the 10th day after the date of:(1) a final order against the pharmacy license holder by the regulatory or licensing agency of the state in which the pharmacy is located if the pharmacy is located in another state; or(2) a final order against a pharmacist who is designated as the pharmacist-in-charge of the pharmacy by the regulatory or licensing agency of the state in which the pharmacy is located if the pharmacy is located in another state.(k) Temporary Closing for Loss of Pharmacist-in-Charge. A pharmacy that temporarily closes for loss of a pharmacist-in-charge as provided by §291.5(d)(2) of this title shall notify the board in writing on a form provided by the board. The pharmacy shall submit the notification not later than the next business day after the date of departure of the pharmacist-in-charge.", "sourceNote": "Source Note: The provisions of this §291.3 adopted to be effective September 18, 2007, 32 TexReg 6318; amended to be effective June 7, 2009, 34 TexReg 3390; amended to be effective March 10, 2011, 36 TexReg 1511; amended to be effective June 7, 2012, 37 TexReg 4046; amended to be effective March 15, 2015, 40 TexReg 1086; amended to be effective December 6, 2015, 40 TexReg 8765; amended to be effective June 11, 2017, 42 TexReg 2931; amended to be effective January 4, 2018, 42 TexReg 7691; amended to be effective September 16, 2018, 43 TexReg 5779; amended to be effective March 5, 2020, 45 TexReg 1423; amended to b e effective December 4, 2023, 48 TexReg 7047." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198492", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.4", "label": "Sworn Disclosure Statement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215692&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215692", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, shall have the following meanings:(1) Publicly traded company--a company with a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 78l) or that is required to file reports under section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. § 78o(d)).(2) Retail grocery store chain--ten or more stores under the same ownership which primarily sell produce, food, and beverage products that are intended for off premises consumption.(b) To qualify for a pharmacy license, a sworn disclosure statement form must be submitted to the board, unless:(1) the pharmacy for which the application is made is operated by a publicly traded company;(2) the pharmacy for which the application is made is wholly owned by a retail grocery store chain; or(3) the applicant is applying for a Class B or Class C pharmacy license.(c) The sworn disclosure statement form must be notarized and must include any information requested on the form, including:(1) the name of the pharmacy;(2) the name of each person who has a direct financial investment in the pharmacy;(3) the name of each person who:(A) is not an individual;(B) has any financial investment in the pharmacy; and(C) is not otherwise disclosed under paragraph (2) of this subsection;(4) the total amount or percentage of the financial investment made by each person described by paragraph (2) of this subsection; and(5) the name of each of the following persons, if applicable, connected to the pharmacy if the person is not otherwise disclosed under paragraph (2) or (3) of this subsection:(A) a partner;(B) an officer;(C) a director;(D) a managing employee;(E) an owner or person who controls the owner; and(F) a person who acts as a controlling person of the pharmacy through the exercise of direct or indirect influence or control over the management of the pharmacy, the expenditure of money by the pharmacy, or a policy of the pharmacy, including:(i) a management company, landlord, marketing company, or similar person who operates or contracts for the operation of a pharmacy and, if the pharmacy is a publicly traded corporation or is controlled by a publicly traded corporation, an officer or director of the corporation but not a shareholder or lender of the corporation;(ii) an individual who has a personal, familial, or other relationship with an owner, manager, landlord, tenant, or provider of a pharmacy that allows the individual to exercise actual control of the pharmacy; and(iii) any other person the board by rule requires to be included based on the person's exercise of direct or indirect influence or control.", "sourceNote": "Source Note: The provisions of this §291.4 adopted to be effective March 5, 2020, 45 TexReg 1423." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215692&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215692", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.5", "label": "Closing a Pharmacy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225950", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to closing. At least 14 days prior to the closing of a pharmacy that dispenses prescription drug orders the pharmacist-in-charge shall:(1) post a closing notice sign in a conspicuous place in the front of the prescription department and at all public entrance doors to the pharmacy. Such closing notice sign shall contain the following information:(A) the date of closing; and(B) the name, address, and telephone number of the pharmacy acquiring the prescription drug orders, including refill information and patient medication records of the pharmacy.(2) notify DEA of any controlled substances being transferred to another registrant as specified in 21 CFR 1301.52(d).(b) Closing day. On the date of closing, the pharmacist-in-charge shall comply with the following:(1) take an inventory as specified in §291.17 of this title (relating to Inventory Requirements);(2) remove all prescription drugs from the pharmacy by one or a combination of the following methods:(A) return prescription drugs to manufacturer or supplier (for credit/disposal);(B) transfer (sell or give away) prescription drugs to a person who is legally entitled to possess drugs, such as a hospital, or another pharmacy; and(C) destroy the prescription drugs following procedures specified in §303.2 of this title (relating to Disposal of Stock Prescription Drugs); and(3) if the pharmacy dispenses prescription drug orders:(A) transfer the prescription drug order files, including refill information, and patient medication records to a licensed pharmacy; and(B) remove all signs or notify the landlord or owner of the property that it is unlawful to use the word \"pharmacy\" either in English or any other language, or any other word or combination of words of the same or similar meaning, or any graphic representation that would mislead or tend to mislead the public that a pharmacy is located at the address.(c) After closing.(1) Within ten days after the closing of the pharmacy, the pharmacist-in-charge shall forward to the board a written notice of the closing which includes the following information:(A) the actual date of closing;(B) the license issued to the pharmacy;(C) a statement attesting:(i) that an inventory as specified in §291.17 of this title; and(ii) the manner by which the dangerous drugs and controlled substances possessed by the pharmacy were transferred or disposed; and(D) if the pharmacy dispenses prescription drug orders, the name and address of the pharmacy to which the prescription drug orders, including refill information, and patient medication records were transferred.(2) If the pharmacy is registered to possess controlled substances, send notification to the appropriate DEA divisional office explaining that the pharmacy has closed and include the following items:(A) DEA registration certificate; and(B) all unused DEA order forms (222) with the word VOID written on the face of each order form.(3) Once the pharmacy has notified the board that the pharmacy is closed, the license may not be renewed. The pharmacy may apply for a new license as specified in §291.1 of this title (relating to Pharmacy License Application).(d) Emergency or temporary closing.(1) If pharmacy is closed suddenly due to fire, destruction, natural disaster, death, property seizure, eviction, bankruptcy, or other emergency circumstances and the pharmacist-in-charge cannot provide notification 14 days prior to the closing, the pharmacist-in-charge shall comply with the provisions of subsection (a) of this section as far in advance of the closing as allowed by the circumstances.(2) A pharmacy may temporarily close for lack of a pharmacist-in-charge for no more than 30 days. If a pharmacy temporarily closes for lack of a pharmacist-in-charge, the pharmacy shall:(A) only allow access to the prescription department if a pharmacist is present;(B) send notification to the board as specified in §291.3(k) of this title (relating to Required Notifications); and(C) either:(i) reopen within 48 hours under the supervision of a new pharmacist-in-charge who has been reported to the board as specified in §291.3(e)(2) of this title; or(ii) comply with the provisions of subsection (a) of this section as far in advance of the closing as allowed by the circumstances.(e) Joint responsibility. If the pharmacist-in-charge is not available to comply with the requirements of this section, the owner shall be responsible for compliance with the provisions of this section.", "sourceNote": "Source Note: The provisions of this §291.5 adopted to be effective June 17, 1986, 11 TexReg 2553; amended to be effective July 29, 1987, 12 TexReg 2337; amended to be effective September 30, 1993, 18 TexReg 6459; amended to be effective June 20, 1995, 20 TexReg 4121; amended to be effective March 25, 2007, 32 TexReg 1510; amended to be effective June 12, 2016, 41 TexReg 4257; amended to be effective January 4, 2018, 42 TexReg 7691; amended to be effective December 4, 2023, 48 TexReg 7048." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225950", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.6", "label": "Pharmacy License Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145699", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial License Fee. The fee for an initial license shall be $610 for the initial registration period.(b) Biennial License Renewal. The Texas State Board of Pharmacy shall require biennial renewal of all pharmacy licenses provided under the Act §561.002.(c) Renewal Fee. The fee for biennial renewal of a pharmacy license shall be $607 for the renewal period.(d) Fee for Change of Location/Name/Rank. The application fee for a change of name, location, or rank shall be $100.(e) Remote Pharmacy Services Fee. The application fee for an initial or renewed certificate to provide remote pharmacy services under §291.121 of this title (relating to Remote Pharmacy Services) shall be:(1) for a certificate to provide remote pharmacy services using automated pharmacy systems under §291.121(a) of this title: $100;(2) for a certificate to provide remote pharmacy services using emergency medication kits under §291.121(b) of this title: $50;(3) for a certificate to provide remote pharmacy services using telepharmacy systems under §291.121(c) of this title: $150; and(4) for a certificate to provide remote pharmacy services using automated dispensing and delivery systems under §291.121(d) of this title: $100.", "sourceNote": "Source Note: The provisions of this §291.6 adopted\r\nto be effective December 23, 2003, 28 TexReg 11260; amended to be\r\neffective September 1, 2004, 29 TexReg 5348; amended to be effective\r\nMarch 6, 2006, 31 TexReg 1440; amended to be effective November 1,\r\n2006, 31 TexReg 6732; amended to be effective October 1, 2007, 32\r\nTexReg 6318; amended to be effective October 1, 2009, 34 TexReg 6111\r\namended to be effective September 14, 2010, 35 TexReg 8357; amended\r\nto be effective December 1, 2011, 36 TexReg 5846; amended to be effective\r\nOctober 1, 2012, 37 TexReg 6917; amended to be effective January 1,\r\n2014, 38 TexReg 8834; amended to be effective September 11, 2014,\r\n39 TexReg 7093; amended to be effective October 1, 2015, 40 TexReg\r\n6110; amended to be effective January 4, 2018, 42 TexReg 7691; amended\r\nto be effective October 1, 2019, 44 TexReg 4872; amended to be effective\r\nOctober 1, 2021, 46 TexReg 5550; amended to be effective January 1,\r\n2024, 48 TexReg 7048; amended to be effective September 1, 2025, 50\r\nTexReg 5702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145699&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145699", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.7", "label": "Prescription Drug Recalls by the Manufacturer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215694", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The pharmacist-in-charge shall develop and implement a written procedure for proper management of drug recalls by the manufacturer. Such procedures shall include, where appropriate, contacting patients to whom the recalled drug products have been dispensed.(b) The written procedure shall include, but not be limited to, the following:(1) the pharmacist-in-charge shall reasonably ensure that a recalled drug has been removed from inventory no more than 24 hours after receipt of the recall notice, and quarantined until proper disposal or destruction of the drug; and(2) if the drug that is the subject to a recall is maintained by the pharmacy in a container without a lot number, the pharmacist-in-charge shall consider this drug included in the recall.", "sourceNote": "Source Note: The provisions of this §291.7 adopted to be effective May 30, 2010, 35 TexReg 4164." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215694", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.8", "label": "Return of Prescription Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225951", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General prohibition on return of prescription drugs. A pharmacist may not accept an unused prescription or drug, in whole or in part, for the purpose of resale or re-dispensing to any person, after the prescription or drug has been originally dispensed or sold, except as provided in subsection (b) of this section or Subchapter M, Chapter 431, Health and Safety Code, or Chapter 442, Health and Safety Code.(b) Return of prescription drugs from health care facilities.(1) Purpose. The purpose of this subsection is to outline procedures for the return of unused drugs from a health care facility or a penal institution to a dispensing pharmacy as specified in the §562.1085 of the Occupations Code. Nothing in this section shall require a consultant pharmacist, health care facility, penal institution, or pharmacy to participate in the return of unused drugs.(2) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(A) Consultant pharmacist--A pharmacist who practices in or serves as a consultant for a health care facility in this state.(B) Health care facility--A facility regulated under Chapter 242, Health and Safety Code.(C) Licensed health care professional--A person licensed by the Texas Medical Board, Texas Board of Nursing, or the Texas State Board of Pharmacy.(D) Penal institution--A place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. A penal institution includes a city, county, or state jail or prison.(3) Responsibilities. A licensed health care professional in a penal institution or a consultant pharmacist may return to a pharmacy certain unused drugs, other than a controlled substance as defined by Chapter 481, Health and Safety Code, purchased from the pharmacy.(A) The unused drugs must:(i) be approved by the federal Food and Drug Administration and be:(I) sealed in unopened tamper-evident packaging and either individually packaged or packaged in unit-dose packaging;(II) oral or parenteral medication in sealed single-dose containers approved by the federal Food and Drug Administration;(III) topical or inhalant drugs in sealed unit-of-use containers approved by the federal Food and Drug Administration; or(IV) parenteral medications in sealed multiple-dose containers approved by the federal Food and Drug Administration from which doses have not been withdrawn.(ii) not be the subject of a mandatory recall by a state or federal agency or a voluntary recall by a drug seller or manufacturer; and(iii) have not been in the physical possession of the person for whom it was prescribed.(B) A healthcare facility or penal institution may not return any drug product that:(i) has been compounded;(ii) appears on inspection to be adulterated;(iii) requires refrigeration; or(iv) has less than 120 days until the expiration date or end of the shelf life.(C) The consultant pharmacist or licensed health care professional in a penal institution shall be responsible for assuring an inventory of the drugs to be returned to a pharmacy is completed. The following information shall be included on this inventory:(i) name and address of the facility or institution;(ii) name and pharmacist license number of the consultant pharmacist or name and license number of the licensed health care professional;(iii) date of return;(iv) date the prescription was dispensed;(v) unique identification number assigned to the prescription by the pharmacy;(vi) name of dispensing pharmacy;(vii) name, strength, and quantity of drug;(viii) signature of consultant pharmacist or licensed healthcare professional responsible for the administration of drugs in a penal institution.(D) The health care facility/penal institution shall send a copy of the inventory specified in subparagraph (C) of this paragraph to:(i) the pharmacy with the drugs returned; and(ii) the Health and Human Services Commission.(4) Dispensing/Receiving pharmacy responsibilities. If a pharmacy accepts the return of unused drugs from a health care facility/penal institution, the following is applicable.(A) A pharmacist employed by the pharmacy shall examine the drugs to ensure the integrity of the drug product.(B) The pharmacy shall reimburse or credit the entity that paid for the drug including the state Medicaid program for an unused drug returned to the pharmacy. The pharmacy shall maintain a record of the credit or reimbursement containing the following information:(i) name and address of the facility or institution which returned the drugs;(ii) date and amount of the credit or reimbursement was issued;(iii) name of the person or entity to whom the credit or reimbursement was issued;(iv) date the prescription was dispensed;(v) unique identification number assigned to the prescription by the pharmacy;(vi) name, strength, and quantity of drug;(vii) signature of the pharmacist responsible for issuing the credit.(C) After the pharmacy has issued credit or reimbursement, the pharmacy may restock and re-dispense the unused drugs returned under this section.(5) Limitation on Liability.(A) A pharmacy that returns unused drugs and a manufacturer that accepts the unused drugs under §562.1085, Occupations Code, and the employees of the pharmacy or manufacturer are not liable for harm caused by the accepting, dispensing, or administering of drugs returned in strict compliance with §562.1085, Occupations Code, unless the harm is caused by:(i) wilful or wanton acts of negligence;(ii) conscious indifference or reckless disregard for the safety of others; or(iii) intentional conduct.(B) This section does not limit, or in any way affect or diminish, the liability of a drug seller or manufacturer under Chapter 82, Civil Practice and Remedies Code.(C) This section does not apply if harm results from the failure to fully and completely comply with the requirements of §562.1085, Occupations Code.(D) This section does not apply to a pharmacy or manufacturer that fails to comply with the insurance provisions of Chapter 84, Civil Practice and Remedies Code.", "sourceNote": "Source Note: The provisions of this §291.8 adopted to be effective December 23, 2003, 28 TexReg 11261; amended to be effective September 18, 2007, 32 TexReg 6318; amended to be effective December 6, 2009, 34 TexReg 8690; amended to be effective December 6, 2022, 47 TexReg 8041; amended to be effective December 4, 2023, 48 TexReg 7048." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225951&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225951", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.9", "label": "Prescription Pick Up Locations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131817", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No person, firm, or business establishment may have, participate in, or permit an arrangement, branch, connection or affiliation whereby prescriptions are solicited, collected, picked up, or advertised to be picked up, from or at any location other than a pharmacy which is licensed and in good standing with the board.(b) A pharmacist or pharmacy by means of its employee or by use of a common or contract carrier, at the request of the patient, may:(1) pick up prescription orders at the:(A) office or home of the prescriber;(B) residence or place of employment of the person for whom the prescription was issued; or(C) hospital or medical care facility in which the patient is receiving treatment; and(2) deliver prescription drugs to the:(A) office of the prescriber if the prescription is:(i) for a dangerous drug; or(ii) for a single dose of a controlled substance that is for administration to the patient in the prescriber's office;(B) residence of the person for whom the prescription was issued;(C) place of employment of the person for whom the prescription was issued, if the person is present to accept delivery; or(D) hospital or medical care facility in which the patient is receiving treatment.(c) A pharmacist or pharmacy by use of unmanned aircraft systems (i.e., \"drones\"), at the request of a patient or patient's agent, may deliver prescription drugs, excluding controlled substances or sterile compounded preparations, to a selected delivery location mutually agreed upon by the patient and the pharmacist using the pharmacist's professional judgment.", "sourceNote": "Source Note: The provisions of this §291.9 adopted to be\r\neffective November 5, 1982, 7 TexReg 2916; amended to be effective\r\nSeptember 14, 2010, 35 TexReg 8357; amended to be effective June 7,\r\n2012, 37 TexReg 4046; amended to be effective June 7, 2018, 43 TexReg\r\n3587; amended to be effective September 9, 2020, 45 TexReg 6236; amended\r\nto be effective December 30, 2024, 49 TexReg 10647; amended to be\r\neffective September 1, 2025, 50 TexReg 5702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131817&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131817", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.10", "label": "Pharmacy Balance Registration/Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205658", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Pharmacy balance--An instrument for weighing including balances and scales.(b) Registration.(1) A pharmacy shall annually or biennially register each pharmacy balance. The fee for the annual registration shall be $12.50 per pharmacy balance. The fee for the biennial registration shall be $25.00 per pharmacy balance.(2) The expiration date for pharmacy balance registrations shall coincide with the pharmacy license expiration date.(c) Inspection.(1) The Board shall periodically inspect pharmacy balances to verify accuracy.(2) If a pharmacy balance fails the accuracy inspection, the following is applicable.(A) The pharmacy balance may not be used until it is repaired by an authorized repair person.(B) A tag indicating that the pharmacy balance failed the inspection and may not be used shall be placed on the pharmacy balance.", "sourceNote": "Source Note: The provisions of this §291.10 adopted to be effective January 23, 1996, 21 TexReg 261; amended to be effective July 16, 1999, 24 TexReg 5196; amended to be effective January 3, 2000, 24 TexReg 12066; amended to be effective September 18, 2007, 32 TexReg 6318." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205658", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.11", "label": "Operation of a Pharmacy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225952", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of §565.002(a)(7) of the Texas Pharmacy Act, the following words and terms shall be defined as follows.(1) \"Failure to engage in the business described in the application for a license\" means the holder of a pharmacy license has not commenced operating the pharmacy within six months of the date of issuance of the license.(2) \"Ceased to engage in the business described in the application for a license\" means the holder of a pharmacy license, once it has been in operation, discontinues operating the pharmacy for a period of 30 days or longer unless the pharmacy experiences a fire or disaster, in which case the pharmacy must comply with §291.3(g) of this title (relating to Required Notifications).(b) For the purposes of this section, the term \"operating the pharmacy\" means the pharmacy shall demonstrate observable pharmacy business activity on a regular, routine basis, including a sufficient number of transactions of receiving, processing, or dispensing prescription drug orders or medication drug orders.(c) No person may operate a pharmacy in a personal residence.", "sourceNote": "Source Note: The provisions of this §291.11 adopted to be effective June 13, 2002, 27 TexReg 4947; amended to be effective March 10, 2011, 36 TexReg 1511; amended to be effective June 9, 2021, 46 TexReg 3520." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225952", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.12", "label": "Delivery of Prescription Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198493", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicability. This section applies to the delivery of prescription drugs by a pharmacy licensed by the board as a Class A, Class A-S, Class E, or Class E-S pharmacy.(b) Definitions.(1) Common carrier--A person or entity who holds out to the general public a willingness to provide transportation of property from place to place for compensation in the normal course of business.(2) Contract carrier--A person or entity who provides to industrial customers, pursuant to the terms of a bilateral agreement, the transportation of property for compensation in the normal course of business.(c) Delivery by common or contract carrier. A pharmacy may deliver prescription drugs by use of a common or contract carrier as provided in §291.9 of this title (relating to Prescription Pick Up Locations) on request of the patient or patient's agent. A pharmacy that delivers prescription drugs by use of a common or contract carrier providing a same-day courier service is not subject to subsection (c) of this section and shall comply with subsection (d) of this section.(1) Standards. The pharmacy shall ensure that all prescription drugs are delivered to the patient or patient's agent in accordance with nationally recognized standards, such as those of the manufacturer or the United States Pharmacopeia. The pharmacy is responsible for any problems in the delivery of a prescription drug by a contract carrier.(2) Packaging. The pharmacy shall ensure that prescription drugs are packaged in commercially available tamper evident packaging.(3) Temperature. The pharmacy shall ensure that any prescription drug delivered by a common or contract carrier is packaged in a manner that maintains a temperature range appropriate for the drug. This may include, without limitation, use of temperature tags, time temperature strips, insulated packaging, gel ice packs, or a combination of these as necessary.(4) Irregularity in delivery. The pharmacy shall provide a method by which a patient or patient's agent can notify the pharmacy as to any irregularity in the delivery of the patient's prescription, to include but not be limited to:(A) timeliness of delivery;(B) condition of the prescription drug upon delivery; and(C) failure to receive the proper prescription drug.(5) Refusal to deliver. The pharmacy shall refuse to deliver by common or contract carrier a prescription drug which in the professional opinion of the dispensing pharmacist may be clinically compromised by delivery by common or contract carrier.(d) Delivery by pharmacy employee or common or contract carrier providing a same-day courier service. A pharmacy may deliver prescription drugs by means of its employee or a common or contract carrier providing a same-day courier service as provided in §291.9 of this title on request of the patient or patient's agent.(1) Standards. The pharmacy is responsible for any problems in the delivery of the prescription drug.(2) Temperature. The prescription drug shall be maintained within the temperature range allowed by the United States Pharmacopeia or recommended by the manufacturer until the delivery has been received by the patient or patient's agent.(e) Delivery by unmanned aircraft systems (i.e., \"drones\"). A pharmacy may deliver prescription drugs, excluding controlled substances or sterile compounded preparations, by use of a common or contract carrier providing an unmanned aircraft system delivery service as provided in §291.9 of this title on request of the patient or patient's agent.(1) Standards. Unmanned aircraft systems shall maintain appropriate federal registration and comply with all state and federal laws and rules. The pharmacy shall ensure that all prescription drugs are delivered to the patient or patient's agent in accordance with nationally recognized standards, such as those of the manufacturer or the United States Pharmacopeia. The pharmacy is responsible for any problems in the delivery of the prescription drug.(2) The pharmacist-in-charge is responsible for developing written policies and procedures regarding prescription drug delivery in accordance with this subsection to be used by pharmacy personnel to include, but not be limited to, the following:(A) training pharmacy personnel engaged in preparing and packaging prescription drugs for delivery;(B) packaging prescription drugs for delivery;(C) verification of the correct recipient and delivery address;(D) maintaining the confidentiality of prescription records;(E) secure transfer of prescription drugs from the pharmacy;(F) provision of patient counseling;(G) remediation of errors in delivery or adverse events; and(H) recordkeeping.(3) Packaging. The pharmacy shall ensure that prescription drugs are packaged in commercially available tamper evident packaging.(4) Temperature. The pharmacy shall ensure that any prescription drug delivered by a common or contract carrier providing an unmanned aircraft system delivery service is packaged in a manner that maintains a temperature range appropriate for the drug. This may include, without limitation, use of temperature tags, time temperature strips, insulated packaging, gel ice packs, or a combination of these as necessary.(5) Records. The pharmacy shall document each change in the chain of custody of a prescription drug, including departure of the prescription drug from the pharmacy, transfer to the person or entity fulfilling delivery, and delivery to the patient.(6) Confirmation of presence at selected delivery location. The pharmacy shall receive confirmation from the patient or patient's agent that the patient or patient's agent is present at the selected delivery location before unmanned aircraft system delivery is initiated.(7) Security. The pharmacy must ensure that delivery is made to a reasonably secure location at the selected delivery location that minimizes the opportunity for unauthorized access to prescription drugs and confidential prescription records.(f) All deliveries. A pharmacy that delivers prescription drugs by common or contract carrier, by pharmacy employee or common or contract carrier providing a same-day courier service, or by common or contract carrier providing an unmanned aircraft system delivery service shall also comply with the following:(1) Counseling information. The pharmacy shall comply with the requirements of §291.33(c)(1)(F) of this title (relating to Operational Standards).(2) Notification of delivery. The pharmacy shall notify the patient or patient's agent of the delivery of a prescription drug.(3) Compromised delivery. If a pharmacist determines a prescription drug is in any way compromised during delivery, the pharmacy shall replace the drug or arrange for the drug to be replaced, either by promptly delivering a replacement to the patient or by promptly contacting the prescriber to arrange for the drug to be dispensed to the patient by a pharmacy of the patient's or patient's agent's choice.(4) Records. The pharmacy shall maintain records for two years on the following events:(A) when a prescription drug was sent and delivered to the patient or patient's agent; and(B) patient complaints regarding compromised deliveries, which may be documented in the patient profile.(5) Controlled substances. A pharmacy shall comply with all state and federal laws and rules relating to the delivery of controlled substances.", "sourceNote": "Source Note: The provisions of this §291.12 adopted\r\nto be effective June 10, 2024, 49 TexReg 4045; amended to be effective\r\nSeptember 1, 2025, 50 TexReg 5702." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198493&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198493", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.14", "label": "Pharmacy License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138028", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Renewal requirements.(1) A license to operate a pharmacy expires on the last day of the assigned expiration month.(2) The provision of the Act, §561.005, shall apply if the completed application and a renewal fee is not received in the board's office on or before the last day of the assigned expiration month.(3) An expired license may be renewed according to the following schedule:(A) If the license has been expired for 90 days or less, the license may be renewed by paying to the board a renewal fee that is equal to one and one-half times the required renewal fee as specified in §291.6 of this title (relating to Pharmacy License Fees).(B) If the license has been expired for 91 days or more, the license may not be renewed. The pharmacy may apply for a new license as specified in §291.1 of this title (relating to Pharmacy License Application), including, as required by §560.052(b) of the Act, the submission of a sworn disclosure statement as specified in §291.4 of this title (relating to Sworn Disclosure Statement).(b) If the board determines on inspection at the pharmacy's address on or after the expiration date of the license that no pharmacy is located or exists at the pharmacy's address (e.g., the building is vacated or for sale or lease, or another business is operating at the location), the board shall not renew the license.(c) Additional renewal requirements for Class E pharmacies. In addition to the renewal requirements in subsection (a) of this section, a Class E pharmacy shall have on file with the board an inspection report issued:(1) not more than three years before the date the renewal application is received; and(2) by the pharmacy licensing board in the state of the pharmacy's physical location except as provided in §291.104 of this title (relating to Operational Standards).", "sourceNote": "Source Note: The provisions of this §291.14 adopted to be effective May 28, 1982, 7 TexReg 1857; amended to be effective May 17, 1983, 8 TexReg 1494; amended to be effective April 16, 1985, 10 TexReg 1104; amended to be effective February 17, 1988, 13 TexReg 613; amended to be effective May 31, 1995, 20 TexReg 1888; amended to be effective January 3, 2000, 24 TexReg 12066; amended to be effective March 12, 2003, 28 TexReg 2082; amended to be effective March 6, 2006, 31 TexReg 1440; amended to be effective June 12, 2016, 41 TexReg 4257; amended to be effective March 5, 2020, 45 TexReg 1424." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138028", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.15", "label": "Storage of Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150965", "queryAsDate": "03/11/2026" }, "ruleBody": "All drugs shall be stored at the proper temperature and conditions as defined by the following terms:(1) Freezer--A place in which the temperature is maintained thermostatically between minus 25 degrees Celsius and minus 10 degrees Celsius (minus 13 degrees Fahrenheit and 14 degrees Fahrenheit).(2) Cold--Any temperature not exceeding 8 degrees Celsius (46 degrees Fahrenheit). A refrigerator is a cold place in which the temperature is maintained thermostatically between 2 degrees Celsius and 8 degrees Celsius (36 degrees Fahrenheit and 46 degrees Fahrenheit).(3) Cool--Any temperature between 8 degrees Celsius and 15 degrees Celsius (46 degrees Fahrenheit and 59 degrees Fahrenheit). An article for which storage in a cool place is directed may, alternatively, be stored and distributed in a refrigerator, unless otherwise specified by the individual monograph.(4) Room temperature--The temperature prevailing in a working area.(5) Controlled room temperature--A temperature maintained thermostatically between 15 degrees Celsius and 30 degrees Celsius (59 degrees Fahrenheit and 86 degrees Fahrenheit).(6) Warm--Any temperature between 30 degrees Celsius and 40 degrees Celsius (86 degrees Fahrenheit and 104 degrees Fahrenheit).(7) Excessive heat--Any temperature above 40 degrees Celsius (104 degrees Fahrenheit).(8) Protection from freezing--Where, in addition to the risk of breakage of the container, freezing subjects a product to loss of strength or potency, or to destructive alteration of the dosage form, the container label bears an appropriate instruction to protect the product from freezing.(9) Dry place--A place that does not exceed 40% average relative humidity at controlled room temperature or the equivalent water vapor pressure at other temperatures.", "sourceNote": "Source Note: The provisions of this §291.15 adopted to be effective September 7, 2008, 33 TexReg 7218." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150965", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.16", "label": "Samples" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225953", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise specified, a pharmacy may not sell, purchase, trade or possess prescription drug samples, unless the pharmacy meets all of the following conditions:(1) the pharmacy is owned by a charitable organization described in the Internal Revenue Code of 1986, or by a city, state or county government;(2) the pharmacy is a part of a health care entity which provides health care primarily to indigent or low income patients at no or reduced cost;(3) the samples are for dispensing or provision at no charge to patients of such health care entity; and(4) the samples are possessed in compliance with the federal Prescription Drug Marketing Act of 1987.", "sourceNote": "Source Note: The provisions of this §291.16 adopted to be effective March 10, 2011, 36 TexReg 1511." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225953", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.17", "label": "Inventory Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131818", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements.(1) The pharmacist-in-charge shall be responsible for taking all required inventories, but may delegate the performance of the inventory to another person(s).(2) The inventory shall be maintained in a written, typewritten, or printed form. An inventory taken by use of an oral recording device must be promptly transcribed.(3) The inventory shall be kept in the pharmacy and shall be available for inspection for two years.(4) The inventory shall be filed separately from all other records.(5) The inventory shall be in a written, typewritten, or printed form and include all stocks of all controlled substances on hand on the date of the inventory (including any which are out-of-date). (6) The inventory may be taken either as of the opening of business or as of the close of business on the inventory date.(7) The inventory record shall indicate whether the inventory is taken as of the opening of business or as of the close of business on the inventory date. If the pharmacy is open 24 hours a day, the inventory record shall indicate the time that the inventory was taken.(8) The person(s) taking the inventory shall make an exact count or measure of all controlled substances listed in Schedule II.(9) The person(s) taking the inventory shall make an estimated count or measure of all controlled substances listed in Schedules III, IV, and V, unless the container holds more than 1,000 tablets or capsules in which case, an exact count of the contents must be made.(10) The inventory of Schedule II controlled substances shall be listed separately from the inventory of Schedules III, IV, and V controlled substances.(11) If the pharmacy maintains a perpetual inventory of any of the drugs required to be inventoried, the perpetual inventory shall be reconciled on the date of the inventory.(b) Initial inventory.(1) A new Class A, Class A-S, Class C, Class C-S, or Class F pharmacy shall take an inventory on the opening day of business. Such inventory shall include all stocks of all controlled substances (including any out-of-date drugs).(2) In the event the Class A, Class A-S, Class C, Class C-S, or Class F pharmacy commences business with no controlled substances on hand, the pharmacy shall record this fact as the initial inventory.(3) The initial inventory shall serve as the pharmacy's inventory until the next May 1, or until the pharmacy's regular general physical inventory date, at which time the Class A, Class A-S, Class C, Class C-S, or Class F pharmacy shall take an annual inventory as specified in subsection (c) of this section.(c) Annual inventory.(1) A Class A, Class A-S, Class C, Class C-S, or Class F pharmacy shall take an inventory on May 1 of each year, or on the pharmacy's regular general physical inventory date. Such inventory may be taken within four days of the specified inventory date and shall include all stocks of all controlled substances (including out-of-date drugs).(2) A Class A, Class A-S, Class C, Class C-S, or Class F pharmacy applying for renewal of a pharmacy license shall include as a part of the pharmacy license renewal application a statement attesting that an annual inventory has been conducted, the date of the inventory, and the name of the person(s) taking the inventory.(3) The person(s) taking the annual inventory and the pharmacist-in-charge shall indicate the time the inventory was taken (as specified in subsection (a)(7) of this section) and shall sign and date the inventory with the date the inventory was taken. (d) Change of ownership.(1) A Class A, Class A-S, Class C, Class C-S, or Class F pharmacy that changes ownership shall take an inventory on the date of the change of ownership. Such inventory shall include all stocks of all controlled substances (including any out-of-date drugs).(2) Such inventory shall constitute, for the purpose of this section, the closing inventory for the seller and the initial inventory for the buyer.(3) Transfer of any controlled substances listed in Schedule II shall require the use of official DEA order forms (Form 222).(4) The person(s) taking the inventory and the pharmacist-in-charge shall indicate the time the inventory was taken (as specified in subsection (a)(7) of this section) and shall sign and date the inventory with the date the inventory was taken. (e) Closed pharmacies.(1) The pharmacist-in-charge of a Class A, Class A-S, Class C, Class C-S, or Class F pharmacy that ceases to operate as a pharmacy shall forward to the board, within 10 days of the cessation of operation, a statement attesting that an inventory of all controlled substances on hand has been conducted, the date of closing, and a statement attesting the manner by which the dangerous drugs and controlled substances possessed by such pharmacy were transferred or disposed.(2) The person(s) taking the inventory and the pharmacist-in-charge shall indicate the time the inventory was taken (as specified in subsection (a)(7) of this section) and shall sign and date the inventory with the date the inventory was taken(f) Additional requirements for Class C and Class C-S pharmacies.(1) Perpetual inventory.(A) A Class C or Class C-S pharmacy shall maintain a perpetual inventory of all Schedule II controlled substances.(B) The perpetual inventory shall be reconciled on the date of the annual inventory.(2) Annual inventory. The inventory of the Class C or Class C-S pharmacy shall be maintained in the pharmacy. The inventory shall include all controlled substances located in the pharmacy and, if applicable, all controlled substances located in other departments within the institution. If an inventory is conducted in other departments within the institution, the inventory of the pharmacy shall be listed separately, as follows:(A) the inventory of drugs on hand in the pharmacy shall be listed separately from the inventory of drugs on hand in the other areas of the institution; and(B) the inventory of drugs on hand in all other departments shall be identified by department.(g) Change of pharmacist-in-charge of a pharmacy.(1) On the date of the change of the pharmacist-in-charge of a Class A, Class A-S, Class C, Class C-S, or Class F pharmacy, an inventory shall be taken. Such inventory shall include all stocks of all controlled substances (including any out-of-date drugs).(2) This inventory shall constitute, for the purpose of this section, the closing inventory of the departing pharmacist-in-charge and the beginning inventory of the incoming pharmacist-in-charge.(3) If the departing and the incoming pharmacists-in-charge are unable to conduct the inventory together, a closing inventory shall be conducted by the departing pharmacist-in-charge and a new and separate beginning inventory shall be conducted by the incoming pharmacist-in-charge.(4) The incoming pharmacist-in-charge shall be responsible for notifying the board within 10 days, as specified in §291.3 of this title (relating to Required Notifications), that a change of pharmacist-in-charge has occurred.", "sourceNote": "Source Note: The provisions of this §291.17 adopted\r\nto be effective September 1, 1987, 12 TexReg 2568; amended to be effective\r\nSeptember 30, 1993, 18 TexReg 6459; amended to be effective July 16,\r\n1999, 24 TexReg 5196; amended to be effective June 4, 2000, 25 TexReg\r\n4777; amended to be effective March 12, 2003, 28 TexReg 2082; amended\r\nto be effective March 10, 2011, 36 TexReg 1511; amended to be effective\r\nJune 7, 2012, 37 TexReg 4046; amended to be effective December 5,\r\n2012, 37 TexReg 9511; amended to be effective December 10, 2013, 38\r\nTexReg 8835; amended to be effective December 6, 2015, 40 TexReg 8765;\r\namended to be effective December 6, 2018, 43 TexReg 7772; amended\r\nto be effective June 20, 2019, 44 TexReg 2946; amended to be effective\r\nSeptember 1, 2025, 50 TexReg 5703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131818&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131818", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.18", "label": "Time Limit for Filing a Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199756", "queryAsDate": "03/11/2026" }, "ruleBody": "For the purposes of the Act, §556.055, the board determines that a \"reasonable time\" to be no less than 10 days from the date of an inspection giving rise to a possible complaint; provided, however, in situations presenting imminent danger to the public health and safety, the board may obtain an injunction under the Act, §566.051, to restrain or enjoin a person from continuing to violate the Act or rules promulgated pursuant to the Act without waiting the 10-day period set out in this section.", "sourceNote": "Source Note: The provisions of this §291.18 adopted to be effective June 11, 1982, 7 TexReg 2065; amended to be effective March 12, 2003, 28 TexReg 2082; amended to be effective September 18, 2007, 32 TexReg 6318." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199756&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199756", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.19", "label": "Administrative Actions as a Result of a Compliance Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131820", "queryAsDate": "03/11/2026" }, "ruleBody": "As a result of a compliance inspection or compliance reinspection of a pharmacy wherein violations of the Texas Pharmacy Act, Controlled Substances Act, Dangerous Drug Act, Texas Food, Drug and Cosmetic Act, or rules adopted pursuant to such acts are observed an agent of the board:(1) may issue a written warning notice listing specific violations and providing a reasonable amount of time to comply with the laws and rules; or(2) may recommend the institution of action against a licensee if such agent determines that:(A) previously cited violations are continuing to occur; or(B) violations observed are of a nature that a written warning notice would not be in the best interest of the public.", "sourceNote": "Source Note: The provisions of this §291.19 adopted to be effective December 18, 1985, 10 TexReg 4692; amended to be effective September 18, 2007, 32 TexReg 6318; amended to be effective September 16, 2018, 43 TexReg 5779; amended to be effective June 18, 2020, 45 TexReg 4034." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131820&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131820", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.22", "label": "Petition to Establish an Additional Class of Pharmacy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131821", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to specify the procedures to be followed in petitioning the board to establish an additional class of pharmacy as authorized by §560.053 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations Code). In reviewing petitions, the board will only consider petitions that provide pharmaceutical care services which contribute to positive patient outcomes. The board will not consider any petition intended only to provide a competitive advantage.(b) Procedures for petitioning the board to establish an additional class of pharmacy. A person who wishes the board to consider establishing an additional class of pharmacy shall submit to the board a petition that contains at least the following information:(1) name, address, telephone number, and pharmacist's license number of the pharmacist responsible for submitting the petition;(2) a detailed summary of the additional class of pharmacy which includes:(A) a description of the type of pharmacy and the pharmaceutical care services provided to the public;(B) if a pharmacy of this type currently exists, the name, address, and license number of the pharmacy;(C) a full explanation of the reasons:(i) the existing classifications of pharmacy licenses are not appropriate for this practice setting; and(ii) that establishment of a new classification of pharmacy license is necessary to protect the public health, safety, and welfare.(c) Review and approval or denial of the petition.(1) On receipt of a petition to establish an additional class of pharmacy, board staff shall initially review the petition for completeness and appropriateness. If the petition is incomplete or inappropriate for board consideration for any reason, board staff shall return the petition with a letter of explanation. Such review shall be completed within 30 working days of receipt of the petition.(2) Once board staff has determined that the petition is complete and appropriate, a task force composed of board staff, at least one board member and, if deemed necessary, resource personnel appointed by the board president, shall review the petition and make a written recommendation to the board regarding approval. Such recommendation shall be presented to the board at the next regularly scheduled meeting of the board that occurs at least three weeks after completion of the review and written recommendation.(3) A copy of the recommendation shall be provided to the petitioner and the board at least two weeks prior to the board meeting.(4) Both the petitioner and a representative of the task force shall be given equal time for presentations to the board.(5) Upon hearing the presentations, the board shall approve or deny the petition. If the board approves the petition, the board shall direct staff to develop rules for the new class of pharmacy or appoint a task force to work with the staff to assist in developing rules for the new class of pharmacy. The board shall approve or deny any petition to establish an additional class of pharmacy not later than the board meeting following the meeting at which the petition is heard.", "sourceNote": "Source Note: The provisions of this §291.22 adopted to be effective March 4, 2004, 29 TexReg 1950; amended to be effective September 18, 2007, 32 TexReg 6318." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131821", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.23", "label": "Pilot or Demonstration Research Projects for Innovative Applications in the Practice of Pharmacy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214887", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to specify the procedures to be followed in applying for approval of a pilot or demonstration research project for innovative applications in the practice of pharmacy as authorized by §554.011 of the Texas Pharmacy Act (Chapters 551- 566 and 568 - 569, Texas Occupations Code). In reviewing projects, the board will only consider projects that expand pharmaceutical care services which contribute to positive patient outcomes. The board will not consider any project intended only to provide a competitive advantage.(b) Scope of pilot or demonstration research projects and the board's approval of such projects.(1) Pilot or demonstration research projects may not:(A) expand the definition of the practice of pharmacy as provided in the Act; or(B) include therapeutic substitution or substitution of medical devices used in patient care.(2) The board's approval of pilot or demonstration research projects may include the granting of an exception to the rules adopted under the Texas Pharmacy Act, but may not include an exception from any law relating to the practice of pharmacy. Such exception to the rules shall be for a specified period of time and such period may not exceed 18 months.(3) The board may extend the time an exception to a rule is granted as necessary for the board to adopt an amendment or modification of the rule.(c) Procedures for applying for approval of pilot or demonstration research projects. A person who wishes the board to consider approval of a pilot or demonstration research project shall submit to the board a petition for approval which contains at least the following information:(1) name, address, telephone number, and pharmacist's license number of the pharmacist responsible for overseeing the project;(2) specific location and, if a pharmacy, the pharmacy license number where the proposed pilot or demonstration project will be conducted;(3) a detailed summary of the proposed pilot or demonstration project which includes:(A) the goals, hypothesis, and/or objectives of the proposed project;(B) a full explanation of the project and how it will be conducted;(C) the time frame for the project including the proposed start date and length of study. Such time frame may not exceed 18 months;(D) background information and/or literature review to support the proposal;(E) the rule(s) that will have to be waived in order to complete the project and a request to waive the rule(s);(F) procedures to be used during the project to ensure that the public's health and safety are not compromised as a result of the rule waiver.(d) Review and approval or denial of the proposed projects.(1) On receipt of a petition for approval of a pilot or demonstration research project, board staff shall initially review the petition for completeness and appropriateness. If the petition is incomplete or inappropriate for board consideration for any reason, staff shall return the petition with a letter of explanation. Such review shall be completed within 30 working days of receipt of the petition.(2) Once board staff has determined that the petition is complete and appropriate, a task force composed of board staff, at least one board member and, if deemed necessary, resource personnel appointed by the board president, shall review the petition and make a written recommendation to the board regarding approval. Such recommendation shall be presented to the board at the next regularly scheduled meeting of the board that occurs at least three weeks after completion of the review and written recommendation.(3) A copy of the recommendation shall be provided to the petitioner and the board at least two weeks prior to the board meeting.(4) Both the petitioner and a representative of the task force shall be given equal time for presentations to the board.(5) Upon hearing the presentations, the board shall either approve or deny the petition. If the board approves the petition, the approval:(A) shall be specific for that project and for a specific time period; and(B) may include conditions or qualifications, if deemed appropriate by the board.(6) The board or its representatives shall be allowed to inspect and review the project documentation and site at any time during the review process and after the project is approved.(e) Presentation of results to the board.(1) The pharmacist responsible for overseeing the project shall forward to the board a summary of the results of the project and conclusions drawn from the results within three months after completion of the project.(2) A task force composed of board staff, at least one board member and, if deemed necessary, resource personnel appointed by the board president, shall review the results and make written recommendations to the board regarding the results of the project.(3) The board will receive the report of the task force at the next regularly scheduled meeting of the board that occurs at least three weeks after the task force has completed its review and issued written recommendations.(4) A copy of the task force recommendation shall be provided to the petitioner and the board at least two weeks prior to the board meeting.(5) Both the petitioner and a representative of the task force shall be given equal time for presentations to the board.", "sourceNote": "Source Note: The provisions of this §291.23 adopted to be effective October 11, 1996, 21 TexReg 9441; amended to be effective December 27, 2000, 25 TexReg 12690; amended to be effective September 18, 2007, 32 TexReg 6318." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214887", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.27", "label": "Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193290", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pharmacist shall provide adequate security of prescription drug orders, medication orders, and patient medication records to prevent indiscriminate or unauthorized access to confidential health information. If prescription drug orders, requests for refill authorization, or other confidential health information are not transmitted directly between a pharmacy and a physician but are transmitted through a data communication device, confidential health information may not be accessed or maintained by the operator of the data communication device unless specifically authorized to obtain the confidential information by this section.(b) Confidential records are privileged and may be released only to:(1) the patient or the patient's agent;(2) a practitioner or another pharmacist if, in the pharmacist's professional judgement, the release is necessary to protect the patient's health and well being;(3) the board or to a person or another state or federal agency authorized by law to receive the confidential record;(4) a law enforcement agency engaged in investigation of a suspected violation of Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);(5) a person employed by a state agency that licenses a practitioner, if the person is performing the person's official duties; or(6) an insurance carrier or other third party payor authorized by a patient to receive such information.(c) A pharmacy shall provide written policies and procedures to prohibit the unauthorized disclosure of confidential records.", "sourceNote": "Source Note: The provisions of this §291.27 adopted to be effective September 18, 2007, 32 TexReg 6318; amended to be effective August 27, 2023, 48 TexReg 4670." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193290&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193290", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.28", "label": "Access to Confidential Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208163", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Access to confidential records. A pharmacy shall comply with the request of a patient or a patient's agent to inspect or obtain a copy of the patient's confidential records maintained by the pharmacy, as defined in §551.003(10) of the Act. A pharmacy shall comply with all relevant state and federal laws regarding release of confidential records to third party requestors.(b) Form of request. The pharmacy may require a patient or a patient's agent or any authorized third party to make requests for confidential records in writing, provided such a requirement has been communicated to the requestor.(c) Timely action by pharmacy. The pharmacy must respond to a request for confidential records in a timely manner.(1) The pharmacy must respond to a request for confidential records no later than fifteen days after receipt of the request by providing a copy of the records or, with the consent of the requestor, a summary or explanation of such information.(2) The pharmacy must provide confidential records as requested in a mutually agreed upon format.(3) Access to confidential records may be expedited at the request of a patient or a patient's agent if there is a medical emergency. The pharmacy must respond to a request for expedited access to confidential records within 24 hours if the records are maintained at the pharmacy or within 72 hours if the records are stored off-site. The pharmacy may charge a reasonable fee, in addition to the fees outlined in subsection (d) of this section, of no more than $25.00 for expediting a request for access to confidential records.(d) Fees. The pharmacy may charge a reasonable, cost-based fee for providing a copy of confidential records or a summary or explanation of such information.(1) A reasonable fee shall be a charge of no more than $50.00 for the first twenty pages and $0.50 per page for every page thereafter. A reasonable fee shall include only the cost of:(A) copying, including the cost of supplies for and labor of copying;(B) postage, when the individual has requested the records be mailed; and(C) preparing an explanation or summary of the protected health information, if appropriate and consented to by the patient or patient's agent.(2) If an affidavit is requested certifying that the information is a true and correct copy of the records, a reasonable fee of no more than $15.00 may be charged for executing the affidavit.(3) If an affidavit or questionnaire accompanies the request, the pharmacy may charge a reasonable fee of no more than $50.00 to complete the written response.", "sourceNote": "Source Note: The provisions of this §291.28 adopted to be effective September 3, 2006, 31 TexReg 6732; amended to be effective December 6, 2009, 34 TexReg 8690; amended to be effective December 6, 2018, 43 TexReg 7774." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208163", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "A", "label": "ALL CLASSES OF PHARMACIES" }, "rule": { "number": "§291.29", "label": "Professional Responsibility of Pharmacists" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226922", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pharmacist shall exercise sound professional judgment with respect to the accuracy and authenticity of any prescription drug order dispensed. If the pharmacist questions the accuracy or authenticity of a prescription drug order, the pharmacist shall verify the order with the practitioner prior to dispensing.(b) A pharmacist shall make every reasonable effort to ensure that any prescription drug order, regardless of the means of transmission, has been issued for a legitimate medical purpose by a practitioner in the course of medical practice. A pharmacist shall not dispense a prescription drug if the pharmacist knows or should have known that the order for such drug was issued without a valid pre-existing patient-practitioner relationship as defined by the Texas Medical Board in 22 Texas Administrative Code (TAC) §190.8 (relating to Violation Guidelines) or without a valid prescription drug order.(1) A prescription drug order may not be dispensed or delivered by means of the Internet unless pursuant to a valid prescription that was issued for a legitimate medical purpose in the course of medical practice by a practitioner, or practitioner covering for another practitioner.(2) A prescription drug order may not be dispensed or delivered if the pharmacist has reason to suspect that the prescription drug order may have been authorized in the absence of a valid patient-practitioner relationship, or otherwise in violation of the practitioner's standard of practice to include that the practitioner:(A) did not establish a diagnosis through the use of acceptable medical practices for the treatment of patient's condition;(B) prescribed prescription drugs that were not necessary for the patient due to a lack of a valid medical need or the lack of a therapeutic purpose for the prescription drugs; or(C) issued the prescriptions outside the usual course of medical practice.(3) Notwithstanding the provisions of this subsection and as authorized by the Texas Medical Board in 22 TAC §190.8, a pharmacist may dispense a prescription when a physician has not established a professional relationship with a patient if the prescription is for medications for:(A) sexually transmitted diseases for partners of the physician's established patient; or(B) a patient's family members if the patient has an illness determined by the Centers for Disease Control and Prevention, the World Health Organization, or the Governor's office to be pandemic.(c) If a pharmacist has reasons to suspect that a prescription was authorized solely based on the results of a questionnaire and/or in the absence of a documented patient evaluation including a physical examination, the pharmacist shall ascertain if that practitioner's standard of practice allows that practitioner to authorize a prescription under such circumstances. Reasons to suspect that a prescription may have been authorized in the absence of a valid patient-practitioner relationship or in violation of the practitioner's standard of practice include:(1) the number of prescriptions authorized on a daily basis by the practitioner;(2) a disproportionate number of patients of the practitioner receive controlled substances;(3) the manner in which the prescriptions are authorized by the practitioner or received by the pharmacy;(4) the geographical distance between the practitioner and the patient or between the pharmacy and the patient;(5) knowledge by the pharmacist that the prescription was issued solely based on answers to a questionnaire;(6) knowledge by the pharmacist that the pharmacy he/she works for directly or indirectly participates in or is otherwise associated with an Internet site that markets prescription drugs to the public without requiring the patient to provide a valid prescription order from the patients practitioner; or(7) knowledge by the pharmacist that the patient has exhibited doctor-shopping or pharmacy-shopping tendencies.(d) A pharmacist shall ensure that prescription drug orders for the treatment of chronic pain have been issued in accordance with the guidelines set forth by the Texas Medical Board in 22 TAC §170.3 (relating to Guidelines), prior to dispensing or delivering such prescriptions.(e) A prescription drug order may not be dispensed or delivered if issued by a practitioner practicing at a pain management clinic that is not in compliance with the rules of the Texas Medical Board in 22 TAC §§195.1 - 195.4 (relating to Pain Management Clinics). A prescription drug order from a practitioner practicing at a certified pain management clinic is not automatically valid and does not negate a pharmacist's responsibility to determine that the prescription is valid and has been issued for a legitimate or appropriate medical purpose.(f) A pharmacist shall not dispense a prescription drug if the pharmacist knows or should know the prescription drug order is fraudulent or forged. A pharmacist shall make every reasonable effort to prevent inappropriate dispensing due to fraudulent, forged, invalid, or medically inappropriate prescriptions in violation of a pharmacist's corresponding responsibility. The following patterns (i.e., red flag factors) are relevant to preventing the non-therapeutic dispensing of controlled substances and shall be considered by evaluating the totality of the circumstances rather than any single factor:(1) the pharmacy dispenses a reasonably discernible pattern of substantially identical prescriptions for the same controlled substances, potentially paired with other drugs, for numerous persons, indicating a lack of individual drug therapy in prescriptions issued by the practitioner;(2) the pharmacy operates with a reasonably discernible pattern of overall low prescription dispensing volume, maintaining relatively consistent 1:1 ratio of controlled substances to dangerous drugs and/or over-the-counter products dispensed as prescriptions;(3) prescriptions by a prescriber presented to the pharmacy are routinely for controlled substances commonly known to be abused drugs, including opioids, benzodiazepines, muscle relaxants, psychostimulants, and/or cough syrups containing codeine, or any combination of these drugs;(4) prescriptions for controlled substances by a prescriber presented to the pharmacy contain nonspecific or no diagnoses, or lack the intended use of the drug;(5) prescriptions for controlled substances are commonly for the highest strength of the drug and/or for large quantities (e.g., monthly supply), indicating a lack of individual drug therapy in prescriptions issued by the practitioner;(6) dangerous drugs or over-the-counter products (e.g., multi-vitamins or laxatives) are consistently added by the prescriber to prescriptions for controlled substances presented to the pharmacy, indicating a lack of individual drug therapy in prescriptions issued by the practitioner;(7) upon contacting the practitioner's office regarding a controlled substance prescription, the pharmacist is unable to engage in a discussion with the actual prescribing practitioner; the practitioner fails to appropriately address based on a reasonable pharmacist standard the pharmacist's concerns regarding the practitioner's prescribing practices with regard to the prescription; and/or the practitioner is unwilling to provide additional information, such as treatment goals and/or prognosis with prescribed drug therapy;(8) the practitioner's clinic is not registered as, and not exempted from registration as, a pain management clinic by the Texas Medical Board, despite prescriptions by the practitioner presented to the pharmacy indicating that the practitioner is mostly prescribing opioids, benzodiazepines, barbiturates, or carisoprodol, but not including suboxone, or any combination of these drugs;(9) the controlled substance(s) or the quantity of the controlled substance(s) prescribed are inconsistent with the practitioner's area of medical practice;(10) the Texas Prescription Monitoring Program indicates the person presenting the prescriptions is obtaining similar drugs from multiple practitioners, and/or that the persons is being dispensed similar drugs at multiple pharmacies;(11) multiple persons with the same address present substantially similar controlled substance prescriptions from the same practitioner;(12) persons consistently pay for controlled substance prescriptions with cash or cash equivalents more often than through insurance;(13) persons presenting controlled substance prescriptions are doing so in such a manner that varies from the manner in which persons routinely seek pharmacy services (e.g., persons arriving in the same vehicle with prescriptions from same practitioner; one person seeking to pick up prescriptions for multiple others; drugs referenced by street names;(14) the pharmacy charges and persons are willing to pay significantly more for controlled substances relative to nearby pharmacies;(15) the pharmacy routinely orders controlled substances from more than one drug supplier;(16) the pharmacy has been discontinued by a drug supplier related to controlled substance orders;(17) the pharmacy has a sporadic and inconsistent dispensing volume (including zero dispensing);(18) the pharmacy does not maintain normal operational hours each week from Monday through Friday; and(19) the pharmacy has been previously warned or disciplined by the Texas State Board of Pharmacy for inappropriate dispensing of controlled substances.(g) Prescriptions issued as a result of telemedicine medical services or teledentistry dental services.(1) The validity of a prescription issued as a result of telemedicine medical services or teledentistry dental services is determined by the same standards that would apply to the issuance of the prescription in an in-person setting.(2) A valid prescription issued as a result of telemedicine medical services or teledentistry dental services must:(A) be issued for a legitimate medical purpose by a practitioner as part of a practitioner-patient relationship as set out in Texas Occupations Code §111.005; and(B) meet all other applicable laws before prescribing, dispensing, delivering, or administering a dangerous drug or controlled substance.", "sourceNote": "Source Note: The provisions of this §291.29 adopted to be effective May 30, 2010, 35 TexReg 4164; amended to be effective September 12, 2011, 36 TexReg 5846; amended to be effective September 16, 2018, 43 TexReg 5779; amended to be effective March 15, 2022, 47 TexReg 1277." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226922&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226922", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "B", "label": "COMMUNITY PHARMACY (CLASS A)" }, "rule": { "number": "§291.31", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225221", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accurately as prescribed--Dispensing, delivering, and/or distributing a prescription drug order:(A) to the correct patient (or agent of the patient) for whom the drug or device was prescribed;(B) with the correct drug in the correct strength, quantity, and dosage form ordered by the practitioner; and(C) with correct labeling (including directions for use) as ordered by the practitioner. Provided, however, that nothing herein shall prohibit pharmacist substitution if substitution is conducted in strict accordance with applicable laws and rules, including Chapter 562 of the Texas Pharmacy Act.(2) Act--The Texas Pharmacy Act, Chapters 551 - 569, Occupations Code, as amended.(3) Advanced practice registered nurse--A registered nurse licensed by the Texas Board of Nursing to practice as an advanced practice registered nurse on the basis of completion of an advanced education program. The term includes nurse practitioner, nurse midwife, nurse anesthetist, and clinical nurse specialist. The term is synonymous with advanced nurse practitioner and advanced practice nurse.(4) Automated checking device--A device that confirms that the correct drug and strength has been labeled with the correct label for the correct patient prior to delivery of the drug to the patient.(5) Automated counting device--An automated device that is loaded with bulk drugs and counts and/or packages (i.e., fills a vial or other container) a specified quantity of dosage units of a designated drug product.(6) Automated pharmacy dispensing system--A system that automatically performs operations or activities, other than compounding or administration, relative to the storage, packaging, counting, and labeling for dispensing and delivery of medications, and that collects, controls, and maintains all transaction information. \"Automated pharmacy dispensing system\" does not mean \"Automated compounding or counting device\" or \"Automated medication supply device.\"(7) Beyond use date--The date beyond which a product should not be used.(8) Board--The Texas State Board of Pharmacy.(9) Common ownership--Two or more pharmacies with an identical owner of record with the board or that have owners of record with the board that are a parent, subsidiary, or affiliate of one another under §1.002, Business Organizations Code.(10) Confidential record--Any health-related record that contains information that identifies an individual and that is maintained by a pharmacy or pharmacist, such as a patient medication record, prescription drug order, or medication order.(11) Controlled substance--A drug, immediate precursor, or other substance listed in Schedules I - V or Penalty Groups 1 - 4 of the Texas Controlled Substances Act, as amended (Chapter 481, Health and Safety Code), or a drug, immediate precursor, or other substance included in Schedules I, II, III, IV, or V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (Public Law 91-513).(12) Dangerous drug--A drug or device that:(A) is not included in Penalty Groups 1 - 4 of the Texas Controlled Substances Act, as amended, (Chapter 481, Health and Safety Code), and is unsafe for self-medication; or(B) bears or is required to bear the legend:(i) \"Caution: federal law prohibits dispensing without prescription\" or \"Rx only\" or another legend that complies with federal law; or(ii) \"Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian.\"(13) Data communication device--An electronic device that receives electronic information from one source and transmits or routes it to another (e.g., bridge, router, switch or gateway).(14) Deliver or delivery--The actual, constructive, or attempted transfer of a prescription drug or device or controlled substance from one person to another, whether or not for a consideration. (15) Designated agent--(A) a licensed nurse, physician assistant, pharmacist, or other individual designated by a practitioner to communicate prescription drug orders to a pharmacist;(B) a licensed nurse, physician assistant, or pharmacist employed in a health care facility to whom the practitioner communicates a prescription drug order;(C) an advanced practice registered nurse or physician assistant authorized by a practitioner to prescribe or order drugs or devices under Chapter 157 of the Medical Practice Act (Subtitle B, Occupations Code); or(D) a person who is a licensed vocational nurse or has an education equivalent to or greater than that required for a licensed vocational nurse designated by the practitioner to communicate prescriptions for an advanced practice registered nurse or physician assistant authorized by the practitioner to sign prescription drug orders under Chapter 157 of the Medical Practice Act (Subtitle B, Occupations Code).(16) Dispense--Preparing, packaging, compounding, or labeling for delivery a prescription drug or device in the course of professional practice to an ultimate user or his agent by or pursuant to the lawful order of a practitioner.(17) Dispensing error--An action committed by a pharmacist or other pharmacy personnel that causes the patient or patient's agent to take possession of a dispensed prescription drug and an individual subsequently discovers that the patient has received an incorrect drug product, which includes incorrect strength, incorrect dosage form, and/or incorrect directions for use.(18) Dispensing pharmacist--The pharmacist responsible for the final check of the dispensed prescription before delivery to the patient.(19) Distribute--The delivery of a prescription drug or device other than by administering or dispensing.(20) Downtime--Period of time during which a data processing system is not operable.(21) Drug regimen review--An evaluation of prescription drug orders and patient medication records for:(A) known allergies;(B) rational therapy-contraindications;(C) reasonable dose and route of administration;(D) reasonable directions for use;(E) duplication of therapy;(F) drug-drug interactions;(G) drug-food interactions;(H) drug-disease interactions;(I) adverse drug reactions; and(J) proper utilization, including overutilization or underutilization.(22) Electronic prescription drug order--A prescription drug order that is generated on an electronic application and transmitted as an electronic data file.(23) Electronic signature--A unique security code or other identifier which specifically identifies the person entering information into a data processing system. A facility which utilizes electronic signatures must:(A) maintain a permanent list of the unique security codes assigned to persons authorized to use the data processing system; and(B) have an ongoing security program which is capable of identifying misuse and/or unauthorized use of electronic signatures.(24) Electronic verification process--An electronic verification, bar code verification, weight verification, radio frequency identification (RFID), or similar electronic process or system that accurately verifies that medication has been properly dispensed and labeled by, or loaded into, an automated pharmacy dispensing system.(25) Full-time pharmacist--A pharmacist who works in a pharmacy from 30 to 40 hours per week or, if the pharmacy is open less than 60 hours per week, one-half of the time the pharmacy is open.(26) Hard copy--A physical document that is readable without the use of a special device.(27) Hot water--The temperature of water from the pharmacy's sink maintained at a minimum of 105 degrees F (41 degrees C).(28) Medical Practice Act--The Texas Medical Practice Act, Subtitle B, Occupations Code, as amended.(29) Medication order--A written order from a practitioner or an oral order from a practitioner or his authorized agent for administration of a drug or device.(30) New prescription drug order--A prescription drug order that has not been dispensed to the patient in the same strength and dosage form by this pharmacy within the last year.(31) Original prescription--The:(A) original written prescription drug order; or(B) original oral or electronic prescription drug order reduced to writing either manually or electronically.(32) Owner of record--The direct owner of the pharmacy provided on the pharmacy's application for a pharmacy license or most recent approved change of ownership form.(33) Part-time pharmacist--A pharmacist who works less than full-time.(34) Patient counseling--Communication by the pharmacist of information to the patient or patient's agent in order to improve therapy by ensuring proper use of drugs and devices.(35) Patient med-pak--A package prepared by a pharmacist for a specific patient comprised of a series of containers and containing two or more prescribed solid oral dosage forms. The patient med-pak is so designed or each container is so labeled as to indicate the day and time, or period of time, that the contents within each container are to be taken.(36) Pharmaceutical care--The provision of drug therapy and other pharmaceutical services intended to assist in the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process.(37) Pharmacist-in-charge--The pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for a pharmacy's compliance with laws and rules pertaining to the practice of pharmacy.(38) Pharmacy technician--An individual who is registered with the board as a pharmacy technician and whose responsibility in a pharmacy is to provide technical services that do not require professional judgment regarding preparing and distributing drugs and who works under the direct supervision of and is responsible to a pharmacist.(39) Pharmacy technician trainee--An individual who is registered with the board as a pharmacy technician trainee and is authorized to participate in a pharmacy's technician training program.(40) Physician assistant--A physician assistant recognized by the Texas Medical Board as having the specialized education and training required under Subtitle B, Chapter 157, Occupations Code, and issued an identification number by the Texas Medical Board.(41) Practitioner--(A) a person licensed or registered to prescribe, distribute, administer, or dispense a prescription drug or device in the course of professional practice in this state, including a physician, dentist, podiatrist, or veterinarian but excluding a person licensed under this Act;(B) a person licensed by another state, Canada, or the United Mexican States in a health field in which, under the law of this state, a license holder in this state may legally prescribe a dangerous drug;(C) a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current federal Drug Enforcement Administration registration number and who may legally prescribe a Schedule II, III, IV, or V controlled substance, as specified under Chapter 481, Health and Safety Code, in that other state; or(D) an advanced practice registered nurse or physician assistant to whom a physician has delegated the authority to prescribe or order drugs or devices under Chapter 157 of the Medical Practice Act (Subtitle B, Occupations Code) or, for the purpose of this subchapter, a pharmacist who practices in a hospital, hospital-based clinic, or an academic health care institution and to whom a physician has delegated the authority to sign a prescription for a dangerous drug under §157.101, Occupations Code.(42) Prepackaging--The act of repackaging and relabeling quantities of drug products from a manufacturer's original commercial container into a prescription container, unit-dose packaging, or multi-compartment container for dispensing by a pharmacist to the ultimate consumer, including dispensing through the use of an automated pharmacy dispensing system or automated checking device.(43) Prescription department--The area of a pharmacy that contains prescription drugs.(44) Prescription drug--(A) a substance for which federal or state law requires a prescription before the substance may be legally dispensed to the public;(B) a drug or device that under federal law is required, before being dispensed or delivered, to be labeled with the statement:(i) \"Caution: federal law prohibits dispensing without prescription\" or \"Rx only\" or another legend that complies with federal law; or(ii) \"Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian\"; or(C) a drug or device that is required by federal or state statute or regulation to be dispensed on prescription or that is restricted to use by a practitioner only.(45) Prescription drug order--(A) a written order from a practitioner or an oral order from a practitioner or his authorized agent to a pharmacist for a drug or device to be dispensed; or(B) a written order or an oral order pursuant to Subtitle B, Chapter 157, Occupations Code.(46) Prospective drug use review--A review of the patient's drug therapy and prescription drug order or medication order prior to dispensing or distributing the drug.(47) State--One of the 50 United States of America, a U.S. territory, or the District of Columbia.(48) Texas Controlled Substances Act--The Texas Controlled Substances Act, Health and Safety Code, Chapter 481, as amended.(49) Written protocol--A physician's order, standing medical order, standing delegation order, or other order or protocol as defined by rule of the Texas Medical Board under the Texas Medical Practice Act.", "sourceNote": "Source Note: The provisions of this §291.31 adopted\r\nto be effective November 5, 1982, 7 TexReg 3830; amended to be effective\r\nMarch 31, 1986, 11 TexReg 1349; amended to be effective September\r\n14, 1988, 13 TexReg 4305; amended to be effective September 5, 1990,\r\n15 TexReg 4807; amended to be effective March 18, 1991, 16 TexReg\r\n1365; amended to be effective January 1, 1993, 17 TexReg 9116; amended\r\nto be effective June 1, 1994, 19 TexReg 3921; amended to be effective\r\nDecember 1, 1994, 19 TexReg 9179; amended to be effective March 21,\r\n1996, 21 TexReg 2227; amended to be effective April 7, 1997, 22 TexReg\r\n3106; amended to be effective September 16, 1999, 24 TexReg 7227;\r\namended to be effective March 29, 2000, 25 TexReg 2575; amended to\r\nbe effective March 4, 2004, 29 TexReg 1951; amended to be effective\r\nJune 6, 2004, 29 TexReg 5361; amended to be effective September 18,\r\n2007, 32 TexReg 6319; amended to be effective September 7, 2008, 33\r\nTexReg 7218; amended to be effective December 6, 2009, 34 TexReg 8691;\r\namended to be effective March 17, 2013, 38 TexReg 1682; amended to\r\nbe effective September 11, 2014, 39 TexReg 7094; amended to be effective\r\nDecember 7, 2014, 39 TexReg 9345; amended to be effective September\r\n16, 2018, 43 TexReg 5783; amended to be effective March 12, 2019,\r\n44 TexReg 1317; amended to be effective December 10, 2020, 45 TexReg\r\n8851; amended to be effective November 30, 2025, 50 TexReg 7726." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225221", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "B", "label": "COMMUNITY PHARMACY (CLASS A)" }, "rule": { "number": "§291.32", "label": "Personnel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227667", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pharmacist-in-charge.(1) General.(A) Each Class A pharmacy shall have one pharmacist-in-charge who is employed on a full-time basis and who may be the pharmacist-in-charge for only one such pharmacy; provided, however, such pharmacist-in-charge may be the pharmacist-in-charge of:(i) more than one Class A pharmacy, if the additional Class A pharmacies are not open to provide pharmacy services simultaneously; or(ii) during an emergency, up to two Class A pharmacies open simultaneously if the pharmacist-in-charge works at least 10 hours per week in each pharmacy for no more than a period of 30 consecutive days.(B) The pharmacist-in-charge shall comply with the provisions of §291.17 of this title (relating to Inventory Requirements). (C) The pharmacist-in-charge of a Class A pharmacy may not serve as the pharmacist-in-charge of a Class B pharmacy or a Class C pharmacy with 101 beds or more.(2) Responsibilities. The pharmacist-in-charge shall have responsibility for the practice of pharmacy at the pharmacy for which he or she is the pharmacist-in-charge. The pharmacist-in-charge may advise the owner on administrative or operational concerns. The pharmacist-in-charge shall have responsibility for, at a minimum, the following:(A) educating and training of pharmacy technicians and pharmacy technician trainees;(B) supervising a system to assure appropriate procurement of prescription drugs and devices and other products dispensed from the Class A pharmacy;(C) disposing of and distributing drugs from the Class A pharmacy;(D) storing all materials, including drugs, chemicals, and biologicals;(E) maintaining records of all transactions of the Class A pharmacy necessary to maintain accurate control over and accountability for all pharmaceutical materials required by applicable state and federal laws and sections;(F) supervising a system to assure maintenance of effective controls against the theft or diversion of prescription drugs, and records for such drugs;(G) adhering to policies and procedures regarding the maintenance of records in a data processing system such that the data processing system is in compliance with Class A pharmacy requirements;(H) legally operating the pharmacy, including meeting all inspection and other requirements of all state and federal laws or sections governing the practice of pharmacy; and(I) if the pharmacy uses an automated pharmacy dispensing system, shall be responsible for the following:(i) consulting with the owner concerning and adherence to the policies and procedures for system operation, safety, security, accuracy and access, patient confidentiality, prevention of unauthorized access, and malfunction;(ii) inspecting medications in the automated pharmacy dispensing system, at least monthly, for expiration date, misbranding, physical integrity, security, and accountability;(iii) assigning, discontinuing, or changing personnel access to the automated pharmacy dispensing system;(iv) ensuring that pharmacy technicians, pharmacy technician trainees, and licensed healthcare professionals performing any services in connection with an automated pharmacy dispensing system have been properly trained on the use of the system and can demonstrate comprehensive knowledge of the written policies and procedures for operation of the system; and(v) ensuring that the automated pharmacy dispensing system is stocked accurately and an accountability record is maintained in accordance with the written policies and procedures of operation.(b) Owner. The owner of a Class A pharmacy shall have responsibility for all administrative and operational functions of the pharmacy. The pharmacist-in-charge may advise the owner on administrative and operational concerns. The owner shall have responsibility for, at a minimum, the following, and if the owner is not a Texas licensed pharmacist, the owner shall consult with the pharmacist-in-charge or another Texas licensed pharmacist:(1) establishing policies for procurement of prescription drugs and devices and other products dispensed from the Class A pharmacy; (2) establishing policies and procedures for the security of the prescription department including the maintenance of effective controls against the theft or diversion of prescription drugs;(3) if the pharmacy uses an automated pharmacy dispensing system, reviewing and approving all policies and procedures for system operation, safety, security, accuracy and access, patient confidentiality, prevention of unauthorized access, and malfunction;(4) providing the pharmacy with the necessary equipment and resources commensurate with its level and type of practice; and(5) establishing policies and procedures regarding maintenance, storage, and retrieval of records in a data processing system such that the system is in compliance with state and federal requirements.(c) Pharmacists.(1) General.(A) The pharmacist-in-charge shall be assisted by a sufficient number of additional licensed pharmacists as may be required to operate the Class A pharmacy competently, safely, and adequately to meet the needs of the patients of the pharmacy.(B) All pharmacists shall assist the pharmacist-in-charge in meeting his or her responsibilities in ordering, dispensing, and accounting for prescription drugs.(C) Pharmacists are solely responsible for the direct supervision of pharmacy technicians and pharmacy technician trainees and for designating and delegating duties, other than those listed in paragraph (2) of this subsection, to pharmacy technicians and pharmacy technician trainees. Each pharmacist shall be responsible for any delegated act performed by pharmacy technicians and pharmacy technician trainees under his or her supervision.(D) Pharmacists shall directly supervise pharmacy technicians and pharmacy technician trainees who are entering prescription data into the pharmacy's data processing system by one of the following methods.(i) Physically present supervision. A pharmacist shall be physically present to directly supervise a pharmacy technician or pharmacy technician trainee who is entering prescription data into the data processing system. Each prescription entered into the data processing system shall be verified at the time of data entry. If the pharmacist is not physically present due to a temporary absence as specified in §291.33(b)(3) of this title (relating to Operational Standards), on return the pharmacist must:(I) conduct a drug regimen review for the prescriptions data entered during this time period as specified in §291.33(c)(2) of this title; and(II) verify that prescription data entered during this time period was entered accurately.(ii) Electronic supervision. A pharmacist may electronically supervise a pharmacy technician or pharmacy technician trainee who is entering prescription data into the data processing system provided the pharmacist:(I) has the ability to immediately communicate directly with the technician/trainee;(II) has immediate access to any original document containing prescription information or other information related to the dispensing of the prescription. Such access may be through imaging technology provided the pharmacist has the ability to review the original, hardcopy documents if needed for clarification; and(III) verifies the accuracy of the data entered information prior to the release of the information to the system for storage and/or generation of the prescription label.(iii) Electronic verification of data entry by pharmacy technicians or pharmacy technician trainees. A pharmacist may electronically verify the data entry of prescription information into a data processing system provided:(I) the pharmacist has the ability to immediately communicate directly with the technician/trainee;(II) the pharmacist electronically conducting the verification is either a:(-a-) Texas licensed pharmacist; or(-b-) pharmacist employed by a Class E pharmacy that:(-1-) has the same owner as the Class A pharmacy where the pharmacy technicians/trainees are located; or(-2-) has entered into a written contract or agreement with the Class A pharmacy which outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations;(III) the pharmacy establishes controls to protect the privacy and security of confidential records; and(IV) the pharmacy keeps permanent records of prescriptions electronically verified for a period of two years.(E) All pharmacists, while on duty, shall be responsible for the legal operation of the pharmacy and for complying with all state and federal laws or rules governing the practice of pharmacy.(F) A dispensing pharmacist shall be responsible for and ensure that the drug is dispensed and delivered safely and accurately as prescribed, unless the pharmacy's data processing system can record the identity of each pharmacist involved in a specific portion of the dispensing processing. If the system can track the identity of each pharmacist involved in the dispensing process, each pharmacist involved in the dispensing process shall be responsible for and ensure that the portion of the process the pharmacist is performing results in the safe and accurate dispensing and delivery of the drug as prescribed. The dispensing process shall include, but not be limited to, drug regimen review and verification of accurate prescription data entry, including prescriptions placed on hold, packaging, preparation, compounding, transferring, labeling, and performance of the final check of the dispensed prescription. An intern has the same responsibilities described in this subparagraph as a pharmacist but must perform his or her duties under the supervision of a pharmacist.(2) Duties. Duties which may only be performed by a pharmacist are as follows:(A) receiving oral prescription drug orders for controlled substances and reducing these orders to writing, either manually or electronically;(B) interpreting prescription drug orders;(C) selecting drug products;(D) performing the final check of the dispensed prescription before delivery to the patient to ensure that the prescription has been dispensed accurately as prescribed;(E) communicating to the patient or patient's agent information about the prescription drug or device which in the exercise of the pharmacist's professional judgment, the pharmacist deems significant, as specified in §291.33(c) of this title;(F) communicating to the patient or the patient's agent on his or her request information concerning any prescription drugs dispensed to the patient by the pharmacy;(G) assuring that a reasonable effort is made to obtain, record, and maintain patient medication records;(H) interpreting patient medication records and performing drug regimen reviews;(I) performing a specific act of drug therapy management for a patient delegated to a pharmacist by a written protocol from a physician licensed in this state in compliance with the Medical Practice Act;(J) verifying that controlled substances listed on invoices are received by clearly recording his/her initials and date of receipt of the controlled substances; and(K) transferring or receiving a transfer of original prescription information for a controlled substance on behalf of a patient.(3) Special requirements for compounding. All pharmacists engaged in compounding non-sterile preparations shall meet the training requirements specified in §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations).(d) Pharmacy Technicians and Pharmacy Technician Trainees. (1) General.(A) All pharmacy technicians and pharmacy technician trainees shall meet the training requirements specified in §297.6 of this title (relating to Pharmacy Technician and Pharmacy Technician Trainee Training).(B) Special requirements for compounding. All pharmacy technicians and pharmacy technician trainees engaged in compounding non-sterile preparations shall meet the training requirements specified in §291.131 of this title.(2) Duties.(A) Pharmacy technicians and pharmacy technician trainees may not perform any of the duties listed in subsection (c)(2) of this section.(B) A pharmacist may delegate to pharmacy technicians and pharmacy technician trainees any nonjudgmental technical duty associated with the preparation and distribution of prescription drugs provided:(i) unless otherwise provided under §291.33 of this subchapter, a pharmacist verifies the accuracy of all acts, tasks, and functions performed by pharmacy technicians and pharmacy technician trainees;(ii) pharmacy technicians and pharmacy technician trainees are under the direct supervision of and responsible to a pharmacist; and(iii) only pharmacy technicians and pharmacy technician trainees who have been properly trained on the use of an automated pharmacy dispensing system and can demonstrate comprehensive knowledge of the written policies and procedures for the operation of the system may be allowed access to the system.(C) Pharmacy technicians and pharmacy technician trainees may perform only nonjudgmental technical duties associated with the preparation and distribution of prescription drugs, as follows:(i) initiating and receiving refill authorization requests; (ii) entering prescription data into a data processing system;(iii) taking a stock bottle from the shelf for a prescription; (iv) preparing and packaging prescription drug orders (i.e., counting tablets/capsules, measuring liquids and placing them in the prescription container);(v) affixing prescription labels and auxiliary labels to the prescription container;(vi) reconstituting medications;(vii) prepackaging and labeling prepackaged drugs;(viii) loading bulk unlabeled drugs into an automated dispensing system provided a pharmacist verifies that the system is properly loaded prior to use;(ix) loading prepackaged containers previously verified by a pharmacist or manufacturer's unit of use packages into an automated dispensing system in accordance with §291.33(i)(2)(D)(III) of this subchapter;(x) compounding non-sterile prescription drug orders; and(xi) compounding bulk non-sterile preparations.(D) In addition to the duties listed above in subparagraph (C) of this paragraph, pharmacy technicians may perform the following nonjudgmental technical duties associated with the preparation and distribution of prescription drugs:(i) receiving oral prescription drug orders for dangerous drugs and reducing these orders to writing, either manually or electronically; (ii) transferring or receiving a transfer of original prescription information for a dangerous drug on behalf of a patient; and(iii) contacting a prescriber for information regarding an existing prescription for a dangerous drug.(3) Ratio of on-site pharmacists to pharmacy technicians and pharmacy technician trainees.(A) Except as provided in subparagraphs (B) and (C) of this paragraph, the ratio of on-site pharmacists to pharmacy technicians and pharmacy technician trainees may be 1:6, provided the pharmacist is on-site and a maximum of three of the six are pharmacy technician trainees. The ratio of pharmacists to pharmacy technician trainees may not exceed 1:3.(B) Subparagraph (A) of this paragraph does not apply to a central fill pharmacy, as defined in §291.125 of this title (relating to Centralized Prescription Dispensing), that has no patient-facing contact. For purposes of this subparagraph, patient-facing contact means any direct interaction between a pharmacy employee and a patient or patient's agent.(C) As specified in §568.006 of the Act, a Class A pharmacy may have a ratio of on-site pharmacists to pharmacy technicians/pharmacy technician trainees of 1:5 provided:(i) the Class A pharmacy:(I) dispenses no more than 20 different prescription drugs; and(II) does not produce sterile preparations including intravenous or intramuscular drugs on-site; and(ii) the following conditions are met:(I) at least four are pharmacy technicians and not pharmacy technician trainees; and(II) the pharmacy has written policies and procedures regarding the supervision of pharmacy technicians and pharmacy technician trainees, including requirements that the pharmacy technicians and pharmacy technician trainees included in a 1:5 ratio may be involved only in one process at a time. For example, a technician/trainee who is compounding non-sterile preparations or who is involved in the preparation of prescription drug orders may not also call physicians for authorization of refills.(e) Identification of pharmacy personnel. All pharmacy personnel shall be identified as follows.(1) Pharmacy technicians. All pharmacy technicians shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician, or a certified pharmacy technician, if the technician maintains current certification with the Pharmacy Technician Certification Board or any other entity providing an examination approved by the board.(2) Pharmacy technician trainees. All pharmacy technician trainees shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician trainee.(3) Pharmacist interns. All pharmacist interns shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist intern.(4) Pharmacists. All pharmacists shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist.", "sourceNote": "Source Note: The provisions of this §291.32 adopted\r\nto be effective September 14, 1988, 13 TexReg 4306; amended to be\r\neffective October 27, 1989, 14 TexReg 5494; amended to be effective\r\nSeptember 5, 1990, 15 TexReg 4807; amended to be effective January\r\n29, 1992, 17 TexReg 323; amended to be effective January 1, 1993,\r\n17 TexReg 9116; amended to be effective September 30, 1993, 18 TexReg\r\n6460; amended to be effective June 1, 1994, 19 TexReg 3921; amended\r\nto be effective March 21, 1996, 21 TexReg 2227; amended to be effective\r\nApril 7, 1997, 22 TexReg 3106; amended to be effective September 16,\r\n1999, 24 TexReg 7227; amended to be effective March 29, 2000, 25 TexReg\r\n2575; amended to be effective June 4, 2000, 25 TexReg 4778; amended\r\nto be effective August 31, 2000, 25 TexReg 8405; amended to be effective\r\nDecember 27, 2000, 25 TexReg 12690; amended to be effective September\r\n12, 2001, 26 TexReg 6891; amended to be effective September 8, 2002,\r\n27 TexReg 8214; amended to be effective June 23, 2003, 28 TexReg 4637;\r\namended to be effective March 4, 2004, 29 TexReg 1951; amended to\r\nbe effective June 6, 2004, 29 TexReg 5361; amended to be effective\r\nSeptember 18, 2007, 32 TexReg 6319; amended to be effective September\r\n7, 2008, 33 TexReg 7218; amended to be effective September 13, 2009,\r\n34 TexReg 6112; amended to be effective May 30, 2010, 35 TexReg 4165;\r\namended to be effective December 8, 2010, 35 TexReg 10690; amended\r\nto be effective September 12, 2011, 36 TexReg 5847; amended to be\r\neffective June 7, 2012, 37 TexReg 4046; amended to be effective March\r\n17, 2013, 38 TexReg1682; amended to be effective March 26, 2014,\r\n39 TexReg 2080; amended to be effective September 11, 2014, 39 TexReg\r\n7094; amended to be effective December 6, 2015, 40 TexReg 8766; amended\r\nto be effective September 6, 2017, 42 TexReg 4466; amended to be effective\r\nSeptember 16, 2018, 43 TexReg 5783; amended to be effective June 20,\r\n2019, 44 TexReg 2946; amended to be effective December 10, 2020, 45\r\nTexReg 8851; amended to be effective May 28, 2025, 50 TexReg 3127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227667", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "B", "label": "COMMUNITY PHARMACY (CLASS A)" }, "rule": { "number": "§291.33", "label": "Operational Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208164", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirements.(1) A Class A pharmacy shall register annually or biennially with the board on a pharmacy license application provided by the board, following the procedures as specified in §291.1 of this title (relating to Pharmacy License Application).(2) A Class A pharmacy which changes ownership shall notify the board within ten days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(3) A Class A pharmacy which changes location and/or name shall notify the board as specified in §291.3 of this title.(4) A Class A pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within ten days of the change, following the procedures as specified in §291.3 of this title.(5) A Class A pharmacy shall notify the board in writing within ten days of closing, following the procedures as specified in §291.5 of this title (relating to Closing a Pharmacy).(6) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(7) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance and renewal of a license and the issuance of an amended license.(8) A Class A pharmacy, licensed under the provisions of the Act, §560.051(a)(1), which also operates another type of pharmacy which would otherwise be required to be licensed under the Act, §560.051(a)(2) concerning Nuclear Pharmacy (Class B), is not required to secure a license for such other type of pharmacy; provided, however, such licensee is required to comply with the provisions of Subchapter C of this chapter (relating to Nuclear Pharmacy (Class B)), to the extent such sections are applicable to the operation of the pharmacy.(9) A Class A pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations). (10) A Class A pharmacy shall not compound sterile preparations.(11) A Class A pharmacy engaged in the provision of remote pharmacy services, including storage and dispensing of prescription drugs, shall comply with the provisions of §291.121 of this title (relating to Remote Pharmacy Services).(12) Class A pharmacy engaged in centralized prescription dispensing and/or prescription drug or medication order processing shall comply with the provisions of §291.123 of this title (relating to Central Prescription Drug or Medication Order Processing) and/or §291.125 of this title (relating to Centralized Prescription Dispensing).(b) Environment.(1) General requirements.(A) The pharmacy shall be arranged in an orderly fashion and kept clean. All required equipment shall be clean and in good operating condition.(B) A Class A pharmacy shall have a sink with hot and cold running water within the pharmacy, exclusive of restroom facilities, available to all pharmacy personnel and maintained in a sanitary condition. (C) A Class A pharmacy which serves the general public shall contain an area which is suitable for confidential patient counseling. (i) Such counseling area shall be:(I) easily accessible to both patient and pharmacists and not allow patient access to prescription drugs; and(II) designed to maintain the confidentiality and privacy of the pharmacist/patient communication.(ii) In determining whether the area is suitable for confidential patient counseling and designed to maintain the confidentiality and privacy of the pharmacist/patient communication, the board may consider factors such as the following:(I) the proximity of the counseling area to the check-out or cash register area;(II) the volume of pedestrian traffic in and around the counseling area;(III) the presence of walls or other barriers between the counseling area and other areas of the pharmacy; and(IV) any evidence of confidential information being overheard by persons other than the patient or patient's agent or the pharmacist or agents of the pharmacist.(D) The pharmacy shall be properly lighted and ventilated. (E) The temperature of the pharmacy shall be maintained within a range compatible with the proper storage of drugs. The temperature of the refrigerator shall be maintained within a range compatible with the proper storage of drugs requiring refrigeration.(F) Animals, including birds and reptiles, shall not be kept within the pharmacy and in immediately adjacent areas under the control of the pharmacy. This provision does not apply to fish in aquariums, service animals accompanying disabled persons, or animals for sale to the general public in a separate area that is inspected by local health jurisdictions.(G) If the pharmacy has flammable materials, the pharmacy shall have a designated area for the storage of flammable materials. Such area shall meet the requirements set by local and state fire laws.(2) Security.(A) Each pharmacist while on duty shall be responsible for the security of the prescription department, including provisions for effective control against theft or diversion of prescription drugs, and records for such drugs.(B) The prescription department shall be locked by key, combination or other mechanical or electronic means to prohibit unauthorized access when a pharmacist is not on-site except as provided in subparagraphs (C) and (D) of this paragraph and paragraph (3) of this subsection. The following is applicable:(i) If the prescription department is closed at any time when the rest of the facility is open, the prescription department must be physically or electronically secured. The security may be accomplished by means such as floor to ceiling walls; walls, partitions, or barriers at least 9 feet 6 inches high; electronically monitored motion detectors; pull down sliders; or other systems or technologies that will secure the pharmacy from unauthorized entrance when the pharmacy is closed. Pharmacies licensed prior to June 1, 2009, shall be exempt from this provision unless the pharmacy changes location. Change of location shall include the relocation of the pharmacy within the licensed address. A pharmacy licensed prior to June 1, 2009 that files a change of ownership but does not change location shall be exempt from the provisions.(ii) The pharmacy's key, combination, or other mechanical or electronic means of locking the pharmacy may not be duplicated without the authorization of the pharmacist-in-charge or owner.(iii) At a minimum, the pharmacy must have a basic alarm system with off-site monitoring and perimeter and motion sensors. The pharmacy may have additional security by video surveillance camera systems.(C) Prior to authorizing individuals to enter the prescription department, the pharmacist-in-charge or owner may designate persons who may enter the prescription department to perform functions, other than dispensing functions or prescription processing, documented by the pharmacist-in-charge including access to the prescription department by other pharmacists, pharmacy personnel and other individuals. The pharmacy must maintain written documentation of authorized individuals other than individuals employed by the pharmacy who accessed the prescription department when a pharmacist is not on-site.(D) Only persons designated either by name or by title including such titles as \"relief\" or \"floater\" pharmacist, in writing by the pharmacist-in-charge may unlock the prescription department except in emergency situations. An additional key to or instructions on accessing the prescription department may be maintained in a secure location outside the prescription department for use during an emergency or as designated by the pharmacist-in-charge.(E) Written policies and procedures for the pharmacy's security shall be developed and implemented by the pharmacist-in-charge and/or the owner of the pharmacy. Such policies and procedures may include quarterly audits of controlled substances commonly abused or diverted; perpetual inventories for the comparison of the receipt, dispensing, and distribution of controlled substances; monthly reports from the pharmacy's wholesaler(s) of controlled substances purchased by the pharmacy; opening and closing procedures; product storage and placement; and central management oversight.(3) Temporary absence of pharmacist.(A) On-site supervision by pharmacist.(i) If a pharmacy is staffed by only one pharmacist, the pharmacist may leave the prescription department for short periods of time without closing the prescription department and removing pharmacy technicians, pharmacy technician trainees, and other pharmacy personnel from the prescription department provided the following conditions are met:(I) at least one pharmacy technician remains in the prescription department;(II) the pharmacist remains on-site at the licensed location of the pharmacy and is immediately available;(III) the pharmacist reasonably believes that the security of the prescription department will be maintained in his or her absence. If in the professional judgment of the pharmacist, the pharmacist determines that the prescription department should close during his or her absence, then the pharmacist shall close the prescription department and remove the pharmacy technicians, pharmacy technician trainees, and other pharmacy personnel from the prescription department during his or her absence; and(IV) a notice is posted which includes the following information:(-a-) the pharmacist is on a break and the time the pharmacist will return; and(-b-) pharmacy technicians may begin the processing of prescription drug orders or refills brought in during the pharmacist's absence, but the prescription or refill may not be delivered to the patient or the patient's agent until the pharmacist verifies the accuracy of the prescription.(ii) During the time a pharmacist is absent from the prescription department, only pharmacy technicians who have completed the pharmacy's training program may perform the following duties, provided a pharmacist verifies the accuracy of all acts, tasks, and functions performed by the pharmacy technicians prior to delivery of the prescription to the patient or the patient's agent:(I) initiating and receiving refill authorization requests; (II) entering prescription data into a data processing system;(III) taking a stock bottle from the shelf for a prescription; (IV) preparing and packaging prescription drug orders (e.g., counting tablets/capsules, measuring liquids, or placing them in the prescription container);(V) affixing prescription labels and auxiliary labels to the prescription container;(VI) prepackaging and labeling prepackaged drugs;(VII) receiving oral prescription drug orders for dangerous drugs and reducing these orders to writing, either manually or electronically; (VIII) transferring or receiving a transfer of original prescription information for dangerous drugs on behalf of a patient; and(IX) contacting a prescriber for information regarding an existing prescription for a dangerous drug.(iii) Upon return to the prescription department, the pharmacist shall:(I) conduct a drug regimen review as specified in subsection (c)(2) of this section; and(II) verify the accuracy of all acts, tasks, and functions performed by the pharmacy technicians prior to delivery of the prescription to the patient or the patient's agent.(iv) An agent of the pharmacist may deliver a previously verified prescription to the patient or his or her agent provided a record of the delivery is maintained containing the following information: (I) date of the delivery;(II) unique identification number of the prescription drug order;(III) patient's name;(IV) patient's phone number or the phone number of the person picking up the prescription; and(V) signature of the person picking up the prescription.(v) Any prescription delivered to a patient when a pharmacist is not in the prescription department must meet the requirements for a prescription delivered to a patient as described in subsection (c)(1)(F) of this section.(vi) During the times a pharmacist is absent from the prescription department a pharmacist intern shall be considered a registered pharmacy technician and may perform only the duties of a registered pharmacy technician.(vii) In pharmacies with two or more pharmacists on duty, the pharmacists shall stagger their breaks and meal periods so that the prescription department is not left without a pharmacist on duty.(B) Pharmacist is off-site.(i) The prescription department must be secured with procedures for entry during the time that a pharmacy is not under the continuous on-site supervision of a pharmacist and the pharmacy is not open for pharmacy services.(ii) Pharmacy technicians and pharmacy technician trainees may not perform any duties of a pharmacy technician or pharmacy technician trainee during the time that the pharmacist is off-site.(iii) A pharmacy may use an automated dispensing and delivery system as specified in §291.121(d) of this title for pick-up of a previously verified prescription by a patient or patient's agent.(iv) An agent of the pharmacist may deliver a previously verified prescription to a patient or patient's agent during short periods of time when a pharmacist is off-site, provided the following conditions are met:(I) short periods of time may not exceed two consecutive hours in a 24 hour period;(II) a notice is posted which includes the following information:(-a-) the pharmacist is off-site and not present in the pharmacy;(-b-) no new prescriptions may be prepared at the pharmacy but previously verified prescriptions may be delivered to the patient or the patient's agent; and(-c-) the date/time when the pharmacist will return;(III) the pharmacy must maintain documentation of the absences of the pharmacist(s); and(IV) the prescription department is locked and secured to prohibit unauthorized entry.(v) During the time a pharmacist is absent from the prescription department and is off-site, a record of prescriptions delivered must be maintained and contain the following information:(I) date and time of the delivery;(II) unique identification number of the prescription drug order;(III) patient's name;(IV) patient's phone number or the phone number of the person picking up the prescription; and(V) signature of the person picking up the prescription.(vi) Any prescription delivered to a patient when a pharmacist is not on-site at the pharmacy must meet the requirements for a prescription delivered to a patient as described in subsection (c)(1)(F) of this section.(c) Prescription dispensing and delivery.(1) Patient counseling and provision of drug information.(A) To optimize drug therapy, a pharmacist shall communicate to the patient or the patient's agent information about the prescription drug or device which in the exercise of the pharmacist's professional judgment the pharmacist deems significant, such as the following:(i) name and description of the drug or device;(ii) dosage form, dosage, route of administration, and duration of drug therapy;(iii) special directions and precautions for preparation, administration, and use by the patient;(iv) common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if they occur;(v) techniques for self-monitoring of drug therapy;(vi) proper storage;(vii) refill information; and(viii) action to be taken in the event of a missed dose.(B) Such communication shall be:(i) provided to new and existing patients of a pharmacy with each new prescription drug order. A new prescription drug order is one that has not been dispensed by the pharmacy to the patient in the same dosage and strength within the last year;(ii) provided for any prescription drug order dispensed by the pharmacy on the request of the patient or patient's agent;(iii) communicated orally unless the patient or patient's agent is not at the pharmacy or a specific communication barrier prohibits such oral communication;(iv) documented by recording the initials or identification code of the pharmacist providing the counseling in the prescription dispensing record as follows:(I) on the original hard-copy prescription, provided the counseling pharmacist clearly records his or her initials on the prescription for the purpose of identifying who provided the counseling;(II) in the pharmacy's data processing system;(III) in an electronic logbook; or(IV) in a hard-copy log; and(v) reinforced with written information relevant to the prescription and provided to the patient or patient's agent. The following is applicable concerning this written information:(I) Written information must be in plain language designed for the patient and printed in an easily readable font size comparable to but no smaller than ten-point Times Roman. This information may be provided to the patient in an electronic format, such as by e-mail, unless the patient or patient's agent requests the information in a hard-copy format.(II) When a compounded preparation is dispensed, information shall be provided for the major active ingredient(s), if available.(III) For new drug entities, if no written information is initially available, the pharmacist is not required to provide information until such information is available, provided:(-a-) the pharmacist informs the patient or the patient's agent that the product is a new drug entity and written information is not available;(-b-) the pharmacist documents the fact that no written information was provided; and(-c-) if the prescription is refilled after written information is available, such information is provided to the patient or patient's agent.(IV) The written information accompanying the prescription or the prescription label shall contain the statement \"Do not flush unused medications or pour down a sink or drain.\" A drug product on a list developed by the Federal Food and Drug Administration of medicines recommended for disposal by flushing is not required to bear this statement.(C) Only a pharmacist may verbally provide drug information to a patient or patient's agent and answer questions concerning prescription drugs. Non-pharmacist personnel and/or the pharmacy's computer system may not ask questions of a patient or patient's agent which are intended to screen and/or limit interaction with the pharmacist.(D) Nothing in this subparagraph shall be construed as requiring a pharmacist to provide consultation when a patient or patient's agent refuses such consultation. The pharmacist shall document such refusal for consultation.(E) In addition to the requirements of subparagraphs (A) - (D) of this paragraph, if a prescription drug order is delivered to the patient at the pharmacy, the following is applicable:(i) So that a patient will have access to information concerning his or her prescription, a prescription may not be delivered to a patient unless a pharmacist is in the pharmacy, except as provided in subsection (b)(3) of this section.(ii) Any prescription delivered to a patient when a pharmacist is not in the pharmacy must meet the requirements described in subparagraph (F) of this paragraph.(F) In addition to the requirements of subparagraphs (A) - (D) of this paragraph, if a prescription drug order is delivered to the patient or his or her agent at the patient's residence or other designated location, the following is applicable:(i) The information as specified in subparagraph (A) of this paragraph shall be delivered with the dispensed prescription in writing.(ii) If prescriptions are routinely delivered outside the area covered by the pharmacy's local telephone service, the pharmacy shall provide a toll-free telephone line which is answered during normal business hours to enable communication between the patient and a pharmacist.(iii) The pharmacist shall place on the prescription container or on a separate sheet delivered with the prescription container in both English and Spanish the local and, if applicable, toll-free telephone number of the pharmacy and the statement: \"Written information about this prescription has been provided for you. Please read this information before you take the medication. If you have questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions at (insert the pharmacy's local and toll-free telephone numbers).\"(iv) The pharmacy shall maintain and use adequate storage or shipment containers and use shipping processes to ensure drug stability and potency. Such shipping processes shall include the use of appropriate packaging material and/or devices to ensure that the drug is maintained at an appropriate temperature range to maintain the integrity of the medication throughout the delivery process.(v) The pharmacy shall use a delivery system which is designed to ensure that the drugs are delivered to the appropriate patient.(G) The provisions of this paragraph do not apply to patients in facilities where drugs are administered to patients by a person required to do so by the laws of the state (i.e., nursing homes).(2) Pharmaceutical care services.(A) Drug regimen review.(i) For the purpose of promoting therapeutic appropriateness, a pharmacist shall, prior to or at the time of dispensing a prescription drug order, review the patient's medication record. Such review shall at a minimum identify clinically significant:(I) known allergies;(II) rational therapy-contraindications;(III) reasonable dose and route of administration;(IV) reasonable directions for use;(V) duplication of therapy;(VI) drug-drug interactions;(VII) drug-food interactions;(VIII) drug-disease interactions;(IX) adverse drug reactions; and(X) proper utilization, including overutilization or underutilization.(ii) Upon identifying any clinically significant conditions, situations, or items listed in clause (i) of this subparagraph, the pharmacist shall take appropriate steps to avoid or resolve the problem including consultation with the prescribing practitioner. The pharmacist shall document such occurrences as specified in subparagraph (C) of this paragraph.(iii) The drug regimen review may be conducted by remotely accessing the pharmacy's electronic database from outside the pharmacy by:(I) an individual Texas licensed pharmacist employee of the pharmacy provided the pharmacy establishes controls to protect the privacy of the patient and the security of confidential records; or(II) a pharmacist employed by a Class E pharmacy provided the pharmacies have entered into a written contract or agreement which outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations.(iv) Prior to dispensing, any questions regarding a prescription drug order must be resolved with the prescriber and written documentation of these discussions made and maintained as specified in subparagraph (C) of this paragraph.(B) Other pharmaceutical care services which may be provided by pharmacists include, but are not limited to, the following:(i) managing drug therapy as delegated by a practitioner as allowed under the provisions of the Medical Practice Act;(ii) administering immunizations and vaccinations under written protocol of a physician;(iii) managing patient compliance programs;(iv) providing preventative health care services; and(v) providing case management of patients who are being treated with high-risk or high-cost drugs, or who are considered \"high risk\" due to their age, medical condition, family history, or related concern.(C) Documentation of consultation. When a pharmacist consults a prescriber as described in subparagraph (A) of this paragraph, the pharmacist shall document on the prescription or in the pharmacy's data processing system associated with the prescription such occurrences and shall include the following information:(i) date the prescriber was consulted;(ii) name of the person communicating the prescriber's instructions;(iii) any applicable information pertaining to the consultation; and(iv) initials or identification code of the pharmacist performing the consultation clearly recorded for the purpose of identifying the pharmacist who performed the consultation.(3) Substitution of generically equivalent drugs or interchangeable biological products. A pharmacist may dispense a generically equivalent drug or interchangeable biological product and shall comply with the provisions of §309.3 of this title (relating to Substitution Requirements).(4) Substitution of dosage form.(A) As specified in §562.012 of the Act, a pharmacist may dispense a dosage form of a drug product different from that prescribed, such as a tablet instead of a capsule or liquid instead of tablets, provided:(i) the patient consents to the dosage form substitution; and(ii) the dosage form so dispensed:(I) contains the identical amount of the active ingredients as the dosage prescribed for the patient;(II) is not an enteric-coated or time release product; and(III) does not alter desired clinical outcomes.(B) Substitution of dosage form may not include the substitution of a product that has been compounded by the pharmacist unless the pharmacist contacts the practitioner prior to dispensing and obtains permission to dispense the compounded product.(5) Therapeutic Drug Interchange. A switch to a drug providing a similar therapeutic response to the one prescribed shall not be made without prior approval of the prescribing practitioner. This paragraph does not apply to generic substitution. For generic substitution, see the requirements of paragraph (3) of this subsection.(A) The patient shall be notified of the therapeutic drug interchange prior to, or upon delivery of, the dispensed prescription to the patient. Such notification shall include:(i) a description of the change;(ii) the reason for the change;(iii) whom to notify with questions concerning the change; and(iv) instructions for return of the drug if not wanted by the patient.(B) The pharmacy shall maintain documentation of patient notification of therapeutic drug interchange which shall include:(i) the date of the notification;(ii) the method of notification;(iii) a description of the change; and(iv) the reason for the change.(C) The provisions of this paragraph do not apply to prescriptions for patients in facilities where drugs are administered to patients by a person required to do so by the laws of this state if the practitioner issuing the prescription has agreed to use of a formulary that includes a listing of therapeutic interchanges that the practitioner has agreed to allow. The pharmacy must maintain a copy of the formulary including a list of the practitioners that have agreed to the formulary and the signatures of these practitioners.(6) Prescription containers.(A) A drug dispensed pursuant to a prescription drug order shall be dispensed in a child-resistant container unless:(i) the patient or the practitioner requests the prescription not be dispensed in a child-resistant container; or(ii) the product is exempted from requirements of the Poison Prevention Packaging Act of 1970.(B) A drug dispensed pursuant to a prescription drug order shall be dispensed in an appropriate container as specified on the manufacturer's container.(C) Prescription containers or closures shall not be re-used. However, if a patient or patient's agent has difficulty reading or understanding a prescription label, a prescription container may be reused provided:(i) the container is designed to provide audio-recorded information about the proper use of the prescription medication;(ii) the container is reused for the same patient;(iii) the container is cleaned; and(iv) a new safety closure is used each time the prescription container is reused.(7) Labeling.(A) At the time of delivery of the drug, the dispensing container shall bear a label in plain language and printed in an easily readable font size, unless otherwise specified, with at least the following information:(i) name, address and phone number of the pharmacy;(ii) unique identification number of the prescription that is printed in an easily readable font size comparable to but no smaller than ten-point Times Roman;(iii) date the prescription is dispensed;(iv) initials or an identification code of the dispensing pharmacist;(v) name of the prescribing practitioner;(vi) if the prescription was signed by a pharmacist, the name of the pharmacist who signed the prescription for a dangerous drug under delegated authority of a physician as specified in Subtitle B, Chapter 157, Occupations Code;(vii) name of the patient or if such drug was prescribed for an animal, the species of the animal and the name of the owner that is printed in an easily readable font size comparable to but no smaller than ten-point Times Roman. The name of the patient's partner or family member is not required to be on the label of a drug prescribed for a partner for a sexually transmitted disease or for a patient's family members if the patient has an illness determined by the Centers for Disease Control and Prevention, the World Health Organization, or the Governor's office to be pandemic;(viii) instructions for use that are printed in an easily readable font size comparable to but no smaller than ten-point Times Roman;(ix) quantity dispensed;(x) appropriate ancillary instructions such as storage instructions or cautionary statements such as warnings of potential harmful effects of combining the drug product with any product containing alcohol;(xi) if the prescription is for a Schedule II - IV controlled substance, the statement \"Caution: Federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed\";(xii) if the pharmacist has selected a generically equivalent drug or interchangeable biological product pursuant to the provisions of the Act, Chapter 562, the statement \"Substituted for Brand Prescribed\" or \"Substituted for 'Brand Name'\" where \"Brand Name\" is the actual name of the brand name product prescribed; (xiii) the name and strength of the actual drug or biological product dispensed that is printed in an easily readable size comparable to but no smaller than ten-point Times Roman, unless otherwise directed by the prescribing practitioner;(I) The name shall be either:(-a-) the brand name; or(-b-) if no brand name, then the generic drug or interchangeable biological product name and name of the manufacturer or distributor of such generic drug or interchangeable biological product. (The name of the manufacturer or distributor may be reduced to an abbreviation or initials, provided the abbreviation or initials are sufficient to identify the manufacturer or distributor. For combination drug products or non-sterile compounded drug preparations having no brand name, the principal active ingredients shall be indicated on the label).(II) Except as provided in clause (xii) of this subparagraph, the brand name of the prescribed drug or biological product shall not appear on the prescription container label unless it is the drug product actually dispensed.(xiv) if the drug is dispensed in a container other than the manufacturer's original container, the date after which the prescription should not be used or beyond-use-date. Unless otherwise specified by the manufacturer, the beyond-use-date shall be one year from the date the drug is dispensed or the manufacturer's expiration date, whichever is earlier. The beyond-use-date may be placed on the prescription label or on a flag label attached to the bottle. A beyond-use-date is not required on the label of a prescription dispensed to a person at the time of release from prison or jail if the prescription is for not more than a 10-day supply of medication; and(xv) either on the prescription label or the written information accompanying the prescription, the statement \"Do not flush unused medications or pour down a sink or drain.\" A drug product on a list developed by the Federal Food and Drug Administration of medicines recommended for disposal by flushing is not required to bear this statement.(B) If the prescription label required in subparagraph (A) of this paragraph is printed in a type size smaller than ten-point Times Roman, the pharmacy shall provide the patient written information containing the information as specified in subparagraph (A) of this paragraph in an easily readable font size comparable to but no smaller than ten-point Times Roman.(C) The label is not required to include the initials or identification code of the dispensing pharmacist as specified in subparagraph (A) of this paragraph if the identity of the dispensing pharmacist is recorded in the pharmacy's data processing system. The record of the identity of the dispensing pharmacist shall not be altered in the pharmacy's data processing system.(D) The dispensing container is not required to bear the label as specified in subparagraph (A) of this paragraph if:(i) the drug is prescribed for administration to an ultimate user who is institutionalized in a licensed health care institution (e.g., nursing home, hospice, hospital);(ii) no more than a 90-day supply is dispensed at one time;(iii) the drug is not in the possession of the ultimate user prior to administration;(iv) the pharmacist-in-charge has determined that the institution:(I) maintains medication administration records which include adequate directions for use for the drug(s) prescribed;(II) maintains records of ordering, receipt, and administration of the drug(s); and(III) provides for appropriate safeguards for the control and storage of the drug(s); and(v) the dispensing container bears a label that adequately: (I) identifies the:(-a-) pharmacy by name and address;(-b-) unique identification number of the prescription;(-c-) name and strength of the drug dispensed;(-d-) name of the patient; and(-e-) name of the prescribing practitioner or, if applicable, the name of the pharmacist who signed the prescription drug order;(II) if the drug is dispensed in a container other than the manufacturer's original container, specifies the date after which the prescription should not be used or beyond-use-date. Unless otherwise specified by the manufacturer, the beyond-use-date shall be one year from the date the drug is dispensed or the manufacturer's expiration date, whichever is earlier. The beyond-use-date may be placed on the prescription label or on a flag label attached to the bottle. A beyond-use-date is not required on the label of a prescription dispensed to a person at the time of release from prison or jail if the prescription is for not more than a 10-day supply of medication; and(III) sets forth the directions for use and cautionary statements, if any, contained on the prescription drug order or required by law.(8) Returning Undelivered Medication to Stock.(A) A pharmacist may not accept an unused prescription or drug, in whole or in part, for the purpose of resale or re-dispensing to any person after the prescription or drug has been originally dispensed or sold, except as provided in §291.8 of this title (relating to Return of Prescription Drugs) or Subchapter M, Chapter 431, Health and Safety Code, or Chapter 442, Health and Safety Code. Prescriptions that have not been picked up by or delivered to the patient or patient's agent may be returned to the pharmacy's stock for dispensing.(B) A pharmacist shall evaluate the quality and safety of the prescriptions to be returned to stock.(C) Prescriptions returned to stock for dispensing shall not be mixed within the manufacturer's container.(D) Prescriptions returned to stock for dispensing should be used as soon as possible and stored in the dispensing container. The expiration date of the medication shall be the lesser of one year from the dispensing date on the prescription label or the manufacturer's expiration date if dispensed in the manufacturer's original container. (E) At the time of dispensing, the prescription medication shall be placed in a new prescription container and not dispensed in the previously labeled container unless the label can be completely removed. However, if the medication is in the manufacturer's original container, the pharmacy label must be removed so that no confidential patient information is released.(9) Redistribution of Donated Prepackaged Prescription Drugs.(A) A participating provider may dispense to a recipient donated prescription drugs that are prepackaged and labeled in accordance with §442.0515, Health and Safety Code, and this paragraph.(B) Drugs may be prepackaged in quantities suitable for distribution to a recipient only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.(C) The label of a prepackaged prescription drug a participating provider dispenses to a recipient shall indicate:(i) brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;(ii) participating provider's lot number;(iii) participating provider's beyond use date; and(iv) quantity of the drug, if the quantity is greater than one.(D) Records of prepackaged prescription drugs dispensed to a recipient shall be maintained to show:(i) name of the drug, strength, and dosage form;(ii) participating provider's lot number;(iii) manufacturer or distributor;(iv) manufacturer's lot number;(v) manufacturer's expiration date;(vi) quantity per prepackaged unit;(vii) number of prepackaged units;(viii) date packaged;(ix) name, initials, or written or electronic signature of the prepacker; and(x) written or electronic signature of the responsible pharmacist.(E) Stock packages, repackaged units, and control records shall be quarantined together until checked/released by the pharmacist.(d) Equipment and supplies. Class A pharmacies dispensing prescription drug orders shall have the following equipment and supplies: (1) data processing system including a printer or comparable equipment;(2) refrigerator;(3) adequate supply of child-resistant, light-resistant, tight, and if applicable, glass containers;(4) adequate supply of prescription, poison, and other applicable labels;(5) appropriate equipment necessary for the proper preparation of prescription drug orders; and(6) metric-apothecary weight and measure conversion charts.(e) Library. A reference library shall be maintained which includes the following in hard-copy or electronic format:(1) current copies of the following:(A) Texas Pharmacy Act and rules;(B) Texas Dangerous Drug Act and rules;(C) Texas Controlled Substances Act and rules; and(D) Federal Controlled Substances Act and rules (or official publication describing the requirements of the Federal Controlled Substances Act and rules);(2) at least one current or updated reference from each of the following categories:(A) a patient prescription drug information reference text or leaflets which are designed for the patient and must be available to the patient;(B) at least one current or updated general drug information reference which is required to contain drug interaction information including information needed to determine severity or significance of the interaction and appropriate recommendations or actions to be taken; and(C) if the pharmacy dispenses veterinary prescriptions, a general reference text on veterinary drugs; and(3) basic antidote information and the telephone number of the nearest Regional Poison Control Center.(f) Drugs.(1) Procurement and storage.(A) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff relative to such responsibility.(B) Prescription drugs and devices and nonprescription Schedule V controlled substances shall be stored within the prescription department or a locked storage area.(C) All drugs shall be stored at the proper temperature, as defined in the USP/NF and §291.15 of this title (relating to Storage of Drugs).(2) Out-of-date drugs or devices.(A) Any drug or device bearing an expiration date shall not be dispensed beyond the expiration date of the drug or device.(B) Outdated drugs or devices shall be removed from dispensing stock and shall be quarantined together until such drugs or devices are disposed of properly.(3) Nonprescription Schedule V controlled substances.(A) Schedule V controlled substances containing codeine, dihydrocodeine, or any of the salts of codeine or dihydrocodeine may not be distributed without a prescription drug order from a practitioner. (B) A pharmacist may distribute nonprescription Schedule V controlled substances which contain no more than 15 milligrams of opium per 29.5729 ml or per 28.35 Gm provided:(i) such distribution is made only by a pharmacist; a nonpharmacist employee may not distribute a nonprescription Schedule V controlled substance even if under the supervision of a pharmacist; however, after the pharmacist has fulfilled professional and legal responsibilities, the actual cash, credit transaction, or delivery may be completed by a nonpharmacist:(ii) not more than 240 ml (eight fluid ounces), or not more than 48 solid dosage units of any substance containing opium, may be distributed to the same purchaser in any given 48-hour period without a prescription drug order;(iii) the purchaser is at least 18 years of age; and(iv) the pharmacist requires every purchaser not known to the pharmacist to furnish suitable identification (including proof of age where appropriate).(C) A record of such distribution shall be maintained by the pharmacy in a bound record book. The record shall contain the following information:(i) true name of the purchaser;(ii) current address of the purchaser;(iii) name and quantity of controlled substance purchased; (iv) date of each purchase; and(v) signature or written initials of the distributing pharmacist.(4) Class A Pharmacies may not sell, purchase, trade or possess prescription drug samples, unless the pharmacy meets the requirements as specified in §291.16 of this title (relating to Samples).(g) Prepackaging of drugs.(1) Drugs may be prepackaged in quantities suitable for internal distribution only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.(2) The label of a prepackaged unit shall indicate:(A) brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;(B) facility's lot number;(C) facility's beyond use date; and(D) quantity of the drug, if the quantity is greater than one.(3) Records of prepackaging shall be maintained to show:(A) name of the drug, strength, and dosage form;(B) facility's lot number;(C) manufacturer or distributor;(D) manufacturer's lot number;(E) manufacturer's expiration date;(F) quantity per prepackaged unit;(G) number of prepackaged units;(H) date packaged;(I) name, initials, or electronic signature of the prepacker; and(J) signature, or electronic signature of the responsible pharmacist.(4) Stock packages, repackaged units, and control records shall be quarantined together until checked/released by the pharmacist.(h) Customized patient medication packages.(1) Purpose. In lieu of dispensing two or more prescribed drug products in separate containers, a pharmacist may, with the consent of the patient, the patient's caregiver, or the prescriber, provide a customized patient medication package (patient med-pak).(2) Label.(A) The patient med-pak shall bear a label stating:(i) the name of the patient;(ii) the unique identification number for the patient med-pak itself and a separate unique identification number for each of the prescription drug orders for each of the drug products contained therein;(iii) the name, strength, physical description or identification, and total quantity of each drug product contained therein;(iv) the directions for use and cautionary statements, if any, contained in the prescription drug order for each drug product contained therein;(v) if applicable, a warning of the potential harmful effect of combining any form of alcoholic beverage with any drug product contained therein;(vi) any storage instructions or cautionary statements required by the official compendia;(vii) the name of the prescriber of each drug product;(viii) the name, address, and telephone number of the pharmacy;(ix) the initials or an identification code of the dispensing pharmacist;(x) the date after which the prescription should not be used or beyond-use-date. Unless otherwise specified by the manufacturer, the beyond-use-date shall be one year from the date the med-pak is dispensed or the earliest manufacturer's expiration date for a product contained in the med-pak if it is less than one-year from the date dispensed. The beyond-use-date may be placed on the prescription label or on a flag label attached to the bottle. A beyond-use-date is not required on the label of a prescription dispensed to a person at the time of release from prison or jail if the prescription is for not more than a 10-day supply of medication;(xi) either on the prescription label or the written information accompanying the prescription, the statement \"Do not flush unused medications or pour down a sink or drain.\" A drug product on a list developed by the Federal Food and Drug Administration of medicines recommended for disposal by flushing is not required to bear this statement; and(xii) any other information, statements, or warnings required for any of the drug products contained therein.(B) If the patient med-pak allows for the removal or separation of the intact containers therefrom, each individual container shall bear a label identifying each of the drug product contained therein.(C) The dispensing container is not required to bear the label as specified in subparagraph (A) of this paragraph if:(i) the drug is prescribed for administration to an ultimate user who is institutionalized in a licensed health care institution (e.g., nursing home, hospice, hospital);(ii) no more than a 90-day supply is dispensed at one time;(iii) the drug is not in the possession of the ultimate user prior to administration;(iv) the pharmacist-in-charge has determined that the institution:(I) maintains medication administration records which include adequate directions for use for the drug(s) prescribed;(II) maintains records of ordering, receipt, and administration of the drug(s); and(III) provides for appropriate safeguards for the control and storage of the drug(s); and(v) the dispensing container bears a label that adequately: (I) identifies the:(-a-) pharmacy by name and address;(-b-) name and strength of each drug product dispensed;(-c-) name of the patient; and(-d-) name of the prescribing practitioner of each drug product, or the pharmacist who signed the prescription drug order;(II) the date after which the prescription should not be used or beyond-use-date. Unless otherwise specified by the manufacturer, the beyond-use-date shall be one year from the date the med-pak is dispensed or the earliest manufacturer's expiration date for a product contained in the med-pak if it is less than one-year from the date dispensed. The beyond-use-date may be placed on the prescription label or on a flag label attached to the bottle. A beyond-use-date is not required on the label of a prescription dispensed to a person at the time of release from prison or jail if the prescription is for not more than a 10-day supply of medication; and(III) for each drug product sets forth the directions for use and cautionary statements, if any, contained on the prescription drug order or required by law.(3) Labeling. The patient med-pak shall be accompanied by a patient package insert, in the event that any drug contained therein is required to be dispensed with such insert as accompanying labeling. Alternatively, such required information may be incorporated into a single, overall educational insert provided by the pharmacist for the total patient med-pak.(4) Packaging. In the absence of more stringent packaging requirements for any of the drug products contained therein, each container of the patient med-pak shall comply with official packaging standards. Each container shall be either not reclosable or so designed as to show evidence of having been opened.(5) Guidelines. It is the responsibility of the dispensing pharmacist when preparing a patient med-pak, to take into account any applicable compendial requirements or guidelines and the physical and chemical compatibility of the dosage forms placed within each container, as well as any therapeutic incompatibilities that may attend the simultaneous administration of the drugs.(6) Recordkeeping. In addition to any individual prescription filing requirements, a record of each patient med-pak shall be made and filed. Each record shall contain, as a minimum:(A) the name and address of the patient;(B) the unique identification number for the patient med-pak itself and a separate unique identification number for each of the prescription drug orders for each of the drug products contained therein;(C) the name of the manufacturer or distributor and lot number for each drug product contained therein;(D) information identifying or describing the design, characteristics, or specifications of the patient med-pak sufficient to allow subsequent preparation of an identical patient med-pak for the patient;(E) the date of preparation of the patient med-pak and the beyond-use date that was assigned;(F) any special labeling instructions; and(G) the initials or an identification code of the dispensing pharmacist.(7) The patient med-pak label is not required to include the initials or identification code of the dispensing pharmacist as specified in paragraph (2)(A) of this subsection if the identity of the dispensing pharmacist is recorded in the pharmacy's data processing system. The record of the identity of the dispensing pharmacist shall not be altered in the pharmacy's data processing system.(i) Automated devices and systems in a pharmacy.(1) Automated counting devices. If a pharmacy uses automated counting devices:(A) the pharmacy shall have a method to calibrate and verify the accuracy of the automated counting device and document the calibration and verification on a routine basis;(B) the devices may be loaded with bulk drugs only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist;(C) the label of an automated counting device container containing a bulk drug shall indicate the brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;(D) records of loading bulk drugs into an automated counting device shall be maintained to show:(i) name of the drug, strength, and dosage form;(ii) manufacturer or distributor;(iii) manufacturer's lot number;(iv) expiration date;(v) date of loading;(vi) name, initials, or electronic signature of the person loading the automated counting device; and(vii) name, initials, or electronic signature of the responsible pharmacist; and(E) the automated counting device shall not be used until a pharmacist verifies that the system is properly loaded and affixes his or her name, initials, or electronic signature to the record as specified in subparagraph (D) of this paragraph.(2) Automated pharmacy dispensing systems.(A) Authority to use automated pharmacy dispensing systems. A pharmacy may use an automated pharmacy dispensing system to fill prescription drug orders provided that:(i) the pharmacist-in-charge is responsible for the supervision of the operation of the system;(ii) the automated pharmacy dispensing system has been tested by the pharmacy and found to dispense accurately. The pharmacy shall make the results of such testing available to the board upon request; and(iii) the pharmacy will make the automated pharmacy dispensing system available for inspection by the board for the purpose of validating the accuracy of the system.(B) Automated pharmacy dispensing systems may be stocked or loaded by a pharmacist or by a pharmacy technician or pharmacy technician trainee under the supervision of a pharmacist.(C) Quality assurance program. A pharmacy which uses an automated pharmacy dispensing system to fill prescription drug orders shall operate according to a quality assurance program of the automated pharmacy dispensing system which:(i) requires continuous monitoring of the automated pharmacy dispensing system; and(ii) establishes mechanisms and procedures to test the accuracy of the automated pharmacy dispensing system at least every twelve months and whenever any upgrade or change is made to the system and documents each such activity.(D) Policies and procedures of operation.(i) When an automated pharmacy dispensing system is used to fill prescription drug orders, it shall be operated according to written policies and procedures of operation. The policies and procedures of operation shall:(I) provide for a pharmacist's review, approval, and accountability for the transmission of each original or new prescription drug order to the automated pharmacy dispensing system before the transmission is made;(II) provide for access to the automated pharmacy dispensing system for stocking and retrieval of medications which is limited to licensed healthcare professionals or pharmacy technicians acting under the supervision of a pharmacist;(III) require that a pharmacist checks, verifies, and documents that the correct medication and strength of bulk drugs, prepackaged containers, or manufacturer's unit of use packages were properly stocked, filled, and loaded in the automated pharmacy dispensing system prior to initiating the fill process; alternatively, an electronic verification system may be used for verification of manufacturer's unit of use packages or prepacked medication previously verified by a pharmacist;(IV) provide for an accountability record to be maintained that documents all transactions relative to stocking and removing medications from the automated pharmacy dispensing system;(V) require a prospective drug regimen review is conducted as specified in subsection (c)(2) of this section; and(VI) establish and make provisions for documentation of a preventative maintenance program for the automated pharmacy dispensing system.(ii) A pharmacy that uses an automated pharmacy dispensing system to fill prescription drug orders shall, at least annually, review its written policies and procedures, revise them if necessary, and document the review.(E) Recovery Plan. A pharmacy that uses an automated pharmacy dispensing system to fill prescription drug orders shall maintain a written plan for recovery from a disaster or any other situation which interrupts the ability of the automated pharmacy dispensing system to provide services necessary for the operation of the pharmacy. The written plan for recovery shall include:(i) planning and preparation for maintaining pharmacy services when an automated pharmacy dispensing system is experiencing downtime;(ii) procedures for response when an automated pharmacy dispensing system is experiencing downtime; and(iii) procedures for the maintenance and testing of the written plan for recovery.(F) Final check of prescriptions dispensed using an automated pharmacy dispensing system. For the purpose of §291.32(c)(2)(D) of this title (relating to Personnel), a pharmacist must perform the final check of all prescriptions prior to delivery to the patient to ensure that the prescription is dispensed accurately as prescribed.(i) This final check shall be considered accomplished if:(I) a check of the final product is conducted by a pharmacist after the automated pharmacy dispensing system has completed the prescription and prior to delivery to the patient; or(II) the following checks are conducted:(-a-) if the automated pharmacy dispensing system contains bulk stock drugs, a pharmacist verifies that those drugs have been accurately stocked as specified in subparagraph (D)(i)(III) of this paragraph;(-b-) if the automated pharmacy dispensing system contains manufacturer's unit of use packages or prepackaged medication previously verified by a pharmacist, an electronic verification system has confirmed that the medications have been accurately stocked as specified in subparagraph (D)(i)(III) of this paragraph;(-c-) a pharmacist checks the accuracy of the data entry of each original or new prescription drug order entered into the automated pharmacy dispensing system; and(-d-) an electronic verification process is used to verify the proper prescription label has been affixed to the correct medication container, prepackaged medication or manufacturer unit of use package for the correct patient.(ii) If the final check is accomplished as specified in clause (i)(II) of this subparagraph, the following additional requirements must be met:(I) the dispensing process must be fully automated from the time the pharmacist releases the prescription to the automated pharmacy dispensing system until a completed, labeled prescription ready for delivery to the patient is produced;(II) the pharmacy has conducted initial testing and has a continuous quality assurance program which documents that the automated pharmacy dispensing system dispenses accurately as specified in subparagraph (C) of this paragraph;(III) the automated pharmacy dispensing system documents and maintains:(-a-) the name(s), initials, or identification code(s) of each pharmacist responsible for the checks outlined in clause (i)(II) of this subparagraph; and(-b-) the name(s), initials, or identification code(s) and specific activity(ies) of each pharmacist, pharmacy technician, or pharmacy technician trainee who performs any other portion of the dispensing process; and(IV) the pharmacy establishes mechanisms and procedures to test the accuracy of the automated pharmacy dispensing system at least every month rather than every twelve months as specified in subparagraph (C) of this paragraph.(3) Automated checking device.(A) For the purpose of §291.32(c)(2)(D) of this title, the final check of a dispensed prescription shall be considered accomplished using an automated checking device provided a check of the final product is conducted by a pharmacist prior to delivery to the patient or the following checks are performed:(i) the drug used to fill the order is checked through the use of an automated checking device which verifies that the drug is labeled and packaged accurately; and(ii) a pharmacist checks the accuracy of each original or new prescription drug order and is responsible for the final check of the order through the automated checking device.(B) If the final check is accomplished as specified in subparagraph (A) of this paragraph, the following additional requirements must be met:(i) the pharmacy has conducted initial testing of the automated checking device and has a continuous quality assurance program which documents that the automated checking device accurately confirms that the correct drug and strength has been labeled with the correct label for the correct patient;(ii) the pharmacy documents and maintains:(I) the name(s), initials, or identification code(s) of each pharmacist responsible for the checks outlined in subparagraph (A)(i) of this paragraph; and(II) the name(s) initials, or identification code(s) and specific activity(ies) of each pharmacist, pharmacy technician, or pharmacy technician trainee who performs any other portion of the dispensing process;(iii) the pharmacy establishes mechanisms and procedures to test the accuracy of the automated checking device at least monthly; and(iv) the pharmacy establishes procedures to ensure that errors identified by the automated checking device may not be overridden by a pharmacy technician and must be reviewed and corrected by a pharmacist.", "sourceNote": "Source Note: The provisions of this §291.33\r\nadopted to be effective September 14, 1988, 13 TexReg 4306; amended\r\nto be effective February 1, 1989, 14 TexReg 453; amended to be effective\r\nSeptember 5, 1990, 15 TexReg 4807; amended to be effective January\r\n29, 1992, 17 TexReg 323; amended to be effective January 1, 1993,\r\n17 TexReg 9116; amended to be effective January 4, 1994, 18 TexReg\r\n9853; amended to be effective June 1, 1994, 19 TexReg 3921; amended\r\nto be effective December 1, 1994, 19 TexReg 9179; amended to be effective\r\nMarch 21, 1996, 21 TexReg 2227; amended to be effective April 7, 1997,\r\n22 TexReg 3106; amended to be effective March 29, 2000, 25 TexReg\r\n2575; amended to be effective June 4, 2000, 25 TexReg 4778; amended\r\nto be effective August 31, 2000, 25 TexReg 8405; amended to be effective\r\nDecember 27, 2000, 25 TexReg 12690; amended to be effective June 20,\r\n2001, 26 TexReg 4478; amended to be effective December 19, 2001, 26\r\nTexReg 10311; amended to be effective June 1, 2002, 27 TexReg 1736;\r\namended to be effective December 15, 2002, 27 TexReg 11537; amended\r\nto be effective June 23, 2003, 28 TexReg 4637; amended to be effective\r\nMarch 4, 2004, 29 TexReg 1951; amended to be effective June 6, 2004,\r\n29 TexReg 5361; amended to be effective June 12, 2005, 30 TexReg 3208;\r\namended to be effective June 11, 2006, 31 TexReg 4629; amended to\r\nbe effective March 6, 2008, 33 TexReg 1784; amended to be effective\r\nSeptember 7, 2008, 33 TexReg 7218; amended to be effective December\r\n14, 2008, 33 TexReg 10027; amended to be effective March 12, 2009,\r\n34 TexReg 1593; amended to be effective June 7, 2009, 34 TexReg 3391;\r\namended to be effective December 6, 2009, 34 TexReg 8691; amended\r\nto be effective May 30, 2010, 35 TexReg 4165; amended to be effective\r\nDecember 8, 2010, 35 TexReg 10690; amended to be effective March 10,\r\n2011, 36 TexReg 1517; amended to be effective September 12, 2011,\r\n36 TexReg 5847; amended to be effective June 7, 2012, 37 TexReg 4046;\r\namended to be effective June 12, 2013, 38 TexReg 3592; amended to\r\nbe effective December 10, 2013, 38 TexReg 8835; amended to be effective\r\nSeptember 11, 2014, 39 TexReg 7094; amended to be effective December\r\n7, 2014, 39 TexReg 9345; amended to be effective December 6, 2015,\r\n40 TexReg 8766; amended to be effective September 11, 2016, 41 TexReg\r\n6697; amended to be effective September 6, 2017, 42 TexReg 4466; amended\r\n to be effective June 7, 2018, 43 TexReg 3587; amended to be effective\r\nSeptember 16, 2018, 43 TexReg 5783; amended to be effective March\r\n12, 2019, 44 TexReg 1320; amended to be effective December 10, 2020,\r\n45 TexReg 8852; amended to be effective August 24, 2022, 47 TexReg\r\n4976; amended to be effective December 6, 2022, 47 TexReg 8041; amended\r\nto be effective December 4, 2023, 48 TexReg 7049; amended to be effective\r\nDecember 30, 2024, 49 TexReg 10647; amended to be effective March\r\n1, 2026, 51 TexReg 1132." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208164", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "B", "label": "COMMUNITY PHARMACY (CLASS A)" }, "rule": { "number": "§291.34", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Maintenance of records.(1) Every inventory or other record required to be kept under the provisions of Subchapter B of this chapter (relating to Community Pharmacy (Class A)) shall be:(A) kept by the pharmacy at the pharmacy's licensed location and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in a mutually agreeable electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(2) Records of controlled substances listed in Schedule II shall be maintained separately from all other records of the pharmacy.(3) Records of controlled substances, other than prescription drug orders, listed in Schedules III-V shall be maintained separately or readily retrievable from all other records of the pharmacy. For purposes of this subsection, readily retrievable means that the controlled substances shall be asterisked, red-lined, or in some other manner readily identifiable apart from all other items appearing on the record.(4) Records, except when specifically required to be maintained in original or hard copy form, may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:(A) the records maintained in the alternative system contain all of the information required on the manual record; and(B) the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(b) Prescriptions.(1) Professional responsibility.(A) Pharmacists shall exercise sound professional judgment with respect to the accuracy and authenticity of any prescription drug order they dispense. If the pharmacist questions the accuracy or authenticity of a prescription drug order, he/she shall verify the order with the practitioner prior to dispensing.(B) Prior to dispensing a prescription, pharmacists shall determine, in the exercise of sound professional judgment, that the prescription is a valid prescription. A pharmacist may not dispense a prescription drug unless the pharmacist complies with the requirements of §562.056 and §562.112 of the Act, and §291.29 of this title (relating to Professional Responsibility of Pharmacists).(C) Subparagraph (B) of this paragraph does not prohibit a pharmacist from dispensing a prescription when a valid patient-practitioner relationship is not present in an emergency situation (e.g., a practitioner taking calls for the patient's regular practitioner).(D) The owner of a Class A pharmacy shall have responsibility for ensuring its agents and employees engage in appropriate decisions regarding dispensing of valid prescriptions as set forth in §562.112 of the Act.(2) Written prescription drug orders.(A) Practitioner's signature.(i) Dangerous drug prescription orders. Written prescription drug orders shall be:(I) manually signed by the practitioner; or(II) electronically signed by the practitioner using a system that electronically replicates the practitioner's manual signature on the written prescription, provided:(-a-) that security features of the system require the practitioner to authorize each use; and(-b-) the prescription is printed on paper that is designed to prevent unauthorized copying of a completed prescription and to prevent the erasure or modification of information written on the prescription by the prescribing practitioner. (For example, the paper contains security provisions against copying that results in some indication on the copy that it is a copy and therefore render the prescription null and void.)(ii) Controlled substance prescription orders. Prescription drug orders for Schedules II, III, IV, or V controlled substances shall be manually signed by the practitioner. Prescription drug orders for Schedule II controlled substances shall be issued on an official prescription form as required by the Texas Controlled Substances Act, §481.075.(iii) Other provisions for a practitioner's signature.(I) A practitioner may sign a prescription drug order in the same manner as he would sign a check or legal document, e.g., J.H. Smith or John H. Smith.(II) Rubber stamped signatures may not be used.(III) The prescription drug order may not be signed by a practitioner's agent but may be prepared by an agent for the signature of a practitioner. However, the prescribing practitioner is responsible in case the prescription drug order does not conform in all essential respects to the law and regulations.(B) Prescription drug orders written by practitioners in another state.(i) Dangerous drug prescription orders. A pharmacist may dispense prescription drug orders for dangerous drugs issued by practitioners in a state other than Texas in the same manner as prescription drug orders for dangerous drugs issued by practitioners in Texas are dispensed.(ii) Controlled substance prescription drug orders.(I) A pharmacist may dispense prescription drug orders for Schedule II controlled substances issued by a practitioner in another state provided:(-a-) the prescription is dispensed as specified in §315.9 of this title (relating to Pharmacy Responsibility - Out-of-State Practitioner - Effective September 1, 2016);(-b-) the prescription drug order is an original written prescription issued by a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current federal Drug Enforcement Administration (DEA) registration number, and who may legally prescribe Schedule II controlled substances in such other state; and(-c-) the prescription drug order is not dispensed after the end of the thirtieth day after the date on which the prescription is issued.(II) A pharmacist may dispense prescription drug orders for controlled substances in Schedules III, IV, or V issued by a physician, dentist, veterinarian, or podiatrist in another state provided:(-a-) the prescription drug order is issued by a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current federal DEA registration number, and who may legally prescribe Schedules III, IV, or V controlled substances in such other state;(-b-) the prescription drug order is not dispensed or refilled more than six months from the initial date of issuance and may not be refilled more than five times; and(-c-) if there are no refill instructions on the original prescription drug order (which shall be interpreted as no refills authorized) or if all refills authorized on the original prescription drug order have been dispensed, a new prescription drug order is obtained from the prescribing practitioner prior to dispensing any additional quantities of controlled substances.(C) Prescription drug orders written by practitioners in the United Mexican States or the Dominion of Canada.(i) Controlled substance prescription drug orders. A pharmacist may not dispense a prescription drug order for a Schedule II, III, IV, or V controlled substance issued by a practitioner in the Dominion of Canada or the United Mexican States.(ii) Dangerous drug prescription drug orders. A pharmacist may dispense a dangerous drug prescription issued by a person licensed in the Dominion of Canada or the United Mexican States as a physician, dentist, veterinarian, or podiatrist provided:(I) the prescription drug order is an original written prescription; and(II) if there are no refill instructions on the original written prescription drug order (which shall be interpreted as no refills authorized) or if all refills authorized on the original written prescription drug order have been dispensed, a new written prescription drug order shall be obtained from the prescribing practitioner prior to dispensing any additional quantities of dangerous drugs.(D) Prescription drug orders issued by an advanced practice registered nurse, physician assistant, or pharmacist.(i) A pharmacist may dispense a prescription drug order that is:(I) issued by an advanced practice registered nurse or physician assistant provided the advanced practice registered nurse or physician assistant is practicing in accordance with Subtitle B, Chapter 157, Occupations Code; and(II) for a dangerous drug and signed by a pharmacist under delegated authority of a physician as specified in Subtitle B, Chapter 157, Occupations Code.(ii) Each practitioner shall designate in writing the name of each advanced practice registered nurse or physician assistant authorized to issue a prescription drug order pursuant to Subtitle B, Chapter 157, Occupations Code. A list of the advanced practice registered nurses or physician assistants designated by the practitioner must be maintained in the practitioner's usual place of business. On request by a pharmacist, a practitioner shall furnish the pharmacist with a copy of the written authorization for a specific advanced practice registered nurse or physician assistant.(E) Prescription drug orders for Schedule II controlled substances. No Schedule II controlled substance may be dispensed without a written prescription drug order of a practitioner on an official prescription form as required by the Texas Controlled Substances Act, §481.075.(3) Oral prescription drug orders.(A) An oral prescription drug order for a controlled substance from a practitioner or a practitioner's designated agent may only be received by a pharmacist or a pharmacist-intern under the direct supervision of a pharmacist.(B) A practitioner shall designate in writing the name of each agent authorized by the practitioner to communicate prescriptions orally for the practitioner. The practitioner shall maintain at the practitioner's usual place of business a list of the designated agents. The practitioner shall provide a pharmacist with a copy of the practitioner's written authorization for a specific agent on the pharmacist's request.(C) A pharmacist may not dispense an oral prescription drug order for a dangerous drug or a controlled substance issued by a practitioner licensed in the Dominion of Canada or the United Mexican States unless the practitioner is also licensed in Texas.(4) Electronic prescription drug orders.(A) Dangerous drug prescription orders.(i) An electronic prescription drug order for a dangerous drug may be transmitted by a practitioner or a practitioner's designated agent:(I) directly to a pharmacy; or(II) through the use of a data communication device provided:(-a-) the confidential prescription information is not altered during transmission; and(-b-) confidential patient information is not accessed or maintained by the operator of the data communication device other than for legal purposes under federal and state law.(ii) A practitioner shall designate in writing the name of each agent authorized by the practitioner to electronically transmit prescriptions for the practitioner. The practitioner shall maintain at the practitioner's usual place of business a list of the designated agents. The practitioner shall provide a pharmacist with a copy of the practitioner's written authorization for a specific agent on the pharmacist's request.(B) Controlled substance prescription orders. A pharmacist may only dispense an electronic prescription drug order for a Schedule II, III, IV, or V controlled substance in compliance with federal and state laws and the rules of the Drug Enforcement Administration outlined in Part 1300 of the Code of Federal Regulations.(C) Prescriptions issued by a practitioner licensed in the Dominion of Canada or the United Mexican States. A pharmacist may not dispense an electronic prescription drug order for a dangerous drug or controlled substance issued by a practitioner licensed in the Dominion of Canada or the United Mexican States unless the practitioner is also licensed in Texas.(5) Facsimile (faxed) prescription drug orders.(A) A pharmacist may dispense a prescription drug order for a dangerous drug transmitted to the pharmacy by facsimile.(B) A pharmacist may dispense a prescription drug order for a Schedule III-V controlled substance transmitted to the pharmacy by facsimile provided the prescription is manually signed by the practitioner and not electronically signed using a system that electronically replicates the practitioner's manual signature on the prescription drug order.(C) A pharmacist may not dispense a facsimile prescription drug order for a dangerous drug or controlled substance issued by a practitioner licensed in the Dominion of Canada or the United Mexican States unless the practitioner is also licensed in Texas.(6) Original prescription drug order records.(A) Original prescriptions may be dispensed only in accordance with the prescriber's authorization as indicated on the original prescription drug order, including clarifications to the order given by the practitioner or the practitioner's agent and recorded on the prescription.(B) Notwithstanding subparagraph (A) of this paragraph, a pharmacist may dispense a quantity less than indicated on the original prescription drug order at the request of the patient or patient's agent.(C) Original prescriptions shall be maintained by the pharmacy in numerical order and remain legible for a period of two years from the date of filling or the date of the last refill dispensed.(D) If an original prescription drug order is changed, such prescription order shall be invalid and of no further force and effect; if additional drugs are to be dispensed, a new prescription drug order with a new and separate number is required. However, an original prescription drug order for a dangerous drug may be changed in accordance with paragraph (10) of this subsection relating to accelerated refills.(E) Original prescriptions shall be maintained in three separate files as follows:(i) prescriptions for controlled substances listed in Schedule II;(ii) prescriptions for controlled substances listed in Schedules III-V; and(iii) prescriptions for dangerous drugs and nonprescription drugs.(F) Original prescription records other than prescriptions for Schedule II controlled substances may be stored in a system that is capable of producing a direct image of the original prescription record, e.g., a digitalized imaging system. If original prescription records are stored in a direct imaging system, the following is applicable:(i) the record of refills recorded on the original prescription must also be stored in this system;(ii) the original prescription records must be maintained in numerical order and separated in three files as specified in subparagraph (D) of this paragraph; and(iii) the pharmacy must provide immediate access to equipment necessary to render the records easily readable.(7) Prescription drug order information.(A) All original prescriptions shall bear:(i) the name of the patient, or if such drug is for an animal, the species of such animal and the name of the owner;(ii) the address of the patient; provided, however, that a prescription for a dangerous drug is not required to bear the address of the patient if such address is readily retrievable on another appropriate, uniformly maintained pharmacy record, such as medication records;(iii) the name, address and telephone number of the practitioner at the practitioner's usual place of business, legibly printed or stamped, and if for a controlled substance, the DEA registration number of the practitioner;(iv) the name and strength of the drug prescribed;(v) the quantity prescribed numerically, and if for a controlled substance:(I) numerically, followed by the number written as a word, if the prescription is written;(II) numerically, if the prescription is electronic; or(III) if the prescription is communicated orally or telephonically, as transcribed by the receiving pharmacist;(vi) directions for use;(vii) the intended use for the drug unless the practitioner determines the furnishing of this information is not in the best interest of the patient;(viii) the date of issuance;(ix) if a faxed prescription:(I) a statement that indicates that the prescription has been faxed (e.g., Faxed to); and(II) if transmitted by a designated agent, the name of the designated agent;(x) if electronically transmitted:(I) the date the prescription drug order was electronically transmitted to the pharmacy, if different from the date of issuance of the prescription; and(II) if transmitted by a designated agent, the name of the designated agent; and(xi) if issued by an advanced practice nurse or physician assistant in accordance with Subtitle B, Chapter 157, Occupations Code:(I) the name, address, telephone number, and if the prescription is for a controlled substance, the DEA number of the supervising practitioner; and(II) the address and telephone number of the clinic where the prescription drug order was carried out or signed; and(xii) if communicated orally or telephonically:(I) the initials or identification code of the transcribing pharmacist; and(II) the name of the prescriber or prescriber's agent communicating the prescription information.(B) At the time of dispensing, a pharmacist is responsible for documenting the following information on either the original hardcopy prescription or in the pharmacy's data processing system:(i) the unique identification number of the prescription drug order;(ii) the initials or identification code of the dispensing pharmacist;(iii) the initials or identification code of the pharmacy technician or pharmacy technician trainee performing data entry of the prescription, if applicable;(iv) the quantity dispensed, if different from the quantity prescribed;(v) the date of dispensing, if different from the date of issuance; and(vi) the brand name or manufacturer of the drug or biological product actually dispensed, if the drug was prescribed by generic name or interchangeable biological name or if a drug or interchangeable biological product other than the one prescribed was dispensed pursuant to the provisions of the Act, Chapters 562 and 563.(C) Prescription drug orders may be utilized as authorized in Title 26, Part 1, Chapter 554 of the Texas Administrative Code.(i) A prescription drug order is not required to bear the information specified in subparagraph (A) of this paragraph if the drug is prescribed for administration to an ultimate user who is institutionalized in a licensed health care institution (e.g., nursing home, hospice, hospital). Such prescription drug orders must contain the following information:(I) the full name of the patient;(II) the date of issuance;(III) the name, strength, and dosage form of the drug prescribed;(IV) directions for use; and(V) the signature(s) required by 26 TAC §554.1506 (relating to Drug Orders).(ii) Prescription drug orders for dangerous drugs shall not be dispensed following one year after the date of issuance unless the authorized prescriber renews the prescription drug order.(iii) Controlled substances shall not be dispensed pursuant to a prescription drug order under this subparagraph.(8) Refills.(A) General information.(i) Refills may be dispensed only in accordance with the prescriber's authorization as indicated on the original prescription drug order except as authorized in paragraph (10) of this subsection relating to accelerated refills.(ii) If there are no refill instructions on the original prescription drug order (which shall be interpreted as no refills authorized) or if all refills authorized on the original prescription drug order have been dispensed, authorization from the prescribing practitioner shall be obtained prior to dispensing any refills and documented as specified in subsection (l) of this section.(B) Refills of prescription drug orders for dangerous drugs or nonprescription drugs.(i) Prescription drug orders for dangerous drugs or nonprescription drugs may not be refilled after one year from the date of issuance of the original prescription drug order.(ii) If one year has expired from the date of issuance of an original prescription drug order for a dangerous drug or nonprescription drug, authorization shall be obtained from the prescribing practitioner prior to dispensing any additional quantities of the drug.(C) Refills of prescription drug orders for Schedules III-V controlled substances.(i) Prescription drug orders for Schedules III-V controlled substances may not be refilled more than five times or after six months from the date of issuance of the original prescription drug order, whichever occurs first.(ii) If a prescription drug order for a Schedule III, IV, or V controlled substance has been refilled a total of five times or if six months have expired from the date of issuance of the original prescription drug order, whichever occurs first, a new and separate prescription drug order shall be obtained from the prescribing practitioner prior to dispensing any additional quantities of controlled substances.(D) Pharmacist unable to contact prescribing practitioner. If a pharmacist is unable to contact the prescribing practitioner after a reasonable effort, a pharmacist may exercise his or her professional judgment in refilling a prescription drug order for a drug, other than a Schedule II controlled substance, without the authorization of the prescribing practitioner, provided:(i) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;(ii) the quantity of prescription drug dispensed does not exceed a 72-hour supply;(iii) the pharmacist informs the patient or the patient's agent at the time of dispensing that the refill is being provided without such authorization and that authorization of the practitioner is required for future refills;(iv) the pharmacist informs the practitioner of the emergency refill at the earliest reasonable time;(v) the pharmacist maintains a record of the emergency refill containing the information required to be maintained on a prescription as specified in this subsection;(vi) the pharmacist affixes a label to the dispensing container as specified in §291.33(c)(7) of this title (relating to Operational Standards); and(vii) if the prescription was initially filled at another pharmacy, the pharmacist may exercise his or her professional judgment in refilling the prescription provided:(I) the patient has the prescription container, label, receipt or other documentation from the other pharmacy that contains the essential information;(II) after a reasonable effort, the pharmacist is unable to contact the other pharmacy to transfer the remaining prescription refills or there are no refills remaining on the prescription;(III) the pharmacist, in his or her professional judgment, determines that such a request for an emergency refill is appropriate and meets the requirements of clause (i) of this subparagraph; and(IV) the pharmacist complies with the requirements of clauses (ii) - (vi) of this subparagraph.(E) Natural or man-made disasters. If a natural or man-made disaster has occurred that prohibits the pharmacist from being able to contact the practitioner, a pharmacist may exercise his or her professional judgment in refilling a prescription drug order for a drug, other than a Schedule II controlled substance, without the authorization of the prescribing practitioner, provided:(i) failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;(ii) the quantity of prescription drug dispensed does not exceed a 30-day supply;(iii) the governor of Texas has declared a state of disaster;(iv) the board, through the executive director, has notified pharmacies that pharmacists may dispense up to a 30-day supply of prescription drugs;(v) the pharmacist informs the patient or the patient's agent at the time of dispensing that the refill is being provided without such authorization and that authorization of the practitioner is required for future refills;(vi) the pharmacist informs the practitioner of the emergency refill at the earliest reasonable time;(vii) the pharmacist maintains a record of the emergency refill containing the information required to be maintained on a prescription as specified in this subsection;(viii) the pharmacist affixes a label to the dispensing container as specified in §291.33(c)(7) of this title; and(ix) if the prescription was initially filled at another pharmacy, the pharmacist may exercise his or her professional judgment in refilling the prescription provided:(I) the patient has the prescription container, label, receipt or other documentation from the other pharmacy that contains the essential information;(II) after a reasonable effort, the pharmacist is unable to contact the other pharmacy to transfer the remaining prescription refills or there are no refills remaining on the prescription;(III) the pharmacist, in his or her professional judgment, determines that such a request for an emergency refill is appropriate and meets the requirements of clause (i) of this subparagraph; and(IV) the pharmacist complies with the requirements of clauses (ii) - (viii) of this subparagraph.(F) Emergency Refills of Insulin and Insulin-Related Equipment or Supplies.(i) A pharmacist may exercise the pharmacist's professional judgment in refilling a prescription for insulin or insulin-related equipment or supplies without the authorization of the prescribing practitioner if the pharmacist:(I) is unable to contact the practitioner after reasonable effort;(II) is provided with documentation showing that the patient was previously prescribed insulin or insulin-related equipment or supplies by a practitioner;(III) assesses the patient to determine whether the emergency refill is appropriate;(IV) creates a record that documents the patient's visit that includes a notation describing the documentation provided under subclause (II) of this clause; and(V) makes a reasonable attempt to inform the practitioner of the emergency refill at the earliest reasonable time.(ii) The quantity of an emergency refill of insulin may not exceed a 30-day supply. The quantity of an emergency refill of insulin-related equipment or supplies may not exceed the lesser of a 30-day supply or the smallest available package.(G) Auto-Refill Programs. A pharmacy may use a program that automatically refills prescriptions that have existing refills available in order to improve patient compliance with and adherence to prescribed medication therapy. The following is applicable in order to enroll patients into an auto-refill program:(i) Notice of the availability of an auto-refill program shall be given to the patient or patient's agent, and the patient or patient's agent must affirmatively indicate that they wish to enroll in such a program and the pharmacy shall document such indication.(ii) The patient or patient's agent shall have the option to withdraw from such a program at any time.(iii) Auto-refill programs may be used for refills of dangerous drugs, and Schedules IV and V controlled substances. Schedules II and III controlled substances may not be dispensed by an auto-refill program.(iv) As is required for all prescriptions, a drug regimen review shall be completed on all prescriptions filled as a result of the auto-refill program. Special attention shall be noted for drug regimen review warnings of duplication of therapy and all such conflicts shall be resolved with the prescribing practitioner prior to refilling the prescription.(9) Records Relating to Dispensing Errors. If a dispensing error occurs, the following is applicable.(A) Original prescription drug orders:(i) shall not be destroyed and must be maintained in accordance with subsection (a) of this section; and(ii) shall not be altered. Altering includes placing a label or any other item over any of the information on the prescription drug order (e.g., a dispensing tag or label that is affixed to back of a prescription drug order must not be affixed on top of another dispensing tag or label in such a manner as to obliterate the information relating to the error).(B) Prescription drug order records maintained in a data processing system:(i) shall not be deleted and must be maintained in accordance with subsection (a) of this section;(ii) may be changed only in compliance with subsection (e)(2)(B) of this section; and(iii) if the error involved incorrect data entry into the pharmacy's data processing system, this record must be either voided or cancelled in the data processing system, so that the incorrectly entered prescription drug order may not be dispensed, or the data processing system must be capable of maintaining an audit trail showing any changes made to the data in the system.(10) Accelerated refills. In accordance with §562.0545 of the Act, a pharmacist may dispense up to a 90-day supply of a dangerous drug pursuant to a valid prescription that specifies the dispensing of a lesser amount followed by periodic refills of that amount if:(A) the total quantity of dosage units dispensed does not exceed the total quantity of dosage units authorized by the prescriber on the original prescription, including refills;(B) the patient consents to the dispensing of up to a 90-day supply and the physician has been notified electronically or by telephone;(C) the physician has not specified on the prescription that dispensing the prescription in an initial amount followed by periodic refills is medically necessary;(D) the dangerous drug is not a psychotropic drug used to treat mental or psychiatric conditions; and(E) the patient is at least 18 years of age.(c) Patient medication records.(1) A patient medication record system shall be maintained by the pharmacy for patients to whom prescription drug orders are dispensed.(2) The patient medication record system shall provide for the immediate retrieval of information for the previous 12 months that is necessary for the dispensing pharmacist to conduct a prospective drug regimen review at the time a prescription drug order is presented for dispensing.(3) The pharmacist-in-charge shall assure that a reasonable effort is made to obtain and record in the patient medication record at least the following information:(A) full name of the patient for whom the drug is prescribed;(B) address and telephone number of the patient;(C) patient's age or date of birth;(D) patient's gender;(E) any known allergies, drug reactions, idiosyncrasies, and chronic conditions or disease states of the patient and the identity of any other drugs currently being used by the patient which may relate to prospective drug regimen review;(F) pharmacist's comments relevant to the individual's drug therapy, including any other information unique to the specific patient or drug; and(G) a list of all prescription drug orders dispensed (new and refill) to the patient by the pharmacy during the last two years. Such lists shall contain the following information:(i) date dispensed;(ii) name, strength, and quantity of the drug dispensed;(iii) prescribing practitioner's name;(iv) unique identification number of the prescription; and(v) name or initials of the dispensing pharmacists.(4) A patient medication record shall be maintained in the pharmacy for two years. If patient medication records are maintained in a data processing system, all of the information specified in this subsection shall be maintained in a retrievable form for two years and information for the previous 12 months shall be maintained online. A patient medication record must contain documentation of any modification, change, or manipulation to a patient profile.(5) Nothing in this subsection shall be construed as requiring a pharmacist to obtain, record, and maintain patient information other than prescription drug order information when a patient or patient's agent refuses to provide the necessary information for such patient medication records.(d) Prescription drug order records maintained in a manual system.(1) Original prescriptions shall be maintained in three files as specified in subsection (b)(6)(D) of this section.(2) Refills.(A) Each time a prescription drug order is refilled, a record of such refill shall be made:(i) on the back of the prescription by recording the date of dispensing, the written initials or identification code of the dispensing pharmacist, the initials or identification code of the pharmacy technician or pharmacy technician trainee preparing the prescription label, if applicable, and the amount dispensed. (If the pharmacist merely initials and dates the back of the prescription drug order, he or she shall be deemed to have dispensed a refill for the full face amount of the prescription drug order); or(ii) on another appropriate, uniformly maintained, readily retrievable record, such as medication records, that indicates by patient name the following information:(I) unique identification number of the prescription;(II) name and strength of the drug dispensed;(III) date of each dispensing;(IV) quantity dispensed at each dispensing;(V) initials or identification code of the dispensing pharmacist;(VI) initials or identification code of the pharmacy technician or pharmacy technician trainee preparing the prescription label, if applicable; and(VII) total number of refills for the prescription.(B) If refill records are maintained in accordance with subparagraph (A)(ii) of this paragraph, refill records for controlled substances in Schedules III-V shall be maintained separately from refill records of dangerous drugs and nonprescription drugs.(3) Authorization of refills. Practitioner authorization for additional refills of a prescription drug order shall be noted on the original prescription, in addition to the documentation of dispensing the refill as specified in subsection (l) of this section.(4) Each time a modification, change, or manipulation is made to a record of dispensing, documentation of such change shall be recorded on the back of the prescription or on another appropriate, uniformly maintained, readily retrievable record, such as medication records. The documentation of any modification, change, or manipulation to a record of dispensing shall include the identification of the individual responsible for the alteration.(e) Prescription drug order records maintained in a data processing system.(1) General requirements for records maintained in a data processing system.(A) Compliance with data processing system requirements. If a Class A pharmacy's data processing system is not in compliance with this subsection, the pharmacy must maintain a manual record keeping system as specified in subsection (d) of this section.(B) Original prescriptions. Original prescriptions shall be maintained in three files as specified in subsection (b)(6)(D) of this section.(C) Requirements for backup systems.(i) The pharmacy shall maintain a backup copy of information stored in the data processing system using disk, tape, or other electronic backup system and update this backup copy on a regular basis, at least monthly, to assure that data is not lost due to system failure.(ii) Data processing systems shall have a workable (electronic) data retention system that can produce an audit trail of drug usage for the preceding two years as specified in paragraph (2)(H) of this subsection.(D) Change or discontinuance of a data processing system.(i) Records of dispensing. A pharmacy that changes or discontinues use of a data processing system must:(I) transfer the records of dispensing to the new data processing system; or(II) purge the records of dispensing to a printout that contains the same information required on the daily printout as specified in paragraph (2)(C) of this subsection. The information on this hard copy printout shall be sorted and printed by prescription number and list each dispensing for this prescription chronologically.(ii) Other records. A pharmacy that changes or discontinues use of a data processing system must:(I) transfer the records to the new data processing system; or(II) purge the records to a printout that contains all of the information required on the original document.(iii) Maintenance of purged records. Information purged from a data processing system must be maintained by the pharmacy for two years from the date of initial entry into the data processing system.(E) Loss of data. The pharmacist-in-charge shall report to the board in writing any significant loss of information from the data processing system within 10 days of discovery of the loss.(2) Records of dispensing.(A) Each time a prescription drug order is filled or refilled, a record of such dispensing shall be entered into the data processing system.(B) Each time a modification, change or manipulation is made to a record of dispensing, documentation of such change shall be recorded in the data processing system. The documentation of any modification, change, or manipulation to a record of dispensing shall include the identification of the individual responsible for the alteration. Should the data processing system not be able to record a modification, change, or manipulation to a record of dispensing, the information should be clearly documented on the hard copy prescription.(C) The data processing system shall have the capacity to produce a daily hard copy printout of all original prescriptions dispensed and refilled. This hard copy printout shall contain the following information:(i) unique identification number of the prescription;(ii) date of dispensing;(iii) patient name;(iv) prescribing practitioner's name and the supervising physician's name if the prescription was issued by an advanced practice registered nurse, physician assistant or pharmacist;(v) name and strength of the drug product actually dispensed; if generic name, the brand name or manufacturer of drug dispensed;(vi) quantity dispensed;(vii) initials or an identification code of the dispensing pharmacist;(viii) initials or an identification code of the pharmacy technician or pharmacy technician trainee performing data entry of the prescription, if applicable;(ix) if not immediately retrievable via computer display, the following shall also be included on the hard copy printout:(I) patient's address;(II) prescribing practitioner's address;(III) practitioner's DEA registration number, if the prescription drug order is for a controlled substance;(IV) quantity prescribed, if different from the quantity dispensed;(V) date of issuance of the prescription drug order, if different from the date of dispensing; and(VI) total number of refills dispensed to date for that prescription drug order; and(x) any changes made to a record of dispensing.(D) The daily hard copy printout shall be produced within 72 hours of the date on which the prescription drug orders were dispensed and shall be maintained in a separate file at the pharmacy. Records of controlled substances shall be readily retrievable from records of non-controlled substances.(E) Each individual pharmacist who dispenses or refills a prescription drug order shall verify that the data indicated on the daily hard copy printout is correct, by dating and signing such document in the same manner as signing a check or legal document (e.g., J.H. Smith, or John H. Smith) within seven days from the date of dispensing.(F) In lieu of the printout described in subparagraph (C) of this paragraph, the pharmacy shall maintain a log book in which each individual pharmacist using the data processing system shall sign or electronically sign a statement each day, attesting to the fact that the information entered into the data processing system that day has been reviewed by him or her and is correct as entered. Such log book shall be maintained at the pharmacy employing such a system for a period of two years after the date of dispensing; provided, however, that the data processing system can produce the hard copy printout on demand by an authorized agent of the Texas State Board of Pharmacy. If no printer is available on site, the hard copy printout shall be available within 72 hours with a certification by the individual providing the printout, stating that the printout is true and correct as of the date of entry and such information has not been altered, amended, or modified.(G) The pharmacist-in-charge is responsible for the proper maintenance of such records, for ensuring that such data processing system can produce the records outlined in this section, and that such system is in compliance with this subsection.(H) The data processing system shall be capable of producing a hard copy printout of an audit trail for all dispensing (original and refill) of any specified strength and dosage form of a drug (by either brand or generic name or both) during a specified time period.(i) Such audit trail shall contain all of the information required on the daily printout as set out in subparagraph (C) of this paragraph.(ii) The audit trail required in this subparagraph shall be supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy.(I) Failure to provide the records set out in this subsection, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(J) The data processing system shall provide online retrieval (via computer display or hard copy printout) of the information set out in subparagraph (C) of this paragraph of:(i) the original controlled substance prescription drug orders currently authorized for refilling; and(ii) the current refill history for Schedules III, IV, and V controlled substances for the immediately preceding six-month period.(K) In the event that a pharmacy using a data processing system experiences system downtime, the following is applicable:(i) an auxiliary procedure shall ensure that refills are authorized by the original prescription drug order and that the maximum number of refills has not been exceeded, or authorization from the prescribing practitioner shall be obtained prior to dispensing a refill; and(ii) all of the appropriate data shall be retained for online data entry as soon as the system is available for use again.(3) Authorization of refills. Practitioner authorization for additional refills of a prescription drug order shall be noted as follows:(A) on the hard copy prescription drug order;(B) on the daily hard copy printout; or(C) via the computer display.(f) Limitation to one type of recordkeeping system. When filing prescription drug order information a pharmacy may use only one of the two systems described in subsection (d) or (e) of this section.(g) Transfer of prescription drug order information. For the purpose of initial or refill dispensing, the transfer of original prescription drug order information is permissible between pharmacies, subject to the following requirements:(1) The transfer of original prescription drug order information for controlled substances listed in Schedules III, IV, or V for the purpose of refill dispensing is permissible between pharmacies on a one-time basis only. However, pharmacies electronically sharing a real-time, online database may transfer up to the maximum refills permitted by law and the prescriber's authorization.(2) The transfer of original prescription drug order information for dangerous drugs is permissible between pharmacies without limitation up to the number of originally authorized refills.(3) The transfer is communicated orally by telephone or via facsimile:(A) directly by a pharmacist or pharmacist-intern to another pharmacist or pharmacist-intern for prescription drug order information for controlled substances; or(B) directly by a pharmacist, pharmacist-intern, or pharmacy technician to another pharmacist, pharmacist-intern, or pharmacy technician for prescription drug order information for dangerous drugs.(4) Both the original and the transferred prescription drug orders are maintained for a period of two years from the date of last refill.(5) The individual transferring the prescription drug order information shall:(A) write the word \"void\" on the face of the invalidated prescription or the prescription is voided in the data processing system;(B) record the name, address, and if for a controlled substance, the DEA registration number of the pharmacy to which it was transferred, and the name of the receiving individual on the reverse of the invalidated prescription or stored with the invalidated prescription drug order in the data processing system;(C) record the date of the transfer and the name of the individual transferring the information; and(D) if the prescription is transferred electronically, provide the following information:(i) date of original dispensing and prescription number;(ii) number of refills remaining and if a controlled substance, the date(s) and location(s) of previous refills;(iii) name, address, and if a controlled substance, the DEA registration number of the transferring pharmacy;(iv) name of the individual transferring the prescription; and(v) if a controlled substance, the name, address, DEA registration number, and prescription number from the pharmacy that originally dispensed the prescription, if different.(6) The individual receiving the transferred prescription drug order information shall:(A) write the word \"transfer\" on the face of the prescription or indicate in the prescription record that the prescription was a transfer; and(B) reduce to writing all of the information required to be on a prescription as specified in subsection (b)(7) of this section, and the following:(i) date of issuance and prescription number;(ii) original number of refills authorized on the original prescription drug order;(iii) date of original dispensing;(iv) number of valid refills remaining, and if a controlled substance, the date(s) and location(s) of previous refills;(v) name, address, and if for a controlled substance, the DEA registration number of the transferring pharmacy;(vi) name of the individual transferring the prescription; and(vii) name, address, and if for a controlled substance, the DEA registration number, of the pharmacy that originally dispensed the prescription, if different; or(C) if the prescription is transferred electronically, create an electronic record for the prescription that includes the receiving pharmacist's name and all of the information transferred with the prescription including all of the information required to be on a prescription as specified in subsection (b)(7) of this section, and the following:(i) date of original dispensing;(ii) number of refills remaining and if a controlled substance, the prescription number(s), date(s) and location(s) of previous refills;(iii) name, address, and if for a controlled substance, the DEA registration number;(iv) name of the individual transferring the prescription; and(v) name, address, and if for a controlled substance, the DEA registration number, of the pharmacy that originally filled the prescription.(7) Both the individual transferring the prescription and the individual receiving the prescription must engage in confirmation of the prescription information by such means as:(A) the transferring individual faxes the hard copy prescription to the receiving individual; or(B) the receiving individual repeats the verbal information from the transferring individual and the transferring individual verbally confirms that the repeated information is correct.(8) Pharmacies transferring prescriptions electronically shall comply with the following:(A) Prescription drug orders may not be transferred by non-electronic means during periods of downtime except on consultation with and authorization by a prescribing practitioner; provided, however, that during downtime, a hard copy of a prescription drug order may be made available for informational purposes only, to the patient or a pharmacist, and the prescription may be read to a pharmacist by telephone;(B) The original prescription drug order shall be invalidated in the data processing system for purposes of filling or refilling, but shall be maintained in the data processing system for refill history purposes;(C) If the data processing system does not have the capacity to store all the information as specified in paragraphs (5) and (6) of this subsection, the pharmacist is required to record this information on the original or transferred prescription drug order;(D) The data processing system shall have a mechanism to prohibit the transfer or refilling of controlled substance prescription drug orders that have been previously transferred; and(E) Pharmacies electronically accessing the same prescription drug order records may electronically transfer prescription information if the following requirements are met:(i) The original prescription is voided and the pharmacies' data processing systems store all the information as specified in paragraphs (5) and (6) of this subsection;(ii) Pharmacies not owned by the same entity may electronically access the same prescription drug order records, provided the owner, chief executive officer, or designee of each pharmacy signs an agreement allowing access to such prescription drug order records; and(iii) An electronic transfer between pharmacies may be initiated by a pharmacist intern, pharmacy technician, or pharmacy technician trainee acting under the direct supervision of a pharmacist.(9) An individual may not refuse to transfer original prescription information to another individual who is acting on behalf of a patient and who is making a request for this information as specified in this subsection. The transfer of original prescription information must be completed within four business hours of the request.(10) When transferring a compounded prescription, a pharmacy is required to provide all of the information regarding the compounded preparation, including the formula, unless the formula is patented or otherwise protected, in which case, the transferring pharmacy shall, at a minimum, provide the quantity or strength of all of the active ingredients of the compounded preparation.(11) The electronic transfer of multiple or bulk prescription records between two pharmacies is permitted provided:(A) a record of the transfer as specified in paragraph (5) of this subsection is maintained by the transferring pharmacy;(B) the information specified in paragraph (6) of this subsection is maintained by the receiving pharmacy; and(C) in the event that the patient or patient's agent is unaware of the transfer of the prescription drug order record, the transferring pharmacy must notify the patient or patient's agent of the transfer and must provide the patient or patient's agent with the telephone number of the pharmacy receiving the multiple or bulk prescription drug order records.(h) Distribution of controlled substances to another registrant. A pharmacy may distribute controlled substances to a practitioner, another pharmacy, or other registrant, without being registered to distribute, under the following conditions.(1) The registrant to whom the controlled substance is to be distributed is registered under the Controlled Substances Act to dispense that controlled substance.(2) The total number of dosage units of controlled substances distributed by a pharmacy may not exceed 5.0% of all controlled substances dispensed and distributed by the pharmacy during the 12-month period in which the pharmacy is registered; if at any time it does exceed 5.0%, the pharmacy is required to obtain an additional registration to distribute controlled substances.(3) If the distribution is for a Schedule III, IV, or V controlled substance, a record shall be maintained that indicates:(A) the actual date of distribution;(B) the name, strength, and quantity of controlled substances distributed;(C) the name, address, and DEA registration number of the distributing pharmacy; and(D) the name, address, and DEA registration number of the pharmacy, practitioner, or other registrant to whom the controlled substances are distributed.(4) A pharmacy shall comply with 21 CFR 1305 regarding the DEA order form (DEA 222) requirements when distributing a Schedule II controlled substance.(i) Other records. Other records to be maintained by a pharmacy:(1) a log of the initials or identification codes that will identify each pharmacist, pharmacy technician, and pharmacy technician trainee who is involved in the dispensing process, in the pharmacy's data processing system (the initials or identification code shall be unique to ensure that each individual can be identified, i.e., identical initials or identification codes shall not be used). Such log shall be maintained at the pharmacy for at least seven years from the date of the transaction;(2) suppliers' invoices of dangerous drugs and controlled substances; a pharmacist shall verify that the controlled substances listed on the invoices were actually received by clearly recording his/her initials and the actual date of receipt of the controlled substances;(3) suppliers' credit memos for controlled substances and dangerous drugs;(4) a copy of inventories required by §291.17 of this title (relating to Inventory Requirements);(5) reports of surrender or destruction of controlled substances and/or dangerous drugs to an appropriate state or federal agency;(6) records of distribution of controlled substances and/or dangerous drugs to other pharmacies, practitioners, or registrants; and(7) a copy of any notification required by the Texas Pharmacy Act or the sections in this chapter, including, but not limited to, the following:(A) reports of theft or significant loss of controlled substances to the DEA and the board;(B) notifications of a change in pharmacist-in-charge of a pharmacy; and(C) reports of a fire or other disaster that may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or treatment of injury, illness, and disease.(j) Permission to maintain central records. Any pharmacy that uses a centralized recordkeeping system for invoices and financial data shall comply with the following procedures.(1) Controlled substance records. Invoices and financial data for controlled substances may be maintained at a central location provided the following conditions are met:(A) Prior to the initiation of central recordkeeping, the pharmacy submits written notification by registered or certified mail to the divisional director of the Drug Enforcement Administration as required by Title 21, Code of Federal Regulations, §1304.04(a), and submits a copy of this written notification to the board. Unless the registrant is informed by the divisional director of the Drug Enforcement Administration that permission to keep central records is denied, the pharmacy may maintain central records commencing 14 days after receipt of notification by the divisional director;(B) The pharmacy maintains a copy of the notification required in subparagraph (A) of this paragraph; and(C) The records to be maintained at the central record location shall not include executed DEA order forms, prescription drug orders, or controlled substance inventories that shall be maintained at the pharmacy;(2) Dangerous drug records. Invoices and financial data for dangerous drugs may be maintained at a central location;(3) Access to records. If the records are kept on microfilm, computer media, or in any form requiring special equipment to render the records easily readable, the pharmacy shall provide access to such equipment with the records; and(4) Delivery of records. The pharmacy agrees to deliver all or any part of such records to the pharmacy location within two business days of written request of a board agent or any other authorized official.(k) Ownership of pharmacy records. For the purposes of these sections, a pharmacy licensed under the Act is the only entity that may legally own and maintain prescription drug records.(l) Documentation of consultation. When a pharmacist, pharmacist-intern, or pharmacy technician consults a prescriber as described in this section, the individual shall document such occurrences on the hard copy or in the pharmacy's data processing system associated with the prescription and shall include the following information:(1) date the prescriber was consulted;(2) name of the person communicating the prescriber's instructions;(3) any applicable information pertaining to the consultation; and(4) initials or identification code of the pharmacist, pharmacist-intern, or pharmacy technician performing the consultation clearly recorded for the purpose of identifying the individual who performed the consultation if the information is recorded on the hard copy prescription.", "sourceNote": "Source Note: The provisions of this §291.34 adopted to be effective September 14, 1988, 13 TexReg 4306; amended to be effective September 5, 1990, 15 TexReg 4807; amended to be effective March 18, 1991, 16 TexReg 1365; amended to be effective January 29, 1992, 17 TexReg 323; amended to be effective January 1, 1993, 17 TexReg 9116; amended to be effective September 30, 1993, 18 TexReg 6460; amended to be effective June 1, 1994, 19 TexReg 3921; amended to be effective March 29, 1995, 20 TexReg 1888; amended to be effective June 20, 1995, 20 TexReg 4121; amended to be effective March 21, 1996, 21 TexReg 2227; amended to be effective April 7, 1997, 22 TexReg 3106; amended to be effectiveMarch 29, 2000, 25 TexReg 2575; amended to be effective August 31, 2000, 25 TexReg 8405; amended to be effective March 7, 2001, 26 TexReg 1865; amended to be effective June 20, 2001, 26 TexReg 4478; amended to be effective June 1, 2002, 27 TexReg 1736; amended to be effective March 4, 2004, 29 TexReg 1951; amended to be effective June 6, 2004, 29 TexReg 5361; amended to be effective September 7, 2004, 29 TexReg 8516; amended to be effective March 10, 2005, 30 TexReg 1275; amended to be effective December 3, 2006, 31 TexReg 9610; amended to be effective March 25, 2007, 32 TexReg 1510; amended to be effective September 18, 2007, 32 TexReg 6319; amended to be effective March 6, 2008, 33 TexReg 1784; amended to be effective September 7, 2008, 33 TexReg 7218; amended to be effective June 7, 2009, 34 TexReg 3391; amended to be effective December 6,2009, 34 TexReg 8691; amended to be effective March 11, 2010, 35 TexReg 2005; amended to be effective July 11, 2011, 36 TexReg 4402; amended to be effective November 24, 2011, 36 TexReg 7867; amended to be effective March 13, 2012, 37 TexReg 1705; amended to be effective June 7, 2012, 37 TexReg 4046; amended to be effective September 8, 2013, 38 TexReg 5722; amended to be effective September 11, 2014, 39 TexReg 7094; amended to be effective December 7, 2014, 39 TexReg 9345; amended to be effective June 12, 2016, 41 TexReg 4257; amended to be effective December 19, 2016, 41 TexReg 9934; amended to be effective September 6, 2017, 42 TexReg 4466; amended to be effective September 16, 2018, 43 TexReg 5784; amended to be effective December 6, 2018, 43 TexReg 7774; amended to be effective June 20, 2019, 44 TexReg 2946; amended to be effective March 5, 2020, 45 TexReg 1424; amended to be effective December 10, 2020, 45 TexReg8852;amended to be effective June 9, 2021, 46 TexReg 3520; amended to be effective December 7, 2021, 46 TexReg 8253; amended to be effective March 15, 2022, 47 TexReg 1277." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194415", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "B", "label": "COMMUNITY PHARMACY (CLASS A)" }, "rule": { "number": "§291.35", "label": "Official Prescription Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164815", "queryAsDate": "03/11/2026" }, "ruleBody": "Class A pharmacies are subject to the rules set forth in chapter 315 of this title (relating to Controlled Substances).", "sourceNote": "Source Note: The provisions of this §291.35 adopted to be effective January 3, 2000, 24 TexReg 12067; amended to be effective September 10, 2003, 28 TexReg 7710; amended to be effective March 12, 2019, 44 TexReg 1330." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164815", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "B", "label": "COMMUNITY PHARMACY (CLASS A)" }, "rule": { "number": "§291.36", "label": "Pharmacies Compounding Sterile Preparations (Class A-S)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173429", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensing Requirements. A community pharmacy engaged in the compounding of sterile preparations shall be designated as a Class A-S pharmacy.(1) A Class A-S pharmacy shall register annually or biennially with the board on a pharmacy license application provided by the board, following the procedures as specified in §291.1 of this title (relating to Pharmacy License Application). A Class A-S license may not be issued unless the pharmacy has been inspected by the board to ensure the pharmacy meets the requirements as specified in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations).(2) A Class A-S pharmacy may not renew a pharmacy license unless the pharmacy has been inspected by the board within the last renewal period.(3) A Class A-S pharmacy which changes ownership shall notify the board within ten days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(4) A Class A-S pharmacy which changes location and/or name shall notify the board within ten days of the change and file for an amended license as specified in §291.3 of this title.(5) A Class A-S pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within ten days of the change, following the procedures as specified in §291.3 of this title.(6) A Class A-S pharmacy shall notify the board in writing within ten days of closing, following the procedures as specified in §291.5 of this title (relating to Closing a Pharmacy).(7) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(8) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance and renewal of a license and the issuance of an amended license.(9) A Class A-S pharmacy which would otherwise be required to be licensed under the Act, §560.051(a)(1) concerning Community Pharmacy (Class A) is required to comply with the provisions of §291.31 of this title (relating to Definitions), §291.32 of this title (relating to Personnel), §291.33 of this title (relating to Operational Standards), §291.34 of this title (relating to Records), §291.35 of this title (relating to Official Prescription Requirements), and §291.133 of this title.(10) A Class A-S pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations).(11) A Class A-S pharmacy engaged in the provision of remote pharmacy services, including storage and dispensing of prescription drugs, shall comply with the provisions of §291.121 of this title (relating to Remote Pharmacy Services).(12) A Class A-S pharmacy engaged in centralized prescription dispensing and/or prescription drug or medication order processing shall comply with the provisions of §291.123 of this title (relating to Centralized Prescription Drug or Medication Order Processing) and/or §291.125 of this title (relating to Centralized Prescription Dispensing).", "sourceNote": "Source Note: The provisions of this §291.36 adopted to be effective December 10, 2013, 38 TexReg 8835." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173429", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "C", "label": "NUCLEAR PHARMACY (CLASS B)" }, "rule": { "number": "§291.51", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226923", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this subchapter is to provide standards for the preparation, labeling, and distribution of radiopharmaceuticals by licensed nuclear pharmacies, pursuant to a radioactive prescription drug order. The intent of this subchapter is to establish a minimum acceptable level of pharmaceutical care to the patient so that the patient's health is protected while contributing to positive patient outcomes. The board has determined that this subchapter is necessary to protect the health and welfare of the citizens of this state.", "sourceNote": "Source Note: The provisions of this §291.51 adopted to be effective March 19, 1998, 23 TexReg 2815; amended to be effective September 14, 2010, 35 TexReg 8357; amended to be effective September 14, 2015, 40 TexReg 6110." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226923&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226923", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "C", "label": "NUCLEAR PHARMACY (CLASS B)" }, "rule": { "number": "§291.52", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202019", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Any term not defined in this section shall have the definition set forth in the Act, §551.003.(1) Accurately as prescribed--Dispensing, delivering, and/or distributing a prescription drug order or radioactive prescription drug order:(A) to the correct patient (or agent of the patient) for whom the drug or device was prescribed;(B) with the correct drug in the correct strength, quantity, and dosage form ordered by the practitioner; and(C) with correct labeling (including directions for use) as ordered by the practitioner. Provided, however, that nothing herein shall prohibit pharmacist substitution if substitution is conducted in strict accordance with applicable laws and rules, including Subchapter A, Chapter 562 of the Act.(2) ACPE--Accreditation Council for Pharmacy Education.(3) Act--The Texas Pharmacy Act, Chapters 551 - 569, Occupations Code, as amended.(4) Administer--The direct application of a prescription drug and/or radiopharmaceutical, by injection, inhalation, ingestion, or any other means to the body of a patient by:(A) a practitioner, an authorized agent under his supervision, or other person authorized by law; or(B) the patient at the direction of a practitioner.(5) Authentication of product history--Identifying the purchasing source, the intermediate handling, and the ultimate disposition of any component of a radioactive drug.(6) Authorized nuclear pharmacist--A pharmacist who:(A) has completed the specialized training requirements specified by this subchapter for the preparation and distribution of radiopharmaceuticals; and(B) is named on a Texas radioactive material license, issued by the Texas Department of State Health Services, Radiation Control Program.(7) Authorized user--Any individual named on a Texas radioactive material license, issued by the Texas Department of State Health Services, Radiation Control Program.(8) Board--The Texas State Board of Pharmacy.(9) Common ownership--Two or more pharmacies with an identical owner of record with the board or that have owners of record with the board that are a parent, subsidiary, or affiliate of one another under §1.002, Business Organizations Code.(10) Component--Any ingredient intended for use in the compounding of a drug preparation, including those that may not appear in such preparation.(11) Compounding--The preparation, mixing, assembling, packaging, or labeling of a drug or device:(A) as the result of a practitioner's prescription drug or medication order based on the practitioner-patient-pharmacist relationship in the course of professional practice;(B) for administration to a patient by a practitioner as the result of a practitioner's initiative based on the practitioner-patient-pharmacist relationship in the course of professional practice;(C) in anticipation of prescription drug or medication orders based on routine, regularly observed prescribing patterns; or(D) for or as an incident to research, teaching, or chemical analysis and not for sale or dispensing, except as allowed under §562.154 or Chapter 563 of the Act.(12) Controlled substance--A drug, immediate precursor, or other substance listed in Schedules I - V or Penalty Groups 1-4 of the Texas Controlled Substances Act, as amended, or a drug, immediate precursor, or other substance included in Schedule I, II, III, IV, or V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (Public Law 91-513).(13) Dangerous drug--A drug or device that:(A) is not included in Penalty Group 1, 2, 3, or 4, Chapter 481, Health and Safety Code, and is unsafe for self-medication; or(B) bears or is required to bear the legend:(i) \"Caution: federal law prohibits dispensing without prescription\" or \"Rx only\" or another legend that complies with federal law; or(ii) \"Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian.\"(14) Data communication device--An electronic device that receives electronic information from one source and transmits or routes it to another (e.g., bridge, router, switch, or gateway).(15) Deliver or delivery--The actual, constructive, or attempted transfer of a prescription drug or device, radiopharmaceutical, or controlled substance from one person to another, whether or not for a consideration.(16) Designated agent--(A) an individual, including a licensed nurse, physician assistant, nuclear medicine technologist, or pharmacist:(i) who is designated by a practitioner and authorized to communicate a prescription drug order to a pharmacist; and(ii) for whom the practitioner assumes legal responsibility; (B) a licensed nurse, physician assistant, or pharmacist employed in a health care facility to whom a practitioner communicates a prescription drug order; or(C) a registered nurse or physician assistant authorized by a practitioner to administer a prescription drug order for a dangerous drug under Subchapter B, Chapter 157 (Occupations Code).(17) Device--An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related articles, including any component parts or accessory that is required under federal or state law to be ordered or prescribed by a practitioner. (18) Diagnostic prescription drug order--A radioactive prescription drug order issued for a diagnostic purpose.(19) Dispense--Preparing, packaging, compounding, or labeling for delivery a prescription drug or device, or a radiopharmaceutical in the course of professional practice to an ultimate user or his agent by or pursuant to the lawful order of a practitioner.(20) Dispensing pharmacist--The authorized nuclear pharmacist responsible for the final check of the dispensed prescription before delivery to the patient.(21) Distribute--The delivering of a prescription drug or device, or a radiopharmaceutical other than by administering or dispensing.(22) Electronic radioactive prescription drug order--A radioactive prescription drug order which is transmitted by an electronic device to the receiver (pharmacy).(23) Full-time pharmacist--A pharmacist who works in a pharmacy at least 30 hours per week or, if the pharmacy is open less than 60 hours per week, one-half of the time the pharmacy is open.(24) Hot water--The temperature of water from the pharmacy's sink maintained at a minimum of 105 degrees F (41 degrees C).(25) Nuclear pharmacy technique--The mechanical ability required to perform the nonjudgmental, technical aspects of preparing and dispensing radiopharmaceuticals.(26) Original prescription--The:(A) original written radioactive prescription drug orders; or(B) original oral or electronic radioactive prescription drug orders maintained either manually or electronically.(27) Owner of record--The direct owner of the pharmacy provided on the pharmacy's application for a pharmacy license or most recent approved change of ownership form.(28) Pharmacist-in-charge--The pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for a pharmacy's compliance with laws and rules pertaining to the practice of pharmacy.(29) Pharmacy technician--An individual whose responsibility in a pharmacy is to provide technical services that do not require professional judgment regarding preparing and distributing drugs and who works under the direct supervision of and is responsible to a pharmacist.(30) Pharmacy technician trainee--An individual who is registered with the board as a pharmacy technician trainee and is authorized to participate in a pharmacy's technician training program.(31) Radioactive drug service--The act of distributing radiopharmaceuticals; the participation in radiopharmaceutical selection and the performance of radiopharmaceutical drug reviews.(32) Radioactive prescription drug order--An order from a practitioner or a practitioner's designated agent for a radiopharmaceutical to be dispensed.(33) Radiopharmaceutical--A prescription drug or device that exhibits spontaneous disintegration of unstable nuclei with the emission of a nuclear particle(s) or photon(s), including any nonradioactive reagent kit or nuclide generator that is intended to be used in preparation of any such substance.(34) Sterile radiopharmaceutical--A dosage form of a radiopharmaceutical free from living micro-organisms.(35) Therapeutic prescription drug order--A radioactive prescription drug order issued for a specific patient for a therapeutic purpose.(36) Ultimate user--A person who has obtained and possesses a prescription drug or radiopharmaceutical for administration to a patient by a practitioner.", "sourceNote": "Source Note: The provisions of this §291.52 adopted\r\nto be effective March 19, 1998, 23 TexReg 2815; amended to be effective\r\nSeptember 16, 1999, 24 TexReg 7259; amended to be effective June 1,\r\n2002, 27 TexReg 1781; amended to be effective March 4, 2004, 29 TexReg\r\n1999; amended to be effective June 6, 2004, 29 TexReg 5362; amended\r\nto be effective September 14, 2010, 35 TexReg 8357; amended to be\r\neffective September 14, 2015, 40 TexReg 6110; amended to be effective\r\nJune 11, 2017, 42 TexReg 2931; amended to be effective December 10,\r\n2020, 45 TexReg 8852; amended to be effective November 30, 2025, 50\r\nTexReg 7726." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202019", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "C", "label": "NUCLEAR PHARMACY (CLASS B)" }, "rule": { "number": "§291.53", "label": "Personnel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pharmacists-in-Charge.(1) General.(A) Every nuclear pharmacy shall have an authorized nuclear pharmacist designated on the nuclear pharmacy license as the pharmacist-in-charge who shall be responsible for a nuclear pharmacy's compliance with laws and regulations, both state and federal, pertaining to the practice of nuclear pharmacy.(B) The nuclear pharmacy pharmacist-in-charge shall see that directives from the board are communicated to the owner(s), management, other pharmacists, and interns of the nuclear pharmacy.(C) Each Class B pharmacy shall have one pharmacist-in-charge who is employed on a full-time basis and who may be the pharmacist-in-charge for only one such pharmacy; provided, however, such pharmacist-in-charge may be the pharmacist-in-charge of:(i) more than one Class B pharmacy, if the additional Class B pharmacies are not open to provide pharmacy services simultaneously; or(ii) during an emergency, up to two Class B pharmacies open simultaneously if the pharmacist-in-charge works at least 10 hours per week in each pharmacy for no more than a period of 30 consecutive days.(D) The pharmacist-in-charge of a Class B pharmacy may not serve as the pharmacist-in-charge of a Class A pharmacy or a Class C pharmacy with 101 beds or more.(2) Responsibilities. The pharmacist-in-charge shall have the responsibility for, at a minimum, the following:(A) ensuring that radiopharmaceuticals are dispensed and delivered safely and accurately as prescribed;(B) developing a system to assure that all pharmacy personnel responsible for compounding and/or supervising the compounding of radiopharmaceuticals within the pharmacy receive appropriate education and training and competency evaluation;(C) determining that all pharmacists involved in compounding sterile radiopharmaceuticals obtain continuing education appropriate for the type of compounding done by the pharmacist;(D) supervising a system to assure appropriate procurement of drugs and devices and storage of all pharmaceutical materials, including radiopharmaceuticals, components used in the compounding of radiopharmaceuticals, and drug delivery devices;(E) assuring that the equipment used in compounding is properly maintained;(F) developing a system for the disposal and distribution of drugs from the Class B pharmacy;(G) developing a system for bulk compounding or batch preparation of radiopharmaceuticals;(H) developing a system for the compounding, sterility assurance, and quality control of sterile radiopharmaceuticals;(I) maintaining records of all transactions of the Class B pharmacy necessary to maintain accurate control over and accountability for all pharmaceutical materials, including radiopharmaceuticals, required by applicable state and federal laws and rules;(J) developing a system to assure the maintenance of effective controls against the theft or diversion of prescription drugs, and records for such drugs;(K) assuring that the pharmacy has a system to dispose of radioactive and cytotoxic waste in a manner so as not to endanger the public health; and(L) legally operating the pharmacy, including meeting all inspection and other requirements of all state and federal laws or rules governing the practice of pharmacy.(b) Owner. The owner of a Class B pharmacy shall have responsibility for all administrative and operational functions of the pharmacy. The pharmacist-in-charge may advise the owner on administrative and operational concerns. The owner shall have responsibility for, at a minimum, the following, and if the owner is not a Texas licensed pharmacist, the owner shall consult with the pharmacist-in-charge or another Texas licensed pharmacist:(1) establishing policies for procurement of prescription drugs and devices and other products dispensed from the Class B pharmacy; (2) establishing policies and procedures for the security of the prescription department including the maintenance of effective controls against the theft or diversion of prescription drugs;(3) if the pharmacy uses an automated pharmacy dispensing system, reviewing and approving all policies and procedures for system operation, safety, security, accuracy and access, patient confidentiality, prevention of unauthorized access, and malfunction;(4) providing the pharmacy with the necessary equipment and resources commensurate with its level and type of practice; and(5) establishing policies and procedures regarding maintenance, storage, and retrieval of records in a data processing system such that the system is in compliance with state and federal requirements.(c) Authorized nuclear pharmacists.(1) General.(A) The pharmacist-in-charge shall be assisted by a sufficient number of additional authorized nuclear pharmacists as may be required to operate the pharmacy competently, safely, and adequately to meet the needs of the patients of the pharmacy.(B) All personnel performing tasks in the preparation and distribution of radiopharmaceuticals shall be under the direct supervision of an authorized nuclear pharmacist. General qualifications for an authorized nuclear pharmacist are the following. A pharmacist shall:(i) meet minimal standards of training and experience in the handling of radioactive materials in accordance with the requirements of the Texas Regulations for Control of Radiation of the Radiation Control Program, Texas Department of State Health Services;(ii) be a pharmacist licensed by the board to practice pharmacy in Texas; and(iii) submit to the board either:(I) written certification that he or she has current board certification as a nuclear pharmacist by the Board of Pharmaceutical Specialties; or(II) written certification signed by a preceptor authorized nuclear pharmacist that he or she has achieved a level of competency sufficient to independently operate as an authorized nuclear pharmacist and has satisfactorily completed 700 hours in a structured educational program consisting of both:(-a-) 200 hours of didactic training in a program accepted by the Radiation Control Program, Texas Department of State Health Services, in the following areas:(-1-) radiation physics and instrumentation;(-2-) radiation protection;(-3-) mathematics pertaining to the use and measurement of radioactivity;(-4-) radiation biology; and(-5-) chemistry of radioactive material for medical use; and(-b-) 500 hours of supervised practical experience in a nuclear pharmacy involving the following:(-1-) shipping, receiving, and performing related radiation surveys;(-2-) using and performing checks for proper operation of instruments used to determine the activity of dosages, survey meters, and, if appropriate, instruments used to measure alpha- or beta-emitting radionuclides;(-3-) calculating, assaying, and safely preparing dosages for patients or human research subjects;(-4-) using administrative controls to avoid adverse medical events in the administration of radioactive material; and(-5-) using procedures to prevent or minimize contamination and using proper decontamination procedures.(C) Authorized nuclear pharmacists are solely responsible for the direct supervision of pharmacy technicians and pharmacy technician trainees and for delegating nuclear pharmacy techniques and additional duties, other than those listed in paragraph (3) of this subsection, to pharmacy technicians and pharmacy technician trainees. Each authorized nuclear pharmacist shall:(i) verify the accuracy of all acts, tasks, or functions performed by pharmacy technicians and pharmacy technician trainees; and(ii) be responsible for any delegated act performed by pharmacy technicians and pharmacy technician trainees under his or her supervision.(D) All authorized nuclear pharmacists while on duty, shall be responsible for complying with all state and federal laws or rules governing the practice of pharmacy.(E) The dispensing pharmacist shall ensure that the drug is dispensed and delivered safely and accurately as prescribed.(2) Special requirements for compounding.(A) Non-sterile preparations. All pharmacists engaged in compounding non-sterile preparations, including radioactive preparations, shall meet the training requirements specified in §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations). (B) Sterile Preparations. All pharmacists engaged in compounding sterile preparations, including radioactive preparations, shall meet the training requirements specified in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations).(3) Duties. Duties which may only be performed by an authorized nuclear pharmacist are as follows:(A) receiving oral prescription drug orders for controlled substances and reducing these orders to writing, either manually or electronically;(B) interpreting and evaluating radioactive prescription drug orders;(C) selecting drug products; and(D) performing the final check of the dispensed prescription before delivery to the patient to ensure that the radioactive prescription drug order has been dispensed accurately as prescribed.(d) Pharmacy Technicians and Pharmacy Technician Trainees. (1) General. All pharmacy technicians and pharmacy technician trainees shall meet the training requirements specified in §297.6 of this title (relating to Pharmacy Technician and Pharmacy Technician Trainee Training).(2) Special requirements for compounding.(A) Non-sterile preparations. All pharmacy technicians and pharmacy technician trainees engaged in compounding non-sterile preparations, including radioactive preparations, shall meet the training requirements specified in §291.131 of this title.(B) Sterile Preparations. All pharmacy technicians and pharmacy technician trainees engaged in compounding sterile preparations, including radioactive preparations, shall meet the training requirements specified in §291.133 of this title.(3) Duties.(A) Pharmacy technicians and pharmacy technician trainees may not perform any of the duties listed in subsection (c)(3) of this section.(B) An authorized nuclear pharmacist may delegate to pharmacy technicians and pharmacy technician trainees any nuclear pharmacy technique which is associated with the preparation and distribution of radiopharmaceuticals provided:(i) an authorized nuclear pharmacist verifies the accuracy of all acts, tasks, and functions performed by pharmacy technicians and pharmacy technician trainees; and(ii) pharmacy technicians and pharmacy technician trainees are under the direct supervision of and responsible to a pharmacist.(4) Ratio of authorized nuclear pharmacist to pharmacy technicians and pharmacy technician trainees.(A) The ratio of authorized nuclear pharmacists to pharmacy technicians and pharmacy technician trainees may be 1:6, provided at least three of the six are pharmacy technicians and are trained in the handling of radioactive materials.(B) The ratio of authorized nuclear pharmacists to pharmacy technician trainees may not exceed 1:3.", "sourceNote": "Source Note: The provisions of this §291.53 adopted to be effective March 19, 1998, 23 TexReg 2815; amended to be effective September 16, 1999, 24 TexReg 7259; amended to be effective September 12, 2001, 26 TexReg 6920; amended to be effective March 4, 2004, 29 TexReg 1999; amended to be effective June 6, 2004, 29 TexReg 5362; amended to be effective September 14, 2010, 35 TexReg 8357; amended to be effective June 7, 2012, 37 TexReg 4047; amended to be effective March 26, 2014, 39 TexReg 2080; amended to be effective September 14, 2015, 40 TexReg 6110; amended to be effective December 6, 2015, 40 TexReg 8766; amended to be effective December 10, 2020, 45 TexReg 8854." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173432", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "C", "label": "NUCLEAR PHARMACY (CLASS B)" }, "rule": { "number": "§291.54", "label": "Operational Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225222", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirements.(1) It is unlawful for a person to provide radioactive drug services unless such provision is performed by a person licensed to act as an authorized nuclear pharmacist, as defined by the board, or is a person acting under the direct supervision of an authorized nuclear pharmacist acting in accordance with the Act and its rules, and the regulations of the Texas Department of State Health Services, Radiation Control Program. Subsection (a) of this section does not apply to:(A) a licensed practitioner or his or her designated agent for administration to his or her patient, provided no person may receive, possess, use, transfer, own, acquire, or dispose of radiopharmaceuticals except as authorized in a specific or a general license as provided in accordance with the requirements of the Texas Department of State Health Services, Radiation Control Program, Texas Administrative Code, Title 25, Part 1, Subchapter F, §289.252 relating to Licensing of Radioactive Material, or the Act;(B) institutions and/or facilities with nuclear medicine services operated by practitioners and who are licensed by the Texas Department of State Health Services, Radiation Control Program, to prescribe, administer, and dispense radioactive materials (drugs and/or devices).(2) An applicant for a Class B pharmacy shall provide evidence to the board of the possession of a Texas Department of State Health Services radioactive material license or proof of application for a radioactive material license.(3) A Class B pharmacy shall register with the board on a pharmacy license application provided by the board, following the procedures specified in §291.1 of this title (relating to Pharmacy License Application).(4) A Class B pharmacy which changes ownership shall notify the board within ten days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(5) A Class B pharmacy which changes location and/or name shall notify the board within ten days of the change and file for an amended license as specified in §291.3 of this title.(6) A Class B pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within ten days of the change, following the procedures in §291.3 of this title.(7) A Class B pharmacy shall notify the board in writing within ten days of closing, following the procedures in §291.5 of this title (relating to Closing a Pharmacy).(8) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(9) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance and renewal of a license and the issuance of an amended license.(10) A Class B pharmacy, licensed under the provisions of the Act, §560.051(a)(2), which also operates another type of pharmacy which would otherwise be required to be licensed under the Act, §560.051(a)(1), concerning community pharmacy (Class A), is not required to secure a license for such other type of pharmacy; provided, however, such licensee is required to comply with the provisions of §291.31 of this title (relating to Definitions); §291.32 of this title (relating to Personnel); §291.33 of this title (relating to Operational Standards); §291.34 of this title (relating to Records); and §291.35 of this title (relating to Official Prescription Requirements), to the extent such rules are applicable to the operation of the pharmacy.(11) A Class B pharmacy engaged in the compounding of non-sterile preparations, including radioactive preparations, shall comply with the provisions of §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations).(12) A Class B pharmacy engaged in the compounding of sterile preparations, including radioactive preparations, shall comply with the provisions of §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations) using only radiopharmaceuticals from FDA-approved drug products.(13) Effective June 1, 2016, a Class B pharmacy may not renew a pharmacy license unless the pharmacy has been inspected by the board within the last renewal period.(b) Environment.(1) General requirements.(A) The pharmacy shall be arranged in an orderly fashion and kept clean. All required equipment shall be clean and in good operating condition.(B) The pharmacy shall have a sink with hot and cold running water within the pharmacy, exclusive of restroom facilities, available to all pharmacy personnel and maintained in a sanitary condition.(C) The pharmacy shall be properly lighted and ventilated.(D) The temperature of the pharmacy shall be maintained within a range compatible with the proper storage of drugs. The temperature of the refrigerator shall be maintained within a range compatible with the proper storage of drugs requiring refrigeration.(E) If the pharmacy has flammable materials, the pharmacy shall have a designated area for the storage of flammable materials. Such area shall meet the requirements set by local and state fire laws.(2) Security requirements.(A) All areas occupied by a pharmacy shall be capable of being locked by key, combination or other mechanical or electronic means to prohibit unauthorized access, when a pharmacist is not on-site except as provided in subparagraph (B) of this paragraph.(B) The pharmacy may authorize personnel to gain access to that area of the pharmacy containing dispensed radiopharmaceuticals, in the absence of the pharmacist, for the purpose of retrieving the radiopharmaceuticals to be delivered patients. If the pharmacy allows such after-hours access, the area containing the dispensed radiopharmaceuticals shall be an enclosed and lockable area separate from the area containing undispensed prescription drugs. A list of the authorized personnel having such access shall be in the pharmacy's policy and procedure manual.(C) Each pharmacist while on duty shall be responsible for the security of the prescription department, including provisions for effective control against theft or diversion of prescription drugs, and records for such drugs(c) Prescription dispensing and delivery.(1) Generic Substitution. A pharmacist may substitute on a prescription drug order issued for a brand name product provided the substitution is authorized and performed in compliance with Chapter 309 of this title (relating to Substitution of Drug Products).(2) Prescription containers (immediate inner containers).(A) A drug dispensed pursuant to a radioactive prescription drug order shall be dispensed in an appropriate immediate inner container as follows.(i) If a drug is susceptible to light, the drug shall be dispensed in a light-resistant container.(ii) If a drug is susceptible to moisture, the drug shall be dispensed in a tight container.(iii) The container should not interact physically or chemically with the drug product placed in it so as to alter the strength, quality, or purity of the drug beyond the official requirements.(B) Immediate inner prescription containers or closures shall not be re-used.(3) Delivery containers (outer containers).(A) Prescription containers may be placed in suitable containers for delivery which will transport the radiopharmaceutical safely in compliance with all applicable laws and regulations.(B) Delivery containers may be re-used provided they are maintained in a manner to prevent cross contamination.(4) Labeling.(A) The immediate inner container of a radiopharmaceutical shall be labeled with:(i) standard radiation symbol;(ii) the words \"caution-radioactive material\" or \"danger, radioactive material\";(iii) the name of the radiopharmaceutical or its abbreviation; and(iv) the unique identification number of the prescription.(B) The outer container of a radiopharmaceutical shall be labeled with:(i) the name, address, and phone number of the pharmacy;(ii) the date dispensed;(iii) the directions for use, if applicable;(iv) the unique identification number of the prescription;(v) the name of the patient if known, or the statement, \"for physician use\" if the patient is unknown;(vi) the standard radiation symbol;(vii) the words \"caution-radioactive material\" or \"danger, radioactive material\";(viii) the name of the radiopharmaceutical or its abbreviation;(ix) the amount of radioactive material contained in millicuries (mCi), microcuries (uCi), or bequerels (Bq) and the corresponding time that applies to this activity, if different from the requested calibration date and time;(x) the initials or identification codes of the person preparing the product and the authorized nuclear pharmacist who checked and released the final product unless recorded in the pharmacy's data processing system. The record of the identity of these individuals shall not be altered in the pharmacy's data processing system.(xi) if a liquid, the volume in milliliters;(xii) the requested calibration date and time; and(xiii) the expiration date and/or time.(C) The amount of radioactivity shall be determined by radiometric methods for each individual preparation immediately at the time of dispensing and calculations shall be made to determine the amount of activity that will be present at the requested calibration date and time, due to radioactive decay in the intervening period, and this activity and time shall be placed on the label per requirements set out in paragraph (4) of this subsection.(d) Equipment. The following minimum equipment is required in a nuclear pharmacy:(1) vertical laminar flow hood;(2) dose calibrator;(3) a calibrated system or device (i.e., thermometer) to monitor the temperature to ensure that proper storage requirements are met, if preparations are stored in the refrigerator;(4) if applicable, a Class A prescription balance, or analytical balance and weights. Such balance shall be properly maintained and subject to periodic inspection by the board.(5) scintillation analyzer;(6) microscope and hemocytometer;(7) equipment and utensils necessary for the proper compounding of prescription drug or medication orders. Such equipment and utensils used in the compounding process shall be:(A) of appropriate design, appropriate capacity, and be operated within designed operational limits;(B) of suitable composition so that surfaces that contact components, in-process material, or drug products shall not be reactive, additive, or absorptive so as to alter the safety, identity, strength, quality, or purity of the drug product beyond acceptable standards;(C) cleaned and sanitized immediately prior to each use; and(D) routinely inspected, calibrated (if necessary), or checked to ensure proper performance;(8) appropriate disposal containers for used needles, syringes, etc., and if applicable, cytotoxic waste from the preparation of chemotherapeutic agents, and/or biohazardous waste;(9) all necessary supplies, including:(A) disposable needles, syringes, and other aseptic mixing;(B) disinfectant cleaning solutions;(C) hand washing agents with bactericidal action;(D) disposable, lint free towels or wipes;(E) appropriate filters and filtration equipment;(F) radioactive spill kits, if applicable; and(G) masks, caps, coveralls or gowns with tight cuffs, shoe covers, and gloves, as applicable.(10) adequate glassware, utensils, gloves, syringe shields and remote handling devices, and adequate equipment for product quality control;(11) adequate shielding material;(12) data processing system including a printer or comparable equipment;(13) radiation dosimeters for visitors and personnel and log entry book;(14) exhaust/fume hood with monitor, for storage and handling of all volatile radioactive drugs if applicable, to be determined by the Texas Department of State Health Services, Radiation Control Program; and(15) adequate radiation monitor(s).(e) Library. A nuclear pharmacy shall maintain a reference library which shall include the following in hard copy or electronic format current or updated copies of the following:(1) Texas Pharmacy Act and rules;(2) Texas Dangerous Drug Act and rules;(3) Texas Controlled Substances Act and rules; and(4) Federal Controlled Substances Act and rules (or official publication describing the requirements of the Federal Controlled Substances Act and rules); and(5) a minimum of one text dealing with nuclear medicine science.(f) Radiopharmaceuticals and/or radioactive materials.(1) General requirements.(A) Radiopharmaceuticals may only be dispensed pursuant to a radioactive prescription drug order.(B) An authorized nuclear pharmacist may distribute radiopharmaceuticals to authorized users for patient use. A nuclear pharmacy may furnish radiopharmaceuticals for departmental or physicians' use if such authorized users maintain a Texas radioactive materials license.(C) An authorized nuclear pharmacist may transfer to authorized users radioactive materials not intended for drug use in accordance with the requirements of the Texas Department of State Health Services, Radiation Control Program, Texas Administrative Code, Title 25, Part 1, Subchapter F, §289.252 relating to Licensing of Radioactive Material.(D) The transportation of radioactive materials from the nuclear pharmacy must be in accordance with current state and federal transportation regulations.(2) Procurement and storage.(A) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff relative to such responsibility.(B) Prescription drugs and devices shall be stored within the prescription department or a locked storage area.(C) All drugs shall be stored at the proper temperature, as defined in the USP/NF and §291.15 of this title (relating to Storage of Drugs).(D) The pharmacy's generator(s) shall be stored and eluted in an ISO Class 7 or ISO Class 8 environment as specified in §291.133 of this title.(3) Out-of-date and other unusable drugs or devices.(A) Any drug or device bearing an expiration date shall not be dispensed beyond the expiration date of the drug or device.(B) Outdated and other unusable drugs or devices shall be removed from dispensing stock and shall be quarantined together until such drugs or devices are disposed of properly.", "sourceNote": "Source Note: The provisions of this §291.54 adopted to be effective March 19, 1998, 23 TexReg 2815; amended to be effective June 1, 2002, 27 TexReg 1781; amended to be effective June 23, 2003, 28 TexReg 4638; amended to be effective June 6, 2004, 29 TexReg 5362; amended to be effective September 14, 2010, 35 TexReg 8357; amended to be effective September 14, 2015, 40 TexReg 6110." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225222", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "C", "label": "NUCLEAR PHARMACY (CLASS B)" }, "rule": { "number": "§291.55", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11598", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Maintenance of records.(1) Every inventory or other record required to be kept under this section shall be:(A) kept by the pharmacy and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative, and other authorized local, state, or federal law enforcement agencies; and(B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the board. If the pharmacy maintains the records in an electronic format, the requested records must be provided in a mutually agreeable electronic format it specifically requested by the board or its representative. Failure to provide the records set out in this subsection, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(2) Records of controlled substances listed in Schedules I and II shall be maintained separately from all other records of the pharmacy.(3) Records of controlled substances, other than original prescription drug orders, listed in Schedules III - V shall be maintained separately or readily retrievable from all other records of the pharmacy. For purposes of this subsection, \"readily retrievable\" means that the controlled substances shall be asterisked, red-lined, or in some other manner readily identifiable apart from all other items appearing on the record.(4) Records, except when specifically required to be maintained in original or hard copy form, may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:(A) the records maintained in the alternative system contain all of the information required on the manual record; and(B) the data processing system is capable of producing a hard copy of the record upon request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(b) Prescriptions.(1) Professional responsibility. Pharmacists shall exercise sound professional judgment with respect to the accuracy and authenticity of any radioactive prescription drug order they dispense. If the pharmacist questions the accuracy or authenticity of a radioactive prescription drug order, he/she shall verify the order with the practitioner prior to dispensing.(2) Oral radioactive prescription drug orders.(A) Only a pharmacist may receive an oral prescription drug order for a controlled substance. Only an authorized nuclear pharmacist, or a pharmacist-intern or pharmacy technician under the direct supervision of an authorized nuclear pharmacist, may receive from a practitioner or a practitioner's designated agent:(i) an oral therapeutic prescription drug order; or(ii) an oral diagnostic prescription drug order in instances where patient specificity is required for patient safety (e.g., radiolabeled blood products, radiolabeled antibodies).(B) A practitioner shall designate in writing the name of each agent authorized by the practitioner to communicate prescriptions orally for the practitioner. The practitioner shall maintain at the practitioner's usual place of business a list of the designated agents. The practitioner shall provide a pharmacist with a copy of the practitioner's written authorization for a specific agent on the pharmacist's request.(C) A pharmacist may not dispense an oral radioactive prescription drug order for a dangerous drug or a controlled substance issued by a practitioner licensed in the Dominion of Canada or the United Mexican States unless the practitioner is also licensed in Texas.(3) Radioactive prescription drug orders issued by practitioners in another state.(A) Dangerous drug prescription orders. A pharmacist may dispense a radioactive prescription drug order for dangerous drugs issued by practitioners in a state other than Texas in the same manner as radioactive prescription drug orders for dangerous drugs issued by practitioners in Texas are dispensed.(B) Controlled substance prescription drug orders. A pharmacist may dispense radioactive prescription drug orders for controlled substances in Schedule III, IV, or V issued by a practitioner in another state provided:(i) the radioactive prescription drug order is written, oral, or telephonically or electronically communicated prescription as allowed by the DEA issued by a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current federal Drug Enforcement Administration registration number, and who may legally prescribe Schedule III, IV, or V controlled substances in such other state; and(ii) the radioactive prescription drug order is not dispensed more than six months from the initial date of issuance.(4) Radioactive prescription drug orders issued by practitioners in the United Mexican States or the Dominion of Canada.(A) Controlled substance prescription drug orders. A pharmacist may not dispense a radioactive prescription drug order for a Schedule II, III, IV, or V controlled substance issued by a practitioner licensed in the Dominion of Canada or the United Mexican States.(B) Dangerous drug prescription drug orders. A pharmacist may dispense a radioactive prescription drug order for a dangerous drug issued by a person licensed in the Dominion of Canada or the United Mexican States as a physician, dentist, veterinarian, or podiatrist provided the radioactive prescription drug order is an original written prescription.(C) Prescription drug orders for Schedule II controlled substances. No Schedule II controlled substance may be dispensed without a written prescription drug order of a practitioner on an official prescription form as required by the Texas Controlled Substances Act, §481.075. (5) Electronic radioactive prescription drug orders. For the purpose of this paragraph, electronic radioactive prescription drug orders shall be considered the same as oral radioactive prescription drug orders.(A) An electronic radioactive prescription drug order may be transmitted by a practitioner or a practitioner's designated agent:(i) directly to a pharmacy; or(ii) through the use of a data communication device provided:(I) the confidential prescription information is not altered during transmission; and(II) confidential patient information is not accessed or maintained by the operator of the data communication device other than for legal purposes under federal and state law.(B) A practitioner shall designate in writing the name of each agent authorized by the practitioner to electronically transmit prescriptions for the practitioner. The practitioner shall maintain at the practitioner's usual place of business a list of the designated agents. The practitioner shall provide a pharmacist with a copy of the practitioner's written authorization for a specific agent on the pharmacist's request.(C) A pharmacist may not dispense an electronic radioactive prescription drug order for a:(i) Schedule II controlled substance except as authorized in §481.075, Health and Safety Code; or(ii) dangerous drug or controlled substance issued by a practitioner licensed in the Dominion of Canada or the United Mexican States unless the practitioner is also licensed in Texas.(6) Original prescription drug order records.(A) Original prescriptions shall be maintained and readily retrievable by the pharmacy and remain accessible for a period of two years from the date of filling.(B) If an original prescription drug order is changed, such prescription order shall be invalid and of no further force and effect; if additional drugs are to be dispensed, a new prescription drug order with a new and separate number is required.(C) Original prescriptions shall be maintained in one of the following formats:(i) in three separate files as follows:(I) prescriptions for controlled substances listed in Schedule II;(II) prescriptions for controlled substances listed in Schedules III - V; and(III) prescriptions for dangerous drugs and nonprescription drugs; or(ii) within a patient medication record system provided that original prescriptions for controlled substances are maintained separate from original prescriptions for noncontrolled substances and prescriptions for Schedule II controlled substances are maintained separate from all other original prescriptions.(D) Original prescription records other than prescriptions for Schedule II controlled substances may be stored on microfilm, microfiche, or other system which is capable of producing a direct image of the original prescription record, e.g., a digitalized imaging system. If original prescription records are stored in a direct imaging system, the following is applicable:(i) The original prescription records must be maintained and readily retrievable as specified in subparagraph (C) of this paragraph. (ii) The pharmacy must provide immediate access to equipment necessary to render the records easily readable.(7) Prescription drug order information.(A) All original radioactive prescription drug orders shall bear:(i) the name of the patient, if applicable at the time of the order;(ii) the name of the institution;(iii) the name, and if for a controlled substance, the address and DEA registration number of the practitioner;(iv) the name of the radiopharmaceutical;(v) the amount of radioactive material contained in millicuries (mCi), microcuries (uCi), or bequerels (Bq) and the corresponding time that applies to this activity, if different than the requested calibration date and time;(vi) the date and time of calibration; and(vii) the date of issuance.(B) At the time of dispensing, a pharmacist is responsible for the addition of the following information to the original prescription: (i) the unique identification number of the prescription drug order;(ii) the initials or identification code of the person who compounded the sterile radiopharmaceutical and the pharmacist who checked and released the product unless maintained in a readily retrievable format;(iii) the name, quantity, lot number, and expiration date of each product used in compounding the sterile radiopharmaceutical; and(iv) the date of dispensing, if different from the date of issuance.(8) Refills. A radioactive prescription drug order must be filled from an original prescription which may not be refilled.(c) Policy and procedure manual.(1) All nuclear pharmacies shall maintain a policy and procedure manual. The nuclear pharmacy policy and procedure manual is a compilation of written policy and procedure statements.(2) A technical operations manual governing all nuclear pharmacy functions shall be prepared. It shall be continually revised to reflect changes in techniques, organizations, etc. All pharmacy personnel shall be familiar with the contents of the manual.(3) The nuclear pharmacy policies and procedures manual shall be prepared by the pharmacist-in-charge with input from the affected personnel and from other involved staff and committees to govern procurement, preparation, distribution, storage, disposal, and control of all drugs used and the need for policies and procedures relative to procurement of multisource items, inventory, investigational drugs, and new drug applications.(d) Other records. Other records to be maintained by a pharmacy:(1) a permanent log of the initials or identification codes which identifies each dispensing pharmacist by name (the initials or identification codes shall be unique to ensure that each pharmacist can be identified, i.e., identical initials or identification codes shall not be used);(2) copy 3 of DEA order forms (DEA 222) which have been properly dated, initialed, and filed, and all copies of each unaccepted or defective order form and any attached statements or other documents;(3) a hard copy of the power of attorney to sign DEA 222 order forms (if applicable);(4) suppliers' invoices of controlled substances; a pharmacist shall verify that the controlled drugs listed on the invoices were actually received by clearly recording his/her initials and the actual date of receipt of the controlled substances;(5) suppliers' credit memos for controlled substances and dangerous drugs;(6) a hard copy of inventories required by §291.17 of this title (relating to Inventory Requirements);(7) hard copy reports of surrender or destruction of controlled substances and/or dangerous drugs to an appropriate state or federal agency;(8) records of distribution of controlled substances and/or dangerous drugs to other pharmacies, practitioners, or registrants; and(9) a hard copy of any notification required by the Texas Pharmacy Act or these sections, including, but not limited to, the following:(A) reports of theft or significant loss of controlled substances to DEA and the board;(B) notifications of a change in pharmacist-in-charge of a pharmacy; and(C) reports of a fire or other disaster which may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or treatment of injury, illness, and disease.(e) Permission to maintain central records. Any pharmacy that uses a centralized recordkeeping system for invoices and financial data shall comply with the following procedures.(1) Controlled substance records. Invoices and financial data for controlled substances may be maintained at a central location provided the following conditions are met.(A) Prior to the initiation of central recordkeeping, the pharmacy submits written notification by registered or certified mail to the divisional director of DEA as required by the Code of Federal Regulations, Title 21, §1304.04(a), and submits a copy of this written notification to the board. Unless the registrant is informed by the divisional director of DEA that permission to keep central records is denied, the pharmacy may maintain central records commencing 14 days after receipt of notification by the divisional director.(B) The pharmacy maintains a copy of the notification required in subparagraph (A) of this paragraph.(C) The records to be maintained at the central record location shall not include executed DEA order forms, prescription drug orders, or controlled substance inventories, which shall be maintained at the pharmacy.(2) Dangerous drug records. Invoices and financial data for dangerous drugs may be maintained at a central location.(3) Access to records. If the records are kept on microfilm, computer media, or in any form requiring special equipment to render the records easily readable, the pharmacy shall provide access to such equipment with the records.(4) Delivery of records. The pharmacy agrees to deliver all or any part of such records to the pharmacy location within two business days of written request of an authorized agent of the board or any other authorized official.(5) Ownership of pharmacy records. For purposes of these sections, a pharmacy licensed under the Act is the only entity which may legally own and maintain prescription drug records.", "sourceNote": "Source Note: The provisions of this §291.55 adopted\r\nto be effective March 19, 1998, 23 TexReg 2815; amended to be effective\r\nJune 1, 2002, 27 TexReg 1781; amended to be effective June 6, 2004,\r\n29 TexReg 5362; amended to be effective December 3, 2006, 31 TexReg\r\n9610; amended to be effective September 14, 2010, 35 TexReg 8357;\r\namended to be effective June 20, 2019, 44 TexReg 2947; amended to\r\nbe effective December 10, 2020, 45 TexReg 8855; amended to be effective\r\nMay 28, 2025, 50 TexReg 3127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11598", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "D", "label": "INSTITUTIONAL PHARMACY (CLASS C)" }, "rule": { "number": "§291.71", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226924", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of these sections is to provide standards in the conduct, practice activities, and operation of a pharmacy located in a hospital or other inpatient facility that is licensed under the Texas Hospital Licensing Law, the Health and Safety Code, Chapter 241, or the Texas Mental Health Code, Chapter 6, Texas Civil Statutes, Article 5547-1 et seq., or a pharmacy located in a hospital maintained or operated by the state. The intent of these standards is to establish a minimum acceptable level of pharmaceutical care to the patient so that the patient's health is protected while contributing to positive patient outcomes.", "sourceNote": "Source Note: The provisions of this §291.71 adopted to be effective April 23, 1982, 7 TexReg 1469; amended to be effective September 14, 1988, 13 TexReg 4318; amended to be effective September 5, 1990, 15 TexReg 4810; amended to be effective March 16, 1995, 20 TexReg 1543." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226924&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226924", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "D", "label": "INSTITUTIONAL PHARMACY (CLASS C)" }, "rule": { "number": "§291.72", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211226", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accurately as prescribed--Distributing and/or delivering a medication drug order:(A) to the correct patient (or agent of the patient) for whom the drug or device was prescribed;(B) with the correct drug in the correct strength, quantity, and dosage form ordered by the practitioner; and(C) with correct labeling as ordered by the practitioner and required by rule.(2) Act--The Texas Pharmacy Act, Chapters 551 - 566 and 568 - 569, Occupations Code, as amended.(3) Administer--The direct application of a prescription drug by injection, inhalation, ingestion, or any other means to the body of a patient by:(A) a practitioner, an authorized agent under his supervision, or other person authorized by law; or(B) the patient at the direction of a practitioner.(4) Automated compounding or counting device--An automated device that compounds, measures, counts and/or packages a specified quantity of dosage units of a designated drug product.(5) Automated medication supply system--A mechanical system that performs operations or activities relative to the storage and distribution of medications for administration and which collects, controls, and maintains all transaction information.(6) Board--The State Board of Pharmacy.(7) Clinical Pharmacy Program--An ongoing program in which pharmacists are on duty during the time the pharmacy is open for pharmacy services and pharmacists provide direct focused, medication-related care for the purpose of optimizing patients' medication therapy and achieving definite outcomes, which includes the following activities: (A) prospective medication therapy consultation, selection, and adjustment;(B) monitoring laboratory values and therapeutic drug monitoring;(C) identifying and resolving medication-related problems; and(D) disease state management.(8) Common ownership--Two or more pharmacies with an identical owner of record with the board or that have owners of record with the board that are a parent, subsidiary, or affiliate of one another under §1.002, Business Organizations Code.(9) Confidential record--Any health-related record that contains information that identifies an individual and that is maintained by a pharmacy or pharmacist, such as a patient medication record, prescription drug order, or medication drug order.(10) Consultant pharmacist--A pharmacist retained by a facility on a routine basis to consult with the facility in areas that pertain to the practice of pharmacy.(11) Controlled substance--A drug, immediate precursor, or other substance listed in Schedules I - V or Penalty Groups 1 - 4 of the Texas Controlled Substances Act, as amended, or a drug, immediate precursor, or other substance included in Schedules I - V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (Public Law 91-513).(12) Dangerous drug--A drug or device that:(A) is not included in Penalty Group 1, 2, 3, or 4, Chapter 481, Health and Safety Code, and is unsafe for self-medication; or(B) bears or is required to bear the legend:(i) \"Caution: federal law prohibits dispensing without prescription\" or \"Rx only\" or another legend that complies with federal law; or(ii) \"Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian.\"(13) Device--An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component part or accessory, that is required under federal or state law to be ordered or prescribed by a practitioner. (14) Direct copy--Electronic copy or carbonized copy of a medication order, including a facsimile (FAX) or digital image.(15) Dispense--Preparing, packaging, compounding, or labeling for delivery a prescription drug or device in the course of professional practice to an ultimate user or his agent by or pursuant to the lawful order of a practitioner.(16) Distribute--The delivery of a prescription drug or device other than by administering or dispensing.(17) Distributing pharmacist--The pharmacist who checks the medication order prior to distribution.(18) Downtime--Period of time during which a data processing system is not operable.(19) Drug regimen review--(A) An evaluation of medication orders and patient medication records for:(i) known allergies;(ii) rational therapy--contraindications;(iii) reasonable dose and route of administration;(iv) reasonable directions for use;(v) duplication of therapy;(vi) drug-drug interactions;(vii) drug-food interactions;(viii) drug-disease interactions;(ix) adverse drug reactions; and(x) proper utilization, including overutilization or underutilization.(B) The drug regimen review may be conducted prior to administration of the first dose (prospective) or after administration of the first dose (retrospective).(20) Electronic signature--A unique security code or other identifier which specifically identifies the person entering information into a data processing system. A facility which utilizes electronic signatures must:(A) maintain a permanent list of the unique security codes assigned to persons authorized to use the data processing system; and(B) have an ongoing security program which is capable of identifying misuse and/or unauthorized use of electronic signatures.(21) Expiration date--The date (and time, when applicable) beyond which a product should not be used.(22) Facility--(A) a hospital or other patient facility that is licensed under Chapter 241 or 577, Health and Safety Code;(B) a hospice patient facility that is licensed under Chapter 142, Health and Safety Code;(C) an ambulatory surgical center licensed under Chapter 243, Health and Safety Code; or(D) a hospital maintained or operated by the state.(23) Floor stock--Prescription drugs or devices not labeled for a specific patient and maintained at a nursing station or other hospital department (excluding the pharmacy) for the purpose of administration to a patient of the facility.(24) Formulary--List of drugs approved for use in the facility by the committee which performs the pharmacy and therapeutics function for the facility.(25) Full-time pharmacist--A pharmacist who works in a pharmacy from 30 to 40 hours per week or if the pharmacy is open less than 60 hours per week, one-half of the time the pharmacy is open.(26) Hard copy--A physical document that is readable without the use of a special device (i.e., data processing system, computer, etc).(27) Hot water--The temperature of water from the pharmacy's sink maintained at a minimum of 105 degrees F (41 degrees C).(28) Institutional pharmacy--Area or areas in a facility where drugs are stored, bulk compounded, delivered, compounded, dispensed, and distributed to other areas or departments of the facility, or dispensed to an ultimate user or his or her agent.(29) Investigational new drug--New drug intended for investigational use by experts qualified to evaluate the safety and effectiveness of the drug as authorized by the Food and Drug Administration. (30) Medical Practice Act--The Texas Medical Practice Act, Subtitle B, Occupations Code, as amended.(31) Medication order--A written order from a practitioner or a verbal order from a practitioner or his authorized agent for administration of a drug or device.(32) Number of beds--The total number of beds is determined by the:(A) number of beds for which the hospital is licensed by the Texas Department of State Health Services; or(B) average daily census as calculated by dividing the total number of inpatients admitted during the previous calendar year by 365 (or 366 if the previous calendar year is a leap year).(33) Owner of record--The direct owner of the pharmacy provided on the pharmacy's application for a pharmacy license or most recent approved change of ownership form.(34) Part-time pharmacist--A pharmacist either employed or under contract, who routinely works less than full-time.(35) Patient--A person who is receiving services at the facility (including patients receiving ambulatory procedures and patients conditionally admitted as observation patients), or who is receiving long term care services or Medicare extended care services in a swing bed on the hospital premise or an adjacent, readily accessible facility that is under the authority of the hospital's governing body. For the purposes of this definition, the term \"long term care services\" means those services received in a skilled nursing facility which is a distinct part of the hospital and the distinct part is not licensed separately or formally approved as a nursing home by the state, even though it is designated or certified as a skilled nursing facility. A patient includes a person confined in any correctional institution operated by the state of Texas.(36) Perpetual inventory--An inventory which documents all receipts and distributions of a drug product, such that an accurate, current balance of the amount of the drug product present in the pharmacy is indicated.(37) Pharmaceutical care--The provision of drug therapy and other pharmaceutical services intended to assist in the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process.(38) Pharmacist-in-charge--Pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for a pharmacy's compliance with laws and rules pertaining to the practice of pharmacy.(39) Pharmacy and therapeutics function--Committee of the medical staff in the facility which assists in the formulation of broad professional policies regarding the evaluation, selection, distribution, handling, use, and administration, and all other matters relating to the use of drugs and devices in the facility.(40) Pharmacy technician--An individual who is registered with the board as a pharmacy technician and whose responsibility in a pharmacy is to provide technical services that do not require professional judgment regarding preparing and distributing drugs and who works under the direct supervision of and is responsible to a pharmacist.(41) Pharmacy technician trainee--An individual who is registered with the board as a pharmacy technician trainee and is authorized to participate in a pharmacy's technician training program.(42) Pre-packaging--The act of re-packaging and re-labeling quantities of drug products from a manufacturer's original container into unit-dose packaging or a multiple dose container for distribution within the facility except as specified in §291.74(f)(3)(B) of this title (relating to Operational Standards).(43) Prescription drug--(A) A substance for which federal or state law requires a prescription before it may be legally dispensed to the public;(B) A drug or device that under federal law is required, prior to being dispensed or delivered, to be labeled with either of the following statements:(i) Caution: federal law prohibits dispensing without prescription or \"Rx only\" or another legend that complies with federal law; or(ii) Caution: federal law restricts this drug to use by or on order of a licensed veterinarian; or(C) A drug or device that is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by a practitioner only.(44) Prescription drug order--(A) a written order from a practitioner or a verbal order from a practitioner or his authorized agent to a pharmacist for a drug or device to be dispensed; or(B) a written order or a verbal order pursuant to Subtitle B, Chapter 157, Occupations Code.(45) Rural hospital--A licensed hospital with 75 beds or fewer that:(A) is located in a county with a population of 50,000 or less as defined by the United States Census Bureau in the most recent U.S. census; or(B) has been designated by the Centers for Medicare and Medicaid Services as a critical access hospital, rural referral center, or sole community hospital.(46) Sample--A prescription drug which is not intended to be sold and is intended to promote the sale of the drug.(47) Supervision--(A) Physically present supervision--In a Class C pharmacy, a pharmacist shall be physically present to directly supervise pharmacy technicians or pharmacy technician trainees.(B) Electronic supervision--In a Class C pharmacy in a facility with 100 beds or less, a pharmacist licensed in Texas may electronically supervise pharmacy technicians or pharmacy technician trainees to perform the duties specified in §291.73(e)(2) of this title (relating to Personnel) provided:(i) the pharmacy uses a system that monitors the data entry of medication orders and the filling of such orders by an electronic method that shall include the use of one or more the following types of technology:(I) digital interactive video, audio, or data transmission; (II) data transmission using computer imaging by way of still-image capture and store and forward; and(III) other technology that facilitates access to pharmacy services;(ii) the pharmacy establishes controls to protect the privacy and security of confidential records;(iii) the pharmacist responsible for the duties performed by a pharmacy technician or pharmacy technician trainee verifies:(I) the data entry; and(II) the accuracy of the filled orders prior to release of the order; and(iv) the pharmacy keeps permanent digital records of duties electronically supervised and data transmissions associated with electronically supervised duties for a period of two years.(C) If the conditions of subparagraph (B) of this paragraph are met, electronic supervision shall be considered the equivalent of direct supervision for the purposes of the Act.(48) Tech-Check-Tech--Allowing a pharmacy technician to verify the accuracy of work performed by another pharmacy technician relating to the filling of floor stock and unit dose distribution systems for a patient admitted to the hospital if the patient's orders have previously been reviewed and approved by a pharmacist.(49) Texas Controlled Substances Act--The Texas Controlled Substances Act, the Health and Safety Code, Chapter 481, as amended.(50) Unit-dose packaging--The ordered amount of drug in a dosage form ready for administration to a particular patient, by the prescribed route at the prescribed time, and properly labeled with name, strength, and expiration date of the drug.(51) Unusable drugs--Drugs or devices that are unusable for reasons, such as they are adulterated, misbranded, expired, defective, or recalled.(52) Written protocol--A physician's order, standing medical order, standing delegation order, or other order or protocol as defined by rule of the Texas Medical Board under the Texas Medical Practice Act Subtitle B, Chapter 157, Occupations Code.", "sourceNote": "Source Note: The provisions of this §291.72 adopted\r\nto be effective April 23, 1982, 7 TexReg 1469; amended to be effective\r\nDecember 18, 1985, 10 TexReg 4694; amended to be effective May 27,\r\n1988, 13 TexReg 2251; amended to be effective February 1, 1989, 14\r\nTexReg 453; amended to be effective October 27, 1989, 14 TexReg 5494;\r\namended to be effective September 5, 1990, 15 TexReg 4810; amended\r\nto be effective September 30, 1993, 18 TexReg 6460; amended to be\r\neffective March 16, 1995, 20 TexReg 1543; amended to be effective\r\nMarch 21, 1996, 21 TexReg 2242; amended to be effective April 7, 1997,\r\n22 TexReg 3106; amended to be effective September 16, 1999, 24 TexReg\r\n7265; amended to be effective June 4, 2000, 25 TexReg 4816; amended\r\nto be effective August 31, 2000, 25 TexReg 8406; amended to be effective\r\nMarch 7, 2001, 26 TexReg 1865; amended to be effective March 4, 2004,\r\n29 TexReg 2000; amended to be effective June 6, 2004, 29 TexReg 5376;\r\namended to be effective September 18, 2007, 32 TexReg 6333; amended\r\nto be effective September 7, 2008, 33 TexReg 7241; amended to be effective\r\nSeptember 20, 2009, 34 TexReg 6323; amended to be effective March\r\n11, 2010, 35 TexReg 2005; amended to be effective May 30, 2010, 35\r\nTexReg 4177; amended to be effective December 7, 2010, 35 TexReg 10693;\r\namended to be effective December 7, 2014, 39 TexReg 9355; amended\r\nto be effective November 30, 2025, 50 TexReg 7726." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211226&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211226", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "D", "label": "INSTITUTIONAL PHARMACY (CLASS C)" }, "rule": { "number": "§291.73", "label": "Personnel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216977", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements for pharmacist services.(1) A Class C pharmacy in a facility with 101 beds or more shall be under the continuous on-site supervision of a pharmacist during the time it is open for pharmacy services; provided, however, that pharmacy technicians and pharmacy technician trainees may distribute prepackaged and prelabeled drugs from a drug storage area of the facility (e.g., a surgery suite), in the absence of physical supervision of a pharmacist, under the following conditions:(A) the distribution is under the control of a pharmacist; and(B) a pharmacist is on duty in the facility.(2) A Class C pharmacy in a facility with 100 beds or less shall have the services of a pharmacist at least on a part-time or consulting basis according to the needs of the facility except that a pharmacist shall be on-site at least once every seven days.(3) A pharmacist shall be accessible at all times to respond to other health professional's questions and needs. Such access may be through a telephone which is answered 24 hours a day, e.g., answering or paging service, a list of phone numbers where the pharmacist may be reached, or any other system which accomplishes this purpose.(b) Pharmacist-in-charge.(1) General.(A) Each institutional pharmacy in a facility with 101 beds or more shall have one full-time pharmacist-in-charge, who may be pharmacist-in-charge for only one such pharmacy except as specified in subparagraph (C) of this paragraph.(B) Each institutional pharmacy in a facility with 100 beds or less shall have one pharmacist-in-charge who is employed or under contract, at least on a consulting or part-time basis, but may be employed on a full-time basis, if desired, and who may be pharmacist-in-charge for no more than three facilities or 150 beds.(C) A pharmacist-in-charge may be in charge of one facility with 101 beds or more and one facility with 100 beds or less, including a rural hospital, provided the total number of beds does not exceed 150 beds.(D) The pharmacist-in-charge shall be assisted by additional pharmacists, pharmacy technicians and pharmacy technician trainees commensurate with the scope of services provided.(E) If the pharmacist-in-charge is employed on a part-time or consulting basis, a written agreement shall exist between the facility and the pharmacist, and a copy of the written agreement shall be made available to the board upon request.(F) The pharmacist-in-charge of a Class C pharmacy with 101 beds or more, may not serve as the pharmacist-in-charge of a Class A pharmacy or a Class B pharmacy.(2) Responsibilities. The pharmacist-in-charge shall have the responsibility for, at a minimum, the following:(A) providing the appropriate level of pharmaceutical care services to patients of the facility;(B) ensuring that drugs and/or devices are prepared for distribution safely, and accurately as prescribed;(C) supervising a system to assure maintenance of effective controls against the theft or diversion of prescription drugs, and records for such drugs;(D) providing written guidelines and approval of the procedure to assure that all pharmaceutical requirements are met when any part of preparing, sterilizing, and labeling of sterile preparations is not performed under direct pharmacy supervision;(E) participating in the development of a formulary for the facility, subject to approval of the appropriate committee of the facility;(F) developing a system to assure that drugs to be administered to patients are distributed pursuant to an original or direct copy of the practitioner's medication order;(G) developing a system for the filling and labeling of all containers from which drugs are to be distributed or dispensed;(H) assuring that the pharmacy maintains and makes available a sufficient inventory of antidotes and other emergency drugs as well as current antidote information, telephone numbers of regional poison control center and other emergency assistance organizations, and such other materials and information as may be deemed necessary by the appropriate committee of the facility;(I) maintaining records of all transactions of the institutional pharmacy as may be required by applicable law, state and federal, and as may be necessary to maintain accurate control over and accountability for all pharmaceutical materials including pharmaceuticals, components used in the compounding of preparations, and participate in policy decisions regarding prescription drug delivery devices;(J) participating in those aspects of the facility's patient care evaluation program which relate to pharmaceutical utilization and effectiveness;(K) participating in teaching and/or research programs in the facility;(L) implementing the policies and decisions of the appropriate committee(s) relating to pharmaceutical services of the facility;(M) providing effective and efficient messenger or delivery service to connect the institutional pharmacy with appropriate areas of the facility on a regular basis throughout the normal workday of the facility;(N) developing a system for the labeling, storage, and distribution of investigational new drugs, including access to related drug information for healthcare personnel in the pharmacy and nursing station where such drugs are being administered, concerning the dosage form, route of administration, strength, actions, uses, side effects, adverse effects, interactions and symptoms of toxicity of investigational new drugs;(O) assuring that records in a data processing system are maintained such that the data processing system is in compliance with Class C (Institutional) pharmacy requirements;(P) assuring that a reasonable effort is made to obtain, record, and maintain patient medication records;(Q) assuring the legal operation of the pharmacy, including meeting all inspection and other requirements of all state and federal laws or rules governing the practice of pharmacy; and(R) if the pharmacy uses an automated medication supply system, shall be responsible for the following:(i) reviewing and approving all policies and procedures for system operation, safety, security, accuracy and access, patient confidentiality, prevention of unauthorized access, and malfunction;(ii) inspecting medications in the automated medication supply system, at least monthly, for expiration date, misbranding, physical integrity, security, and accountability; except that inspection of medications in the automated medication supply system may be performed quarterly if:(I) the facility uses automated medication supply systems that monitors expiration dates of prescription drugs; and(II) security of the system is checked at regularly defined intervals (e.g., daily or weekly);(iii) assigning, discontinuing, or changing personnel access to the automated medication supply system;(iv) ensuring that pharmacy technicians, pharmacy technician trainees, and licensed healthcare professionals performing any services in connection with an automated medication supply system have been properly trained on the use of the system and can demonstrate comprehensive knowledge of the written policies and procedures for operation of the system; and(v) ensuring that the automated medication supply system is stocked accurately and an accountability record is maintained in accordance with the written policies and procedures of operation.(c) Consultant pharmacist.(1) The consultant pharmacist may be the pharmacist-in-charge.(2) A written agreement shall exist between the facility and any consultant pharmacist, and a copy of the written agreement shall be made available to the board upon request.(d) Pharmacists.(1) General.(A) The pharmacist-in-charge shall be assisted by a sufficient number of additional licensed pharmacists as may be required to operate the institutional pharmacy competently, safely, and adequately to meet the needs of the patients of the facility.(B) All pharmacists shall assist the pharmacist-in-charge in meeting the responsibilities as outlined in subsection (b)(2) of this section and in ordering, administering, and accounting for pharmaceutical materials.(C) All pharmacists shall be responsible for any delegated act performed by pharmacy technicians or pharmacy technician trainees under his or her supervision.(D) All pharmacists while on duty, shall be responsible for complying with all state and federal laws or rules governing the practice of pharmacy.(E) A distributing pharmacist shall be responsible for and ensure that the drug is prepared for distribution safely, and accurately as prescribed unless the pharmacy's data processing system can record the identity of each pharmacist involved in a specific portion of the preparation of medication orders for distribution, in which case each pharmacist involved in the preparation of medication orders shall be responsible for and ensure that the portion of the process the pharmacist is performing results in the safe and accurate distribution and delivery of the drug as ordered. The preparation and distribution process for medication orders shall include, but not be limited to, drug regimen review, and verification of accurate medication order data entry, preparation, and distribution, and performance of the final check of the prepared medication.(2) Duties. Duties of the pharmacist-in-charge and all other pharmacists shall include, but need not be limited to the following:(A) providing those acts or services necessary to provide pharmaceutical care;(B) receiving, interpreting, and evaluating prescription drug orders, and reducing verbal medication orders to writing either manually or electronically;(C) participating in drug and/or device selection as authorized by law, drug and/or device supplier selection, drug administration, drug regimen review, or drug or drug-related research;(D) performing a specific act of drug therapy management for a patient delegated to a pharmacist by a written protocol from a physician licensed in this state in compliance with the Medical Practice Act Subtitle B, Chapter 157, Occupations Code;(E) accepting the responsibility for:(i) distributing prescription drugs and devices with drug components pursuant to medication orders;(ii) compounding and labeling of prescription drugs and devices with drug components;(iii) proper and safe storage of prescription drugs and devices with drug components; and(iv) maintaining proper records for prescription drugs and devices with drug components.(3) Special requirements for compounding. All pharmacists engaged in compounding non-sterile preparations shall meet the training requirements specified in §291.131 of this title (relating to Pharmacies Compounding Non-sterile Preparations).(e) Pharmacy technicians and pharmacy technician trainees.(1) General.(A) All pharmacy technicians and pharmacy technician trainees shall meet the training requirements specified in §297.6 of this title (relating to Pharmacy Technician and Pharmacy Technician Trainee Training).(B) A pharmacy technician performing the duties specified in paragraph (2)(C) of this subsection shall complete training regarding:(i) procedures for one pharmacy technician to verify the accuracy of actions performed by another pharmacy technician including required documentation; and(ii) the duties that may be performed by one pharmacy technician and checked by another pharmacy technician.(C) In addition to the training requirements specified in subparagraph (A) of this paragraph, pharmacy technicians working in a rural hospital and performing the duties specified in paragraph (2)(D)(ii) of this subsection shall complete the following. Training on the:(i) procedures for verification of the accuracy of actions performed by pharmacy technicians including required documentation;(ii) duties which may and may not be performed by pharmacy technicians in the absence of a pharmacist; and(iii) pharmacy technician's role in preventing dispensing and distribution errors.(2) Duties. Duties may include, but need not be limited to, the following functions under the supervision of and responsible to a pharmacist:(A) Facilities with 101 beds or more. The following functions must be performed under the physically present supervision of a pharmacist:(i) pre-packing and labeling unit and multiple dose packages, provided a pharmacist supervises and conducts a final check and affixes his or her name, initials or electronic signature to the appropriate quality control records prior to distribution;(ii) preparing, packaging, compounding, or labeling prescription drugs pursuant to medication orders, provided a pharmacist supervises and checks the preparation prior to distribution;(iii) bulk compounding or batch preparation provided a pharmacist supervises and conducts in-process and final checks and affixes his or her name, initials, or electronic signature to the appropriate quality control records prior to distribution;(iv) distributing routine orders for stock supplies to patient care areas;(v) entering medication order and drug distribution information into a data processing system, provided judgmental decisions are not required and a pharmacist checks the accuracy of the information entered into the system prior to releasing the order;(vi) loading unlabeled drugs into an automated compounding or counting device provided a pharmacist supervises, verifies that the system was properly loaded prior to use, and affixes his or her name, initials or electronic signature to the appropriate quality control records;(vii) accessing automated medication supply systems after proper training on the use of the automated medication supply system and demonstration of comprehensive knowledge of the written policies and procedures for its operation; and(viii) compounding non-sterile preparations pursuant to medication orders provided the pharmacy technicians or pharmacy technician trainees have completed the training specified in §291.131 of this title.(B) Facilities with 100 beds or less.(i) Physically present supervision. The following functions must be performed under the physically present supervision of a pharmacist unless the pharmacy meets the requirements for a rural hospital and has been approved by the board to allow pharmacy technicians to perform the duties specified in §562.1011 of the Texas Pharmacy Act and subparagraph (D)(ii) of this paragraph:(I) pre-packing and labeling unit and multiple dose packages, provided a pharmacist supervises and conducts a final check and affixes his or her name, initials or electronic signature to the appropriate quality control records prior to distribution;(II) bulk compounding or batch preparation provided a pharmacist supervises and conducts in-process and final checks and affixes his or her name, initials, or electronic signature to the appropriate quality control records prior to distribution;(III) loading unlabeled drugs into an automated compounding or counting device provided a pharmacist supervises, verifies that the system was properly loaded prior to use, and affixes his or her name, initials, or electronic signature to the appropriate quality control records; and(IV) compounding medium-risk and high-risk sterile preparations pursuant to medication orders provided the pharmacy technicians or pharmacy technician trainees:(-a-) have completed the training specified in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations); and(-b-) are supervised by a pharmacist who has completed the training specified in §291.133 of this title and who conducts in-process and final checks, and affixes his or her name, initials, or electronic signature to the label or if batch prepared, to the appropriate quality control records. (The name, initials, or electronic signature are not required on the label if it is maintained in a permanent record of the pharmacy.)(ii) Electronic supervision or physically present supervision. The following functions may be performed under the electronic supervision or physically present supervision of a pharmacist:(I) preparing, packaging, or labeling prescription drugs pursuant to medication orders, provided a pharmacist checks the preparation prior to distribution;(II) distributing routine orders for stock supplies to patient care areas;(III) entering medication order and drug distribution information into a data processing system, provided judgmental decisions are not required and a pharmacist checks the accuracy of the information entered into the system prior to releasing the order;(IV) accessing automated medication supply systems after proper training on the use of the automated medication supply system and demonstration of comprehensive knowledge of the written policies and procedures for its operation;(V) compounding non-sterile preparations pursuant to medication orders provided the pharmacy technicians or pharmacy technician trainees have completed the training specified in §291.131 of this title; and(VI) compounding low-risk sterile preparations pursuant to medication orders provided the pharmacy technicians or pharmacy technician trainees:(-a-) have completed the training specified in §291.133 of this title; and(-b-) are supervised by a pharmacist who has completed the training specified in §291.133 of this title, and who conducts in-process and final checks, and affixes his or her name, initials, or electronic signature to the label or if batch prepared, to the appropriate quality control records. (The name, initials, or electronic signature are not required on the label if it is maintained in a permanent record of the pharmacy.)(C) Facilities with an ongoing clinical pharmacy program. A Class C pharmacy with an ongoing clinical pharmacy program may allow a pharmacy technician to verify the accuracy of the duties specified in clause (ii) of this subparagraph when performed by another pharmacy technician, under the following conditions:(i) The pharmacy technician:(I) is a registered pharmacy technician and not a pharmacy technician trainee; and(II) meets the training requirements specified in §297.6 of this title and the training requirements specified in paragraph (1) of this subsection.(ii) If the requirements of clause (i) of this subparagraph are met, a pharmacy technician may verify the accuracy of the following duties performed by another pharmacy technician:(I) filling medication carts;(II) distributing routine orders for stock supplies to patient care areas; and(III) accessing and restocking automated medication supply systems after proper training on the use of the automated medication supply system and demonstration of comprehensive knowledge of the written policies and procedures for its operation; and(iii) The patient's orders have previously been reviewed and approved by a pharmacist.(iv) A pharmacist is on duty in the facility at all times that the pharmacy is open for pharmacy services.(D) Rural Hospitals.(i) A rural hospital may allow a pharmacy technician to perform the duties specified in clause (ii) of this subparagraph when a pharmacist is not on duty, if:(I) the pharmacy technician:(-a-) is a registered pharmacy technician and not a pharmacy technician trainee; and(-b-) meets the training requirements specified in §297.6 of this title and those specified in paragraph (1) of this subsection;(II) a pharmacist is accessible at all times to respond to any questions and needs of the pharmacy technician or other hospital employees, by telephone, answering or paging service, e-mail, or any other system that makes a pharmacist immediately accessible;(III) the pharmacy is appropriately staffed to meet the needs of the pharmacy; and(IV) a nurse or practitioner at the rural hospital or a pharmacist through electronic supervision as specified in paragraph (2)(B)(ii) of this subsection, verifies the accuracy of the actions of the pharmacy technician.(ii) If the requirements of clause (i) of this subparagraph are met, the pharmacy technician may, during the hours that the institutional pharmacy in the hospital is open, perform the following duties in the pharmacy without the direct supervision of a pharmacist:(I) enter medication order and drug distribution information into a data processing system;(II) prepare, package, or label a prescription drug according to a medication order if a licensed nurse or practitioner verifies the accuracy of the order before administration of the drug to the patient;(III) fill a medication cart used in the rural hospital;(IV) distribute routine orders for stock supplies to patient care areas; and(V) access and restock automated medication supply cabinets.(3) Procedures.(A) Pharmacy technicians and pharmacy technician trainees shall handle medication orders in accordance with standard, written procedures and guidelines.(B) Pharmacy technicians and pharmacy technician trainees shall handle prescription drug orders in the same manner as those working in a Class A pharmacy.(f) Owner. The owner of a Class C pharmacy shall have responsibility for all administrative and operational functions of the pharmacy. The pharmacist-in-charge may advise the owner on administrative and operational concerns. The owner shall have responsibility for, at a minimum, the following, and if the owner is not a Texas licensed pharmacist, the owner shall consult with the pharmacist-in-charge or another Texas licensed pharmacist:(1) establishing policies for procurement of prescription drugs and devices and other products dispensed from the Class C pharmacy;(2) establishing and maintaining effective controls against the theft or diversion of prescription drugs;(3) if the pharmacy uses an automated pharmacy dispensing system, reviewing and approving all policies and procedures for system operation, safety, security, accuracy and access, patient confidentiality, prevention of unauthorized access, and malfunction;(4) providing the pharmacy with the necessary equipment and resources commensurate with its level and type of practice; and(5) establishing policies and procedures regarding maintenance, storage, and retrieval of records in a data processing system such that the system is in compliance with state and federal requirements.(g) Identification of pharmacy personnel. All pharmacy personnel shall be identified as follows.(1) Pharmacy technicians. All pharmacy technicians shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician.(2) Pharmacy technician trainees. All pharmacy technician trainees shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician trainee.(3) Pharmacist interns. All pharmacist interns shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist intern.(4) Pharmacists. All pharmacists shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist.", "sourceNote": "Source Note: The provisions of this §291.73 adopted to be effective April 23, 1982, 7 TexReg 1469; amended to be effective September 14, 1988, 13 TexReg 4318; amended to be effective September 5, 1990, 15 TexReg 4810; amended to be effective September 27, 1991, 16 TexReg 5071; amended to be effective January 29, 1992, 17 TexReg 324; amended to be effective September 30, 1993, 18 TexReg 6460; amended to be effective March 16, 1995, 20 TexReg 1543; amended to be effective March 21, 1996, 21 TexReg 2242; amended to be effective October 11, 1996, 21 TexReg 9443; amended to be effective April 7, 1997, 22 TexReg 3106; amended to be effective September 16, 1999, 24 TexReg 7265; amended tobe effective June 4, 2000, 25 TexReg 4816; amended to be effective August 31, 2000, 25 TexReg 8406; amended to be effective December 27, 2000, 25 TexReg 12728; amended to be effective September 12, 2001, 26 TexReg 6923; amended to be effective September 8, 2002, 27 TexReg 8242; amended to be effective March 4, 2004, 29 TexReg 2000; amended to be effective June 6, 2004, 29 TexReg 5376; amended to be effective September 11, 2005, 30 TexReg 5366; amended to be effective September 18, 2007, 32 TexReg 6333; amended to be effective September 7, 2008, 33 TexReg 7241; amended to be effective September 20, 2009, 34 TexReg 6323; amended to be effective March 11, 2010, 35 TexReg 2005; amended to be effective May 30, 2010, 35 TexReg 4177; amended to be effective December 7, 2010, 35 TexReg 10693; amended to be effective December 6, 2015, 40 TexReg 8766; amended to be effective December 6, 2022,47 TexReg 8041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216977", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "D", "label": "INSTITUTIONAL PHARMACY (CLASS C)" }, "rule": { "number": "§291.74", "label": "Operational Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205223", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirements.(1) A Class C pharmacy shall register annually or biennially with the board on a pharmacy license application provided by the board, following the procedures specified in §291.1 of this title (relating to Pharmacy License Application).(2) A Class C pharmacy which changes ownership shall notify the board within 10 days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(3) A Class C pharmacy which changes location and/or name shall notify the board of the change as specified in §291.3 of this title.(4) A Class C pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within 10 days of the change following the procedures in §291.3 of this title.(5) A Class C pharmacy shall notify the board in writing within 10 days of closing, following the procedures in §291.5 of this title (relating to Closing a Pharmacy).(6) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance and renewal of a license and the issuance of an amended license.(7) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(8) A Class C pharmacy, licensed under the Act, §560.051(a)(3), which also operates another type of pharmacy which would otherwise be required to be licensed under the Act, §560.051(a)(1) (Community Pharmacy (Class A)) or the Act, §560.051(a)(2) (Nuclear Pharmacy (Class B)), is not required to secure a license for the such other type of pharmacy; provided, however, such licensee is required to comply with the provisions of §291.31 of this title (relating to Definitions), §291.32 of this title (relating to Personnel), §291.33 of this title (relating to Operational Standards), §291.34 of this title (relating to Records), and §291.35 of this title (relating to Official Prescription Records), contained in Community Pharmacy (Class A), or §291.51 of this title (relating to Purpose), §291.52 of this title (relating to Definitions), §291.53 of this title (relating to Personnel), §291.54 of this title (relating to Operational Standards), and §291.55 of this title (relating to Records), contained in Nuclear Pharmacy (Class B), to the extent such sections are applicable to the operation of the pharmacy.(9) A Class C pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title (relating to Pharmacies Compounding Non-sterile Preparations).(10) Class C pharmacy personnel shall not compound sterile preparations unless the pharmacy has applied for and obtained a Class C-S pharmacy.(11) A Class C pharmacy engaged in the provision of remote pharmacy services, including storage and dispensing of prescription drugs, shall comply with the provisions of §291.121 of this title (relating to Remote Pharmacy Services).(12) A Class C pharmacy engaged in centralized prescription dispensing and/or prescription drug or medication order processing shall comply with the provisions of §291.123 of this title (relating to Central Prescription Drug or Medication Order Processing) and/or §291.125 of this title (relating to Centralized Prescription Dispensing).(13) A Class C pharmacy with an ongoing clinical pharmacy program that proposes to allow a pharmacy technician to verify the accuracy of work performed by another pharmacy technician relating to the filling of floor stock and unit dose distribution systems for a patient admitted to the hospital if the patient's orders have previously been reviewed and approved by a pharmacist shall make application to the board and submit any information specified on the application.(14) A rural hospital that wishes to allow a pharmacy technician to perform the duties specified in §291.73(e)(2)(D) of this title (relating to Personnel), shall make application to the board and submit any information specified on the application.(A) A rural hospital may not allow a pharmacy technician to perform the duties specified in §291.73(e)(2)(D) of this title until the board has reviewed and approved the application and issued an amended license to the pharmacy.(B) Every two years, in conjunction with the application for renewal of the pharmacy license, the pharmacist-in-charge shall update the application for pharmacy technicians to perform the duties specified in §291.73(e)(2)(D) of this title and shall attest as required on the application.(b) Environment.(1) General requirements.(A) The institutional pharmacy shall have adequate space necessary for the storage, compounding, labeling, dispensing, and sterile preparation of drugs prepared in the pharmacy, and additional space, depending on the size and scope of pharmaceutical services.(B) The institutional pharmacy shall be arranged in an orderly fashion and shall be kept clean. All required equipment shall be clean and in good operating condition.(C) A sink with hot and cold running water exclusive of restroom facilities shall be available to all pharmacy personnel and shall be maintained in a sanitary condition at all times.(D) The institutional pharmacy shall be properly lighted and ventilated.(E) The temperature of the institutional pharmacy shall be maintained within a range compatible with the proper storage of drugs. The temperature of the refrigerator and/or freezer shall be maintained within a range compatible with the proper storage of drugs.(F) If the institutional pharmacy has flammable materials, the pharmacy shall have a designated area for the storage of flammable materials. Such area shall meet the requirements set by local and state fire laws.(G) The institutional pharmacy shall store antiseptics, other drugs for external use, and disinfectants separately from internal and injectable medications.(2) Security requirements.(A) The institutional pharmacy shall be enclosed and capable of being locked by key, combination or other mechanical or electronic means, so as to prohibit access by unauthorized individuals. Only individuals authorized by the pharmacist-in-charge shall enter the pharmacy.(B) Each pharmacist on duty shall be responsible for the security of the institutional pharmacy, including provisions for adequate safeguards against theft or diversion of dangerous drugs, controlled substances, and records for such drugs.(C) The institutional pharmacy shall have locked storage for Schedule II controlled substances and other drugs requiring additional security.(c) Equipment and supplies. Institutional pharmacies distributing medication orders shall have the following equipment:(1) data processing system including a printer or comparable equipment; and(2) refrigerator and/or freezer and a system or device (e.g., thermometer) to monitor the temperature to ensure that proper storage requirements are met.(d) Library. A reference library shall be maintained that includes the following in hard-copy or electronic format and that pharmacy personnel shall be capable of accessing at all times:(1) current copies of the following:(A) Texas Pharmacy Act and rules;(B) Texas Dangerous Drug Act and rules;(C) Texas Controlled Substances Act and regulations; and(D) Federal Controlled Substances Act and regulations (or official publication describing the requirements of the Federal Controlled Substances Act and regulations);(2) at least one current or updated reference from each of the following categories:(A) drug interactions. A reference text on drug interactions, such as Drug Interaction Facts. A separate reference is not required if other references maintained by the pharmacy contain drug interaction information including information needed to determine severity or significance of the interaction and appropriate recommendations or actions to be taken;(B) a general information reference text;(3) a current or updated reference on injectable drug products;(4) basic antidote information and the telephone number of the nearest regional poison control center;(5) metric-apothecary weight and measure conversion charts.(e) Absence of a pharmacist.(1) Medication orders.(A) In facilities with a full-time pharmacist, if a practitioner orders a drug for administration to a bona fide patient of the facility when the pharmacy is closed, the following is applicable:(i) Prescription drugs and devices only in sufficient quantities for immediate therapeutic needs may be removed from the institutional pharmacy;(ii) Only a designated licensed nurse or practitioner may remove such drugs and devices;(iii) A record shall be made at the time of withdrawal by the authorized person removing the drugs and devices. The record shall contain the following information:(I) name of patient;(II) name of device or drug, strength, and dosage form;(III) dose prescribed;(IV) quantity taken;(V) time and date; and(VI) signature (first initial and last name or full signature) or electronic signature of person making withdrawal;(iv) The original or direct copy of the medication order may substitute for such record, providing the medication order meets all the requirements of clause (iii) of this subparagraph; and(v) The pharmacist shall verify the withdrawal of drugs from the pharmacy and perform a drug regimen review as specified in subsection (g)(1)(B) of this section as soon as practical, but in no event more than 72 hours from the time of such withdrawal.(B) In facilities with a part-time or consultant pharmacist, if a practitioner orders a drug for administration to a bona fide patient of the facility when the pharmacist is not on duty, or when the pharmacy is closed, the following is applicable:(i) Prescription drugs and devices only in sufficient quantities for therapeutic needs may be removed from the institutional pharmacy;(ii) Only a designated licensed nurse or practitioner may remove such drugs and devices;(iii) A record shall be made at the time of withdrawal by the authorized person removing the drugs and devices; the record shall meet the same requirements as specified in subparagraph (A)(iii) and (iv) of this paragraph;(iv) The pharmacist shall verify the withdrawal of drugs from the pharmacy after a reasonable interval, but in no event may such interval exceed seven days; and(v) The pharmacist shall perform a drug regimen review as specified in subsection (g)(1)(B) of this section as follows:(I) If the facility has an average daily inpatient census of ten or less, the pharmacist shall perform the drug review after a reasonable interval, but in no event may such interval exceed seven (7) days; or(II) If the facility has an average inpatient daily census above ten, the pharmacist shall perform the drug review after a reasonable interval, but in no event may such interval exceed 96 hours.(vi) The average daily inpatient census shall be calculated by hospitals annually immediately following the submission of the hospital's Medicare Cost Report and the number used for purposes of subparagraph (B)(v)(I) and (II) of this paragraph shall be the average of the inpatient daily census in the report and the previous two reports for a three year period.(2) Floor stock. In facilities using a floor stock method of drug distribution, the following is applicable:(A) Prescription drugs and devices may be removed from the pharmacy only in the original manufacturer's container or prepackaged container.(B) Only a designated licensed nurse or practitioner may remove such drugs and devices.(C) A record shall be made at the time of withdrawal by the authorized person removing the drug or device; the record shall contain the following information:(i) name of the drug, strength, and dosage form;(ii) quantity removed;(iii) location of floor stock;(iv) date and time; and(v) signature (first initial and last name or full signature) or electronic signature of person making the withdrawal.(D) The pharmacist shall verify the withdrawal of drugs from the pharmacy after a reasonable interval, but in no event may such interval exceed seven days.(3) Rural hospitals. In rural hospitals when a pharmacy technician performs the duties listed in §291.73(e)(2)(D) of this title, the following is applicable:(A) the pharmacy technician shall make a record of all drugs distributed from the pharmacy. The record shall be maintained in the pharmacy for two years and contain the following information:(i) name of patient or location where floor stock is distributed;(ii) name of device or drug, strength, and dosage form;(iii) dose prescribed or ordered;(iv) quantity distributed;(v) time and date of the distribution; and(vi) signature (first initial and last name or full signature) or electronic signature of nurse or practitioner that verified the actions of the pharmacy technician.(B) The original or direct copy of the medication order may substitute for the record specified in subparagraph (A) of this paragraph, provided the medication order meets all the requirements of subparagraph (A) of this paragraph.(C) The pharmacist shall:(i) verify and document the verification of all distributions made from the pharmacy in the absence of a pharmacist as soon as practical, but in no event more than seven (7) days from the time of such distribution;(ii) perform a drug regimen review for all medication orders as specified in subsection (g)(1)(B) of this section and document such verification including any discrepancies noted by the pharmacist as follows:(I) If the facility has an average daily inpatient census of ten or less, the pharmacist shall perform the drug review as soon as practical, but in no event more than seven (7) days from the time of such distribution; or(II) If the facility has an average daily inpatient census above ten, the pharmacist shall perform the drug review after a reasonable interval, but in no event may such interval exceed 96 hours;(iii) review any discrepancy noted by the pharmacist with the pharmacy technician(s) and make any change in procedures or processes necessary to prevent future problems; and(iv) report any adverse events that have a potential for harm to a patient to the appropriate committee of the hospital that reviews adverse events.(D) The average daily inpatient census shall be calculated by hospitals annually immediately following the submission of the hospital's Medicare Cost Report and the number used for purposes of subparagraph (C)(ii)(I) and (II) of this paragraph shall be the average of the inpatient daily census in the report and the previous two reports for a three year period.(f) Drugs.(1) Procurement, preparation and storage.(A) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff of the facility, relative to such responsibility.(B) The pharmacist-in-charge shall have the responsibility for determining specifications of all drugs procured by the facility.(C) Institutional pharmacies may not sell, purchase, trade or possess prescription drug samples, unless the pharmacy meets the requirements as specified in §291.16 of this title (relating to Samples).(D) All drugs shall be stored at the proper temperatures, as defined in the USP/NF and in §291.15 of this title (relating to Storage of Drugs).(E) Any drug bearing an expiration date may not be distributed beyond the expiration date of the drug.(F) Outdated and other unusable drugs shall be removed from stock and shall be quarantined together until such drugs are disposed of properly.(2) Formulary.(A) A formulary shall be developed by the facility committee performing the pharmacy and therapeutics function for the facility. For the purpose of this section, a formulary is a compilation of pharmaceuticals that reflects the current clinical judgment of a facility's medical staff.(B) The pharmacist-in-charge or pharmacist designated by the pharmacist-in-charge shall be a full voting member of the committee performing the pharmacy and therapeutics function for the facility, when such committee is performing the pharmacy and therapeutics function.(C) A practitioner may grant approval for pharmacists at the facility to interchange, in accordance with the facility's formulary, for the prescribed drugs on the practitioner's medication orders provided:(i) the pharmacy and therapeutics committee has developed a formulary;(ii) the formulary has been approved by the medical staff committee of the facility;(iii) there is a reasonable method for the practitioner to override any interchange; and(iv) the practitioner authorizes pharmacists in the facility to interchange on his/her medication orders in accordance with the facility's formulary through his/her written agreement to abide by the policies and procedures of the medical staff and facility.(3) Prepackaging of drugs.(A) Distribution within a facility.(i) Drugs may be prepackaged in quantities suitable for internal distribution by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.(ii) The label of a prepackaged unit shall indicate:(I) brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;(II) facility's unique lot number;(III) expiration date based on currently available literature; and(IV) quantity of the drug, if the quantity is greater than one.(iii) Records of prepackaging shall be maintained to show:(I) name of the drug, strength, and dosage form;(II) facility's unique lot number;(III) manufacturer or distributor;(IV) manufacturer's lot number;(V) expiration date;(VI) quantity per prepackaged unit;(VII) number of prepackaged units;(VIII) date packaged;(IX) name, initials, or electronic signature of the prepacker; and(X) name, initials, or electronic signature of the responsible pharmacist.(iv) Stock packages, prepackaged units, and control records shall be quarantined together until checked/released by the pharmacist.(B) Distribution to other Class C (Institutional) pharmacies under common ownership.(i) Drugs may be prepackaged in quantities suitable for distribution to other Class C (Institutional) pharmacies under common ownership by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.(ii) The label of a prepackaged unit shall indicate:(I) brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;(II) facility's unique lot number;(III) expiration date based on currently available literature;(IV) quantity of the drug, if the quantity is greater than one; and(V) name of the facility responsible for prepackaging the drug.(iii) Records of prepackaging shall be maintained to show:(I) name of the drug, strength, and dosage form;(II) facility's unique lot number;(III) manufacturer or distributor;(IV) manufacturer's lot number;(V) expiration date;(VI) quantity per prepackaged unit;(VII) number of prepackaged units;(VIII) date packaged;(IX) name, initials, or electronic signature of the prepacker;(X) name, initials, or electronic signature of the responsible pharmacist; and(XI) name of the facility receiving the prepackaged drug.(iv) Stock packages, prepackaged units, and control records shall be quarantined together until checked/released by the pharmacist.(v) The pharmacy shall have written procedure for the recall of any drug prepackaged for another Class C pharmacy under common ownership. The recall procedures shall require:(I) notification to the pharmacy to which the prepackaged drug was distributed;(II) quarantine of the product if there is a suspicion of harm to a patient;(III) a mandatory recall if there is confirmed or probable harm to a patient; and(IV) notification to the board if a mandatory recall is instituted.(4) Sterile preparations prepared in a location other than the pharmacy. A distinctive supplementary label shall be affixed to the container of any admixture. The label shall bear at a minimum:(A) patient's name and location, if not immediately administered;(B) name and amount of drug(s) added;(C) name of the basic solution;(D) name or identifying code of person who prepared admixture; and(E) expiration date of solution.(5) Distribution.(A) Medication orders.(i) Drugs may be given to patients in facilities only on the order of a practitioner. No change in the order for drugs may be made without the approval of a practitioner except as authorized by the practitioner in compliance with paragraph (2)(C) of this subsection.(ii) Drugs may be distributed only from the original or a direct copy of the practitioner's medication order.(iii) Pharmacy technicians and pharmacy technician trainees may not receive oral medication orders.(iv) Institutional pharmacies shall be exempt from the labeling provisions and patient notification requirements of §562.006 and §562.009 of the Act, as respects drugs distributed pursuant to medication orders.(B) Procedures.(i) Written policies and procedures for a drug distribution system (best suited for the particular institutional pharmacy) shall be developed and implemented by the pharmacist-in-charge, with the advice of the committee performing the pharmacy and therapeutics function for the facility.(ii) The written policies and procedures for the drug distribution system shall include, but not be limited to, procedures regarding the following:(I) pharmaceutical care services;(II) handling, storage and disposal of cytotoxic drugs and waste;(III) disposal of unusable drugs and supplies;(IV) security;(V) equipment;(VI) sanitation;(VII) reference materials;(VIII) drug selection and procurement;(IX) drug storage;(X) controlled substances;(XI) investigational drugs, including the obtaining of protocols from the principal investigator;(XII) prepackaging and manufacturing;(XIII) stop orders;(XIV) reporting of medication errors, adverse drug reactions/events, and drug product defects;(XV) physician orders;(XVI) floor stocks;(XVII) drugs brought into the facility;(XVIII) furlough medications;(XIX) self-administration;(XX) emergency drug supply;(XXI) formulary;(XXII) monthly inspections of nursing stations and other areas where drugs are stored, distributed, administered or dispensed;(XXIII) control of drug samples;(XXIV) outdated and other unusable drugs;(XXV) routine distribution of patient medication;(XXVI) preparation and distribution of sterile preparations;(XXVII) handling of medication orders when a pharmacist is not on duty;(XXVIII) use of automated compounding or counting devices;(XXIX) use of data processing and direct imaging systems;(XXX) drug administration to include infusion devices and drug delivery systems;(XXXI) drug labeling;(XXXII) recordkeeping;(XXXIII) quality assurance/quality control;(XXXIV) duties and education and training of professional and nonprofessional staff;(XXXV) procedures for a pharmacy technician to verify the accuracy of work performed by another pharmacy technician, if applicable;(XXXVI) operation of the pharmacy when a pharmacist in not on-site; and(XXXVII) emergency preparedness plan, to include continuity of patient therapy and public safety.(6) Discharge Prescriptions. Discharge prescriptions must be dispensed and labeled in accordance with §291.33 of this title (relating to Operational Standards) except that certain medications packaged in unit-of-use containers, such as metered-dose inhalers, insulin pens, topical creams or ointments, or ophthalmic or otic preparation that are administered to the patient during the time the patient was a patient in the hospital, may be provided to the patient upon discharge provided the pharmacy receives a discharge order and the product bears a label containing the following information:(A) name of the patient;(B) name and strength of the medication;(C) name of the prescribing or attending practitioner;(D) directions for use;(E) duration of therapy (if applicable); and(F) name and telephone number of the pharmacy.(7) Redistribution of Donated Prepackaged Prescription Drugs.(A) A participating provider may dispense to a recipient donated prescription drugs that are prepackaged and labeled in accordance with §442.0515, Health and Safety Code, and this paragraph.(B) Drugs may be prepackaged in quantities suitable for distribution to a recipient only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.(C) The label of a prepackaged prescription drug a participating provider dispenses to a recipient shall indicate:(i) brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;(ii) participating provider's lot number;(iii) participating provider's beyond use date; and(iv) quantity of the drug, if the quantity is greater than one.(D) Records of prepackaged prescription drugs dispensed to a recipient shall be maintained to show:(i) name of the drug, strength, and dosage form;(ii) participating provider's lot number;(iii) manufacturer or distributor;(iv) manufacturer's lot number;(v) manufacturer's expiration date;(vi) quantity per prepackaged unit;(vii) number of prepackaged units;(viii) date packaged;(ix) name, initials, or written or electronic signature of the prepacker; and(x) written or electronic signature of the responsible pharmacist.(E) Stock packages, repackaged units, and control records shall be quarantined together until checked/released by the pharmacist.(g) Pharmaceutical care services.(1) The pharmacist-in-charge shall assure that at least the following pharmaceutical care services are provided to patients of the facility:(A) Drug utilization review. A systematic ongoing process of drug utilization review shall be developed in conjunction with the medical staff to increase the probability of desired patient outcomes and decrease the probability of undesired outcomes from drug therapy.(B) Drug regimen review.(i) For the purpose of promoting therapeutic appropriateness, a pharmacist shall evaluate medication orders and patient medication records for:(I) known allergies;(II) rational therapy--contraindications;(III) reasonable dose and route of administration;(IV) reasonable directions for use;(V) duplication of therapy;(VI) drug-drug interactions;(VII) drug-food interactions;(VIII) drug-disease interactions;(IX) adverse drug reactions;(X) proper utilization, including overutilization or underutilization; and(XI) clinical laboratory or clinical monitoring methods to monitor and evaluate drug effectiveness, side effects, toxicity, or adverse effects, and appropriateness to continued use of the drug in its current regimen.(ii) The drug regimen review shall be conducted on a prospective basis when a pharmacist is on duty, except for an emergency order, and on a retrospective basis as specified in subsection (e)(1) or (e)(3) of this section when a pharmacist is not on duty.(iii) Any questions regarding the order must be resolved with the prescriber and a written notation of these discussions made and maintained.(iv) The drug regimen review may be conducted by remotely accessing the pharmacy's electronic data base from outside the pharmacy by an individual Texas licensed pharmacist employee of the pharmacy, provided the pharmacy establishes controls to protect the privacy of the patient and the security of confidential records.(C) Education. The pharmacist-in-charge in cooperation with appropriate multi-disciplinary staff of the facility shall develop policies that assure that:(i) the patient and/or patient's caregiver receives information regarding drugs and their safe and appropriate use; and(ii) health care providers are provided with patient specific drug information.(D) Patient monitoring. The pharmacist-in-charge in cooperation with appropriate multi-disciplinary staff of the facility shall develop policies to ensure that the patient's response to drug therapy is monitored and conveyed to the appropriate health care provider.(2) Other pharmaceutical care services which may be provided by pharmacists in the facility include, but are not limited to, the following:(A) managing drug therapy as delegated by a practitioner as allowed under the provisions of the Medical Practice Act;(B) administering immunizations and vaccinations under written protocol of a physician;(C) managing patient compliance programs;(D) providing preventative health care services; and(E) providing case management of patients who are being treated with high-risk or high-cost drugs, or who are considered \"high risk\" due to their age, medical condition, family history, or related concern.(h) Emergency rooms.(1) During the times a pharmacist is on duty in the facility any prescription drugs supplied to an outpatient, including emergency department patients, may only be dispensed by a pharmacist.(2) When a pharmacist is not on duty in the facility, the following is applicable for supplying prescription drugs to be taken home by the patient for self-administration from the emergency room. If the patient has been admitted to the emergency room and assessed by a practitioner at the hospital, the following procedures shall be observed in supplying prescription drugs from the emergency room.(A) Dangerous drugs and/or controlled substances may only be supplied in accordance with the system of control and accountability for dangerous drugs and/or controlled substances administered or supplied from the emergency room; such system shall be developed and supervised by the pharmacist-in-charge or staff pharmacist designated by the pharmacist-in-charge.(B) Only dangerous drugs and/or controlled substances listed on the emergency room drug list may be supplied; such list shall be developed by the pharmacist-in-charge and the facility's emergency department committee (or like group or person responsible for policy in that department) and shall consist of dangerous drugs and/or controlled substances of the nature and type to meet the immediate needs of emergency room patients.(C) Dangerous drugs and/or controlled substances may only be supplied in prepackaged quantities not to exceed a 72-hour supply in suitable containers and appropriately prelabeled (including necessary auxiliary labels) by the institutional pharmacy.(D) At the time of delivery of the dangerous drugs and/or controlled substances, the practitioner or licensed nurse under the supervision of a practitioner shall appropriately complete the label with at least the following information:(i) name, address, and phone number of the facility;(ii) date supplied;(iii) name of practitioner;(iv) name of patient;(v) directions for use;(vi) brand name and strength of the dangerous drug or controlled substance; or if no brand name, then the generic name, strength, and the name of the manufacturer or distributor of the dangerous drug or controlled substance;(vii) quantity supplied; and(viii) unique identification number.(E) The practitioner, or a licensed nurse under the supervision of the practitioner, shall give the appropriately labeled, prepackaged drug to the patient and explain the correct use of the drug.(F) A perpetual record of dangerous drugs and/or controlled substances supplied from the emergency room shall be maintained in the emergency room. Such record shall include the following:(i) date supplied;(ii) practitioner's name;(iii) patient's name;(iv) brand name and strength of the dangerous drug or controlled substance; or if no brand name, then the generic name, strength, and the name of the manufacturer or distributor of the dangerous drug or controlled substance;(v) quantity supplied; and(vi) unique identification number.(G) The pharmacist-in-charge, or staff pharmacist designated by the pharmacist-in-charge, shall verify the correctness of this record at least once every seven days.(i) Radiology departments.(1) During the times a pharmacist is on duty, any prescription drugs dispensed to an outpatient, including radiology department patients, may only be dispensed by a pharmacist.(2) When a pharmacist is not on duty, the following procedures shall be observed in supplying prescription drugs from the radiology department.(A) Prescription drugs may only be supplied to patients who have been scheduled for an x-ray examination at the facility.(B) Prescription drugs may only be supplied in accordance with the system of control and accountability for prescription drugs administered or supplied from the radiology department and supervised by the pharmacist-in-charge or staff pharmacist designated by the pharmacist-in-charge.(C) Only prescription drugs listed on the radiology drug list may be supplied; such list shall be developed by the pharmacist-in-charge and the facility's radiology committee (or like group or persons responsible for policy in that department) and shall consist of drugs for the preparation of a patient for a radiological procedure.(D) Prescription drugs may only be supplied in prepackaged quantities in suitable containers and prelabeled by the institutional pharmacy with the following information:(i) name and address of the facility;(ii) directions for use;(iii) name and strength of the prescription drug--if generic name, the name of the manufacturer or distributor of the prescription drug;(iv) quantity;(v) facility's lot number and expiration date; and(vi) appropriate ancillary label(s).(E) At the time of delivery of the prescription drug, the practitioner or practitioner's agent shall complete the label with the following information:(i) date supplied;(ii) name of physician;(iii) name of patient; and(iv) unique identification number.(F) The practitioner or practitioner's agent shall give the appropriately labeled, prepackaged prescription drug to the patient.(G) A perpetual record of prescription drugs supplied from the radiology department shall be maintained in the radiology department. Such records shall include the following:(i) date supplied;(ii) practitioner's name;(iii) patient's name;(iv) brand name and strength of the prescription drug; or if no brand name, then the generic name, strength, dosage form, and the name of the manufacturer or distributor of the prescription drug;(v) quantity supplied; and(vi) unique identification number.(H) The pharmacist-in-charge, or a pharmacist designated by the pharmacist-in-charge, shall verify the correctness of this record at least once every seven days.(j) Automated devices and systems.(1) Automated compounding or counting devices. If a pharmacy uses automated compounding or counting devices:(A) the pharmacy shall have a method to calibrate and verify the accuracy of the automated compounding or counting device and document the calibration and verification on a routine basis;(B) the devices may be loaded with unlabeled drugs only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist;(C) the label of an automated compounding or counting device container shall indicate the brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;(D) records of loading unlabeled drugs into an automated compounding or counting device shall be maintained to show:(i) name of the drug, strength, and dosage form;(ii) manufacturer or distributor;(iii) manufacturer's lot number;(iv) expiration date;(v) date of loading;(vi) name, initials, or electronic signature of the person loading the automated compounding or counting device; and(vii) signature or electronic signature of the responsible pharmacist; and(E) the automated compounding or counting device shall not be used until a pharmacist verifies that the system is properly loaded and affixes his or her signature to the record specified in subparagraph (D) of this paragraph.(2) Automated medication supply systems.(A) Authority to use automated medication supply systems. A pharmacy may use an automated medication supply system to fill medication orders provided that:(i) the pharmacist-in-charge is responsible for the supervision of the operation of the system;(ii) the automated medication supply system has been tested by the pharmacy and found to dispense accurately. The pharmacy shall make the results of such testing available to the Board upon request; and(iii) the pharmacy will make the automated medication supply system available for inspection by the board for the purpose of validating the accuracy of the system.(B) Quality assurance program. A pharmacy which uses an automated medication supply system to fill medication orders shall operate according to a written program for quality assurance of the automated medication supply system which:(i) requires continuous monitoring of the automated medication supply system; and(ii) establishes mechanisms and procedures to test the accuracy of the automated medication supply system at least every six months and whenever any upgrade or change is made to the system and documents each such activity.(C) Policies and procedures of operation.(i) When an automated medication supply system is used to store or distribute medications for administration pursuant to medication orders, it shall be operated according to written policies and procedures of operation. The policies and procedures of operation shall establish requirements for operation of the automated medication supply system and shall describe policies and procedures that:(I) include a description of the policies and procedures of operation;(II) provide for a pharmacist's review and approval of each original or new medication order prior to withdrawal from the automated medication supply system:(-a-) before the order is filled when a pharmacist is on duty except for an emergency order;(-b-) retrospectively within 72 hours in a facility with a full-time pharmacist when a pharmacist is not on duty at the time the order is made; or(-c-) retrospectively within 7 days in a facility with a part-time or consultant pharmacist when a pharmacist is not on duty at the time the order is made;(III) provide for access to the automated medication supply system for stocking and retrieval of medications which is limited to licensed healthcare professionals, pharmacy technicians, or pharmacy technician trainees acting under the supervision of a pharmacist;(IV) provide that a pharmacist is responsible for the accuracy of the restocking of the system. The actual restocking may be performed by a pharmacy technician or pharmacy technician trainee;(V) provide for an accountability record to be maintained which documents all transactions relative to stocking and removing medications from the automated medication supply system;(VI) require a prospective or retrospective drug regimen review is conducted as specified in subsection (g) of this section; and(VII) establish and make provisions for documentation of a preventative maintenance program for the automated medication supply system.(ii) A pharmacy which uses an automated medication supply system to fill medication orders shall, at least annually, review its written policies and procedures, revise them if necessary, and document the review.(D) Automated medication supply systems used for storage and recordkeeping of medications located outside of the pharmacy department (e.g., Pyxis). A pharmacy technician or pharmacy technician trainee may restock an automated medication supply system located outside of the pharmacy department with prescription drugs provided:(i) prior to distribution of the prescription drugs a pharmacist verifies that the prescription drugs pulled to stock the automated supply system match the list of prescription drugs generated by the automated medication supply system except as specified in §291.73(e)(2)(C)(ii) of this title; or(ii) all of the following occur:(I) the prescription drugs to restock the system are labeled and verified with a machine readable product identifier, such as a barcode;(II) either:(-a-) the drugs are in tamper evident product packaging, packaged by an FDA registered repackager or manufacturer, that is shipped to the pharmacy; or(-b-) if any manipulation of the product occurs in the pharmacy prior to restocking, such as repackaging or extemporaneous compounding, the product must be checked by a pharmacist; and(III) quality assurance audits are conducted according to established policies and procedures to ensure accuracy of the process.(E) Recovery Plan. A pharmacy which uses an automated medication supply system to store or distribute medications for administration pursuant to medication orders shall maintain a written plan for recovery from a disaster or any other situation which interrupts the ability of the automated medication supply system to provide services necessary for the operation of the pharmacy. The written plan for recovery shall include:(i) planning and preparation for maintaining pharmacy services when an automated medication supply system is experiencing downtime;(ii) procedures for response when an automated medication supply system is experiencing downtime;(iii) procedures for the maintenance and testing of the written plan for recovery; and(iv) procedures for notification of the Board and other appropriate agencies whenever an automated medication supply system experiences downtime for more than two days of operation or a period of time which significantly limits the pharmacy's ability to provide pharmacy services.(3) Verification of medication orders prepared by the pharmacy department through the use of an automated medication supply system. A pharmacist must check drugs prepared pursuant to medication orders to ensure that the drug is prepared for distribution accurately as prescribed. This paragraph does not apply to automated medication supply systems used for storage and recordkeeping of medications located outside of the pharmacy department.(A) This check shall be considered accomplished if:(i) a check of the final product is conducted by a pharmacist after the automated system has completed preparation of the medication order and prior to delivery to the patient; or(ii) the following checks are conducted by a pharmacist:(I) if the automated medication supply system contains unlabeled stock drugs, a pharmacist verifies that those drugs have been accurately stocked; and(II) a pharmacist checks the accuracy of the data entry of each original or new medication order entered into the automated medication supply system before the order is filled.(B) If the final check is accomplished as specified in subparagraph (A)(ii) of this paragraph, the following additional requirements must be met.(i) The medication order preparation process must be fully automated from the time the pharmacist releases the medication order to the automated system until a completed medication order, ready for delivery to the patient, is produced.(ii) The pharmacy has conducted initial testing and has a continuous quality assurance program which documents that the automated medication supply system dispenses accurately as specified in paragraph (2)(A) and (B) of this subsection.(iii) The automated medication supply system documents and maintains:(I) the name(s), initials, or identification code(s) of each pharmacist responsible for the checks outlined in subparagraph (A)(ii) of this paragraph; and(II) the name(s), initials, or identification code(s) and specific activity(ies) of each pharmacist or pharmacy technician or pharmacy technician trainee who performs any other portion of the medication order preparation process.(iv) The pharmacy establishes mechanisms and procedures to test the accuracy of the automated medication supply system at least every month rather than every six months as specified in paragraph (2)(B) of this subsection.(4) Automated checking device.(A) For the purpose of this subsection, an automated checking device is a fully automated device which confirms, after a drug is prepared for distribution but prior to delivery to the patient, that the correct drug and strength has been labeled with the correct label for the correct patient.(B) The final check of a drug prepared pursuant to a medication order shall be considered accomplished using an automated checking device provided:(i) a check of the final product is conducted by a pharmacist prior to delivery to the patient or the following checks are performed by a pharmacist:(I) the prepackaged drug used to fill the order is checked by a pharmacist who verifies that the drug is labeled and packaged accurately; and(II) a pharmacist checks the accuracy of each original or new medication order.(ii) the medication order is prepared, labeled, and made ready for delivery to the patient in compliance with Class C (Institutional) pharmacy rules; and(iii) prior to delivery to the patient:(I) the automated checking device confirms that the correct drug and strength has been labeled with the correct label for the correct patient; and(II) a pharmacist performs all other duties required to ensure that the medication order has been prepared safely and accurately as prescribed.(C) If the final check is accomplished as specified in subparagraph (B) of this paragraph, the following additional requirements must be met.(i) The pharmacy has conducted initial testing of the automated checking device and has a continuous quality assurance program which documents that the automated checking device accurately confirms that the correct drug and strength has been labeled with the correct label for the correct patient.(ii) The pharmacy documents and maintains:(I) the name(s), initials, or identification code(s) of each pharmacist responsible for the checks outlined in subparagraph (B)(i) of this paragraph; and(II) the name(s), initials, or identification code(s) and specific activity(ies) of each pharmacist, pharmacy technician, or pharmacy technician trainee who performs any other portion of the medication order preparation process.(iii) The pharmacy establishes mechanisms and procedures to test the accuracy of the automated checking device at least monthly.", "sourceNote": "Source Note: The provisions of this §291.74 adopted to be effective April 23, 1982, 7 TexReg 1469; amended to be effective November 5, 1982, 7 TexReg 3839; amended to be effective August 30, 1984, 9 TexReg 4450; amended to be effective December 18, 1985, 10 TexReg 4694; amended to be effective July 29, 1987, 12 TexReg 2338; amended to be effective September 14, 1988, 13 TexReg 4318; amended to be effective October 27, 1989, 14 TexReg 5494; amended to be effective September 5, 1990, 15 TexReg 4810; amended to be effective September 27, 1991, 16 TexReg 5071; amended to be effective September 30, 1993, 18 TexReg 6460; amended to be effective March 16, 1995, 20 TexReg 1543;amended to be effective March 21, 1996, 21 TexReg 2242; amended to be effective June 4, 2000, 25 TexReg 4816; amended to be effective August 31, 2000, 25 TexReg 8406; amended to be effective December 27, 2000, 25 TexReg 12728; amended to be effective June 20, 2001, 26 TexReg 4512; amended to be effective December 19, 2001, 26 TexReg 10311; amended to be effective December 15, 2002, 27 TexReg 11541; amended to be effective June 23, 2003, 28 TexReg 4638; amended to be effective June 6, 2004, 29 TexReg 5376; amended to be effective September 11, 2005, 30 TexReg 5366; amended to be effective September 18, 2007, 32 TexReg 6333; amended to be effective March 6, 2008, 33 TexReg 1792; amended to be effective September 7, 2008, 33 TexReg 7241; amended to be effective September 20, 2009, 34 TexReg 6323; amended to be effective March 11, 2010, 35 TexReg 2005; amended to be effective May 30,2010, 35 TexReg 4177; amended to be effective March 10, 2011, 36 TexReg 1528; amended to be effective July 11, 2011, 36 TexReg 4412; amended to be effective December 5, 2012, 37 TexReg 9513; amended to be effective December 10, 2013, 38 TexReg 8847; amended to be effective December 19, 2016, 41 TexReg 9934; amended to be effective January 4, 2018, 42 TexReg 7691; amended to be effective September 16, 2018, 43 TexReg 5784; amended to be effective December 6, 2018, 43 TexReg 7775; amended to be effective December 10, 2020, 45 TexReg 8855; amended to be effective December 4, 2023, 48 TexReg 7060; amended to be effective March 7, 2024, 49 TexReg 1465." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205223", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "D", "label": "INSTITUTIONAL PHARMACY (CLASS C)" }, "rule": { "number": "§291.75", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212960", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Maintenance of records.(1) Every inventory or other record required to be kept under the provisions of §291.71 of this title (relating to Purpose), §291.72 of this title (relating to Definitions), §291.73 of this title (relating to Personnel), §291.74 of this title (relating to Operational Standards), and this section contained in Institutional Pharmacy (Class C) shall be:(A) kept by the institutional pharmacy and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative, and other authorized local, state, or federal law enforcement agencies; and(B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the board. If the pharmacy maintains the records in an electronic format, the requested records must be provided in a mutually agreeable electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this subsection, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(2) Records of controlled substances listed in Schedules I and II shall be maintained separately from all other records of the pharmacy.(3) Records of controlled substances listed in Schedules III - V shall be maintained separately or readily retrievable from all other records of the pharmacy. For purposes of this subsection, readily retrievable means that the controlled substances shall be asterisked, redlined, or in some other manner readily identifiable apart from all other items appearing on the record.(4) Records, except when specifically required to be maintained in original or hard-copy form, may be maintained in an alternative data retention system, such as a data processing or direct imaging system, provided:(A) the records in the alternative data retention system contain all of the information required on the manual record; and(B) the alternative data retention system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(b) Outpatient records.(1) Outpatient records shall be maintained as provided in §291.34 (relating to Records), and §291.35 (relating to Official Prescription Requirements), in chapter 291, subchapter B of this title.(2) Outpatient prescriptions, including, but not limited to, furlough and discharge prescriptions, that are written by a practitioner must be written on a form which meets the requirements of §291.34(b)(7)(A) of this title. Medication order forms or copies thereof do not meet the requirements for outpatient forms.(3) Controlled substances listed in Schedule II must be written on an official prescription form in accordance with the Texas Controlled Substances Act, §481.075, and rules promulgated pursuant to the Texas Controlled Substances Act, unless exempted by chapter 315 of this title (relating to Controlled Substances). Outpatient prescriptions for Schedule II controlled substances that are exempted from the official prescription requirement must be manually signed by the practitioner.(c) Patient records.(1) Original medication orders.(A) Each original medication order shall bear the following information:(i) patient name and room number or identification number;(ii) drug name, strength, and dosage form;(iii) directions for use;(iv) date; and(v) signature or electronic signature of the practitioner or that of his or her authorized agent.(B) Original medication orders shall be maintained with the medication administration records of the patients.(2) Patient medication records (PMR). A patient medication record shall be maintained for each patient of the facility. The PMR shall contain at a minimum the following information:(A) Patient information:(i) patient name and room number or identification number;(ii) gender, and date of birth or age;(iii) weight and height;(iv) known drug sensitivities and allergies to drugs and/or food;(v) primary diagnoses and chronic conditions;(vi) primary physician; and(vii) other drugs the patient is receiving; and(B) Medication order information:(i) date of distribution;(ii) drug name, strength, and dosage form; and(iii) directions for use.(3) Controlled substances records. Controlled substances records shall be maintained as follows:(A) All records for controlled substances shall be maintained in a readily retrievable manner; and(B) Controlled substances records shall be maintained in a manner to establish receipt and distribution of all controlled substances.(4) Schedule II controlled substances records. Records of controlled substances listed in Schedule II shall be maintained as follows:(A) Records of controlled substances listed in Schedule II shall be maintained separately from records of controlled substances in Schedules III, IV, and V, and all other records;(B) An institutional pharmacy shall maintain a perpetual inventory of any controlled substance listed in Schedule II; and(C) Distribution records for controlled substances listed in Schedule II shall bear the following information:(i) patient's name;(ii) prescribing or attending practitioner;(iii) name of drug, dosage form, and strength;(iv) time and date of administration to patient and quantity administered;(v) name, initials, or electronic signature of the individual administering the controlled substance;(vi) returns to the pharmacy; and(vii) waste (waste is required to be witnessed and cosigned, electronically or manually, by another individual).(5) Floor stock records.(A) Distribution records for Schedules II - V controlled substances floor stock shall include the following information:(i) patient's name;(ii) prescribing or attending practitioner;(iii) name of controlled substance, dosage form, and strength;(iv) time and date of administration to patient;(v) quantity administered;(vi) name, initials, or electronic signature of the individual administering drug;(vii) returns to the pharmacy; and(viii) waste (waste is required to be witnessed and cosigned, manually or electronically, by another individual).(B) The record required by subparagraph (A) of this paragraph shall be maintained separately from patient records.(C) A pharmacist shall review distribution records with medication orders on a periodic basis to verify proper usage of drugs, not to exceed 30 days between such reviews.(6) General requirements for records maintained in a data processing system.(A) Noncompliance with data processing requirements. If a hospital pharmacy's data processing system is not in compliance with the board's requirements, the pharmacy must maintain a manual recordkeeping system.(B) Requirements for backup systems. The facility shall maintain a backup copy of information stored in the data processing system using disk, tape, or other electronic backup system and update this backup copy on a regular basis, at least monthly, to assure that data is not lost due to system failure.(C) Change or discontinuance of a data processing system.(i) Records of distribution and return for all controlled substances. A pharmacy that changes or discontinues use of a data processing system must:(I) transfer the records to the new data processing system; or(II) purge the records to a printout which contains the same information as required on the audit trail printout as specified in paragraph (7)(B) of this subsection. The information on this printout shall be sorted and printed by drug name and list all distributions/returns chronologically.(ii) Other records. A pharmacy that changes or discontinues use of a data processing system must:(I) transfer the records to the new data processing system; or(II) purge the records to a printout which contains all of the information required on the original document.(iii) Maintenance of purged records. Information purged from a data processing system must be maintained by the pharmacy for two years from the date of initial entry into the data processing system.(D) Loss of data. The pharmacist-in-charge shall report to the board in writing any significant loss of information from the data processing system within 10 days of discovery of the loss.(7) Data processing system maintenance of records for the distribution and return of all controlled substances to the pharmacy.(A) Each time a controlled substance is distributed from or returned to the pharmacy, a record of such distribution or return shall be entered into the data processing system.(B) The data processing system shall have the capacity to produce a hard copy printout of an audit trail of drug distribution and return for any strength and dosage form of a drug (by either brand or generic name or both) during a specified time period. This printout shall contain the following information:(i) patient's name and room number or patient's facility identification number;(ii) prescribing or attending practitioner's name;(iii) name, strength, and dosage form of the drug product actually distributed;(iv) total quantity distributed from and returned to the pharmacy;(v) if not immediately retrievable via electronic image, the following shall also be included on the printout:(I) prescribing or attending practitioner's address; and(II) practitioner's DEA registration number, if the medication order is for a controlled substance.(C) An audit trail printout for each strength and dosage form of the drugs distributed during the preceding month shall be produced at least monthly and shall be maintained in a separate file at the facility unless the pharmacy complies with subparagraph (D) of this paragraph. The information on this printout shall be sorted by drug name and list all distributions/returns for that drug chronologically.(D) The pharmacy may elect not to produce the monthly audit trail printout if the data processing system has a workable (electronic) data retention system which can produce an audit trail of drug distribution and returns for the preceding two years. The audit trail required in this paragraph shall be supplied by the pharmacy within 72 hours, if requested by an authorized agent of the board, or other authorized local, state, or federal law enforcement or regulatory agencies.(8) Failure to maintain records. Failure to provide records set out in this subsection, either on site or within 72 hours for whatever reason, constitutes prima facie evidence of failure to keep and maintain records.(9) Data processing system downtime. In the event that a hospital pharmacy that uses a data processing system experiences system downtime, the pharmacy must have an auxiliary procedure which will ensure that all data is retained for on-line data entry as soon as the system is available for use again.(10) Ongoing clinical pharmacy program records. If a pharmacy has an ongoing clinical pharmacy program and allows pharmacy technicians to verify the accuracy of work performed by other pharmacy technicians, the pharmacy must have a record of the pharmacy technicians and the duties performed.(d) Distribution of controlled substances to another registrant. A pharmacy may distribute controlled substances to a practitioner, another pharmacy or other registrant, without being registered to distribute, under the following conditions:(1) The registrant to whom the controlled substance is to be distributed is registered under the Controlled Substances Act to dispense that controlled substance; and(2) The total number of dosage units of controlled substances distributed by a pharmacy may not exceed 5.0% of all controlled substances dispensed or distributed by the pharmacy during the 12-month period in which the pharmacy is registered; if at any time it does exceed 5.0%, the pharmacy is required to obtain an additional registration to distribute controlled substances.(3) If the distribution is for a Schedule III, IV, or V controlled substance, a record shall be maintained which indicates:(A) the actual date of distribution;(B) the name, strength, and quantity of controlled substances distributed;(C) the name, address, and DEA registration number of the distributing pharmacy; and(D) the name, address, and DEA registration number of the pharmacy, practitioner, or other registrant to whom the controlled substances are distributed.(4) A pharmacy shall comply with 21 CFR 1305 regarding the DEA order form (DEA 222) requirements when distributing a Schedule II controlled substance.(e) Other records. Other records to be maintained by a pharmacy:(1) a log of the initials or identification codes which identifies pharmacy personnel by name. The initials or identification code shall be unique to ensure that each person can be identified, i.e., identical initials or identification codes cannot be used. Such log shall be maintained at the pharmacy for at least seven years from the date of the transaction;(2) suppliers' invoices of dangerous drugs and controlled substances; a pharmacist shall verify that the controlled drugs listed on the invoices were actually received by clearly recording his/her initials and the actual date of receipt of the controlled substances;(3) suppliers' credit memos for controlled substances and dangerous drugs;(4) a hard copy of inventories required by §291.17 of this title (relating to Inventory Requirements) except that a perpetual inventory of controlled substances listed in Schedule II may be kept in a data processing system if the data processing system is capable of producing a hard copy of the perpetual inventory on-site;(5) hard copy reports of surrender or destruction of controlled substances and/or dangerous drugs to an appropriate state or federal agency;(6) a hard copy Schedule V nonprescription register book;(7) records of distribution of controlled substances and/or dangerous drugs to other pharmacies, practitioners, or registrants; and(8) a hard copy of any notification required by the Texas Pharmacy Act or these sections including, but not limited to, the following:(A) reports of theft or significant loss of controlled substances to DEA and the board;(B) notifications of a change in pharmacist-in-charge of a pharmacy; and(C) reports of a fire or other disaster which may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in diagnosis or treatment of injury, illness, and disease.(f) Permission to maintain central records. Any pharmacy that uses a centralized recordkeeping system for invoices and financial data shall comply with the following procedures.(1) Controlled substance records. Invoices and financial data for controlled substances may be maintained at a central location provided the following conditions are met:(A) Prior to the initiation of central recordkeeping, the pharmacy submits written notification by registered or certified mail to the divisional director of DEA as required by Title 21, Code of Federal Regulations, §1304.04(a), and submits a copy of this written notification to the board. Unless the registrant is informed by the divisional director of DEA that permission to keep central records is denied, the pharmacy may maintain central records commencing 14 days after receipt of notification by the divisional director;(B) The pharmacy maintains a copy of the notification required in subparagraph (A) of this paragraph; and(C) The records to be maintained at the central record location shall not include executed DEA order forms, prescription drug orders, or controlled substance inventories, which shall be maintained at the pharmacy.(2) Dangerous drug records. Invoices and financial data for dangerous drugs may be maintained at a central location.(3) Access to records. If the records are kept in any form requiring special equipment to render the records easily readable, the pharmacy shall provide access to such equipment with the records.(4) Delivery of records. The pharmacy agrees to deliver all or any part of such records to the pharmacy location within two business days of written request of a board agent or any other authorized official.", "sourceNote": "Source Note: The provisions of this §291.75 adopted to be effective April 23, 1982, 7 TexReg 1469; amended to be effective August 30, 1984, 9 TexReg 4450; amended to be effective October 22, 1985, 10 TexReg 3896; amended to be effective December 18, 1985, 10 TexReg 4694; amended to be effective September 14, 1988, 13 TexReg 4318; amended to be effective September 5, 1990, 15 TexReg 4810; amended to be effective September 27, 1991, 16 TexReg 5071; amended to be effective September 30, 1993, 18 TexReg 6460; amended to be effective March 16, 1995, 20 TexReg 1543; amended to be effective June 4, 2000, 25 TexReg 4816; amended to be effective August 31, 2000, 25 TexReg 8406; amended to be effective June 6, 2004, 29 TexReg 5376; amended to be effective December 3, 2006, 31 TexReg 9610; amended to be effective September 18, 2007, 32 TexReg 6333; amended to be effective September 20, 2009, 34 TexReg 6323; amended to be effective March 11, 2010, 35 TexReg 2005; amended to be effective May 30, 2010, 35 TexReg 4177; amended to be effective June 7, 2018, 43 TexReg 3588; amended to be effective March 12, 2019, 44 TexReg 1331; amended to be effective June 20, 2019, 44 TexReg 2947; amended to be effective June 9, 2021, 46 TexReg 3520." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212960", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "D", "label": "INSTITUTIONAL PHARMACY (CLASS C)" }, "rule": { "number": "§291.76", "label": "Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185543", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide standards in the conduct, practice activities, and operation of a pharmacy located in a freestanding ambulatory surgical center that is licensed by the Texas Department of State Health Services. Class C pharmacies located in a freestanding ambulatory surgical center shall comply with this section, in lieu of §§291.71 - 291.75 of this title (relating to Purpose; Definitions; Personnel; Operational Standards; and Records).(b) Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Pharmacy Act, Occupations Code, Subtitle J, as amended.(2) Administer--The direct application of a prescription drug by injection, inhalation, ingestion, or any other means to the body of a patient by:(A) a practitioner, an authorized agent under his supervision, or other person authorized by law; or(B) the patient at the direction of a practitioner.(3) Ambulatory surgical center (ASC)--A freestanding facility that is licensed by the Texas Department of State Health Services that primarily provides surgical services to patients who do not require overnight hospitalization or extensive recovery, convalescent time, or observation. The planned total length of stay for an ASC patient shall not exceed 23 hours. Patient stays of greater than 23 hours shall be the result of an unanticipated medical condition and shall occur infrequently. The 23-hour period begins with the induction of anesthesia.(4) Automated medication supply system--A mechanical system that performs operations or activities relative to the storage and distribution of medications for administration and which collects, controls, and maintains all transaction information.(5) Board--The Texas State Board of Pharmacy.(6) Consultant pharmacist--A pharmacist retained by a facility on a routine basis to consult with the ASC in areas that pertain to the practice of pharmacy.(7) Controlled substance--A drug, immediate precursor, or other substance listed in Schedules I - V or Penalty Groups 1 - 4 of the Texas Controlled Substances Act, as amended, or a drug immediate precursor, or other substance included in Schedules I - V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (Public Law 91-513).(8) Dispense--Preparing, packaging, compounding, or labeling for delivery a prescription drug or device in the course of professional practice to an ultimate user or his agent by or pursuant to the lawful order of a practitioner.(9) Distribute--The delivery of a prescription drug or device other than by administering or dispensing.(10) Downtime--Period of time during which a data processing system is not operable.(11) Electronic signature--A unique security code or other identifier which specifically identifies the person entering information into a data processing system. A facility which utilizes electronic signatures must:(A) maintain a permanent list of the unique security codes assigned to persons authorized to use the data processing system; and(B) have an ongoing security program which is capable of identifying misuse and/or unauthorized use of electronic signatures.(12) Floor stock--Prescription drugs or devices not labeled for a specific patient and maintained at a nursing station or other ASC department (excluding the pharmacy) for the purpose of administration to a patient of the ASC.(13) Formulary--List of drugs approved for use in the ASC by an appropriate committee of the ambulatory surgical center.(14) Hard copy--A physical document that is readable without the use of a special device (i.e., data processing system, computer, etc.).(15) Investigational new drug--New drug intended for investigational use by experts qualified to evaluate the safety and effectiveness of the drug as authorized by the federal Food and Drug Administration.(16) Medication order--An order from a practitioner or his authorized agent for administration of a drug or device.(17) Pharmacist-in-charge--Pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for a pharmacy's compliance with laws and rules pertaining to the practice of pharmacy.(18) Pharmacy--Area or areas in a facility, separate from patient care areas, where drugs are stored, bulk compounded, delivered, compounded, dispensed, and/or distributed to other areas or departments of the ASC, or dispensed to an ultimate user or his or her agent.(19) Prescription drug--(A) A substance for which federal or state law requires a prescription before it may be legally dispensed to the public;(B) A drug or device that under federal law is required, prior to being dispensed or delivered, to be labeled with either of the following statements:(i) Caution: federal law prohibits dispensing without prescription or \"Rx only\" or another legend that complies with federal law; or(ii) Caution: federal law restricts this drug to use by or on order of a licensed veterinarian; or(C) A drug or device that is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by a practitioner only.(20) Prescription drug order--(A) An order from a practitioner or his authorized agent to a pharmacist for a drug or device to be dispensed; or(B) An order pursuant to Subtitle B, Chapter 157, Occupations Code.(21) Full-time pharmacist--A pharmacist who works in a pharmacy from 30 to 40 hours per week or if the pharmacy is open less than 60 hours per week, one-half of the time the pharmacy is open.(22) Part-time pharmacist--A pharmacist who works less than full-time.(23) Pharmacy technician--An individual who is registered with the board as a pharmacy technician and whose responsibility in a pharmacy is to provide technical services that do not require professional judgment regarding preparing and distributing drugs and who works under the direct supervision of and is responsible to a pharmacist.(24) Pharmacy technician trainee--An individual who is registered with the board as a pharmacy technician trainee and is authorized to participate in a pharmacy's technician training program.(25) Texas Controlled Substances Act--The Texas Controlled Substances Act, Health and Safety Code, Chapter 481, as amended.(c) Personnel.(1) Pharmacist-in-charge.(A) General. Each ambulatory surgical center shall have one pharmacist-in-charge who is employed or under contract, at least on a consulting or part-time basis, but may be employed on a full-time basis.(B) Responsibilities. The pharmacist-in-charge shall have the responsibility for, at a minimum, the following:(i) establishing specifications for procurement and storage of all materials, including drugs, chemicals, and biologicals;(ii) participating in the development of a formulary for the ASC, subject to approval of the appropriate committee of the ASC;(iii) distributing drugs to be administered to patients pursuant to the practitioner's medication order;(iv) filling and labeling all containers from which drugs are to be distributed or dispensed;(v) maintaining and making available a sufficient inventory of antidotes and other emergency drugs, both in the pharmacy and patient care areas, as well as current antidote information, telephone numbers of regional poison control center, and other emergency assistance organizations, and such other materials and information as may be deemed necessary by the appropriate committee of the ASC;(vi) maintaining records of all transactions of the ASC pharmacy as may be required by applicable state and federal law, and as may be necessary to maintain accurate control over and accountability for all pharmaceutical materials;(vii) participating in those aspects of the ASC's patient care evaluation program which relate to pharmaceutical material utilization and effectiveness;(viii) participating in teaching and/or research programs in the ASC;(ix) implementing the policies and decisions of the appropriate committee(s) relating to pharmaceutical services of the ASC;(x) providing effective and efficient messenger and delivery service to connect the ASC pharmacy with appropriate areas of the ASC on a regular basis throughout the normal workday of the ASC;(xi) labeling, storing, and distributing investigational new drugs, including maintaining information in the pharmacy and nursing station where such drugs are being administered, concerning the dosage form, route of administration, strength, actions, uses, side effects, adverse effects, interactions, and symptoms of toxicity of investigational new drugs;(xii) meeting all inspection and other requirements of the Texas Pharmacy Act and this subsection;(xiii) maintaining records in a data processing system such that the data processing system is in compliance with the requirements for a Class C (institutional) pharmacy located in a freestanding ASC; and(xiv) ensuring that a pharmacist visits the ASC at least once each calendar week that the facility is open.(2) Consultant pharmacist.(A) The consultant pharmacist may be the pharmacist-in-charge.(B) A written contract shall exist between the ASC and any consultant pharmacist, and a copy of the written contract shall be made available to the board upon request.(3) Pharmacists.(A) General.(i) The pharmacist-in-charge shall be assisted by a sufficient number of additional licensed pharmacists as may be required to operate the ASC pharmacy competently, safely, and adequately to meet the needs of the patients of the facility.(ii) All pharmacists shall assist the pharmacist-in-charge in meeting the responsibilities as outlined in paragraph (1)(B) of this subsection and in ordering, administering, and accounting for pharmaceutical materials.(iii) All pharmacists shall be responsible for any delegated act performed by pharmacy technicians or pharmacy technician trainees under his or her supervision.(iv) All pharmacists while on duty shall be responsible for complying with all state and federal laws or rules governing the practice of pharmacy.(B) Duties. Duties of the pharmacist-in-charge and all other pharmacists shall include, but need not be limited to, the following:(i) receiving and interpreting prescription drug orders and oral medication orders and reducing these orders to writing either manually or electronically;(ii) selecting prescription drugs and/or devices and/or suppliers; and(iii) interpreting patient profiles.(C) Special requirements for compounding non-sterile preparations. All pharmacists engaged in compounding non-sterile preparations shall meet the training requirements specified in §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations).(4) Pharmacy technicians and pharmacy technician trainees.(A) General. All pharmacy technicians and pharmacy technician trainees shall meet the training requirements specified in §297.6 of this title (relating to Pharmacy Technician and Pharmacy Technician Trainee Training).(B) Duties. Pharmacy technicians and pharmacy technician trainees may not perform any of the duties listed in paragraph (3)(B) of this subsection. Duties may include, but need not be limited to, the following functions, under the direct supervision of a pharmacist:(i) prepacking and labeling unit and multiple dose packages, provided a pharmacist supervises and conducts a final check and affixes his or her name, initials, or electronic signature to the appropriate quality control records prior to distribution;(ii) preparing, packaging, compounding, or labeling prescription drugs pursuant to medication orders, provided a pharmacist supervises and checks the preparation;(iii) compounding non-sterile preparations pursuant to medication orders provided the pharmacy technicians or pharmacy technician trainees have completed the training specified in §291.131 of this title;(iv) bulk compounding, provided a pharmacist supervises and conducts in-process and final checks and affixes his or her name, initials, or electronic signature to the appropriate quality control records prior to distribution;(v) distributing routine orders for stock supplies to patient care areas;(vi) entering medication order and drug distribution information into a data processing system, provided judgmental decisions are not required and a pharmacist checks the accuracy of the information entered into the system prior to releasing the order or in compliance with the absence of pharmacist requirements contained in subsection (d)(6)(D) and (E) of this section;(vii) maintaining inventories of drug supplies;(viii) maintaining pharmacy records; and(ix) loading drugs into an automated medication supply system. For the purpose of this clause, direct supervision may be accomplished by physically present supervision or electronic monitoring by a pharmacist.(C) Procedures.(i) Pharmacy technicians and pharmacy technician trainees shall handle medication orders in accordance with standard written procedures and guidelines.(ii) Pharmacy technicians and pharmacy technician trainees shall handle prescription drug orders in the same manner as pharmacy technicians or pharmacy technician trainees working in a Class A pharmacy.(D) Special requirements for compounding non-sterile preparations. All pharmacy technicians and pharmacy technician trainees engaged in compounding non-sterile preparations shall meet the training requirements specified in §291.131 of this title.(5) Owner. The owner of an ASC pharmacy shall have responsibility for all administrative and operational functions of the pharmacy. The pharmacist-in-charge may advise the owner on administrative and operational concerns. The owner shall have responsibility for, at a minimum, the following, and if the owner is not a Texas licensed pharmacist, the owner shall consult with the pharmacist-in-charge or another Texas licensed pharmacist:(A) establishing policies for procurement of prescription drugs and devices and other products dispensed from the ASC pharmacy;(B) establishing and maintaining effective controls against the theft or diversion of prescription drugs;(C) if the pharmacy uses an automated medication supply system, reviewing and approving all policies and procedures for system operation, safety, security, accuracy and access, patient confidentiality, prevention of unauthorized access, and malfunction;(D) providing the pharmacy with the necessary equipment and resources commensurate with its level and type of practice; and(E) establishing policies and procedures regarding maintenance, storage, and retrieval of records in a data processing system such that the system is in compliance with state and federal requirements.(6) Identification of pharmacy personnel. All pharmacy personnel shall be identified as follows:(A) Pharmacy technicians. All pharmacy technicians shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician.(B) Pharmacy technician trainees. All pharmacy technician trainees shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician trainee.(C) Pharmacist interns. All pharmacist interns shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist intern.(D) Pharmacists. All pharmacists shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist(d) Operational standards.(1) Licensing requirements.(A) An ASC pharmacy shall register annually or biennially with the board on a pharmacy license application provided by the board, following the procedures specified in §291.1 of this title (relating to Pharmacy License Application).(B) An ASC pharmacy which changes ownership shall notify the board within 10 days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(C) An ASC pharmacy which changes location and/or name shall notify the board of the change within 10 days and file for an amended license as specified in §291.3 of this title.(D) An ASC pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within 10 days of the change, following the procedures in §291.3 of this title.(E) An ASC pharmacy shall notify the board in writing within 10 days of closing, following the procedures in §291.5 of this title (relating to Closing a Pharmacy).(F) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for issuance and renewal of a license and the issuance of an amended license.(G) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(H) An ASC pharmacy, licensed under the Act, §560.051(a)(3), concerning institutional pharmacy (Class C), which also operates another type of pharmacy which would otherwise be required to be licensed under the Act, §560.051(a)(1), concerning community pharmacy (Class A), or the Act, §560.051(a)(2), concerning nuclear pharmacy (Class B), is not required to secure a license for the other type of pharmacy; provided, however, such license is required to comply with the provisions of §291.31 of this title (relating to Definitions), §291.32 of this title (relating to Personnel), §291.33 of this title (relating to Operational Standards), §291.34 of this title (relating to Records), and §291.35 of this title (relating to Official Prescription Requirements), or §291.51 of this title (relating to Purpose), §291.52 of this title (relating to Definitions), §291.53 of this title (relating to Personnel), §291.54 of this title (relating to Operational Standards), and §291.55 of this title (relating to Records), contained in Nuclear Pharmacy (Class B), to the extent such sections are applicable to the operation of the pharmacy.(I) An ASC pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title.(J) ASC pharmacy personnel shall not compound sterile preparations unless the pharmacy has applied for and obtained a Class C-S pharmacy license.(K) An ASC pharmacy engaged in the provision of remote pharmacy services, including storage and dispensing of prescription drugs, shall comply with the provisions of §291.121 of this title (relating to Remote Pharmacy Services).(L) An ASC pharmacy engaged in centralized prescription dispensing and/or prescription drug or medication order processing shall comply with the provisions of §291.123 of this title (relating to Central Prescription Drug or Medication Order Processing) and/or §291.125 of this title (relating to Centralized Prescription Dispensing).(2) Environment.(A) General requirements.(i) Each ambulatory surgical center shall have a designated work area separate from patient areas which shall have space adequate for the size and scope of pharmaceutical services and shall have adequate space and security for the storage of drugs.(ii) The ASC pharmacy shall be arranged in an orderly fashion and shall be kept clean. All required equipment shall be clean and in good operating condition.(B) Special requirements.(i) The ASC pharmacy shall have locked storage for Schedule II controlled substances and other controlled drugs requiring additional security.(ii) The ASC pharmacy shall have a designated area for the storage of poisons and externals separate from drug storage areas.(C) Security.(i) The pharmacy and storage areas for prescription drugs and/or devices shall be enclosed and capable of being locked by key, combination, or other mechanical or electronic means, so as to prohibit access by unauthorized individuals. Only individuals authorized by the pharmacist-in-charge may enter the pharmacy or have access to storage areas for prescription drugs and/or devices.(ii) The pharmacist-in-charge shall consult with ASC personnel with respect to security of the drug storage areas, including provisions for adequate safeguards against theft or diversion of dangerous drugs and controlled substances, and to security of records for such drugs.(iii) The pharmacy shall have locked storage for Schedule II controlled substances and other drugs requiring additional security.(3) Equipment and supplies. Ambulatory surgical centers supplying drugs for postoperative use shall have the following equipment and supplies:(A) data processing system including a printer or comparable equipment;(B) adequate supply of child-resistant, moisture-proof, and light-proof containers; and(C) adequate supply of prescription labels and other applicable identification labels.(4) Library. A reference library shall be maintained that includes the following in hard copy or electronic format and that pharmacy personnel shall be capable of accessing at all times:(A) current copies of the following:(i) Texas Pharmacy Act and rules;(ii) Texas Dangerous Drug Act and rules;(iii) Texas Controlled Substances Act and rules;(iv) Federal Controlled Substances Act and rules or official publication describing the requirements of the Federal Controlled Substances Act and rules;(B) at least one current or updated general drug information reference which is required to contain drug interaction information including information needed to determine severity or significance of the interaction and appropriate recommendations or actions to be taken; and(C) basic antidote information and the telephone number of the nearest regional poison control center.(5) Drugs.(A) Procurement, preparation, and storage.(i) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff of the facility, relative to such responsibility.(ii) The pharmacist-in-charge shall have the responsibility for determining specifications of all drugs procured by the facility.(iii) ASC pharmacies may not sell, purchase, trade, or possess prescription drug samples, unless the pharmacy meets the requirements as specified in §291.16 of this title (relating to Samples).(iv) All drugs shall be stored at the proper temperatures, as defined in the USP/NF and in §291.15 of this title (relating to Storage of Drugs).(v) Any drug bearing an expiration date may not be dispensed or distributed beyond the expiration date of the drug.(vi) Outdated drugs shall be removed from dispensing stock and shall be quarantined together until such drugs are disposed of.(B) Formulary.(i) A formulary may be developed by an appropriate committee of the ASC.(ii) The pharmacist-in-charge or consultant pharmacist shall be a full voting member of any committee which involves pharmaceutical services.(iii) A practitioner may grant approval for pharmacists at the ASC to interchange, in accordance with the facility's formulary, for the drugs on the practitioner's medication orders provided:(I) a formulary has been developed;(II) the formulary has been approved by the medical staff of the ASC;(III) there is a reasonable method for the practitioner to override any interchange; and(IV) the practitioner authorizes a pharmacist in the ASC to interchange on his/her medication orders in accordance with the facility's formulary through his/her written agreement to abide by the policies and procedures of the medical staff and facility.(C) Prepackaging and loading drugs into automated medication supply system.(i) Prepackaging of drugs.(I) Drugs may be prepackaged in quantities suitable for distribution to other Class C pharmacies under common ownership or for internal distribution only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.(II) The label of a prepackaged unit shall indicate:(-a-) brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;(-b-) facility's lot number;(-c-) expiration date;(-d-) quantity of the drug, if quantity is greater than one; and(-e-) if the drug is distributed to another Class C pharmacy, name of the facility responsible for prepackaging the drug.(III) Records of prepackaging shall be maintained to show:(-a-) the name of the drug, strength, and dosage form;(-b-) facility's lot number;(-c-) manufacturer or distributor;(-d-) manufacturer's lot number;(-e-) expiration date;(-f-) quantity per prepackaged unit;(-g-) number of prepackaged units;(-h-) date packaged;(-i-) name, initials, or electronic signature of the prepacker;(-j-) signature or electronic signature of the responsible pharmacist; and(-k-) if the drug is distributed to another Class C pharmacy, name of the facility receiving the prepackaged drug.(IV) Stock packages, repackaged units, and control records shall be quarantined together until checked/released by the pharmacist.(ii) Loading bulk unit of use drugs into automated medication supply systems. Automated medication supply systems may be loaded with bulk unit of use drugs only by a pharmacist, by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist, or by a licensed nurse who is authorized by the pharmacist to perform the loading of the automated medication supply system. For the purpose of this clause, direct supervision may be accomplished by physically present supervision or electronic monitoring by a pharmacist. In order for the pharmacist to electronically monitor, the medication supply system must allow for bar code scanning to verify the loading of drugs, and a record of the loading must be maintained by the system and accessible for electronic review by the pharmacist.(6) Medication orders.(A) Drugs may be administered to patients in ASCs only on the order of a practitioner. No change in the order for drugs may be made without the approval of a practitioner except as authorized by the practitioner in compliance with paragraph (5)(B) of this subsection.(B) Drugs may be distributed only pursuant to the practitioner's medication order.(C) ASC pharmacies shall be exempt from the labeling provisions and patient notification requirements of §562.006 and §562.009 of the Act, as respects drugs distributed pursuant to medication orders.(D) In ASCs with a full-time pharmacist, if a practitioner orders a drug for administration to a bona fide patient of the facility when the pharmacy is closed, the following is applicable:(i) prescription drugs and devices only in sufficient quantities for immediate therapeutic needs of a patient may be removed from the ASC pharmacy;(ii) only a designated licensed nurse or practitioner may remove such drugs and devices;(iii) a record shall be made at the time of withdrawal by the authorized person removing the drugs and devices. The record shall contain the following information:(I) name of the patient;(II) name of device or drug, strength, and dosage form;(III) dose prescribed;(IV) quantity withdrawn;(V) time and date; and(VI) signature or electronic signature of the person making the withdrawal;(iv) the medication order in the patient's chart may substitute for such record, provided the medication order meets all the requirements of clause (iii) of this subparagraph;(v) the pharmacist shall verify the withdrawal of a controlled substance as soon as practical, but in no event more than 72 hours from the time of such withdrawal; and(vi) the pharmacist shall verify the withdrawal of a dangerous drug at a reasonable interval, but such verification must occur at least once in every calendar week.(E) In ASCs with a part-time or consultant pharmacist, if a practitioner orders a drug for administration to a bona fide patient of the ASC when the pharmacist is not on duty, or when the pharmacy is closed, the following is applicable:(i) prescription drugs and devices only in sufficient quantities for therapeutic needs may be removed from the ASC pharmacy;(ii) only a designated licensed nurse or practitioner may remove such drugs and devices;(iii) a record shall be made at the time of withdrawal by the authorized person removing the drug or device as described in subparagraph (D)(iii) and (iv) of this subsection; and(iv) the pharmacist shall verify withdrawals at a reasonable interval, but such verification must occur at least once in every calendar week that the pharmacy is open.(7) Floor stock. In facilities using a floor stock method of drug distribution, the pharmacy shall establish designated floor stock areas outside of the central pharmacy where drugs may be stored, in accordance with the pharmacy's policies and procedures. The following is applicable for removing drugs or devices in the absence of a pharmacist:(A) prescription drugs and devices may be removed from the pharmacy only in the original manufacturer's container or prepackaged container;(B) only a designated licensed nurse or practitioner may remove such drugs and devices;(C) a record shall be made at the time of withdrawal by the authorized person removing the drug or device and the record shall contain the following information:(i) name of the drug, strength, and dosage form;(ii) quantity removed;(iii) location of floor stock;(iv) date and time; and(v) signature or electronic signature of person making the withdrawal;(D) the medication order in the patient's chart may substitute for the record required in subparagraph (C) of this paragraph, provided the medication order meets all the requirements of subparagraph (C) of this paragraph; and(E) if a stored drug or device is returned to the pharmacy from floor stock areas, a record shall be made by the authorized person returning the drug or device. The record shall contain the following information:(i) drug name, strength, and dosage form, or device name;(ii) quantity returned;(iii) previous floor stock location for the drug or device;(iv) date and time; and(v) signature or electronic signature of person returning the drug or device.(8) Policies and procedures. Written policies and procedures for a drug distribution system, appropriate for the ambulatory surgical center, shall be developed and implemented by the pharmacist-in-charge with the advice of the appropriate committee. The written policies and procedures for the drug distribution system shall include, but not be limited to, procedures regarding the following:(A) controlled substances;(B) investigational drugs;(C) prepackaging and manufacturing;(D) medication errors;(E) orders of physician or other practitioner;(F) floor stocks;(G) adverse drug reactions;(H) drugs brought into the facility by the patient;(I) self-administration;(J) emergency drug tray;(K) formulary, if applicable;(L) drug storage areas;(M) drug samples;(N) drug product defect reports;(O) drug recalls;(P) outdated drugs;(Q) preparation and distribution of IV admixtures;(R) procedures for supplying drugs for postoperative use, if applicable;(S) use of automated medication supply systems;(T) use of data processing systems; and(U) drug regimen review.(9) Drugs supplied for postoperative use. Drugs supplied to patients for postoperative use shall be supplied according to the following procedures.(A) Drugs may only be supplied to patients who have been admitted to the ASC.(B) Drugs may only be supplied in accordance with the system of control and accountability established for drugs supplied from the ambulatory surgical center; such system shall be developed and supervised by the pharmacist-in-charge or staff pharmacist designated by the pharmacist-in-charge.(C) Only drugs listed on the approved postoperative drug list may be supplied; such list shall be developed by the pharmacist-in-charge and the medical staff and shall consist of drugs of the nature and type to meet the immediate postoperative needs of the ambulatory surgical center patient.(D) Drugs may only be supplied in prepackaged quantities not to exceed a 72-hour supply in suitable containers and appropriately prelabeled (including name, address, and phone number of the facility, and necessary auxiliary labels) by the pharmacy provided, however, that topicals and ophthalmics in original manufacturer's containers may be supplied in a quantity exceeding a 72-hour supply.(E) At the time of delivery of the drug, the practitioner shall complete the label, such that the prescription container bears a label with at least the following information:(i) date supplied;(ii) name of practitioner;(iii) name of patient;(iv) directions for use;(v) brand name and strength of the drug; or if no brand name, then the generic name of the drug dispensed, strength, and the name of the manufacturer or distributor of the drug; and(vi) unique identification number.(F) After the drug has been labeled, the practitioner or a licensed nurse under the supervision of the practitioner shall give the appropriately labeled, prepackaged medication to the patient.(G) A perpetual record of drugs which are supplied from the ASC shall be maintained which includes:(i) name, address, and phone number of the facility;(ii) date supplied;(iii) name of practitioner;(iv) name of patient;(v) directions for use;(vi) brand name and strength of the drug; or if no brand name, then the generic name of the drug dispensed, strength, and the name of the manufacturer or distributor of the drug; and(vii) unique identification number.(H) The pharmacist-in-charge, or a pharmacist designated by the pharmacist-in-charge, shall review the records at least once in every calendar week that the pharmacy is open.(10) Drug regimen review.(A) A pharmacist shall evaluate medication orders and patient medication records for:(i) known allergies;(ii) rational therapy--contraindications;(iii) reasonable dose and route of administration;(iv) reasonable directions for use;(v) duplication of therapy;(vi) drug-drug interactions;(vii) drug-food interactions;(viii) drug-disease interactions;(ix) adverse drug reactions;(x) proper utilization, including overutilization or underutilization; and(xi) clinical laboratory or clinical monitoring methods to monitor and evaluate drug effectiveness, side effects, toxicity, or adverse effects, and appropriateness to continued use of the drug in its current regimen.(B) A retrospective, random drug regimen review as specified in the pharmacy's policies and procedures shall be conducted on a periodic basis to verify proper usage of drugs not to exceed 31 days between such reviews.(C) Any questions regarding the order must be resolved with the prescriber and a written notation of these discussions made and maintained.(e) Records.(1) Maintenance of records.(A) Every inventory or other record required to be kept under the provisions of this section (relating to Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center) shall be:(i) kept by the pharmacy and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative, and other authorized local, state, or federal law enforcement agencies; and(ii) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the board. If the pharmacy maintains the records in an electronic format, the requested records must be provided in a mutually agreeable electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this subsection, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(B) Records of controlled substances listed in Schedule II shall be maintained separately and readily retrievable from all other records of the pharmacy.(C) Records of controlled substances listed in Schedules III - V shall be maintained separately or readily retrievable from all other records of the pharmacy. For purposes of this subparagraph, \"readily retrievable\" means that the controlled substances shall be asterisked, redlined, or in some other manner readily identifiable apart from all other items appearing on the record.(D) Records, except when specifically required to be maintained in original or hard copy form, may be maintained in an alternative data retention system, such as a data processing or direct imaging system provided:(i) the records in the alternative data retention system contain all of the information required on the manual record; and(ii) the alternative data retention system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(E) Controlled substance records shall be maintained in a manner to establish receipt and distribution of all controlled substances.(F) An ASC pharmacy shall maintain a perpetual inventory of controlled substances listed in Schedules II - V which shall be verified by a pharmacist for completeness and reconciled at least once in every calendar week that the pharmacy is open.(G) Distribution records for controlled substances, listed in Schedules II - V, shall include the following information:(i) patient's name;(ii) practitioner's name who ordered the drug;(iii) name of drug, dosage form, and strength;(iv) time and date of administration to patient and quantity administered;(v) signature or electronic signature of individual administering the controlled substance;(vi) returns to the pharmacy; and(vii) waste (waste is required to be witnessed and cosigned, manually or electronically, by another individual).(H) The record required by subparagraph (G) of this paragraph shall be maintained separately from patient records.(I) A pharmacist shall conduct an audit by randomly comparing the distribution records required by subparagraph (G) with the medication orders in the patient record on a periodic basis to verify proper administration of drugs not to exceed 30 days between such reviews.(2) Patient records.(A) Each medication order or set of orders issued together shall bear the following information:(i) patient name;(ii) drug name, strength, and dosage form;(iii) directions for use;(iv) date; and(v) signature or electronic signature of the practitioner or that of his or her authorized agent, defined as an employee or consultant/full or part-time pharmacist of the ASC.(B) Medication orders shall be maintained with the medication administration record in the medical records of the patient.(3) General requirements for records maintained in a data processing system.(A) If an ASC pharmacy's data processing system is not in compliance with the board's requirements, the pharmacy must maintain a manual recordkeeping system.(B) The facility shall maintain a backup copy of information stored in the data processing system using disk, tape, or other electronic backup system and update this backup copy on a regular basis to assure that data is not lost due to system failure.(C) A pharmacy that changes or discontinues use of a data processing system must:(i) transfer the records to the new data processing system; or(ii) purge the records to a printout which contains:(I) all of the information required on the original document; or(II) for records of distribution and return for all controlled substances, the same information as required on the audit trail printout as specified in subparagraph (F) of this paragraph. The information on the printout shall be sorted and printed by drug name and list all distributions and returns chronologically.(D) Information purged from a data processing system must be maintained by the pharmacy for two years from the date of initial entry into the data processing system.(E) The pharmacist-in-charge shall report to the board in writing any significant loss of information from the data processing system within 10 days of discovery of the loss.(F) The data processing system shall have the capacity to produce a hard copy printout of an audit trail of drug distribution and return for any strength and dosage form of a drug (by either brand or generic name or both) during a specified time period. This printout shall contain the following information:(i) patient's name and room number or patient's facility identification number;(ii) prescribing or attending practitioner's name;(iii) name, strength, and dosage form of the drug product actually distributed;(iv) total quantity distributed from and returned to the pharmacy;(v) if not immediately retrievable via electronic image, the following shall also be included on the printout:(I) prescribing or attending practitioner's address; and(II) practitioner's DEA registration number, if the medication order is for a controlled substance.(G) An audit trail printout for each strength and dosage form of the drugs distributed during the preceding month shall be produced at least monthly and shall be maintained in a separate file at the facility. The information on this printout shall be sorted by drug name and list all distributions/returns for that drug chronologically.(H) The pharmacy may elect not to produce the monthly audit trail printout if the data processing system has a workable (electronic) data retention system which can produce an audit trail of drug distribution and returns for the preceding two years. The audit trail required in this clause shall be supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy, or other authorized local, state, or federal law enforcement or regulatory agencies.(I) In the event that an ASC pharmacy which uses a data processing system experiences system downtime, the pharmacy must have an auxiliary procedure which will ensure that all data is retained for online data entry as soon as the system is available for use again.(4) Distribution of controlled substances to another registrant. A pharmacy may distribute controlled substances to a practitioner, another pharmacy, or other registrant, without being registered to distribute, under the following conditions.(A) The registrant to whom the controlled substance is to be distributed is registered under the Controlled Substances Act to possess that controlled substance.(B) The total number of dosage units of controlled substances distributed by a pharmacy may not exceed 5.0% of all controlled substances dispensed by the pharmacy during the 12-month period in which the pharmacy is registered; if at any time it does exceed 5.0%, the pharmacy is required to obtain an additional registration to distribute controlled substances.(C) If the distribution is for a Schedule III, IV, or V controlled substance, a record shall be maintained which indicates:(i) the actual date of distribution;(ii) the name, strength, and quantity of controlled substances distributed;(iii) the name, address, and DEA registration number of the distributing pharmacy; and(iv) the name, address, and DEA registration number of the pharmacy, practitioner, or other registrant to whom the controlled substances are distributed.(D) A pharmacy shall comply with 21 CFR 1305 regarding the DEA order form (DEA 222) requirements when distributing a Schedule II controlled substance.(5) Other records. Other records to be maintained by the pharmacy include:(A) a log of the initials or identification codes which identifies each pharmacist by name. The initials or identification code shall be unique to ensure that each pharmacist can be identified, i.e., identical initials or identification codes cannot be used. Such log shall be maintained at the pharmacy for at least seven years from the date of the transaction;(B) suppliers' invoices of dangerous drugs and controlled substances dated and initialed or signed by the person receiving the drugs;(i) a pharmacist shall verify that the controlled substances listed on the invoices were added to the pharmacy's perpetual inventory by clearly recording his/her initials and the date of review of the perpetual inventory; and(ii) for controlled substances, the documents retained must contain the name, strength, and quantity of controlled substances distributed, and the name, address, and DEA number of both the supplier and the receiving pharmacy;(C) supplier's credit memos for controlled substances and dangerous drugs;(D) a copy of inventories required by §291.17 of this title (relating to Inventory Requirements) except that a perpetual inventory of controlled substances listed in Schedule II may be kept in a data processing system if the data processing system is capable of producing a copy of the perpetual inventory on-site;(E) reports of surrender or destruction of controlled substances and/or dangerous drugs to an appropriate state or federal agency or reverse distributor;(F) records of distribution of controlled substances and/or dangerous drugs to other pharmacies, practitioners, or registrants; and(G) a copy of any notification required by the Texas Pharmacy Act or these rules, including, but not limited to, the following:(i) reports of theft or significant loss of controlled substances to DEA and the board;(ii) notification of a change in pharmacist-in-charge of a pharmacy; and(iii) reports of a fire or other disaster which may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or treatment of injury, illness, and disease.(6) Permission to maintain central records. Any pharmacy that uses a centralized recordkeeping system for invoices and financial data shall comply with the following procedures.(A) Controlled substance records. Invoices and financial data for controlled substances may be maintained at a central location provided the following conditions are met:(i) Prior to the initiation of central recordkeeping, the pharmacy submits written notification by registered or certified mail to the divisional director of DEA as required by the Code of Federal Regulations, Title 21, §1304(a), and submits a copy of this written notification to the board. Unless the registrant is informed by the divisional director of DEA that permission to keep central records is denied, the pharmacy may maintain central records commencing 14 days after receipt of notification by the divisional director;(ii) The pharmacy maintains a copy of the notification required in this subparagraph; and(iii) The records to be maintained at the central record location shall not include executed DEA order forms, prescription drug orders, or controlled substance inventories, which shall be maintained at the pharmacy.(B) Dangerous drug records. Invoices and financial data for dangerous drugs may be maintained at a central location.(C) Access to records. If the records are kept in any form requiring special equipment to render the records easily readable, the pharmacy shall provide access to such equipment with the records.(D) Delivery of records. The pharmacy agrees to deliver all or any part of such records to the pharmacy location within two business days of written request of a board agent or any other authorized official.", "sourceNote": "Source Note: The provisions of this §291.76 adopted to be effective October 7, 1986, 11 TexReg 4034; amended to be effective July 29, 1987, 12 TexReg 2337; amended to be effective September 14, 1988, 13 TexReg 4323; amended to be effective September 5, 1990, 15 TexReg 4810; amended to be effective September 27, 1991, 16 TexReg 5071; amended to be effective January 29, 1992, 17 TexReg 324; amended to be effective September 30, 1993, 18 TexReg 6460; amended to be effective August 31, 2000, 25 TexReg 8406; amended to be effective March 4, 2004, 29 TexReg 2000; amended to be effective June 6, 2004, 29 TexReg 5376; amended tobe effective December 3, 2006, 31 TexReg 9611; amended to be effective September 18, 2007, 32 TexReg 6333; amended to be effective September 20, 2009, 34 TexReg 6323; amended to be effective March 10, 2011, 36 TexReg 1528; amended to be effective December 10, 2013, 38 TexReg 8847; amended to be effective September 11, 2014, 39 TexReg 7119; amended to be effective December 6, 2015, 40 TexReg 8766; amended to be effective September 11, 2016, 41 TexReg 6708; amended to be effective September 6, 2017, 42 TexReg 4467; amended to be effective June 7, 2018, 43 TexReg 3591; amended to be effective June 20, 2019, 44 TexReg 2950; amended to be effective June 9, 2021, 46 TexReg 3521; amended to be effective September 9, 2021, 46 TexReg 5551; amended to be effective March 7, 2023, 48 TexReg 1296." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185543&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185543", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "D", "label": "INSTITUTIONAL PHARMACY (CLASS C)" }, "rule": { "number": "§291.77", "label": "Pharmacies Compounding Sterile Preparations (Class C-S)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152129", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensing requirements. An institutional or ASC pharmacy engaged in the compounding of sterile preparations shall be designated as a Class C-S pharmacy.(1) A Class C-S pharmacy shall register annually or biennially with the board on a pharmacy license application provided by the board, following the procedures specified in §291.1 of this title (relating to Pharmacy License Application). A Class C-S license may not be issued unless the pharmacy has been inspected by the board to ensure the pharmacy meets the requirements as specified in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations).(2) A Class C-S pharmacy may not renew a pharmacy license unless the pharmacy has been inspected by the board within the last renewal period.(3) A Class C-S pharmacy which changes ownership shall notify the board within 10 days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(4) A Class C-S pharmacy which changes location and/or name shall notify the board within 10 days of the change and file for an amended license as specified in §291.3 of this title.(5) A Class C-S pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within 10 days of the change following the procedures in §291.3 of this title.(6) A Class C-S pharmacy shall notify the board in writing within 10 days of closing, following the procedures in §291.5 of this title (relating to Closing a Pharmacy).(7) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance and renewal of a license and the issuance of an amended license.(8) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(9) A Class C-S pharmacy, licensed under the Act, §560.051(a)(3), which also operates another type of pharmacy which would otherwise be required to be licensed under the Act, §560.051(a)(1) (Community Pharmacy (Class A)) or the Act, §560.051(a)(2) (Nuclear Pharmacy (Class B)), is not required to secure a license for the such other type of pharmacy; provided, however, such licensee is required to comply with the provisions of §291.31 of this title (relating to Definitions), §291.32 of this title (relating to Personnel), §291.33 of this title (relating to Operational Standards), §291.34 of this title (relating to Records), and §291.35 of this title (relating to Official Prescription Requirements), contained in Community Pharmacy (Class A), or §291.51 of this title (relating to Purpose), §291.52 of this title (relating to Definitions), §291.53 of this title (relating to Personnel), §291.54 of this title (relating to Operational Standards), and §291.55 of this title (relating to Records), contained in Nuclear Pharmacy (Class B), to the extent such sections are applicable to the operation of the pharmacy.(10) A Class C-S pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations).(11) A Class C-S pharmacy engaged in the provision of remote pharmacy services, including storage and dispensing of prescription drugs, shall comply with the provisions of §291.121 of this title (relating to Remote Pharmacy Services).(12) A Class C-S pharmacy engaged in centralized prescription dispensing and/or prescription drug or medication order processing shall comply with the provisions of §291.123 of this title (relating to Central Prescription Drug or Medication Order Processing) and/or §291.125 of this title (relating to Centralized Prescription Dispensing).(13) A Class C-S pharmacy with an ongoing clinical pharmacy program that proposes to allow a pharmacy technician to verify the accuracy of work performed by another pharmacy technician relating to the filling of floor stock and unit dose distribution systems for a patient admitted to the hospital if the patient's orders have previously been reviewed and approved by a pharmacist shall make application to the board as follows.(A) The pharmacist-in-charge must submit an application on a form provided by the board, containing the following information:(i) name, address, and pharmacy license number;(ii) name and license number of the pharmacist-in-charge;(iii) name and registration numbers of the pharmacy technicians;(iv) anticipated date the pharmacy plans to begin allowing a pharmacy technician to verify the accuracy of work performed by another pharmacy technician;(v) documentation that the pharmacy has an ongoing clinical pharmacy program; and(vi) any other information specified on the application.(B) The pharmacy may not allow a pharmacy technician to check the work of another pharmacy technician until the board has reviewed and approved the application and issued an amended license to the pharmacy.(C) Every two years, in connection with the application for renewal of the pharmacy license, the pharmacy shall provide updated documentation that the pharmacy continues to have an ongoing clinical pharmacy program as specified in subparagraph (A)(v) of this paragraph.(14) A rural hospital that wishes to allow a pharmacy technician to perform the duties specified in §291.73(e)(2)(D) of this title (relating to Personnel) shall make application to the board as follows.(A) Prior to allowing a pharmacy technician to perform the duties specified in §291.73(e)(2)(D) of this title, the pharmacist-in-charge must submit an application on a form provided by the board, containing the following information:(i) name, address, and pharmacy license number;(ii) name and license number of the pharmacist-in-charge;(iii) name and registration number of the pharmacy technicians;(iv) proposed date the pharmacy wishes to start allowing pharmacy technicians to perform the duties specified in §291.73(e)(2)(D) of this title;(v) documentation that the hospital is a rural hospital with 75 or fewer beds and that the rural hospital is either:(I) located in a county with a population of 50,000 or less as defined by the United States Census Bureau in the most recent U.S. census; or(II) designated by the Centers for Medicare and Medicaid Services as a critical access hospital, rural referral center, or sole community hospital; and(vi) any other information specified on the application.(B) A rural hospital may not allow a pharmacy technician to perform the duties specified in §291.73(e)(2)(D) of this title until the board has reviewed and approved the application and issued an amended license to the pharmacy.(C) Every two years in conjunction with the application for renewal of the pharmacy license, the pharmacist-in-charge shall update the application for pharmacy technicians to perform the duties specified in §291.73(e)(2)(D) of this title.", "sourceNote": "Source Note: The provisions of this §291.77 adopted to be effective December 10, 2013, 38 TexReg 8847; amended to be effective September 6, 2017, 42 TexReg 4467." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152129", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "E", "label": "CLINIC PHARMACY (CLASS D)" }, "rule": { "number": "§291.91", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137983", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Pharmacy Act, Chapters 551 - 566, 568 - 569, Occupations Code as amended.(2) Administer--The direct application of a prescription drug by injection, inhalation, ingestion, or any other means to the body of a patient by:(A) a practitioner or an authorized agent under his supervision; or(B) the patient at the direction of a practitioner.(3) Board--The Texas State Board of Pharmacy.(4) Clinic--A facility/location other than a physician's office, where limited types of dangerous drugs or devices restricted to those listed in and approved for the clinic's formulary are stored, administered, provided, or dispensed to outpatients.(5) Consultant pharmacist--A pharmacist retained by a clinic on a routine basis to consult with the clinic in areas that pertain to the practice of pharmacy.(6) Continuous supervision--Supervision provided by the pharmacist-in-charge, consultant pharmacist, and/or staff pharmacist, and consists of on-site and telephone supervision, routine inspection, and a policy and procedure manual.(7) Controlled substance--A drug, immediate precursor, or other substance listed in Schedules I-V or Penalty Groups 1-4 of the Texas Controlled Substances Act, as amended, or a drug, immediate precursor, or other substance included in Schedule I, II, III, IV, or V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (Public Law 91-513).(8) Dangerous drug--Any drug or device that is not included in Penalty Groups 1-4 of the Controlled Substances Act and that is unsafe for self-medication or any drug or device that bears or is required to bear the legend:(A) \"Caution: federal law prohibits dispensing without prescription\" or \"Rx only\";(B) \"Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian.\"(9) Dispense--Preparing, packaging, compounding, or labeling for delivery a prescription drug or device in the course of professional practice to an ultimate user or his agent by or pursuant to the lawful order of a practitioner.(10) Indigent--Person who meets or falls below 185% of federal poverty income guidelines as established from time to time by the United States Department of Health and Human Services.(11) Limited type of device--An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component part or accessory, that is required under federal or state law to be ordered or prescribed by a practitioner, that is contained in the clinic formulary and is to be administered, dispensed, or provided according to the objectives of the clinic.(12) Limited type of drug--A dangerous drug contained in the clinic formulary, and to be administered, dispensed, or provided according to the objectives of the clinic.(13) Outpatient--An ambulatory patient who comes to a clinic to receive services related to the objectives of the clinic and departs the same day.(14) Pharmacist--A person licensed by the board to practice pharmacy.(15) Pharmacist-in-charge--The pharmacist designated on a pharmacy license as the pharmacist who is responsible for a pharmacy's compliance with laws and rules pertaining to the practice of pharmacy.(16) Practitioner--(A) a person licensed or registered to prescribe, distribute, administer, or dispense a prescription drug or device in the course of professional practice in this state, including a physician, dentist, podiatrist, or veterinarian but excluding a person licensed under the Act;(B) a person licensed by another state, Canada, or the United Mexican States in a health field in which, under the law of this state, a license holder in this state may legally prescribe a dangerous drug;(C) a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current federal Drug Enforcement Administration registration number and who may legally prescribe a Schedule II, III, IV, or V controlled substance, as specified under Chapter 481, Health and Safety Code, in that other state; or(D) an advanced practice nurse or physician assistant to whom a physician has delegated the authority to carry out or sign prescription drug orders under §§157.0511, 157.052, 157.053, 157.054, 157.0541, or 157.0542, Occupations Code.(17) Prepackaging--A method of packaging a drug product into a single container which contains more than one dosage unit and usually contains sufficient quantity of medication for one normal course of therapy.(18) Provide--To supply one or more units of use of a nonprescription drug or dangerous drug to a patient.(19) Standing delegation order--Written orders from a physician and designed for a patient population with specific diseases, disorders, health problems, or sets of symptoms, which provide authority for and a plan for use with patients presenting themselves prior to being examined or evaluated by a physician to assure that such acts are carried out correctly and are distinct from specific orders written for a particular patient.(20) Standing medical order--Written orders from a physician or the medical staff of an institution for patients which have been examined or evaluated by a physician and which are used as a guide in preparation for and carrying out medical and/or surgical procedures.(21) Supportive personnel--Individuals under the supervision of a pharmacist-in-charge, designated by the pharmacist-in-charge, and for whom the pharmacist-in-charge assumes legal responsibility, who function and perform under the instructions of the pharmacist-in-charge.(22) Texas Controlled Substances Act--The Texas Controlled Substances Act, Health and Safety Code, Chapter 481, as amended.(23) Unit of use--A sufficient quantity of a drug product for one normal course of therapy.", "sourceNote": "Source Note: The provisions of this §291.91 adopted to be effective January 7, 1987, 11 TexReg 5128; amended to be effective January 29, 1992, 17 TexReg 324; amended to be effective March 12, 2003, 28 TexReg 2082; amended to be effective September 7, 2008, 33 TexReg 7242; amended to be effective July 11, 2011, 36 TexReg 4412." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137983", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "E", "label": "CLINIC PHARMACY (CLASS D)" }, "rule": { "number": "§291.92", "label": "Personnel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185529", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pharmacist-in-charge.(1) General.(A) Each Class D pharmacy shall have one pharmacist-in-charge who is employed or under written agreement, at least on a part-time basis, but may be employed on a full-time basis if desired, and who may be pharmacist-in-charge of more than one clinic pharmacy.(B) A written agreement shall exist between the clinic and the pharmacist-in-charge, and a copy of the written agreement shall be made available to the board upon request.(2) Responsibilities. The pharmacist-in-charge shall have at a minimum, the responsibility for the following:(A) continuous supervision of registered nurses, licensed vocational nurses, physician assistants, pharmacy technicians, pharmacy technician trainees, and assistants carrying out the pharmacy related aspects of provision;(B) documented periodic on-site visits as specified in §291.93(h) and §291.94(b) of this title (relating to Operational Standards and Records), either personally or by the consultant pharmacist or staff pharmacist, to insure that the clinic is following set policies and procedures; documentation shall be as specified in §291.94(b) of this title;(C) development of a formulary for the clinic, in conjunction with the clinic's pharmacy and therapeutics committee, consisting of drugs and/or devices needed to meet the objectives of the clinic;(D) procurement and storage of drugs and/or devices, but he or she may receive input from other appropriate staff of the clinic;(E) determining specifications of all drugs and/or devices procured by the clinic;(F) maintenance of records of all transactions of the pharmacy as may be required by applicable law and as may be necessary to maintain accurate control over and accountability for all drugs and/or devices;(G) development and at least annual review of a policy and procedure manual for the pharmacy in conjunction with the clinic's pharmacy and therapeutics committee;(H) meeting inspection and other requirements of the Texas Pharmacy Act and these sections;(I) dispensing of prescription orders; and(J) conducting inservice training at least annually for supportive personnel who provide drugs; such training shall be related to actions, contraindications, adverse reactions, and pharmacology of drugs contained in the formulary.(b) Consultant pharmacist.(1) The consultant pharmacist may be the pharmacist-in-charge.(2) The consultant pharmacist may be retained by more than one clinic.(c) Staff pharmacists.(1) The pharmacist-in-charge may be assisted by a sufficient number of additional pharmacists as may be required to operate the clinic pharmacy competently, safely, and adequately to meet the needs of the patients of the clinic.(2) Staff pharmacists and/or the consultant pharmacist shall assist the pharmacist-in-charge in meeting the responsibilities as outlined in subsection (a)(2) of this section and in ordering, supervising, and accounting for drugs and/or devices.(3) Staff pharmacists and/or the consultant pharmacist shall be responsible for any delegated act performed by supportive personnel under his or her supervision.(d) Supportive personnel.(1) Qualifications.(A) Supportive personnel shall possess education and training necessary to carry out their responsibilities.(B) Supportive personnel shall be qualified to perform the pharmacy tasks assigned to them.(2) Duties. Duties may include:(A) prepackaging and labeling unit of use packages, under the direct supervision of a pharmacist with the pharmacist conducting in-process and final checks and affixing his or her signature to the appropriate quality control records;(B) maintaining inventories of drugs and/or devices; and(C) maintaining pharmacy records.(3) Absence of the pharmacist. The pharmacist-in-charge shall designate from among the supportive personnel a person to supervise the day-to-day pharmacy-related operations of the clinic.(e) Owner. The owner of a Class D pharmacy shall have responsibility for all administrative and operational functions of the pharmacy. The pharmacist-in-charge may advise the owner on administrative and operational concerns. The owner shall have responsibility for, at a minimum, the following, and if the owner is not a Texas licensed pharmacist, the owner shall consult with the pharmacist-in-charge or another Texas licensed pharmacist:(1) establishment of policies for procurement of prescription drugs and devices and other products provided or dispensed from the Class D pharmacy;(2) establishment and maintenance of effective controls against the theft or diversion of prescription drugs;(3) providing the pharmacy with the necessary equipment and resources commensurate with its level and type of practice; and(4) establishment of policies and procedures regarding maintenance, storage, and retrieval of records in a data processing system such that the system is in compliance with state and federal requirements.", "sourceNote": "Source Note: The provisions of this §291.92 adopted to be effective January 7, 1987, 11 TexReg 5128; amended to be effective September 18, 2007, 32 TexReg 6348; amended to be effective September 7, 2008, 33 TexReg 7242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185529", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "E", "label": "CLINIC PHARMACY (CLASS D)" }, "rule": { "number": "§291.93", "label": "Operational Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137985", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration.(1) Licensing requirements.(A) All clinic pharmacies shall register with the board on a pharmacy license application provided by the board, following the procedures specified in §291.1 of this title (relating to Pharmacy License Application).(B) All clinic pharmacies shall provide a copy of their policy and procedure manual, which includes the formulary, to the board with the initial license application.(C) The following fees will be charged.(i) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance of a new license and for each renewal.(ii) A pharmacy operated by the state or a local government that qualifies for a Class D license is not required to pay a fee to obtain a license.(D) A Class D pharmacy which changes ownership shall notify the board within ten days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(E) A clinic pharmacy shall notify the board in writing of any change in name or location as specified in §291.3 of this title.(F) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(G) A clinic pharmacy shall notify the board in writing within 10 days of a change of the pharmacist-in-charge or staff pharmacist or consultant pharmacist.(H) A Class D pharmacy shall notify the board in writing within ten days of closing, following the procedures as specified in §291.5 of this title (relating to Closing a Pharmacy).(2) Registration requirements for facilities that operate at temporary clinic sites. A facility that operates a clinic at one or more temporary locations may be licensed as a Class D pharmacy and provide dangerous drugs from these temporary locations provided:(A) the Class D pharmacy complies with the registration requirements in paragraph (1) of this subsection;(B) the Class D pharmacy has a permanent location where all dangerous drugs and records are stored;(C) no dangerous drugs are stored or left for later pickup by the patient at the temporary location(s), and all drugs are returned to the permanent location each day and stored:(i) within the Class D pharmacy; or(ii) within the pharmacy's mobile unit provided the mobile clinic is parked at the location of the clinic pharmacy in a secure area with adequate measures to prevent unauthorized access, and the drugs are maintained at proper temperatures;(D) the permanent location is the address of record for the pharmacy;(E) the facility has no more than six temporary locations in operation simultaneously;(F) the Class D pharmacy notifies the board of the locations of the temporary locations where drugs will be provided and the schedule for operation of such clinics; and(G) the Class D pharmacy notifies the board within 10 days of a change in address or closing of a temporary location or a change in schedule of operation of a clinic.(b) Environment.(1) General requirements.(A) The Class D pharmacy shall have a designated area(s) for the storage of dangerous drugs and/or devices.(B) No person may operate a pharmacy which is unclean, unsanitary, or under any condition which endangers the health, safety, or welfare of the public.(C) The Class D pharmacy shall comply with all federal, state, and local health laws and ordinances.(D) A sink with hot and cold running water shall be available to all pharmacy personnel and shall be maintained in a sanitary condition at all times.(2) Security.(A) Only authorized personnel may have access to storage areas for dangerous drugs and/or devices.(B) All storage areas for dangerous drugs and/or devices shall be locked by key, combination, or other mechanical or electronic means, so as to prohibit access by unauthorized individuals.(C) The pharmacist-in-charge shall be responsible for the security of all storage areas for dangerous drugs and/or devices including provisions for adequate safeguards against theft or diversion of dangerous drugs and devices, and records for such drugs and devices.(D) The pharmacist-in-charge shall consult with clinic personnel with respect to security of the pharmacy, including provisions for adequate safeguards against theft or diversion of dangerous drugs and/or devices, and records for such drugs and/or devices.(E) Housekeeping and maintenance duties shall be carried out in the pharmacy, while the pharmacist-in-charge, consultant pharmacist, staff pharmacist, or supportive personnel is on the premises.(c) Equipment. Each Class D pharmacy shall maintain the following equipment and supplies:(1) if the Class D pharmacy prepackages drugs for provision:(A) a typewriter or comparable equipment; and(B) an adequate supply of child-resistant, moisture-proof, and light-proof containers and prescription, poison, and other applicable identification labels used in dispensing and providing of drugs;(2) if the Class D pharmacy maintains dangerous drugs requiring refrigeration and/or freezing, a refrigerator and/or freezer;(3) if the Class D pharmacy compounds prescription drug orders, a properly maintained Class A prescription balance (with weights) or equivalent analytical balance. It is the responsibility of the pharmacist-in-charge to have such balance inspected at least every three years by the appropriate authority as prescribed by local, state, or federal law or regulations.(d) Library. A reference library shall be maintained which includes the following in hard copy or electronic format:(1) current copies of the following:(A) Texas Pharmacy Act and rules; and(B) Texas Dangerous Drug Act;(2) current copies of at least two of the following references:(A) Facts and Comparisons with current supplements;(B) AHFS Drug Information;(C) United States Pharmacopeia Dispensing Information (USPDI);(D) Physician's Desk Reference (PDR);(E) American Drug Index;(F) a reference text on drug interactions, such as Drug Interaction Facts. A separate reference is not required if other references maintained by the pharmacy contain drug interaction information including information needed to determine severity or significance of the interaction and appropriate recommendations or actions to be taken;(G) reference texts in any of the following subjects: toxicology, pharmacology, or drug interactions; or(H) reference texts pertinent to the major function(s) of the clinic.(e) Drugs and devices.(1) Formulary.(A) Each Class D pharmacy shall have a formulary which lists all drugs and devices that are administered, dispensed, or provided by the Class D pharmacy.(B) The formulary shall be limited to the following types of drugs and devices, exclusive of injectable drugs for administration in the clinic and nonprescription drugs, except as provided in subparagraph (D) of this paragraph:(i) anti-infective drugs;(ii) musculoskeletal drugs;(iii) vitamins;(iv) obstetrical and gynecological drugs and devices;(v) topical drugs; and(vi) serums, toxoids, and vaccines.(C) The formulary shall not contain the following drugs or types of drugs:(i) Nalbuphine (Nubain);(ii) drugs used to treat erectile dysfunction; and(iii) Schedule I - V controlled substances.(D) Clinics with a patient population which consists of at least 80% indigent patients may petition the board to operate with a formulary which includes types of drugs and devices, other than those listed in subparagraph (B) of this paragraph based upon documented objectives of the clinic, under the following conditions.(i) Such petition shall contain an affidavit with the notarized signatures of the medical director, the pharmacist-in-charge, and the owner/chief executive officer of the clinic, and include the following documentation:(I) the objectives of the clinic;(II) the total number of patients served by the clinic during the previous fiscal year or calendar year;(III) the total number of indigent patients served by the clinic during the previous fiscal year or calendar year;(IV) the percentage of clinic patients who are indigent, based upon the patient population during the previous fiscal year or calendar year;(V) the proposed formulary and the need for additional types of drugs based upon objectives of the clinic; and(VI) if the provision of any drugs on the proposed formulary require special monitoring, the clinic pharmacy shall submit relevant sections of the clinic's policy and procedure manual regarding the provision of drugs that require special monitoring.(ii) Such petition shall be resubmitted every two years in conjunction with the application for renewal of the pharmacy license.(I) Such renewal petition shall contain the documentation required in clause (i) of this subparagraph.(II) If at the time of renewal of the pharmacy license, the patient population for the previous fiscal year or calendar year is below 80% indigent patients, the clinic shall be required to submit an application for a Class A pharmacy license or shall limit the clinic formulary to those types of drugs and devices listed in subparagraph (B) of this paragraph.(iii) If a Class D pharmacy wishes to add additional drugs to the expanded formulary, the pharmacy shall petition the board in writing prior to adding such drugs to the formulary. The petition shall identify drugs to be added and the need for the additional drugs based upon objectives of the clinic as specified in clause (i) of this subparagraph.(iv) The following additional requirements shall be satisfied for clinic pharmacies with expanded formularies.(I) Supportive personnel who are providing drugs shall be licensed nurses or practitioners.(II) The pharmacist-in-charge, consultant pharmacist, or staff pharmacist shall make on-site visits to the clinic at least monthly.(III) If the pharmacy provides drugs which require special monitoring (i.e., drugs which require follow-up laboratory work or drugs which should not be discontinued abruptly), the pharmacy shall have policies and procedures for the provision of the prescription drugs to patients and the monitoring of patients who receive such drugs.(IV) The pharmacist-in-charge, consultant pharmacists, or staff pharmacists shall conduct retrospective drug regimen reviews of a random sample of patients of the clinic on at least a quarterly basis. The pharmacist-in-charge shall be responsible for ensuring that a report regarding the drug regimen review, including the number of patients reviewed, is submitted to the clinic's medical director and the pharmacy and therapeutics committee of the clinic.(V) If a pharmacy provides antipsychotic drugs:(-a-) a practitioner of the clinic shall initiate the therapy;(-b-) a practitioner shall monitor and order ongoing therapy; and(-c-) the patient shall be physically examined by the practitioner at least on a yearly basis.(v) The board may consider the following items in approving or disapproving a petition for an expanded formulary:(I) the degree of compliance on past compliance inspections;(II) the size of the patient population of the clinic;(III) the number and types of drugs contained in the formulary; and(IV) the objectives of the clinic.(2) Storage.(A) Drugs and/or devices which bear the words \"Caution, Federal Law Prohibits Dispensing without prescription\" or \"Rx only\" shall be stored in secured storage areas.(B) All drugs shall be stored at the proper temperatures, as defined in §291.15 of this title (relating to Storage of Drugs).(C) Any drug or device bearing an expiration date may not be provided, dispensed, or administered beyond the expiration date of the drug or device.(D) Outdated drugs or devices shall be removed from stock and shall be quarantined together until such drugs or devices are disposed.(E) Controlled substances may not be stored at the Class D pharmacy.(3) Drug samples.(A) Drug samples of drugs listed on the Class D pharmacy's formulary and supplied by manufacturers shall be properly stored, labeled, provided, or dispensed by the Class D pharmacy in the same manner as prescribed by these sections for dangerous drugs.(B) Samples of controlled substances may not be stored, provided, or dispensed in the Class D pharmacy.(4) Prepackaging and labeling for provision.(A) Drugs may be prepackaged and labeled for provision in the Class D pharmacy. Such prepackaging shall be performed by a pharmacist or supportive personnel under the direct supervision of a pharmacist and shall be for the internal use of the clinic.(B) Drugs must be prepackaged in suitable containers.(C) The label of the prepackaged unit shall bear:(i) the name, address, and telephone number of the clinic;(ii) directions for use, which may include incomplete directions for use provided:(I) labeling with incomplete directions for use has been authorized by the pharmacy and therapeutics committee;(II) precise requirements for completion of the directions for use are developed by the pharmacy and therapeutics committee and maintained in the pharmacy policy and procedure manual; and(III) the directions for use are completed by practitioners, pharmacists, or licensed nurses in accordance with the precise requirements developed under subclause (II) of this clause;(iii) name and strength of the drug--if generic name, the name of the manufacturer or distributor of the drug;(iv) quantity;(v) lot number and expiration date; and(vi) appropriate ancillary label(s).(D) Records of prepackaging shall be maintained according to §291.94(c) of this title (relating to Records).(5) Labeling for provision of drugs and/or devices in an original manufacturer's container.(A) Drugs and/or devices in an original manufacturer's container shall be labeled prior to provision with the information set out in paragraph (4)(C) of this subsection.(B) Drugs and/or devices in an original manufacturer's container may be labeled by:(i) a pharmacist in a pharmacy licensed by the board; or(ii) supportive personnel in a Class D pharmacy, provided the drugs and/or devices and control records required by §291.94(d) of this title are quarantined together until checked and released by a pharmacist.(C) Records of labeling for provision of drugs and/or devices in an original manufacturer's container shall be maintained according to §291.94(d) of this title.(6) Provision.(A) Drugs and devices may only be provided to patients of the clinic.(B) At the time of the initial provision, a licensed nurse or practitioner shall provide verbal and written information to the patient or patient's agent on side effects, interactions, and precautions concerning the drug or device provided. If the provision of subsequent drugs is delivered to the patient at the patient's residence or other designated location, the following is applicable:(i) Written information as specified in subparagraph (B) of this paragraph shall be delivered with the medication.(ii) The pharmacy shall maintain and use adequate storage or shipment containers and use shipping processes to ensure drug stability and potency. Such shipping processes shall include the use of appropriate packaging material and/or devices to ensure that the drug is maintained at an appropriate temperature range to maintain the integrity of the medication throughout the delivery process.(iii) The pharmacy shall use a delivery system which is designed to ensure that the drugs are delivered to the appropriate patient.(C) The provision of drugs or devices shall be under the continuous supervision of a pharmacist according to standing delegation orders or standing medical orders and in accordance with written policies and procedures and completion of the label as specified in subparagraph (G) of this paragraph.(D) Drugs and/or devices may only be provided in accordance with the system of control and accountability for drugs and/or devices provided by the clinic; such system shall be developed and supervised by the pharmacist-in-charge.(E) Only drugs and/or devices listed in the clinic formulary may be provided.(F) Drugs and/or devices may only be provided in prepackaged quantities in suitable containers and/or original manufacturer's containers which are appropriately labeled as set out in paragraphs (4) and (5) of this subsection.(G) Such drugs and/or devices shall be labeled by a pharmacist licensed by the board; however, when drugs and/or devices are provided under the supervision of a physician according to standing delegation orders or standing medical orders, supportive personnel may at the time of provision print on the label the following information or affix an ancillary label containing the following information:(i) patient's name; however, the patient's partner or family member is not required to be on the label of a drug prescribed for a partner for a sexually transmitted disease or for a patient's family members if the patient has an illness determined by the Centers for Disease Control and Prevention, the World Health Organization, or the Governor's office to be pandemic;(ii) any information necessary to complete the directions for use in accordance with paragraph (4)(C)(ii) of this subsection;(iii) date of provision; and(iv) practitioner's name.(H) Records of provision shall be maintained according to §291.94(e) of this title.(I) Controlled substances may not be provided or dispensed.(J) Non-sterile preparations may only be provided by the clinic pharmacy in accordance with §291.131 of this title (relating to Pharmacies Compounding Non-sterile Preparations).(7) Dispensing. Dangerous drugs may only be dispensed by a pharmacist pursuant to a prescription order in accordance with §§291.31 - 291.35 of this title (relating to Community Pharmacy (Class A)) and §291.131 of this title.(f) Pharmacy and therapeutics committee.(1) The clinic pharmacy shall have a pharmacy and therapeutics committee, which shall be composed of at least three persons and shall include the pharmacist-in-charge, the medical director of the clinic, and a person who is responsible for provision of drugs and devices.(2) The pharmacy and therapeutics committee shall develop the policy and procedure manual.(3) The pharmacy and therapeutics committee shall meet at least annually to:(A) review and update the policy and procedure manual; and(B) review the retrospective drug utilization review reports submitted by the pharmacist-in-charge if the clinic pharmacy has an expanded formulary.(g) Policies and procedures.(1) Written policies and procedures shall be developed by the pharmacy and therapeutics committee and implemented by the pharmacist-in-charge.(2) The policy and procedure manual shall include, but not be limited to, the following:(A) a current list of the names of the pharmacist-in-charge, consultant-pharmacist, staff pharmacist(s), supportive personnel designated to provide drugs or devices, and the supportive personnel designated to supervise the day-to-day pharmacy related operations of the clinic in the absence of the pharmacist;(B) functions of the pharmacist-in-charge, consultant pharmacist, staff pharmacist(s), and supportive personnel;(C) objectives of the clinic;(D) formulary;(E) a copy of written agreement between the pharmacist-in-charge and the clinic;(F) date of last review/revision of policy and procedure manual; and(G) policies and procedures for:(i) security;(ii) equipment;(iii) sanitation;(iv) licensing;(v) reference materials;(vi) storage;(vii) packaging-repackaging;(viii) dispensing;(ix) provision;(x) retrospective drug regimen review;(xi) supervision;(xii) labeling-relabeling;(xiii) samples;(xiv) drug destruction and returns;(xv) drug and device procuring;(xvi) receiving of drugs and devices;(xvii) delivery of drugs and devices;(xviii) recordkeeping; and(xix) inspection.(h) Supervision. The pharmacist-in-charge, consultant pharmacist, or staff pharmacist shall personally visit the clinic on at least a monthly basis to ensure that the clinic is following established policies and procedures. However, clinics operated by state or local governments and clinics funded by government sources money may petition the board for an alternative visitation schedule under the following conditions.(1) Such petition shall contain an affidavit with the notarized signatures of the medical director, the pharmacist-in-charge, and the owner/chief executive officer of the clinic, which states that the clinic has a current policy and procedure manual on file, has adequate security to prevent diversion of dangerous drugs, and is in compliance with all rules governing Class D pharmacies.(2) The board may consider the following items in determining an alternative schedule:(A) the degree of compliance on past compliance inspections;(B) the size of the patient population of the clinic;(C) the number and types of drugs contained in the formulary; and(D) the objectives of the clinic.(3) Such petition shall be resubmitted every two years in conjunction with the application for renewal of the pharmacy license.", "sourceNote": "Source Note: The provisions of this §291.93 adopted to be effective January 7, 1987, 11 TexReg 5128; amended to be effective July 29, 1987, 12 TexReg 2339; amended to be effective February 17, 1988, 13 TexReg 613; amended to be effective September 14, 1988, 13 TexReg 4575; amended to be effective September 27, 1991, 16 TexReg 5071; amended to be effective January 29, 1992, 17 TexReg 324; amended to be effective March 25, 1999, 24 TexReg 2022; amended to be effective June 20, 2001, 26 TexReg 4513; amended to be effective March 12, 2003, 28 TexReg 2082; amended to be effective September 7, 2008, 33 TexReg 7242; amended to be effective September 9, 2012, 37 TexReg 6917;amendedtobe effective December 5, 2012, 37 TexReg 9513; amended to be effective March 19, 2017, 42 TexReg 1127; amended to be effective September 6, 2017, TexReg 4467." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137985", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "E", "label": "CLINIC PHARMACY (CLASS D)" }, "rule": { "number": "§291.94", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202024", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Maintenance of records.(1) Every inventory or other record required to be kept under the provisions of §291.91 of this title (relating to Definitions), §291.92 of this title (relating to Personnel), §291.93 of this title (relating to Operational Standards), and §291.94 of this title (relating to Records), contained in Clinic Pharmacy (Class D) shall be:(A) kept by the pharmacy and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in a mutually agreeable electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(2) Records, except when specifically required to be maintained in original or hard-copy form, may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:(A) the records maintained in the alternative system contain all of the information required on the manual record; and(B) the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(3) Invoices and records of receipt may be kept at a location other than the pharmacy. Any such records not kept at the pharmacy shall be supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy.(b) On-site visits. A record of on-site visits by the pharmacist-in-charge, consultant pharmacist, or staff pharmacist shall be maintained and include the following information:(1) date of the visit;(2) pharmacist's evaluation of findings; and(3) signature of the visiting pharmacist.(c) Prepackaging. Records of prepackaging shall include the following:(1) name, strength, and dosage form of drug;(2) name of the manufacturer;(3) manufacturer's lot number;(4) expiration date;(5) facility's lot number;(6) quantity per package and number of packages;(7) date packaged;(8) name(s), signatures, or electronic signatures of the supportive personnel who prepackages the drug under direct supervision of a pharmacist; and(9) name, signature, or electronic signature of the pharmacist who prepackages the drug or supervises the prepackaging and checks and releases the drug.(d) Labeling. Records of labeling of drugs or devices in original manufacturer's containers shall include the following:(1) name and strength of the drug or device labeled;(2) name of the manufacturer;(3) manufacturer's lot number;(4) manufacturer's expiration date;(5) quantity per package and number of packages;(6) date labeled;(7) name of the supportive personnel affixing the label; and(8) the signature of the pharmacist who checks and releases the drug.(e) Provision. Records of drugs and/or devices provided shall include logs, patient records, or other acceptable methods for documentation. Documentation shall include:(1) patient name;(2) name, signature, or electronic signature of the person who provides the drug or device;(3) date provided; and(4) the name of the drug or device and quantity provided.(f) Dispensing. Record-keeping requirements for dangerous drugs dispensed by a pharmacist are the same as for a Class A pharmacy as set out in §291.34 of this title (relating to Records).", "sourceNote": "Source Note: The provisions of this §291.94 adopted to be effective January 7, 1987, 11 TexReg 5128; amended to be effective September 7, 2008, 33 TexReg 7242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202024", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "F", "label": "NON-RESIDENT PHARMACY (CLASS E)" }, "rule": { "number": "§291.101", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225223", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of these rules is to provide standards for the operation of non-resident pharmacies (Class E) which:(1) dispense a prescription drug or device under a prescription drug order and deliver the drug or device to a patient in this state, by the United States mail, a common carrier, or a delivery service;(2) process a prescription drug order for a patient, including a patient in this state; or(3) perform another pharmaceutical service defined by board rule.(b) These rules are in accordance with §554.051(a) and (b) of the Act which permit the board to make rules concerning the operation of licensed pharmacies in this state applicable to pharmacies licensed by the board that are located in another state. The board has determined that these rules are necessary to protect the health and welfare of the citizens of this state.(c) Unless compliance would violate the pharmacy or drug laws or rules in the state in which the pharmacy is located, Class E Pharmacies are required to comply with the provisions of §§291.101 - 291.105 of this chapter (relating to Purpose, Definitions, Personnel, Operational Standards, and Records).", "sourceNote": "Source Note: The provisions of this §291.101 adopted to be effective September 1, 2000, 25 TexReg 2617; amended to be effective December 10, 2020, 45 TexReg 8864." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225223", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "F", "label": "NON-RESIDENT PHARMACY (CLASS E)" }, "rule": { "number": "§291.102", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175025", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Pharmacy Act, Chapters 551 - 569, Occupations Code, as amended.(2) Accurately as prescribed--Dispensing, delivering, and/or distributing a prescription drug order:(A) to the correct patient (or agent of the patient) for whom the drug or device was prescribed;(B) with the correct drug in the correct strength, quantity, and dosage form ordered by the practitioner; and(C) with correct labeling (including directions for use) as ordered by the practitioner. Provided, however, that nothing herein shall prohibit pharmacist substitution if substitution is conducted in strict accordance with applicable laws and rules, including Subchapter A of Chapter 562 of the Texas Pharmacy Act relating to Prescription and Substitution Requirements.(3) Board--The Texas State Board of Pharmacy.(4) Class E pharmacy license or non-resident pharmacy license--a license issued to a pharmacy located in another state whose primary business is to:(A) dispense a prescription drug or device under a prescription drug order and to deliver the drug or device to a patient, including a patient in this state, by the United States mail, common carrier, or delivery service;(B) process a prescription drug order for a patient, including a patient in this state; or(C) perform another pharmaceutical service defined by board rule.(5) Confidential Record--Any health related record, including a patient medication record, prescription drug order, or medication order that:(A) contains information that identifies an individual; and(B) is maintained by a pharmacy or pharmacist.(6) Deliver or delivery--The actual, constructive, or attempted transfer of a prescription drug or device or controlled substance from one person to another, whether or not for a consideration. (7) Dispense--Preparing, packaging, compounding, or labeling, in the course of professional practice, a prescription drug or device for delivery to an ultimate user or the user's agent under a practitioner's lawful order.(8) Distribute--To deliver a prescription drug or device other than by administering or dispensing.(9) Generically equivalent--A drug that is \"pharmaceutically equivalent\" and \"therapeutically equivalent\" to the drug prescribed.(10) New prescription drug order--A prescription drug order that:(A) has not been dispensed to the patient in the same strength and dosage form by this pharmacy within the last year;(B) is transferred from another pharmacy; and/or(C) is a discharge prescription drug order. (Note: furlough prescription drug orders are not considered new prescription drug orders.)(11) Pharmaceutically equivalent--Drug products which have identical amounts of the same active chemical ingredients in the same dosage form and which meet the identical compendial or other applicable standards of strength, quality, and purity according to the United States Pharmacopoeia or other nationally recognized compendium. (12) Pharmacist--For the purpose of this subchapter, a person licensed to practice pharmacy in the state where the Class E pharmacy is located.(13) Pharmacist-in-charge--The pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for a pharmacy's compliance with statutes and rules pertaining to the practice of pharmacy.(14) Practitioner--(A) a person licensed or registered to prescribe, distribute, administer, or dispense a prescription drug or device in the course of professional practice in this state, including a physician, dentist, podiatrist, or veterinarian but excluding a person licensed under the Act;(B) a person licensed by another state, Canada, or the United Mexican States in a health field in which, under the law of this state, a license holder in this state may legally prescribe a dangerous drug; or(C) a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current federal Drug Enforcement Administration registration number and who may legally prescribe a Schedule II, III, IV, or V controlled substance, as specified under Chapter 481, Health and Safety Code, in that other state.(15) Prescription drug order--an order from a practitioner or a practitioner's designated agent to a pharmacist for a drug or device to be dispensed.(16) Therapeutically equivalent--Pharmaceutically equivalent drug products which, when administered in the same amounts, will provide the same therapeutic effect, identical in duration and intensity.", "sourceNote": "Source Note: The provisions of this §291.102 adopted\r\nto be effective September 1, 2000, 25 TexReg 2617; amended to be effective\r\nDecember 10, 2020, 45 TexReg 8864; amended to be effective May 28,\r\n2025, 50 TexReg 3127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175025", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "F", "label": "NON-RESIDENT PHARMACY (CLASS E)" }, "rule": { "number": "§291.103", "label": "Personnel" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227668", "queryAsDate": "03/11/2026" }, "ruleBody": "As specified in §562.101(f) of the Act (relating to Supervision of Pharmacy), a Class E pharmacy shall be under the continuous on-site supervision of a pharmacist and shall designate one pharmacist licensed to practice pharmacy by the regulatory or licensing agency of the state in which the Class E pharmacy is located and effective September 1, 2016, is licensed as a pharmacist in Texas to serve as the pharmacist-in-charge of the Class E pharmacy license.", "sourceNote": "Source Note: The provisions of this §291.103 adopted to be effective September 1, 2000, 25 TexReg 2617; amended to be effective December 6, 2015, 40 TexReg 8779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227668", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "F", "label": "NON-RESIDENT PHARMACY (CLASS E)" }, "rule": { "number": "§291.104", "label": "Operational Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164821", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensing requirements.(1) A Class E pharmacy shall register with the board on a pharmacy license application provided by the board, following the procedures specified in §291.1 of this title (relating to Pharmacy License Application).(2) On initial application, the pharmacy shall follow the procedures specified in §291.1 of this title and then provide the following additional information specified in §560.052(c) and (f) of the Act (relating to Qualifications):(A) evidence that the applicant holds a pharmacy license, registration, or permit issued by the state in which the pharmacy is located;(B) the name of the owner and pharmacist-in-charge of the pharmacy for service of process;(C) evidence of the applicant's ability to provide to the board a record of a prescription drug order dispensed by the applicant to a resident of this state not later than 72 hours after the time the board requests the record;(D) an affidavit by the pharmacist-in-charge which states that the pharmacist has read and understands the laws and rules relating to a Class E pharmacy;(E) proof of creditworthiness; and(F) an inspection report issued not more than two years before the date the license application is received and conducted by the pharmacy licensing board in the state of the pharmacy's physical location.(i) A Class E pharmacy may submit an inspection report issued by an entity other than the pharmacy licensing board of the state in which the pharmacy is physically located if the state's licensing board does not conduct inspections as follows:(I) an individual approved by the board who is not employed by the pharmacy but acting as a consultant to inspect the pharmacy;(II) an agent of the National Association of Boards of Pharmacy;(III) an agent of another State Board of Pharmacy; or(IV) an agent of an accrediting body, such as the Joint Commission on Accreditation of Healthcare Organizations.(ii) The inspection must be substantively equivalent to an inspection conducted by the board.(3) On renewal of a license, the pharmacy shall complete the renewal application provided by the board and, as specified in §561.0031 of the Act, provide an inspection report issued not more than three years before the date the renewal application is received and conducted by the pharmacy licensing board in the state of the pharmacy's physical location.(A) A Class E pharmacy may submit an inspection report issued by an entity other than the pharmacy licensing board of the state in which the pharmacy is physically located if the state's licensing board does not conduct inspections as follows:(i) an individual approved by the board who is not employed by the pharmacy but acting as a consultant to inspect the pharmacy;(ii) an agent of the National Association of Boards of Pharmacy;(iii) an agent of another State Board of Pharmacy; or(iv) an agent of an accrediting body, such as the Joint Commission on Accreditation of Healthcare Organizations.(B) The inspection must be substantively equivalent to an inspection conducted by the board.(4) A Class E pharmacy which changes ownership shall notify the board within ten days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(5) A Class E pharmacy which changes location and/or name shall notify the board of the change as specified in §291.3 of this title.(6) A Class E pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within ten days of the change, following the procedures in §291.3 of this title.(7) A Class E pharmacy shall notify the board in writing within ten days of closing.(8) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(9) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance and renewal of a license and the issuance of an amended license.(10) The board may grant an exemption from the licensing requirements of this Act on the application of a pharmacy located in a state of the United States other than this state that restricts its dispensing of prescription drugs or devices to residents of this state to isolated transactions.(11) A Class E pharmacy engaged in the centralized dispensing of prescription drug or medication orders or outsourcing of prescription drug order dispensing to a central fill pharmacy shall comply with the provisions of §291.125 of this title (relating to Centralized Prescription Dispensing).(12) A Class E pharmacy engaged in central processing of prescription drug or medication orders shall comply with the provisions of §291.123 of this title (relating to Central Prescription or Medication Order Processing).(13) A Class E pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations). (14) Class E pharmacy personnel shall not compound sterile preparations unless the pharmacy has applied for and obtained a Class E-S pharmacy license.(15) A Class E pharmacy, which operates as a community type of pharmacy which would otherwise be required to be licensed under the Act §560.051(a)(1) (Community Pharmacy (Class A)), shall comply with the provisions of §291.31 of this title (relating to Definitions), §291.32 of this title (relating to Personnel), §291.33 of this title (relating to Operational Standards), §291.34 of this title (relating to Records), and §291.35 of this title (relating to Official Prescription Requirements), contained in Community Pharmacy (Class A); or which operates as a nuclear type of pharmacy which would otherwise be required to be licensed under the Act §560.051(a)(2) (Nuclear Pharmacy (Class B)), shall comply with the provisions of §291.51 of this title (relating to Purpose), §291.52 of this title (relating to Definitions), §291.53 of this title (relating to Personnel), §291.54 of this title (relating to Operational Standards), and §291.55 of this title (relating to Records), contained in Nuclear Pharmacy (Class B), to the extent such sections are applicable to the operation of the pharmacy.(b) Prescription dispensing and delivery.(1) General.(A) All prescription drugs and/or devices shall be dispensed and delivered safely and accurately as prescribed.(B) The pharmacy shall maintain adequate storage or shipment containers and use shipping processes to ensure drug stability and potency. Such shipping processes shall include the use of packaging material and devices to ensure that the drug is maintained at an appropriate temperature range to maintain the integrity of the medication throughout the delivery process.(C) The pharmacy shall utilize a delivery system which is designed to assure that the drugs are delivered to the appropriate patient.(D) All pharmacists shall exercise sound professional judgment with respect to the accuracy and authenticity of any prescription drug order they dispense. If the pharmacist questions the accuracy or authenticity of a prescription drug order, he/she shall verify the order with the practitioner prior to dispensing.(E) Prior to dispensing a prescription, pharmacists shall determine, in the exercise of sound professional judgment, that the prescription is a valid prescription. A pharmacist may not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued on the basis of an Internet-based or telephonic consultation without a valid patient-practitioner relationship.(F) Subparagraph (E) of this paragraph does not prohibit a pharmacist from dispensing a prescription when a valid patient-practitioner relationship is not present in an emergency situation (e.g. a practitioner taking calls for the patient's regular practitioner).(2) Drug regimen review.(A) For the purpose of promoting therapeutic appropriateness, a pharmacist shall, prior to or at the time of dispensing a prescription drug order, review the patient's medication record. Such review shall at a minimum identify clinically significant:(i) inappropriate drug utilization;(ii) therapeutic duplication;(iii) drug-disease contraindications;(iv) drug-drug interactions;(v) incorrect drug dosage or duration of drug treatment;(vi) drug-allergy interactions; and(vii) clinical abuse/misuse.(B) Upon identifying any clinically significant conditions, situations, or items listed in subparagraph (A) of this paragraph, the pharmacist shall take appropriate steps to avoid or resolve the problem including consultation with the prescribing practitioner. The pharmacist shall document such occurrences.(3) Patient counseling and provision of drug information.(A) To optimize drug therapy, a pharmacist shall communicate to the patient or the patient's agent information about the prescription drug or device which in the exercise of the pharmacist's professional judgment the pharmacist deems significant, such as the following:(i) the name and description of the drug or device;(ii) dosage form, dosage, route of administration, and duration of drug therapy;(iii) special directions and precautions for preparation, administration, and use by the patient;(iv) common severe side or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance and the action required if they occur;(v) techniques for self-monitoring of drug therapy;(vi) proper storage;(vii) refill information; and(viii) action to be taken in the event of a missed dose.(B) Such communication shall be:(i) provided to new and existing patients of a pharmacy with each new prescription drug order. A new prescription drug order is one that has not been dispensed by the pharmacy to the patient in the same dosage and strength within the last year;(ii) provided for any prescription drug order dispensed by the pharmacy on the request of the patient or patient's agent;(iii) communicated orally in person unless the patient or patient's agent is not at the pharmacy or a specific communication barrier prohibits such oral communication; and(iv) reinforced with written information. The following is applicable concerning this written information:(I) Written information must be in plain language designed for the patient and printed in an easily readable font comparable to but no smaller than ten-point Times Roman. This information may be provided to the patient in an electronic format, such as by e-mail, unless the patient or patient's agent requests the information in a hard-copy format.(II) When a compounded product is dispensed, information shall be provided for the major active ingredient(s), if available.(III) For new drug entities, if no written information is initially available, the pharmacist is not required to provide information until such information is available, provided:(-a-) the pharmacist informs the patient or the patient's agent that the product is a new drug entity and written information is not available;(-b-) the pharmacist documents the fact that no written information was provided; and(-c-) if the prescription is refilled after written information is available, such information is provided to the patient or patient's agent.(IV) The written information accompanying the prescription or the prescription label shall contain the statement \"Do not flush unused medications or pour down a sink or drain.\" A drug product on a list developed by the Federal Food and Drug Administration of medicines recommended for disposal by flushing is not required to bear this statement.(C) Only a pharmacist may orally provide drug information to a patient or patient's agent and answer questions concerning prescription drugs. Non-pharmacist personnel may not ask questions of a patient or patient's agent which are intended to screen and/or limit interaction with the pharmacist.(D) If prescriptions are routinely delivered outside the area covered by the pharmacy's local telephone service, the pharmacy shall provide a toll-free telephone line which is answered during normal business hours to enable communication between the patient and a pharmacist.(E) The pharmacist shall place on the prescription container or on a separate sheet delivered with the prescription container in both English and Spanish the local and toll-free telephone number of the pharmacy and the statement: \"Written information about this prescription has been provided for you. Please read this information before you take the medication. If you have questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions at (insert the pharmacy's local and toll-free telephone numbers).\"(F) The provisions of this paragraph do not apply to patients in facilities where drugs are administered to patients by a person required to do so by the laws of the state (i.e., nursing homes).(G) Upon delivery of a refill prescription, a pharmacist shall ensure that the patient or patient's agent is offered information about the refilled prescription and that a pharmacist is available to discuss the patient's prescription and provide information.(H) Nothing in this subparagraph shall be construed as requiring a pharmacist to provide consultation when a patient or patient's agent refuses such consultation. The pharmacist shall document such refusal for consultation.(4) Labeling. At the time of delivery, the dispensing container shall bear a label that contains the following information:(A) the name, physical address, and phone number of the pharmacy;(B) if the drug is dispensed in a container other than the manufacturer's original container, the date after which the prescription should not be used or beyond-use-date. Unless otherwise specified by the manufacturer, the beyond-use-date shall be one year from the date the drug is dispensed or the manufacturer's expiration date, whichever is earlier. The beyond-use-date may be placed on the prescription label or on a flag label attached to the bottle. A beyond-use-date is not required on the label of a prescription dispensed to a person at the time of release from prison or jail if the prescription is for not more than a 10-day supply of medication;(C) either on the prescription label or the written information accompanying the prescription, the statement, \"Do not flush unused medications or pour down a sink or drain.\" A drug product on a list developed by the Federal Food and Drug Administration of medicines recommended for disposal by flushing is not required to bear this statement; and(D) any other information that is required by the pharmacy or drug laws or rules in the state in which the pharmacy is located.(c) Substitution requirements.(1) Unless compliance would violate the pharmacy or drug laws or rules in the state in which the pharmacy is located a pharmacist in a Class E pharmacy may dispense a generically equivalent drug or interchangeable biological product and shall comply with the provisions of §309.3 of this title (relating to Substitution Requirements) and §309.7 of this title (relating to Dispensing Responsibilities).(2) The pharmacy must include on the prescription order form completed by the patient or the patient's agent information that clearly and conspicuously:(A) states that if a less expensive generically equivalent drug or interchangeable biological product is available for the brand prescribed, the patient or the patient's agent may choose between the generically equivalent drug or interchangeable biological product and the brand prescribed; and(B) allows the patient or the patient's agent to indicate the choice of the generically equivalent drug or interchangeable biological product or the brand prescribed.(d) Therapeutic Drug Interchange. A switch to a drug providing a similar therapeutic response to the one prescribed shall not be made without prior approval of the prescribing practitioner. This subsection does not apply to generic substitution. For generic substitution, see the requirements of subsection (c) of this section.(1) The patient shall be notified of the therapeutic drug interchange prior to, or upon delivery of, the dispensed prescription to the patient. Such notification shall include:(A) a description of the change;(B) the reason for the change;(C) whom to notify with questions concerning the change; and(D) instructions for return of the drug if not wanted by the patient.(2) The pharmacy shall maintain documentation of patient notification of therapeutic drug interchange which shall include:(A) the date of the notification;(B) the method of notification;(C) a description of the change; and(D) the reason for the change.(e) Transfer of Prescription Drug Order Information. Unless compliance would violate the pharmacy or drug laws or rules in the state in which the pharmacy is located, a pharmacist in a Class E pharmacy may not refuse to transfer prescriptions to another pharmacy that is making the transfer request on behalf of the patient. The transfer of original prescription information must be done within four business hours of the request.(f) Prescriptions for Schedules II - V controlled substances. Unless compliance would violate the pharmacy or drug laws or rules in the state in which the pharmacy is located, a pharmacist in a Class E pharmacy who dispenses a prescription for a Schedules II - V controlled substance for a resident of Texas shall electronically send the prescription information to the Texas State Board of Pharmacy as specified in §315.6 of this title (relating to Pharmacy Responsibility - Electronic Reporting) not later than the next business day after the prescription is dispensed.", "sourceNote": "Source Note: The provisions of this §291.104 adopted to\r\nbe effective September 1, 2000, 25 TexReg 2617; amended to be effective\r\nDecember 15, 2002, 27 TexReg 11541; amended to be effective June 23,\r\n2003, 28 TexReg 4638; amended to be effective June 6, 2004, 29 TexReg\r\n5397; amended to be effective June 12, 2005, 30 TexReg 3209; amended\r\nto be effective March 6, 2006, 31 TexReg 1441; amended to be effective\r\nSeptember 18, 2007, 32 TexReg 6348; amended to be effective June 8,\r\n2008, 33 TexReg 4307; amended to be effective December 6, 2009, 34\r\nTexReg 8703; amended to be effective May 30, 2010, 35 TexReg 4178;\r\namended to be effective September 12, 2011, 36 TexReg 5847; amended\r\ntobe effective December 5, 2012, 37 TexReg 9514; amended to be effective\r\nDecember 10, 2013, 38 TexReg 8866; amended to be effective June 11,\r\n2015, 40 TexReg 3646; amended to be effective December 6, 2015, 40\r\nTexReg 8779; amended to be effective September 11, 2016, 41 TexReg\r\n6717; amended to be effective December 6, 2018, 43 TexReg 7784; amended\r\nto be effective August 24, 2022, 47 TexReg 4977; amended to be effective\r\nMarch 7, 2023, 48 TexReg 1296; amended to be effective March 1, 2026, 51\r\nTexReg 1133." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164821&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164821", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "F", "label": "NON-RESIDENT PHARMACY (CLASS E)" }, "rule": { "number": "§291.105", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183160", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Maintenance of records.(1) Every record required to be kept under this section shall be:(A) kept by the pharmacy and be available, for at least two years from the date of such record, for inspecting and copying by the board or its representative, and other authorized local, state, or federal law enforcement agencies; and(B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in a mutually agreeable electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(2) Records, except when specifically required to be maintained in original or hard-copy form, may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided;(A) the records maintained in the alternative system contain all of the information required on the manual record; and(B) the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(b) Auto-Refill Programs. A pharmacy may use a program that automatically refills prescriptions that have existing refills available in order to improve patient compliance with and adherence to prescribed medication therapy. The following is applicable in order to enroll patients into an auto-refill program.(1) Notice of the availability of an auto-refill program shall be given to the patient or patient's agent, and the patient or patient's agent must affirmatively indicate that they wish to enroll in such a program and the pharmacy shall document such indication.(2) The patients or patient's agent shall have the option to withdraw from such a program at any time.(3) Auto-refill programs may be used for refills of dangerous drugs, and schedule IV and V controlled substances. Schedule II and III controlled substances may not be dispensed by an auto-refill program.(4) As is required for all prescriptions, a drug regimen review shall be completed on all prescriptions filled as a result of the auto-refill program. Special attention shall be noted for drug regimen review warnings of duplication of therapy and all such conflicts shall be resolved with the prescribing practitioner prior to refilling the prescription.(c) Civil litigation and complaint records. A Class E pharmacy shall keep a permanent record of:(1) any civil litigation commenced against the pharmacy by a Texas resident; and(2) complaints that arise out of a prescription for a Texas resident lost during delivery.", "sourceNote": "Source Note: The provisions of this §291.105 adopted to be effective September 1, 2000, 25 TexReg 2617; amended to be effective June 6, 2004, 29 TexReg 5397; amended to be effective December 3, 2006, 31 TexReg 9611; amended to be effective September 18, 2007, 32 TexReg 6348; amended to be effective December 10, 2013, 38 TexReg 8866." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183160&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183160", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "F", "label": "NON-RESIDENT PHARMACY (CLASS E)" }, "rule": { "number": "§291.106", "label": "Pharmacies Compounding Sterile Preparations (Class E-S)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226925", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensing requirements. A non-resident pharmacy engaged in the compounding of sterile preparations shall be licensed as a Class E-S pharmacy.(1) A Class E-S pharmacy shall register with the board on a pharmacy license application provided by the board, following the procedures specified in §291.1 of this title (relating to Pharmacy License Application).(2) A Class E-S license may not be issued unless the pharmacy has been inspected by the board or its designee to ensure the pharmacy meets the requirements as specified in §291.133 of this title (relating to Pharmacies Compounding Sterile Preparations). A Class E-S pharmacy shall reimburse the board for all expenses, including travel, related to the inspection of the Class E-S pharmacy.(3) On initial application, the pharmacy shall follow the procedures specified in §291.1 of this title and then provide the following additional information specified in §560.052(c) and (f) of the Act (relating to Qualifications):(A) evidence that the applicant holds a pharmacy license, registration, or permit issued by the state in which the pharmacy is located;(B) the name of the owner and pharmacist-in-charge of the pharmacy for service of process;(C) evidence of the applicant's ability to provide to the board a record of a prescription drug order dispensed by the applicant to a resident of this state not later than 72 hours after the time the board requests the record;(D) an affidavit by the pharmacist-in-charge which states that the pharmacist has read and understands the laws and rules relating to a Class E pharmacy; and(E) proof of creditworthiness.(4) A Class E-S pharmacy may not renew a pharmacy license unless the pharmacy has been inspected by the board or its designee within the last renewal period.(5) A Class E-S pharmacy which changes ownership shall notify the board within ten days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(6) A Class E-S pharmacy which changes location and/or name shall notify the board as specified in §291.3 of this title.(7) A Class E-S pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within ten days of the change, as specified in §291.3 of this title.(8) A Class E-S pharmacy shall notify the board in writing within ten days of closing.(9) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(10) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for the issuance and renewal of a license and the issuance of an amended license.(11) The board may grant an exemption from the licensing requirements of this Act on the application of a pharmacy located in a state of the United States other than this state that restricts its dispensing of prescription drugs or devices to residents of this state to isolated transactions.(12) A Class E-S pharmacy engaged in the centralized dispensing of prescription drug or medication orders shall comply with the provisions of §291.125 of this title (relating to Centralized Prescription Dispensing).(13) A Class E-S pharmacy engaged in central processing of prescription drug or medication orders shall comply with the provisions of §291.123 of this title (relating to Central Prescription or Medication Order Processing).(14) A Class E-S pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations).(15) A Class E-S pharmacy engaged in the compounding of sterile preparations shall comply with the provisions of §291.133 of this title.(16) A Class E-S pharmacy which would otherwise be required to be licensed under the Act, §560.051(a)(5) concerning Non-Resident Pharmacy (Class E) is required to comply with the provisions of §291.101 of this title (relating to Purpose), §291.102 of this title (relating to Definitions), §291.103 of this title (relating to Personnel), §291.104 of this title (relating to Operational Standards) and §291.105 of this title (relating to Records).", "sourceNote": "Source Note: The provisions of this §291.106 adopted to be effective December 10, 2013, 38 TexReg 8866; amended to be effective June 11, 2015, 40 TexReg 3646; amended to be effective March 19, 2017, 42 TexReg 1127." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226925", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "G", "label": "SERVICES PROVIDED BY PHARMACIES" }, "rule": { "number": "§291.120", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215697", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This subchapter applies to all classes of pharmacies except as otherwise noted.(b) Definitions.(1) The Texas Pharmacy Act or Act--Subtitle J, other than Chapter 567, Occupations Code, as amended.(2) Board--The Texas State Board of Pharmacy.(3) Common ownership--Two or more pharmacies with an identical owner of record with the board or that have owners of record with the board that are a parent, subsidiary, or affiliate of one another under §1.002, Business Organizations Code.(4) Owner of record--The direct owner of the pharmacy provided on the pharmacy's application for a pharmacy license or most recent approved change of ownership form.", "sourceNote": "Source Note: The provisions of this §291.120 adopted\r\nto be effective September 18, 2007, 32 TexReg 6352; amended to be\r\neffective November 30, 2025, 50 TexReg 7727." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215697", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "G", "label": "SERVICES PROVIDED BY PHARMACIES" }, "rule": { "number": "§291.121", "label": "Remote Pharmacy Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195574", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Remote pharmacy services using automated pharmacy systems.(1) Purpose. The purpose of this section is to provide standards for the provision of pharmacy services by a Class A or Class C pharmacy in a facility that is not at the same location as the Class A or Class C pharmacy through an automated pharmacy system as outlined in §562.109 of the Texas Pharmacy Act.(2) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings defined in the Act.(A) Automated pharmacy system--A mechanical system that dispenses prescription drugs and maintains related transaction information.(B) Prepackaging--The act of repackaging and relabeling quantities of drug products from a manufacturer's original commercial container, or quantities of unit dosed drugs, into another cartridge or container for dispensing by a pharmacist using an automated pharmacy system.(C) Provider pharmacy--The community pharmacy (Class A) or the institutional pharmacy (Class C) providing remote pharmacy services.(D) Remote pharmacy service--The provision of pharmacy services, including the storage and dispensing of prescription drugs, in remote sites.(E) Remote site--A facility not located at the same location as a Class A or Class C pharmacy, at which remote pharmacy services are provided using an automated pharmacy dispensing system.(F) Unit dose--An amount of a drug packaged in a dosage form ready for administration to a particular patient, by the prescribed route at the prescribed time, and properly labeled with name, strength, and expiration date of the drug.(3) General requirements.(A) A provider pharmacy may provide remote pharmacy services using an automated pharmacy system to a jail or prison operated by or for the State of Texas, a jail or prison operated by local government or a healthcare facility regulated under Chapter 142, 241, 242, 247, 252, 464, 534, or 577, Health and Safety Code, provided drugs are administered by a licensed healthcare professional working in the jail, prison, or healthcare facility.(B) A provider pharmacy may provide remote pharmacy services at more than one remote site.(C) Before providing remote pharmacy services, the automated pharmacy system at the remote site must be tested by the provider pharmacy and found to dispense accurately. The provider pharmacy shall make the results of such testing available to the board upon request.(D) A provider pharmacy which is licensed as an institutional (Class C) pharmacy is required to comply with the provisions of §§291.31 - 291.34 of this title (relating to Definitions, Personnel, Operational Standards, and Records, respectively) and this section.(E) The pharmacist-in-charge of the provider pharmacy is responsible for all pharmacy operations involving the automated pharmacy system located at the remote site including supervision of the automated pharmacy system and compliance with this section.(F) A pharmacist from the provider pharmacy shall be accessible at all times to respond to patients' or other health professionals' questions and needs pertaining to drugs dispensed through the use of the automated pharmacy system. Such access may be through a 24 hour pager service or telephone which is answered 24 hours a day.(4) Operational standards.(A) Application for permission to provide pharmacy services using an automated pharmacy system.(i) A Class A or Class C Pharmacy shall file a completed application containing all information required by the board to provide remote pharmacy services using an automated pharmacy system and pay the application fee specified in §291.6(e)(1) of this title (relating to Pharmacy License Fees).(ii) Such application shall be resubmitted every two years in conjunction with the application for renewal of the provider pharmacy's license.(iii) Upon approval of the application, the provider pharmacy will be issued a certificate which must be displayed at the remote site.(B) Notification requirements.(i) A provider pharmacy shall notify the board in writing within ten days of a discontinuance of service, or closure of:(I) a remote site where an automated pharmacy system is operated by the pharmacy; or(II) a remote pharmacy service at a remote site.(ii) A provider pharmacy shall comply with appropriate federal and state controlled substance registrations for each remote site if controlled substances are maintained within an automated pharmacy system at the facility.(iii) A provider pharmacy shall file a change of location and/or name of a remote site as specified in §291.3 of this title (relating to Notifications).(C) Environment/Security.(i) A provider pharmacy shall only store drugs at a remote site within an automated pharmacy system which is locked by key, combination or other mechanical or electronic means so as to prohibit access by unauthorized personnel.(ii) An automated pharmacy system shall be under the continuous supervision of a provider pharmacy pharmacist. To qualify as continuous supervision, the pharmacist is not required to be physically present at the site of the automated pharmacy system if the system is supervised electronically by a pharmacist.(iii) Automated pharmacy systems shall have adequate security and procedures to:(I) comply with federal and state laws and regulations; and(II) maintain patient confidentiality.(iv) Access to the automated pharmacy system shall be limited to pharmacists or personnel who:(I) are designated in writing by the pharmacist-in-charge; and(II) have completed documented training concerning their duties associated with the automated pharmacy system.(v) Drugs shall be stored in compliance with the provisions of §291.15 of this title (relating to Storage of Drugs) and §291.33(f)(2) of this title including the requirements for temperature and handling of outdated drugs.(D) Prescription dispensing and delivery.(i) Drugs shall only be dispensed at a remote site through an automated pharmacy system after receipt of an original prescription drug order by a pharmacist at the provider pharmacy in a manner authorized by §291.34(b) of this title.(ii) A pharmacist at the provider pharmacy shall control all operations of the automated pharmacy system and approve the release of the initial dose of a prescription drug order. Subsequent doses from an approved prescription drug order may be removed from the automated medication system after this initial approval. Any change made in the prescription drug order shall require a new approval by a pharmacist to release the drug.(iii) A pharmacist at the provider pharmacy shall conduct a drug regimen review as specified in §291.33(c) of this title prior to releasing a prescription drug order to the automated pharmacy system.(iv) Drugs dispensed by the provider pharmacy through an automated pharmacy system shall comply with the labeling or labeling alternatives specified in §291.33(c) of this title.(v) An automated pharmacy system used to meet the emergency medication needs for residents of a remote site must comply with the requirements for emergency medication kits in subsection (b) of this section.(E) Drugs.(i) Drugs for use in an automated pharmacy system shall be packaged in the original manufacturer's container or be prepackaged in the provider pharmacy and labeled in compliance with the board's prepackaging requirements for the class of pharmacy.(ii) Drugs dispensed from the automated pharmacy system may be returned to the pharmacy for reuse provided the drugs are in sealed, tamper evident packaging which has not been opened.(F) Stocking an automated pharmacy system.(i) Stocking of drugs in an automated pharmacy system shall be completed by a pharmacist, pharmacy technician, or pharmacy technician trainee under the direct supervision of a pharmacist, except as provided in clause (ii) of this subparagraph.(ii) If the automated pharmacy system uses removable cartridges or containers to hold drugs, the prepackaging of the cartridges or containers shall occur at the provider pharmacy unless provided by an FDA approved repackager. The prepackaged cartridges or containers may be sent to the remote site to be loaded into the machine by personnel designated by the pharmacist-in-charge provided:(I) a pharmacist verifies the cartridge or container has been properly filled and labeled;(II) the individual cartridges or containers are transported to the remote site in a secure, tamper-evident container; and(III) the automated pharmacy system uses bar-coding, microchip, or other technologies to ensure that the containers are accurately loaded in the automated pharmacy system.(iii) All drugs to be stocked in the automated pharmacy system shall be delivered to the remote site by the provider pharmacy.(G) Quality assurance program. A pharmacy that provides pharmacy services through an automated pharmacy system at a remote site shall operate according to a written program for quality assurance of the automated pharmacy system which:(i) requires continuous supervision of the automated pharmacy system; and(ii) establishes mechanisms and procedures to routinely test the accuracy of the automated pharmacy system at a minimum of every six months and whenever any upgrade or change is made to the system and documents each such activity.(H) Policies and procedures of operation.(i) A pharmacy that provides pharmacy services through an automated pharmacy system at a remote site shall operate according to written policies and procedures. The policy and procedure manual shall include, but not be limited to, the following:(I) a current list of the name and address of the pharmacist-in-charge and personnel designated by the pharmacist-in-charge to have access to the drugs stored in the automated pharmacy system;(II) duties which may only be performed by a pharmacist;(III) a copy of the portion of the written contract or agreement between the pharmacy and the facility which outlines the services to be provided and the responsibilities and accountabilities of each party relating to the operation of the automated pharmacy system in fulfilling the terms of the contract in compliance with federal and state laws and regulations;(IV) date of last review/revision of the policy and procedure manual; and(V) policies and procedures for:(-a-) security;(-b-) operation of the automated pharmacy system;(-c-) preventative maintenance of the automated pharmacy system;(-d-) sanitation;(-e-) storage of drugs;(-f-) dispensing;(-g-) supervision;(-h-) drug procurement;(-i-) receiving of drugs;(-j-) delivery of drugs; and(-k-) recordkeeping.(ii) A pharmacy that provides pharmacy services through an automated pharmacy system at a remote site shall, at least annually, review its written policies and procedures, revise them if necessary, and document the review.(iii) A pharmacy providing remote pharmacy services using an automated pharmacy system shall maintain a written plan for recovery from an event which interrupts the ability of the automated pharmacy system to dispense prescription drugs. The written plan for recovery shall include:(I) planning and preparation for maintaining pharmacy services when an automated pharmacy system is experiencing downtime;(II) procedures for response when an automated pharmacy system is experiencing downtime; and(III) procedures for the maintenance and testing of the written plan for recovery.(5) Records.(A) Maintenance of records.(i) Every record required under this section must be:(I) kept by the provider pharmacy and be available, for at least two years for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(II) supplied by the provider pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(ii) The provider pharmacy shall maintain original prescription drug orders for drugs dispensed from an automated pharmacy system in compliance with §291.34(b) of this title.(iii) if prescription drug records are maintained in a data processing system, the system shall have a workable (electronic) data retention system which can produce a separate audit trail of drug usage by the provider pharmacy and each remote site for the preceding two years as specified in §291.34(e) of this title.(B) Prescriptions. Prescription drug orders shall meet the requirements of §291.34(b) of this title.(C) Records of dispensing. Dispensing records for a prescription drug order shall be maintained by the provider pharmacy in the manner required by §291.34(d) or (e) of this title.(D) Transaction information.(i) The automated pharmacy system shall electronically record all transactions involving drugs stored in, removed, or dispensed from the system.(ii) Records of dispensing from an automated pharmacy system for a patient shall be maintained by the providing pharmacy and include the:(I) identity of the system accessed;(II) identification of the individual accessing the system;(III) date of transaction;(IV) name, strength, dosage form, and quantity of drug accessed; and(V) name of the patient for whom the drug was accessed.(iii) Records of stocking or removal from an automated pharmacy system shall be maintained by the pharmacy and include the:(I) date;(II) name, strength, dosage form, and quantity of drug stocked or removed;(III) name, initials, or identification code of the person stocking or removing drugs from the system; and(IV) name, initials, or identification code of the pharmacist who checks and verifies that the system has been accurately filled.(E) Patient medication records. Patient medication records shall be created and maintained by the provider pharmacy in the manner required by §291.34(c) of this title.(F) Inventory.(i) A provider pharmacy shall:(I) keep a record of all drugs sent to and returned from a remote site separate from the records of the provider pharmacy and from any other remote site's records; and(II) keep a perpetual inventory of controlled substances and other drugs required to be inventoried under §291.17 of this title (relating to Inventory Requirements) that are received and dispensed or distributed from each remote site.(ii) As specified in §291.17 of this title, a provider pharmacy shall conduct an inventory at each remote site. The following is applicable to this inventory.(I) The inventory of each remote site and the provider pharmacy shall be taken on the same day.(II) The inventory of each remote site shall be included with, but listed separately from, the drugs of other remote sites and separately from the drugs of the provider pharmacy.(b) Remote pharmacy services using emergency medication kits.(1) Purpose. The purpose of this section is to provide standards for the provision of pharmacy services by a Class A or Class C pharmacy in a facility that is not at the same location as the Class A or Class C pharmacy through an emergency medication kit as outlined in §562.108 of the Texas Pharmacy Act.(2) Definitions. The following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings defined in the Act or §291.31 of this title.(A) Automated pharmacy system--A mechanical system that dispenses prescription drugs and maintains related transaction information.(B) Emergency medication kits--Controlled substances and dangerous drugs maintained by a provider pharmacy to meet the emergency medication needs of a resident:(i) at an institution licensed under Chapter 242 or 252, Health and Safety Code; or(ii) at an institution licensed under Chapter 242, Health and Safety Code and that is a veterans home as defined by the §164.002, Natural Resources Code, if the provider pharmacy is a United States Department of Veterans Affairs pharmacy or another federally operated pharmacy.(C) Prepackaging--The act of repackaging and relabeling quantities of drug products from a manufacturer's original commercial container, or quantities of unit dosed drugs, into another cartridge or container for dispensing by a pharmacist using an emergency medication kit.(D) Provider pharmacy--The community pharmacy (Class A), the institutional pharmacy (Class C), the non-resident pharmacy (Class E) located not more than 20 miles from an institution licensed under Chapter 242 or 252, Health and Safety Code, or the United States Department of Veterans Affairs pharmacy or another federally operated pharmacy providing remote pharmacy services.(E) Remote pharmacy service--The provision of pharmacy services, including the storage and dispensing of prescription drugs, in remote sites.(F) Remote site--A facility not located at the same location as a Class A, Class C, Class E pharmacy or a United States Department of Veterans Affairs pharmacy or another federally operated pharmacy, at which remote pharmacy services are provided using an emergency medication kit.(3) General requirements.(A) A provider pharmacy may provide remote pharmacy services using an emergency medication kit to an institution regulated under Chapter 242, or 252, Health and Safety Code.(B) A provider pharmacy may provide remote pharmacy services at more than one remote site.(C) A provider pharmacy shall not place an emergency medication kit in a remote site which already has a kit from another provider pharmacy except as provided by paragraph (4)(B)(iii) of this subsection.(D) A provider pharmacy which is licensed as an institutional (Class C) or a non-resident (Class E) pharmacy is required to comply with the provisions of §§291.31 - 291.34 of this title and this section.(E) The pharmacist-in-charge of the provider pharmacy is responsible for all pharmacy operations involving the emergency medication kit located at the remote site including supervision of the emergency medication kit and compliance with this section.(4) Operational standards.(A) Application for permission to provide pharmacy services using an emergency medication kit.(i) A Class A, Class C, or Class E pharmacy shall file a completed application containing all information required by the board to provide remote pharmacy services using an emergency medication kit and pay the application fee specified in §291.6(e)(2) of this title.(ii) Such application shall be resubmitted every two years in conjunction with the application for renewal of the provider pharmacy's license.(iii) Upon approval of the application, the provider pharmacy will be issued a certificate which must be displayed at the remote site.(B) Notification requirements.(i) A provider pharmacy shall notify the board in writing within ten days of a discontinuance of service, or closure of:(I) a remote site where an emergency medication kit is operated by the pharmacy; or(II) a remote pharmacy service at a remote site.(ii) A provider pharmacy shall comply with appropriate federal and state controlled substance registrations for each remote site if controlled substances are maintained within an emergency medication kit at the facility.(iii) If more than one provider pharmacy provides an emergency kit to a remote site, the provider pharmacies must enter into a written agreement as to the emergency medications supplied by each pharmacy. The written agreement shall include reasons why an additional pharmacy is required to meet the emergency medication needs of the residents of the institution.(iv) A provider pharmacy shall file a change of location and/or name of a remote site as specified in §291.3 of this title.(C) Environment/Security.(i) Emergency medication kits shall have adequate security and procedures to:(I) prohibit unauthorized access;(II) comply with federal and state laws and regulations; and(III) maintain patient confidentiality.(ii) Access to the emergency medication kit shall be limited to pharmacists and licensed healthcare personnel employed by the facility.(iii) Drugs shall be stored in compliance with the provisions of §291.15 and §291.33(f)(2) of this title including the requirements for temperature and handling outdated drugs.(D) Prescription dispensing and delivery.(i) Drugs in the emergency medication kit shall be accessed for administration to meet the emergency medication needs of a resident of the remote site pursuant to an order from a practitioner. The prescription drug order for the drugs used from the emergency medication kit shall be forwarded to the provider pharmacy in a manner authorized by §291.34(b) of this title.(ii) The remote site shall notify the provider pharmacy of each entry into an emergency medication kit. Such notification shall meet the requirements of paragraph (5)(D)(ii) of this subsection.(E) Drugs.(i) The contents of an emergency medication kit:(I) may consist of dangerous drugs and controlled substances; and(II) shall be determined by the consultant pharmacist, pharmacist-in-charge of the provider pharmacy, medical director, and the director of nurses and limited to those drugs necessary to meet the resident's emergency medication needs. For the purpose of this subsection, this shall mean a situation in which a drug cannot be supplied by a pharmacy within a reasonable time period.(ii) When deciding on the drugs to be placed in the emergency medication kit, the consultant pharmacist, pharmacist-in-charge of the provider pharmacy, medical director, and the director of nurses must determine, select, and record a prudent number of drugs for potential emergency incidents based on:(I) clinical criteria applicable to each facility's demographics;(II) the facility's census; and(III) the facility's healthcare environment.(iii) A current list of the drugs stored in each remote site's emergency medication kit shall be maintained by the provider pharmacy and a copy kept with the emergency medication kit.(iv) An automated pharmacy system may be used as an emergency medication kit provided the system limits emergency access to only those drugs approved for the emergency medication kit.(v) Drugs for use in an emergency medication kit shall be packaged in the original manufacturer's container or prepackaged in the provider pharmacy and labeled in compliance with the board's prepackaging requirements for the class of pharmacy.(F) Stocking emergency medication kits.(i) Stocking of drugs in an emergency medication kit shall be completed at the provider pharmacy or remote site by a pharmacist, pharmacy technician, or pharmacy technician trainee under the direct supervision of a pharmacist, except as provided in clause (ii) of this subparagraph.(ii) If the emergency medication kit is an automated pharmacy system which uses bar-coding, microchip, or other technologies to ensure that the containers or unit dose drugs are accurately loaded, the prepackaging of the containers or unit dose drugs shall occur at the provider pharmacy unless provided by an FDA approved repackager. The prepackaged containers or unit dose drugs may be sent to the remote site to be loaded into the machine by personnel designated by the pharmacist-in-charge provided:(I) a pharmacist verifies the container or unit dose drug has been properly filled and labeled;(II) the individual containers or unit dose drugs are transported to the remote site in a secure, tamper-evident container; and(III) the automated pharmacy system uses bar-coding, microchip, or other technologies to ensure that the containers or unit dose drugs are accurately loaded in the automated pharmacy system.(iii) All drugs to be stocked in the emergency medication kit shall be delivered to the remote site by the provider pharmacy.(G) Policies and procedures of operation.(i) A provider pharmacy that provides pharmacy services through an emergency medication kit at a remote site shall operate according to written policies and procedures. The policy and procedure manual shall include, but not be limited to, the following:(I) duties which may only be performed by a pharmacist;(II) a copy of the written contract or agreement between the pharmacy and the facility which outlines the services to be provided and the responsibilities and accountabilities of each party in fulfilling the terms of the contract in compliance with federal and state laws and regulations;(III) date of last review/revision of the policy and procedure manual; and(IV) policies and procedures for:(-a-) security;(-b-) operation of the emergency medication kit;(-c-) preventative maintenance of the automated pharmacy system if the emergency medication kit is an automated pharmacy system;(-d-) sanitation;(-e-) storage of drugs;(-f-) dispensing;(-g-) supervision;(-h-) drug procurement;(-i-) receiving of drugs;(-j-) delivery of drugs; and(-k-) recordkeeping.(ii) A pharmacy that provides pharmacy services through an emergency medication kit at a remote site shall, at least annually, review its written policies and procedures, revise them if necessary, and document the review.(iii) A pharmacy providing remote pharmacy services using an emergency medication kit which is an automated pharmacy system shall maintain a written plan for recovery from an event which interrupts the ability of the automated pharmacy system to provide emergency medications. The written plan for recovery shall include:(I) planning and preparation for maintaining pharmacy services when an automated pharmacy system is experiencing downtime;(II) procedures for response when an automated pharmacy system is experiencing downtime; and(III) procedures for the maintenance and testing of the written plan for recovery.(5) Records.(A) Maintenance of records.(i) Every record required under this section must be:(I) kept by the provider pharmacy and be available, for at least two years, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(II) supplied by the provider pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(ii) The provider pharmacy shall maintain original prescription drug orders for drugs dispensed from an emergency medication kit in compliance with §291.34(b) of this title.(B) Prescriptions. Prescription drug orders shall meet the requirements of §291.34(b) of this title.(C) Records of dispensing. Dispensing records for a prescription drug order shall be maintained by the provider pharmacy in the manner required by §291.34(d) or (e) of this title.(D) Transaction information.(i) A prescription drug order shall be maintained by the provider pharmacy as the record of removal of a drug from an emergency medication kit for administration to a patient.(ii) The remote site shall notify the provider pharmacy electronically or in writing of each entry into an emergency medication kit. Such notification may be included on the prescription drug order or a separate document and shall include the name, strength, and quantity of the drug removed, the time of removal, and the name of the person removing the drug.(iii) A separate record of stocking, removal, or dispensing for administration from an emergency medication kit shall be maintained by the pharmacy and include the:(I) date;(II) name, strength, dosage form, and quantity of drug stocked, removed, or dispensed for administration;(III) name, initials, or identification code of the person stocking, removing, or dispensing for administration, drugs from the system;(IV) name, initials, or identification code of the pharmacist who checks and verifies that the system has been accurately filled; and(V) unique prescription number assigned to the prescription drug order when the drug is administered to the patient.(E) Inventory.(i) A provider pharmacy shall:(I) keep a record of all drugs sent to and returned from a remote site separate from the records of the provider pharmacy and from any other remote site's records; and(II) keep a perpetual inventory of controlled substances and other drugs required to be inventoried under §291.17 of this title, that are received and dispensed or distributed from each remote site.(ii) As specified in §291.17 of this title, a provider pharmacy shall conduct an inventory at each remote site. The following is applicable to this inventory.(I) The inventory of each remote site and the provider pharmacy shall be taken on the same day.(II) The inventory of each remote site shall be included with, but listed separately from, the drugs of other remote sites and separately from the drugs of the provider pharmacy.(c) Remote pharmacy services using telepharmacy systems.(1) Purpose. The purpose of this section is to provide standards for the provision of pharmacy services by a Class A or Class C pharmacy in a healthcare facility that is not at the same location as a Class A or Class C pharmacy through a telepharmacy system as outlined in §562.110 of the Texas Pharmacy Act.(2) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings defined in the Act or §291.31 of this title.(A) Provider pharmacy--(i) a Class A pharmacy that provides pharmacy services through a telepharmacy system at a remote dispensing site or at a healthcare facility that is regulated by this state or the United States; or(ii) a Class C pharmacy that provides pharmacy services though a telepharmacy system at a healthcare facility that is regulated by this state or the United States.(B) Remote dispensing site--a location licensed as a telepharmacy that is authorized by a provider pharmacy through a telepharmacy system to store and dispense prescription drugs and devices, including dangerous drugs and controlled substances.(C) Remote healthcare site--a healthcare facility regulated by this state or the United States that is a:(i) rural health clinic regulated under 42 U.S.C. Section 1395x(aa);(ii) health center as defined by 42 U.S.C. Section 254b;(iii) healthcare facility located in a medically underserved area as determined by the United States Department of Health and Human Services;(iv) healthcare facility located in a health professional shortage area as determined by the United States Department of Health and Human Services; or(v) a federally qualified health center as defined by 42 U.S.C. Section 1396d(I)(2)(B).(D) Remote pharmacy service--The provision of pharmacy services, including the storage and dispensing of prescription drugs, drug regimen review, and patient counseling, at a remote site.(E) Remote site--a remote healthcare site or a remote dispensing site.(F) Still image capture--A specific image captured electronically from a video or other image capture device.(G) Store and forward--A video or still image record which is saved electronically for future review.(H) Telepharmacy system--A system that monitors the dispensing of prescription drugs and provides for related drug use review and patient counseling services by an electronic method which shall include the use of the following types of technology:(i) audio and video;(ii) still image capture; and(iii) store and forward.(3) General requirements.(A) A provider pharmacy may provide remote pharmacy services using a telepharmacy system at a:(i) remote healthcare site; or(ii) remote dispensing site.(B) A provider pharmacy may not provide remote pharmacy services at a remote healthcare site if a Class A or Class C pharmacy that dispenses prescription drug orders to out-patients is located in the same community, unless the remote healthcare site is a federally qualified health center as defined by 42 U.S.C. Section 1396d(I)(2)(B). For the purposes of this subsection a community is defined as:(i) the census tract in which the remote site is located, if the remote site is located in a Metropolitan Statistical Area (MSA) as defined by the United States Census Bureau in the most recent U.S. Census; or(ii) within 10 miles of the remote site, if the remote site is not located in an MSA.(C) A provider pharmacy may not provide remote pharmacy services at a remote dispensing site if a Class A pharmacy is located within 22 miles by road of the remote dispensing site.(D) If a Class A or Class C pharmacy is established in a community in which a remote healthcare site has been located, the remote healthcare site may continue to operate.(E) If a Class A pharmacy is established within 22 miles by road of a remote dispensing site that is currently operating, the remote dispensing site may continue to operate at that location.(F) Before providing remote pharmacy services, the telepharmacy system at the remote site must be tested by the provider pharmacy and found to operate properly. The provider pharmacy shall make the results of such testing available to the board upon request.(G) A provider pharmacy which is licensed as a Class C pharmacy is required to comply with the provisions of §§291.31 - 291.34 of this title and this section.(H) A provider pharmacy can only provide pharmacy services at no more than two remote dispensing sites.(4) Personnel.(A) The pharmacist-in-charge of the provider pharmacy is responsible for all operations at the remote site including supervision of the telepharmacy system and compliance with this section.(B) The provider pharmacy shall have sufficient pharmacists on duty such that each pharmacist may supervise no more than two remote sites that are simultaneously open to provide services.(C) The following duties shall be performed only by a pharmacist at the provider pharmacy:(i) receiving an oral prescription drug order for a controlled substance;(ii) interpreting the prescription drug order;(iii) verifying the accuracy of prescription data entry;(iv) selecting the drug product to be stored and dispensed at the remote site;(v) interpreting the patient's medication record and conducting a drug regimen review;(vi) authorizing the telepharmacy system to print a prescription label at the remote site;(vii) performing the final check of the dispensed prescription to ensure that the prescription drug order has been dispensed accurately as prescribed; and(viii) counseling the patient.(D) A pharmacy technician at the remote site may receive an oral prescription drug order for a dangerous drug.(5) Operational standards.(A) Application to provide remote pharmacy services using a telepharmacy system.(i) A Class A or Class C pharmacy shall file a completed application containing all information required by the board to provide remote pharmacy services using a telepharmacy system and pay the application fee specified in §291.6(e)(3) of this title.(ii) Such application shall be resubmitted every two years in conjunction with the renewal of the provider pharmacy's license.(iii) On approval of the application, the provider pharmacy will be issued a license for the remote site, which must be displayed at the remote site.(iv) If the average number of prescriptions dispensed each day at a remote dispensing site is open for business is more than 125 prescriptions, as calculated each calendar year, the remote dispensing site shall apply for a Class A pharmacy license as specified in §291.1 of this title (relating to Pharmacy License Application).(B) Notification requirements.(i) A provider pharmacy shall notify the board in writing within ten days of a discontinuance of service, or closure of a remote site where a telepharmacy system is operated by the pharmacy.(ii) A provider pharmacy shall comply with appropriate federal and state controlled substance registrations for each remote site, if controlled substances are maintained.(iii) A provider pharmacy shall file a change of location and/or name of a remote site as specified in §291.3 of this title.(C) Environment/Security.(i) A remote site shall be under the continuous supervision of a provider pharmacy pharmacist at all times the site is open to provide pharmacy services. To qualify as continuous supervision, the pharmacist is not required to be physically present at the remote site and shall supervise electronically through the use of the following types of technology:(I) audio and video;(II) still image capture; and(III) store and forward.(ii) Drugs shall be stored in compliance with the provisions of §291.15 and §291.33(f)(2) of this title including the requirements for temperature and handling of outdated drugs.(iii) Drugs for use in the telepharmacy system at a remote healthcare site shall be stored in an area that is:(I) separate from any other drugs used by the healthcare facility; and(II) locked by key, combination or other mechanical or electronic means, so as to prohibit access by unauthorized personnel.(iv) Drugs for use in the telepharmacy system at a remote dispensing site shall be stored in an area that is locked by key, combination, or other mechanical or electronic means, so as to prohibit access by unauthorized personnel.(v) Access to the area where drugs are stored at the remote site and operation of the telepharmacy system shall be limited to:(I) pharmacists employed by the provider pharmacy;(II) licensed healthcare providers, if the remote site is a remote healthcare site; and(III) pharmacy technicians;(vi) Individuals authorized to access the remote site and operate the telepharmacy system shall:(I) be designated in writing by the pharmacist-in-charge; and(II) have completed documented training concerning their duties associated with the telepharmacy pharmacy system.(vii) Remote sites shall have adequate security and procedures to:(I) comply with federal and state laws and regulations; and(II) maintain patient confidentiality.(D) Prescription dispensing and delivery.(i) A pharmacist at the provider pharmacy shall conduct a drug regimen review as specified in §291.33(c) of this title prior to delivery of the dispensed prescription to the patient or patient's agent.(ii) The dispensed prescription shall be labeled at the remote site with the information specified in §291.33(c) of this title.(iii) A pharmacist at the provider pharmacy shall perform the final check of the dispensed prescription before delivery to the patient to ensure that the prescription has been dispensed accurately as prescribed. This final check shall be accomplished through a visual check using electronic methods.(iv) A pharmacist at the provider pharmacy shall counsel the patient or patient's agent as specified in §291.33(c) of this title. This counseling may be performed using electronic methods. Non-pharmacist personnel may not ask questions of a patient or patient's agent which are intended to screen and/or limit interaction with the pharmacist.(v) If the remote site has direct access to the provider pharmacy's data processing system, only a pharmacist or pharmacy technician may enter prescription information into the data processing system.(vi) Drugs which require reconstitution through the addition of a specified amount of water may be dispensed by the remote site only if a pharmacy technician, pharmacy technician trainee, or licensed healthcare provider reconstitutes the product.(vii) A telepharmacy system located at a remote dispensing site may not dispense a schedule II controlled substance.(viii) Drugs dispensed at the remote site through a telepharmacy system shall only be delivered to the patient or patient's agent at the remote site.(E) Quality assurance program. A pharmacy that provides remote pharmacy services through a telepharmacy system at a remote site shall operate according to a written program for quality assurance of the telepharmacy system which:(i) requires continuous supervision of the telepharmacy system at all times the site is open to provide remote pharmacy services; and(ii) establishes mechanisms and procedures to routinely test the operation of the telepharmacy system at a minimum of every six months and whenever any upgrade or change is made to the system and documents each such activity.(F) Policies and procedures.(i) A pharmacy that provides pharmacy services through a telepharmacy system at a remote site shall operate according to written policies and procedures. The policy and procedure manual shall include, but not be limited to, the following:(I) a current list of the name and address of the pharmacist-in-charge and personnel designated by the pharmacist-in-charge to have:(-a-) access to the area where drugs are stored at the remote site; and(-b-) operate the telepharmacy system;(II) duties which may only be performed by a pharmacist;(III) if the remote site is located at a remote healthcare site, a copy of the written contact or agreement between the provider pharmacy and the healthcare facility which outlines the services to be provided and the responsibilities and accountabilities of each party in fulfilling the terms of the contract or agreement in compliance with federal and state laws and regulations;(IV) date of last review/revision of policy and procedure manual; and(V) policies and procedures for:(-a-) security;(-b-) operation of the telepharmacy system;(-c-) sanitation;(-d-) storage of drugs;(-e-) dispensing;(-f-) supervision;(-g-) drug and/or device procurement;(-h-) receiving of drugs and/or devices;(-i-) delivery of drugs and/or devices; and(-j-) recordkeeping.(ii) A pharmacy that provides remote pharmacy services through a telepharmacy system at a remote site shall, at least annually, review its written policies and procedures, revise them if necessary, and document the review.(iii) A pharmacy providing remote pharmacy services through a telepharmacy system shall maintain a written plan for recovery from an event which interrupts the ability of a pharmacist to electronically supervise the telepharmacy system and the dispensing of prescription drugs at the remote site. The written plan for recovery shall include:(I) a statement that prescription drugs shall not be dispensed at the remote site, if a pharmacist is not able to electronically supervise the telepharmacy system and the dispensing of prescription drugs;(II) procedures for response when a telepharmacy system is experiencing downtime; and(III) procedures for the maintenance and testing of the written plan for recovery.(6) Additional operational standards for remote dispensing sites.(A) A pharmacist employed by a provider pharmacy shall make at least monthly on-site visits to a remote site. The remote site shall maintain documentation of the visit.(B) A pharmacist employed by a provider pharmacy shall be physically present at a remote dispensing site when the pharmacist is providing services requiring the physical presence of the pharmacist, including immunizations.(C) A remote dispensing site shall be staffed by an on-site pharmacy technician who is under the continuous supervision of a pharmacist employed by the provider pharmacy.(D) All pharmacy technicians at a remote dispensing site shall be counted for the purpose of establishing the pharmacist-pharmacy technician ratio of the provider pharmacy which, notwithstanding Section 568.006 of the Act, may not exceed three pharmacy technicians for each pharmacist providing supervision.(E) A pharmacy technician working at a remote dispensing site must:(i) have worked at least one year at a retail pharmacy during the three years preceding the date the pharmacy technician begins working at the remote dispensing site; and(ii) have completed a training program on the proper use of a telepharmacy system.(F) A pharmacy technician at a remote dispensing site may not perform sterile or nonsterile compounding. However, a pharmacy technician may prepare commercially available medications for dispensing, including the reconstitution of orally administered powder antibiotics.(7) Records.(A) Maintenance of records.(i) Every record required under this section must be:(I) accessible by the provider pharmacy and be available, for at least two years for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(II) supplied by the provider pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(ii) The remote site shall maintain original prescription drug orders for medications dispensed from a remote site using a telepharmacy system in the manner required by §291.34(b) of this title and the provider pharmacy shall have electronic access to all prescription records.(iii) If prescription drug records are maintained in a data processing system, the system shall have a workable (electronic) data retention system which can produce a separate audit trail of drug usage by the provider pharmacy and by each remote site for the preceding two years as specified in §291.34(e) of this title.(B) Prescriptions. Prescription drug orders shall meet the requirements of §291.34(b) of this title.(C) Patient medication records. Patient medication records shall be created and maintained at the remote site or provider pharmacy in the manner required by §291.34(c) of this title. If such records are maintained at the remote site, the provider pharmacy shall have electronic access to those records.(D) Inventory.(i) A provider pharmacy shall:(I) keep a record of all drugs ordered and dispensed by a remote site separate from the records of the provider pharmacy and from any other remote site's records;(II) keep a perpetual inventory of all controlled substances that are received and dispensed or distributed from each remote site. The perpetual inventory shall be reconciled, by a pharmacist employed by the provider pharmacy, at least monthly.(ii) As specified in §291.17 of this title, a provider pharmacy shall conduct an inventory at each remote site. The following is applicable to this inventory.(I) The inventory of each remote site and the provider pharmacy shall be taken on the same day.(II) The inventory of each remote site shall be included with, but listed separately from, the drugs of other remote sites and separately from the drugs at the provider pharmacy.(III) A copy of the inventory of the remote site shall be maintained at the remote site.(d) Remote pharmacy services using automated dispensing and delivery systems.(1) Purpose. The purpose of this section is to provide standards for the provision of pharmacy services by a Class A or Class C pharmacy in a facility that is not at the same location as the Class A or Class C pharmacy through an automated dispensing and delivery system.(2) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings defined in the Act.(A) Automated dispensing and delivery system--A mechanical system that dispenses and delivers prescription drugs to patients at a remote delivery site and maintains related transaction information.(B) Deliver or delivery--The actual, constructive, or attempted transfer of a prescription drug or device or controlled substance from one person to another, whether or not for a consideration.(C) Dispense--Preparing, packaging, compounding, or labeling for delivery a prescription drug or device in the course of professional practice to an ultimate user or his agent by or pursuant to the lawful order of a practitioner.(D) Provider pharmacy--The community pharmacy (Class A) or the institutional pharmacy (Class C) providing remote pharmacy services.(E) Remote delivery site--A location at which remote pharmacy services are provided using an automated dispensing and delivery system.(F) Remote pharmacy service--The provision of pharmacy services, including the dispensing and delivery of prescription drugs, in remote delivery sites.(3) General requirements for a provider pharmacy to provide remote pharmacy services using an automated dispensing and delivery system to dispense and deliver a prescription that is verified by the provider pharmacy to a patient or patient's agent.(A) The pharmacist-in-charge of the provider pharmacy is responsible for all pharmacy operations involving the automated dispensing and delivery system located at the remote delivery site including supervision of the automated dispensing and delivery system and compliance with this section.(B) The patient or patient's agent shall receive counseling via a direct link to audio or video communication by a Texas licensed pharmacist who has access to the complete patient medication record (patient profile) maintained by the provider pharmacy prior to the release of any new prescription released from the system.(C) A pharmacist shall be accessible at all times to respond to patients' or other health professionals' questions and needs pertaining to drugs delivered through the use of the automated dispensing and delivery system. Such access may be through a 24 hour pager service or telephone which is answered 24 hours a day.(D) The patient or patient's agent shall be given the option whether to use the system.(E) An electronic notice shall be provided to the patient or patient's agent at the remote delivery site with the following information:(i) the name and address of the pharmacy that verified the prescription; and(ii) a statement that a pharmacist is available 24 hours a day, 7 days a week through the use of telephonic communication.(F) Drugs stored in the automated dispensing and distribution system shall be stored at proper temperatures, as defined in the USP/NF and §291.15 of this title.(G) A provider pharmacy may only provide remote pharmacy services using an automated dispensing and delivery system to patients at a board-approved remote delivery site.(H) A provider pharmacy may provide remote pharmacy services at more than one remote delivery site.(I) Before providing remote pharmacy services, the automated dispensing and delivery system at the remote delivery site must be tested by the provider pharmacy and found to dispense and deliver accurately. The provider pharmacy shall make the results of such testing available to the board upon request.(J) A provider pharmacy which is licensed as an institutional (Class C) pharmacy is required to comply with the provisions of §§291.31 - 291.34 of this title and this section.(4) Operational standards.(A) Application to provide remote pharmacy services using an automated dispensing and delivery system.(i) A community (Class A) or institutional (Class C) pharmacy shall file a completed application containing all information required by the board to provide remote pharmacy services using an automated dispensing and delivery system and pay the application fee specified in §291.6(e)(4) of this title.(ii) Such application shall be resubmitted every two years in conjunction with the application for renewal of the provider pharmacy's license.(iii) Upon approval of the application, the provider pharmacy will be issued a certificate which must be displayed at the provider pharmacy.(B) Notification requirements.(i) A provider pharmacy shall notify the board in writing within ten days of a discontinuance of service.(ii) A provider pharmacy shall comply with appropriate controlled substance registrations for each remote delivery site if dispensed controlled substances are maintained within an automated dispensing and delivery system at the facility.(iii) A provider pharmacy shall file an application for change of location and/or name of a remote delivery site as specified in §291.3 of this title.(C) Environment/Security.(i) A provider pharmacy shall only store prescription drugs at a remote delivery site within an automated dispensing and delivery system which is locked by key, combination or other mechanical or electronic means so as to prohibit access by unauthorized personnel.(ii) Access to the automated dispensing and delivery system shall be limited to pharmacists and pharmacy technicians or pharmacy technician trainees under the direct supervision of a pharmacist who:(I) are designated in writing by the pharmacist-in-charge; and(II) have completed documented training concerning their duties associated with the automated dispensing and delivery system.(iii) Drugs shall be stored in compliance with the provisions of §291.15 of this title and §291.33(c)(8) of this title, including the requirements for temperature and the return of undelivered medication to stock.(iv) the automated dispensing and delivery system must have an adequate security system, including security camera(s), to prevent unauthorized access and to maintain patient confidentiality.(D) Stocking an automated dispensing and delivery system. Stocking of prescription drugs in an automated dispensing and delivery system shall be completed under the supervision of a pharmacist.(E) Quality assurance program. A pharmacy that provides pharmacy services through an automated dispensing and delivery system at a remote delivery site shall operate according to a written program for quality assurance of the automated dispensing and delivery system which:(i) requires continuous supervision of the automated dispensing and delivery system; and(ii) establishes mechanisms and procedures to routinely test the accuracy of the automated dispensing and delivery system at a minimum of every six months and whenever any upgrade or change is made to the system and documents each such activity.(F) Policies and procedures of operation.(i) A pharmacy that provides pharmacy services through an automated dispensing and delivery system at a remote delivery site shall operate according to written policies and procedures. The policy and procedure manual shall include, but not be limited to, the following:(I) a current list of the names and addresses of the pharmacist-in-charge and all personnel designated by the pharmacist-in-charge to have access to the prescription drugs stored in the automated dispensing and delivery system;(II) duties which may only be performed by a pharmacist;(III) a copy of the portion of the written contract or lease agreement between the pharmacy and the remote delivery site location which outlines the services to be provided and the responsibilities and accountabilities of each party relating to the operation of the automated dispensing and delivery system in fulfilling the terms of the contract in compliance with federal and state laws and regulations;(IV) date of last review/revision of the policy and procedure manual; and(V) policies and procedures for:(-a-) security;(-b-) operation of the automated dispensing and delivery system;(-c-) preventative maintenance of the automated dispensing and delivery system;(-d-) sanitation;(-e-) storage of prescription drugs;(-f-) supervision;(-g-) delivery of prescription drugs; and(-h-) recordkeeping.(ii) A pharmacy that provides pharmacy services through an automated dispensing and delivery system at a remote delivery site shall, at least annually, review its written policies and procedures, revise them if necessary, and document the review.(iii) A pharmacy providing remote pharmacy services using an automated dispensing and delivery system shall maintain a written plan for recovery from an event which interrupts the ability of the automated dispensing and delivery system to dispense and deliver prescription drugs. The written plan for recovery shall include:(I) planning and preparation for maintaining pharmacy services when an automated dispensing and delivery system is experiencing downtime;(II) procedures for response when an automated dispensing and delivery system is experiencing downtime; and(III) procedures for the maintenance and testing of the written plan for recovery.(5) Records.(A) Maintenance of records.(i) Every record required under this section must be:(I) kept by the provider pharmacy and be available, for at least two years for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(II) supplied by the provider pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(ii) The provider pharmacy shall have a workable (electronic) data retention system which can produce a separate audit trail of drug delivery and retrieval transactions at each remote delivery site for the preceding two years.(B) Transaction information.(i) The automated dispensing and delivery system shall electronically record all transactions involving drugs stored in, removed, or delivered from the system.(ii) Records of delivery from an automated dispensing and delivery system for a patient shall be maintained by the provider pharmacy and include the:(I) identity of the system accessed;(II) identification of the individual accessing the system;(III) date of transaction;(IV) prescription number, drug name, strength, dosage form;(V) number of prescriptions retrieved;(VI) name of the patient for whom the prescription was retrieved;(VII) name of prescribing practitioner; and(VIII) name of pharmacist responsible for consultation with the patient, if required, and documentation that the consultation was performed.(iii) Records of stocking or removal from an automated dispensing and delivery system shall be maintained by the pharmacy and include the:(I) count of bulk prescription drugs stored or removed;(II) number of dispensed prescription packages removed;(III) name, initials, or identification code of the person stocking or removing prescription drugs from the system; and(IV) name, initials, or identification code of the pharmacist who checks and verifies that the system has been accurately filled.(C) The pharmacy shall make the automated dispensing and delivery system and any records of the system, including testing records, available for inspection by the board.(D) The automated dispensing and delivery system records a digital image of the individual accessing the system to pick-up a prescription and such record is maintained by the pharmacy for two years.", "sourceNote": "Source Note: The provisions of this §291.121 adopted to be effective September 18, 2007, 32 TexReg 6352; amended to be effective September 14, 2010, 35 TexReg 8358; amended to be effective December 7, 2014, 39 TexReg 9358; amended to be effective January 4, 2018, 42 TexReg 7700; amended to be effective June 7, 2018, 43 TexReg 3591; amended to be effective March 12, 2019, 44 TexReg 1334; amended to be effective December 9, 2019, 44 TexReg 7545; amended to be effective September 9, 2020, 45 TexReg 6236; amended to be effective December 10, 2020, 45 TexReg 8864; amended to be effective September 9, 2021, 46 TexReg 5560; amended to be effective June 6, 2022, 47 TexReg3262; amended to be effective May 24, 2023, 48 TexReg 2577; amended to be effective August 27, 2023, 48 TexReg 4670; amended to be effective December 4, 2023, 48 TexReg 7060." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195574&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195574", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "G", "label": "SERVICES PROVIDED BY PHARMACIES" }, "rule": { "number": "§291.123", "label": "Central Prescription Drug or Medication Order Processing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209828", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose.(1) The purpose of this section is to provide standards for centralized prescription drug or medication order processing by a Class A (Community), Class C (Institutional), or Class E (Non-Resident) pharmacy.(2) Any facility established for the purpose of processing prescription drug or medication drug orders shall be licensed as a Class A, Class C, or Class E pharmacy under the Act. However, nothing in this subsection shall prohibit an individual pharmacist employee, individual pharmacy technician employee, or individual pharmacy technician trainee employee who is licensed in Texas from remotely accessing the pharmacy's electronic data base from outside the pharmacy in order to process prescription or medication drug orders, provided the pharmacy establishes controls to protect the privacy and security of confidential records.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Any term not defined in this section shall have the definition set out in the Act. Centralized prescription drug or medication order processing--the processing of a prescription drug or medication orders by a Class A, Class C, or Class E pharmacy on behalf of another pharmacy, a health care provider, or a payor. Centralized prescription drug or medication order processing does not include the dispensing of a prescription drug order but includes any of the following:(1) receiving, interpreting, or clarifying prescription drug or medication drug orders;(2) data entering and transferring of prescription drug or medication order information;(3) performing drug regimen review;(4) obtaining refill and substitution authorizations;(5) interpreting clinical data for prior authorization for dispensing;(6) performing therapeutic interventions; and(7) providing drug information concerning a patient's prescription.(c) Operational Standards.(1) General requirements.(A) A Class A, Class C, or Class E Pharmacy may outsource prescription drug or medication order processing to another Class A, Class C, or Class E pharmacy provided the pharmacies:(i) have:(I) the same owner; or(II) entered into a written contract or agreement which outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations; and(ii) share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to process a non-dispensing function.(B) A pharmacy that performs centralized prescription drug or medication order processing shall comply with the provisions applicable to the class of pharmacy contained in either §§291.31 - 291.35 of this title (relating to Definitions, Personnel, Operational Standards, Records, and Official Prescription Requirements in Class A (Community) Pharmacies), or §§291.72 - 291.75 of this title (relating to Definitions, Personnel, Operational Standards, and Records in a Class C (Institutional) Pharmacy), or §§291.102 - 291.105 of this title (relating to Definitions, Personnel, Operational Standards, and Records in a Class E (Non-Resident) Pharmacy) to the extent applicable for the specific processing activity and this section including:(i) duties which must be performed by a pharmacist; and(ii) supervision requirements for pharmacy technicians and pharmacy technician trainees.(2) Notifications to patients.(A) A pharmacy that outsources prescription drug or medication order processing to another pharmacy shall prior to outsourcing their prescription:(i) notify patients that prescription processing may be outsourced to another pharmacy; and(ii) give the name of that pharmacy; or if the pharmacy is part of a network of pharmacies under common ownership and any of the network pharmacies may process the prescription, the patient shall be notified of this fact. Such notification may be provided through a one-time written notice to the patient or through use of a sign in the pharmacy.(B) The provisions of this paragraph do not apply to patients in facilities where drugs are administered to patients by a person required to do so by the laws of the state (i.e., hospitals or nursing homes).(3) Policy and Procedures. A policy and procedure manual as it relates to central processing shall be maintained at all pharmacies involved in central processing and be available for inspection. Each pharmacy is required to maintain only those portions of the policy and procedure manual that relate to that pharmacy's operations. The manual shall:(A) outline the responsibilities of each of the pharmacies;(B) include a list of the name, address, telephone numbers, and all license/registration numbers of the pharmacies involved in centralized prescription drug or medication order processing; and(C) include policies and procedures for:(i) protecting the confidentiality and integrity of patient information;(ii) maintenance of appropriate records to identify the name(s), initials, or identification code(s) and specific activity(ies) of each pharmacist or pharmacy technician who performed any processing;(iii) complying with federal and state laws and regulations;(iv) operating a continuous quality improvement program for pharmacy services designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified problems; and(v) annually reviewing the written policies and procedures and documenting such review.(d) Records. All pharmacies shall maintain appropriate records which identify, by prescription drug or medication order, the name(s), initials, or identification code(s) of each pharmacist, pharmacy technician, or pharmacy technician trainee who performs a processing function for a prescription drug or medication order. Such records may be maintained:(1) separately by each pharmacy and pharmacist; or(2) in a common electronic file as long as the records are maintained in such a manner that the data processing system can produce a printout which lists the functions performed by each pharmacy and pharmacist.", "sourceNote": "Source Note: The provisions of this §291.123 adopted to be effective September 18, 2007, 32 TexReg 6352; amended to be effective June 20, 2019, 44 TexReg 2951." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209828", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "G", "label": "SERVICES PROVIDED BY PHARMACIES" }, "rule": { "number": "§291.125", "label": "Centralized Prescription Dispensing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131838", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide standards for centralized prescription dispensing by a Class A (Community), Class C (Institutional) pharmacy, or Class E (Non-Resident) Pharmacy.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Any term not defined in this section shall have the definition set out in the Act.(1) Central fill pharmacy--a Class A, Class A-S, Class C, Class C-S, Class E, or Class E-S pharmacy that prepares prescription drug orders for dispensing pursuant to a valid prescription transmitted to the central fill pharmacy by an outsourcing pharmacy.(2) Centralized prescription dispensing--the dispensing or refilling of a prescription drug order by a Class A, Class C, or Class E pharmacy at the request of another Class A, Class C, or Class E pharmacy and the return of the dispensed prescriptions to the outsourcing pharmacy for delivery to the patient or patient's agent, or at the request of the outsourcing pharmacy for direct delivery to the patient.(3) Outsourcing pharmacy--a Class A, Class C, or Class E pharmacy that transmits a prescription drug order via facsimile or communicates prescription information electronically to a central fill pharmacy to be dispensed by the central fill pharmacy.(c) Operational standards.(1) General requirements.(A) A Class A or Class C pharmacy may outsource prescription drug order dispensing to a central fill pharmacy provided the pharmacies:(i) have:(I) the same owner; or(II) entered into a written contract or agreement which outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations; and(ii) share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to dispense or process a prescription drug order.(B) Unless compliance would violate the pharmacy or drug laws or rules in the state in which the pharmacy is located, a Class E pharmacy may outsource prescription drug order dispensing to a central fill pharmacy provided the pharmacies meet the requirements of subparagraph (A) of this paragraph.(C) The pharmacist-in-charge of the central fill pharmacy shall ensure that:(i) the pharmacy maintains and uses adequate storage or shipment containers and shipping processes to ensure drug stability and potency. Such shipping processes shall include the use of appropriate packaging material and/or devices to ensure that the drug is maintained at an appropriate temperature range to maintain the integrity of the medication throughout the delivery process; and(ii) the dispensed prescriptions are shipped in containers which are sealed in a manner as to show evidence of opening or tampering.(D) A Class A or Class C central fill pharmacy shall comply with the provisions of §§291.31 - 291.35 of this title (relating to Definitions, Personnel, Operational Standards, Records, and Official Prescription Requirements) and this section.(E) A Class E central fill pharmacy shall comply with §§291.101 - 291.105 of this title (relating to Purpose, Definitions, Personnel, Operational Standards, and Records) and this section.(2) Notifications to patients.(A) A pharmacy that outsources prescription dispensing to a central fill pharmacy shall:(i) prior to outsourcing the prescription:(I) notify patients that their prescription may be outsourced to a central fill pharmacy; and(II) give the name of the central fill pharmacy, or if the pharmacy is part of a network of pharmacies under common ownership and any of the network pharmacies may dispense the prescription, the patient shall be notified of this fact. Such notification may be provided through a one-time written notice to the patient or through use of a sign in the pharmacy; and(ii) if a prescription that is not for a controlled substance is delivered directly to the patient by the central fill pharmacy and not returned to the outsourcing pharmacy, place on the prescription container or on a separate sheet delivered with the prescription container, in both English and Spanish, the local and, if applicable, the toll-free telephone number of the pharmacy and the statement: \"Written information about this prescription has been provided for you. Please read this information before you take the medication. If you have questions concerning this prescription, a pharmacist is available during normal business hours to answer these questions at (insert the pharmacy's local and toll-free telephone numbers).\" A prescription for a controlled substance may not be delivered directly to the patient by the central fill pharmacy.(B) The provisions of this paragraph do not apply to patients in facilities where drugs are administered to patients by a person required to do so by the laws of the state (e.g., hospitals or nursing homes).(3) Prescription Labeling. The central fill pharmacy shall place on the prescription label the name and address of the outsourcing pharmacy and a unique identifier (i.e., the central fill pharmacy's DEA registration number or, if the pharmacy does not have a DEA registration number, the central fill pharmacy's Texas license number) indicating that the prescription was dispensed by the central fill pharmacy; and comply with all other labeling requirements in §291.33 of this title.(4) Policies and Procedures. A policy and procedure manual as it relates to centralized dispensing shall be maintained at both pharmacies and be available for inspection. Each pharmacy is required to maintain only those portions of the policy and procedure manual that relate to that pharmacy's operations. The manual shall:(A) outline the responsibilities of each of the pharmacies;(B) include a list of the names, addresses, telephone numbers, and all license/registration numbers of the pharmacies involved in centralized prescription dispensing; and(C) include policies and procedures for:(i) notifying patients that their prescription may be outsourced to a central fill pharmacy for dispensing and providing the name of that pharmacy;(ii) protecting the confidentiality and integrity of patient information;(iii) dispensing prescription drug orders when the dispensed order is not received or the patient comes in before the order is received;(iv) complying with federal and state laws and regulations;(v) operating a continuous quality improvement program for pharmacy services designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified problems; and(vi) reviewing annually the written policies and procedures and documenting such review.(d) Records.(1) Records may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:(A) the records maintained in the alternative system contain all of the information required on the manual record; and(B) the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(2) Each pharmacy shall comply with all the laws and rules relating to the maintenance of records and be able to produce an audit trail showing all prescriptions dispensed by the pharmacy.(3) The outsourcing pharmacy shall maintain records, in addition to the prescription drug order, which indicate the:(A) date:(i) the request for dispensing was transmitted to the central fill pharmacy; and(ii) the dispensed prescription was received by the outsourcing pharmacy, including the method of delivery (e.g., private, common, or contract carrier) and the name of the person accepting delivery; and(B) name, address, license number, and the unique identifier of the central fill pharmacy.(4) The central fill pharmacy shall maintain records, in addition to the prescription drug order, which indicate the:(A) date the prescription was shipped to the outsourcing pharmacy or the patient;(B) name and address where the prescription was shipped;(C) method of delivery (e.g., private, common, or contract carrier); and(D) name, address, and license number of the outsourcing pharmacy.(e) Nothing in this section shall be construed as requiring a nonresident pharmacy that outsources drug order dispensing to a central fill pharmacy to be licensed as a Class E pharmacy in accordance with §291.101 of this title, provided that the nonresident pharmacy does not physically ship, mail, or deliver prescription drugs or devices directly to a patient or patient's agent in this state.", "sourceNote": "Source Note: The provisions of this §291.125 adopted to be effective September 18, 2007, 32 TexReg 6352; amended to be effective March 26, 2014, 39 TexReg 2080; amended to be effective June 7, 2018, 43 TexReg 3592; amended to be effective August 24, 2022, 47 TexReg 4977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131838", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "G", "label": "SERVICES PROVIDED BY PHARMACIES" }, "rule": { "number": "§291.127", "label": "Emergency Remote Pharmacy License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215698", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings defined in the Act.(1) Emergency remote pharmacy--A pharmacy not located at the same Texas location as a home pharmacy at which pharmacy services are provided during an emergency situation.(2) Emergency situation--An emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacy services.(3) Home pharmacy--A currently licensed Class A (Community), Class C (Institutional), or Class D (Clinic) pharmacy that is providing emergency pharmacy services through an emergency remote pharmacy.(b) Emergency remote pharmacy license. In an emergency situation, the board may grant a holder of a Class A (Community), Class C (Institutional), or Class D (Clinic) pharmacy license, the authority to operate a pharmacy and provide pharmacy services at an alternate location. The following is applicable for the emergency remote pharmacy.(1) The emergency remote pharmacy will not be issued a separate pharmacy license, but shall operate under the license of the home pharmacy. To qualify for an emergency remote pharmacy license, the applicant must submit an application including the following information:(A) license number, name, address, and phone number of the home pharmacy;(B) name, address, and phone number of the emergency remote pharmacy;(C) name and Texas pharmacist license number of the pharmacist-in-charge of the home pharmacy and of the pharmacist-in-charge of the emergency remote pharmacy; and(D) any other information required by the board.(2) The board will notify the home pharmacy of the approval of an emergency remote pharmacy license.(3) The emergency remote pharmacy license shall be valid for a period as determined by the board not to exceed six months. The executive director of the board, in his/her discretion, may renew the remote license for an additional six months, if the emergency situation still exists and the holder of the license shows good cause for emergency remote pharmacy to continue operation.(4) The emergency remote pharmacy shall have a written contract or agreement with the home pharmacy which outlines the services to be provided and the responsibilities and accountabilities of the remote and home pharmacy in fulfilling the terms of the contract or agreement in compliance with federal and state laws and regulations.(5) The home pharmacy shall designate a pharmacist to serve as the pharmacist-in-charge of the emergency remote pharmacy.(6) The emergency remote pharmacy shall comply with the rules for the class of pharmacy under which the home pharmacy is licensed. A Class A pharmacy shall comply with the rules under Subchapter B of this chapter titled Community Pharmacy (Class A). A Class C pharmacy shall comply with the rules under Subchapter D of this chapter titled Institutional Pharmacy (Class C). A Class D pharmacy shall comply with the rules under Subchapter E of this chapter titled Clinic Pharmacy (Class D).(7) The records of services provided at the emergency remote pharmacy shall be:(A) kept by the home pharmacy and be available, for at least two years from the date of provision of the service, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.", "sourceNote": "Source Note: The provisions of this §291.127 adopted to be effective September 18, 2007, 32 TexReg 6352." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215698", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "G", "label": "SERVICES PROVIDED BY PHARMACIES" }, "rule": { "number": "§291.129", "label": "Satellite Pharmacy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218891", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to create a new class of pharmacy for the provision of pharmacy services by a Class A or Class C pharmacy in a location that is not at the same location as the Class A or Class C pharmacy through a satellite pharmacy and to provide standards for the operation of this class of pharmacy established under §560.053 of the Texas Pharmacy Act.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings as defined in the Act or in §291.31 of this title (relating to Definitions).(1) Provider pharmacy--The Class A or Class C pharmacy providing satellite pharmacy services.(2) Satellite pharmacy--A facility not located at the same location as a Class A or Class C pharmacy at which satellite pharmacy services are provided.(3) Satellite pharmacy services--The provision of pharmacy services, including the storage and delivery of prescription drugs, in an alternate location.(c) General requirements.(1) A Class A or Class C provider pharmacy may establish a satellite pharmacy in a location that is not at the same location as the Class A or Class C pharmacy.(2) The pharmacist-in-charge of the provider pharmacy is responsible for all pharmacy operations involving the satellite pharmacy including supervision of satellite pharmacy personnel and compliance with this section.(3) A satellite pharmacy may not store bulk drugs and may only store prescription medications that have been previously verified and dispensed by the provider pharmacy.(4) A Class C pharmacy that is a provider pharmacy dispensing outpatient prescriptions for a satellite pharmacy shall comply with the provisions of §§291.31 - 291.34 of this title (relating to Definitions, Personnel, Operational Standards, and Records for Class A (Community) pharmacies) and this section.(5) The provider pharmacy and the satellite pharmacy must have:(A) the same owner; and(B) share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to process a non-dispensing function.(d) Personnel.(1) All individuals working at the satellite pharmacy shall be employees of the provider pharmacy and must report their employment to the board as such.(2) A satellite pharmacy shall have sufficient pharmacists on duty to operate the satellite pharmacy competently, safely, and adequately to meet the needs of the patients of the pharmacy.(3) Pharmacists are solely responsible for the direct supervision of pharmacy technicians and pharmacy technician trainees and for designating and delegating duties, other than those listed in paragraph (7) of this subsection, to pharmacy technicians and pharmacy technician trainees. Each pharmacist:(A) shall verify the accuracy of all acts, tasks, and functions performed by pharmacy technicians and pharmacy technician trainees; and(B) shall be responsible for any delegated act performed by pharmacy technicians and pharmacy technician trainees under his or her supervision.(4) A pharmacist shall be physically present to directly supervise a pharmacy technician or pharmacy technician trainee who is entering prescription data into the data processing system. Each prescription entered into the data processing system shall be verified at the time of data entry.(5) All pharmacists, while on duty, shall be responsible for complying with all state and federal laws or rules governing the practice of pharmacy.(6) A pharmacist shall ensure that the drug is dispensed and delivered safely and accurately as prescribed. A pharmacist shall ensure the safety and accuracy of the portion of the process the pharmacist is performing.(7) Duties in a satellite pharmacy that may only be performed by a pharmacist are as follows:(A) receiving oral prescription drug orders for controlled substances and reducing these orders to writing, either manually or electronically;(B) interpreting or clarifying prescription drug orders;(C) communicating to the patient or patient's agent information about the prescription drug or device, which in the exercise of the pharmacist's professional judgment the pharmacist deems significant, as specified in §291.33(c) of this title;(D) communicating to the patient or the patient's agent on his or her request for information concerning any prescription drugs dispensed to the patient by the pharmacy;(E) assuring that a reasonable effort is made to obtain, record, and maintain patient medication records;(F) interpreting patient medication records and performing drug regimen reviews; and(G) performing a specific act of drug therapy management for a patient when delegated to a pharmacist by a written protocol from a physician licensed in this state in compliance with the Medical Practice Act.(8) Pharmacy technicians and pharmacy technician trainees may not perform any of the duties listed in paragraph (7) of this subsection. However, a pharmacist may delegate to pharmacy technicians and pharmacy technician trainees any nonjudgmental technical duty associated with the preparation and distribution of prescription drugs provided:(A) a pharmacist verifies the accuracy of all acts, tasks, and functions performed by pharmacy technicians and pharmacy technician trainees; and(B) pharmacy technicians and pharmacy technician trainees are under the direct supervision of, and responsible to, a pharmacist.(9) Pharmacy technicians and pharmacy technician trainees in a satellite pharmacy may perform only nonjudgmental technical duties associated with the preparation and distribution of prescription drugs as follows:(A) initiating and receiving refill authorization requests;(B) entering prescription data into a data processing system; and(C) reconstituting medications.(10) In addition to the duties listed above in paragraph (9) of this subsection, pharmacy technicians may perform the following nonjudgmental technical duties associated with the preparation and distribution of prescription drugs:(A) receiving oral prescription drug orders for dangerous drugs and reducing these orders to writing, either manually or electronically; and(B) transferring or receiving a transfer of original prescription information for a dangerous drug on behalf of a patient.(11) All satellite pharmacy personnel shall wear identification tags or badges that bear the person's name and identifies him or her as a pharmacist, pharmacist intern, pharmacy technician, or pharmacy technician trainee.(e) Operational requirements.(1) Application for permission to provide satellite pharmacy services.(A) A Class A or Class C pharmacy shall make an application to the board to provide satellite pharmacy services. The application shall include the following:(i) the name, address, and license number of the provider pharmacy;(ii) the name and address of the facility where the satellite pharmacy will be located;(iii) the anticipated date of opening and hours of operation; and(iv) a copy of the lease agreement or, if the location of the satellite pharmacy is owned by the applicant, a notarized statement certifying such location ownership.(B) A renewal application shall be resubmitted every two years in conjunction with the application for renewal of the provider pharmacy's license. The renewal application shall contain the documentation required in subparagraph (A) of this paragraph.(C) Upon approval of the application, the provider pharmacy will be issued a certificate which must be displayed at the satellite pharmacy.(2) Notification requirements.(A) A provider pharmacy shall notify the board in writing within ten days of a change of location, discontinuance of service, or closure of a satellite pharmacy that is operated by the pharmacy.(B) A provider pharmacy shall comply with appropriate federal and state controlled substance registrations for each satellite pharmacy if controlled substances are maintained at the satellite pharmacy.(3) Environment.(A) The satellite pharmacy shall be arranged in an orderly fashion and kept clean. All required equipment shall be clean and in good operating condition.(B) A satellite pharmacy shall contain an area which is suitable for confidential patient counseling.(i) Such counseling area shall:(I) be easily accessible to both the patient and pharmacists and not allow patient access to prescription drugs; and(II) be designed to maintain the confidentiality and privacy of the pharmacist/patient communication.(ii) In determining whether the area is suitable for confidential patient counseling and designed to maintain the confidentiality and privacy of the pharmacist/patient communication, the board may consider factors such as the following:(I) the proximity of the counseling area to the check-out or cash register area;(II) the volume of pedestrian traffic in and around the counseling area;(III) the presence of walls or other barriers between the counseling area and other areas of the pharmacy; and(IV) any evidence of confidential information being overheard by persons other than the patient or patient's agent or the pharmacist or agents of the pharmacist.(C) The satellite pharmacy shall be properly lighted and ventilated.(D) The temperature of the satellite pharmacy shall be maintained within a range compatible with the proper storage of drugs in compliance with the provisions of §291.15 of this title (relating to Storage of Drugs). The temperature of the refrigerator shall be maintained within a range compatible with the proper storage of drugs requiring refrigeration.(E) Animals, including birds and reptiles, shall not be kept within the pharmacy and in immediately adjacent areas under the control of the pharmacy. This provision does not apply to fish in aquariums, guide dogs accompanying disabled persons, or animals for sale to the general public in a separate area that is inspected by local health jurisdictions.(4) Security.(A) A satellite pharmacy shall be under the continuous, physically present supervision of a pharmacist at all times the satellite pharmacy is open to provide pharmacy services.(B) The satellite pharmacy shall be enclosed by walls, partitions or other means of floor-to-ceiling enclosure. In addition to the security requirements outlined in §291.33(b)(2) of this title, satellite pharmacies shall have adequate security and procedures to:(i) prohibit unauthorized access;(ii) comply with federal and state regulations; and(iii) maintain patient confidentiality.(C) Access to the satellite pharmacy shall be limited to pharmacists, pharmacy technicians, and pharmacy technician trainees employed by the provider pharmacy and who are designated in writing by the pharmacist-in-charge.(D) The provider pharmacy shall have procedures that specify that prescriptions may only be delivered to the satellite pharmacy by the provider pharmacy and shall:(i) be delivered in a sealed container with a list of the prescriptions delivered;(ii) be signed for on receipt by the pharmacist at the satellite pharmacy; and(iii) be checked by personnel designated by the pharmacist-in-charge to verify that the prescriptions sent by the provider pharmacy were actually received. The designated person who checks the order shall document the verification by signing and dating the list of prescriptions delivered.(5) Prescription dispensing and delivery. A satellite pharmacy shall comply with the requirements outlined in §291.33(c) of this title with regard to prescription dispensing and delivery.(6) Equipment and supplies. A satellite pharmacy shall have the following equipment and supplies:(A) typewriter or comparable equipment;(B) refrigerator, if storing drugs requiring refrigeration; and(C) metric-apothecary weight and measure conversion charts.(7) Library. A reference library shall be maintained by the satellite pharmacy that includes the following in hard-copy or electronic format:(A) current copies of the following:(i) Texas Pharmacy Act and rules;(ii) Texas Dangerous Drug Act and rules;(iii) Texas Controlled Substances Act and rules; and(iv) Federal Controlled Substances Act and rules (or official publication describing the requirements of the Federal Controlled Substances Act and rules);(B) at least one current or updated reference from each of the following categories:(i) patient information:(I) United States Pharmacopeia Dispensing Information, Volume II (Advice to the Patient); or(II) a reference text or information leaflets which provide patient information;(ii) drug interactions: a reference text on drug interactions, such as Drug Interaction Facts. A separate reference is not required if other references maintained by the satellite pharmacy contain drug interaction information including information needed to determine severity or significance of the interaction and appropriate recommendations or actions to be taken;(iii) a general information reference text, such as:(I) Facts and Comparisons with current supplements;(II) United States Pharmacopeia Dispensing Information Volume I (Drug Information for the Healthcare Provider);(III) Clinical Pharmacology;(IV) American Hospital Formulary Service with current supplements; or(V) Remington's Pharmaceutical Sciences; and(C) basic antidote information and the telephone number of the nearest Regional Poison Control Center.(f) Records.(1) Maintenance of records.(A) Every record required to be kept under §291.34 of this title and under this section shall be:(i) kept by the provider pharmacy and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(ii) supplied by the provider pharmacy within 72 hours, if requested by an authorized agent of the board. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(B) Records, except when specifically required to be maintained in original or hard-copy form, may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:(i) the records maintained in the alternative system contain all of the information required on the manual record; and(ii) the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(C) Prescription drug orders shall be maintained by the provider pharmacy in the manner required by §291.34(d) or (e) of this title.(2) Prescriptions.(A) Prescription drug orders shall meet the requirements of §291.34(b) of this title.(B) The provider pharmacy must maintain appropriate records to identify the name(s), initials, or identification code(s) and specific activity(ies) of each pharmacist, pharmacy technician, or pharmacy technician trainee who performed any processing at the satellite pharmacy.(C) A provider pharmacy shall keep a record of all prescriptions sent and returned between the pharmacies separate from the records of the provider pharmacy and from any other satellite pharmacy's records.(D) A satellite pharmacy shall keep a record of all prescriptions received and returned between the pharmacies.", "sourceNote": "Source Note: The provisions of this §291.129 adopted to be effective September 18, 2007, 32 TexReg 6352; amended to be effective June 7, 2009, 34 TexReg 3412; amended to be effective December 6, 2018, 43 TexReg 7787; amended to be effective December 10, 2020, 45 TexReg 8865; amended to be effective December 4, 2023, 48 TexReg 7060." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218891&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218891", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "G", "label": "SERVICES PROVIDED BY PHARMACIES" }, "rule": { "number": "§291.131", "label": "Pharmacies Compounding Non-Sterile Preparations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227669", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Pharmacies compounding non-sterile preparations, prepackaging pharmaceutical products, and distributing those products shall comply with all requirements for their specific license classification and this section. The purpose of this section is to provide standards for the:(1) compounding of non-sterile preparations pursuant to a prescription or medication order for a patient from a practitioner in Class A (Community), Class C (Institutional), and Class E (Non-resident) pharmacies;(2) compounding, dispensing, and delivery of a reasonable quantity of a compounded non-sterile preparation in a Class A (Community), Class C (Institutional), and Class E (Non-resident) pharmacy to a practitioner's office for office use by the practitioner;(3) compounding and distribution of compounded non-sterile preparations by a Class A (Community) pharmacy for a Class C (Institutional) pharmacy; and(4) compounding of non-sterile preparations by a Class C (Institutional) pharmacy and the distribution of the compounded preparations to other Class C (Institutional) pharmacies under common ownership.(b) Definitions. In addition to the definitions for specific license classifications, the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Active pharmaceutical ingredient--Any substance intended to be used in the compounding of a preparation, thereby becoming the active ingredient in that preparation and furnishing pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals or affecting the structure and function of the body.(2) Beyond-use date--The date or time after which the compounded non-sterile preparation shall not be stored or transported or begin to be administered to a patient. The beyond-use date is determined from the date or time when the preparation was compounded.(3) Cleaning--The process of removing soil (e.g., organic and inorganic material) from objects and surfaces, normally accomplished by manually or mechanically using water with detergents or enzymatic products.(4) Component--Any ingredient intended for use in the compounding of a drug preparation, including those that may not appear in such preparation.(5) Compounding--The preparation, mixing, assembling, packaging, or labeling of a drug or device:(A) as the result of a practitioner's prescription drug or medication order, based on the practitioner-patient-pharmacist relationship in the course of professional practice;(B) for administration to a patient by a practitioner as the result of a practitioner's initiative based on the practitioner-patient-pharmacist relationship in the course of professional practice;(C) in anticipation of prescription drug or medication orders based on routine, regularly observed prescribing patterns; or(D) for or as an incident to research, teaching, or chemical analysis and not for sale or dispensing, except as allowed under §562.154 or Chapter 563 of the Occupations Code.(6) Containment primary engineering control--A ventilated device designed and operated to minimize worker and environmental exposures to airborne contaminants through the full or partial enclosure of a potential contaminant source, the use of airflow capture velocities to trap and remove airborne contaminants near their point of generation, the use of air pressure relationships that define the direction of airflow into the cabinet, and the use of high-efficiency particulate air (HEPA) filtration on all potentially contaminated exhaust streams. Examples of containment primary engineering control include containment ventilated enclosures, biological safety cabinets, and compounding aseptic containment isolators.(7) Controlled room temperature--The temperature maintained thermostatically that encompasses the usual and customary working environment of 20 - 25 degrees C (68 - 77 degrees F).(8) Designated person(s)--One or more individuals assigned by the pharmacist-in-charge or the pharmacist-in-charge's designee to be responsible and accountable for the performance and operation of the facility and personnel as related to the preparation of compounded non-sterile preparations.(9) Hot water--The temperature of water from the pharmacy's sink maintained at a minimum of 41 degrees C (105 degrees F).(10) Reasonable quantity--An amount of a compounded drug that:(A) does not exceed the amount a practitioner anticipates may be used in the practitioner's office or facility before the beyond use date of the drug;(B) is reasonable considering the intended use of the compounded drug and the nature of the practitioner's practice; and(C) for any practitioner and all practitioners as a whole, is not greater than an amount the pharmacy is capable of compounding in compliance with pharmaceutical standards for identity, strength, quality, and purity of the compounded drug that are consistent with United States Pharmacopoeia guidelines and accreditation practices.(11) Refrigerator--A cold place in which the temperature is controlled between 2 - 8 degrees C (36 - 46 degrees F).(12) Sanitizing--A process for reducing on inanimate surfaces the number of all forms of microbial life including fungi, viruses, and bacteria using an appropriate agent.(13) SOPs--Standard operating procedures.(14) USP/NF--The current edition of the United States Pharmacopeia/National Formulary.(15) Water activity--A measure of the fraction of total water that is unbound and freely available to participate in chemical, biochemical, or physiochemical reactions or provide an environment that can support microbial growth.(c) Personnel. All personnel who compound or have direct oversight of compounding non-sterile preparations shall be initially trained and qualified by demonstrating knowledge and competency in the areas outlined in paragraph (5)(C) of this subsection.(1) Pharmacist-in-charge. In addition to the responsibilities for the specific class of pharmacy, the pharmacist-in-charge shall have the responsibility for, at a minimum, the following concerning non-sterile compounding:(A) determining that all personnel involved in non-sterile compounding possess the education, training, and proficiency necessary to properly and safely perform compounding duties undertaken or supervised;(B) determining that all personnel involved in non-sterile compounding obtain continuing education appropriate for the type of compounding done by the personnel;(C) assuring that the equipment used in compounding is properly maintained;(D) maintaining an appropriate environment in areas where non-sterile compounding occurs; and(E) assuring that effective quality control procedures are developed and followed.(2) Designated person(s). The pharmacist-in-charge or the pharmacist-in-charge's designee shall designate one or more individuals to be responsible and accountable for the performance and operation of the facility and personnel for the preparation of compounded non-sterile preparations. The designated person(s) shall be identified in the facility's SOPs. If the compounding facility has only one person responsible for all compounding in the facility, then that person is the designated person.(3) Pharmacists. Special requirements for non-sterile compounding.(A) All pharmacists engaged in compounding shall:(i) possess the education, training, and proficiency necessary to properly and safely perform compounding duties undertaken or supervised; and(ii) obtain continuing education appropriate for the type of compounding undertaken or supervised by the pharmacist.(B) A pharmacist shall inspect and approve all components, including consideration of all physical and chemical properties of the components, drug product containers, closures, labeling, and any other materials involved in the compounding process.(C) A pharmacist shall review all compounding records for accuracy and conduct in-process and final checks to ensure that errors have not occurred in the compounding process.(D) A pharmacist is responsible for the proper maintenance, cleanliness, and use of all equipment used in the compounding process.(4) Pharmacy technicians and pharmacy technician trainees. All pharmacy technicians and pharmacy technician trainees engaged in non-sterile compounding shall:(A) possess the education, training, and proficiency necessary to properly and safely perform compounding duties undertaken;(B) obtain continuing education appropriate for the type of compounding done by the pharmacy technician or pharmacy technician trainee; and(C) perform compounding duties under the direct supervision of and responsible to a pharmacist.(5) Training.(A) All training activities shall be documented and covered by appropriate SOPs as outlined in subsection (d)(8)(A) of this section.(B) All personnel involved in non-sterile compounding shall be well trained and must participate in continuing relevant training programs.(C) Training shall include instruction, experience, and demonstrated proficiency in the following areas:(i) hand hygiene;(ii) garbing;(iii) cleaning and sanitizing;(iv) handling and transporting components and compounded non-sterile preparations;(v) measuring and mixing;(vi) proper use of equipment and devices selected to compound non-sterile preparations; and(vii) documentation of the compounding process (e.g., Master Formulation Records and Compounding Records).(d) Operational Standards.(1) General requirements.(A) Non-sterile drug preparations may be compounded in licensed pharmacies:(i) upon presentation of a practitioner's prescription drug or medication order based on a valid pharmacist/patient/prescriber relationship;(ii) in anticipation of future prescription drug or medication orders based on routine, regularly observed prescribing patterns; or(iii) in reasonable quantities for office use by a practitioner and for use by a veterinarian.(B) Non-sterile compounding in anticipation of future prescription drug or medication orders must be based upon a history of receiving valid prescriptions issued within an established pharmacist/patient/prescriber relationship, provided that in the pharmacist's professional judgment the quantity prepared is stable for the anticipated shelf time.(i) The pharmacist's professional judgment shall be based on the criteria used to determine a beyond-use date outlined in paragraph (5)(C) of this subsection.(ii) Documentation of the criteria used to determine the stability for the anticipated shelf time must be maintained and be available for inspection.(iii) Any preparation compounded in anticipation of future prescription drug or medication orders shall be labeled. Such label shall contain:(I) name and strength of the compounded preparation or list of the active ingredients and strengths;(II) facility's lot number;(III) beyond-use date as determined by the pharmacist using appropriate documented criteria as outlined in paragraph (5)(C) of this subsection; and(IV) quantity or amount in the container.(C) Commercially available products may be compounded for dispensing to individual patients provided the following conditions are met:(i) the commercial product is not reasonably available from normal distribution channels in a timely manner to meet patient's needs;(ii) the pharmacy maintains documentation that the product is not reasonably available due to a drug shortage or unavailability from the manufacturer; and(iii) the prescribing practitioner has requested that the drug be compounded as described in subparagraph (D) of this paragraph.(D) A pharmacy may not compound preparations that are essentially copies of commercially available products (e.g., the preparation is dispensed in a strength that is only slightly different from a commercially available product) unless the prescribing practitioner specifically orders the strength or dosage form and specifies why the patient needs the particular strength or dosage form of the preparation. The prescribing practitioner shall provide documentation of a patient specific medical need and the preparation produces a clinically significant therapeutic response (e.g., the physician requests an alternate product due to hypersensitivity to excipients or preservative in the FDA-approved product, or the physician requests an effective alternate dosage form) or if the drug product is not commercially available. The unavailability of such drug product must be documented prior to compounding. The methodology for documenting unavailability includes maintaining a copy of the wholesaler's notification showing back-ordered, discontinued, or out-of-stock items. This documentation must be available in hard-copy or electronic format for inspection by the board.(E) A pharmacy may enter into an agreement to compound and dispense prescription/medication orders for another pharmacy provided the pharmacy complies with the provisions of §291.125 of this title (relating to Centralized Prescription Dispensing).(F) Compounding pharmacies/pharmacists may advertise and promote the fact that they provide non-sterile prescription compounding services, which may include specific drug products and classes of drugs.(G) A pharmacy may not compound veterinary preparations for use in food producing animals except in accordance with federal guidelines.(H) A pharmacist may add flavoring to a prescription at the request of a patient, the patient's agent, or the prescriber. The pharmacist shall label the flavored prescription with a beyond-use-date that shall be no longer than fourteen days if stored in a refrigerator unless otherwise documented. Documentation of beyond-use-dates longer than fourteen days shall be maintained by the pharmacy electronically or manually and made available to agents of the board on request. A pharmacist may not add flavoring to an over-the-counter product at the request of a patient or patient's agent unless the pharmacist obtains a prescription for the over-the-counter product from the patient's practitioner.(2) Library. In addition to the library requirements of the pharmacy's specific license classification, a pharmacy shall maintain a current copy, in hard-copy or electronic format, of Chapter 795 of the USP/NF concerning Pharmacy Compounding Non-Sterile Preparations.(3) Environment.(A) Pharmacies engaging in compounding shall have a designated and adequate area for the safe and orderly compounding of non-sterile preparations, including the placement of equipment and materials.(B) Only personnel authorized by the responsible pharmacist shall be in the immediate vicinity of a drug compounding operation.(C) A sink with hot and cold running water, exclusive of rest room facilities, shall be accessible to the compounding areas and be maintained in a sanitary condition. Supplies necessary for adequate washing shall be accessible in the immediate area of the sink and include:(i) soap or detergent; and(ii) air-driers or single-use towels.(D) Appropriate measures shall be used to prevent cross-contamination between compounding non-sterile preparations, including dedication of equipment for such operations or the meticulous cleaning of contaminated equipment prior to its use for the preparation of subsequent compounds.(E) Cleaning and sanitizing of surfaces in the non-sterile compounding area(s) shall occur on a regular basis as defined in appropriate SOPs as outlined in paragraph (8)(A) of this subsection.(4) Equipment and Supplies.(A) If the pharmacy engages in compounding non-sterile preparations that require weighing a component of the preparation, the pharmacy shall have a Class A prescription balance, or analytical balance and weights which shall be calibrated and have the accuracy of the balance verified by the pharmacy at least every 12 months as specified in the pharmacy's SOPs. The pharmacy shall document the calibration and verification.(B) The pharmacy shall have equipment and utensils necessary for the proper compounding of prescription drug or medication orders. Such equipment and utensils used in the compounding process shall be:(i) of appropriate design and capacity, and be operated within designed operational limits;(ii) of suitable composition so that surfaces that contact components, in-process material, or drug products shall not be reactive, additive, or absorptive so as to alter the safety, identity, strength, quality, or purity of the drug product beyond the desired result;(iii) cleaned and sanitized immediately prior to and after each use; and(iv) routinely inspected, calibrated (if necessary), or checked to ensure proper performance.(C) Weighing, measuring, or otherwise manipulating components that could generate airborne chemical particles (e.g., active pharmaceutical ingredients, added substances, and conventionally manufactured products) shall be evaluated to determine if these activities must be performed in a containment primary engineering control to reduce the potential exposure to personnel or contamination of the facility or compounded non-sterile preparations. The process evaluation shall be carried out in accordance with the facility's SOPs, and the assessment shall be documented.(D) If a containment ventilated enclosure or biological safety cabinet is used, it shall be certified at least every 12 months or according to manufacturer specifications.(5) Labeling. In addition to the labeling requirements of the pharmacy's specific license classification, the label dispensed or distributed pursuant to a prescription drug or medication order shall contain the following.(A) The generic name(s) or the official name(s) of the principal active ingredient(s) of the compounded preparation.(B) A statement that the preparation has been compounded by the pharmacy. (An auxiliary label may be used on the container to meet this requirement).(C) A beyond-use date after which the compounded preparation should not be used. The beyond-use date shall be determined as outlined in Chapter 795 of the USP/NF concerning Pharmacy Compounding Non-Sterile Preparations including the following:(i) The pharmacist shall consider:(I) physical and chemical properties of active ingredients;(II) use of preservatives and/or stabilizing agents;(III) dosage form;(IV) storage containers and conditions; and(V) scientific, laboratory, or reference data from a peer reviewed source and retained in the pharmacy. The reference data should follow the same preparation instructions for combining components and packaged in a container with similar properties.(ii) In the absence of stability information applicable for a specific drug or preparation, the following maximum beyond-use dates are to be used when the compounded preparation is packaged in tight, light-resistant containers.(I) Aqueous dosage forms. An aqueous preparation is one that has a water activity equal to or greater than 0.6 (e.g., emulsions, gels, creams, solutions, sprays, or suspensions).(-a-) Nonpreserved aqueous dosage forms: Not later than 14 days when stored in a refrigerator.(-b-) Preserved aqueous dosage forms: Not later than 35 days when stored at controlled room temperature or in a refrigerator.(II) Nonaqueous dosage forms. A nonaqueous dosage form is one that has a water activity less than 0.6.(-a-) Nonaqueous oral liquids: Not later than 90 days when stored at controlled room temperature or in a refrigerator.(-b-) Other nonaqueous dosage forms: Not later than 180 days when stored at controlled room temperature or refrigerator. Other nonaqueous dosage forms that have a water activity of less than 0.6 (e.g., capsules, tablets, granules, powders, nonaqueous topicals, suppositories, and troches or lozenges).(iii) Compounded non-sterile preparations requiring shorter beyond-use dates. The beyond-use dates in subclauses (I) and (II) of clause (ii) are the beyond-use dates for compounded nonsterile preparations in the absence of specific stability information. However, the designated person(s) shall still perform due diligence to determine if there is existing stability data that would require a shorter beyond-use date.(I) The beyond-use date of the compounded non-sterile preparation shall not exceed the shortest remaining expiration date of any of the commercially available starting components.(II) For compounded non-sterile preparations prepared from one or more compounded components, the beyond-use date generally shall not exceed the shortest beyond-use date of any of the individual compounded components. However, there may be acceptable instances when the beyond-use date of the final compounded non-sterile preparation exceeds the beyond-use date assigned to compounded components (e.g., pH-altering solutions). If the assigned beyond-use date of the final compounded non-sterile preparation exceeds the beyond-use date of the compounded components, the physical, chemical, and microbiological quality of the final compounded non-sterile preparation shall not be negatively impacted.(iv) Extending beyond-use dates for compounded non-sterile preparations. Beyond-use date limits may be exceeded when supported by valid scientific stability information for the specific compounded preparation.(I) Compounded non-sterile preparations with a USP/NF monograph. When compounding from a USP/NF compounded preparation monograph for the compounded non-sterile preparation, the beyond-use date shall not exceed the beyond-use date specified in the monograph.(II) Compounded non-sterile preparations with stability information. If there is a stability study using a stability-indicating analytical method for the active pharmaceutical ingredient(s), compounded non-sterile preparation formulation, and material of composition of the container closure that will be used, then the beyond-use date indicated by the study may be used in lieu of the beyond-use date specified in subclauses (I) and (II) of clause (ii) for aqueous and nonaqueous dosage forms, up to a maximum of 180 days.(III) If the beyond-use date of the compounded non-sterile preparation is extended beyond the beyond-use date specified in subclauses (I) and (II) of clause (ii), an aqueous compounded non-sterile preparation must pass antimicrobial effectiveness testing.(-a-) The designated person(s) may rely on antimicrobial effectiveness testing that is conducted, or contracted for, once for each formulation in the particular container closure system, including materials of composition or the container closure system, in which it will be packaged.(-b-) Alternatively, the designated person(s) may rely on antimicrobial effectiveness testing results provided by an FDA-registered facility or published in peer-reviewed literature as long as the compounded non-sterile preparation formulation, including any preservative, and container closure materials of composition are the same as those tested, unless a bracketing study is performed.(-c-) When a bracketing study is performed, antimicrobial effectiveness testing may be performed on a low concentration and on a high concentration of the active ingredient in the formulation to establish preservative effectiveness across various strengths of the same formulation (e.g., bracketing). The concentration of all other ingredients, including preservatives, must fall within the bracketed range.(6) Written drug information. Written information about the compounded preparation or its major active ingredient(s) shall be given to the patient at the time of dispensing. A statement which indicates that the preparation was compounded by the pharmacy must be included in this written information. If there is no written information available, the patient should be advised that the drug has been compounded and how to contact a pharmacist, and if appropriate the prescriber, concerning the drug.(7) Drugs, components, and materials used in non-sterile compounding.(A) Drugs used in non-sterile compounding shall be USP/NF grade substances manufactured in an FDA-registered facility.(B) If USP/NF grade substances are not available, or when food, cosmetics, or other substances are or must be used, the substance shall be of a chemical grade in one of the following categories:(i) Chemically Pure (CP);(ii) Analytical Reagent (AR); or(iii) American Chemical Society (ACS); or(iv) Food Chemical Codex; or(C) If a drug, component, or material is not purchased from an FDA-registered facility, the pharmacist shall establish purity and stability by obtaining a Certificate of Analysis from the supplier and the pharmacist shall compare the monograph of drugs in a similar class to the Certificate of Analysis.(D) A manufactured drug product may be a source of active ingredient. Only manufactured drugs from containers labeled with a batch control number and a future expiration date are acceptable as a potential source of active ingredients. When compounding with manufactured drug products, the pharmacist must consider all ingredients present in the drug product relative to the intended use of the compounded preparation.(E) All components shall be stored in properly labeled containers in a clean, dry area, under proper temperatures.(F) Drug product containers and closures shall not be reactive, additive, or absorptive so as to alter the safety, identity, strength, quality, or purity of the compounded drug product beyond the desired result.(G) Components, drug product containers, and closures shall be rotated so that the oldest stock is used first.(H) Container closure systems shall provide adequate protection against foreseeable external factors in storage and use that can cause deterioration or contamination of the compounded drug product.(I) A pharmacy may not compound a preparation that contains ingredients appearing on a federal Food and Drug Administration list of drug products withdrawn or removed from the market for safety reasons.(8) Compounding process.(A) All significant procedures performed in the compounding area shall be covered by written SOPs designed to ensure accountability, accuracy, quality, safety, and uniformity in the compounding process. At a minimum, SOPs shall be developed for:(i) the facility;(ii) equipment;(iii) personnel;(iv) preparation evaluation;(v) quality assurance;(vi) preparation recall;(vii) packaging;(viii) storage of compounded preparations;(ix) hand hygiene and garbing; and(x) cleaning and sanitizing.(B) Any compounded preparation with an official monograph in the USP/NF shall be compounded, labeled, and packaged in conformity with the USP/NF monograph for the drug.(C) Any person with a communicable illness or open lesion that may adversely affect the safety or quality of a drug product being compounded shall report these conditions to the designated person(s). The designated person(s) shall determine whether the person must be excluded from compounding areas until the person's conditions have resolved.(D) Personnel engaged in the compounding of drug preparations shall perform proper hand hygiene prior to engaging in compounding activities. Proper hand hygiene shall be defined in appropriate SOPs as outlined in subparagraph (A) of this paragraph and appropriate for prevention of preparation and facility contamination.(E) Garbing requirements and the frequency of changing garb shall be determined by the pharmacy and documented in appropriate SOPs as outlined in subparagraph (A) of this paragraph. The garbing requirements under the pharmacy's SOPs must be appropriate for the type of compounding performed. Gloves shall be worn for the prevention of preparation and facility contamination.(F) At each step of the compounding process, the pharmacist shall ensure that components used in compounding are accurately weighed, measured, or subdivided as appropriate to conform to the formula being prepared.(9) Quality Assurance.(A) Initial formula validation. Prior to routine compounding of a non-sterile preparation, a pharmacy shall conduct an evaluation that shows that the pharmacy is capable of compounding a product that contains the stated amount of active ingredient(s).(B) Finished preparation checks. The prescription drug and medication orders, written compounding procedure, preparation records, and expended materials used to make compounded non-sterile preparations shall be inspected for accuracy of correct identities and amounts of ingredients, packaging, labeling, and expected physical appearance and properties before the non-sterile preparations are dispensed.(10) Quality Control.(A) The pharmacy shall follow established quality control procedures to monitor the quality of compounded drug preparations for uniformity and consistency such as capsule weight variations, adequacy of mixing, clarity, or pH of solutions. When developing these procedures, pharmacy personnel shall consider the provisions of Chapter 795, concerning Pharmacy Compounding Non-Sterile Preparations, Chapter 1075, concerning Good Compounding Practices, and Chapter 1160, concerning Pharmaceutical Calculations in Prescription Compounding contained in the current USP/NF. Such procedures shall be documented and be available for inspection.(B) Compounding procedures that are routinely performed, including batch compounding, shall be completed and verified according to written procedures. The act of verification of a compounding procedure involves checking to ensure that calculations, weighing and measuring, order of mixing, and compounding techniques were appropriate and accurately performed.(C) Unless otherwise indicated or appropriate, compounded preparations are to be prepared to ensure that each preparation shall contain not less than 90.0 percent and not more than 110.0 percent of the theoretically calculated and labeled quantity of active ingredient per unit weight or volume and not less than 90.0 percent and not more than 110.0 percent of the theoretically calculated weight or volume per unit of the preparation.(e) Records.(1) Maintenance of records. Every record required by this section shall be:(A) kept by the pharmacy and be available, for at least two years, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(C) Documentation of the performance of quality control procedures is not required if the compounding process is done pursuant to a patient specific order and involves the mixing of two or more commercially available oral liquids or commercially available preparations when the final product is intended for external use.(2) Master Formulation Record and Compounding Record.(A) Master Formulation Record. A master formulation record shall be developed and approved by a pharmacist for all compounded preparations. Once approved, a duplicate of the master formulation record shall be used as the compound record each time the compound is prepared and on which all documentation for that compound occurs. The master formulation record shall contain at a minimum:(i) the formula;(ii) the components;(iii) the compounding directions;(iv) evaluation and testing requirements;(v) specific equipment used during preparation;(vi) storage requirements;(vii) a reference to the location of the following documentation which may be maintained with other records, such as quality control records:(I) the criteria used to determine the beyond-use date; and(II) documentation of performance of quality control procedures, including, but not limited to, expected physical appearance of the final product.(B) Compounding Record. The record for each preparation shall document the following:(i) identity of all components and their corresponding amounts, concentrations, or volumes;(ii) lot number and expiration date of each component;(iii) component manufacturer/distributor or suitable identifying number;(iv) container specifications;(v) unique lot or control number;(vi) beyond use date;(vii) date of preparation;(viii) name, initials, or electronic signature of the person(s) involved in the preparation;(ix) name, initials, or electronic signature of the responsible pharmacist;(x) finished preparation evaluation and testing specifications, if applicable; and(xi) comparison of actual yield to anticipated or theoretical yield, when appropriate.(f) Office Use Compounding and Distribution of Compounded Preparations to Class C Pharmacies or Veterinarians in Accordance With §563.054 of the Act.(1) General.(A) A pharmacy may dispense and deliver a reasonable quantity of a compounded preparation to a practitioner for office use by the practitioner in accordance with this subsection.(B) A Class A pharmacy is not required to register or be licensed under Chapter 431, Health and Safety Code, to distribute non-sterile compounded preparations to a Class C pharmacy.(C) A Class C pharmacy is not required to register or be licensed under Chapter 431, Health and Safety Code, to distribute non-sterile compounded preparations that the Class C pharmacy has compounded for other Class C pharmacies under common ownership.(D) To dispense and deliver a compounded preparation under this subsection, a pharmacy must:(i) verify the source of the raw materials to be used in a compounded drug;(ii) comply with applicable United States Pharmacopoeia guidelines, including the testing requirements, and the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191);(iii) enter into a written agreement with a practitioner for the practitioner's office use of a compounded preparation;(iv) comply with all applicable competency and accrediting standards as determined by the board; and(v) comply with the provisions of this subsection.(2) Written Agreement. A pharmacy that provides non-sterile compounded preparations to practitioners for office use or to another pharmacy shall enter into a written agreement with the practitioner or pharmacy. The written agreement shall:(A) address acceptable standards of practice for a compounding pharmacy and a practitioner and receiving pharmacy that enter into the agreement including a statement that the compounded preparations may only be administered to the patient and may not be dispensed to the patient or sold to any other person or entity except as authorized by §563.054 of the Act;(B) state that the practitioner or receiving pharmacy should include on a separate log or in a patient's chart, medication order, or medication administration record the lot number and beyond-use date of a compounded preparation administered to a patient; and(C) describe the scope of services to be performed by the pharmacy and practitioner or receiving pharmacy, including a statement of the process for:(i) a patient to report an adverse reaction or submit a complaint; and(ii) the pharmacy to recall batches of compounded preparations.(3) Recordkeeping.(A) Maintenance of Records.(i) Records of orders and distribution of non-sterile compounded preparations to a practitioner for office use or to a Class C pharmacy for administration to a patient shall:(I) be kept by the pharmacy and be available, for at least two years from the date of the record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies;(II) maintained separately from the records of products dispensed pursuant to a prescription or medication order; and(III) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy or its representative. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format. Failure to provide the records set out in this subsection, either on site or within 72 hours for whatever reason, constitutes prima facie evidence of failure to keep and maintain records.(ii) Records may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(B) Orders. The pharmacy shall maintain a record of all non-sterile compounded preparations ordered by a practitioner for office use or by a Class C pharmacy for administration to a patient. The record shall include the following information:(i) date of the order;(ii) name, address, and phone number of the practitioner who ordered the preparation and, if applicable, the name, address, and phone number of the Class C pharmacy ordering the preparation; and(iii) name, strength, and quantity of the preparation ordered.(C) Distributions. The pharmacy shall maintain a record of all non-sterile compounded preparations distributed pursuant to an order to a practitioner for office use or by a Class C pharmacy for administration to a patient. The record shall include the following information:(i) date the preparation was compounded;(ii) date the preparation was distributed;(iii) name, strength, and quantity in each container of the preparation;(iv) pharmacy's lot number;(v) quantity of containers shipped; and(vi) name, address, and phone number of the practitioner or Class C pharmacy to whom the preparation is distributed.(D) Audit Trail.(i) The pharmacy shall store the order and distribution records of preparations for all non-sterile compounded preparations ordered by and or distributed to a practitioner for office use or by a Class C pharmacy for administration to a patient in such a manner as to be able to provide an audit trail for all orders and distributions of any of the following during a specified time period.(I) any strength and dosage form of a preparation (by either brand or generic name or both);(II) any ingredient;(III) any lot number;(IV) any practitioner;(V) any facility; and(VI) any pharmacy, if applicable.(ii) The audit trail shall contain the following information:(I) date of order and date of the distribution;(II) practitioner's name, address, and name of the Class C pharmacy, if applicable;(III) name, strength, and quantity of the preparation in each container of the preparation;(IV) name and quantity of each active ingredient;(V) quantity of containers distributed; and(VI) pharmacy's lot number;(4) Labeling. The pharmacy shall affix a label to the preparation containing the following information:(A) name, address, and phone number of the compounding pharmacy;(B) the statement: \"For Institutional or Office Use Only--Not for Resale\"; or if the preparation is distributed to a veterinarian the statement: \"Compounded Preparation\";(C) name and strength of the preparation or list of the active ingredients and strengths;(D) pharmacy's lot number;(E) beyond-use date as determined by the pharmacist using appropriate documented criteria;(F) quantity or amount in the container;(G) appropriate ancillary instructions, such as storage instructions or cautionary statements, including hazardous drug warning labels where appropriate; and(H) device-specific instructions, where appropriate.(g) Recall Procedures.(1) The pharmacy shall have written procedures for the recall of any compounded non-sterile preparations provided to a patient, to a practitioner for office use, or a pharmacy for administration. Written procedures shall include, but not be limited to, the requirements as specified in paragraph (3) of this subsection.(2) The pharmacy shall immediately initiate a recall of any non-sterile preparation compounded by the pharmacy upon identification of a potential or confirmed harm to a patient.(3) In the event of a recall, the pharmacist-in-charge shall ensure that:(A) each practitioner, facility, and/or pharmacy to which the preparation was distributed is notified, in writing, of the recall;(B) each patient to whom the preparation was dispensed is notified, in writing, of the recall;(C) if the preparation is prepared as a batch, the board is notified of the recall, in writing;(D) if the preparation is distributed for office use, the Texas Department of State Health Services, Drugs and Medical Devices Group, is notified of the recall, in writing;(E) the preparation is quarantined; and(F) the pharmacy keeps a written record of the recall including all actions taken to notify all parties and steps taken to ensure corrective measures.(4) If a pharmacy fails to initiate a recall, the board may require a pharmacy to initiate a recall if there is potential for or confirmed harm to a patient.", "sourceNote": "Source Note: The provisions of this §291.131 adopted to be effective September 18, 2007, 32 TexReg 6352; amended to be effective March 6, 2008, 33 TexReg 1801; amended to be effective September 9, 2012, 37 TexReg 6917; amended to be effective January 4, 2018, 42 TexReg 7700; amended to be effective August 24, 2022, 47 TexReg 4977; amended to be effective June 10, 2024, 49 TexReg 4046." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227669", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "G", "label": "SERVICES PROVIDED BY PHARMACIES" }, "rule": { "number": "§291.133", "label": "Pharmacies Compounding Sterile Preparations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214883", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Pharmacies compounding sterile preparations, prepackaging pharmaceutical products, and distributing those products shall comply with all requirements for their specific license classification and this section. The purpose of this section is to provide standards for the:(1) compounding of sterile preparations pursuant to a prescription or medication order for a patient from a practitioner in Class A-S, Class B, Class C-S, and Class E-S pharmacies;(2) compounding, dispensing, and delivery of a reasonable quantity of a compounded sterile preparation in Class A-S, Class B, Class C-S, and Class E-S pharmacies to a practitioner's office for office use by the practitioner;(3) compounding and distribution of compounded sterile preparations by a Class A-S pharmacy for a Class C-S pharmacy; and(4) compounding of sterile preparations by a Class C-S pharmacy and the distribution of the compounded preparations to other Class C or Class C-S pharmacies under common ownership.(b) Definitions. In addition to the definitions for specific license classifications, the following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) ACPE--Accreditation Council for Pharmacy Education.(2) Airborne particulate cleanliness class--The level of cleanliness specified by the maximum allowable number of particles per cubic meter of air as specified in the International Organization of Standardization (ISO) Classification Air Cleanliness (ISO 14644-1). For example:(A) ISO Class 5 (formerly Class 100) is an atmospheric environment that contains less than 3,520 particles 0.5 microns and larger in diameter per cubic meter of air (formerly stated as 100 particles 0.5 microns in diameter per cubic foot of air);(B) ISO Class 7 (formerly Class 10,000) is an atmospheric environment that contains less than 352,000 particles 0.5 microns and larger in diameter per cubic meter of air (formerly stated as 10,000 particles 0.5 microns in diameter per cubic foot of air); and(C) ISO Class 8 (formerly Class 100,000) is an atmospheric environment that contains less than 3,520,000 particles 0.5 microns and larger in diameter per cubic meter of air (formerly stated as 100,000 particles 0.5 microns in diameter per cubic foot of air).(3) Ancillary supplies--Supplies necessary for the preparation and administration of compounded sterile preparations.(4) Anteroom--An ISO Class 8 or cleaner room with fixed walls and doors where personnel hand hygiene, garbing procedures, and other activities that generate high particulate levels may be performed. The anteroom is the transition room between the unclassified area of the pharmacy and the buffer room.(5) Aseptic processing--A mode of processing pharmaceutical and medical preparations that involves the separate sterilization of the preparation and of the package (containers-closures or packaging material for medical devices) and the transfer of the preparation into the container and its closure under at least ISO Class 5 conditions. (6) Automated compounding device--An automated device that compounds, measures, and/or packages a specified quantity of individual components in a predetermined sequence for a designated sterile preparation.(7) Batch--A specific quantity of a drug or other material that is intended to have uniform character and quality, within specified limits, and is produced during a single preparation cycle.(8) Batch preparation compounding--Compounding of multiple sterile preparation units, in a single discrete process, by the same individual(s), carried out during one limited time period. Batch preparation/compounding does not include the preparation of multiple sterile preparation units pursuant to patient specific medication orders.(9) Beyond-use date--The date, or hour and the date, after which a compounded sterile preparation shall not be used, stored, or transported. The date is determined from the date and time the preparation is compounded.(10) Biological safety cabinet, Class II--A ventilated cabinet for personnel, product or preparation, and environmental protection having an open front with inward airflow for personnel protection, downward HEPA filtered laminar airflow for product protection, and HEPA filtered exhausted air for environmental protection.(11) Buffer room--An ISO Class 7 or cleaner or, if a Class B pharmacy, an ISO Class 8 or cleaner, room with fixed walls and doors where primary engineering controls that generate and maintain an ISO Class 5 environment are physically located. The buffer room may only be accessed through the anteroom or another buffer room.(12) Clean room--A room in which the concentration of airborne particles is controlled to meet a specified airborne particulate cleanliness class. Microorganisms in the environment are monitored so that a microbial level for air, surface, and personnel gear are not exceeded for a specified cleanliness class.(13) Cleaning agent--An agent, usually containing a surfactant, used for the removal of substances (e.g., dirt, debris, microbes, residual drugs or chemicals) from surfaces.(14) Cleanroom suite--A classified area that consists of both an anteroom and buffer room.(15) Component--Any ingredient used in the compounding of a preparation, including any active ingredient, added substance, or conventionally manufactured product.(16) Compounding--The preparation, mixing, assembling, packaging, or labeling of a drug or device:(A) as the result of a practitioner's prescription drug or medication order based on the practitioner-patient-pharmacist relationship in the course of professional practice;(B) for administration to a patient by a practitioner as the result of a practitioner's initiative based on the practitioner-patient-pharmacist relationship in the course of professional practice;(C) in anticipation of prescription drug or medication orders based on routine, regularly observed prescribing patterns; or(D) for or as an incident to research, teaching, or chemical analysis and not for sale or dispensing, except as allowed under §562.154 or Chapter 563 of the Occupations Code.(17) Compounding aseptic isolator--A form of barrier isolator specifically designed for compounding pharmaceutical ingredients or preparations. It is designed to maintain an aseptic compounding environment within the isolator throughout the compounding and material transfer processes. Air exchange into the isolator from the surrounding environment shall not occur unless it has first passed through a microbial retentive filter (HEPA minimum).(18) Compounding aseptic containment isolator--A compounding aseptic isolator designed to provide worker protection from exposure to undesirable levels of airborne drug throughout the compounding and material transfer processes and to provide an aseptic environment for compounding sterile preparations. Air exchange with the surrounding environment should not occur unless the air is first passed through a microbial retentive filter (HEPA minimum) system capable of containing airborne concentrations of the physical size and state of the drug being compounded. Where volatile hazardous drugs are prepared, the exhaust air from the isolator should be appropriately removed by properly designed building ventilation.(19) Compounding personnel--A pharmacist, pharmacy technician, or pharmacy technician trainee who performs the actual compounding; a pharmacist who supervises pharmacy technicians or pharmacy technician trainees compounding sterile preparations, and a pharmacist who performs an intermediate or final verification of a compounded sterile preparation.(20) Critical area--An ISO Class 5 environment.(21) Critical sites--A location that includes any component or fluid pathway surfaces (e.g., vial septa, injection ports, beakers) or openings (e.g., opened ampules, needle hubs) exposed and at risk of direct contact with air (e.g., ambient room or HEPA filtered), moisture (e.g., oral and mucosal secretions), or touch contamination. Risk of microbial and particulate contamination of the critical site increases with the size of the openings and exposure time.(22) Device--An instrument, apparatus, implement, machine, contrivance, implant, in-vitro reagent, or other similar or related article, including any component part or accessory, that is required under federal or state law to be ordered or prescribed by a practitioner. (23) Direct compounding area--A critical area within the ISO Class 5 primary engineering control where critical sites are exposed to unidirectional HEPA-filtered air, also known as first air.(24) Disinfectant--An agent that frees from infection, usually a chemical agent but sometimes a physical one, and that destroys disease-causing pathogens or other harmful microorganisms but may not kill bacterial and fungal spores. It refers to substances applied to inanimate objects.(25) First air--The air exiting the HEPA filter in a unidirectional air stream that is essentially particle free.(26) Hazardous drugs--Drugs that, studies in animals or humans indicate exposure to the drugs, have a potential for causing cancer, development or reproductive toxicity, or harm to organs. For the purposes of this chapter, radiopharmaceuticals are not considered hazardous drugs.(27) Hot water--The temperature of water from the pharmacy's sink maintained at a minimum of 105 degrees F (41 degrees C).(28) HVAC--Heating, ventilation, and air conditioning.(29) Immediate use--A sterile preparation that is not prepared according to USP 797 standards (i.e., outside the pharmacy and most likely not by pharmacy personnel) which shall be stored for no longer than four hours following the start of preparing the preparation. (30) IPA--Isopropyl alcohol (2-propanol).(31) Labeling--All labels and other written, printed, or graphic matter on an immediate container of an article or preparation or on, or in, any package or wrapper in which it is enclosed, except any outer shipping container. The term \"label\" designates that part of the labeling on the immediate container.(32) Master formulation record--A detailed record of procedures that describes how the compounded sterile preparation is to be prepared.(33) Media-fill test--A test used to qualify aseptic technique of compounding personnel or processes and to ensure that the processes used are able to produce sterile preparation without microbial contamination. During this test, a microbiological growth medium such as Soybean-Casein Digest Medium is substituted for the actual drug preparation to simulate admixture compounding. The issues to consider in the development of a media-fill test are the following: media-fill procedures, media selection, fill volume, incubation, time and temperature, inspection of filled units, documentation, interpretation of results, and possible corrective actions required.(34) Multiple-dose container--A multiple-unit container for articles or preparations intended for parenteral administration only and usually contains antimicrobial preservatives. The beyond-use date for an opened or entered (e.g., needle-punctured) multiple-dose container with antimicrobial preservatives is 28 days, unless otherwise specified by the manufacturer.(35) Negative pressure room--A room that is at a lower pressure compared to adjacent spaces and, therefore, the net flow of air is into the room.(36) Office use--The administration of a compounded drug to a patient by a practitioner in the practitioner's office or by the practitioner in a health care facility or treatment setting, including a hospital, ambulatory surgical center, or pharmacy in accordance with Chapter 562 of the Act, or for administration or provision by a veterinarian in accordance with §563.054 of the Act.(37) Pharmacy bulk package--A container of a sterile preparation for potential use that contains many single doses. The contents are intended for use in a pharmacy admixture program and are restricted to the preparation of admixtures for infusion or, through a sterile transfer device, for the filling of empty sterile syringes. The closure shall be penetrated only one time after constitution with a suitable sterile transfer device or dispensing set, which allows measured dispensing of the contents. The pharmacy bulk package is to be used only in a suitable work area such as a laminar flow hood (or an equivalent clean air compounding area).(38) Prepackaging--The act of repackaging and relabeling quantities of drug products from a manufacturer's original container into unit dose packaging or a multiple-dose container for distribution within a pharmacy licensed as a Class C pharmacy or to other pharmacies under common ownership for distribution within those pharmacies. The term as defined does not prohibit the prepackaging of drug products for use within other pharmacy classes.(39) Preparation or compounded sterile preparation--A sterile admixture compounded in a licensed pharmacy or other healthcare-related facility pursuant to the order of a licensed prescriber. The components of the preparation may or may not be sterile products.(40) Primary engineering control--A device or room that provides an ISO Class 5 environment for the exposure of critical sites when compounding sterile preparations. Such devices include, but may not be limited to, laminar airflow workbenches, biological safety cabinets, compounding aseptic isolators, and compounding aseptic containment isolators.(41) Product--A commercially manufactured sterile drug or nutrient that has been evaluated for safety and efficacy by the U.S. Food and Drug Administration (FDA). Products are accompanied by full prescribing information, which is commonly known as the FDA-approved manufacturer's labeling or product package insert.(42) Positive control--A quality assurance sample prepared to test positive for microbial growth.(43) Quality assurance--The set of activities used to ensure that the process used in the preparation of sterile drug preparations lead to preparations that meet predetermined standards of quality.(44) Quality control--The set of testing activities used to determine that the ingredients, components (e.g., containers), and final compounded sterile preparations prepared meet predetermined requirements with respect to identity, purity, non-pyrogenicity, and sterility.(45) Reasonable quantity--An amount of a compounded drug that:(A) does not exceed the amount a practitioner anticipates may be used in the practitioner's office or facility before the beyond-use date of the drug;(B) is reasonable considering the intended use of the compounded drug and the nature of the practitioner's practice; and(C) for any practitioner and all practitioners as a whole, is not greater than an amount the pharmacy is capable of compounding in compliance with pharmaceutical standards for identity, strength, quality, and purity of the compounded drug that are consistent with United States Pharmacopeia guidelines and accreditation practices.(46) Restricted-access barrier system--An enclosure that provides HEPA-filtered ISO Class 5 unidirectional air that allows for the ingress and/or egress of materials through defined openings that have been designed and validated to preclude the transfer of contamination, and that generally are not to be opened during operations. (47) Segregated compounding area--A designated space, area, or room that is not required to be classified and is defined with a visible perimeter. The segregated compounding area shall contain a PEC and is suitable for preparation of Category 1 compounded sterile preparations only.(48) Single-dose container--A single-unit container for articles or preparations intended for parenteral administration only. It is intended for a single use. A single-dose container is labeled as such. Examples of single-dose containers include pre-filled syringes, cartridges, fusion-sealed containers, and closure-sealed containers when so labeled.(49) SOPs--Standard operating procedures.(50) Sterilizing grade membranes--Membranes that are documented to retain 100% of a culture of 10^7 microorganisms of a strain of Brevundimonas (Pseudomonas) diminuta per square centimeter of membrane surface under a pressure of not less than 30 psi (2.0 bar). Such filter membranes are nominally at 0.22-micron or 0.2 micron nominal pore size, depending on the manufacturer's practice.(51) Sterilization by filtration--Passage of a fluid or solution through a sterilizing grade membrane to produce a sterile filtrate.(52) Terminal sterilization--The application of a lethal process, e.g., steam under pressure or autoclaving, to sealed final preparation containers for the purpose of achieving a predetermined sterility assurance level of usually less than 10^-6 or a probability of less than one in one million of a non-sterile unit.(53) Unidirectional airflow--An airflow moving in a single direction in a robust and uniform manner and at sufficient speed to reproducibly sweep particles away from the critical processing or testing area.(54) USP/NF--The current edition of the United States Pharmacopeia/National Formulary.(c) Personnel.(1) Pharmacist-in-charge.(A) General. The pharmacy shall have a pharmacist-in-charge in compliance with the specific license classification of the pharmacy.(B) Responsibilities. In addition to the responsibilities for the specific class of pharmacy, the pharmacist-in-charge shall have the responsibility for, at a minimum, the following concerning the compounding of sterile preparations:(i) developing a system to ensure that all pharmacy personnel responsible for compounding and/or supervising the compounding of sterile preparations within the pharmacy receive appropriate education and training and competency evaluation;(ii) determining that all personnel involved in compounding sterile preparations obtain continuing education appropriate for the type of compounding done by the personnel;(iii) supervising a system to ensure appropriate procurement of drugs and devices and storage of all pharmaceutical materials including pharmaceuticals, components used in the compounding of sterile preparations, and drug delivery devices;(iv) ensuring that the equipment used in compounding is properly maintained;(v) developing a system for the disposal and distribution of drugs from the pharmacy;(vi) developing a system for bulk compounding or batch preparation of drugs;(vii) developing a system for the compounding, sterility assurance, quality assurance, and quality control of sterile preparations; and(viii) if applicable, ensuring that the pharmacy has a system to dispose of hazardous waste in a manner so as not to endanger the public health.(2) Pharmacists.(A) General.(i) A pharmacist is responsible for ensuring that compounded sterile preparations are accurately identified, measured, diluted, and mixed and are correctly purified, sterilized, packaged, sealed, labeled, stored, dispensed, and distributed.(ii) A pharmacist shall inspect and approve all components, drug preparation containers, closures, labeling, and any other materials involved in the compounding process.(iii) A pharmacist shall review all compounding records for accuracy and conduct periodic in-process checks as defined in the pharmacy's policy and procedures.(iv) A pharmacist shall review all compounding records for accuracy and conduct a final check.(v) A pharmacist is responsible for ensuring the proper maintenance, cleanliness, and use of all equipment used in the compounding process.(vi) A pharmacist shall be accessible at all times, 24 hours a day, to respond to patients' and other health professionals' questions and needs.(B) Initial training and continuing education.(i) All pharmacists who compound sterile preparations or supervise pharmacy technicians and pharmacy technician trainees compounding sterile preparations shall comply with the following:(I) complete through a single course, a minimum of 20 hours of instruction and experience in the areas listed in paragraph (4)(D) of this subsection. Such training shall be obtained through completion of a recognized course in an accredited college of pharmacy or a course sponsored by an ACPE accredited provider;(II) complete a structured on-the-job didactic and experiential training program at this pharmacy which provides sufficient hours of instruction and experience in the pharmacy's sterile compounding processes and procedures. Such training may not be transferred to another pharmacy unless the pharmacies are under common ownership and control and use a common training program; and(III) possess knowledge about:(-a-) aseptic processing;(-b-) quality control and quality assurance as related to environmental, component, and finished preparation release checks and tests;(-c-) chemical, pharmaceutical, and clinical properties of drugs;(-d-) container, equipment, and closure system selection; and(-e-) sterilization techniques.(ii) The required experiential portion of the training programs specified in this subparagraph shall be supervised by an individual who is actively engaged in performing sterile compounding and is qualified and has completed training as specified in this paragraph or paragraph (3) of this subsection.(iii) In order to renew a license to practice pharmacy, during the previous licensure period, a pharmacist engaged in sterile compounding shall complete a minimum of:(I) two hours of ACPE-accredited continuing education relating to one or more of the areas listed in paragraph (4)(D) of this subsection if the pharmacist is engaged in compounding Category 1 or Category 2 compounded sterile preparations; or(II) four hours of ACPE-accredited continuing education relating to one or more of the areas listed in paragraph (4)(D) of this subsection if the pharmacist is engaged in compounding Category 2 prepared from any non-sterile starting component or Category 3 compounded sterile preparations.(3) Pharmacy technicians and pharmacy technician trainees. (A) General. All pharmacy technicians and pharmacy technician trainees shall meet the training requirements specified in §297.6 of this title (relating to Pharmacy Technician and Pharmacy Technician Trainee Training).(B) Initial training and continuing education.(i) Pharmacy technicians and pharmacy technician trainees may compound sterile preparations provided the pharmacy technicians and/or pharmacy technician trainees are supervised by a pharmacist as specified in paragraph (2) of this subsection.(ii) All pharmacy technicians and pharmacy technician trainees who compound sterile preparations for administration to patients shall:(I) have initial training obtained either through completion of:(-a-) a single course, a minimum of 40 hours of instruction and experience in the areas listed in paragraph (4)(D) of this subsection. Such training shall be obtained through completion of a course sponsored by an ACPE accredited provider which provides 40 hours of instruction and experience; or(-b-) a training program which is accredited by the American Society of Health-System Pharmacists.(II) and(-a-) complete a structured on-the-job didactic and experiential training program at this pharmacy which provides sufficient hours of instruction and experience in the pharmacy's sterile compounding processes and procedures. Such training may not be transferred to another pharmacy unless the pharmacies are under common ownership and control and use a common training program; and(-b-) possess knowledge about:(-1-) aseptic processing;(-2-) quality control and quality assurance as related to environmental, component, and finished preparation release checks and tests;(-3-) chemical, pharmaceutical, and clinical properties of drugs;(-4-) container, equipment, and closure system selection; and(-5-) sterilization techniques.(iii) Individuals enrolled in training programs accredited by the American Society of Health-System Pharmacists may compound sterile preparations in a licensed pharmacy provided the:(I) compounding occurs only during times the individual is assigned to a pharmacy as a part of the experiential component of the American Society of Health-System Pharmacists training program;(II) individual is under the direct supervision of and responsible to a pharmacist who has completed training as specified in paragraph (2) of this subsection;(III) supervising pharmacist conducts periodic in-process checks as defined in the pharmacy's policy and procedures; and(IV) supervising pharmacist conducts a final check.(iv) The required experiential portion of the training programs specified in this subparagraph shall be supervised by an individual who is actively engaged in performing sterile compounding, is qualified and has completed training as specified in paragraph (2) of this subsection or this paragraph.(v) In order to renew a registration as a pharmacy technician, during the previous registration period, a pharmacy technician engaged in sterile compounding shall complete a minimum of:(I) two hours of ACPE accredited continuing education relating to one or more of the areas listed in paragraph (4)(D) of this subsection if the pharmacy technician is engaged in compounding Category 1 or Category 2 compounded sterile preparations; or(II) four hours of ACPE accredited continuing education relating to one or more of the areas listed in paragraph (4)(D) of this subsection if the pharmacy technician is engaged in compounding Category 2 prepared from any non-sterile starting component or Category 3 compounded sterile preparations.(4) Evaluation and testing requirements.(A) All persons who perform or oversee compounding or support activities shall be trained in the pharmacy's SOPs. All pharmacy personnel preparing sterile preparations shall be trained conscientiously and skillfully by expert personnel through multimedia instructional sources and professional publications in the theoretical principles and practical skills of aseptic manipulations, garbing procedures, aseptic work practices, achieving and maintaining ISO Class 5 environmental conditions, and cleaning and disinfection procedures before beginning to prepare compounded sterile preparations.(B) All pharmacy personnel preparing sterile preparations shall perform didactic review and pass written testing of aseptic manipulative skills initially and every 12 months.(C) Pharmacy personnel who fail written tests or whose media-fill tests result in gross microbial colonization shall:(i) be immediately re-instructed and re-evaluated by expert compounding personnel to ensure correction of all aseptic practice deficiencies; and(ii) not be allowed to compound sterile preparations for patient use until passing results are achieved.(D) The didactic and experiential training shall include instruction, experience, and demonstrated proficiency in the following areas:(i) aseptic technique;(ii) critical area contamination factors;(iii) environmental monitoring;(iv) structure and engineering controls related to facilities;(v) equipment and supplies;(vi) sterile preparation calculations and terminology;(vii) sterile preparation compounding documentation;(viii) quality assurance procedures;(ix) aseptic preparation procedures including proper gowning and gloving technique;(x) handling of hazardous drugs, if applicable;(xi) cleaning procedures; and(xii) general conduct in the clean room.(E) The aseptic technique of all compounding personnel and personnel who have direct oversight of compounding personnel but do not compound shall be observed and evaluated by expert personnel as satisfactory through written and practical tests, and media-fill testing, and such evaluation documented. Compounding personnel shall not evaluate their own aseptic technique or results of their own media-fill testing. The pharmacy's SOPs shall define the aseptic technique evaluation for personnel who do not compound nor have direct oversight of compounding personnel such as personnel who restock or clean and disinfect the sterile compounding area, personnel who perform in-process checks or final verification of compounded sterile preparations, and others (e.g., maintenance personnel, certifiers, contractors, inspectors, surveyors).(F) Media-fill tests shall be conducted at each pharmacy where an individual compounds sterile preparations under the most challenging or stressful conditions. If pharmacies are under common ownership and control, the media-fill testing may be conducted at only one of the pharmacies provided each of the pharmacies are operated under equivalent policies and procedures and the testing is conducted under the most challenging or stressful conditions. In addition, each pharmacy shall maintain documentation of the media-fill test. No preparation intended for patient use shall be compounded by an individual until the on-site media-fill tests indicate that the individual can competently perform aseptic procedures, except that a pharmacist may temporarily compound sterile preparations and supervise pharmacy technicians compounding sterile preparations without media-fill tests provided the pharmacist completes the on-site media-fill tests within seven days of commencing work at the pharmacy.(G) For media-fill testing of compounds using only sterile starting components, the components shall be manipulated in a manner that simulates sterile-to-sterile compounding activities. The sterile soybean-casein digest media shall be transferred into the same types of container closure systems commonly used at the pharmacy. (H) For media-fill testing of compounds using any non-sterile starting components, a commercially available non-sterile soybean-casein digest powder shall be dissolved in non-bacteriostatic water to make a 3.0% non-sterile solution. The components shall be manipulated in a manner that simulates non-sterile-to-sterile compounding activities. At least one container shall be prepared as the positive control to demonstrate growth promotion, as indicated by visible turbidity upon incubation.(I) Final containers shall be incubated in an incubator at 20 to 25 degrees Celsius and 30 to 35 degrees Celsius for a minimum of 7 days at each temperature band to detect a broad spectrum of microorganisms. The order of the incubation temperatures shall be described in the pharmacy's SOPs. Failure is indicated by visible turbidity or other visual manifestations of growth in the media in one or more container closure unit(s) on or before the end of the incubation period.(J) The pharmacist-in-charge shall ensure continuing competency of pharmacy personnel through in-service education, training, and media-fill tests to supplement initial training. Personnel competency shall be evaluated:(i) during orientation and training prior to the regular performance of those tasks;(ii) whenever the quality assurance program yields an unacceptable result;(iii) whenever unacceptable techniques are observed; and(iv) at least every 12 months, with the exception of media-fill testing which shall be completed every six months for compounding personnel.(K) The pharmacist-in-charge shall ensure that proper hand hygiene and garbing practices of all compounding personnel and personnel who have direct oversight of compounding personnel but do not compound are evaluated prior to compounding, supervising, or verifying sterile preparations intended for patient use and whenever an aseptic media-fill is performed.(i) Gloved fingertip sampling shall be performed for all compounding personnel and personnel who have direct oversight of compounding personnel but do not compound. If pharmacies are under common ownership and control, the gloved fingertip and thumb sampling may be conducted at only one of the pharmacies provided each of the pharmacies are operated under equivalent policies and procedures and the testing is conducted under the most challenging or stressful conditions. In addition, each pharmacy shall maintain documentation of the gloved fingertip and thumb sampling.(ii) All compounding personnel and personnel who have direct oversight of compounding personnel but do not compound shall demonstrate competency in proper hand hygiene and garbing procedures and in aseptic work practices (e.g., disinfection of component surfaces, routine disinfection of gloved hands).(iii) Sterile sampling media devices shall be used to sample the gloved fingertips of compounding personnel and personnel who have direct oversight of compounding personnel but do not compound after garbing in order to assess garbing competency and after completing the media-fill preparation (without applying sterile 70% IPA).(iv) The visual observation shall be documented and maintained to provide a permanent record and long-term assessment of personnel competency.(v) All compounding personnel and personnel who have direct oversight of compounding personnel but do not compound shall successfully complete an initial competency evaluation and gloved fingertip and thumb sampling procedure no less than three times before initially being allowed to compound sterile preparations for patient use. Immediately after the personnel completes the hand hygiene and garbing procedure (i.e., after donning of sterile gloves and before any disinfecting with sterile 70% IPA), the evaluator will collect a gloved fingertip and thumb sample from both hands of the compounding personnel onto contact plates or swabs by having the individual lightly touching each fingertip onto the testing medium. Samples shall be incubated in an incubator. The media device shall be incubated at 30 to 35 degrees Celsius for no less than 48 hours and then at 20 to 25 degrees Celsius for no less than five additional days. Alternatively, to shorten the overall incubation period, two sampling media devices may be incubated concurrently in separate incubators with one media device incubated at 30 to 35 degrees Celsius for no less than 48 hours and the other media device incubated at 20 to 25 degrees Celsius for no less than five days. Media devices shall be handled and stored so as to avoid contamination and prevent condensate from dropping onto the agar during incubation and affecting the accuracy of the cfu reading (e.g., invert containers). Action levels for gloved fingertip and thumb sampling are based on the total cfu count from both hands. Results of the initial gloved fingertip and thumb sampling evaluations after garbing shall indicate not greater than zero colony-forming units (0 cfu) growth on the contact plates or swabs, or the test shall be considered a failure. Results of the initial gloved fingertip evaluations after media-fill testing shall indicate not greater than three colony-forming units (3 cfus) growth on the contact plates or swabs, or the test shall be considered a failure. In the event of a failed gloved fingertip and thumb test, the evaluation shall be repeated until the individual can successfully don sterile gloves and pass the gloved fingertip and thumb sampling evaluation, defined as zero cfus growth. Surface sampling of the direct compounding area shall be performed. No preparation intended for patient use shall be compounded by an individual until the results of the initial gloved fingertip and thumb and surface sampling evaluations indicate that the individual can competently perform aseptic procedures except that a pharmacist may temporarily physically supervise pharmacy technicians compounding sterile preparations before the results of the evaluation have been received for no more than three days from the date of the test.(vi) Re-evaluation of all compounding personnel shall occur at least every six months. Re-evaluation of personnel who have direct oversight of compounding personnel but do not compound shall occur at least every 12 months. Results of gloved fingertip and thumb tests conducted immediately after compounding personnel complete a compounding procedure shall indicate no more than 3 cfus growth, or the test shall be considered a failure, in which case, the evaluation shall be repeated until an acceptable test can be achieved (i.e., the results indicated no more than 3 cfus growth).(vii) Personnel who have direct oversight of compounding personnel but do not compound shall complete a garbing competency evaluation every 12 months. The pharmacy's SOPs shall define the garbing competency evaluation for personnel who do not compound nor have direct oversight of compounding personnel such as personnel who restock or clean and disinfect the sterile compounding area, personnel who perform in-process checks or final verification of compounded sterile preparations, and others (e.g., maintenance personnel, certifiers, contractors, inspectors, surveyors).(L) The pharmacist-in-charge shall ensure surface sampling shall be conducted in all ISO classified areas on a periodic basis. Sampling shall be accomplished using contact plates or swabs at the conclusion of compounding. The sample area shall be gently touched with the agar surface by rolling the plate across the surface to be sampled.(i) Each classified area, including each room and the interior of each ISO Class 5 primary engineering control (PEC) and pass-through chambers connecting to classified areas (e.g., equipment contained within the PEC, staging or work area(s) near the PEC, frequently touched areas), shall be sampled for microbial contamination using a risk-based approach.(ii) For pharmacies compounding Category 1 or Category 2 compounded sterile preparations, surface sampling of all classified areas and pass-through chambers connecting to classified areas shall be conducted at least monthly. For pharmacies compounding any Category 3 compounded sterile preparations, surface sampling of all classified areas and pass-through chambers connecting to classified areas shall be completed prior to assigning a beyond-use-date longer than the limits established for Category 2 compounded sterile preparations and at least weekly on a regularly scheduled basis regardless of the frequency of compounding Category 3 compounded sterile preparations.(iii) The following action levels for surface sampling apply:(I) for ISO Class 5, greater than 3 cfus per media device;(II) for ISO Class 7, greater than 5 cfus per media device; and(III) for ISO Class 8, greater than 50 cfus per media device.(iv) If levels measured during surface sampling exceed the levels in clause (iii) of this subparagraph for the ISO classification levels of the area sampled, the cause shall be investigated and corrective action shall be taken. Data collected in response to corrective actions shall be reviewed to confirm that the actions taken have been effective. The corrective action plan shall be dependent on the cfu count and the microorganism recovered. The corrective action plan shall be documented. If levels measured during surface sampling exceed the levels in clause (iii) of this subparagraph, an attempt shall be made to identify any microorganism recovered to the genus level with the assistance of a competent microbiologist.(M) Personnel who only perform restocking or cleaning and disinfecting duties outside of the primary engineering control shall complete ongoing training as required by the pharmacy's SOPs.(5) Documentation of training. The pharmacy shall maintain a record of the training and continuing education on each person who compounds sterile preparations. The record shall contain, at a minimum, a written record of initial and in-service training, education, and the results of written and practical testing and media-fill testing of pharmacy personnel. The record shall be maintained and available for inspection by the board and contain the following information:(A) name of the person receiving the training or completing the testing or media-fill tests;(B) date(s) of the training, testing, or media-fill testing;(C) general description of the topics covered in the training or testing or of the process validated;(D) name of the person supervising the training, testing, or media-fill testing; and(E) signature or initials of the person receiving the training or completing the testing or media-fill testing and the pharmacist-in-charge or other pharmacist employed by the pharmacy and designated by the pharmacist-in-charge as responsible for training, testing, or media-fill testing of personnel.(d) Operational standards.(1) General requirements.(A) Sterile preparations may be compounded:(i) upon presentation of a practitioner's prescription drug or medication order based on a valid pharmacist/patient/prescriber relationship;(ii) in anticipation of future prescription drug or medication orders based on routine, regularly observed prescribing patterns; or(iii) in reasonable quantities for office use by a practitioner and for use by a veterinarian.(B) Sterile compounding in anticipation of future prescription drug or medication orders shall be based upon a history of receiving valid prescriptions issued within an established pharmacist/patient/prescriber relationship, provided that in the pharmacist's professional judgment the quantity prepared is stable for the anticipated shelf time. The maximum batch size for all preparations requiring sterility testing shall be limited to 250 final yield units, except the maximum batch size shall be limited to 1,000 final yield units for preparations fully packaged using an automated compounding device (e.g., repeater pump).(i) The pharmacist's professional judgment shall be based on the criteria used to determine a beyond-use date outlined in paragraph (8)(J) of this subsection.(ii) Documentation of the criteria used to determine the stability for the anticipated shelf time shall be maintained and be available for inspection.(iii) Any preparation compounded in anticipation of future prescription drug or medication orders shall be labeled. Such label shall contain:(I) name and strength of the compounded preparation or list of the active ingredients and strengths;(II) facility's lot number;(III) beyond-use date as determined by the pharmacist using appropriate documented criteria as outlined in paragraph (8)(J) of this subsection;(IV) quantity or amount in the container;(V) appropriate ancillary instructions, such as storage instructions or cautionary statements, including hazardous drug warning labels where appropriate; and(VI) device-specific instructions, where appropriate.(C) Commercially available products may be compounded for dispensing to individual patients or for office use provided the following conditions are met:(i) the commercial product is not reasonably available from normal distribution channels in a timely manner to meet individual patient's needs;(ii) the pharmacy maintains documentation that the product is not reasonably available due to a drug shortage or unavailability from the manufacturer; and(iii) the prescribing practitioner has requested that the drug be compounded as described in subparagraph (D) of this paragraph. (D) A pharmacy may not compound preparations that are essentially copies of commercially available products (e.g., the preparation is dispensed in a strength that is only slightly different from a commercially available product) unless the prescribing practitioner specifically orders the strength or dosage form and specifies why the individual patient needs the particular strength or dosage form of the preparation or why the preparation for office use is needed in the particular strength or dosage form of the preparation. The prescribing practitioner shall provide documentation of a patient specific medical need and the preparation produces a clinically significant therapeutic response (e.g., the physician requests an alternate preparation due to hypersensitivity to excipients or preservative in the FDA-approved product, or the physician requests an effective alternate dosage form) or if the drug product is not commercially available. The unavailability of such drug product shall be documented prior to compounding. The methodology for documenting unavailability includes maintaining a copy of the wholesaler's notification showing back-ordered, discontinued, or out-of-stock items. This documentation shall be available in hard-copy or electronic format for inspection by the board.(E) A pharmacy may enter into an agreement to compound and dispense prescription drug or medication orders for another pharmacy provided the pharmacy complies with the provisions of §291.125 of this title (relating to Centralized Prescription Dispensing).(F) Compounding pharmacies/pharmacists may advertise and promote the fact that they provide sterile prescription compounding services, which may include specific drug preparations and classes of drugs.(G) A pharmacy may not compound veterinary preparations for use in food producing animals except in accordance with federal guidelines.(H) Compounded sterile preparations, including hazardous drugs and radiopharmaceuticals, shall be prepared only under conditions that protect the pharmacy personnel in the preparation and storage areas.(2) Compounded sterile preparation categories. Category 1, Category 2, and Category 3 are primarily based on the state of environmental control under which they are compounded, the probability for microbial growth during the time they will be stored, and the time period within which they must be used.(A) A Category 1 compounded sterile preparation is a compounded sterile preparation that is assigned a beyond-use date in accordance with paragraph (8)(J)(ii)(I) of this subsection and all applicable requirements of this section for Category 1 compounded sterile preparations.(B) A Category 2 compounded sterile preparation is a compounded sterile preparation that is assigned a beyond-use date in accordance with paragraph (8)(J)(ii)(II) of this subsection and all applicable requirements of this section for Category 2 compounded sterile preparations.(C) A Category 3 compounded sterile preparation is a compounded sterile preparation that is assigned a beyond-use date in accordance with paragraph (8)(J)(ii)(III) of this subsection and all applicable requirements of this section for Category 3 compounded sterile preparations.(3) Depyrogenation. Dry heat depyrogenation shall be used to render glassware, metal, and other thermostable containers and components pyrogen free. The duration of the exposure period shall include sufficient time for the items to reach the depyrogenation temperature. The items shall remain at the depyrogenation temperature for the duration of the depyrogenation period. The effectiveness of the dry heat depyrogenation cycle shall be established initially and verified annually using endotoxin challenge vials to demonstrate that the cycle is capable of achieving a greater than or equal to 3-log reduction in endotoxins. The effectiveness of the depyrogenation cycle shall be re-established if there are changes to the depyrogenation cycle described in the pharmacy's SOPs (e.g., changes in load conditions, duration, or temperature). This verification shall be documented.(4) Immediate use compounded sterile preparations. When all of the following conditions are met, compounding of compounded sterile preparations for direct and immediate administration is not subject to the requirements for Category 1, Category 2, or Category 3 compounded sterile preparations:(A) Only simple aseptic measuring and transfer manipulations are performed with not more than three different sterile drug products, including an infusion or diluent solution, from the manufacturers' original containers and not more than two entries into any one container or package of sterile infusion solution or administration container/device; (B) Unless required for the preparation, the compounding procedure occurs continuously without delays or interruptions and does not exceed 1 hour;(C) During preparation, aseptic technique is followed and, if not immediately administered, the finished compounded sterile preparation is under continuous supervision to minimize the potential for contact with nonsterile surfaces, introduction of particulate matter of biological fluids, mix-ups with other compounded sterile preparations, and direct contact with outside surfaces;(D) Administration begins not later than four hours following the start of preparing the compounded sterile preparation;(E) When the compounded sterile preparation is not administered by the person who prepared it, or its administration is not witnessed by the person who prepared it, the compounded sterile preparation shall bear a label listing patient identification information such as name and identification number(s), the names and amounts of all ingredients, the name or initials of the person who prepared the compounded sterile preparation, and the exact 4-hour beyond-use time and date;(F) If administration has not begun within four hours following the completion of preparing the compounded sterile preparation, the compounded sterile preparation is promptly and safely discarded. Immediate use compounded sterile preparations shall not be stored for later use;(G) Hazardous drugs shall not be prepared as immediate use compounded sterile preparations; and(H) Personnel are trained and demonstrate competency in aseptic processes as they relate to assigned tasks and the pharmacy's SOPs.(5) Single-dose and multiple-dose containers.(A) Opened or needle punctured single-dose containers, such as bags bottles, syringes, and vials of sterile products shall be used within one hour if opened in worse than ISO Class 5 air quality. Any remaining contents shall be discarded.(B) If a single-dose vial is entered or punctured only in ISO Class 5 or cleaner air, it may be used up to 12 hours after initial entry or puncture as long as the labeled storage requirements during that 12 hour period are maintained.(C) Open single-dose ampules shall not be stored for any time period.(D) Once initially entering or puncturing a multiple-dose container, the multiple-dose container shall not be used for more than 28 days unless otherwise specified by the manufacturer on the labeling.(E) Conventionally manufactured pharmacy bulk packages shall be restricted to the sterile preparation of admixtures for infusion or, through a sterile transfer device, for the filling of empty sterile containers. The pharmacy bulk package shall be used according to the manufacturer's labeling and entered or punctured only in an ISO Class 5 primary engineering control.(F) Multiple-dose compounded sterile preparations shall meet the criteria for antimicrobial effectiveness testing and the requirements of subparagraph (G) of this paragraph. Multiple-dose compounded sterile preparations shall be stored under conditions upon which the beyond-use date is based (e.g., refrigerator or controlled room temperature). After a multiple-dose compounded sterile preparation is initially entered or punctured, the multiple-dose compounded sterile preparation shall not be used for longer than the assigned beyond-use date or 28 days, whichever is shorter.(G) A multiple-dose compounded sterile preparation shall be prepared as a Category 2 or Category 3 compounded sterile preparation. An aqueous multiple-dose compounded sterile preparation shall additionally pass antimicrobial effectiveness testing. In the absence of supporting documentation or data in a USP/NF monograph, manufacturer's data, or previously conducted or contracted for testing, compounding personnel may rely on antimicrobial effectiveness testing conducted or contracted for in the particular container closure system in which it will be packaged.(H) In the absence of container closure data, the container closure system used to package the multiple-dose compounded sterile preparation shall be evaluated for and conform to container closure integrity. The container closure integrity test shall be conducted only once in the particular container closure system in which the multiple-dose compounded sterile preparation shall be packaged.(I) Multiple-dose, nonpreserved, aqueous topical, and topical ophthalmic compounded sterile preparations. Antimicrobial effectiveness testing under subparagraph (G) of this paragraph is not required if the preparation is prepared as a Category 2 or Category 3 compounded sterile preparation, for use by a single patient, and labeled to indicate that once opened, it shall be discarded after 24 hours when stored at controlled room temperature, 72 hours when stored under refrigeration, or 90 days when frozen if based on documented published stability and effectiveness data.(J) When a single-dose compounded sterile preparation or compounded sterile preparation stock solution is used as a component to compound additional compounded sterile preparations, the original single-dose compounded sterile preparation or compounded sterile preparation stock solution shall be entered or punctured in ISO Class 5 or cleaner air and stored under the conditions upon which its beyond-use date is based (e.g., refrigerator or controlled room temperature). The component compounded sterile preparation may be used for sterile compounding for up to 12 hours once accessed or its assigned beyond-use date, whichever is shorter, and any remainder shall be discarded.(6) Proprietary bag and vial systems. Docking and activation of proprietary bag and vial systems in accordance with the manufacturer's labeling for immediate administration to an individual patient is not considered compounding and may be performed outside of an ISO Class 5 environment. Docking of the proprietary bag and vial system for future activation and administration is considered compounding and shall be performed in an ISO Class 5 environment. Beyond-use dates for proprietary bag and vial systems shall not be longer than those specified in the manufacturer's labeling.(7) Library. In addition to the library requirements of the pharmacy's specific license classification, a pharmacy shall maintain current or updated copies in hard-copy or electronic format of each of the following:(A) a reference text on injectable drug preparations, such as Handbook on Injectable Drug Products;(B) a specialty reference text appropriate for the scope of pharmacy services provided by the pharmacy, e.g., if the pharmacy prepares hazardous drugs, a reference text on the preparation of hazardous drugs;(C) the United States Pharmacopeia/National Formulary containing USP Chapter 71, Sterility Tests, USP Chapter 85, Bacterial Endotoxins Test, Pharmaceutical Compounding--Nonsterile Preparations, USP Chapter 795, USP Chapter 797, Pharmaceutical Compounding--Sterile Preparations, and USP Chapter 1163, Quality Assurance in Pharmaceutical Compounding; and(D) any additional USP/NF chapters applicable to the practice of the pharmacy (e.g., USP Chapter 800, Hazardous Drugs--Handling in Healthcare Settings, USP Chapter 823, Positron Emission Tomography Drugs for Compounding, Investigational, and Research Uses).(8) Environment. Compounding facilities shall be physically designed and environmentally controlled to minimize airborne contamination from contacting critical sites.(A) Air exchange requirements. For cleanroom suites, adequate HEPA-filtered airflow to the buffer room(s) and anteroom(s) is required to maintain appropriate ISO classification during compounding activities. Airflow is measured in terms of the number of air changes per hour (ACPH).(i) Unclassified sterile compounding area. No requirement for ACPH.(ii) ISO Class 7 room(s). A minimum of 30 total HEPA-filtered ACPH shall be supplied to ISO Class 7 rooms. At least 15 ACPH of the total air change rate in a room shall come from the HVAC through HEPA filters located in the ceiling. The ACPH from HVAC, ACPH contributed from the PEC, and the total ACPH shall be documented on the certification report.(iii) ISO Class 8 room(s). A minimum of 20 total HEPA-filtered ACPH shall be supplied to ISO Class 8 rooms. At least 15 ACPH of the total air change rate in a room shall come from the HVAC through HEPA filters located in the ceiling. The total ACPH shall be documented on the certification report.(B) Cleanroom suite. Seals and sweeps should not be installed at doors between buffer rooms and anterooms. Access doors should be hands-free. Tacky mats shall not be placed within ISO-classified areas.(C) Category 1 and Category 2 preparations. A pharmacy that prepares Category 1 compounded sterile preparations outside of a segregated compounding area or Category 2 compounded sterile preparations shall have a clean room for the compounding of sterile preparations that is constructed to minimize the opportunities for particulate and microbial contamination. The clean room shall:(i) be clean, well lit, and of sufficient size to support sterile compounding activities;(ii) be maintained at a temperature of 20 degrees Celsius or cooler, except that a clean room for the compounding of sterile radiopharmaceuticals shall be maintained at a temperature of 25 degrees Celsius or cooler, and at a humidity of 60% or below, with excursions in temperature or humidity of no more than 10% and lasting no longer than 30 minutes;(iii) be used only for the compounding of sterile preparations; (iv) be designed such that hand sanitizing and gowning occurs outside the buffer room but allows hands-free access by compounding personnel to the buffer room;(v) have non-porous and washable floors or floor covering to enable regular disinfection;(vi) be ventilated in a manner to avoid disruption from the HVAC system and room cross-drafts;(vii) have walls, ceilings, floors, fixtures, shelving, counters, and cabinets that are smooth, impervious, free from cracks and crevices (e.g., coved), non-shedding and resistant to damage by disinfectant agents;(viii) have junctures of ceilings to walls coved or caulked to avoid cracks and crevices;(ix) have drugs and supplies stored on shelving areas above the floor to permit adequate floor cleaning;(x) contain only the appropriate compounding supplies and not be used for bulk storage for supplies and materials. Objects that shed particles shall not be brought into the clean room. A Class B pharmacy may use low-linting absorbent materials in the primary engineering control device;(xi) contain an anteroom that contains a sink with hot and cold running water that enables hands-free use with a closed system of soap dispensing to minimize the risk of extrinsic contamination. A Class B pharmacy may have a sink with hot and cold running water that enables hands-free use with a closed system of soap dispensing immediately outside the anteroom if antiseptic hand cleansing is performed using a waterless alcohol-based surgical hand scrub with persistent activity following manufacturers' recommendations once inside the anteroom; and(xii) contain a buffer room. The buffer room shall not contain sources of water (i.e., sinks) or floor drains other than distilled or sterile water introduced for facilitating the use of heat block wells for radiopharmaceuticals.(D) Category 2 prepared from any non-sterile starting component and Category 3 preparations.(i) In addition to the requirements in subparagraph (C) of this paragraph, when Category 2 prepared from any non-sterile starting component or Category 3 compounded sterile preparations are compounded, the primary engineering control shall be located in a buffer room that provides a physical separation, through the use of walls, doors and pass-throughs and has a minimum differential positive pressure of 0.02 inches water column.(ii) Presterilization procedures for Category 2 prepared from any non-sterile starting component or Category 3 compounded sterile preparations, such as weighing and mixing, shall be completed in no worse than an ISO Class 8 environment using depyrogenated equipment.(E) Automated compounding device.(i) General. If automated compounding devices are used, the pharmacy shall have a method to calibrate and verify the accuracy of automated compounding devices used in aseptic processing and document the calibration and verification on a daily basis, based on the manufacturer's recommendations, and review the results at least weekly.(ii) Loading bulk drugs into automated compounding devices.(I) Automated compounding devices may be loaded with bulk drugs only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.(II) The label of an automated compounding device container shall indicate the brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor.(III) Records of loading bulk drugs into an automated compounding device shall be maintained to show:(-a-) name of the drug, strength, and dosage form;(-b-) manufacturer or distributor;(-c-) manufacturer's lot number;(-d-) manufacturer's expiration date;(-e-) quantity added to the automated compounding device;(-f-) date of loading;(-g-) name, initials, or electronic signature of the person loading the automated compounding device; and(-h-) name, initials, or electronic signature of the responsible pharmacist.(IV) The automated compounding device shall not be used until a pharmacist verifies that the system is properly loaded and affixes his or her signature or electronic signature to the record specified in subclause (III) of this clause.(F) Hazardous drugs. If the preparation is hazardous, the following is also applicable:(i) Hazardous drugs shall be prepared only under conditions that protect personnel during preparation and storage;(ii) Hazardous drugs shall be stored separately from other inventory in a manner to prevent contamination and personnel exposure;(iii) All personnel involved in the compounding of hazardous drugs shall wear appropriate protective apparel, such as gowns, face masks, eye protection, hair covers, shoe covers or dedicated shoes, and appropriate gloving at all times when handling hazardous drugs, including receiving, distribution, stocking, inventorying, preparation, for administration and disposal;(iv) Appropriate safety and containment techniques for compounding hazardous drugs shall be used in conjunction with aseptic techniques required for preparing sterile preparations;(v) Disposal of hazardous waste shall comply with all applicable local, state, and federal requirements;(vi) Prepared doses of hazardous drugs shall be dispensed, labeled with proper precautions inside and outside, and distributed in a manner to minimize patient contact with hazardous agents.(G) Blood-labeling procedures. When compounding activities require the manipulation of a patient's blood-derived material (e.g., radiolabeling a patient's or donor's white blood cells), the manipulations shall be performed in an ISO Class 5 biological safety cabinet located in a buffer room and shall be clearly separated from routine material-handling procedures and equipment used in preparation activities to avoid any cross-contamination. The preparations shall not require sterilization.(H) Cleaning and disinfecting the sterile compounding areas. The following cleaning and disinfecting practices and frequencies apply to direct and contiguous compounding areas, which include ISO Class 5 compounding areas for exposure of critical sites as well as buffer rooms, anterooms, and segregated compounding areas.(i) The pharmacist-in-charge is responsible for developing written standard operating procedures (SOPs) for cleaning and disinfecting the direct and contiguous compounding areas and assuring the procedures are followed.(ii) In a PEC, sterile 70% IPA shall be applied after cleaning and disinfecting, or after the application of a one-step disinfectant cleaner or sporicidal disinfectant, to remove any residue. Sterile 70% IPA shall also be applied immediately before initiating compounding. During the compounding process sterile 70% IPA shall be applied to the horizontal work surface, including any removable work trays, of the PEC at least every 30 minutes if the compounding process takes 30 minutes or less. If the compounding process takes more than 30 minutes, compounding shall not be disrupted and the work surface of the PEC shall be disinfected immediately after compounding.(iii) Surfaces shall be cleaned prior to being disinfected unless a one-step disinfectant cleaner is used to accomplish both the cleaning and disinfection in one step. The manufacturer's directions or published data for the minimum contact time shall be followed for each of the cleaning, disinfecting, and sporicidal disinfectants used. When sterile 70% IPA is used, it shall be allowed to dry. In a Class B pharmacy, objects used in preparing sterile radiopharmaceuticals (e.g., dose calibrator) which cannot be reasonably removed from the compounding area shall be sterilized with an application of a residue-free disinfection agent.(iv) Surfaces in classified areas used to prepare Category 1, Category 2, and Category 3 compounded sterile preparations shall be cleaned, disinfected, and sporicidal disinfectants applied in accordance with the following:(I) PEC(s) and equipment inside PEC(s).(-a-) Equipment and all interior surfaces of the PEC shall be cleaned daily on days when compounding occurs and when surface contamination is known or suspected. Equipment and all interior surfaces of the PEC shall be disinfected on days when compounding occurs and when surface contamination is known or suspected. Sporicidal disinfectants shall be applied monthly for pharmacies compounding Category 1 or Category 2 compounded sterile preparations and weekly for pharmacies compounding Category 3 compounded sterile preparations.(-b-) Cleaning and disinfecting agents, with the exception of sporicidal disinfectants, used within the PEC shall be sterile. When diluting concentrated cleaning and disinfecting agents for use in the PEC, sterile water shall be used.(II) Removable work tray of the PEC, when applicable. Work surfaces of the tray shall be cleaned daily on days when compounding occurs and all surfaces and the area underneath the work tray shall be cleaned monthly. Work surfaces of the tray shall be disinfected on days when compounding occurs and all surfaces and the area underneath the work tray shall be disinfected monthly. Sporicidal disinfectants shall be applied monthly on work surfaces of the tray, all surfaces, and the area underneath the work tray monthly.(III) Pass-through chambers. Pass-through chambers shall be cleaned daily on days when compounding occurs and disinfected daily on days when compounding occurs. Sporicidal disinfectants shall be applied monthly for pharmacies compounding Category 1 or Category 2 compounded sterile preparations and weekly for pharmacies compounding Category 3 compounded sterile preparations.(IV) Work surface(s) outside the PEC. Work surfaces outside the PEC shall be cleaned daily on days when compounding occurs and disinfected daily on days when compounding occurs. Sporicidal disinfectants shall be applied monthly for pharmacies compounding Category 1 or Category 2 compounded sterile preparations and weekly for pharmacies compounding Category 3 compounded sterile preparations.(V) Floor(s). Floors shall be cleaned daily on days when compounding occurs and disinfected daily on days when compounding occurs. Sporicidal disinfectants shall be applied monthly for pharmacies compounding Category 1 or Category 2 compounded sterile preparations and weekly for pharmacies compounding Category 3 compounded sterile preparations.(VI) Wall(s), door(s), door frame(s), storage shelving and bin(s), and equipment outside of the PEC(s). Walls, doors, door frames, storage shelving and bins, and equipment outside of the PECs shall be cleaned, disinfected, and sporicidal disinfectants applied on a monthly basis.(VII) Ceiling(s). Ceilings of the classified areas shall be cleaned, disinfected, and sporicidal disinfectant applied on a monthly basis. Ceilings of the segregated compounding area shall be cleaned, disinfected, and sporicidal disinfectants applied when visibly soiled and when surface contamination is known or suspected.(v) All cleaning materials, such as wipers, sponges, and mops, shall be non-shedding, and dedicated to use in the buffer room, anteroom, and segregated compounding areas and shall not be removed from these areas except for disposal. Floor mops may be used in both the buffer room and anteroom, but only in that order. If cleaning materials are reused, procedures shall be developed that ensure that the effectiveness of the cleaning device is maintained and that repeated use does not add to the bio-burden of the area being cleaned.(vi) Supplies and equipment removed from shipping cartons shall be wiped with a disinfecting agent, such as sterile IPA. After the disinfectant is sprayed or wiped on a surface to be disinfected, the disinfectant shall be allowed to dry, during which time the item shall not be used for compounding purposes. However, if sterile supplies are received in sealed pouches, the pouches may be removed as the supplies are introduced into the ISO Class 5 area without the need to disinfect the individual sterile supply items. No shipping or other external cartons may be taken into the buffer room or segregated compounding area.(vii) Before any item is introduced into the clean side of the anteroom(s), placed into pass-through chamber(s), or brought into the segregated compounding area, providing that packaging integrity will not be compromised, the item shall be wiped with a sporicidal disinfectant, EPA-registered disinfectant, or sterile 70% IPA using low-lint wipers by personnel wearing gloves. If an EPA-registered disinfectant or sporicidal disinfectant is used, the agent shall be allowed to dwell the minimum contact time specified by the manufacturer. If sterile 70% IPA is used, it shall be allowed to dry. The wiping procedure should not compromise the packaging integrity or render the product label unreadable.(viii) Immediately before any item is introduced into the PEC, it shall be wiped with sterile 70% IPA using sterile low-lint wipers and allowed to dry before use. When sterile items are received in sealed containers designed to keep them sterile until opening, the sterile items may be removed from the covering as the supplies are introduced into the ISO Class 5 PEC without the need to wipe the individual sterile supply items with sterile 70% IPA. The wiping procedure shall not render the product label unreadable.(ix) Critical sites (e.g., vial stoppers, ampule necks, and intravenous bag septums) shall be wiped with sterile 70% IPA in the PEC to provide both chemical and mechanical actions to remove contaminants. The sterile 70% IPA shall be allowed to dry before personnel enter or puncture stoppers and septums or break the necks of ampules.(x) Cleaning shall be done by personnel trained in appropriate cleaning techniques.(xi) Proper documentation and frequency of cleaning shall be maintained and shall contain the following:(I) date of cleaning;(II) type of cleaning performed; and(III) name of individual who performed the cleaning.(I) Security requirements. The pharmacist-in-charge may authorize personnel to gain access to that area of the pharmacy containing dispensed sterile preparations, in the absence of the pharmacist, for the purpose of retrieving dispensed prescriptions to deliver to patients. If the pharmacy allows such after-hours access, the area containing the dispensed sterile preparations shall be an enclosed and lockable area separate from the area containing undispensed prescription drugs. A list of the authorized personnel having such access shall be in the pharmacy's policy and procedure manual.(J) Storage requirements and beyond-use dating.(i) Storage requirements. All drugs shall be stored at the proper temperature and conditions, as defined in the USP/NF and in §291.15 of this title (relating to Storage of Drugs).(ii) Beyond-use dating. When assigning a beyond-use date, compounding personnel shall consult and apply drug-specific and general stability documentation and literature where available, and they should consider the nature of the drug and its degradation mechanism, the container in which it is packaged, the expected storage conditions, and the intended duration of therapy. A shorter beyond-use date shall be assigned when the physical and chemical stability of the preparation is less than the beyond-use date limits provided in subclauses (I) - (III) of this clause.(I) Beyond-use date limits for Category 1 compounded sterile preparations. Category 1 compounded sterile preparations shall be prepared in a segregated compounding area or cleanroom suite and have a beyond-use date of not more than 12 hours when stored at controlled room temperature or 24 hours when stored in a refrigerator.(II) Beyond-use date limits for Category 2 compounded sterile preparations. Category 2 compounded sterile preparations shall be prepared in a cleanroom suite.(-a-) Aseptically processed compounded sterile preparations without sterility testing performed and passed.(-1-) If prepared from one or more non-sterile starting component(s), the preparation shall have a beyond-use date of not more than one day when stored at controlled room temperature, four days when stored in a refrigerator, or 45 days when stored in a freezer.(-2-) If prepared from only sterile starting component(s), the preparation shall have a beyond-use date of not more than four days when stored at controlled room temperature, 10 days when stored in a refrigerator, or 45 days when stored in a freezer.(-b-) Terminally sterilized compounded sterile preparations without sterility testing performed and passed shall have a beyond-use date of not more than 14 days when stored at controlled room temperature, 28 days when stored in a refrigerator, or 45 days when stored in a freezer.(-c-) If sterility testing is performed and passed, aseptically processed or terminally sterilized compounded sterile preparations shall have a beyond-use date of not more than 45 days when stored at controlled room temperature, 60 days when stored in a refrigerator, or 90 days when stored in a freezer.(-d-) A Category 2 compounded sterile preparation in a nonaqueous dosage form (i.e., water activity less than 0.6) may have a beyond-use date of not more than 90 days if based on documented current literature supporting stability and sterility.(III) Beyond-use date limits for Category 3 compounded sterile preparations. Category 3 compounded sterile preparations shall be prepared in a cleanroom suite.(-a-) Aseptically processed compounded sterile preparations that are sterility tested and passed all applicable tests for Category 3 compounded sterile preparations shall have a beyond-use date of not more than 60 days when stored at controlled room temperature, 90 days when stored in a refrigerator, or 120 days when stored in a freezer.(-b-) Terminally sterilized compounded sterile preparations that are sterility tested and passed all applicable tests for Category 3 compounded sterile preparations shall have a beyond-use date of not more than 90 days when stored at controlled room temperature, 120 days when stored in a refrigerator, or 180 days when stored in a freezer.(-c-) In the presence of documented published data supporting stability, aseptically processed or terminally sterilized aqueous compounded sterile preparations in batch sizes less than 24 final yield units without sterility and endotoxin testing shall have a beyond-use date of not more than 60 days when stored at controlled room temperature, 90 days when stored in a refrigerator, or 120 days when stored in a freezer. A pharmacy may only compound one batch of less than 24 final yield units of an aseptically processed or terminally sterilized aqueous compounded sterile preparation per day without sterility and endotoxin testing, with the exception of sterile compounding for a patient specific prescription.(-d-) A Category 3 compounded sterile preparation in a nonaqueous dosage form (i.e., water activity level less than 0.6) may have a beyond-use date of not more than 180 days if based on documented current literature supporting stability and sterility.(-e-) Additional requirements to assign Category 3 beyond-use dates to compounded sterile preparations.(-1-) Increased personnel competency requirements as specified in subsection (c)(4)(K) of this section apply to personnel who participate in or oversee the compounding of Category 3 compounded sterile preparations.(-2-) Category 3 garbing requirements as specified in paragraph (15)(C)(iv)(II) of this subsection apply to all personnel entering the buffer room where Category 3 compounded sterile preparations are compounded and apply at all times regardless of whether Category 3 compounded sterile preparations are being compounded on a given day.(-3-) Increased environmental monitoring requirements as specified in subsection (c)(4)(L) of this section and paragraph (16)(C)(vi) of this subsection apply to all classified areas where Category 3 compounded sterile preparations are compounded and apply at all times regardless of whether Category 3 compound sterile preparations are being compounded on a given day.(-4-) The frequency of application of sporicidal disinfectants as specified in paragraph (8)(H)(iv) of this subsection applies to all classified areas where Category 3 compounded sterile preparations are compounded and applies at all times regardless of whether Category 3 compounded sterile preparations are being compounded on a given day.(9) Primary engineering control device. The pharmacy shall prepare sterile preparations in a primary engineering control device (PEC), such as a laminar air flow hood, biological safety cabinet, compounding aseptic isolator (CAI), or compounding aseptic containment isolator (CACI) which is capable of maintaining at least ISO Class 5 conditions for 0.5 micron and larger particles while compounding sterile preparations.(A) Laminar air flow hood. If the pharmacy is using a laminar air flow hood as its PEC, the laminar air flow hood shall:(i) be located in the buffer room and placed in the buffer room in a manner as to avoid conditions that could adversely affect its operation such as strong air currents from opened doors, personnel traffic, or air streams from the heating, ventilating and air condition system;(ii) be certified for operational efficiency using certification procedures, such as those outlined in the Certification Guide for Sterile Compounding Facilities (CAG-003-2022), which shall be performed by a qualified independent individual initially and no less than every six months and whenever the device or room is relocated or altered or major service to the pharmacy is performed;(iii) have pre-filters inspected periodically and replaced as needed, in accordance with written policies and procedures and the manufacturer's specification, and the inspection and/or replacement date documented; and(iv) be located in a buffer room that has a minimum differential positive pressure of 0.02 inches water column.(B) Biological safety cabinet.(i) If the pharmacy is using a biological safety cabinet (BSC) as its PEC for the preparation of hazardous sterile compounded preparations, the biological safety cabinet shall be a Class II or III vertical flow biological safety cabinet located in an ISO Class 7 area that is physically separated from other preparation areas. The area for preparation of sterile chemotherapeutic preparations shall:(I) have not less than 0.01 inches water column negative pressure to the adjacent positive pressure ISO Class 7 or better anteroom; and(II) have a pressure indicator that can be readily monitored for correct room pressurization.(ii) Pharmacies that prepare a low volume of hazardous drugs, are not required to comply with the provisions of clause (i) of this subparagraph if the pharmacy uses a device that provides two tiers of containment (e.g., closed-system vial transfer device within a BSC).(iii) If the pharmacy is using a biological safety cabinet as its PEC for the preparation of non-hazardous sterile compounded preparations, the biological safety cabinet shall:(I) be located in the buffer room and placed in the buffer room in a manner as to avoid conditions that could adversely affect its operation such as strong air currents from opened doors, personnel traffic, or air streams from the heating, ventilating and air condition system;(II) be certified for operational efficiency using certification procedures, such as those outlined in the Certification Guide for Sterile Compounding Facilities (CAG-003-2022), which shall be performed by a qualified independent individual initially and no less than every six months and whenever the device or room is relocated or altered or major service to the pharmacy is performed;(III) have pre-filters inspected periodically and replaced as needed, in accordance with written policies and procedures and the manufacturer's specification, and the inspection and/or replacement date documented; and(IV) be located in a buffer room that has a minimum differential positive pressure of 0.02 inches water column.(C) Compounding aseptic isolator.(i) If the pharmacy is using a compounding aseptic isolator (CAI) as its PEC, the CAI shall provide unidirectional airflow within the main processing and antechambers, and be placed in an ISO Class 7 buffer room unless the isolator meets all of the following conditions:(I) The isolator shall provide isolation from the room and maintain ISO Class 5 during dynamic operating conditions including transferring ingredients, components, and devices into and out of the isolator and during preparation of compounded sterile preparations;(II) Particle counts sampled approximately 6 to 12 inches upstream of the critical exposure site shall maintain ISO Class 5 levels during compounding operations;(III) The CAI shall be certified for operational efficiency using certification procedures, such as those outlined in the Certification Guide for Sterile Compounding Facilities (CAG-003-2022), which shall be performed by a qualified independent individual initially and no less than every six months and whenever the device or room is relocated or altered or major service to the pharmacy is performed; and(IV) The pharmacy shall maintain documentation from the manufacturer that the isolator meets this standard when located in worse than ISO Class 7 environments.(ii) If the isolator meets the requirements in clause (i) of this subparagraph, the CAI may be placed in a non-ISO classified area of the pharmacy; however, the area shall be segregated from other areas of the pharmacy and shall:(I) be clean, well lit, and of sufficient size;(II) be used only for the compounding of Category 1 or Category 2 non-hazardous sterile preparations;(III) be located in an area of the pharmacy with non-porous and washable floors or floor covering to enable regular disinfection; and(IV) be an area in which the CAI is placed in a manner as to avoid conditions that could adversely affect its operation.(iii) In addition to the requirements specified in clauses (i) and (ii) of this subparagraph, if the CAI is used in the compounding of Category 2 prepared from any non-sterile starting component or Category 3 non-hazardous preparations, the CAI shall be placed in an area or room with at least ISO Class 7 quality air so that high-risk powders weighed in at least ISO Class 7 air quality conditions, compounding utensils for measuring and other compounding equipment are not exposed to lesser air quality prior to the completion of compounding and packaging of the Category 2 prepared from any non-sterile starting component or Category 3 preparation.(D) Compounding aseptic containment isolator.(i) If the pharmacy is using a compounding aseptic containment isolator (CACI) as its PEC for the preparation of Category 1 or Category 2 hazardous drugs, the CACI shall be located in a separate room away from other areas of the pharmacy and shall:(I) provide at least 0.01 inches water column negative pressure compared to the other areas of the pharmacy;(II) provide unidirectional airflow within the main processing and antechambers, and be placed in an ISO Class 7 room, unless the CACI meets all of the following conditions;(-a-) The isolator shall provide isolation from the room and maintain ISO Class 5 during dynamic operating conditions including transferring ingredients, components, and devices into and out of the isolator and during preparation of compounded sterile preparations; (-b-) Particle counts sampled approximately 6 to 12 inches upstream of the critical exposure site shall maintain ISO Class 5 levels during compounding operations;(-c-) The CACI shall be certified for operational efficiency using certification procedures, such as those outlined in the Certification Guide for Sterile Compounding Facilities (CAG-003-2022), which shall be performed by a qualified independent individual initially and no less than every six months and whenever the device or room is relocated or altered or major service to the pharmacy is performed; and(-d-) The pharmacy shall maintain documentation from the manufacturer that the isolator meets this standard when located in worse than ISO Class 7 environments.(ii) If the CACI meets all conditions specified in clause (i) of this subparagraph, the CACI shall not be located in the same room as a CAI, but shall be located in a separate room in the pharmacy, that is not required to maintain ISO classified air. The room in which the CACI is located shall provide a minimum of 0.01 inches water column negative pressure compared with the other areas of the pharmacy and shall meet the following requirements:(I) be clean, well lit, and of sufficient size;(II) be maintained at a temperature of 20 degrees Celsius or cooler, except that a clean room for the compounding of sterile radiopharmaceuticals shall be maintained at a temperature of 25 degrees Celsius or cooler, and at a humidity of 60% or below, with excursions in temperature or humidity of no more than 10% and lasting no longer than 30 minutes;(III) be used only for the compounding of Category 1 or Category 2 hazardous sterile preparations;(IV) be located in an area of the pharmacy with walls, ceilings, floors, fixtures, shelving, counters, and cabinets that are smooth, impervious, free from cracks and crevices, non-shedding and resistant to damage by disinfectant agents; and(V) have non-porous and washable floors or floor covering to enable regular disinfection.(iii) If the CACI is used in the compounding of Category 2 prepared from any non-sterile starting component or Category 3 hazardous preparations, the CACI shall be placed in an area or room with at least ISO Class 7 quality air so that high-risk powders, weighed in at least ISO Class 7 air quality conditions, are not exposed to lesser air quality prior to the completion of compounding and packaging of the Category 2 prepared from any non-sterile starting component or Category 3 preparation.(iv) Pharmacies that prepare a low volume of hazardous drugs, are not required to comply with the provisions of clauses (i) and (iii) of this subparagraph if the pharmacy uses a device that provides two tiers of containment (e.g., CACI that is located in a non-negative pressure room).(10) Additional Equipment and Supplies. Pharmacies compounding sterile preparations shall have the following equipment and supplies:(A) a calibrated system or device (i.e., thermometer) to monitor the temperature to ensure that proper storage requirements are met, if sterile preparations are stored in the refrigerator;(B) a calibrated system or device to monitor the temperature where bulk chemicals are stored;(C) a temperature-sensing mechanism suitably placed in the controlled temperature storage space to reflect accurately the true temperature;(D) if applicable, a Class A prescription balance, or analytical balance and weights. Such balance shall be properly maintained and subject to periodic inspection by the Texas State Board of Pharmacy;(E) equipment and utensils necessary for the proper compounding of sterile preparations. Such equipment and utensils used in the compounding process shall be:(i) of appropriate design, appropriate capacity, and be operated within designed operational limits;(ii) of suitable composition so that surfaces that contact components, in-process material, or drug products shall not be reactive, additive, or absorptive so as to alter the safety, identity, strength, quality, or purity of the drug preparation beyond the desired result;(iii) cleaned and sanitized immediately prior to and after each use; and(iv) routinely inspected, calibrated (if necessary), or checked to ensure proper performance;(F) appropriate disposal containers for used needles, syringes, etc., and if applicable, hazardous waste from the preparation of hazardous drugs and/or biohazardous waste;(G) appropriate packaging or delivery containers to maintain proper storage conditions for sterile preparations;(H) infusion devices, if applicable; and(I) all necessary supplies, including:(i) disposable needles, syringes, and other supplies for aseptic mixing;(ii) disinfectant cleaning solutions;(iii) sterile 70% isopropyl alcohol;(iv) sterile gloves, both for hazardous and non-hazardous drug compounding;(v) sterile alcohol-based or water-less alcohol based surgical scrub;(vi) hand washing agents with bactericidal action;(vii) disposable, lint free towels or wipes;(viii) appropriate filters and filtration equipment;(ix) hazardous spill kits, if applicable; and(x) masks, caps, coveralls or gowns with tight cuffs, shoe covers, and gloves, as applicable.(11) Labeling.(A) Prescription drug or medication orders. In addition to the labeling requirements for the pharmacy's specific license classification, the label dispensed or distributed pursuant to a prescription drug or medication order shall contain the following:(i) the generic name(s) or the official name(s) of the principal active ingredient(s) of the compounded sterile preparation; (ii) for outpatient prescription orders other than sterile radiopharmaceuticals, a statement that the compounded sterile preparation has been compounded by the pharmacy. (An auxiliary label may be used on the container to meet this requirement); and(iii) a beyond-use date. The beyond-use date shall be determined as outlined in Chapter 797, Pharmacy Compounding--Sterile Preparations of the USP/NF, and paragraph (8)(J) of this subsection;(B) Batch. If the sterile preparation is compounded in a batch, the following shall also be included on the batch label:(i) unique lot number assigned to the batch;(ii) quantity;(iii) appropriate ancillary instructions, such as storage instructions or cautionary statements, including hazardous drug warning labels where appropriate; and(iv) device-specific instructions, where appropriate.(C) Pharmacy bulk package. The label of a pharmacy bulk package shall:(i) state prominently \"Pharmacy Bulk Package--Not for Direct Infusion;\"(ii) contain or refer to information on proper techniques to help ensure safe use of the preparation; and(iii) bear a statement limiting the time frame in which the container may be used once it has been entered, provided it is held under the labeled storage conditions.(12) Written drug information for prescription drug orders only. Written information about the compounded preparation or its major active ingredient(s) shall be given to the patient at the time of dispensing a prescription drug order. A statement which indicates that the preparation was compounded by the pharmacy shall be included in this written information. If there is no written information available, the patient shall be advised that the drug has been compounded and how to contact a pharmacist, and if appropriate, the prescriber, concerning the drug. This paragraph does not apply to the preparation of radiopharmaceuticals.(13) Pharmaceutical care services. In addition to the pharmaceutical care requirements for the pharmacy's specific license classification, the following requirements for sterile preparations compounded pursuant to prescription drug orders shall be met. This paragraph does not apply to the preparation of radiopharmaceuticals.(A) Primary provider. There shall be a designated physician primarily responsible for the patient's medical care. There shall be a clear understanding between the physician, the patient, and the pharmacy of the responsibilities of each in the areas of the delivery of care, and the monitoring of the patient. This shall be documented in the patient medication record (PMR).(B) Patient training. The pharmacist-in-charge shall develop policies to ensure that the patient and/or patient's caregiver receives information regarding drugs and their safe and appropriate use, including instruction when applicable, regarding:(i) appropriate disposition of hazardous solutions and ancillary supplies;(ii) proper disposition of controlled substances in the home;(iii) self-administration of drugs, where appropriate;(iv) emergency procedures, including how to contact an appropriate individual in the event of problems or emergencies related to drug therapy; and(v) if the patient or patient's caregiver prepares sterile preparations in the home, the following additional information shall be provided:(I) safeguards against microbial contamination, including aseptic techniques for compounding intravenous admixtures and aseptic techniques for injecting additives to premixed intravenous solutions;(II) appropriate storage methods, including storage durations for sterile pharmaceuticals and expirations of self-mixed solutions;(III) handling and disposition of premixed and self-mixed intravenous admixtures; and(IV) proper disposition of intravenous admixture compounding supplies such as syringes, vials, ampules, and intravenous solution containers.(C) Pharmacist-patient relationship. It is imperative that a pharmacist-patient relationship be established and maintained throughout the patient's course of therapy. This shall be documented in the patient's medication record (PMR).(D) Patient monitoring. The pharmacist-in-charge shall develop policies to ensure that:(i) the patient's response to drug therapy is monitored and conveyed to the appropriate health care provider;(ii) the first dose of any new drug therapy is administered in the presence of an individual qualified to monitor for and respond to adverse drug reactions; and(iii) reports of adverse events with a compounded sterile preparation are reviewed promptly and thoroughly to correct and prevent future occurrences.(14) Drugs, components, and materials used in sterile compounding.(A) Drugs used in sterile compounding shall be USP/NF grade substances manufactured in an FDA-registered facility.(B) If USP/NF grade substances are not available, substances used in sterile compounding shall be of a chemical grade in one of the following categories:(i) Chemically Pure (CP);(ii) Analytical Reagent (AR);(iii) American Chemical Society (ACS); or(iv) Food Chemical Codex.(C) If a drug, component or material is not purchased from a FDA-registered facility, the pharmacist shall establish purity and stability by obtaining a Certificate of Analysis from the supplier and the pharmacist shall compare the monograph of drugs in a similar class to the Certificate of Analysis.(D) All components shall:(i) be manufactured in an FDA-registered facility; or(ii) in the professional judgment of the pharmacist, be of high quality and obtained from acceptable and reliable alternative sources; and(iii) be stored in properly labeled containers in a clean, dry place, under proper temperatures.(E) Drug preparation containers and closures shall not be reactive, additive, or absorptive so as to alter the safety, identity, strength, quality, or purity of the compounded drug preparation beyond the desired result.(F) Components, drug preparation containers, and closures shall be rotated so that the oldest stock is used first.(G) Container closure systems shall provide adequate protection against foreseeable external factors in storage and use that can cause deterioration or contamination of the compounded drug preparation.(H) A pharmacy may not compound a preparation that contains ingredients appearing on a federal Food and Drug Administration list of drug products withdrawn or removed from the market for safety reasons.(15) Compounding process.(A) Standard operating procedures (SOPs). All significant procedures performed in the compounding area shall be covered by written SOPs designed to ensure accountability, accuracy, quality, safety, and uniformity in the compounding process. At a minimum, SOPs shall be developed and implemented for:(i) the pharmacy;(ii) equipment;(iii) personnel;(iv) preparation evaluation;(v) quality assurance;(vi) preparation recall;(vii) packaging; and(viii) storage of compounded sterile preparations.(B) USP/NF. Any compounded formulation with an official monograph in the USP/NF shall be compounded, labeled, and packaged in conformity with the USP/NF monograph for the drug.(C) Personnel cleansing and garbing.(i) Any person with an apparent illness or open lesion, including rashes, sunburn, weeping sores, conjunctivitis, and active respiratory infection, that may adversely affect the safety or quality of a drug preparation being compounded shall be excluded from working in ISO Class 5, ISO Class 7, and ISO Class 8 compounding areas until the condition is remedied.(ii) Before entering the buffer room, compounding personnel shall:(I) remove personal outer garments (e.g., bandanas, coats, hats, jackets, scarves, sweaters, vests);(II) remove all cosmetics;(III) remove all hand, wrist, and other body jewelry or piercings (e.g., earrings, lip or eyebrow piercings) that can interfere with the effectiveness of personal protective equipment (e.g., fit of gloves and cuffs of sleeves); and(IV) wipe eyeglasses, if worn.(iii) The wearing of artificial nails or extenders is prohibited while working in the sterile compounding environment. Natural nails shall be kept neat and trimmed.(iv) Personnel shall perform hand hygiene and garbing in an order determined by the pharmacy depending on the placement of the sink. The order of garbing shall be documented in the pharmacy's SOPs. Garb shall be donned and doffed in an order that reduces the risk of contamination. Donning and doffing garb shall not occur in the same area at the same time.(I) The minimum garbing requirements for preparing Category 1 or Category 2 compounded sterile preparations include the following:(-a-) low-lint garment with sleeves that fit snugly around the wrists and an enclosed neck (e.g., gown or coverall);(-b-) low-lint covers for shoes;(-c-) low-lint cover for head that covers the hair and ears, and if appliable, cover for facial hair;(-d-) low-lint face mask;(-e-) sterile powder-free gloves; and(-f-) if using a restricted-access barrier system (i.e., a compounding aseptic isolator or compounding aseptic containment isolator), disposable gloves should be worn inside the gloves attached to the restricted-access barrier system sleeves. Sterile gloves shall be worn over the gloves attached to the restricted-access barrier system sleeve.(II) The following additional garbing requirements shall be followed in the buffer room where Category 3 compounded sterile preparations are prepared for all personnel regardless of whether Category 3 compounded sterile preparations are compounded on a given day:(-a-) skin may not be exposed in the buffer room (i.e., face and neck shall be covered);(-b-) all low-lint outer garb shall be sterile, including the use of sterile sleeves over gauntlet sleeves when a restricted-access barrier system is used;(-c-) disposable garbing items shall not be reused and any laundered garb shall not be reused without being laundered and resterilized with a validated cycle; and(-d-) the pharmacy's SOPs shall describe disinfection procedures for reusing goggles, respirators, and other reusable equipment. If compounding a hazardous drug, appropriate personal protective equipment shall be worn.(III) After donning dedicated shoes or shoe covers, head and facial hair covers, and face masks, personnel shall perform a hand hygiene procedure by removing debris from underneath fingernails using a nail cleaner under running warm water followed by vigorous hand washing. Personnel shall begin washing arms at the hands and continue washing to elbows for at least 30 seconds with either a plain (non-antimicrobial) soap, or antimicrobial soap, and water while in the anteroom. Disposable soap containers shall not be refilled or topped off. Brushes shall not be used for hand hygiene. Hands and forearms to the elbows shall be completely dried using lint-free disposable towels, an electronic hands-free hand dryer, or a HEPA filtered hand dryer.(IV) After completion of hand washing, personnel shall don clean non-shedding gowns with sleeves that fit snugly around the wrists and enclosed at the neck.(V) Once inside the buffer room or segregated compounding area, and prior to donning sterile powder-free gloves, antiseptic hand cleansing shall be performed using an alcohol-based hand rub. Hands shall be allowed to dry thoroughly before donning sterile gloves.(VI) Sterile gloves that form a continuous barrier with the gown shall be the last item donned before compounding begins. Sterile gloves shall be donned in a classified area or segregated compounding area using proper technique to ensure the sterility of the glove is not compromised while donning. The cuff of the sterile glove shall cover the cuff of the gown at the wrist. When preparing hazardous preparations, the compounder shall double glove or shall use single gloves ensuring that the gloves are sterile powder-free chemotherapy-rated gloves. Routine application of sterile 70% IPA shall occur throughout the compounding day and whenever non-sterile surfaces are touched.(v) Garb shall be replaced immediately if it becomes visibly soiled or if its integrity is compromised. Gowns and other garb shall be stored in a manner that minimizes contamination (e.g., away from sinks to avoid splashing). If compounding Category 1 or Category 2 compounded sterile preparations, gowns may be reused within the same shift by the same person if the gown is maintained in a classified area or adjacent to, or within, the segregated compounding area in a manner that prevents contamination. When personnel exit the compounding area, garb, except for gowns, may not be reused and shall be discarded or laundered before use. The pharmacy's SOPs shall describe disinfection procedures for reusing goggle, respirators, and other reusable equipment. (vi) During compounding activities that precede terminal sterilization, such as weighing and mixing of non-sterile ingredients, compounding personnel shall be garbed and gloved the same as when performing compounding in an ISO Class 5 environment. Properly garbed and gloved compounding personnel who are exposed to air quality that is either known or suspected to be worse than ISO Class 7 shall re-garb personal protective equipment along with washing their hands properly, performing antiseptic hand cleansing with a sterile 70% IPA-based or another suitable sterile alcohol-based surgical hand scrub, and donning sterile gloves upon re-entering the ISO Class 7 buffer room.(vii) When compounding aseptic isolators or compounding aseptic containment isolators are the source of the ISO Class 5 environment, at the start of each new compounding procedure, a new pair of sterile gloves shall be donned within the CAI or CACI. In addition, the compounding personnel should follow the requirements as specified in this subparagraph, unless the isolator manufacturer can provide written documentation based on validated environmental testing that any components of personal protective equipment or cleansing are not required.(16) Quality assurance.(A) Initial formula validation. Prior to routine compounding of a sterile preparation, a pharmacy shall conduct an evaluation that shows that the pharmacy is capable of compounding a preparation that is sterile and that contains the stated amount of active ingredient(s).(i) Quality assurance practices include, but are not limited to the following:(I) Routine disinfection and air quality testing of the direct compounding environment to minimize microbial surface contamination and maintain ISO Class 5 air quality;(II) Visual confirmation that compounding personnel are properly donning and wearing appropriate items and types of protective garments and goggles;(III) Confirmation that media-fill tests indicate that compounding personnel and personnel who have direct oversight of compounding personnel but do not compound can competently perform aseptic procedures; (IV) Review of all orders and packages of ingredients to ensure that the correct identity and amounts of ingredients were compounded; and(V) Visual inspection of compounded sterile preparations, except for sterile radiopharmaceuticals, to ensure the absence of particulate matter in solutions, the absence of leakage from vials and bags, and the accuracy and thoroughness of labeling.(ii) Filter integrity testing. Filters shall undergo testing to evaluate the integrity of filters used to sterilize Category 2 prepared from any non-sterile starting component or Category 3 compounded sterile preparations, such as bubble point testing or comparable filter integrity testing. Such testing is not a replacement for sterility testing and shall not be interpreted as such. Such test shall be performed after a sterilization procedure on all filters used to sterilize each Category 2 prepared from any non-sterile starting component or Category 3 compounded sterile preparation or batch preparation and the results documented. The results should be compared with the filter manufacturer's specification for the specific filter used. If a filter fails the integrity test, the preparation or batch shall be sterilized again using new unused filters.(B) Finished preparation release checks and tests.(i) Each time a Category 3 compounded sterile preparation is prepared, it shall be tested for sterility and meet the requirements of Chapter 71, Sterility Tests of the USP/NF, or a validated alternative method that is noninferior to Chapter 71 testing. Each time a Category 2 injectable compounded sterile preparation compounded from one or more non-sterile components and assigned a beyond-use date that requires sterility testing is prepared, the preparation shall be tested to ensure that it does not contain excessive bacterial endotoxins. Each time a Category 3 injectable compounded sterile preparation compounded from one or more non-sterile components is prepared, the preparation shall be tested to ensure that it does not contain excessive bacterial endotoxins.(ii) All compounded sterile preparations, except for sterile radiopharmaceuticals, that are intended to be solutions shall be visually examined for the presence of particulate matter and not administered or dispensed when such matter is observed.(iii) The prescription drug and medication orders, written compounding procedure, preparation records, and expended materials used to make compounded sterile preparations shall be inspected for accuracy of correct identities and amounts of ingredients, aseptic mixing and sterilization, packaging, labeling, and expected physical appearance before they are dispensed or administered.(iv) Written procedures for checking compounding accuracy shall be followed for every compounded sterile preparation during preparation, in accordance with pharmacy's policies and procedures, and immediately prior to release, including label accuracy and the accuracy of the addition of all drug products or ingredients used to prepare the finished preparation and their volumes or quantities. A pharmacist shall ensure that components used in compounding are accurately weighed, measured, or subdivided as appropriate to conform to the formula being prepared.(C) Environmental testing.(i) Viable and nonviable environmental sampling testing. Environmental sampling shall occur, at a minimum, every six months as part of a comprehensive quality management program and under any of the following conditions:(I) as part of the commissioning and certification of new facilities and equipment;(II) following any servicing of facilities and equipment;(III) as part of the re-certification of facilities and equipment;(IV) in response to identified problems with end products or staff technique; or(V) in response to issues with compounded sterile preparations, observed compounding personnel work practices, or patient-related infections (where the compounded sterile preparation is being considered as a potential source of the infection).(ii) Total particle counts. Certification that each ISO classified area (e.g., ISO Class 5, 7, and 8), is within established guidelines shall be performed no less than every six months and whenever the equipment is relocated or the physical structure of the buffer room or anteroom has been altered. All certification records shall be maintained and reviewed to ensure that the controlled environments comply with the proper air cleanliness, room pressures, and air changes per hour. These certification records shall include acceptance criteria and be made available upon inspection by the Board. Testing shall be performed by qualified operators using current, state-of-the-art equipment, with results of the following:(I) ISO Class 5 - not more than 3,520 particles 0.5 microns and larger in diameter per cubic meter of air;(II) ISO Class 7 - not more than 352,000 particles of 0.5 microns and larger in diameter per cubic meter of air for any buffer room; and(III) ISO Class 8 - not more than 3,520,000 particles of 0.5 microns and larger in diameter per cubic meter of air for any anteroom.(iii) Pressure differential monitoring. A pressure gauge or velocity meter shall be installed to monitor the pressure differential or airflow between the buffer room and the anteroom and between the anteroom and the general environment outside the compounding area. The results shall be reviewed and documented on a log at least every work shift (minimum frequency shall be at least daily) or by a continuous recording device. The pressure between the ISO Class 7 or ISO Class 8 and the general pharmacy area shall not be less than 0.02 inch water column.(iv) Sampling plan. An appropriate environmental sampling plan shall be developed for airborne viable particles based on a risk assessment of compounding activities performed. Selected sampling sites shall include locations within each ISO Class 5 environment and in the ISO Class 7 and 8 areas and in the segregated compounding areas at greatest risk of contamination. The plan shall include sample location, method of collection, frequency of sampling, volume of air sampled, and time of day as related to activity in the compounding area and action levels.(v) Viable air sampling. Evaluation of airborne microorganisms using volumetric collection methods in the controlled air environments shall be performed by properly trained individuals for all compounded sterile preparations. Volumetric active air sampling of all active classified areas using an impaction air sampler shall be conducted in each classified area (e.g., ISO Class 5 PEC and ISO Class 7 and 8 room(s)) during dynamic operating conditions. For entities compounding Category 1 or Category 2 compounded sterile preparations, this shall be completed at least every six months. For entities compounding any Category 3 compounded sterile preparations, this shall be completed within 30 days prior to the commencement of any Category 3 compounding and at least every three months thereafter regardless of the frequency of compounding Category 3 compounded sterile preparations. Air sampling sites shall be selected in all classified areas.(vi) Air sampling process.(I) A sufficient volume of air shall be sampled. Follow the manufacturer's instructions for operation of the impaction air sampler, including placement of media device(s). Using the impaction air sampler, test at least 1 cubic meter or 1,000 liters of air from each location sampled. At the end of each sampling period, retrieve the media device and cover it. Handle and store media devices to avoid contamination and prevent condensate from dropping onto the agar during incubation and affecting the accuracy of the cfu reading (e.g., invert plates). At the end of the designated sampling or exposure period for air sampling activities, the microbial growth media plates are recovered and their covers secured and they are inverted and incubated pursuant to the procedures in subclause (II) of this clause. Sampling data shall be collected and reviewed on a periodic basis as a means of evaluating the overall control of the compounding environment.(II) Incubation procedures.(-a-) Incubate the media device at 30 to 35 degrees Celsius for no less than 48 hours. Examine for growth. Record the total number of discrete colonies of microorganisms on each media device as cfu per cubic meter of air on an environmental sampling form based on sample type (i.e., viable air), sample location, and sample date.(-b-) Then incubate the media at 20 to 25 degrees Celsius for no less than five additional days. Examine for growth. Record the total number of discrete colonies of microorganisms on each media device as cfu per cubic meter of air on an environmental sampling form based on sample type (i.e., viable air), sample location, and sample date.(-c-) Alternatively, to shorten the overall incubation period, two sampling media devices may be collected for each sample location and incubated concurrently.(-1-) The media devices shall either both be trypticase soy agar or shall be one trypticase soy agar and the other fungal media (e.g., malt extract agar or Sabouraud dextrose agar).(-2-) Incubate each media device in a separate incubator. Incubate one media device at 30 to 35 degrees Celsius for no less than 48 hours, and incubate the other media device at 20 to 25 degrees Celsius for no less than five days. If fungal media are used as one of the samples, incubate the fungal media sample at 20 to 25 degrees Celsius for no less than five days.(-3-) Count the total number of discrete colonies of microorganisms on each media device, and record these results as cfu per cubic meter of air.(-4-) Record the results of the sampling on an environmental sampling form based on sample type (i.e., viable air), and include the sample location and sample date.(III) The following action levels for viable air sampling apply: a colony forming unit (cfu) count greater than 1 cfu per cubic meter of air for ISO Class 5, greater than 10 cfus per cubic meter of air for ISO Class 7, and greater than 100 cfus per cubic meter of air for ISO Class 8. If levels measured during viable air sampling exceed the action levels in this subclause for the ISO classification levels of the area sampled, the cause shall be investigated and corrective action shall be taken. Data collected in response to corrective actions shall be reviewed to confirm that the actions taken have been effective. The corrective action plan shall be dependent on the cfu count and the microorganism recovered. The corrective action plan shall be documented. If levels measured during viable air sampling exceed the action levels in this subclause, an attempt shall be made to identify any microorganism recovered to the genus level with the assistance of a competent microbiologist. (vii) Compounding accuracy checks. Written procedures for checking compounding accuracy shall be followed for every compounded sterile preparation during preparation and immediately prior to release, including label accuracy and the accuracy of the addition of all drug products or ingredients used to prepare the finished preparation and their volumes or quantities. At each step of the compounding process, the pharmacist shall ensure that components used in compounding are accurately weighed, measured, or subdivided as appropriate to conform to the formula being prepared.(17) Quality control.(A) Quality control procedures. The pharmacy shall follow established quality control procedures to monitor the compounding environment and quality of compounded drug preparations for conformity with the quality indicators established for the preparation. When developing these procedures, pharmacy personnel shall consider the provisions of USP Chapter 71, Sterility Tests, USP Chapter 85, Bacterial Endotoxins Test, Pharmaceutical Compounding-Non-sterile Preparations, USP Chapter 795, USP Chapter 797, Pharmaceutical Compounding--Sterile Preparations, USP Chapter 800, Hazardous Drugs--Handling in Healthcare Settings, USP Chapter 823, Positron Emission Tomography Drugs for Compounding, Investigational, and Research Uses, USP Chapter 1160, Pharmaceutical Calculations in Prescription Compounding, and USP Chapter 1163, Quality Assurance in Pharmaceutical Compounding of the current USP/NF. Such procedures shall be documented and be available for inspection. (B) Verification of compounding accuracy and sterility.(i) The accuracy of identities, concentrations, amounts, and purities of ingredients in compounded sterile preparations shall be confirmed by reviewing labels on packages, observing and documenting correct measurements with approved and correctly standardized devices, and reviewing information in labeling and certificates of analysis provided by suppliers.(ii) If the correct identity, purity, strength, and sterility of ingredients and components of compounded sterile preparations cannot be confirmed such ingredients and components shall be discarded immediately. Any compounded sterile preparation that fails sterility testing following sterilization by one method (e.g., filtration) is to be discarded and not subjected to a second method of sterilization.(iii) If individual ingredients, such as bulk drug substances, are not labeled with expiration dates, when the drug substances are stable indefinitely in their commercial packages under labeled storage conditions, such ingredients may gain or lose moisture during storage and use and shall require testing to determine the correct amount to weigh for accurate content of active chemical moieties in compounded sterile preparations.(C) Sterility testing. Sterility testing shall be performed on a number of units equal to 5% of the number of compounded sterile preparations prepared, rounded up to the next whole number. Sterility tests resulting in failure shall prompt an investigation into the possible causes of the failure and shall include identification of the microorganism and an evaluation of the sterility testing procedure, compounding facility, process, and personnel that may have contributed to the failure. The sources of the contamination, if identified, shall be corrected and the pharmacy shall determine whether the conditions causing the sterility failure affect other compounded sterile preparations. The investigation and resulting corrective actions shall be documented.(e) Records. Any testing, cleaning, procedures, or other activities required in this subsection shall be documented and such documentation shall be maintained by the pharmacy.(1) Maintenance of records. Every record required under this section shall be:(A) kept by the pharmacy and be available, for at least two years for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records shall be provided in an electronic format. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(2) Compounding records.(A) Compounding pursuant to patient specific prescription drug orders or medication orders not prepared from non-sterile ingredient(s). Compounding records for all compounded preparations shall be maintained by the pharmacy and shall include a complete formula, including methodology and necessary equipment which includes the brand name(s) of the raw materials, or if no brand name, the generic name(s) or official name and name(s) of the manufacturer(s) or distributor of the raw materials and the quantities of each; however, if the sterile preparation is compounded according to the manufacturer's labeling instructions, then documentation of the formula is not required.(B) Compounding records for compounded sterile preparations prepared from non-sterile ingredient(s) or prepared for more than one patient.(i) A master formulation record shall be created for compounded sterile preparations prepared from non-sterile ingredient(s) or prepared for more than one patient. Any changes or alterations to the master formulation record shall be approved and documented according to the pharmacy's SOPs. The master formulation record shall include at least the following information:(I) name, strength or activity, and dosage form of the compounded sterile preparation;(II) identities and amounts of all ingredients and, if applicable, relevant characteristics or components (e.g., particle size, salt form, purity grade, solubility, assay, loss on drying, water content);(III) type and size of container closure system(s);(IV) complete instructions for preparing the compounded sterile preparation, including equipment, supplies, a description of the compounding steps, and any special precautions;(V) physical description of the final compounded sterile preparation, including desired pH of aqueous preparations for buffered eye drops and non-sterile to sterile compounding;(VI) beyond-use date and storage requirements;(VII) reference source to support the stability of the compounded sterile preparation;(VIII) quality control procedures (e.g., pH testing, filter integrity testing); and(IX) other information as needed to describe the compounding process and ensure repeatability (e.g., adjusting pH and tonicity; sterilization method, such as steam, dry heat, irradiation, or filter).(ii) A compounding record that documents the compounding process shall be created for all compounded sterile preparations. The compounding record shall include at least the following information:(I) name, strength or activity, and dosage form of the compounded sterile preparation;(II) date and time of preparation of the compounded sterile preparation;(III) assigned internal identification number (e.g., prescription, order, or lot number);(IV) written or electronic signature or initials of the pharmacist or pharmacy technician or pharmacy technician trainee performing the compounding;(V) written or electronic signature or initials of the pharmacist responsible for supervising pharmacy technicians or pharmacy technician trainees and conducting final checks of compounded preparations if pharmacy technicians or pharmacy technician trainees perform the compounding function;(VI) name of each component;(VII) vendor, lot number, and expiration date for each component for compounded sterile preparations prepared for more than one patient or prepared from non-sterile ingredient(s);(VIII) weight or volume of each component;(IX) strength or activity of each component;(X) total quantity compounded;(XI) final yield (e.g., quantity, containers, number of units);(XII) assigned beyond-use date and storage requirements;(XIII) results of quality control procedures (e.g., visual inspection, filter integrity testing, pH testing);(XIV) if applicable, master formulation record for the compounded sterile preparation; and(XV) if applicable, calculations made to determine and verify quantities or concentrations of components.(f) Office use compounding and distribution of sterile compounded preparations.(1) General.(A) A pharmacy may compound, dispense, deliver, and distribute a compounded sterile preparation as specified in Subchapter D, Texas Pharmacy Act Chapter 562.(B) A Class A-S pharmacy is not required to register or be licensed under Chapter 431, Health and Safety Code, to distribute sterile compounded preparations to a Class C or Class C-S pharmacy.(C) A Class C-S pharmacy is not required to register or be licensed under Chapter 431, Health and Safety Code, to distribute sterile compounded preparations that the Class C-S pharmacy has compounded for other Class C or Class C-S pharmacies under common ownership.(D) To compound and deliver a compounded preparation under this subsection, a pharmacy shall:(i) verify the source of the raw materials to be used in a compounded drug;(ii) comply with applicable United States Pharmacopeia guidelines, including the testing requirements, and the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191);(iii) enter into a written agreement with a practitioner for the practitioner's office use of a compounded preparation;(iv) comply with all applicable competency and accrediting standards as determined by the board; and(v) comply with the provisions of this subsection.(E) This subsection does not apply to Class B pharmacies compounding sterile radiopharmaceuticals that are furnished for departmental or physicians' use if such authorized users maintain a Texas radioactive materials license.(2) Written Agreement. A pharmacy that provides sterile compounded preparations to practitioners for office use or to another pharmacy shall enter into a written agreement with the practitioner or pharmacy. The written agreement shall:(A) address acceptable standards of practice for a compounding pharmacy and a practitioner and receiving pharmacy that enter into the agreement including a statement that the compounded drugs may only be administered to the patient and may not be dispensed to the patient or sold to any other person or entity except to a veterinarian as authorized by §563.054 of the Act;(B) require the practitioner or receiving pharmacy to include on a patient's chart, medication order or medication administration record the lot number and beyond-use date of a compounded preparation administered to a patient; and(C) describe the scope of services to be performed by the pharmacy and practitioner or receiving pharmacy, including a statement of the process for:(i) a patient to report an adverse reaction or submit a complaint; and(ii) the pharmacy to recall batches of compounded preparations. (3) Recordkeeping.(A) Maintenance of Records.(i) Records of orders and distribution of sterile compounded preparations to a practitioner for office use or to an institutional pharmacy for administration to a patient shall:(I) be kept by the pharmacy and be available, for at least two years from the date of the record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies;(II) be maintained separately from the records of preparations dispensed pursuant to a prescription or medication order; and(III) be supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy or its representative. If the pharmacy maintains the records in an electronic format, the requested records shall be provided in an electronic format. Failure to provide the records set out in this subsection, either on site or within 72 hours for whatever reason, constitutes prima facie evidence of failure to keep and maintain records.(ii) Records may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(B) Orders. The pharmacy shall maintain a record of all sterile compounded preparations ordered by a practitioner for office use or by an institutional pharmacy for administration to a patient. The record shall include the following information:(i) date of the order;(ii) name, address, and phone number of the practitioner who ordered the preparation and if applicable, the name, address and phone number of the institutional pharmacy ordering the preparation; and(iii) name, strength, and quantity of the preparation ordered.(C) Distributions. The pharmacy shall maintain a record of all sterile compounded preparations distributed pursuant to an order to a practitioner for office use or by an institutional pharmacy for administration to a patient. The record shall include the following information:(i) date the preparation was compounded;(ii) date the preparation was distributed;(iii) name, strength and quantity in each container of the preparation;(iv) pharmacy's lot number;(v) quantity of containers shipped; and(vi) name, address, and phone number of the practitioner or institutional pharmacy to whom the preparation is distributed.(D) Audit trail.(i) The pharmacy shall store the order and distribution records of preparations for all sterile compounded preparations ordered by and or distributed to a practitioner for office use or by a pharmacy licensed to compound sterile preparations for administration to a patient in such a manner as to be able to provide an audit trail for all orders and distributions of any of the following during a specified time period:(I) any strength and dosage form of a preparation (by either brand or generic name or both);(II) any ingredient;(III) any lot number;(IV) any practitioner;(V) any facility; and(VI) any pharmacy, if applicable.(ii) The audit trail shall contain the following information: (I) date of order and date of the distribution;(II) practitioner's name, address, and name of the institutional pharmacy, if applicable;(III) name, strength and quantity of the preparation in each container of the preparation;(IV) name and quantity of each active ingredient;(V) quantity of containers distributed; and(VI) pharmacy's lot number.(4) Labeling. The pharmacy shall affix a label to the preparation containing the following information:(A) name, address, and phone number of the compounding pharmacy;(B) the statement: \"For Institutional or Office Use Only--Not for Resale\"; or if the preparation is distributed to a veterinarian the statement: \"Compounded Preparation\";(C) name and strength of the preparation or list of the active ingredients and strengths;(D) pharmacy's lot number;(E) beyond-use date as determined by the pharmacist using appropriate documented criteria;(F) quantity or amount in the container;(G) appropriate ancillary instructions, such as storage instructions or cautionary statements, including hazardous drug warning labels where appropriate; and(H) device-specific instructions, where appropriate.(g) Recall procedures.(1) The pharmacy shall have SOPs for the recall of any compounded sterile preparation provided to a patient, to a practitioner for office use, or a pharmacy for administration. The SOPs shall include, but not be limited to the requirements as specified in paragraph (3) of this subsection.(2) The pharmacy shall immediately initiate a recall of any sterile preparation compounded by the pharmacy upon identification of a potential or confirmed harm to a patient.(3) In the event of a recall, the pharmacist-in-charge shall ensure that:(A) the distribution of any affected compounded sterile preparation is determined, including the date and quantity of distribution; (B) each practitioner, facility, and/or pharmacy to which the preparation was distributed is notified, in writing, of the recall;(C) each patient to whom the preparation was dispensed is notified, in writing, of the recall;(D) the board is notified of the recall, in writing, not later than 24 hours after the recall is issued;(E) if the preparation is distributed for office use, the Texas Department of State Health Services, Drugs and Medical Devices Group, is notified of the recall, in writing;(F) any unused dispensed compounded sterile preparations are recalled and any stock remaining in the pharmacy is quarantined; and(G) the pharmacy keeps a written record of the recall including all actions taken to notify all parties and steps taken to ensure corrective measures.(4) Recall of out-of-specification dispensed compounded sterile preparations.(A) If a compounded sterile preparation is dispensed or administered before the results of testing are known, the pharmacy shall have SOPs in place to:(i) immediately notify the prescriber of a failure of specifications with the potential to cause patient harm (e.g., sterility, strength, purity, bacterial endotoxin, or other quality attributes); and(ii) investigate if other lots are affected and recall if necessary.(B) SOPs for recall of out-of-specification dispensed compounded sterile preparations shall contain procedures to:(i) determine the severity of the problem and the urgency for implementation and completion of the recall;(ii) determine the disposal and documentation of the recalled compounded sterile preparation; and(iii) investigate and document the reason for failure.(5) If a pharmacy fails to initiate a recall, the board may require a pharmacy to initiate a recall if there is potential for or confirmed harm to a patient.(6) A pharmacy that compounds sterile preparations shall notify the board immediately of any adverse effects reported to the pharmacy or that are known by the pharmacy to be potentially attributable to a sterile preparation compounded by the pharmacy.", "sourceNote": "Source Note: The provisions of this §291.133 adopted\r\nto be effective December 10, 2013, 38 TexReg 8869; amended to be effective\r\nSeptember 11, 2014, 39 TexReg 7128; amended to be effective June 11,\r\n2015, 40 TexReg 3647; amended to be effective September 14, 2015,\r\n40 TexReg 6111; amended to be effective June 12, 2016, 41 TexReg 4257;\r\namended to be effective September 11, 2016, 41 TexReg 6718; amended\r\nto be effective January 4, 2018, 42 TexReg 7700; amended to be effective\r\nSeptember 16, 2018, 43 TexReg 5784; amended to be effective March\r\n1, 2026, 51 TexReg 1133." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214883", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "H", "label": "OTHER CLASSES OF PHARMACY" }, "rule": { "number": "§291.151", "label": "Pharmacies Located in a Freestanding Emergency Medical Care Facility (Class F)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202027", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide standards in the conduct, practice activities, and operation of a pharmacy located in a freestanding emergency medical care facility that is licensed by the Texas Department of State Health Services or in a freestanding emergency medical care facility operated by a hospital that is exempt from registration as provided by §254.052, Health and Safety Code. Class F pharmacies located in a freestanding emergency medical care facility shall comply with this section.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Pharmacy Act, Occupations Code, Subtitle J, as amended.(2) Administer--The direct application of a prescription drug by injection, inhalation, ingestion, or any other means to the body of a patient by:(A) a practitioner, an authorized agent under his supervision, or other person authorized by law; or(B) the patient at the direction of a practitioner.(3) Automated medication supply system--A mechanical system that performs operations or activities relative to the storage and distribution of medications for administration and which collects, controls, and maintains all transaction information.(4) Board--The Texas State Board of Pharmacy.(5) Consultant pharmacist--A pharmacist retained by a facility on a routine basis to consult with the FEMCF in areas that pertain to the practice of pharmacy.(6) Controlled substance--A drug, immediate precursor, or other substance listed in Schedules I - V or Penalty Groups 1 - 4 of the Texas Controlled Substances Act, as amended, or a drug immediate precursor, or other substance included in Schedules I - V of the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended (Public Law 91-513).(7) Dispense--Preparing, packaging, compounding, or labeling for delivery a prescription drug or device in the course of professional practice to an ultimate user or his agent by or pursuant to the lawful order of a practitioner.(8) Distribute--The delivery of a prescription drug or device other than by administering or dispensing.(9) Downtime--Period of time during which a data processing system is not operable.(10) Electronic signature--A unique security code or other identifier which specifically identifies the person entering information into a data processing system. A facility which utilizes electronic signatures must:(A) maintain a permanent list of the unique security codes assigned to persons authorized to use the data processing system; and(B) have an ongoing security program which is capable of identifying misuse and/or unauthorized use of electronic signatures.(11) Floor stock--Prescription drugs or devices not labeled for a specific patient and maintained at a nursing station or other FEMCF department (excluding the pharmacy) for the purpose of administration to a patient of the FEMCF.(12) Formulary--List of drugs approved for use in the FEMCF by an appropriate committee of the FEMCF.(13) Freestanding emergency medical care facility (FEMCF)--A freestanding facility that is licensed by the Texas Department of State Health Services pursuant to Chapter 254, Health and Safety Code, to provide emergency care to patients.(14) Hard copy--A physical document that is readable without the use of a special device (i.e., data processing system, computer, etc.).(15) Investigational new drug--New drug intended for investigational use by experts qualified to evaluate the safety and effectiveness of the drug as authorized by the federal Food and Drug Administration.(16) Medication order--An order from a practitioner or his authorized agent for administration of a drug or device.(17) Pharmacist-in-charge--Pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for a pharmacy's compliance with laws and rules pertaining to the practice of pharmacy.(18) Pharmacy--Area or areas in a facility, separate from patient care areas, where drugs are stored, bulk compounded, delivered, compounded, dispensed, and/or distributed to other areas or departments of the FEMCF, or dispensed to an ultimate user or his or her agent.(19) Prescription drug--(A) A substance for which federal or state law requires a prescription before it may be legally dispensed to the public;(B) A drug or device that under federal law is required, prior to being dispensed or delivered, to be labeled with either of the following statements:(i) Caution: federal law prohibits dispensing without prescription or \"Rx only\" or another legend that complies with federal law; or(ii) Caution: federal law restricts this drug to use by or on order of a licensed veterinarian; or(C) A drug or device that is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by a practitioner only.(20) Prescription drug order--(A) An order from a practitioner or his authorized agent to a pharmacist for a drug or device to be dispensed; or(B) An order pursuant to Subtitle B, Chapter 157, Occupations Code.(21) Full-time pharmacist--A pharmacist who works in a pharmacy from 30 to 40 hours per week or if the pharmacy is open less than 60 hours per week, one-half of the time the pharmacy is open.(22) Part-time pharmacist--A pharmacist who works less than full-time.(23) Pharmacy technician--An individual who is registered with the board as a pharmacy technician and whose responsibility in a pharmacy is to provide technical services that do not require professional judgment regarding preparing and distributing drugs and who works under the direct supervision of and is responsible to a pharmacist.(24) Pharmacy technician trainee--An individual who is registered with the board as a pharmacy technician trainee and is authorized to participate in a pharmacy's technician training program.(25) Texas Controlled Substances Act--The Texas Controlled Substances Act, Health and Safety Code, Chapter 481, as amended.(c) Personnel.(1) Pharmacist-in-charge.(A) General. Each FEMCF shall have one pharmacist-in-charge who is employed or under contract, at least on a consulting or part-time basis, but may be employed on a full-time basis.(B) Responsibilities. The pharmacist-in-charge shall have the responsibility for, at a minimum, the following:(i) establishing specifications for procurement and storage of all materials, including drugs, chemicals, and biologicals;(ii) participating in the development of a formulary for the FEMCF, subject to approval of the appropriate committee of the FEMCF;(iii) distributing drugs to be administered to patients pursuant to the practitioner's medication order;(iv) filling and labeling all containers from which drugs are to be distributed or dispensed;(v) maintaining and making available a sufficient inventory of antidotes and other emergency drugs, both in the pharmacy and patient care areas, as well as current antidote information, telephone numbers of regional poison control center and other emergency assistance organizations, and such other materials and information as may be deemed necessary by the appropriate committee of the FEMCF;(vi) maintaining records of all transactions of the FEMCF pharmacy as may be required by applicable state and federal law, and as may be necessary to maintain accurate control over and accountability for all pharmaceutical materials;(vii) participating in those aspects of the FEMCF's patient care evaluation program which relate to pharmaceutical material utilization and effectiveness;(viii) participating in teaching and/or research programs in the FEMCF;(ix) implementing the policies and decisions of the appropriate committee(s) relating to pharmaceutical services of the FEMCF;(x) providing effective and efficient messenger and delivery service to connect the FEMCF pharmacy with appropriate areas of the FEMCF on a regular basis throughout the normal workday of the FEMCF;(xi) labeling, storing, and distributing investigational new drugs, including maintaining information in the pharmacy and nursing station where such drugs are being administered, concerning the dosage form, route of administration, strength, actions, uses, side effects, adverse effects, interactions, and symptoms of toxicity of investigational new drugs;(xii) meeting all inspection and other requirements of the Texas Pharmacy Act and this section; and(xiii) maintaining records in a data processing system such that the data processing system is in compliance with the requirements for an FEMCF; and(xiv) ensuring that a pharmacist visits the FEMCF at least once each calendar week that the facility is open.(2) Consultant pharmacist.(A) The consultant pharmacist may be the pharmacist-in-charge.(B) A written contract shall exist between the FEMCF and any consultant pharmacist, and a copy of the written contract shall be made available to the board upon request.(3) Pharmacists.(A) General.(i) The pharmacist-in-charge shall be assisted by a sufficient number of additional licensed pharmacists as may be required to operate the FEMCF pharmacy competently, safely, and adequately to meet the needs of the patients of the facility.(ii) All pharmacists shall assist the pharmacist-in-charge in meeting the responsibilities as outlined in paragraph (1)(B) of this subsection and in ordering, administering, and accounting for pharmaceutical materials.(iii) All pharmacists shall be responsible for any delegated act performed by pharmacy technicians or pharmacy technician trainees under his or her supervision.(iv) All pharmacists while on duty shall be responsible for complying with all state and federal laws or rules governing the practice of pharmacy.(B) Duties. Duties of the pharmacist-in-charge and all other pharmacists shall include, but need not be limited to, the following:(i) receiving and interpreting prescription drug orders and oral medication orders and reducing these orders to writing either manually or electronically;(ii) selecting prescription drugs and/or devices and/or suppliers; and(iii) interpreting patient profiles.(C) Special requirements for compounding non-sterile preparations. All pharmacists engaged in compounding non-sterile preparations shall meet the training requirements specified in §291.131 of this title (relating to Pharmacies Compounding Non-Sterile Preparations).(4) Pharmacy technicians and pharmacy technician trainees.(A) General. All pharmacy technicians and pharmacy technician trainees shall meet the training requirements specified in §297.6 of this title (relating to Pharmacy Technician and Pharmacy Technician Trainee Training).(B) Duties. Pharmacy technicians and pharmacy technician trainees may not perform any of the duties listed in paragraph (3)(B) of this subsection. Duties may include, but need not be limited to, the following functions, under the direct supervision of a pharmacist:(i) prepacking and labeling unit and multiple dose packages, provided a pharmacist supervises and conducts a final check and affixes his or her name, initials, or electronic signature to the appropriate quality control records prior to distribution;(ii) preparing, packaging, compounding, or labeling prescription drugs pursuant to medication orders, provided a pharmacist supervises and checks the preparation;(iii) compounding non-sterile preparations pursuant to medication orders provided the pharmacy technicians or pharmacy technician trainees have completed the training specified in §291.131 of this title;(iv) bulk compounding, provided a pharmacist supervises and conducts in-process and final checks and affixes his or her name, initials, or electronic signature to the appropriate quality control records prior to distribution;(v) distributing routine orders for stock supplies to patient care areas;(vi) entering medication order and drug distribution information into a data processing system, provided judgmental decisions are not required and a pharmacist checks the accuracy of the information entered into the system prior to releasing the order or in compliance with the absence of pharmacist requirements contained in subsection (d)(6)(D) and (E) of this section;(vii) maintaining inventories of drug supplies;(viii) maintaining pharmacy records; and(ix) loading drugs into an automated medication supply system. For the purpose of this clause, direct supervision may be accomplished by physically present supervision or electronic monitoring by a pharmacist.(C) Procedures.(i) Pharmacy technicians and pharmacy technician trainees shall handle medication orders in accordance with standard written procedures and guidelines.(ii) Pharmacy technicians and pharmacy technician trainees shall handle prescription drug orders in the same manner as pharmacy technicians or pharmacy technician trainees working in a Class A pharmacy.(D) Special requirements for compounding non-sterile preparations. All pharmacy technicians and pharmacy technician trainees engaged in compounding non-sterile preparations shall meet the training requirements specified in §291.131 of this title.(5) Owner. The owner of an FEMCF pharmacy shall have responsibility for all administrative and operational functions of the pharmacy. The pharmacist-in-charge may advise the owner on administrative and operational concerns. The owner shall have responsibility for, at a minimum, the following, and if the owner is not a Texas licensed pharmacist, the owner shall consult with the pharmacist-in-charge or another Texas licensed pharmacist:(A) establishing policies for procurement of prescription drugs and devices and other products dispensed from the FEMCF pharmacy;(B) establishing and maintaining effective controls against the theft or diversion of prescription drugs;(C) if the pharmacy uses an automated medication supply system, reviewing and approving all policies and procedures for system operation, safety, security, accuracy and access, patient confidentiality, prevention of unauthorized access, and malfunction;(D) providing the pharmacy with the necessary equipment and resources commensurate with its level and type of practice; and(E) establishing policies and procedures regarding maintenance, storage, and retrieval of records in a data processing system such that the system is in compliance with state and federal requirements.(6) Identification of pharmacy personnel. All pharmacy personnel shall be identified as follows:(A) Pharmacy technicians. All pharmacy technicians shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician.(B) Pharmacy technician trainees. All pharmacy technician trainees shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician trainee.(C) Pharmacist interns. All pharmacist interns shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist intern.(D) Pharmacists. All pharmacists shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist.(d) Operational standards.(1) Licensing requirements.(A) An FEMCF pharmacy shall register annually or biennially with the board on a pharmacy license application provided by the board, following the procedures specified in §291.1 of this title (relating to Pharmacy License Application).(B) An FEMCF pharmacy which changes ownership shall notify the board within 10 days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(C) An FEMCF pharmacy which changes location and/or name shall notify the board of the change within 10 days and file for an amended license as specified in §291.3 of this title.(D) A pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within 10 days of the change, following the procedures in §291.3 of this title.(E) An FEMCF pharmacy shall notify the board in writing within 10 days of closing, following the procedures in §291.5 of this title (relating to Closing a Pharmacy).(F) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for issuance and renewal of a license and the issuance of an amended license.(G) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(H) An FEMCF pharmacy, which also operates another type of pharmacy which would otherwise be required to be licensed under the Act, §560.051(a)(1), concerning community pharmacy (Class A), is not required to secure a license for the other type of pharmacy; provided, however, such license is required to comply with the provisions of §291.31 of this title (relating to Definitions), §291.32 of this title (relating to Personnel), §291.33 of this title (relating to Operational Standards), §291.34 of this title (relating to Records), and §291.35 of this title (relating to Official Prescription Requirements), to the extent such sections are applicable to the operation of the pharmacy.(I) An FEMCF pharmacy engaged in the compounding of non-sterile preparations shall comply with the provisions of §291.131 of this title.(2) Environment.(A) General requirements.(i) Each FEMCF shall have a designated work area separate from patient areas, and which shall have space adequate for the size and scope of pharmaceutical services and shall have adequate space and security for the storage of drugs.(ii) The FEMCF pharmacy shall be arranged in an orderly fashion and shall be kept clean. All required equipment shall be clean and in good operating condition.(B) Special requirements.(i) The FEMCF pharmacy shall have locked storage for Schedule II controlled substances and other controlled drugs requiring additional security.(ii) The FEMCF pharmacy shall have a designated area for the storage of poisons and externals separate from drug storage areas.(C) Security.(i) The pharmacy and storage areas for prescription drugs and/or devices shall be enclosed and capable of being locked by key, combination, or other mechanical or electronic means, so as to prohibit access by unauthorized individuals. Only individuals authorized by the pharmacist-in-charge may enter the pharmacy or have access to storage areas for prescription drugs and/or devices.(ii) The pharmacist-in-charge shall consult with FEMCF personnel with respect to security of the drug storage areas, including provisions for adequate safeguards against theft or diversion of dangerous drugs, controlled substances, and records for such drugs.(iii) The pharmacy shall have locked storage for Schedule II controlled substances and other drugs requiring additional security.(3) Equipment and supplies. FEMCFs supplying drugs for outpatient use shall have the following equipment and supplies:(A) data processing system including a printer or comparable equipment;(B) adequate supply of child-resistant, moisture-proof, and light-proof containers; and(C) adequate supply of prescription labels and other applicable identification labels.(4) Library. A reference library shall be maintained that includes the following in hard copy or electronic format and that pharmacy personnel shall be capable of accessing at all times:(A) current copies of the following:(i) Texas Pharmacy Act and rules;(ii) Texas Dangerous Drug Act and rules;(iii) Texas Controlled Substances Act and rules; and(iv) Federal Controlled Substances Act and rules or official publication describing the requirements of the Federal Controlled Substances Act and rules;(B) at least one current or updated general drug information reference which is required to contain drug interaction information including information needed to determine severity or significance of the interaction and appropriate recommendations or actions to be taken; and(C) basic antidote information and the telephone number of the nearest regional poison control center.(5) Drugs.(A) Procurement, preparation, and storage.(i) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff of the facility, relative to such responsibility.(ii) The pharmacist-in-charge shall have the responsibility for determining specifications of all drugs procured by the facility.(iii) FEMCF pharmacies may not sell, purchase, trade, or possess prescription drug samples, unless the pharmacy meets the requirements as specified in §291.16 of this title (relating to Samples).(iv) All drugs shall be stored at the proper temperatures, as defined in the USP/NF and in §291.15 of this title (relating to Storage of Drugs).(v) Any drug bearing an expiration date may not be dispensed or distributed beyond the expiration date of the drug.(vi) Outdated drugs shall be removed from dispensing stock and shall be quarantined together until such drugs are disposed of.(B) Formulary.(i) A formulary may be developed by an appropriate committee of the FEMCF.(ii) The pharmacist-in-charge, consultant pharmacist, or designee shall be a full voting member of any committee which involves pharmaceutical services.(iii) A practitioner may grant approval for pharmacists at the FEMCF to interchange, in accordance with the facility's formulary, for the drugs on the practitioner's medication orders provided:(I) a formulary has been developed;(II) the formulary has been approved by the medical staff of the FEMCF;(III) there is a reasonable method for the practitioner to override any interchange; and(IV) the practitioner authorizes a pharmacist in the FEMCF to interchange on his/her medication orders in accordance with the facility's formulary through his/her written agreement to abide by the policies and procedures of the medical staff and facility.(C) Prepackaging and loading drugs into automated medication supply system.(i) Prepackaging of drugs.(I) Drugs may be prepackaged in quantities suitable for internal distribution only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.(II) The label of a prepackaged unit shall indicate:(-a-) brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;(-b-) facility's lot number;(-c-) expiration date; and(-d-) quantity of the drug, if quantity is greater than one.(III) Records of prepackaging shall be maintained to show:(-a-) the name of the drug, strength, and dosage form;(-b-) facility's lot number;(-c-) manufacturer or distributor;(-d-) manufacturer's lot number;(-e-) expiration date;(-f-) quantity per prepackaged unit;(-g-) number of prepackaged units;(-h-) date packaged;(-i-) name, initials, or electronic signature of the prepacker; and(-j-) signature or electronic signature of the responsible pharmacist.(IV) Stock packages, repackaged units, and control records shall be quarantined together until checked/released by the pharmacist.(ii) Loading bulk unit of use drugs into automated medication supply systems. Automated medication supply systems may be loaded with bulk unit of use drugs only by a pharmacist, by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist, or by a licensed nurse who is authorized by the pharmacist to perform the loading of the automated medication supply system. For the purpose of this clause, direct supervision may be accomplished by physically present supervision or electronic monitoring by a pharmacist. In order for the pharmacist to electronically monitor, the medication supply system must allow for bar code scanning to verify the loading of drugs, and a record of the loading must be maintained by the system and accessible for electronic review by the pharmacist.(6) Medication orders.(A) Drugs may be administered to patients in FEMCFs only on the order of a practitioner. No change in the order for drugs may be made without the approval of a practitioner except as authorized by the practitioner in compliance with paragraph (5)(B) of this subsection.(B) Drugs may be distributed only pursuant to the copy of the practitioner's medication order.(C) FEMCF pharmacies shall be exempt from the labeling provisions and patient notification requirements of §562.006 and §562.009 of the Act, as respects drugs distributed pursuant to medication orders.(D) In FEMCFs with a full-time pharmacist, if a practitioner orders a drug for administration to a bona fide patient of the facility when the pharmacy is closed, the following is applicable:(i) prescription drugs and devices only in sufficient quantities for immediate therapeutic needs of a patient may be removed from the FEMCF pharmacy;(ii) only a designated licensed nurse or practitioner may remove such drugs and devices;(iii) a record shall be made at the time of withdrawal by the authorized person removing the drugs and devices. The record shall contain the following information:(I) name of the patient;(II) name of device or drug, strength, and dosage form;(III) dose prescribed;(IV) quantity withdrawn;(V) time and date; and(VI) signature or electronic signature of the person making the withdrawal;(iv) the medication order in the patient's chart may substitute for such record, provided the medication order meets all the requirements of clause (iii) of this subparagraph;(v) the pharmacist shall verify the withdrawal of a controlled substance as soon as practical, but in no event more than 72 hours from the time of such withdrawal; and(vi) the pharmacist shall verify the withdrawal of a dangerous drug at a reasonable interval, but such verification must occur at least once in every calendar week.(E) In FEMCFs with a part-time or consultant pharmacist, if a practitioner orders a drug for administration to a bona fide patient of the FEMCF when the pharmacist is not on duty, or when the pharmacy is closed, the following is applicable:(i) prescription drugs and devices only in sufficient quantities for therapeutic needs may be removed from the FEMCF pharmacy;(ii) only a designated licensed nurse or practitioner may remove such drugs and devices;(iii) a record shall be made at the time of withdrawal by the authorized person removing the drug or device as described in clauses (6)(D)(iii) and (iv) of this subsection; and(iv) the pharmacist shall verify withdrawals at a reasonable interval, but such verification must occur at least once in every calendar week that the pharmacy is open.(7) Floor stock. In facilities using a floor stock method of drug distribution, the pharmacy shall establish designated floor stock areas outside of the central pharmacy where drugs may be stored, in accordance with the pharmacy's policies and procedures. The following is applicable for removing drugs or devices in the absence of a pharmacist:(A) prescription drugs and devices may be removed from the pharmacy only in the original manufacturer's container or prepackaged container;(B) only a designated licensed nurse or practitioner may remove such drugs and devices;(C) a record shall be made at the time of withdrawal by the authorized person removing the drug or device and the record shall contain the following information:(i) name of the drug, strength, and dosage form;(ii) quantity removed;(iii) location of floor stock;(iv) date and time; and(v) signature or electronic signature of person making the withdrawal;(D) the medication order in the patient's chart may substitute for the record required in subparagraph (C) of this paragraph, provided the medication order meets all the requirements of subparagraph (C) of this paragraph; and(E) if a stored drug or device is returned to the pharmacy from floor stock areas, a record shall be made by the authorized person returning the drug or device. The record shall contain the following information:(i) drug name, strength, and dosage form, or device name;(ii) quantity returned;(iii) previous floor stock location for the drug or device;(iv) date and time; and(v) signature or electronic signature of person returning the drug or device.(8) Policies and procedures. Written policies and procedures for a drug distribution system, appropriate for the freestanding emergency medical facility, shall be developed and implemented by the pharmacist-in-charge with the advice of the appropriate committee. The written policies and procedures for the drug distribution system shall include, but not be limited to, procedures regarding the following:(A) controlled substances;(B) investigational drugs;(C) prepackaging and manufacturing;(D) medication errors;(E) orders of physician or other practitioner;(F) floor stocks;(G) adverse drug reactions;(H) drugs brought into the facility by the patient;(I) self-administration;(J) emergency drug tray;(K) formulary, if applicable;(L) drug storage areas;(M) drug samples;(N) drug product defect reports;(O) drug recalls;(P) outdated drugs;(Q) preparation and distribution of IV admixtures;(R) procedures for supplying drugs for postoperative use, if applicable;(S) use of automated medication supply systems;(T) use of data processing systems; and(U) drug regimen review.(9) Drugs supplied for outpatient use. Drugs provided to patients for take home use shall be supplied according to the following procedures.(A) Drugs may only be supplied to patients who have been admitted to the FEMCF.(B) Drugs may only be supplied in accordance with the system of control and accountability established for drugs supplied from the FEMCF; such system shall be developed and supervised by the pharmacist-in-charge or staff pharmacist designated by the pharmacist-in-charge.(C) Only drugs listed on the approved outpatient drug list may be supplied; such list shall be developed by the pharmacist-in-charge and the medical staff and shall consist of drugs of the nature and type to meet the immediate postoperative needs of the FEMCF patient.(D) Drugs may only be supplied in prepackaged quantities not to exceed a 72-hour supply in suitable containers and appropriately prelabeled (including name, address, and phone number of the facility and necessary auxiliary labels) by the pharmacy, provided, however that topicals and ophthalmics in original manufacturer's containers may be supplied in a quantity exceeding a 72-hour supply.(E) At the time of delivery of the drug, the practitioner shall complete the label, such that the prescription container bears a label with at least the following information:(i) date supplied;(ii) name of practitioner;(iii) name of patient;(iv) directions for use;(v) brand name and strength of the drug; or if no brand name, then the generic name of the drug dispensed, strength, and the name of the manufacturer or distributor of the drug; and(vi) unique identification number.(F) After the drug has been labeled, the practitioner or a licensed nurse under the supervision of the practitioner shall give the appropriately labeled, prepackaged medication to the patient.(G) A perpetual record of drugs which are supplied from the FEMCF shall be maintained which includes:(i) name, address, and phone number of the facility;(ii) date supplied;(iii) name of practitioner;(iv) name of patient;(v) directions for use;(vi) brand name and strength of the drug; or if no brand name, then the generic name of the drug dispensed, strength, and the name of the manufacturer or distributor of the drug; and(vii) unique identification number.(H) The pharmacist-in-charge, or a pharmacist designated by the pharmacist-in-charge, shall review the records at least once in every calendar week that the pharmacy is open.(10) Drug regimen review.(A) A pharmacist shall evaluate medication orders and patient medication records for:(i) known allergies;(ii) rational therapy--contraindications;(iii) reasonable dose and route of administration;(iv) reasonable directions for use;(v) duplication of therapy;(vi) drug-drug interactions;(vii) drug-food interactions;(viii) drug-disease interactions;(ix) adverse drug reactions;(x) proper utilization, including overutilization or underutilization; and(xi) clinical laboratory or clinical monitoring methods to monitor and evaluate drug effectiveness, side effects, toxicity, or adverse effects, and appropriateness to continued use of the drug in its current regimen.(B) A retrospective, random drug regimen review as specified in the pharmacy's policies and procedures shall be conducted on a periodic basis to verify proper usage of drugs not to exceed 31 days between such reviews.(C) Any questions regarding the order must be resolved with the prescriber and a written notation of these discussions made and maintained.(e) Records.(1) Maintenance of records.(A) Every inventory or other record required to be kept under the provisions of this section (relating to Pharmacies Located in a Freestanding Emergency Medical Care Facility (Class F) shall be:(i) kept by the pharmacy and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative, and other authorized local, state, or federal law enforcement agencies; and(ii) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the board. If the pharmacy maintains the records in an electronic format, the requested records must be provided in a mutually agreeable electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this subsection, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(B) Records of controlled substances listed in Schedule II shall be maintained separately and readily retrievable from all other records of the pharmacy.(C) Records of controlled substances listed in Schedules III - V shall be maintained separately or readily retrievable from all other records of the pharmacy. For purposes of this subparagraph, \"readily retrievable\" means that the controlled substances shall be asterisked, redlined, or in some other manner readily identifiable apart from all other items appearing on the record.(D) Records, except when specifically required to be maintained in original or hard copy form, may be maintained in an alternative data retention system, such as a data processing or direct imaging system, provided:(i) the records in the alternative data retention system contain all of the information required on the manual record; and(ii) the alternative data retention system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(E) Controlled substance records shall be maintained in a manner to establish receipt and distribution of all controlled substances.(F) An FEMCF pharmacy shall maintain a perpetual inventory of controlled substances listed in Schedules II - V which shall be verified by a pharmacist for completeness and reconciled at least once in every calendar week that the pharmacy is open.(G) Distribution records for controlled substances, listed in Schedules II - V, shall include the following information:(i) patient's name;(ii) practitioner's name who ordered the drug;(iii) name of drug, dosage form, and strength;(iv) time and date of administration to patient and quantity administered;(v) signature or electronic signature of individual administering the controlled substance;(vi) returns to the pharmacy; and(vii) waste (waste is required to be witnessed and cosigned, manually or electronically, by another individual).(H) The record required by subparagraph (G) of this paragraph shall be maintained separately from patient records.(I) A pharmacist shall conduct an audit by randomly comparing the distribution records required by subparagraph (G) of this paragraph with the medication orders in the patient record on a periodic basis to verify proper administration of drugs not to exceed 30 days between such reviews.(2) Patient records.(A) Each medication order or set of orders issued together shall bear the following information:(i) patient name;(ii) drug name, strength, and dosage form;(iii) directions for use;(iv) date; and(v) signature or electronic signature of the practitioner or that of his or her authorized agent, defined as a licensed nurse employee or consultant/full or part-time pharmacist of the FEMCF.(B) Medication orders shall be maintained with the medication administration record in the medical records of the patient.(3) General requirements for records maintained in a data processing system.(A) If an FEMCF pharmacy's data processing system is not in compliance with the board's requirements, the pharmacy must maintain a manual recordkeeping system.(B) The facility shall maintain a backup copy of information stored in the data processing system using disk, tape, or other electronic backup system and update this backup copy on a regular basis to assure that data is not lost due to system failure.(C) A pharmacy that changes or discontinues use of a data processing system must:(i) transfer the records to the new data processing system; or(ii) purge the records to a printout which contains:(I) all of the information required on the original document; or(II) for records of distribution and return for all controlled substances, the same information as required on the audit trail printout as specified in subparagraph (F) of this paragraph. The information on the printout shall be sorted and printed by drug name and list all distributions and returns chronologically.(D) Information purged from a data processing system must be maintained by the pharmacy for two years from the date of initial entry into the data processing system.(E) The pharmacist-in-charge shall report to the board in writing any significant loss of information from the data processing system within 10 days of discovery of the loss.(F) The data processing system shall have the capacity to produce a hard copy printout of an audit trail of drug distribution and return for any strength and dosage form of a drug (by either brand or generic name or both) during a specified time period. This printout shall contain the following information:(i) patient's name or patient's facility identification number;(ii) prescribing or attending practitioner's name;(iii) name, strength, and dosage form of the drug product actually distributed;(iv) total quantity distributed from and returned to the pharmacy;(v) if not immediately retrievable via electronic image, the following shall also be included on the printout:(I) prescribing or attending practitioner's address; and(II) practitioner's DEA registration number, if the medication order is for a controlled substance.(G) An audit trail printout for each strength and dosage form of the drugs distributed during the preceding month shall be produced at least monthly and shall be maintained in a separate file at the facility. The information on this printout shall be sorted by drug name and list all distributions/returns for that drug chronologically.(H) The pharmacy may elect not to produce the monthly audit trail printout if the data processing system has a workable (electronic) data retention system which can produce an audit trail of drug distribution and returns for the preceding two years. The audit trail required in this clause shall be supplied by the pharmacy within 72 hours, if requested by an authorized agent of the board, or other authorized local, state, or federal law enforcement or regulatory agencies.(I) In the event that an FEMCF pharmacy which uses a data processing system experiences system downtime, the pharmacy must have an auxiliary procedure which will ensure that all data is retained for online data entry as soon as the system is available for use again.(4) Distribution of controlled substances to another registrant. A pharmacy may distribute controlled substances to a practitioner, another pharmacy, or other registrant, without being registered to distribute, under the following conditions.(A) The registrant to whom the controlled substance is to be distributed is registered under the Controlled Substances Act to possess that controlled substance.(B) The total number of dosage units of controlled substances distributed by a pharmacy may not exceed 5.0% of all controlled substances dispensed by the pharmacy during the 12-month period in which the pharmacy is registered; if at any time it does exceed 5.0%, the pharmacy is required to obtain an additional registration to distribute controlled substances.(C) If the distribution is for a Schedule III, IV, or V controlled substance, a record shall be maintained which indicates:(i) the actual date of distribution;(ii) the name, strength, and quantity of controlled substances distributed;(iii) the name, address, and DEA registration number of the distributing pharmacy; and(iv) the name, address, and DEA registration number of the pharmacy, practitioner, or other registrant to whom the controlled substances are distributed.(D) A pharmacy shall comply with 21 CFR 1305 regarding the DEA order form (DEA 222) requirements when distributing a Schedule II controlled substance.(5) Other records. Other records to be maintained by the pharmacy include:(A) a permanent log of the initials or identification codes which identifies each pharmacist by name. The initials or identification code shall be unique to ensure that each pharmacist can be identified, i.e., identical initials or identification codes cannot be used;(B) suppliers' invoices of dangerous drugs and controlled substances dated and initialed or signed by the person receiving the drugs;(i) a pharmacist shall verify that the controlled substances listed on the invoices were added to the pharmacy's perpetual inventory by clearly recording his/her initials and the date of review of the perpetual inventory; and(ii) for controlled substances, the documents retained must contain the name, strength and quantity of controlled substances distributed, and the name, address and DEA number of both registrants; the supplier and the receiving pharmacy;(C) supplier's credit memos for controlled substances and dangerous drugs;(D) a copy of inventories required by §291.17 of this title (relating to Inventory Requirements) except that a perpetual inventory of controlled substances listed in Schedule II may be kept in a data processing system if the data processing system is capable of producing a hard copy of the perpetual inventory on site;(E) reports of surrender or destruction of controlled substances and/or dangerous drugs to an appropriate state or federal agency or reverse distributor;(F) records of distribution of controlled substances and/or dangerous drugs to other pharmacies, practitioners, or registrants; and(G) a copy of any notification required by the Texas Pharmacy Act or these rules, including, but not limited to, the following:(i) reports of theft or significant loss of controlled substances to DEA and the board;(ii) notification of a change in pharmacist-in-charge of a pharmacy; and(iii) reports of a fire or other disaster which may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or treatment of injury, illness, and disease.(6) Permission to maintain central records. Any pharmacy that uses a centralized recordkeeping system for invoices and financial data shall comply with the following procedures.(A) Controlled substance records. Invoices and financial data for controlled substances may be maintained at a central location provided the following conditions are met:(i) Prior to the initiation of central recordkeeping, the pharmacy submits written notification by registered or certified mail to the divisional director of DEA as required by the Code of Federal Regulations, Title 21, §1304(a), and submits a copy of this written notification to the board. Unless the registrant is informed by the divisional director of DEA that permission to keep central records is denied, the pharmacy may maintain central records commencing 14 days after receipt of notification by the divisional director;(ii) The pharmacy maintains a copy of the notification required in this subparagraph; and(iii) The records to be maintained at the central record location shall not include executed DEA order forms, prescription drug orders, or controlled substance inventories, which shall be maintained at the pharmacy.(B) Dangerous drug records. Invoices and financial data for dangerous drugs may be maintained at a central location.(C) Access to records. If the records are kept on microfilm, computer media, or in any form requiring special equipment to render the records easily readable, the pharmacy shall provide access to such equipment with the records.(D) Delivery of records. The pharmacy agrees to deliver all or any part of such records to the pharmacy location within two business days of written request of a board agent or any other authorized official.", "sourceNote": "Source Note: The provisions of this §291.151 adopted to be effective March 11, 2010, 35 TexReg 2005; amended to be effective September 14, 2010, 35 TexReg 8358; amended to be effective March 10, 2011, 36 TexReg 1547; amended to be effective September 11, 2014, 39 TexReg 7129; amended to be effective December 6, 2015, 40 TexReg 8780; amended to be effective September 11, 2016, 41 TexReg 6737; amended to be effective June 7, 2018, 43 TexReg 3592; amended to be effective June 20, 2019, 44 TexReg 2952; amended to be effective September 9, 2021, 46 TexReg 5560; amended to be effective August 27, 2023, 48 TexReg 4671." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202027&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202027", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "291", "label": "PHARMACIES" }, "subchapter": { "number": "H", "label": "OTHER CLASSES OF PHARMACY" }, "rule": { "number": "§291.153", "label": "Central Prescription Drug or Medication Order Processing Pharmacy (Class G)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199757", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose.(1) The purpose of this section is to provide standards for a centralized prescription drug or medication order processing pharmacy.(2) Any facility established for the primary purpose of processing prescription drug or medication drug orders shall be licensed as a Class G pharmacy under the Act. A Class G pharmacy shall not store bulk drugs or dispense a prescription drug order. Nothing in this subsection shall prohibit an individual pharmacist employee, individual pharmacy technician employee, or individual pharmacy technician trainee employee who is licensed in Texas from remotely accessing the pharmacy's electronic database from a location other than a licensed pharmacy in order to process prescription or medication drug orders, provided the pharmacy establishes controls to protect the privacy and security of confidential records, and the Texas-licensed pharmacist, pharmacy technician, or pharmacy technician trainee does not engage in the receiving of written prescription or medication orders or the maintenance of prescription or medication drug orders at the non-licensed remote location.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Any term not defined in this section shall have the definition set out in the Act.(1) Centralized prescription drug or medication order processing--The processing of prescription drug or medication orders by a Class G pharmacy on behalf of another pharmacy, a health care provider, or a payor. Centralized prescription drug or medication order processing does not include the dispensing of a prescription drug but includes any of the following:(A) receiving, interpreting, or clarifying prescription drug or medication orders;(B) data entering and transferring of prescription drug or medication order information;(C) performing drug regimen review;(D) obtaining refill and substitution authorizations;(E) verifying accurate prescription data entry;(F) interpreting clinical data for prior authorization for dispensing;(G) performing therapeutic interventions; and(H) providing drug information concerning a patient's prescription.(2) Full-time pharmacist--A pharmacist who works in a pharmacy from 30 to 40 hours per week or, if the pharmacy is open less than 60 hours per week, one-half of the time the pharmacy is open.(c) Personnel.(1) Pharmacist-in-charge.(A) General. Each Class G pharmacy shall have one pharmacist-in-charge who is employed on a full-time basis, who may be the pharmacist-in-charge for only one such pharmacy.(B) Responsibilities. The pharmacist-in-charge shall have responsibility for the practice of pharmacy at the pharmacy for which he or she is the pharmacist-in-charge. The pharmacist-in-charge may advise the owner on administrative or operational concerns. The pharmacist-in-charge shall have responsibility for, at a minimum, the following:(i) educating and training pharmacy technicians and pharmacy technician trainees;(ii) maintaining records of all transactions of the Class G pharmacy required by applicable state and federal laws and regulations;(iii) adhering to policies and procedures regarding the maintenance of records in a data processing system such that the data processing system is in compliance with Class G pharmacy requirements; and(iv) legally operating the pharmacy, including meeting all inspection and other requirements of all state and federal laws or regulations governing the practice of pharmacy.(2) Owner. The owner of a Class G pharmacy shall have responsibility for all administrative and operational functions of the pharmacy. The pharmacist-in-charge may advise the owner on administrative and operational concerns. The owner shall have responsibility for, at a minimum, the following, and if the owner is not a Texas licensed pharmacist, the owner shall consult with the pharmacist-in-charge or another Texas licensed pharmacist:(A) providing the pharmacy with the necessary equipment and resources commensurate with its level and type of practice; and(B) establishing policies and procedures regarding maintenance, storage, and retrieval of records in a data processing system such that the system is in compliance with state and federal requirements.(3) Pharmacists.(A) General.(i) The pharmacist-in-charge shall be assisted by a sufficient number of additional licensed pharmacists as may be required to operate the Class G pharmacy competently, safely, and adequately to meet the needs of the patients of the pharmacy.(ii) All pharmacists shall assist the pharmacist-in-charge in meeting his or her responsibilities.(iii) Pharmacists are solely responsible for the direct supervision of pharmacy technicians and pharmacy technician trainees and for designating and delegating duties, other than those listed in subparagraph (B) of this paragraph, to pharmacy technicians and pharmacy technician trainees. Each pharmacist shall be responsible for any delegated act performed by pharmacy technicians and pharmacy technician trainees under his or her supervision.(iv) Pharmacists shall directly supervise pharmacy technicians and pharmacy technician trainees who are entering prescription data into the pharmacy's data processing system by one of the following methods.(I) Physically present supervision. A pharmacist shall be physically present to directly supervise a pharmacy technician or pharmacy technician trainee who is entering prescription order or medication order data into the data processing system. Each prescription or medication order entered into the data processing system shall be verified at the time of data entry.(II) Electronic supervision. A pharmacist may electronically supervise a pharmacy technician or pharmacy technician trainee who is entering prescription order or medication order data into the data processing system provided the pharmacist:(-a-) has the ability to immediately communicate directly with the technician/trainee;(-b-) has immediate access to any original document containing prescription or medication order information or other information related to the dispensing of the prescription or medication order. Such access may be through imaging technology provided the pharmacist has the ability to review the original, hardcopy documents if needed for clarification; and(-c-) verifies the accuracy of the data entered information prior to the release of the information to the system for storage.(III) Electronic verification of data entry by pharmacy technicians or pharmacy technician trainees. A pharmacist may electronically verify the data entry of prescription information into a data processing system provided:(-a-) the pharmacist has the ability to immediately communicate directly with the technician/trainee;(-b-) the pharmacist electronically conducting the verification is either a:(-1-) Texas licensed pharmacist; or(-2-) pharmacist employed by a Class E pharmacy that has the same owner as the Class G pharmacy where the pharmacy technicians/trainees are located, or that has entered into a written contract or agreement with the Class G pharmacy which outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations;(-c-) the pharmacy establishes controls to protect the privacy and security of confidential records; and(-d-) the pharmacy keeps permanent records of prescriptions electronically verified for a period of two years.(v) All pharmacists while on duty, shall be responsible for complying with all state and federal laws or rules governing the practice of pharmacy.(B) Duties. Duties which may only be performed by a pharmacist are as follows:(i) receiving oral prescription drug or medication orders for controlled substances and reducing these orders to writing, either manually or electronically;(ii) interpreting prescription drug or medication orders;(iii) selecting drug products;(iv) verifying the data entry of the prescription drug or medication order information at the time of data entry prior to the release of the information to a Class A, Class C, or Class E pharmacy for dispensing;(v) communicating to the patient or patient's agent information about the prescription drug or device which in the exercise of the pharmacist's professional judgment, the pharmacist deems significant, as specified in §291.33(c) of this title (relating to Operational Standards);(vi) communicating to the patient or the patient's agent on his or her request information concerning any prescription drugs dispensed to the patient by the pharmacy;(vii) assuring that a reasonable effort is made to obtain, record, and maintain patient medication records; and(viii) interpreting patient medication records and performing drug regimen reviews.(4) Pharmacy Technicians and Pharmacy Technician Trainees. (A) General. All pharmacy technicians and pharmacy technician trainees shall meet the training requirements specified in §297.6 of this title (relating to Pharmacy Technician and Pharmacy Technician Trainee Training).(B) Duties.(i) Pharmacy technicians and pharmacy technician trainees may not perform any of the duties listed in paragraph (3)(B) of this subsection.(ii) A pharmacist may delegate to pharmacy technicians and pharmacy technician trainees any nonjudgmental technical duty associated with the preparation and distribution of prescription drugs provided:(I) a pharmacist verifies the accuracy of all acts, tasks, and functions performed by pharmacy technicians and pharmacy technician trainees; and(II) pharmacy technicians and pharmacy technician trainees are under the direct supervision of and responsible to a pharmacist.(iii) Pharmacy technicians and pharmacy technician trainees may perform only nonjudgmental technical duties associated with the preparation of prescription drugs, as follows:(I) initiating and receiving refill authorization requests; and(II) entering prescription or medication order data into a data processing system.(iv) In addition to the duties listed above in clause (iii) of this subparagraph, pharmacy technicians may perform the following nonjudgmental technical duties associated with the preparation and distribution of prescription drugs:(I) receiving oral prescription drug or medication orders for dangerous drugs and reducing these orders to writing, either manually or electronically; and(II) transferring or receiving a transfer of original prescription drug or medication order information for a dangerous drug on behalf of a patient.(5) Identification of pharmacy personnel. All pharmacy personnel shall be identified as follows.(A) Pharmacy technicians. All pharmacy technicians shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician, or a certified pharmacy technician, if the technician maintains current certification with the Pharmacy Technician Certification Board or any other entity providing an examination approved by the board.(B) Pharmacy technician trainees. All pharmacy technician trainees shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacy technician trainee. (C) Pharmacist interns. All pharmacist interns shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist intern.(D) Pharmacists. All pharmacists shall wear an identification tag or badge that bears the person's name and identifies him or her as a pharmacist.(d) Operational Standards.(1) General requirements.(A) A Class A, Class C, or Class E Pharmacy may outsource prescription drug or medication order processing to a Class G pharmacy provided the pharmacies:(i) have:(I) the same owner; or(II) entered into a written contract or agreement which outlines the services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with federal and state laws and regulations; and(ii) share a common electronic file or have appropriate technology to allow access to sufficient information necessary or required to perform a non-dispensing function.(B) A Class G pharmacy shall comply with the provisions applicable to the class of pharmacy contained in §§291.31 - 291.35 of this title (relating to Definitions, Personnel, Operational Standards, Records, and Official Prescription Requirements in a Class A (Community) Pharmacy), §§291.72 - 291.75 of this title (relating to Definitions, Personnel, Operational Standards, and Records in a Class C (Institutional) Pharmacy), or §§291.102 - 291.105 of this title (relating to Definitions, Personnel, Operational Standards, and Records in a Class E (Non-Resident) Pharmacy) to the extent applicable for the specific processing activity and this section including:(i) duties which must be performed by a pharmacist; and(ii) supervision requirements for pharmacy technicians and pharmacy technician trainees.(2) Licensing requirements.(A) A Class G pharmacy shall register with the board on a pharmacy license application provided by the board, following the procedures specified in §291.1 of this title (relating to Pharmacy License Application).(B) A Class G pharmacy which changes ownership shall notify the board within 10 days of the change of ownership and apply for a new and separate license as specified in §291.3 of this title (relating to Required Notifications).(C) A Class G pharmacy which changes location and/or name shall notify the board of the change within 10 days and file for an amended license as specified in §291.3 of this title.(D) A Class G pharmacy owned by a partnership or corporation which changes managing officers shall notify the board in writing of the names of the new managing officers within 10 days of the change, following the procedures in §291.3 of this title.(E) A Class G pharmacy shall notify the board in writing within 10 days of closing, following the procedures in §291.5 of this title (relating to Closing a Pharmacy).(F) A fee as specified in §291.6 of this title (relating to Pharmacy License Fees) will be charged for issuance and renewal of a license and the issuance of an amended license.(G) A separate license is required for each principal place of business and only one pharmacy license may be issued to a specific location.(3) Environment.(A) General requirements.(i) The pharmacy shall be arranged in an orderly fashion and kept clean. All required equipment shall be in good operating condition.(ii) The pharmacy shall be properly lighted and ventilated. (iii) The pharmacy is not required to have a sink exclusive of restroom facilities.(B) Security.(i) Each pharmacist while on duty shall be responsible for the security of the prescription department, including provisions for effective control against theft or diversion of prescription drug records.(ii) Pharmacies shall employ appropriate measures to ensure that security of prescription drug records is maintained at all times to prohibit unauthorized access.(4) Policy and Procedures. A policy and procedure manual shall be maintained by the Class G pharmacy and be available for inspection. The manual shall:(A) outline the responsibilities of each of the pharmacies; (B) include a list of the name, address, telephone numbers, and all license/registration numbers of the pharmacies involved in centralized prescription drug or medication order processing; and(C) include policies and procedures for:(i) protecting the confidentiality and integrity of patient information;(ii) maintaining appropriate records to identify the name(s), initials, or identification code(s) and specific activity(ies) of each pharmacist or pharmacy technician who performed any processing;(iii) complying with federal and state laws and regulations; (iv) operating a continuous quality improvement program for pharmacy services designed to objectively and systematically monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, and resolve identified problems; and(v) annually reviewing the written policies and procedures and documenting such review.(e) Records.(1) every record required to be kept under the provisions of this section shall be:(A) kept by the pharmacy and be available, for at least two years from the date of such inventory or record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and(B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the board. If the pharmacy maintains the records in an electronic format, the requested records must be provided in a mutually agreeable electronic format if specifically requested by the board or its representative. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.(2) The pharmacy shall maintain appropriate records which identify, by prescription drug or medication order, the name(s), initials, or identification code(s) of each pharmacist, pharmacy technician, or pharmacy technician trainee who performs a processing function for a prescription drug or medication order. Such records may be maintained: (A) separately by each pharmacy and pharmacist; or(B) in a common electronic file as long as the records are maintained in such a manner that the data processing system can produce a printout which lists the functions performed by each pharmacy and pharmacist.(3) In addition, the pharmacy shall comply with the record keeping requirements applicable to the class of pharmacy to the extent applicable for the specific processing activity and this section.", "sourceNote": "Source Note: The provisions of this §291.153 adopted to be effective January 1, 2011, 35 TexReg 8358; amended to be effective July 11, 2011, 36 TexReg 4413; amended to be effective June 7, 2012, 37 TexReg 4047; amended to be effective March 26, 2014, 39 TexReg 2081; amended to be effective March 7, 2018, 43 TexReg 1278; amended to be effective June 20, 2019, 44 TexReg 2952; amended to be effective September 9, 2020, 45 TexReg 6237; amended to be effective December 10, 2020, 45 TexReg 8865." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199757", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.1", "label": "Change of Address and/or Name" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187994", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Change of address. A pharmacist shall notify the board in writing within 10 days of a change of address, giving the old and new address and license number.(b) Change of name.(1) A pharmacist shall notify the board in writing within 10 days of a change of name by sending a copy of the official document reflecting the name change (e.g., marriage certificate, divorce decree, etc.).(2) Pharmacists who change their name may retain the original license to practice pharmacy (wall certificate). However, if the pharmacist wants an amended license (wall certificate) issued which reflects the pharmacist's name change, the pharmacist must:(A) return the original license (wall certificate); and(B) pay a fee of $35.(3) An amended electronic renewal certificate reflecting the new name of the pharmacist will be issued by the board without a fee.", "sourceNote": "Source Note: The provisions of this §295.1 adopted to be effective January 1, 1976; amended to be effective February 20, 1991, 16 TexReg 773; amended to be effective January 3, 2000, 24 TexReg 12068; amended to be effective March 15, 2015, 40 TexReg 1089; amended to be effective June 20, 2019, 44 TexReg 2956; amended to be effective June 18, 2020, 45 TexReg 4035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187994&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187994", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.2", "label": "Change of Employment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "1791", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A pharmacist shall report in writing to the board within 10 days of a change of employment and be responsible for seeing that his or her name is removed from the pharmacy license of last employment and added to the pharmacy license of new employment.(b) For the purposes of this section, the term \"employment\" means the pharmacy at which the pharmacist engages in work on a regular and routine basis, whether remunerative or not, including the practice of pharmacy, administrative or managerial duties, supervisory tasks, or direct or indirect contractual services for pay. The term does not include an isolated case of practicing pharmacy on a temporary basis in order to relieve another pharmacist, unless such isolated cases become regular and routine.", "sourceNote": "Source Note: The provisions of this §295.2 adopted to be effective January 1, 1976; amended to be effective April 3, 1987, 12 TexReg 953; amended to be effective March 7, 2018, 43 TexReg 1278." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "1791", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.3", "label": "Responsibility of Pharmacist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11593", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The pharmacist-in-charge shall insure that a pharmacy is in compliance with all state and federal laws and rules governing the practice of pharmacy.(b) All pharmacists while on duty, shall be responsible for complying with all state and federal laws and rules governing the practice of pharmacy.", "sourceNote": "Source Note: The provisions of this §295.3 adopted to be effective April 3, 1987, 12 TexReg 953." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11593&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11593", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.4", "label": "Sharing Money Received for Prescription" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225954", "queryAsDate": "03/11/2026" }, "ruleBody": "No pharmacist may share or offer to share the money received from a customer for filling a prescription with the practitioner.", "sourceNote": "Source Note: The provisions of this §295.4 adopted to be effective January 1, 1976." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225954", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.5", "label": "Pharmacist License or Renewal Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172730", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Biennial Registration. The Texas State Board of Pharmacy shall require biennial renewal of all pharmacist licenses provided under the Pharmacy Act, §559.002.(b) Initial License Fee.(1) The fee for the initial license shall be $399 for a two-year registration.(2) New pharmacist licenses shall be assigned an expiration date and initial fee shall be prorated based on the assigned expiration date.(c) Renewal Fee. The fee for biennial renewal of a pharmacist license shall be $396 for a two-year registration.(d) Exemption from fee. The license of a pharmacist who has been licensed by the Texas State Board of Pharmacy for at least 50 years or who is at least 72 years old shall be renewed without payment of a fee provided such pharmacist is not actively practicing pharmacy. The renewal certificate of such pharmacist issued by the board shall reflect an inactive status. A person whose license is renewed pursuant to this subsection may not engage in the active practice of pharmacy without first paying the renewal fee as set out in subsection (c) of this section.", "sourceNote": "Source Note: The provisions of this §295.5 adopted to be\r\neffective December 23, 2003, 28 TexReg 11263; amended to be effective\r\nMarch 6, 2006, 31 TexReg 1444; amended to be effective November 1,\r\n2006, 31 TexReg 6733; amended to be effective October 1, 2007, 32\r\nTexReg 6374; amended to be effective October 1, 2009, 34 TexReg 6112;\r\namended to be effective September 14, 2010, 35 TexReg 8364; amended\r\nto be effective December 1, 2011, 36 TexReg 5847; amended to be effective\r\nOctober 1, 2012, 37 TexReg 6938; amended to be effective January 1,\r\n2014, 38 TexReg 8887; amended to be effective September 11, 2014,\r\n39 TexReg 7138; amended to be effective October 1, 2015, 40 TexReg\r\n6131; amended to be effective January 4, 2018, 42 TexReg 7709; amended\r\nto be effective June 20, 2019, 44 TexReg 2956; amended to be effective\r\nOctober 1, 2019, 44 TexReg 4872; amended to be effective October 1,\r\n2021, 46 TexReg 5569; amended to be effective January 1, 2024, 48\r\nTexReg 7060; amended to be effective September 1, 2025, 50 TexReg\r\n5703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172730", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.6", "label": "Emergency Temporary Pharmacist License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "123597", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Emergency situation--an emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacist services.(2) State--One of the 50 United States of America, the District of Columbia, and Puerto Rico.(b) Emergency Temporary Pharmacist license. In an emergency situation, the board may grant a pharmacist who holds a license to practice pharmacy in another state an emergency temporary pharmacist license to practice in Texas. The following is applicable for the emergency temporary pharmacist license.(1) An applicant for an emergency temporary pharmacist license under this section must hold a current pharmacist license in another state and that license and other licenses held by the applicant in any other state may not be suspended, revoked, canceled, surrendered, or otherwise restricted for any reason.(2) To qualify for an emergency temporary pharmacist license, the applicant must submit an application including the following information:(A) name, address, and phone number of the applicant; and(B) any other information the required by the board.(3) An emergency temporary pharmacist license shall be valid for a period as determined by the board not to exceed six months. The executive director of the board, in his/her discretion, may renew the license for an additional six months, if the emergency situation still exists.(c) Exception. This section is not applicable to pharmacists enrolled in a volunteer health registry maintained by the Texas Department of State Health Services.", "sourceNote": "Source Note: The provisions of this §295.6 adopted to be effective March 6, 2006, 31 TexReg 1445; amended to be effective June 11, 2015, 40 TexReg 3666." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=123597&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "123597", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.7", "label": "Pharmacist License Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215700", "queryAsDate": "03/11/2026" }, "ruleBody": "For the purposes of the Act, Chapter 559, Subchapter A.(1) A license to practice pharmacy expires on the last day of the assigned expiration month.(2) Before the expiration date of the license means the receipt in the board's office of a completed application and renewal fee on or before the last day of the assigned expiration month.(3) As specified in §559.003, if the completed application and renewal fee is not received on or before the last day of the assigned expiration month, the person's license to practice pharmacy shall expire. A person shall not practice pharmacy with an expired license. An expired license may be renewed according to the following schedule.(A) If license has been expired for 90 days or less, the person may become licensed by making application and paying to the board a renewal fee that is equal to one and one-half times the renewal fee for the license as specified in §295.5 of this title (relating to Pharmacist License or Renewal Fees).(B) If license has been expired for more than 90 days but less than one year, the person may become licensed by making application and paying to the board a renewal fee that is equal to two times the renewal fee for the license as specified in §295.5 of this title.(C) If license has been expired for one year or more, the person shall apply for a new license as specified in §283.10 of this title (relating to Requirements for Application for a Pharmacist License Which Has Expired).", "sourceNote": "Source Note: The provisions of this §295.7 adopted to be effective May 28, 1982, 7 TexReg 1857; amended to be effective August 30 1984, 9 TexReg 4451; amended to be effective May 31, 1995, 20 TexReg 1888; amended to be effective January 3, 2000, 24 TexReg 12068; amended to be effective June 13, 2002, 27 TexReg 4947; amended to be effective March 6, 2006, 31 TexReg 1444." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215700", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.8", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215701", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority and purpose.(1) Authority. In accordance with §559.053 of the Texas Pharmacy Act, (Chapters 551 - 569, Occupations Code), all pharmacists must complete and report 30 contact hours (3.0 CEUs) of approved continuing education obtained during the previous license period in order to renew their license to practice pharmacy.(2) Purpose. The board recognizes that the fundamental purpose of continuing education is to maintain and enhance the professional competency of pharmacists licensed to practice in Texas, for the protection of the health and welfare of the citizens of Texas.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) ACPE--Accreditation Council for Pharmacy Education.(2) Act--The Texas Pharmacy Act, Chapters 551 - 569, Occupations Code.(3) Approved programs--Live programs, home study, and other mediated instruction delivered by an approved provider or a program specified by the board and listed as an approved program in subsection (e) of this section.(4) Approved provider--An individual, institution, organization, association, corporation, or agency that is approved by the board.(5) Board--The Texas State Board of Pharmacy.(6) Certificate of completion--A certificate or other official document presented to a participant upon the successful completion of an approved continuing education program.(7) Contact hour--A unit of measure of educational credit which is equivalent to approximately 60 minutes of participation in an organized learning experience.(8) Continuing education unit (CEU)--A unit of measure of education credit which is equivalent to 10 contact hours (i.e., one CEU = 10 contact hours).(9) CPE Monitor--A collaborative service from the National Association of Boards of Pharmacy and ACPE that provides an electronic system for pharmacists to track their completed CPE credits.(10) Credit hour--A unit of measurement for continuing education equal to 15 contact hours.(11) Enduring Materials (Home Study)--Activities that are printed, recorded, or computer assisted instructional materials that do not provide for direct interaction between faculty and participants.(12) Initial license period--The time period between the date of issuance of a pharmacist's license and the next expiration date following the initial 30 day expiration date. This time period ranges from eighteen to thirty months depending upon the birth month of the licensee.(13) License period--The time period between consecutive expiration dates of a license.(14) Live programs--Activities that provide for direct interaction between faculty and participants and may include lectures, symposia, live teleconferences, workshops, etc.(15) Standardized pharmacy examination--The North American Pharmacy Licensing Examination (NAPLEX).(c) Methods for obtaining continuing education. A pharmacist may satisfy the continuing education requirements by either:(1) successfully completing the number of continuing education hours necessary to renew a license as specified in subsection (a)(1) of this section;(2) successfully completing during the preceding license period, one credit hour for each year of their license period, which is a part of the professional degree program in a college of pharmacy the professional degree program of which has been accredited by ACPE; or(3) taking and passing the standardized pharmacy examination (NAPLEX) during the preceding license period as a Texas licensed pharmacist, which shall be equivalent to the number of continuing education hours necessary to renew a license as specified in subsection (a)(1) of this section.(d) Reporting Requirements.(1) Renewal of a pharmacist license. To renew a license to practice pharmacy, a pharmacist must report on the renewal application completion of at least thirty contact hours (3.0 CEUs) of continuing education. The following is applicable to the reporting of continuing education contact hours:(A) at least one contact hour (0.1 CEU) specified in paragraph (1) of this subsection shall be related to Texas pharmacy laws or rules;(B) not later than the first anniversary of becoming licensed to practice pharmacy, a pharmacist must have completed at least two contact hours (0.2 CEU) specified in paragraph (1) of this subsection related to approved procedures of prescribing and monitoring controlled substances as specified in §481.07635 of the Texas Health and Safety Code;(C) any continuing education requirements which are imposed upon a pharmacist as a part of a board order or agreed board order shall be in addition to the requirements of this section; and(D) a pharmacist must have completed the human trafficking prevention course required in §116.002 of the Texas Occupations Code.(2) Failure to report completion of required continuing education. The following is applicable if a pharmacist fails to report completion of the required continuing education:(A) the license of a pharmacist who fails to report completion of the required number of continuing education contact hours shall not be renewed and the pharmacist shall not be issued a renewal certificate for the license period until such time as the pharmacist successfully completes the required continuing education and reports the completion to the board; and(B) a pharmacist who practices pharmacy without a current renewal certificate is subject to all penalties of practicing pharmacy without a license, including the delinquent fees specified in the Act, §559.003.(3) Extension of time for reporting. A pharmacist who has had a physical disability, illness, or other extenuating circumstances which prohibits the pharmacist from obtaining continuing education credit during the preceding license period may be granted an extension of time to complete the continuing education requirement. The following is applicable for this extension:(A) the pharmacist shall submit a petition to the board with his/her license renewal application which contains:(i) the name, address, and license number of the pharmacist;(ii) a statement of the reason for the request for extension;(iii) if the reason for the request for extension is health related, a statement from the attending physician(s) treating the pharmacist which includes the nature of the physical disability or illness and the dates the pharmacist was incapacitated; and(iv) if the reason for the request for the extension is for other extenuating circumstances, a detailed explanation of the extenuating circumstances, and if because of military deployment, documentation of the dates of the deployment;(B) after review and approval of the petition, a pharmacist may be granted an extension of time to comply with the continuing education requirement which shall not exceed one license renewal period;(C) an extension of time to complete continuing education credit does not relieve a pharmacist from the continuing education requirement during the current license period; and(D) if a petition for extension to the reporting period for continuing education is denied, the pharmacist shall:(i) have 60 days to complete and report completion of the required continuing education requirements; and(ii) be subject to the requirements of paragraph (2) of this subsection relating to failure to report completion of the required continuing education if the required continuing education is not completed and reported within the required 60-day time period.(4) Exemptions from reporting requirements.(A) All pharmacists licensed in Texas shall be exempt from the continuing education requirements in paragraph (1) of this subsection during their initial license period, with the exception of the requirements in paragraph (1)(B), (C), and (F) of this subsection which must be completed during the time periods specified in the subparagraphs.(B) Pharmacists who are not actively practicing pharmacy shall be granted an exemption to the reporting requirements for continuing education, provided the pharmacists submit a completed renewal application for each license period which states that they are not practicing pharmacy. Upon submission of the completed renewal application, the pharmacist shall be issued a renewal certificate which states that pharmacist is inactive. Pharmacists who wish to return to the practice of pharmacy after being exempted from the continuing education requirements as specified in this subparagraph must:(i) notify the board of their intent to actively practice pharmacy;(ii) pay the fee as specified in §295.9 of this title (relating to Inactive License); and(iii) provide copies of completion certificates from approved continuing education programs as specified in subsection (e) of this section for 30 contact hours (3.0 CEUs). Approved continuing education earned within two years prior to the licensee applying for the return to active status may be applied toward the continuing education requirement for reactivation of the license but may not be counted toward subsequent renewal of the license.(e) Approved Programs.(1) Any program presented by an ACPE approved provider subject to the following conditions:(A) pharmacists may receive credit for the completion of the same ACPE course only once during a license period;(B) pharmacists who present approved ACPE continuing education programs may receive credit for the time expended during the actual presentation of the program. Pharmacists may receive credit for the same presentation only once during a license period; and(C) proof of completion of an ACPE course shall contain the following information:(i) name of the participant;(ii) title and completion date of the program;(iii) name of the approved provider sponsoring or cosponsoring the program;(iv) number of contact hours and/or CEUs awarded;(v) the assigned ACPE universal program number and a \"P\" designation indicating that the CE is targeted to pharmacists; and(vi) either:(I) a dated certifying signature of the approved provider and the official ACPE logo; or(II) the CPE Monitor logo.(2) Courses which are part of a professional degree program or an advanced pharmacy degree program offered by a college of pharmacy which has a professional degree program accredited by ACPE.(A) Pharmacists may receive credit for the completion of the same course only once during a license period. A course is equivalent to one credit hour for each year of the renewal period.(B) Pharmacists who teach these courses may receive credit towards their continuing education, but such credit may be received only once for teaching the same course during a license period.(3) Basic cardiopulmonary resuscitation (CPR) courses which lead to CPR certification by the American Red Cross or the American Heart Association or its equivalent shall be recognized as approved programs. Pharmacists may receive credit for one contact hour (0.1 CEU) towards their continuing education requirement for completion of a CPR course only once during a license period. Proof of completion of a CPR course shall be the certificate issued by the American Red Cross or the American Heart Association or its equivalent.(4) Advanced cardiovascular life support courses (ACLS) or pediatric advanced life support (PALS) courses which lead to initial ACLS or PALS certification by the American Heart Association or its equivalent shall be recognized as approved programs. Pharmacists may receive credit for twelve contact hours (1.2 CEUs) towards their continuing education requirement for completion of an ACLS or PALS course only once during a license period. Proof of completion of an ACLS or PALS course shall be the certificate issued by the American Heart Association or its equivalent.(5) Advanced cardiovascular life support courses (ACLS) or pediatric advanced life support (PALS) courses which lead to ACLS or PALS recertification by the American Heart Association or its equivalent shall be recognized as approved programs. Pharmacists may receive credit for four contact hours (0.4 CEUs) towards their continuing education requirement for completion of an ACLS or PALS recertification course only once during a license period. Proof of completion of an ACLS or PALS recertification course shall be the certificate issued by the American Heart Association or its equivalent.(6) Attendance at Texas State Board of Pharmacy Board Meetings shall be recognized for continuing education credit as follows:(A) pharmacists shall receive credit for three contact hours (0.3 CEUs) towards their continuing education requirement for attending a full, public board business meeting in its entirety;(B) a maximum of six contact hours (0.6 CEUs) are allowed for attendance at a board meeting during a license period; and(C) proof of attendance for a complete board meeting shall be a certificate issued by the Texas State Board of Pharmacy.(7) Participation in a Texas State Board of Pharmacy appointed Task Force shall be recognized for continuing education credit as follows:(A) pharmacists shall receive credit for three contact hours (0.3 CEUs) towards their continuing education requirement for participating in a Texas State Board of Pharmacy appointed Task Force; and(B) proof of participation for a Task Force shall be a certificate issued by the Texas State Board of Pharmacy.(8) Attendance at programs presented by the Texas State Board of Pharmacy or courses offered by the Texas State Board of Pharmacy as follows:(A) pharmacists shall receive credit for the number of hours for the program or course as stated by the Texas State Board of Pharmacy; and(B) proof of attendance at a program presented by the Texas State Board of Pharmacy or completion of a course offered by the Texas State Board of Pharmacy shall be a certificate issued by the Texas State Board of Pharmacy.(9) Pharmacists shall receive credit toward their continuing education requirements for programs or courses approved by other state boards of pharmacy as follows:(A) pharmacists shall receive credit for the number of hours for the program or course as specified by the other state board of pharmacy; and(B) proof of attendance at a program or course approved by another state board of pharmacy shall be a certificate or other documentation that indicates:(i) name of the participant;(ii) title and completion date of the program;(iii) name of the approved provider sponsoring or cosponsoring the program;(iv) number of contact hours and/or CEUs awarded;(v) a dated certifying signature of the provider; and(vi) documentation that the program is approved by the other state board of pharmacy.(10) Completion of an Institute for Safe Medication Practices' (ISMP) Medication Safety Self Assessment for hospital pharmacies or for community/ambulatory pharmacies shall be recognized for continuing education credit as follows:(A) pharmacists shall receive credit for three contact hours (0.3 CEUs) towards their continuing education requirement for completion of an ISMP Medication Safety Self Assessment; and(B) proof of completion of an ISMP Medication Safety Self Assessment shall be:(i) a continuing education certificate provided by an ACPE approved provider for completion of an assessment; or(ii) a document from ISMP showing completion of an assessment.(11) Pharmacists shall receive credit for three contact hours (0.3 CEUs) toward their continuing education requirements for taking and successfully passing an initial Board of Pharmaceutical Specialties certification examination administered by the Board of Pharmaceutical Specialties. Proof of successfully passing the examination shall be a certificate issued by the Board of Pharmaceutical Specialties.(12) Programs approved by the American Medical Association (AMA) as Category 1 Continuing Medical Education (CME) and accredited by the Accreditation Council for Continuing Medical Education subject to the following conditions:(A) pharmacists may receive credit for the completion of the same CME course only once during a license period;(B) pharmacists who present approved CME programs may receive credit for the time expended during the actual presentation of the program. Pharmacists may receive credit for the same presentation only once during a license period; and(C) proof of completion of a CME course shall contain the following information:(i) name of the participant;(ii) title and completion date of the program;(iii) name of the approved provider sponsoring or cosponsoring the program;(iv) number of contact hours and/or CEUs awarded; and(v) a dated certifying signature of the approved provider.(f) Retention of continuing education records and audit of records by the board.(1) Retention of records. Pharmacists are required to maintain certificates of completion of approved continuing education for three years from the date of reporting the contact hours on a license renewal application. Such records may be maintained in hard copy or electronic format.(2) Audit of records by the board. The board shall audit the records of pharmacists for verification of reported continuing education credit. The following is applicable for such audits:(A) upon written request, a pharmacist shall provide to the board documentation of proof for all continuing education contact hours reported during a specified license period(s). Failure to provide all requested records during the specified time period constitutes prima facie evidence of failure to keep and maintain records and shall subject the pharmacist to disciplinary action by the board;(B) credit for continuing education contact hours shall only be allowed for approved programs for which the pharmacist submits documentation of proof reflecting that the hours were completed during the specified license period(s). Any other reported hours shall be disallowed. A pharmacist who has received credit for continuing education contact hours disallowed during an audit shall be subject to disciplinary action; and(C) a pharmacist who submits false or fraudulent records to the board shall be subject to disciplinary action by the board.", "sourceNote": "Source Note: The provisions of this §295.8 adopted to be effective March 19, 1990, 15 TexReg 1234; amended to be effective March 29, 1995, 20 TexReg 1889; amended to be effective March 25, 1999, 24 TexReg 2023; amended to be effective January 3, 2000, 24 TexReg 12068; amended to be effective June 20, 2001, 26 TexReg 4513; amended to be effective December 19, 2001, 26 TexReg 10311; amended to be effective June 23, 2003, 28 TexReg 4639; amended to be effective March 10, 2005, 30 TexReg 1284; amended to be effective November 21, 2007, 32 TexReg 8310; amended to be effective December 14, 2008, 33 TexReg 10027; amended to be effective September 13, 2009, 34 TexReg 6113; amended to be effectiveMarch 10, 2011, 36 TexReg 1556; amended to be effective September 9, 2012, 37 TexReg 6938; amended to be effective March 17, 2013, 38 TexReg 1682; amended to be effective March 7, 2018, 43 TexReg 1279; amended to be effective September 10, 2019, 44 TexReg 4873; amended to be effective December 9, 2019, 44 TexReg 7546; amended to be effective June 18, 2020, 45 TexReg 4035; amended to be effective December 6, 2022, 47 TexReg 8042; amended to be effective May 24, 2023, 48 TexReg 2577; amended to be effective December 4, 2023, 48 TexReg 7061." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215701", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.9", "label": "Inactive License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192143", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Placing a license on inactive status. A person who is licensed by the board to practice pharmacy but who is not eligible to renew the license for failure to comply with the continuing education requirements of the Act, Chapter 559, Subchapter A, and who is not engaged in the practice of pharmacy in this state, may place the license on inactive status at the time of license renewal or during a license period as follows:(1) To place a license on inactive status at the time of renewal, the licensee shall:(A) complete and submit before the expiration date a pharmacist license renewal application provided by the board;(B) state on the renewal application that the license is to be placed on inactive status and that the licensee shall not practice pharmacy in Texas while the license is inactive; and(C) pay the fee for renewal of the license as specified in §295.5 of this title (relating to Pharmacist License or Renewal Fees).(2) To place a license on inactive status at a time other than the time of license renewal, the licensee shall:(A) return the current renewal certificate to the board;(B) submit a signed statement stating that the licensee shall not practice pharmacy in Texas while the license is inactive, and the date the license is to be placed on inactive status; and(C) pay the fee for issuance of an amended license as specified in §295.5(e) of this title (relating to Pharmacist License or Renewal Fees).(b) Prohibition against practicing pharmacy in Texas with an inactive license. A holder of a license that is on inactive status shall not practice pharmacy in this state. The practice of pharmacy by a holder of a license that is on inactive status constitutes the practice of pharmacy without a license.(c) Reactivation of an inactive license.(1) A holder of a license that is on inactive status may return the license to active status by:(A) applying for active status on a form prescribed by the board;(B) providing copies of completion certificates from approved continuing education programs as specified in §295.8(e) of this title (relating to Continuing Education Requirements) for 30 hours including at least one contact hour (0.1 CEU) related to Texas pharmacy laws or rules. Approved continuing education earned within two years prior to the licensee applying for the return to active status may be applied toward the continuing education requirement for reactivation of the license but may not be counted toward subsequent renewal of the license; and(C) paying the fee specified in paragraph (2) of this subsection.(2) If the application for reactivation of the license is made at the time of license renewal, the applicant shall pay the license renewal fee specified in §295.5 of this title (relating to Pharmacist License or Renewal Fees). If the application for reactivation of the license is made at a time other than the time of license renewal, the applicant shall pay the fee for issuance of an amended license to practice pharmacy as specified in §295.5(e) of this title (relating to Pharmacist License or Renewal Fees).(3) In an emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacist services, the executive director of the board, in his/her discretion, may allow a pharmacist whose license has been inactive for no more than two years to reactivate their license prior to obtaining the required continuing education specified in paragraph (1)(B) of this subsection, provided the pharmacist completes the continuing education requirement within six months of reactivation of the license. If the required continuing education is not provided within six months, the license shall return to an inactive status.", "sourceNote": "Source Note: The provisions of this §295.9 adopted to be effective May 6, 1993, 18 TexReg 2625; amended to be effective January 3, 2000, 24 TexReg 12068; amended to be effective June 13, 2002, 27 TexReg 4947; amended to be effective March 6, 2006, 31 TexReg 1445; amended to be effective September 18, 2007, 32 TexReg 6375; amended to be effective June 11, 2015, 40 TexReg 3666; amended to be effective September 16, 2018, 43 TexReg 5804; amended to be effective March 5, 2020, 45 TexReg 1434; amended to be effective December 4, 2023, 48 TexReg 7061." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192143", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.11", "label": "Notification to Consumers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "164825", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pharmacist. Every pharmacist who practices pharmacy other than in a licensed pharmacy shall provide notification to consumers of the name, mailing address, internet site address and telephone number of the board for the purpose of directing complaints concerning the practice of pharmacy to the board. Such notification shall be provided as follows.(1) If the pharmacist maintains an office and provides pharmacy services to patients who come to the office, the pharmacist shall either:(A) post in a prominent place that is in clear public view where pharmacy services are provided:(i) a sign which notifies the consumer that complaints concerning the practice of pharmacy may be filed with the board and list the board's mailing address, internet site address, telephone number, and a toll-free telephone number for filing complaints; or(ii) an electronic messaging system in a type size no smaller than ten-point Times Roman which notifies the consumer that complaints concerning the practice of pharmacy may be filed with the board and list the board's name, mailing address, internet site address, and a toll-free number for filing complaints; or(B) provide to the patient each time pharmacy services are provided a written notification in type size no smaller than ten-point Times Roman which states the following: \"Complaints concerning the practice of pharmacy may be filed with the Texas State Board of Pharmacy at: (list the mailing address, internet site address, telephone number of the board, and a toll-free telephone number for filing complaints).\"(2) If the pharmacist provides pharmacy services to patients not at the pharmacist's office, the pharmacist shall provide to the patient each time pharmacy services are provided, a written notification in type size no smaller than ten-point Times Roman which states the following: \"Complaints concerning the practice of pharmacy may be filed with the Texas State Board of Pharmacy at: (list the mailing address, telephone number of the board, internet site address, and a toll-free telephone number for filing complaints).\" Such notification shall be included:(A) in each written contract for pharmacist services; or(B) on each bill for service provided by the pharmacist.(3) The provisions of this section do not apply to prescriptions for patients in facilities where drugs are administered to patients by a person required to do so by the laws of the state (i.e., nursing homes).(b) Texas State Board of Pharmacy. On or before January 1, 2005, the board shall establish a pharmacist profile system as specified in §2054.2606, Government Code.(1) The board shall make the pharmacist profiles available to the public on the agency's internet site.(2) A pharmacist profile shall contain at least the following information:(A) pharmacist's name;(B) pharmacist's license number, licensure status, and expiration date of the license;(C) name, address, telephone number, and license number of all Texas pharmacies where the pharmacist works;(D) the number of years the person has practiced in Texas;(E) professional pharmacy degree held by the licensee, the year it was received, and the name of the institution that awarded the degree;(F) whether the pharmacist is preceptor;(G) any speciality certification held by the pharmacist; and(H) whether the pharmacist has had prior disciplinary action by the board.(3) The board shall gather this information on initial licensing and update the information in conjunction with the license renewal for the pharmacist.", "sourceNote": "Source Note: The provisions of this §295.11 adopted to be effective April 1, 1994, 19 TexReg 1829; amended to be effective December 19, 2001, 26 TexReg 10312; amended to be effective September 16, 2018, 43 TexReg 5805." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=164825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "164825", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.12", "label": "Pharmacist Certification Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204178", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide standards for the recognition and approval of pharmacist certification programs as authorized by §554.0021, Occupations Code.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) ACPE--The Accreditation Council for Pharmacy Education.(2) Approved Provider of Pharmacist Certificate Programs--An individual, institution, organization, association, corporation, or agency that is approved by the board and recognized by ACPE in accordance with its policy and procedures, as having:(A) met criteria indicative of the ability to provide quality continuing education programs; and(B) met the procedures outlines in the ACPE \"Guidance Document for Practice Based Activities.\"(3) Board--The Texas State Board of Pharmacy.(c) Recognized Certification Programs.(1) The board shall recognize as certified, any pharmacist that successfully completes:(A) any program offered by an approved provider of pharmacist certificate programs;(B) any program that meets the requirements of §295.15 of this title (relating to Administration of Immunizations or Vaccinations by a Pharmacist under Written Protocol of a Physician);(C) any certification offered by the:(i) Board of Pharmaceutical Specialties;(ii) American Society of Consultant Pharmacists;(iii) American Board of Clinical Pharmacology;(iv) American Board of Applied Toxicology; and(v) American Academy of Pain Management; or(D) any additional certifications as published on the board's website.(2) Texas pharmacists may not identify themselves as certified unless they have completed one of the programs specified in paragraph (1) of this subsection.", "sourceNote": "Source Note: The provisions of this §295.12 adopted to be effective December 19, 2001, 26 TexReg 10312; amended to be effective December 10, 2013, 38 TexReg 8888." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204178", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.13", "label": "Drug Therapy Management by a Pharmacist under Written Protocol of a Physician" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181553", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide standards for the maintenance of records of a pharmacist engaged in the provision of drug therapy management as authorized in Chapter 157 of the Medical Practice Act and §554.005 of the Act.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Pharmacy Act, Chapter 551 - 566 and 568 - 569, Occupations Code, as amended.(2) Board--The Texas State Board of Pharmacy.(3) Confidential record--Any health-related record maintained by a pharmacy or pharmacist, such as a patient medication record, prescription drug order, or medication order.(4) Drug therapy management--The performance of specific acts by pharmacists as authorized by a physician through written protocol. Drug therapy management does not include the selection of drug products not prescribed by the physician, unless the drug product is named in the physician initiated protocol or the physician initiated record of deviation from a standing protocol. Drug therapy management may include the following:(A) collecting and reviewing patient drug use histories;(B) ordering or performing routine drug therapy related patient assessment procedures including temperature, pulse, and respiration;(C) ordering drug therapy related laboratory tests;(D) implementing or modifying drug therapy following diagnosis, initial patient assessment, and ordering of drug therapy by a physician as detailed in the protocol; or(E) any other drug therapy related act delegated by a physician.(5) Medical Practice Act--The Texas Medical Practice Act, Subtitle B, Occupations Code, as amended.(6) Written protocol--A physician's order, standing medical order, standing delegation order, or other order or protocol as defined by rule of the Texas Medical Board under the Medical Practice Act.(A) A written protocol must contain at a minimum the following:(i) a statement identifying the individual physician authorized to prescribe drugs and responsible for the delegation of drug therapy management;(ii) a statement identifying the individual pharmacist authorized to dispense drugs and to engage in drug therapy management as delegated by the physician;(iii) a statement identifying the types of drug therapy management decisions that the pharmacist is authorized to make which shall include:(I) a statement of the ailments or diseases involved, drugs, and types of drug therapy management authorized; and(II) a specific statement of the procedures, decision criteria, or plan the pharmacist shall follow when exercising drug therapy management authority;(iv) a statement of the activities the pharmacist shall follow in the course of exercising drug therapy management authority, including the method for documenting decisions made and a plan for communication or feedback to the authorizing physician concerning specific decisions made. Documentation shall be recorded within a reasonable time of each intervention and may be performed on the patient medication record, patient medical chart, or in a separate log book; and(v) a statement that describes appropriate mechanisms and time schedule for the pharmacist to report to the physician monitoring the pharmacist's exercise of delegated drug therapy management and the results of the drug therapy management.(B) A standard protocol may be used or the attending physician may develop a drug therapy management protocol for the individual patient. If a standard protocol is used, the physician shall record what deviations, if any, from the standard protocol are ordered for that patient.(c) Physician delegation to a pharmacist.(1) As specified in Chapter 157 of the Texas Medical Practices Act, a physician may delegate to a properly qualified and trained pharmacist acting under adequate physician supervision the performance of specific acts of drug therapy management authorized by the physician through the physician's order, standing medical order, standing delegation order, or other order or protocol.(2) A delegation under paragraph (1) of this subsection may include:(A) the implementation or modification of a patient's drug therapy under a protocol, if:(i) the delegation follows a diagnosis, initial patient assessment, and drug therapy order by the physician; and(ii) the pharmacist maintains a copy of the protocol for inspection until at least the seventh anniversary of the expiration date of the protocol; or(B) the authority to sign a prescription drug order for dangerous drugs, if:(i) the delegation follows a diagnosis, initial patient assessment, and drug therapy order by the physician;(ii) the pharmacist practices in a federally qualified health center, hospital, hospital-based clinic, or an academic health care institution; and(iii) the federally qualified health center, hospital, hospital-based clinic, or academic health care institution in which the pharmacist practices has bylaws and a medical staff policy that permit a physician to delegate to a pharmacist the management of a patient's drug therapy.(3) A pharmacist who signs a prescription for a dangerous drug under authority granted under paragraph (2) of this subsection shall:(A) notify the board that a physician has delegated the authority to sign a prescription for dangerous drugs on an application provided by the board and prior to signing any prescription for a dangerous drug;(B) submit a copy of the written protocol to the board at the time of initial notification;(C) submit an updated copy of the written protocol to the board if the protocol has changed within 10 days of the change; and(D) include the pharmacist's name, address, and telephone number as well as the name, address, and telephone number of the delegating physician on each prescription for a dangerous drug signed by the pharmacist.(4) The board shall post the following information on its website:(A) the name and license number of each pharmacist who has notified the board that a physician has delegated authority to sign a prescription for a dangerous drug; and(B) the name and address of the physician who delegated the authority to the pharmacist.(d) Pharmacist Training Requirements.(1) Initial requirements. A pharmacist shall maintain and provide to the Board within 24 hours of request a statement attesting to the fact that the pharmacist has within the last year:(A) completed at least six hours of continuing education related to drug therapy offered by a provider approved by the Accreditation Council for Pharmacy Education (ACPE); or(B) engaged in drug therapy management as allowed under previous laws or rules. A statement from the physician supervising the acts shall be sufficient documentation.(2) Continuing requirements. A pharmacist engaged in drug therapy management shall annually complete six hours of continuing education related to drug therapy offered by a provider approved by the Accreditation Council for Pharmacy Education (ACPE). (These hours may be applied towards the hours required for renewal of a license to practice pharmacy.)(e) Supervision. Physician supervision shall be as specified in the Medical Practice Act, Chapter 157 and shall be considered adequate if the delegating physician:(1) is responsible for the formulation or approval of the written protocol and any patient-specific deviations from the protocol and review of the written protocol and any patient-specific deviations from the protocol at least annually and the services provided to a patient under the protocol on a schedule defined in the written protocol;(2) has established and maintains a physician-patient relationship with each patient provided drug therapy management by a delegated pharmacist and informs the patient that drug therapy will be managed by a pharmacist under written protocol;(3) is geographically located so as to be able to be physically present daily to provide medical care and supervision;(4) receives, on a schedule defined in the written protocol, a periodic status report on the patient, including any problem or complication encountered;(5) is available through direct telecommunication for consultation, assistance, and direction; and(6) determines that the pharmacist to whom the physician is delegating drug therapy management establishes and maintains a pharmacist-patient relationship with the patient.(f) Records.(1) Maintenance of records.(A) Every record required to be kept under this section shall be kept by the pharmacist and be available, for at least two years from the date of such record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement or regulatory agencies.(B) Records may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:(i) the records maintained in the alternative system contain all of the information required on the manual record; and(ii) the data processing system is capable of producing a hard copy of the record upon the request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(2) Written protocol.(A) A copy of the written protocol and any patient-specific deviations from the protocol shall be maintained by the pharmacist.(B) A pharmacist shall document all interventions undertaken under the written protocol within a reasonable time of each intervention. Documentation may be maintained in the patient medication record, patient medical chart, or in a separate log.(C) A standard protocol may be used or the attending physician may develop a drug therapy management protocol for the individual patient. If a standard protocol is used, the physician shall record what deviations, if any, from the standard protocol are ordered for that patient. A pharmacist shall maintain a copy of any deviations from the standard protocol ordered by the physician.(D) Written protocols, including standard protocols, any patient-specific deviations from a standard protocol, and any individual patient protocol, shall be reviewed by the physician and pharmacist at least annually and revised if necessary. Such review shall be documented in the pharmacist's records. Documentation of all services provided to the patient by the pharmacist shall be reviewed by the physician on the schedule established in the protocol.(g) Confidentiality.(1) In addition to the confidentiality requirements specified in §291.27 of this title (relating to Confidentiality) a pharmacist shall comply with:(A) the privacy provisions of the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and any rules adopted pursuant to this act;(B) the requirements of Medical Records Privacy contained in Chapter 181, Health and Safety Code;(C) the Privacy of Health Information requirements contained in Chapter 28B of the Insurance Code; and(D) any other confidentiality provisions of federal or state laws.(2) This section shall not affect or alter the provisions relating to the confidentiality of the physician-patient communication as specified in the Medical Practice Act, Chapter 159.(h) Construction and Interpretation.(1) As specified in the Medical Practice Act, Chapter 157, this section does not restrict the use of a pre-established health care program or restrict a physician from authorizing the provision of patient care by use of a pre-established health care program if the patient is institutionalized and the care is to be delivered in a licensed hospital with an organized medical staff that has authorized standing delegation orders, standing medical orders, or protocols.(2) As specified in the Medical Practice Act, Chapter 157, this section may not be construed to limit, expand, or change any provision of law concerning or relating to therapeutic drug substitution or administration of medication, including the Act, §554.004.", "sourceNote": "Source Note: The provisions of this §295.13 adopted to be effective April 7, 1997, 22 TexReg 3112; amended to be effective December 19, 2001, 26 TexReg 10313; amended to be effective June 12, 2005, 30 TexReg 3209; amended to be effective December 6, 2009, 34 TexReg 8721; amended to be effective December 9, 2019, 44 TexReg 7546; amended to be effective March 5, 2020, 45 TexReg 1434; amended to be effective March 14, 2021, 46 TexReg 1641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181553", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.14", "label": "Dispensing of Opioid Antagonist by Pharmacist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175031", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide standards for pharmacists engaged in the dispensing of opioid antagonists as authorized in Chapter 483 of the Health and Safety Code.(b) Definitions.(1) Opioid antagonist--Any drug that binds to opioid receptors and blocks or otherwise inhibits the effects of opioids acting on those receptors.(2) Opioid-related drug overdose--A condition, evidenced by symptoms such as extreme physical illness, decreased level of consciousness, constriction of the pupils, respiratory depression, or coma, that a layperson would reasonably believe to be the result of the consumption or use of an opioid.(3) Prescriber--A person authorized by law to prescribe an opioid antagonist.(c) Dispensing.(1) A pharmacist may dispense an opioid antagonist under a valid prescription, including a prescription issued by a standing order, to:(A) a person at risk of experiencing an opioid-related drug overdose; or(B) a family member, friend, or other person in a position to assist a person described by subparagraph (A) of this paragraph.(2) A prescription dispensed under this section is considered as dispensed for a legitimate medical purpose in the usual course of professional practice.(3) A pharmacist who, acting in good faith and with reasonable care, dispenses or does not dispense an opioid antagonist under a valid prescription is not subject to any criminal or civil liability or any professional disciplinary action for:(A) dispensing or failing to dispense the opioid antagonist; or(B) if the pharmacist chooses to dispense an opioid antagonist, any outcome resulting from the eventual administration of the opioid antagonist.", "sourceNote": "Source Note: The provisions of this §295.14 adopted to be effective December 19, 2016, 41 TexReg 9935." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175031", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.15", "label": "Administration of Immunizations or Vaccinations by a Pharmacist under Written Protocol of Physician" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181554", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to provide standards for pharmacists engaged in the administration of immunizations or vaccinations as authorized in Chapter 554 of the Act.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) ACPE--The Accreditation Council for Pharmacy Education.(2) Act--The Texas Pharmacy Act, Chapter 551 - 566 and 568 - 569, Occupations Code, as amended.(3) Administer--The direct application of a prescription drug by injection, inhalation, ingestion, or any other means to the body of a patient by:(A) a practitioner, an authorized agent under his supervision, or other person authorized by law; or(B) the patient at the direction of a practitioner.(4) Antibody--A protein in the blood that is produced in response to stimulation by a specific antigen. Antibodies help destroy the antigen that produced them. Antibodies against an antigen usually equate to immunity to that antigen.(5) Antigen--A substance \"recognized\" by the body as being foreign; it results in the production of specific antibodies directed against it.(6) Board--The Texas State Board of Pharmacy.(7) Confidential record--Any health-related record that contains information that identifies an individual and that is maintained by a pharmacy or pharmacist such as a patient medication record, prescription drug order, or medication order.(8) Data communication device--An electronic device that receives electronic information from one source and transmits or routes it to another (e.g., bridge, router, switch, or gateway).(9) Immunization--The act of inducing antibody formation, thus leading to immunity.(10) Medical Practice Act--The Texas Medical Practice Act, Subtitle B, Occupations Code, as amended.(11) Vaccination--Administration of any antigen in order to induce immunity; is not synonymous with immunization since vaccination does not imply success.(12) Vaccine--A specially prepared antigen, which upon administration to a person will result in immunity.(13) Written Protocol--A physician's order, standing medical order, standing delegation order, or other order or protocol as defined by rule of the Texas Medical Board under the Medical Practice Act.(A) A written protocol must contain, at a minimum, the following:(i) a statement identifying the individual physician authorized to prescribe drugs and responsible for the delegation of administration of immunizations or vaccinations;(ii) a statement identifying the individual pharmacist authorized to administer immunizations or vaccinations as delegated by the physician;(iii) a statement identifying the location(s) (i.e., address) at which the pharmacist may administer immunizations or vaccinations;(iv) a statement identifying the immunizations or vaccinations that may be administered by the pharmacist;(v) a statement identifying the activities the pharmacist shall follow in the course of administering immunizations or vaccinations, including procedures to follow in the case of reactions following administration; and(vi) a statement that describes the content of, and the appropriate mechanisms for the pharmacist to report the administration of immunizations or vaccinations to the physician issuing the written protocol within the time frames specified in this section.(B) A standard protocol may be used or the physician may develop an immunization or vaccination protocol for the individual patient. If a standard protocol is used, the physician shall record what deviations, if any, from the standard protocol are ordered for the patient.(c) Pharmacist certification requirements. Pharmacist who enter into a written protocol with a physician to administer immunizations or vaccinations shall:(1) complete a course provided by an ACPE approved provider which:(A) requires documentation by the pharmacist of current certification in the American Heart Association's Basic Cardiac Life Support for Health-Care Providers or its equivalent;(B) is an evidence-based course which:(i) includes study material;(ii) includes hands-on training in techniques for administering immunizations or vaccines; and(iii) requires testing with a passing score; and(C) meets current Center for Disease Control training guidelines and provides a minimum of 20 hours of instruction and experiential training in the following content areas:(i) standards for pediatric, adolescent, and adult immunization practices;(ii) basic immunology and vaccine protection;(iii) vaccine-preventable diseases;(iv) recommended immunization schedules (pediatric/adolescent/adult);(v) vaccine storage and management;(vi) informed consent;(vii) physiology and techniques for vaccine administration;(viii) pre and post-vaccine assessment and counseling;(ix) immunization record management; and(x) adverse events:(I) identification and appropriate response; and(II) documentation and reporting; and(2) maintain documentation of:(A) completion of the initial course specified in paragraph (1) of this subsection;(B) 3 hours of continuing education every 2 years which are designed to maintain competency in the disease states, drugs, and administration of immunizations or vaccinations; and(C) current certification in the American Heart Association's Basic Cardiac Life Support for Health-Care Providers or its equivalent.(d) Supervision. Pharmacists involved in the administration of immunizations or vaccinations shall be under the supervision of a physician. Physician supervision shall be considered adequate if the delegating physician:(1) is responsible for the formulation or approval of the physician's order, standing medical order, standing delegation order, or other order or protocol and periodically reviews the order or protocol and the services provided to a patient under the order or protocol;(2) has established a physician-patient relationship with each patient under 14 years of age and referred the patient to the pharmacist; except a pharmacist may administer an influenza vaccination to a patient over seven years of age without an established physician-patient relationship;(3) is geographically located so as to be easily accessible to the pharmacist administering the immunization or vaccination;(4) receives, as appropriate, a periodic status report on the patient, including any problem or complication encountered; and(5) is available through direct telecommunication for consultation, assistance, and direction.(e) Special Provisions. Pharmacists involved in the administration of immunizations or vaccinations under their license to practice pharmacy shall meet the following restrictions and requirements.(1) Pharmacists may only administer immunizations or vaccinations pursuant to a written protocol from a physician authorizing the administration.(2) Pharmacists may administer immunizations or vaccinations to a patient under 14 years of age only upon a referral from a physician who has an established physician-patient relationship with each patient. However, a pharmacist may administer an influenza vaccination to a patient over seven years of age without an established physician-patient relationship.(3) Pharmacists may administer immunizations or vaccinations under written protocol of a physician within a pharmacy or at any other location specifically identified in the written protocol. Such other location may not include where the patient resides, except for a licensed nursing home or hospital.(4) The authority of a pharmacist to administer immunizations or vaccinations may not be delegated.(5) Pharmacists may administer immunizations and vaccinations only when a licensed health-care provider authorized to administer the medication is not reasonably available to administer the medication. For the purpose of this section, \"reasonably available\" means those times when the licensed health-care provider is immediately available to administer the immunization or vaccine and is specifically tasked to do so.(6) Under the provisions of the National Vaccine Injury Compensation Program (NVICP), the health-care provider under whose authority a covered vaccine is administered (i.e., the physician issuing the written protocol) must maintain certain information in the patient's permanent record. In order for the physician to comply with the provisions of the NVICP, the pharmacist shall provide the physician with the information specified in subsection (g) of this section.(7) Before preparing an immunization or vaccine and between each patient contact, the pharmacist shall cleanse his or her hands with an alcohol-based waterless antiseptic hand rub or shall wash his or her hands with soap and water. If gloves are worn, the pharmacist shall change gloves between patients.(8) The pharmacist shall comply with all other state and federal requirements regarding immunizations or vaccinations.(f) Drugs.(1) Drugs administered by a pharmacist under the provisions of this section shall be in the legal possession of:(A) a pharmacy, which shall be the pharmacy responsible for drug accountability, including the maintenance of records of administration of the immunization or vaccination; or(B) a physician who shall be responsible for drug accountability, including the maintenance of records of administration of the immunization or vaccination.(2) Drugs shall be transported and stored at the proper temperatures indicated for each drug.(3) Pharmacists while actively engaged in the administration of immunizations or vaccinations under written protocol, may have in their custody and control the drugs for immunization or vaccination that are identified in the written protocol and any other dangerous drugs listed in the written protocol to treat adverse reactions.(4) After administering immunizations or vaccinations at a location other than a pharmacy, the pharmacist shall return all unused prescription medications to the pharmacy or physician responsible for the drugs.(g) Notifications.(1) A pharmacist engaged in the administration of immunizations or vaccinations shall provide notification of the administration to:(A) the physician who issued the written protocol within 24 hours of administering the immunization or vaccination; and(B) the primary care physician of the patient, as provided by the patient or patient's agent, within 14 days of administering the immunization or vaccination.(2) The notifications required in paragraph (1) of this subsection shall include the:(A) name and address of the patient;(B) age of the patient if under 14 years of age;(C) name of the patient's primary care physician as provided by the patient or patient's agent;(D) name, manufacturer, and lot number of the vaccine administered;(E) amount administered;(F) date the vaccine was administered;(G) site of the immunization or vaccination (e.g., right arm, left leg, right upper arm);(H) route of administration of the immunization or vaccination (e.g., intramuscular, subcutaneous, by mouth); and(I) name, address, and title of the person administering the immunization or vaccination.(h) Records.(1) Maintenance of records.(A) Every record, including notifications, required to be made under this section shall be kept by the pharmacist administering the immunization or vaccination and by the pharmacy when in legal possession of the drugs administered. Such records shall be available for at least two years from the date of such record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement or regulatory agencies.(B) Records, including notifications, may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:(i) the records maintained in the alternative system contain all of the information required on the manual record; and(ii) the data processing system is capable of producing a hard copy of the record upon request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.(2) Records of administration under written protocol.(A) Records of administration shall be maintained by the pharmacist administering immunizations or vaccinations. Such records shall include:(i) all of the administration record requirements of subparagraph (B) of this paragraph; and(ii) include the name and address of the pharmacy or physician in legal possession of the immunization or vaccination administered.(B) A pharmacy, when responsible for drug accountability, shall maintain a record of administration of immunizations or vaccinations by a pharmacist. The records shall be kept and maintained by patient name. This record shall include:(i) a copy of the written protocol under which the immunization or vaccination was administered and any patient-specific deviations from the protocol;(ii) name and address of the patient;(iii) age of the patient if under 14 years of age;(iv) name of the patient's primary care physician as provided by the patient or patient's agent;(v) name, manufacturer, and lot number of the vaccine administered;(vi) amount administered;(vii) date the vaccine was administered;(viii) site of the immunization or vaccination (e.g., right arm, left leg, right upper arm);(ix) route of administration of the immunization or vaccination (e.g., intramuscular, subcutaneous, by mouth); and(x) name, address, and title of the person administering the immunization or vaccination.(3) Written protocol.(A) A copy of the written protocol and any patient-specific deviations from the protocol shall be maintained in accordance with paragraph (2) of this subsection.(B) A standard protocol may be used or the attending physician may develop an immunization/vaccination protocol for the individual patient. If a standard protocol is used, the physician shall record what deviations, if any, from the standard protocol are ordered for the patient. The pharmacy that is in possession of the vaccines administered shall maintain a copy of any deviations from the standard protocol ordered by the physician.(C) Written protocols, including standard protocols, any patient-specific deviations from a standard protocol, and any individual patient protocol, shall be reviewed by the physician and pharmacist at least annually and revised if necessary. Such review shall be documented in the records of the pharmacy that is in possession of the vaccines administered.(i) Confidentiality.(1) In addition to the confidentiality requirements specified in §291.27 of this title (relating to Confidentiality) a pharmacist shall comply with:(A) the privacy provisions of the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and any rules adopted pursuant to this act;(B) the requirements of Medical Records Privacy contained in Chapter 181, Health and Safety Code;(C) the Privacy of Health Information requirements contained in Chapter 28B of the Insurance Code; and(D) any other confidentiality provisions of federal or state laws.(2) This section shall not affect or alter the provisions relating to the confidentiality of the physician-patient communication as specified in the Medical Practice Act, Chapter 159.", "sourceNote": "Source Note: The provisions of this §295.15 adopted to be effective October 4, 1998, 23 TexReg 9745; amended to be effective December 19, 2001, 26 TexReg 10313; amended to be effective December 6, 2009, 34 TexReg 8721; amended to be effective January 1, 2016, 40 TexReg 8788." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181554", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "295", "label": "PHARMACISTS" }, "rule": { "number": "§295.16", "label": "Administration of Epinephrine by a Pharmacist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "124925", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to allow pharmacists to administer epinephrine through an auto-injector device to a patient in an emergency situation as authorized in Chapter 562 of the Act.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Pharmacy Act, Chapter 551 - 569, Occupations Code, as amended.(2) Administer--The direct application of a prescription drug to the body of an individual by any means, including injection, by a pharmacist.(3) Anaphylaxis--A sudden, severe, and potentially life-threatening allergic reaction that occurs when a person is exposed to an allergen. Symptoms may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. Causes may include, but are not limited to, an insect sting, food allergy, drug reaction, and exercise.(4) Epinephrine auto-injector--A disposable drug delivery system that contains a premeasured single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.(c) Administration requirements.(1) Pharmacists may administer epinephrine through an auto-injector to a patient in an emergency situation.(2) The authority of a pharmacist to administer epinephrine through an auto-injector may not be delegated.(3) Epinephrine administered by a pharmacist under the provisions of this section shall be in the legal possession of a pharmacist or the legal possession of a pharmacy which shall be the pharmacy responsible for drug accountability, including the maintenance of records of administration of the epinephrine.(d) Limitation on liability.(1) A pharmacist who in good faith administers epinephrine through an auto-injector in accordance with this section and Chapter 562 of the Act is not liable for civil damages for an act performed in the administration unless the act is willfully or wantonly negligent.(2) A pharmacist may not receive remuneration for the administration of epinephrine through an auto-injector but may seek reimbursement for the cost of the epinephrine auto-injector.(3) The administration of epinephrine through an auto-injector to a patient in accordance with the requirements of this section and Chapter 562 of the Act does not constitute the unlawful practice of any health care profession.(e) Notifications.(1) A pharmacist who administers epinephrine through an auto-injector to a patient shall report the use to the patient's primary care physician, as identified by the patient, as soon as practical, but in no event more than 72 hours from the time of administering the epinephrine.(2) Immediately, after administering the epinephrine auto-injector, the pharmacist shall ensure that 911 is called and the patient is evaluated by emergency personnel for possible transfer to the nearest emergency department for additional evaluation, monitoring, and treatment.(3) The notifications required in paragraph (1) of this subsection shall include the:(A) name of the patient;(B) age of the patient if under 8 years of age;(C) name and manufacturer of the epinephrine auto-injector;(D) date the epinephrine was administered;(E) name and title of the person administering the epinephrine; and(F) name, address, and telephone number of the pharmacy.(f) Records.(1) The notification required to be made under this section shall be kept by the pharmacy and such records shall be available for at least two years from the date of such record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement or regulatory agencies.(2) The notification may be maintained in an alternative data retention system, such as a data processing system or direct imaging system provided:(A) the records maintained in the alternative system contain all of the information required on the manual record; and(B) the data processing system is capable of producing a hard copy of the record upon request of the board, its representative, or other authorized local, state, or federal law enforcement or regulatory agencies.", "sourceNote": "Source Note: The provisions of this §295.16 adopted to be effective January 1, 2016, 40 TexReg 8788; amended to be effective December 19, 2016, 41 TexReg 9935." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "124925", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226926", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this chapter is to provide a comprehensive, coherent regulatory scheme for the registration and training of pharmacy technicians and pharmacy technician trainees in this state. The provisions of this chapter, in conjunction with the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations Code, as amended), govern the method for the issuance of a registration to a pharmacy technician and a pharmacy technician trainee in Texas.", "sourceNote": "Source Note: The provisions of this §297.1 adopted to be effective December 23, 2003, 28 TexReg 11264; amended to be effective June 11, 2006, 31 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226926&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226926", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187996", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Pharmacy Act, Chapters 551 - 566 and 568 - 569, Texas Occupations Code, as amended.(2) Board--The Texas State Board of Pharmacy.(3) Common ownership--Two or more pharmacies with an identical owner of record with the board or that have owners of record with the board that are a parent, subsidiary, or affiliate of one another under §1.002, Business Organizations Code.(4) Owner of record--The direct owner of the pharmacy provided on the pharmacy's application for a pharmacy license or most recent approved change of ownership form.(5) Pharmacy technician--An individual who is registered with the Board as a pharmacy technician and whose responsibility in a pharmacy is to provide technical services that do not require professional judgment regarding preparing and distributing drugs and who works under the direct supervision of and is responsible to a pharmacist.(6) Pharmacy technician trainee--An individual who is registered with the board as a pharmacy technician trainee and is authorized to participate in a pharmacy's technician training program.", "sourceNote": "Source Note: The provisions of this §297.2 adopted\r\nto be effective December 23, 2003, 28 TexReg 11264; amended to be\r\neffective December 5, 2004, 29 TexReg 11031; amended to be effective\r\nJune 11, 2006, 31 TexReg 4640; amended to be effective November 30,\r\n2025, 50 TexReg 7727." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187996", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.3", "label": "Registration Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225955", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General.(1) Individuals who are not registered with the Board may not be employed as or perform the duties of a pharmacy technician or pharmacy technician trainee.(2) Individuals who have previously applied and registered as a pharmacy technician, regardless of the pharmacy technician's current registration status, may not register as a pharmacy technician trainee.(3) Individuals who apply and are qualified for both a pharmacy technician trainee registration and a pharmacy technician registration concurrently will not be considered for a pharmacy technician trainee registration.(b) Registration for pharmacy technician trainees. An individual may register as a pharmacy technician trainee only once and the registration may not be renewed.(1) Each applicant for pharmacy technician trainee registration shall:(A) have a high school or equivalent diploma (e.g., GED), or be working to achieve a high school or equivalent diploma. For the purposes of this subparagraph, an applicant for registration may be working to achieve a high school or equivalent diploma for no more than two years;(B) complete the Texas application for registration that includes the following information:(i) name;(ii) addresses, phone numbers, date of birth, and social security number; and(iii) any other information requested on the application.(C) meet all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and paying the required fees.(2) Once an applicant has successfully completed all requirements of registration, and the board has determined there are no grounds to refuse registration, the applicant will be notified of registration as a pharmacy technician trainee and of his or her pharmacy technician trainee registration number.(3) Pharmacy technician trainee registrations expire two years from the date of registration or upon issuance of registration as a registered pharmacy technician, whichever is earlier.(c) Initial registration for pharmacy technicians.(1) Each applicant for pharmacy technician registration shall:(A) have a high school or equivalent diploma (e.g., GED), or be working to achieve a high school or equivalent diploma. For the purpose of this clause, an applicant for registration may be working to achieve a high school or equivalent diploma for no more than two years; and(B) either have:(i) taken and passed a pharmacy technician certification examination approved by the board and have a current certification certificate; or(ii) been granted an exemption from certification by the board as specified in §297.7 of this title (relating to Exemption from Pharmacy Technician Certification Requirements); and(C) complete the Texas application for registration that includes the following information:(i) name;(ii) addresses, phone numbers, date of birth, and social security number; and(iii) any other information requested on the application.(D) meet all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and paying the required fees; and(E) pay the registration fee specified in §297.4 of this title (relating to Fees).(2) Once an applicant has successfully completed all requirements of registration, and the board has determined there are no grounds to refuse registration, the applicant will be notified of registration as a registered pharmacy technician and of his or her pharmacy technician registration number. If the pharmacy technician applicant was registered as a pharmacy technician trainee at the time the pharmacy technician registration is issued, the pharmacy technician trainee registration expires.(d) Renewal.(1) All applicants for renewal of a pharmacy technician registration shall:(A) complete the Texas application for registration that includes the following information:(i) name;(ii) addresses, phone numbers, date of birth, and social security number;(iii) meet all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and being responsible for all associated costs; and(iv) any other information requested on the application.(B) pay the renewal fee specified in §297.4 of this title; and(C) complete 20 contact hours of continuing education per renewal period as specified in §297.8 of this title (relating to Continuing Education).(2) A pharmacy technician registration expires on the last day of the assigned expiration month.(3) As specified in §568.004 of the Act, if the completed application and renewal fee are not received in the board's office on or before the last day of the assigned expiration month, the person's pharmacy technician registration shall expire. An expired registration shall be renewed according to the following schedule.(A) If a pharmacy technician registration has expired for 90 days or less, the person may become registered by making application and paying to the board a renewal fee that is equal to one and one-half times the renewal fee for the registration as specified in §297.4 of this title (relating to Fees).(B) If a pharmacy technician registration has been expired for more than 90 days but less than one year, the person may become registered by making application and paying to the board a renewal fee that is equal to two times the renewal fee for the registration as specified in §297.4 of this title.(C) If a pharmacy technician registration has expired for more than one year, the pharmacy technician may not renew the registration and must complete the requirements for initial registration as specified in subsection (c) of this section.(4) After review, the board may determine that paragraph (3)(C) of this subsection does not apply if the registrant is the subject of a pending investigation or disciplinary action.(e) An individual may use the title \"Registered Pharmacy Technician\" or \"Ph.T.R.\" if the individual is registered as a pharmacy technician in this state.", "sourceNote": "Source Note: The provisions of this §297.3 adopted to be effective December 23, 2003, 28 TexReg 11264; amended to be effective September 11, 2005, 30 TexReg 5367; amended to be effective June 11, 2006, 31 TexReg 4640; amended to be effective December 3, 2006, 31 TexReg 9611; amended to be effective September 18, 2007, 32 TexReg 6375; amended to be effective December 14, 2008, 33 TexReg 10028; amended to be effective September 12, 2011, 36 TexReg 5848; amended to be effective June 11, 2015, 40 TexReg 3667; amended to be effective June 12, 2016, 41 TexReg 4258; amended to be effective March 19, 2017, 42 TexReg 1128; amended to be effective March 7, 2018, 43TexReg 1279." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225955", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.4", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "124929", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pharmacy technician trainee. The fee for registration shall be $55 for a two-year registration.(b) Pharmacy technician.(1) Biennial Registration. The board shall require biennial renewal of all pharmacy technician registrations provided under Chapter 568 of the Act.(2) Initial Registration Fee. The fee for initial registration shall be $88 for a two-year registration.(3) Renewal Fee. The fee for biennial renewal shall be $85 for a two-year registration.", "sourceNote": "Source Note: The provisions of this §297.4 adopted\r\nto be effective December 23, 2003, 28 TexReg 11264; amended to be\r\neffective June 11, 2006, 31 TexReg 4640; amended to be effective November\r\n1, 2006, 31 TexReg 6734; amended to be effective October 1, 2007,\r\n32 TexReg 6375; amended to be effective October 1, 2009, 34 TexReg\r\n6116; amended to be effective September 14, 2010, 35 TexReg 8365;\r\namended to be effective December 1, 2011, 36 TexReg 5848; amended\r\nto be effective October 1, 2012, 37 TexReg 6939; amended to be effective\r\nJanuary 1, 2014, 38 TexReg 8888; amended to be effective September\r\n11, 2014, 39 TexReg 7138; amended to be effective January 4, 2018,\r\n42 TexReg 7709; amended to be effective June 20, 2019, 44 TexReg 2956;\r\namended to be effective October 1, 2021, 46 TexReg 5570; amended to\r\nbe effective September 1, 2025, 50 TexReg 5703." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "124929", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.5", "label": "Pharmacy Technician Trainees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130171", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person designated as a pharmacy technician trainee shall be registered with the board prior to beginning training in a Texas licensed pharmacy.(b) A person may be designated as a pharmacy technician trainee for no more than two years and the requirements for registration as a pharmacy technician must be completed within the two year period.", "sourceNote": "Source Note: The provisions of this §297.5 adopted to be effective December 23, 2003, 28 TexReg 11264; amended to be effective June 11, 2006, 31 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130171", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.6", "label": "Pharmacy Technician and Pharmacy Technician Trainee Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187267", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pharmacy technicians and pharmacy technician trainees shall complete initial training as outlined by the pharmacist-in-charge in a training manual. Such training:(1) shall meet the requirements of subsections (d) or (e) of this section; and(2) may not be transferred to another pharmacy unless:(A) the pharmacies are under common ownership and control and have a common training program; and(B) the pharmacist-in-charge of each pharmacy in which the pharmacy technician or pharmacy technician trainee works certifies that the pharmacy technician or pharmacy technician trainee is competent to perform the duties assigned in that pharmacy.(b) The pharmacist-in-charge shall assure the continuing competency of pharmacy technicians and pharmacy technician trainees through in-service education and training to supplement initial training.(c) The pharmacist-in-charge shall document the completion of the training program and certify the competency of pharmacy technicians and pharmacy technician trainees completing the training. A written record of initial and in-service training of pharmacy technicians and pharmacy technician trainees shall be maintained and contain the following information:(1) name of the person receiving the training;(2) date(s) of the training;(3) general description of the topics covered;(4) a statement that certifies that the pharmacy technician or pharmacy technician trainee is competent to perform the duties assigned;(5) name of the person supervising the training; and(6) signature of the pharmacy technician or pharmacy technician trainee and the pharmacist-in-charge or other pharmacist employed by the pharmacy and designated by the pharmacist-in-charge as responsible for training of pharmacy technicians and pharmacy technician trainees.(d) A person who has previously completed the training program outlined in subsection (e) of this section, a licensed nurse, or physician assistant is not required to complete the entire training program outlined in subsection (e) of this section if the person is able to show competency through a documented assessment of competency. Such competency assessment may be conducted by personnel designated by the pharmacist-in-charge, but the final acceptance of competency must be approved by the pharmacist-in-charge.(e) Pharmacy technician and pharmacy technician trainee training shall be outlined in a training manual. Such training manual shall, at a minimum, contain the following:(1) written procedures and guidelines for the use and supervision of pharmacy technicians and pharmacy technician trainees. Such procedures and guidelines shall:(A) specify the manner in which the pharmacist responsible for the supervision of pharmacy technicians and pharmacy technician trainees will supervise such personnel and verify the accuracy and completeness of all acts, tasks, and functions performed by such personnel; and(B) specify duties which may and may not be performed by pharmacy technicians and pharmacy technician trainees; and(2) instruction in the following areas and any additional areas appropriate to the duties of pharmacy technicians and pharmacy technician trainees in the pharmacy:(A) Orientation;(B) Job descriptions;(C) Communication techniques;(D) Laws and rules;(E) Security and safety;(F) Prescription drugs:(i) Basic pharmaceutical nomenclature;(ii) Dosage forms;(G) Drug orders:(i) Prescribers;(ii) Directions for use;(iii) Commonly-used abbreviations and symbols;(iv) Number of dosage units;(v) Strengths and systems of measurement;(vi) Routes of administration;(vii) Frequency of administration; and(viii) Interpreting directions for use;(H) Drug order preparation:(i) Creating or updating patient medication records;(ii) Entering drug order information into the computer or typing the label in a manual system;(iii) Selecting the correct stock bottle;(iv) Accurately counting or pouring the appropriate quantity of drug product;(v) Selecting the proper container;(vi) Affixing the prescription label;(vii) Affixing auxiliary labels, if indicated; and(viii) Preparing the finished product for inspection and final check by pharmacists;(I) Other functions;(J) Drug product prepackaging;(K) Written policy and guidelines for use of and supervision of pharmacy technicians and pharmacy technician trainees; and(L) Confidential patient medication records.(f) Pharmacy technicians and pharmacy technician trainees compounding non-sterile pharmaceuticals shall meet the training and education requirements specified in the rules for the class of pharmacy in which the pharmacy technician or pharmacy technician trainee is working.(g) Pharmacy technicians and pharmacy technician trainees compounding sterile pharmaceuticals shall meet the training and education requirements specified in the rules for class of pharmacy in which the pharmacy technician or pharmacy technician trainee is working.", "sourceNote": "Source Note: The provisions of this §297.6 adopted to be effective December 23, 2003, 28 TexReg 11264; amended to be effective June 11, 2006, 31 TexReg 4640; amended to be effective June 3, 2007, 32 TexReg 2862." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187267", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.7", "label": "Exemption from Pharmacy Technician Certification Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211228", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. This section outlines procedures to petition the board for an exemption to the certification requirements established by §568.002 of the Act (relating to Pharmacy Technician Registration Required). The board will consider petitions for exemption on a case by case basis.(b) Long-term exempt pharmacy technicians. Long-term exempt pharmacy technicians are pharmacy technicians who, on September 1, 2001, had been continuously employed as a pharmacy technician in this state for at least 10 years and who received an exemption from the board.(c) Rural county exempt pharmacy technicians. Rural county exempt pharmacy technicians are pharmacy technicians working in counties with a population of 50,000 or less and meet the following requirements.(1) Eligibility. An individual may petition the board for an exemption from the certification requirements established by §568.002 of the Act (relating to Pharmacy Technician Registration Required) if the individual works in a county with a population of 50,000 or less.(2) Petition process.(A) An individual shall petition the board for the exemption. The petition shall contain the following:(i) name of the individual;(ii) name, address, and license number of the pharmacy where the individual is employed;(iii) name of the county in which the pharmacy is located and the most recent official population estimate for the county from the Texas State Data Center;(iv) a notarized statement signed by the individual stating:(I) the reason(s) the individual is asking for the exemption, including reason(s) the individual has not taken and passed a pharmacy technician certification examination approved by the board; and(II) that the information provided in the petition is true and correct; and(v) a notarized statement signed by the pharmacist-in-charge of the pharmacy the individual is currently working, stating that the:(I) pharmacist-in-charge supports the individual's petition for exemption;(II) individual has completed the pharmacy technician training program at the pharmacy; and(III) pharmacist-in-charge has personally worked with and observed that the individual is competent to perform the duties of a pharmacy technician.(B) Each petition shall be considered on an individual basis. In determining whether to grant the exemption, the board shall consider the information contained in the petition and additional information including the following:(i) the accuracy and completeness of the petition;(ii) reason(s) the individual is asking for the exemption;(iii) the population of the county;(iv) the number of pharmacies located in the county and adjacent counties and the number of pharmacy technicians working in these pharmacies;(v) unemployment rate in the county and adjacent counties; and(vi) the following information concerning the pharmacy where the individual is currently working:(I) the degree of compliance on previous compliance inspections; and(II) history of disciplinary action by the board or other regulatory agencies against the licenses held by the pharmacy or pharmacists working at the pharmacy.(C) After review of the petition, the individual and the pharmacist-in-charge of the pharmacy where the individual is working shall be notified in writing of approval or denial of the petition.(D) If the petition is approved, the individual shall register with the board as a pharmacy technician.(3) Limitations.(A) The exemption granted under this subsection may only be used at the pharmacy noted in the petition and may not be transferred to another pharmacy. If the pharmacy technician ceases employment at the pharmacy or changes employment, the exemption is canceled.(B) If the population of the county exceeds 50,000, the board shall cancel the exemption. The pharmacy technician and the pharmacist-in-charge of the pharmacy shall be notified when an exemption is canceled.(C) If the exemption granted under subparagraphs (A) or (B) of this paragraph is cancelled, the pharmacy technician's registration is void and the registration certificate must be surrendered to the Board.", "sourceNote": "Source Note: The provisions of this §297.7 adopted to be effective December 23, 2003, 28 TexReg 11264; amended to be effective September 7, 2004, 29 TexReg 8525; amended to be effective June 11, 2006, 31 TexReg 4640; amended to be effective June 8, 2008, 33 TexReg 4310; amended to be effective January 4, 2018, 42 TexReg 7709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211228&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211228", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.8", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199759&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199759", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pharmacy Technician Trainees. Pharmacy technician trainees are not required to complete continuing education.(b) Pharmacy Technicians.(1) All pharmacy technicians shall be exempt from the continuing education requirements during their initial registration period.(2) All pharmacy technicians must complete and report 20 contact hours of approved continuing education obtained during the previous renewal period in pharmacy related subjects in order to renew their registration as a pharmacy technician. No more than 5 of the 20 hours may be earned at the pharmacy technician's workplace through in-service education and training under the direct supervision of the pharmacist(s).(3) A pharmacy technician may satisfy the continuing education requirements by:(A) successfully completing the number of continuing education hours necessary to renew a registration as specified in paragraph (2) of this subsection;(B) successfully completing during the preceding license period, one credit hour for each year of the renewal period, in pharmacy related college course(s); or(C) taking and passing a pharmacy technician certification examination approved by the board during the preceding renewal period, which shall be equivalent to the number of continuing education hours necessary to renew a registration as specified in paragraph (2) of this subsection.(4) To renew a registration, a pharmacy technician must report on the renewal application completion of at least twenty contact hours of continuing education. The following is applicable to the reporting of continuing education contact hours:(A) at least one contact hour of the 20 contact hours specified in paragraph (2) of this subsection shall be related to Texas pharmacy laws or rules;(B) any continuing education requirements which are imposed upon a pharmacy technician as a part of a board order or agreed board order shall be in addition to the requirements of this section; and(C) a pharmacy technician must have completed the human trafficking prevention course required in §116.002 of the Texas Occupations Code.(5) Pharmacy technicians are required to maintain records of completion of continuing education for three years from the date of reporting the hours on a renewal application. The records must contain at least the following information:(A) name of participant;(B) title and date of program;(C) program sponsor or provider (the organization);(D) number of hours awarded; and(E) dated signature of sponsor representative.(6) The board shall audit the records of pharmacy technicians for verification of reported continuing education credit. The following is applicable for such audits.(A) Upon written request, a pharmacy technician shall provide to the board copies of the record required to be maintained in paragraph (5) of this subsection or certificates of completion for all continuing education contact hours reported during a specified registration period. Failure to provide all requested records by the specified deadline constitutes prima facie evidence of a violation of this rule.(B) Credit for continuing education contact hours shall only be allowed for programs for which the pharmacy technician submits copies of records reflecting that the hours were completed during the specified registration period(s). Any other reported hours shall be disallowed.(C) A pharmacy technician who submits false or fraudulent records to the board shall be subject to disciplinary action by the board.(7) The following is applicable if a pharmacy technician fails to report completion of the required continuing education.(A) The registration of a pharmacy technician who fails to report completion of the required number of continuing education contact hours shall not be renewed and the pharmacy technician shall not be issued a renewal certificate for the license period until such time as the pharmacy technician successfully completes the required continuing education and reports the completion to the board.(B) A person shall not practice as a pharmacy technician without a current renewal certificate.(8) A pharmacy technician who has had a physical disability, illness, or other extenuating circumstances which prohibits the pharmacy technician from obtaining continuing education credit during the preceding license period may be granted an extension of time to complete the continued education requirement. The following is applicable for this extension:(A) The pharmacy technician shall submit a petition to the board with his/her registration renewal application which contains:(i) the name, address, and registration number of the pharmacy technician;(ii) a statement of the reason for the request for extension;(iii) if the reason for the request for extension is health related, a statement from the attending physician(s) treating the pharmacy technician which includes the nature of the physical disability or illness and the dates the pharmacy technician was incapacitated; and(iv) if the reason for the request for the extension is for other extenuating circumstances, a detailed explanation of the extenuating circumstances and if because of military deployment, documentation of the dates of the deployment.(B) After review and approval of the petition, a pharmacy technician may be granted an extension of time to comply with the continuing education requirement which shall not exceed one license renewal period.(C) An extension of time to complete continuing education credit does not relieve a pharmacy technician from the continuing education requirement during the current license period.(D) If a petition for extension to the reporting period for continuing education is denied, the pharmacy technician shall:(i) have 60 days to complete and report completion of the required continuing education requirements; and(ii) be subject to the requirements of paragraph (6) of this subsection relating to failure to report completion of the required continuing education if the required continuing education is not completed and reported within the required 60-day time period.(9) The following are considered approved programs for pharmacy technicians.(A) Any program presented by an Accreditation Council for Pharmacy Education (ACPE) approved provider subject to the following conditions.(i) Pharmacy technicians may receive credit for the completion of the same ACPE course only once during a renewal period.(ii) Pharmacy technicians who present approved ACPE continuing education programs may receive credit for the time expended during the actual presentation of the program. Pharmacy technicians may receive credit for the same presentation only once during a license period.(iii) Proof of completion of an ACPE course shall contain the following information:(I) name of the participant;(II) title and completion date of the program;(III) name of the approved provider sponsoring or cosponsoring the program;(IV) number of contact hours awarded;(V) the assigned ACPE universal program number and a \"T\" designation indicating that the CE is targeted to pharmacy technicians; and(VI) either:(-a-) a dated certifying signature of the approved provider and the official ACPE logo; or(-b-) the Continuing Pharmacy Education Monitor logo.(B) Pharmacy related college courses which are part of a pharmacy technician training program or part of a professional degree program offered by a college of pharmacy.(i) Pharmacy technicians may receive credit for the completion of the same course only once during a license period. A course is equivalent to one credit hour for each year of the renewal period. One credit hour is equal to 15 contact hours.(ii) Pharmacy technicians who teach these courses may receive credit towards their continuing education, but such credit may be received only once for teaching the same course during a license period.(C) Basic cardiopulmonary resuscitation (CPR) courses which lead to CPR certification by the American Red Cross or the American Heart Association or its equivalent shall be recognized as approved programs. Pharmacy technicians may receive credit for one contact hour towards their continuing education requirement for completion of a CPR course only once during a renewal period. Proof of completion of a CPR course shall be the certificate issued by the American Red Cross or the American Heart Association or its equivalent.(D) Advanced cardiovascular life support courses (ACLS) or pediatric advanced life support (PALS) courses which lead to initial ACLS or PALS certification by the American Heart Association or its equivalent shall be recognized as approved programs. Pharmacy technicians may receive credit for twelve contact hours towards their continuing education requirement for completion of an ACLS or PALS course only once during a renewal period. Proof of completion of an ACLS or PALS course shall be the certificate issued by the American Heart Association or its equivalent.(E) Advanced cardiovascular life support courses (ACLS) or pediatric advanced life support (PALS) courses which lead to ACLS or PALS recertification by the American Heart Association or its equivalent shall be recognized as approved programs. Pharmacy technicians may receive credit for four contact hours towards their continuing education requirement for completion of an ACLS or PALS recertification course only once during a renewal period. Proof of completion of an ACLS or PALS recertification course shall be the certificate issued by the American Heart Association or its equivalent.(F) Attendance at Texas State Board of Pharmacy Board Meetings shall be recognized for continuing education credit as follows.(i) Pharmacy technicians shall receive credit for three contact hours towards their continuing education requirement for attending a full, public board business meeting in its entirety.(ii) A maximum of six contact hours are allowed for attendance at a board meeting during a renewal period.(iii) Proof of attendance for a complete board meeting shall be a certificate issued by the Texas State Board of Pharmacy.(G) Participation in a Texas State Board of Pharmacy appointed Task Force shall be recognized for continuing education credit as follows.(i) Pharmacy technicians shall receive credit for three contact hours towards their continuing education requirement for participating in a Texas State Board of Pharmacy appointed Task Force.(ii) Proof of participation for a Task Force shall be a certificate issued by the Texas State Board of Pharmacy.(H) Attendance at programs presented by the Texas State Board of Pharmacy or courses offered by the Texas State Board of Pharmacy as follows:(i) Pharmacy technicians shall receive credit for the number of hours for the program or course as stated by the Texas State Board of Pharmacy.(ii) Proof of attendance at a program presented by the Texas State Board of Pharmacy or completion of a course offered by the Texas State Board of Pharmacy shall be a certificate issued by the Texas State Board of Pharmacy.(I) Pharmacy technicians shall receive credit toward their continuing education requirements for programs or courses approved by other state boards of pharmacy as follows:(i) Pharmacy technicians shall receive credit for the number of hours for the program or course as specified by the other state board of pharmacy.(ii) Proof of attendance at a program or course approved by another state board of pharmacy shall be a certificate or other documentation that indicates:(I) name of the participant;(II) title and completion date of the program;(III) name of the approved provider sponsoring or cosponsoring the program;(IV) number of contact hours awarded;(V) a dated certifying signature of the provider; and(VI) documentation that the program is approved by the other state board of pharmacy.(J) Completion of an Institute for Safe Medication Practices' (ISMP) Medication Safety Self-Assessment for hospital pharmacies or for community/ambulatory pharmacies shall be recognized for continuing education credit as follows.(i) Pharmacy technicians shall receive credit for three contact hours towards their continuing education requirement for completion of an ISMP Medication Safety Self-Assessment.(ii) Proof of completion of an ISMP Medication Safety Self-Assessment shall be:(I) a continuing education certificate provided by an ACPE approved provider for completion of an assessment; or(II) a document from ISMP showing completion of an assessment.(K) Programs approved by the American Medical Association (AMA) as Category 1 Continuing Medical Education (CME) and accredited by the Accreditation Council for Continuing Medical Education subject to the following conditions.(i) Pharmacy technicians may receive credit for the completion of the same CME course only once during a license period.(ii) Pharmacy technicians who present approved CME programs may receive credit for the time expended during the actual presentation of the program. Pharmacy technicians may receive credit for the same presentation only once during a license period.(iii) Proof of completion of a CME course shall contain the following information:(I) name of the participant;(II) title and completion date of the program;(III) name of the approved provider sponsoring or cosponsoring the program;(IV) number of contact hours awarded; and(V) a dated certifying signature of the approved provider.(L) In-service education provided under the direct supervision of a pharmacist shall be recognized as continuing education as follows:(i) Pharmacy technicians shall receive credit for the number of hours provided by pharmacist(s) at the pharmacy technician's place of employment.(ii) Proof of completion of in-service education shall contain the following information:(I) name of the participant;(II) title or description of the program;(III) completion date of the program;(IV) name of the pharmacist supervising the in-service education;(V) number of hours; and(VI) a dated signature of the pharmacist providing the in-service education.", "sourceNote": "Source Note: The provisions of this §297.8 adopted to be effective December 23, 2003, 28 TexReg 11264; amended to be effective June 11, 2006, 31 TexReg 4640; amended to be effective June 12, 2013, 38 TexReg 3603; amended to be effective September 14, 2015, 40 TexReg 6132; amended to be effective January 4, 2018, 42 TexReg 7709; amended to be effective December 9, 2019, 44 TexReg 7546; amended to be effective December 6, 2022, 47 TexReg 8042." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199759&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199759", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.9", "label": "Notifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226927", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Change of Address and/or Name.(1) Change of address. A pharmacy technician or pharmacy technician trainee shall notify the board electronically or in writing within 10 days of a change of address, giving the old and new address and registration number.(2) Change of name.(A) A pharmacy technician or pharmacy technician trainee shall notify the board in writing within 10 days of a change of name by sending a copy of the official document reflecting the name change (e.g., marriage certificate, divorce decree, etc.).(B) An amended registration and/or certificate reflecting the new name of the pharmacy technician or pharmacy technician trainee will be issued by the board.(b) Change of Employment. A pharmacy technician or pharmacy technician trainee shall report electronically or in writing to the board within 10 days of a change of employment giving the name and license number of the old and new pharmacy and registration number.", "sourceNote": "Source Note: The provisions of this §297.9 adopted to be effective December 23, 2003, 28 TexReg 11264; amended to be effective June 11, 2006, 31 TexReg 4640; amended to be effective March 15, 2015, 40 TexReg 1090; amended to be effective June 18, 2020, 45 TexReg 4035." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226927&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226927", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.10", "label": "Registration for Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172733", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Active duty--Current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, or similar military service of another state.(2) Armed forces of the United States--The army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) Military service member--A person who is on active duty.(4) Military spouse--A person who is married to a military service member.(5) Military veteran--A person who has served on active duty and who was discharged or released from active duty.(b) Alternative registration procedure. For the purpose of §55.004, Occupations Code, a military service member, military veteran, or military spouse may complete the following alternative procedures to apply for a pharmacy technician registration if the applicant holds a current registration issued by another state that is similar in scope of practice to the registration in this state and is in good standing with that state's licensing authority or within the five years preceding the application date held a pharmacy technician registration in this state.(1) Provisional registration. On receipt by the board of an application for a pharmacy technician registration in accordance with this subsection, the board shall issue a provisional registration to the applicant while the board processes the application. A provisional registrations issued under this subsection expires on the earlier of:(A) the date the board approves or denies the provisional registration holder's application for the registration; or(B) the 180th date after the date the provisional registration is issued.(2) An applicant who holds a current registration as a pharmacy technician issued by another state but does not have a current pharmacy technician certification certificate shall meet the requirements for registration as a pharmacy technician trainee as specified in §297.3 of this chapter (relating to Registration Requirements).(3) An applicant who held a pharmacy technician registration in Texas that expired within the five years preceding the application date who meets the following requirements may be granted a pharmacy technician registration. The applicant:(A) shall complete the Texas application for registration that includes the following:(i) name;(ii) addresses, phone numbers, date of birth, and social security number; and(iii) any other information requested on the application;(B) shall provide documentation to include:(i) military identification indicating that the applicant is a military service member, military veteran, or military dependent, if a military spouse; and(ii) marriage certificate, if the applicant is a military spouse; applicant's spouse is on active duty status;(C) be exempt from the application fees paid to the board set forth in §297.4(a) and (b)(2) of this chapter (relating to Fees);(D) shall meet all necessary requirements in order for the board to access the criminal history records information, including submitting fingerprint information and such criminal history check does not reveal any charge or conviction for a crime that §281.64 of this title (relating to Sanctions for Criminal Offenses) indicates a sanction of denial, revocation, or suspension; and(E) is not required to have a current pharmacy technician certification certificate.(c) Expedited registration procedure. For the purpose of §55.005, Occupations Code, a military service member, military veteran or military spouse may complete the following expedited procedures to apply for a pharmacy technician registration if the applicant holds a current registration issued by another state that is similar in scope of practice to the registration in this state and is in good standing with that state's licensing authority or within the five years preceding the application date held a pharmacy technician registration in this state.(1) The applicant shall:(A) have a high school or equivalent diploma (e.g., GED), or be working to achieve a high school or equivalent diploma. For the purpose of this clause, an applicant for registration may be working to achieve a high school or equivalent diploma for no more than two years;(B) have taken and passed a pharmacy technician certification examination approved by the board and have a current certification certificate;(C) complete the Texas application for registration that includes the following information:(i) name;(ii) addresses, phone numbers, date of birth, and social security number; and(iii) any other information requested on the application;(D) meet all requirements necessary in order for the Board to access the criminal history record information, including submitting fingerprint information and paying the required fees; and(E) shall be exempt from the registration fee as specified in §297.4(b)(2) of this chapter.(2) Once an applicant has successfully completed all requirements of registration, and the board has determined there are no grounds to refuse registration, the applicant shall be notified of registration as a registered pharmacy technician and of his or her pharmacy technician registration number.(3) All applicants for renewal of an expedited pharmacy technician registration issued to a military service member, military veteran, or military spouse shall comply with the renewal procedures as specified in §297.3 of this chapter.(d) Registration renewal. As specified in §55.003, Occupations Code, a military service member who holds a pharmacy technician registration is entitled to two years of additional time to complete any requirements related to the renewal of the military service member's registration.(1) A military service member who fails to renew their pharmacy technician registration in a timely manner because the individual was serving as a military service member shall submit to the board:(A) name, address, and registration number of the pharmacy technician;(B) military identification indicating that the individual is a military service member; and(C) a statement requesting up to two years of additional time to complete the renewal.(2) A military service member specified in paragraph (1) of this subsection shall be exempt from fees specified in §297.3(d)(3) of this chapter.(3) A military service member specified in paragraph (1) of this subsection is entitled to two additional years of time to complete the continuing education requirements specified in §297.8 of this title (relating to Continuing Education Requirements).(e) Interim registration for military service member or military spouse. In accordance with §55.0041, Occupations Code, a military service member or military spouse may be issued an interim pharmacy technician registration if the member or spouse currently holds a registration similar in scope of practice issued by the licensing authority of another state and is in good standing with that licensing authority as specified in §55.0042, Occupations Code.(1) Before engaging in pharmacy technician duties, the military service member or military spouse shall submit an application that includes:(A) a copy of the member's military orders showing relocation to this state;(B) if the applicant is a military spouse, a copy of the military spouse's marriage certificate; and(C) a notarized affidavit affirming under penalty of perjury that:(i) the applicant is the person described and identified in the application;(ii) all statements in the application are true, correct, and complete;(iii) the applicant understands the scope of practice for a pharmacy technician registration in this state and will not perform outside of that scope of practice; and(iv) the applicant is in good standing in each state in which the applicant holds or has held a pharmacy technician registration. (2) A military service member or military spouse applying for an interim registration under this subsection may not engage in pharmacy technician duties in this state until issued an interim pharmacy technician registration.(3) For a military service member or military spouse applying for an interim registration under this subsection, the board shall:(A) determine whether the state in which the applicant is registered issues registrations similar in scope of practice to a pharmacy technician registration issued by the board; and(B) notify the applicant that:(i) the board is issuing the interim registration;(ii) the application is incomplete; or(iii) the board is unable to issue the interim registration because a pharmacy technician registration issued by the board is not similar in scope of practice to the applicant's registration.(4) A military service member or military spouse may engage in pharmacy technician duties under an interim registration issued under this subsection only for the period during which the military service member or, with respect to a military spouse, the military service member to whom the spouse is married is stationed at a military installation in this state.(5) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to engage in pharmacy technician duties under an interim registration issued under this subsection until the third anniversary of the date the spouse submitted the application required under paragraph (1) of this subsection.(6) While engaged in pharmacy technician duties in this state, the military service member or military spouse shall comply with all other laws and regulations applicable to practicing as a pharmacy technician in this state.(f) Relationship to federal law. This section establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that may be provided under federal law.", "sourceNote": "Source Note: The provisions of this §297.10 adopted to be\r\neffective March 13, 2012, 37 TexReg 1706; amended to be effective\r\nJanuary 7, 2014, 39 TexReg 78; amended to be effective December 6,\r\n2015, 40 TexReg 8789; amended to be effective June 12, 2016, 41 TexReg\r\n4258; amended to be effective January 4, 2018, 42 TexReg 7709; amended\r\nto be effective December 9, 2019, 44 TexReg 7547; amended to be effective\r\nDecember 7, 2021, 46 TexReg 8253; amended to be effective December\r\n4, 2023, 48 TexReg 7061; amended to be effective March 7, 2024, 49\r\nTexReg 1474; amended to be effective November 30, 2025, 50 TexReg\r\n7727." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172733", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "297", "label": "PHARMACY TECHNICIANS AND PHARMACY TECHNICIAN TRAINEES" }, "rule": { "number": "§297.11", "label": "Temporary Emergency Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212962", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Emergency situation--An emergency caused by a natural or manmade disaster or any other exceptional situation that causes an extraordinary demand for pharmacist services.(2) State--One of the 50 United States of America, the District of Columbia, and Puerto Rico.(b) Emergency Temporary Pharmacy Technician Registration. In an emergency situation, the board may grant a pharmacy technician who holds a current registration in another state an emergency temporary pharmacy technician registration to practice in Texas. The following is applicable for the emergency temporary pharmacy technician registration.(1) An applicant for an emergency temporary pharmacy technician registration under this section must hold a current pharmacy technician registration in another state and that registration and other registrations held by the applicant in any other state may not be suspended, revoked, canceled, surrendered, or otherwise restricted for any reason.(2) To qualify for an emergency temporary pharmacy technician registration, the applicant must submit an application including the following information:(A) name, address, and phone number of the applicant; and(B) any other information the required by the board.(3) An emergency temporary pharmacy technician registration shall be valid for a period as determined by the board not to exceed six months. The executive director of the board, in his/her discretion, may renew the registration for an additional six months, if the emergency situation still exists.(c) Exception. This section is not applicable to pharmacy technicians enrolled in a volunteer health registry maintained by the Texas Department of State Health Services.", "sourceNote": "Source Note: The provisions of this §297.11 adopted to be effective June 11, 2015, 40 TexReg 3667." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212962", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "303", "label": "DESTRUCTION OF DRUGS" }, "rule": { "number": "§303.1", "label": "Destruction of Dispensed Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171754&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171754", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Drugs dispensed to patients in health care facilities or institutions.(1) Destruction by the consultant pharmacist. The consultant pharmacist, if in good standing with the Texas State Board of Pharmacy, is authorized to destroy dangerous drugs dispensed to patients in health care facilities or institutions. A consultant pharmacist may destroy controlled substances as allowed to do so by federal laws or rules of the Drug Enforcement Administration. Dangerous drugs may be destroyed provided the following conditions are met.(A) A written agreement exists between the facility and the consultant pharmacist.(B) The drugs are inventoried and such inventory is verified by the consultant pharmacist. The following information shall be included on this inventory:(i) name and address of the facility or institution;(ii) name and pharmacist license number of the consultant pharmacist;(iii) date of drug destruction;(iv) date the prescription was dispensed;(v) unique identification number assigned to the prescription by the pharmacy;(vi) name of dispensing pharmacy;(vii) name, strength, and quantity of drug;(viii) signature of consultant pharmacist destroying drugs;(ix) signature of the witness(es); and(x) method of destruction.(C) The signature of the consultant pharmacist and witness(es) to the destruction and the method of destruction specified in subparagraph (B) of this paragraph may be on a cover sheet attached to the inventory and not on each individual inventory sheet, provided the cover sheet contains a statement indicating the number of inventory pages that are attached and each of the attached pages are initialed by the consultant pharmacist and witness(es).(D) The drugs are destroyed in a manner to render the drugs unfit for human consumption and disposed of in compliance with all applicable state and federal requirements.(E) The actual destruction of the drugs is witnessed by one of the following:(i) a commissioned peace officer;(ii) an agent of the Texas State Board of Pharmacy;(iii) an agent of the Texas Health and Human Services Commission, authorized by the Texas State Board of Pharmacy to destroy drugs;(iv) an agent of the Texas Department of State Health Services, authorized by the Texas State Board of Pharmacy to destroy drugs; or(v) any two individuals working in the following capacities at the facility:(I) facility administrator;(II) director of nursing;(III) acting director of nursing; or(IV) licensed nurse.(F) If the actual destruction of the drugs is conducted at a location other than the facility or institution, the consultant pharmacist and witness(es) shall retrieve the drugs from the facility or institution, transport, and destroy the drugs at such other location.(2) Destruction by a waste disposal service. A consultant pharmacist may utilize a waste disposal service to destroy dangerous drugs dispensed to patients in health care facilities or institutions. A consultant pharmacist may destroy controlled substances, including any dangerous drugs comingled with the controlled substances in a shared container, as allowed to do so by federal laws or rules of the Drug Enforcement Administration. Dangerous drugs not comingled with controlled substances may be transferred to a waste disposal service for destruction provided the following conditions are met.(A) The waste disposal service is in compliance with applicable rules of the Texas Commission on Environmental Quality and United States Environmental Protection Agency relating to waste disposal.(B) The consultant pharmacist seals the container of drugs in the presence of the facility administrator and the director of nursing or one of the other witnesses listed in paragraph (1)(E) of this subsection as follows:(i) tamper resistant tape is placed on the container in such a manner that any attempt to reopen the container will result in the breaking of the tape; and(ii) the signature of the consultant pharmacist is placed over this tape seal.(C) The sealed container is maintained in a secure area at the facility or institution until transferred to the waste disposal service by the consultant pharmacist, facility administrator, director of nursing, or acting director of nursing.(D) A record of the transfer to the waste disposal service is maintained. Such record shall contain the following information:(i) date of the transfer;(ii) signature of the person who transferred the drugs to the waste disposal service;(iii) name and address of the waste disposal service; and(iv) signature of the employee of the waste disposal service who receives the container.(E) The waste disposal service shall provide the facility with proof of destruction of the sealed container. Such proof of destruction shall contain the date, location, and method of destruction of the container.(3) Record retention. All records required in this subsection shall be maintained by the consultant pharmacist at the health care facility or institution for two years from the date of destruction.(b) Drugs returned to a pharmacy. A pharmacist in a pharmacy may accept and destroy dangerous drugs that have been previously dispensed to a patient and returned to a pharmacy by the patient or an agent of the patient. A pharmacist may accept controlled substances that have been previously dispensed to a patient as allowed by federal laws of the Drug Enforcement Administration. The following procedures shall be followed in destroying dangerous drugs.(1) The dangerous drugs shall be destroyed in a manner to render the drugs unfit for human consumption and disposed of in compliance with all applicable state and federal requirements.(2) Documentation shall be maintained that includes the following information:(A) name and address of the dispensing pharmacy;(B) unique identification number assigned to the prescription, if available;(C) name and strength of the dangerous drug; and(D) signature of the pharmacist.", "sourceNote": "Source Note: The provisions of this §303.1 adopted to be effective September 20, 1977, 2 TexReg 3396; amended to be effective August 2, 1983, 8 TexReg 2698; amended to be effective August 30, 1984, 9 TexReg 4451; amended to be effective September 14, 1988, 13 TexReg 4326; amended to be effective June 11, 1991, 16 TexReg 2953; amended to be effective May 6, 1993, 18 TexReg 2625; amended to be effective September 30, 1993, 18 TexReg 6463; amended to be effective March 25, 1999, 24 TexReg 2024; amended to be effective March 12, 2003, 28 TexReg 2083; amended to be effective March 4, 2004, 29 TexReg 2013; amended to be effective September 13, 2009, 34 TexReg 6117; amended to be effectiveSeptember 12, 2011, 36 TexReg 5850; amended to be effective March 15, 2015, 40 TexReg 1090; amended to be effective March 7, 2023, 48 TexReg 1296." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171754&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171754", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "303", "label": "DESTRUCTION OF DRUGS" }, "rule": { "number": "§303.2", "label": "Disposal of Stock Prescription Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "1794", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition of stock. \"Stock\" as used in these sections means dangerous drugs or controlled substances which are packaged in the original manufacturer's container.(b) Disposal of stock dangerous drugs. A pharmacist, licensed by the board, is authorized to destroy stock dangerous drugs owned by a licensed pharmacy if such dangerous drugs are destroyed in a manner to render the drugs unfit for human consumption and disposed of in compliance with all applicable state and federal requirements.(c) Disposal of stock controlled substances. A pharmacist, licensed by the board, shall dispose of stock controlled substances owned by a licensed pharmacy in accordance with procedures authorized by the Federal and Texas Controlled Substances Acts and sections adopted pursuant to such Acts.", "sourceNote": "Source Note: The provisions of this §303.2 adopted to be effective April 25, 1984, 9 TexReg 2019; amended to be effective February 17, 1988, 13 TexReg 614; amended to be effective September 30, 1993, 18 TexReg 6463; amended to be effective March 25, 1999, 24 TexReg 2024; amended to be effective March 12, 2003, 28 TexReg 2083; amended to be effective September 13, 2009, 34 TexReg 6117; amended to be effective March 15, 2015, 40 TexReg 1090." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1794&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "1794", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "303", "label": "DESTRUCTION OF DRUGS" }, "rule": { "number": "§303.3", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175034", "queryAsDate": "03/11/2026" }, "ruleBody": "All inventory records and forms of disposed drugs shall be maintained for two years from the date of transfer, disposal, or destruction and be available for inspection by an agent of the board, Texas Department of Public Safety, Drug Enforcement Administration, or any other agent authorized to inspect such records.", "sourceNote": "Source Note: The provisions of this §303.3 adopted to be effective April 25, 1984, 9 TexReg 2019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175034", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "309", "label": "SUBSTITUTION OF DRUG PRODUCTS" }, "rule": { "number": "§309.1", "label": "Objective" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202028", "queryAsDate": "03/11/2026" }, "ruleBody": "These sections govern the substitution of lower-priced generically equivalent drug products for certain brand name drug products and the substitution of interchangeable biological products for certain biological products.", "sourceNote": "Source Note: The provisions of this §309.1 adopted to be effective June 1, 2002, 27 TexReg 1782; amended to be effective December 6, 2015, 40 TexReg 8790." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202028", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "309", "label": "SUBSTITUTION OF DRUG PRODUCTS" }, "rule": { "number": "§309.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "202029", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Any term not defined in this section shall have the definition set out in the Act, §551.003 and Chapter 562.(1) Act--The Texas Pharmacy Act, Occupations Code, Subtitle J, as amended.(2) Biological product--A virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein (except any chemically synthesized polypeptide), or analogous product, or arsphenamine or derivative of arsphenamine (or any other trivalent organic arsenic compound), applicable to the prevention, treatment, or cure of a disease or condition of human beings.(3) Biosimilar--A biological product that is highly similar to the reference product notwithstanding minor differences in clinically inactive components and there are no clinically meaningful differences between the biological product and the reference product in terms of the safety, purity, and potency of the product.(4) Data communication device--An electronic device that receives electronic information from one source and transmits or routes it to another (e.g., bridge, router, switch, or gateway).(5) Electronic prescription drug order--A prescription drug order which is transmitted by an electronic device to the receiver (pharmacy).(6) Generically equivalent--A drug that is pharmaceutically equivalent and therapeutically equivalent to the drug prescribed.(7) Interchangeable--Referencing a biological product that is:(A) biosimilar to the reference product and can be expected to produce the same clinical result as the reference product in any given patient; and if the biological product is administered more than once to an individual, the risk in terms of safety or diminished efficacy of alternating or switching between use of the biological product and the reference product is not greater than the risk of using the reference product without such alternation or switch may be substituted for the reference product without the intervention of the health care provider who prescribed the reference product; or(B) designated as therapeutically equivalent to another product by the United States Food and Drug Administration in the most recent edition or supplement of the United States Food and Drug Administration's references.(8) Pharmaceutically equivalent--Drug products that have identical amounts of the same active chemical ingredients in the same dosage form and that meet the identical compendial or other applicable standards of strength, quality, and purity according to the United States Pharmacopoeia or another nationally recognized compendium.(9) Reference product--A single biological product against which a biological product is evaluated and is found to be biosimilar.(10) Therapeutically equivalent--Pharmaceutically equivalent drug products that, if administered in the same amounts, will provide the same therapeutic effect, identical in duration and intensity.(11) Original prescription--The:(A) original written prescription drug orders; or(B) original oral or electronic prescription drug orders reduced to writing either manually or electronically.(12) Practitioner--(A) A person licensed or registered to prescribe, distribute, administer, or dispense a prescription drug or device in the course of professional practice in this state, including a physician, dentist, podiatrist, therapeutic optometrist, or veterinarian but excluding a person licensed under this subtitle;(B) A person licensed by another state, Canada, or the United Mexican States in a health field in which, under the law of this state, a license holder in this state may legally prescribe a dangerous drug;(C) A person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current federal Drug Enforcement Administration registration number and who may legally prescribe a Schedule II, III, IV, or V controlled substance, as specified under Chapter 481, Health and Safety Code, in that other state; or(D) An advanced practice registered nurse or physician assistant to whom a physician has delegated the authority to carry out or sign prescription drug orders under §§157.0511, 157.0512, or 157.054, Occupations Code.", "sourceNote": "Source Note: The provisions of this §309.2 adopted to be effective June 1, 2002, 27 TexReg 1782; amended to be effective June 12, 2005, 30 TexReg 3210; amended to be effective December 6, 2015, 40 TexReg 8790; amended to be effective December 10, 2020, 45 TexReg 8866." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=202029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "202029", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "309", "label": "SUBSTITUTION OF DRUG PRODUCTS" }, "rule": { "number": "§309.3", "label": "Substitution Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175037", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements. In accordance with Chapter 562 of the Act, a pharmacist may dispense a generically equivalent drug or interchangeable biological product if:(1) the generic drug or interchangeable biological product costs the patient less than the prescribed drug product;(2) the patient does not refuse the substitution; and(3) the practitioner does not certify on the prescription form that a specific prescribed brand is medically necessary as specified in a dispensing directive described in subsection (c) of this section.(b) Prescription format for written prescription drug orders.(1) A written prescription drug order issued in Texas may:(A) be on a form containing a single signature line for the practitioner; and(B) contain the following reminder statement on the face of the prescription: \"A generically equivalent drug product may be dispensed unless the practitioner hand writes the words 'Brand Necessary' or 'Brand Medically Necessary' on the face of the prescription.\"(2) A pharmacist may dispense a prescription that is not issued on the form specified in paragraph (1) of this subsection, however, the pharmacist may dispense a generically equivalent drug or interchangeable biological product unless the practitioner has prohibited substitution through a dispensing directive in compliance with subsection (c)(1) of this section.(3) The prescription format specified in paragraph (1) of this subsection does not apply to the following types of prescription drug orders:(A) prescription drug orders issued by a practitioner in a state other than Texas;(B) prescriptions for dangerous drugs issued by a practitioner in the United Mexican States or the Dominion of Canada; or(C) prescription drug orders issued by practitioners practicing in a federal facility provided they are acting in the scope of their employment.(4) In the event of multiple prescription orders appearing on one prescription form, the practitioner shall clearly identify to which prescription(s) the dispensing directive(s) apply. If the practitioner does not clearly indicate to which prescription(s) the dispensing directive(s) apply, the pharmacist may substitute on all prescriptions on the form.(c) Dispensing directive.(1) General requirements. The following is applicable to the dispensing directive outlined in this subsection.(A) When a prescription is issued for a brand name product that has no generic equivalent product, the pharmacist must dispense the brand name product. If a generic equivalent or interchangeable biological product becomes available, a pharmacist may substitute the generically equivalent or interchangeable biological product unless the practitioner has specified on the initial prescription that the brand name product is medically necessary.(B) If the practitioner has prohibited substitution through a dispensing directive in compliance with this subsection, a pharmacist shall not substitute a generically equivalent drug or interchangeable biological product unless the pharmacist obtains verbal or written authorization from the practitioner, notes such authorization on the original prescription drug order, and notifies the patient in accordance with §309.4 of this title (relating to Patient Notification).(2) Written prescriptions.(A) A practitioner may prohibit the substitution of a generically equivalent drug or interchangeable biological product for a brand name drug product by writing across the face of the written prescription, in the practitioner's own handwriting, the phrase \"brand necessary\" or \"brand medically necessary.\"(B) The dispensing directive shall:(i) be in a format that protects confidentiality as required by the Health Insurance Portability and Accountability Act of 1996 (29 U.S.C. Section 1181 et seq.) and its subsequent amendments; and(ii) comply with federal and state law, including rules, with regard to formatting and security requirements.(C) The dispensing directive specified in this paragraph may not be preprinted, rubber stamped, or otherwise reproduced on the prescription form.(D) A practitioner may prohibit substitution on a written prescription only by following the dispensing directive specified in this paragraph. Two-line prescription forms, check boxes, or other notations on an original prescription drug order which indicate \"substitution instructions\" are not valid methods to prohibit substitution, and a pharmacist may substitute on these types of written prescriptions.(3) Oral Prescriptions.(A) If a prescription drug order is transmitted orally, and the practitioner or practitioner's agent prohibited substitution by specifying \"brand necessary\" or \"brand medically necessary,\" a notation of any substitution instructions by the practitioner or practitioner's agent shall be made on the file copy of the prescription drug order. Such file copy may follow the one-line format indicated in subsection (b)(1) of this section, or any other format that clearly indicates the substitution instructions.(B) If the practitioner's or practitioner's agent does not clearly indicate that the brand name is medically necessary, the pharmacist may substitute a generically equivalent drug or interchangeable biological product.(C) To prohibit substitution on an oral prescription reimbursed through the medical assistance program specified in 42 C.F.R., §447.331:(i) the practitioner or the practitioner's agent shall orally indicate that the brand is medically necessary; and(ii) the practitioner shall mail or fax a written prescription to the pharmacy which complies with the dispensing directive for written prescriptions specified in paragraph (1) of this subsection within 30 days.(4) Electronic prescription drug orders.(A) To prohibit substitution, the practitioner or practitioner's agent shall clearly indicate substitution instructions in the electronic prescription drug order.(B) If the practitioner or practitioner's agent does not indicate or does not clearly indicate in the electronic prescription drug order that the brand is necessary, the pharmacist may substitute a generically equivalent drug or interchangeable biological product.(C) To prohibit substitution on an electronic prescription drug order reimbursed through the medical assistance program specified in 42 C.F.R., §447.331, the practitioner shall comply with state and federal laws.(5) Prescriptions issued by out-of-state, Mexican, Canadian, or federal facility practitioners.(A) The dispensing directive specified in this subsection does not apply to the following types of prescription drug orders:(i) prescription drug orders issued by a practitioner in a state other than Texas;(ii) prescriptions for dangerous drugs issued by a practitioner in the United Mexican States or the Dominion of Canada; or(iii) prescription drug orders issued by practitioners practicing in a federal facility provided they are acting in the scope of their employment.(B) A pharmacist may not substitute on prescription drug orders identified in subparagraph (A) of this paragraph unless the practitioner has authorized substitution on the prescription drug order. If the practitioner has not authorized substitution on the written prescription drug order, a pharmacist shall not substitute a generically equivalent drug product unless:(i) the pharmacist obtains verbal or written authorization from the practitioner (such authorization shall be noted on the original prescription drug order); or(ii) the pharmacist obtains written documentation regarding substitution requirements from the State Board of Pharmacy in the state, other than Texas, in which the prescription drug order was issued. The following is applicable concerning this documentation.(I) The documentation shall state that a pharmacist may substitute on a prescription drug order issued in such other state unless the practitioner prohibits substitution on the original prescription drug order.(II) The pharmacist shall note on the original prescription drug order the fact that documentation from such other state board of pharmacy is on file.(III) Such documentation shall be updated yearly.(d) Refills.(1) Original substitution instructions. All refills shall follow the original substitution instructions unless otherwise indicated by the practitioner or practitioner's agent.(2) Narrow therapeutic index drugs.(A) The board and the Texas Medical Board shall establish a joint committee to recommend to the board a list of narrow therapeutic index drugs and the rules, if any, by which this paragraph applies to those drugs. The committee must consist of an equal number of members from each board. The committee members shall select a member of the committee to serve as presiding officer for a one year term. The presiding officer may not represent the same board as the presiding officer's predecessor.(B) The board, on the recommendation of the joint committee, has determined that no drugs shall be included on a list of narrow therapeutic index drugs as defined in §562.014, Occupations Code.(i) The board has specified in §309.7 of this title (relating to dispensing responsibilities) that for drugs listed in the publication, pharmacist shall use as a basis for determining generic equivalency, Approved Drug Products with Therapeutic Equivalence Evaluations and current supplements published by the Federal Food and Drug Administration, within the limitations stipulated in that publication. For drugs listed in the publications, pharmacists may only substitute products that are rated therapeutically equivalent in the Approved Drug Products with Therapeutic Equivalence Evaluations and current supplements.(ii) Practitioners may prohibit substitution through a dispensing directive in compliance with subsection (c) of this section.(C) The board shall reconsider the contents of the list if:(i) the Federal Food and Drug Administration determines a new equivalence classification which indicates that certain drug products are equivalent but special notification to the patient and practitioner is required when substituting these products; or(ii) any interested person petitions the board to reconsider the list. If the board receives a petition to include a drug on the list, the joint committee specified in subparagraph (A) of this paragraph shall review the request and make a recommendation to the board.", "sourceNote": "Source Note: The provisions of this §309.3 adopted to be effective June 1, 2002, 27 TexReg 1782; amended to be effective June 12, 2005, 30 TexReg 3210; amended to be effective June 8, 2008, 33 TexReg 4311; amended to be effective September 7, 2008, 33 TexReg 7243; amended to be effective December 7, 2010, 35 TexReg 10693; amended to be effective December 6, 2015, 40 TexReg 8790; amended to be effective December 10, 2020, 45 TexReg 8866." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175037", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "309", "label": "SUBSTITUTION OF DRUG PRODUCTS" }, "rule": { "number": "§309.4", "label": "Patient Notification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197280", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Substitution notification. Before delivery of a prescription for a generically equivalent drug or interchangeable biological product as authorized by Chapter 562, Subchapter A of the Act, a pharmacist must:(1) personally, or through his or her agent or employee inform the patient or the patient's agent that a less expensive generically equivalent drug or interchangeable biological product is available for the brand prescribed; and ask the patient or the patient's agent to choose between the generically equivalent drug or interchangeable biological product and the brand prescribed.(2) A pharmacist shall offer the patient or the patient's agent the option of paying for a prescription drug at a lower price instead of paying the amount of the copayment under the patient's prescription drug insurance plan if the price of the prescribed drug is lower than the amount of the patient's copayment.(b) Exceptions. A pharmacy is not required to comply with the provisions of subsection (a) of this section:(1) in the case of the refill of a prescription for which the pharmacy previously complied with subsection (a) of this section with regard to the same patient or patient's agent; or(2) if the patient's physician or physician's agent advises the pharmacy that:(A) the physician has informed the patient or the patient's agent that a less expensive generically equivalent drug or interchangeable biological product is available for the brand prescribed; and(B) the patient or the patient's agent has chosen either the brand prescribed or the less expensive generically equivalent drug or interchangeable biological product.(c) Notification by pharmacies delivering prescriptions by mail.(1) A pharmacy that supplies a prescription by mail is considered to have complied with the provision of subsection (a) of this section if the pharmacy includes on the prescription order form completed by the patient or the patient's agent language that clearly and conspicuously:(A) states that if a less expensive generically equivalent drug or interchangeable biological product is available for the brand prescribed, the patient or the patient's agent may choose between the generically equivalent drug or interchangeable biological product and the brand prescribed; and(B) allows the patient or the patient's agent to indicate the choice of the generically equivalent drug or interchangeable biological product or the brand prescribed.(2) If the patient or patient's agent fails to indicate otherwise to a pharmacy on the prescription order form under paragraph (1) of this subsection, the pharmacy may dispense a generically equivalent drug or interchangeable biological product.(d) Inpatient notification exemption. Institutional pharmacies shall be exempt from the labeling provisions and patient notification requirements of §562.006 and §562.009 of the Act, as respects drugs distributed pursuant to medication orders.", "sourceNote": "Source Note: The provisions of this §309.4 adopted to be effective June 1, 2002, 27 TexReg 1782; amended to be effective December 4, 2005, 30 TexReg 7875; amended to be effective December 7, 2010, 35 TexReg 10693; amended to be effective December 6, 2015, 40 TexReg 8790." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197280", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "309", "label": "SUBSTITUTION OF DRUG PRODUCTS" }, "rule": { "number": "§309.5", "label": "Communication with Prescriber" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than the third business day after the date of dispensing a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate to the prescribing practitioner the specific product provided to the patient, including the name of the product and the manufacturer or national drug code number.(b) The communication must be conveyed by making an entry into an interoperable electronic medical records system or through electronic prescribing technology or a pharmacy benefit management system or a pharmacy record, which may include information submitted for the payment of claims, that a pharmacist reasonably concludes is electronically accessible by the prescribing practitioner. Otherwise, the pharmacist or the pharmacist's designee shall communicate the biological product dispensed to the prescribing practitioner, using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication is not required if:(1) there is no interchangeable biological product approved by the United States Food and Drug Administration for the product prescribed; or(2) a refill prescription is not changed from the product dispensed on the prior filling of the prescription.", "sourceNote": "Source Note: The provisions of this §309.5 adopted to be effective December 6, 2015, 40 TexReg 8790; amended to be effective December 9, 2019, 44 TexReg 7547." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187271", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "309", "label": "SUBSTITUTION OF DRUG PRODUCTS" }, "rule": { "number": "§309.6", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175040", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When the pharmacist dispenses a generically equivalent drug or interchangeable biological product pursuant to the Subchapter A, Chapter 562 of the Act, the following information shall be noted on the original prescription or in the pharmacy's data processing system:(1) any substitution instructions communicated orally to the pharmacist by the practitioner or practitioner's agent or a notation that no substitution instructions were given; and(2) the name and strength of the actual drug product dispensed shall be noted on the original or hard-copy prescription drug order. The name shall be either:(A) the brand name and strength; or(B) the generic name or the name of the interchangeable biological product, strength, and name of the manufacturer or distributor of such generic drug or interchangeable biological product. (The name of the manufacturer or distributor may be reduced to an abbreviation or initials, provided the abbreviation or initials are sufficient to identify the manufacturer or distributor. For combination drug products having no brand name, the principal active ingredients shall be indicated on the prescription.)(b) If a pharmacist refills a prescription drug order with a generically equivalent product or interchangeable biological product from a different manufacturer or distributor than previously dispensed, the pharmacist shall record on the prescription drug order the information required in subsection (a) of this section for the product dispensed on the refill.(c) If a pharmacy utilizes patient medication records for recording prescription information, the information required in subsections (a) and (b) of this section shall be recorded on the patient medication records.(d) The National Drug Code (NDC) of a drug or any other code may be indicated on the prescription drug order at the discretion of the pharmacist, but such code shall not be used in place of the requirements of subsections (a) and (b) of this section.", "sourceNote": "Source Note: The provisions of this §309.6 adopted to be effective June 1, 2002, 27 TexReg 1782; amended to be effective December 6, 2015, 40 TexReg 8790; amended to be effective January 4, 2018, 42 TexReg 7710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175040", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "309", "label": "SUBSTITUTION OF DRUG PRODUCTS" }, "rule": { "number": "§309.7", "label": "Dispensing Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175041", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The determination of the drug product to be substituted as authorized by the Subchapter A, Chapter 562 of the Act, is the professional responsibility of the pharmacist, and the pharmacist may not dispense any product that does not meet the requirements of the Subchapter A, Chapter 562 of the Act.(b) Pharmacists shall use as a basis for the determination of generic equivalency or interchangeability as defined in the Subchapter A, Chapter 562 of the Act, most recent edition or supplement of the United States Food and Drug Administration's references (e.g., the Orange Book or Purple Book).(c) Pharmacists. For drugs not listed in the Orange Book, pharmacists shall use their professional judgment to determine generic equivalency.(d) Pharmacists shall use Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations (Purple Book) and current supplements published by the Federal Food and Drug Administration, within the limitations stipulated in that publication, to determine biosimilarity to or interchangeability with a reference biological product.", "sourceNote": "Source Note: The provisions of this §309.7 adopted to be effective June 1, 2002, 27 TexReg 1782; amended to be effective June 12, 2005, 30 TexReg 3210; amended to be effective December 6, 2015, 40 TexReg 8790." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175041", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "309", "label": "SUBSTITUTION OF DRUG PRODUCTS" }, "rule": { "number": "§309.8", "label": "Advertising of Generic Drugs by Pharmacies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150949", "queryAsDate": "03/11/2026" }, "ruleBody": "Prescription drug advertising comparing generic drugs or biological products and brand name drugs or biological products is subject to the §554.054 of the Act and in compliance with federal law.", "sourceNote": "Source Note: The provisions of this §309.8 adopted to be effective June 1, 2002, 27 TexReg 1782; amended to be effective December 6, 2015, 40 TexReg 8790." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150949", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "311", "label": "CODE OF CONDUCT" }, "rule": { "number": "§311.1", "label": "Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26482", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints alleging violations of the Board Code of Conduct by a board employee shall be submitted in writing to the executive director. If a board member is notified of a complaint against an employee, the board member shall direct the complainant to file a written complaint with the executive director. Complaints filed against a peace officer employee must comply with §614.023 of the Government Code (relating to Copy of Complaint to be Given to Officer or Employee).(b) The executive director shall notify the employee's supervisor that a complaint has been filed against the employee. The supervisor shall provide the employee with written notice that a complaint has been filed, which contains the date the complaint was filed and a description of the complaint. An anonymous complaint or a complaint filed by e-mail will not be considered a valid complaint for the purposes of this section.(c) In order for a complaint concerning violations of the Code of Conduct to be considered valid, such complaint shall contain the following information:(1) the date the complaint is filed;(2) the date the violation occurred;(3) the complainant's name, address, and telephone number;(4) the name of the board employee;(5) detailed description of the alleged violation;(6) any written documentation or name of witnesses to the alleged violation; and(7) the signature of the complainant.(d) The executive director shall acknowledge receipt of the complaint in writing to the complainant. Such acknowledgment may include a request for additional information concerning the complaint or questions about the occurrence or statements.(e) In reviewing the complaint, the executive director may contact the complainant if necessary and shall conduct a personal interview with the employee and give the employee ample opportunity to present evidence to support his or her explanation of the circumstances surrounding the complaint. The employee shall have the right to submit any relevant records, materials, comments, and documents to the executive director for review. Additionally, the employee has the right to review all documents and records involving the complaint. The employee may request the executive director to allow the board's legal counsel to advise the employee of his or her rights.(f) Upon completing the review of the complaint and relevant statements or documents, the executive director shall render a decision concerning the complaint within 10 days and provide written notification of the decision to the employee, and his or her supervisor within five days of rendering the decision. The executive director shall notify the complainant of the disposition of the complaint. If the disposition of the complaint affects the employee's employment status, the employee has the right to exercise the board's grievance procedure.(g) Complaints alleging violations of the Board Code of Conduct by the executive director shall be directed to the president of the board. The procedures set out in this section shall be followed in disposing of such complaints; provided, however, that for the purposes of this subsection, where the term \"executive director\" appears in the procedures set out in this section, the term \"president of the board\" shall be substituted therefor.", "sourceNote": "Source Note: The provisions of this §311.1 adopted to be effective April 23, 1982, 7 TexReg 1481; amended to be effective September 8, 2002, 27 TexReg 8243; amended to be effective December 3, 2006, 31 TexReg 9612; amended to be effective March 10, 2011, 36 TexReg 1559." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26482", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "311", "label": "CODE OF CONDUCT" }, "rule": { "number": "§311.2", "label": "Procedures Regarding Complaints Filed against Board Members" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176697", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following procedures are applicable with regard to complaints against a board member, if the complaint alleges violations of the laws and rules governing the practice of pharmacy.(1) The complaint shall be reviewed by the executive director, who may refer the complaint to the appropriate board staff for handling, or if deemed necessary, the executive director may refer the complaint to another agency.(2) If the complaint is investigated and the investigation produces evidence of a violation of the laws or rules regarding the practice of pharmacy, the board staff shall determine if the complaint merits the institution of disciplinary action. This decision shall be made in consultation with one board member who shall be a pharmacist, but who shall not be the subject of the complaint; the board member shall be the president of the board, unless such person is unable to serve because he or she does not meet the criteria of this paragraph or for some other valid reason. If the president is unable to serve, the order of succession shall be vice-president, then treasurer. If none of the pharmacist officers are able to serve, then the board president or designee shall designate another pharmacist board member to serve.(b) If after consultation with the board member described in subsection (a)(2) of this section, the determination is made that the complaint merits the institution of disciplinary action, the following is applicable.(1) The complaint shall be directed to the assistant attorney general assigned to the board. The Office of the Attorney General should then assign an assistant attorney general to prosecute the complaint in accordance with board rules.(2) The board's legal counsel shall act as a liaison between the board's staff and the attorney general's office. The board's legal counsel shall ensure that the board's staff provides any information or assistance requested by the attorney general's office.(3) The board member shall be sent a preliminary notice letter and offered the opportunity to attend an informal conference for the purpose of settling the matter through an informal conference.(c) If the board member accepts the opportunity to attend an informal conference, the conference participants shall be as follows:(1) the assistant attorney general assigned to the case, who shall conduct the informal conference;(2) the board member who is the subject of the complaint and/or his or her legal counsel;(3) board staff, as necessary or required; and(4) one board member, who shall be the same person who was initially consulted about the complaint, as described in subsection (a)(2) of this section, provided, however, if that board member is unable to serve for some valid reason, the board member that shall attend the informal conference shall be a pharmacist, but who shall not be the subject of the complaint; the board member designated to attend the informal conference shall be the president of the board, unless such person is unable to serve because he or she does not meet the criteria of this paragraph or for some other valid reason. If the president is unable to serve, the order of succession shall be vice-president, then treasurer. If none of the pharmacist officers are able to serve, then the board president or designee shall designate another pharmacist board member to attend the informal conference.(d) The case shall proceed to hearing, if the board member who is the subject of the complaint waives his or her right to attend an informal conference, or if after an informal conference is conducted, the case is not dismissed or the board member does not accept the recommendation for settlement.(e) If the case proceeds to hearing, the following procedures are applicable:(1) the assistant attorney general assigned to the case shall prosecute the hearing with the hearings officer presiding;(2) the hearings officer shall then draft an officer's report which discusses the evidence and contains proposed findings of fact and conclusions of law. The hearings officer shall, as authorized by law, recommend a sanction if he or she determines one is necessary; and(3) at the next scheduled board meeting, after the hearing officer has issued a proposal and all parties have accepted and replied, the following is applicable.(A) The board, absent the board member who is the subject of the complaint, shall vote to:(i) accept or reject each proposed finding of fact and conclusion of law; and(ii) accept or reject the recommended sanction, if applicable.(B) If the board rejects the recommended sanction, the board shall then vote on the sanction they deem appropriate.(C) If the board determines that additional evidence is needed, they can vote to remand the case for further hearing, as provided by law.(f) For the purposes of this section, a board member is defined as any individual who is serving on the board on the date of the receipt of the complaint, or any individual who has previously served on the board, if the complaint is filed within two years from the date the board member's official duties ended.", "sourceNote": "Source Note: The provisions of this §311.2 adopted to be effective October 21, 1992, 17 TexReg 6896." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176697", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.1", "label": "Definitions - Effective September 1, 2016" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195580", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms in this section, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) TCSA--The Texas Controlled Substances Act (Texas Health and Safety Code, Chapter 481).(2) Advanced practice registered nurse--A registered nurse licensed by the Texas Board of Nursing to practice as an advanced practice registered nurse on the basis of completion of an advanced educational program. The term includes a nurse practitioner, nurse midwife, nurse anesthetist, and clinical nurse specialist. The term is synonymous with \"advanced nurse practitioner\" and \"advanced practice nurse.\"(3) Day--A calendar day unless the context clearly indicates a business day.(4) Drug Enforcement Administration (DEA)--The Federal Drug Enforcement Administration.(5) Electronic transmission--The transmission of information in electronic form such as computer to computer, electronic device to computer, e-mail, or the transmission of the exact visual image of a document by way of electronic media.(6) Emergency situation--A situation described in the Code of Federal Regulations, Title 21, §1306.11(d).(7) Individual practitioner--A physician, dentist, veterinarian, optometrist, podiatrist, or other individual licensed, registered, or otherwise permitted to dispense a controlled substance in the course of professional practice, but does not include a pharmacist, a pharmacy, or an institutional practitioner.(8) Institutional practitioner--A hospital or other person (other than an individual practitioner) licensed, registered, or otherwise permitted to dispense a controlled substance in the course of professional practice, but does not include a pharmacy.(9) Locum tenen--An individual practitioner who practices in a temporary position in this state and licensed by the appropriate Texas state licensing board.(10) Long-term care facility (LTCF)--An establishment licensed as such by the Texas Department of Aging and Disability Services.(11) NDC #--A National Drug Code number.(12) Physician assistant--An individual licensed as such by the Texas Physician Assistant Board.(13) Record--A notification, order form, statement, invoice, prescription, inventory information, or other document for the acquisition or disposal of a controlled substance, precursor, or apparatus in any manner by a registrant or permit holder under a record keeping or inventory requirement of federal law, the TCSA, or this chapter.(14) Reportable prescription--A prescription for a controlled substance:(A) listed in Schedule II through V; and(B) not excluded from this chapter by a rule adopted under the TCSA, §481.0761(b).(15) Temporary controlled substances registration (TCSR)--A controlled substances registration issued to a locum tenen or a health practitioner for a period of time not to exceed 90 days.", "sourceNote": "Source Note: The provisions of this §315.1 adopted to be effective March 10, 2016, 41 TexReg 1690." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195580&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195580", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.2", "label": "Official Prescription Form" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205224", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A practitioner may order official prescription forms from the board only if the practitioner is registered by the DEA to prescribe a Schedule II controlled substance.(b) The board is the sole source for the official prescription forms.(c) This subsection applies only to an institutional practitioner who is employed by a hospital or other training institution. An institutional practitioner authorized by a hospital or institution to prescribe a Schedule II controlled substance under the DEA registration of the hospital or institution may order official prescription forms under this section if:(1) the practitioner prescribes a controlled substance in the usual course of the practitioner's training, teaching program, or employment at the hospital or institution;(2) the appropriate state health regulatory agency has assigned an institutional permit or similar number to the practitioner; and(3) the hospital or institution:(A) maintains a current list of each institutional practitioner and each assigned institutional permit number; and(B) makes the list available to another registrant or a member of a state health regulatory or law enforcement agency for the purpose of verifying the authority of the practitioner to prescribe the substance.(d) An advanced practice registered nurse or physician assistant operating under a prescriptive authority agreement pursuant to Texas Occupations Code, Chapter 157 may order official prescription forms under this section if authority to prescribe has been delegated by a physician. Upon withdrawal of the delegating physician's authority such forms are void and must be returned to the board.", "sourceNote": "Source Note: The provisions of this §315.2 adopted to be effective March 10, 2016, 41 TexReg 1690; amended to be effective June 20, 2019, 44 TexReg 2957." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205224", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.3", "label": "Prescriptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176700", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Schedule II Prescriptions.(1) Except as provided by subsection (e) of this section, a practitioner, as defined in §481.002(39)(A) of the TCSA, must issue a written prescription for a Schedule II controlled substance only on an official Texas prescription form or through an electronic prescription that meets all requirements of the TCSA. This subsection also applies to a prescription issued in an emergency situation.(2) A practitioner who issues a written prescription for any quantity of a Schedule II controlled substance must complete an official prescription form.(3) Except as provided by subsection (f) of this section, a practitioner may issue multiple written prescriptions authorizing a patient to receive up to a 90-day supply of a Schedule II controlled substance provided:(A) each prescription is issued for a legitimate medical purpose by a practitioner acting in the usual course of professional practice;(B) the practitioner provides written instructions on each prescription, other than the first prescription if the practitioner intends for that prescription to be filled immediately, indicating the earliest date on which a pharmacy may dispense each prescription; and(C) the practitioner concludes that providing the patient with multiple prescriptions in this manner does not create an undue risk of diversion or abuse.(4) A schedule II prescription must be dispensed no later than 30 days after the date of issuance or, if the prescription is part of a multiple set of prescriptions, issued on the same day, no later than 30 days after the earliest date on which a pharmacy may dispense the prescription as indicated on each prescription.(5) A person dispensing a Schedule II controlled substance prescription shall provide written notice on the safe disposal of controlled substance prescription drugs that includes information on locations at which Schedule II controlled substance prescription drugs are accepted for safe disposal. In lieu of listing those locations, the notice may alternatively provide the address of an Internet website specified by the board that provides a searchable database of locations at which Schedule II controlled substance prescription drugs are accepted for safe disposal. The written notice may be provided to the patient in an electronic format, such as by e-mail, if the patient or patient's agent requests the notice in an electronic format and the request is documented. Such written notice is not required if:(A) the Schedule II controlled substance prescription drug is dispensed at a pharmacy or other location that:(i) is authorized to take back those drugs for safe disposal; and(ii) regularly accepts those drugs for safe disposal; or(B) the dispenser provides to the person to whom the Schedule II controlled substance prescription drug is dispensed, at the time of dispensation and at no cost to the person:(i) a mail-in pouch for surrendering unused controlled substance prescription drugs; or(ii) chemicals to render any unused drugs unusable or non-retrievable.(b) Schedules III through V Prescriptions.(1) A practitioner, as defined in §§481.002(39)(A), (C), (D) of the TCSA, may use prescription forms and order forms through individual sources. A practitioner may issue, or allow to be issued by a person under the practitioner's direction or supervision, a Schedule III through V controlled substance on a prescription form for a valid medical purpose and in the course of medical practice.(2) Except as provided in subsection (f) of this section, Schedule III through V prescriptions may be refilled up to five times within six months after date of issuance.(c) Electronic prescribing.(1) A practitioner is permitted to issue and to dispense an electronic controlled substance prescription only in accordance with the requirements of the Code of Federal Regulations, Title 21, Part 1311.(2) Effective January 1, 2021, a prescription for a controlled substance is not required to be issued electronically and may be issued in writing if the prescription is issued:(A) in circumstances in which electronic prescribing is not available due to temporary technological or electronic failure;(B) by a practitioner to be dispensed by a pharmacy located outside this state; or(C) in any other circumstance described in §481.0755(a) of the TCSA.(3) A prescriber may apply for a waiver from the electronic prescribing requirement by:(A) submitting a waiver request form to the agency that issued the license, certification, or registration to the prescriber, including any information requested on the form; and(B) demonstrating circumstances necessitating a waiver from the requirement, including:(i) economic hardship, as determined by the agency that issued the license, registration, or certification to the prescriber on a prescriber/by prescriber basis, taking into account factors including:(I) any special situational factors affecting either the cost of compliance or ability to comply;(II) the likely impact of compliance on profitability or viability; and(III) the availability of measures that would mitigate the economic impact of compliance;(ii) technological limitations not reasonably within the control of the prescriber; or(iii) other exceptional circumstances demonstrated by the prescriber.(C) A waiver may be issued to a prescriber for a period of one year as specified in Chapter 481 of the Texas Controlled Substances Act. A prescriber may reapply for a subsequent waiver not earlier than the 30th day before the date the waiver expires if the circumstances that necessitated the waiver continue.(d) Controlled substance prescriptions may not be postdated.(e) Advanced practice registered nurses or physician assistants may only use the official prescription forms issued with their name, address, phone number, and DEA numbers, and the delegating physician's name and DEA number.(f) Opioids for the treatment of acute pain.(1) For the treatment of acute pain, as defined in §481.07636 of the TCSA, a practitioner may not:(A) issue a prescription for an opioid in an amount that exceeds a 10-day supply; or(B) provide for a refill of the opioid prescription.(2) Paragraph (1) of this subsection does not apply to a prescription for an opioid approved by the U.S. Food and Drug Administration for the treatment of substance addiction that is issued by a practitioner for the treatment of substance addiction.(3) A dispenser is not subject to criminal, civil, or administrative penalties for dispensing or refusing to dispense a controlled substance under a prescription that exceed the limits provided by paragraph (1) of this subsection.", "sourceNote": "Source Note: The provisions of this §315.3 adopted to be effective March 10, 2016, 41 TexReg 1690; amended to be effective June 11, 2017, 42 TexReg 2931; amended to be effective December 9, 2019, 44 TexReg 7547; amended to be effective March 5, 2020, 45 TexReg 1434; amended to be effective December 10, 2020, 45 TexReg 8866; amended to be effective June 9, 2021, 46 TexReg 3521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176700&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176700", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.4", "label": "Exceptions to Use of Form - Effective September 1, 2016" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205225", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An official prescription form is not required for a medication order written for a patient who is admitted to a hospital at the time the medication order is written and dispensed.(1) A practitioner may dispense or cause to be dispensed a Schedule II controlled substance to a patient who:(A) is admitted to the hospital; and(B) will require an emergency quantity of a controlled substance upon release from the hospital.(2) Under paragraph (1) of this subsection, the controlled substance:(A) may only be dispensed in a properly labeled container; and(B) may not be more than a seven-day supply or the minimum amount needed for proper treatment of the patient until the patient can obtain access to a pharmacy, whichever is less.(b) Subsection (a) of this section applies to a patient who is admitted to a hospital, including a patient:(1) admitted to:(A) a general hospital, special hospital, licensed ambulatory surgical center, surgical suite in a dental school, or veterinary medical school; or(B) a hospital clinic or emergency room, if the clinic or emergency room is under the control, direction, and administration as an integral part of a general or special hospital;(2) receiving treatment with a Schedule II controlled substance from a member of a Life Flight or similar medical team or an emergency medical ambulance crew or a paramedic-emergency medical technician operating as an extension of an emergency room of a general or special hospital; or(3) receiving treatment with a Schedule II controlled substance while the patient is an inmate incarcerated in a correctional facility operated by the Texas Department of Criminal Justice or a correctional facility operating in accordance with the Health Services Plan adopted by the Texas Commission on Jail Standards.(c) Subsection (a) of this section applies to an animal admitted to an animal hospital, including an animal that is a permanent resident of a zoo, wildlife park, exotic game ranch, wildlife management program, or state or federal research facility.(d) An official prescription form is not required in a long-term care facility (LTCF) if:(1) an individual administers the substance to an inpatient from the facility's medical emergency kit;(2) the individual administering the substance is an authorized practitioner or an agent acting under the practitioner's order; and(3) the facility maintains the proper records as required for an emergency medical kit in an LTCF.(e) An official prescription form is not required when a therapeutic optometrist administers a topical ocular pharmaceutical agent in compliance with:(1) the Texas Optometry Act; and(2) a rule adopted by the Texas Optometry Board under the authority of the Texas Optometry Act.", "sourceNote": "Source Note: The provisions of this §315.4 adopted to be effective March 10, 2016, 41 TexReg 1690." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205225", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.5", "label": "Pharmacy Responsibility - Generally" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receipt of a properly completed prescription form, a dispensing pharmacist must:(1) if the prescription is for a Schedule II controlled substance, ensure the date the prescription is presented is not later than 30 days after the date of issuance;(2) if multiple prescriptions are issued by the prescribing practitioner allowing up to a 90-day supply of Schedule II controlled substances, ensure each prescription is neither dispensed prior to the earliest date intended by the practitioner nor dispensed beyond 30 days from the earliest date the prescription may be dispensed;(3) record the date dispensed and the pharmacy prescription number;(4) indicate whether the pharmacy dispensed to the patient a quantity less than the quantity prescribed; and(5) if issued on an official prescription form, record the following information, if different from the prescribing practitioner's information:(A) the brand name or, if none, the generic name of the controlled substance dispensed; or(B) the strength, quantity, and dosage form of the Schedule II controlled substance used to prepare the mixture or compound.(b) The prescription presented for dispensing is void, and a new prescription is required, if:(1) the prescription is for a Schedule II controlled substance, 30 days after issuance, or 30 days after any earliest dispense date; or(2) the prescription is for a Schedule III, IV, or V controlled substance, more than six months after issuance or has been dispensed five times during the six months after issuance.", "sourceNote": "Source Note: The provisions of this §315.5 adopted to be effective March 10, 2016, 41 TexReg 1690; amended to be effective June 9, 2021, 46 TexReg 3521." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212963", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.6", "label": "Pharmacy Responsibility - Electronic Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176703", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than the next business day after the date a controlled substance prescription is dispensed, a pharmacy must electronically submit to the board any data elements indicated as required by the board's Data Submission Guide for Dispensers.(b) A pharmacy must electronically correct dispensing data submitted to the board within seven business days of identifying an omission, error, or inaccuracy in previously submitted dispensing data.(c) If a pharmacy does not dispense any controlled substance prescriptions, the pharmacy must electronically submit to the board a zero report indicating that no controlled substances were dispensed every seven days. If the pharmacy subsequently begins dispensing controlled substances, the pharmacy must begin reporting as specified in subsection (a) of this section.(d) A pharmacy that does not dispense controlled substances may request a waiver of the zero reporting requirements by submitting a waiver request form and providing any information requested on the form. If the pharmacy subsequently begins dispensing controlled substances, the waiver is no longer valid, and the pharmacy must begin reporting as specified in subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §315.6 adopted to be effective March 10, 2016, 41 TexReg 1690; amended to be effective December 6, 2018, 43 TexReg 7787; amended to be effective December 9, 2019, 44 TexReg 7548; amended to be effective March 7, 2023, 48 TexReg 1297." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176703", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.7", "label": "Pharmacy Responsibility - Oral, Telephonic, or Emergency Prescription - Effective September 1, 2016" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176704", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a pharmacy dispenses a controlled substance pursuant to an orally or telephonically communicated prescription from a practitioner or the practitioner's designated agent, the prescription must be promptly reduced to writing, including the information required:(1) by law for a standard prescription; and(2) by law and this subchapter for an official prescription, if issued for a Schedule II controlled substance in an emergency situation.(b) After dispensing a Schedule II controlled substance pursuant to an orally or telephonically communicated prescription, the dispensing pharmacy must:(1) maintain the written record created under subsection (a) of this section;(2) note the emergency nature of the prescription;(3) upon receipt from the practitioner, attach the original official prescription to the orally or telephonically communicated prescription; and(4) retain both documents in the pharmacy records.(c) A pharmacy that dispenses Schedule III, IV, or V controlled substances pursuant to an orally or telephonically communicated prescription must inform the prescribing practitioner in the event of an emergency refill of the prescription.(d) All records generated under this section must be maintained for two years from the date the substance was dispensed.", "sourceNote": "Source Note: The provisions of this §315.7 adopted to be effective March 10, 2016, 41 TexReg 1690." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176704", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.8", "label": "Pharmacy Responsibility - Modification of Prescription - Effective September 1, 2016" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216979", "queryAsDate": "03/11/2026" }, "ruleBody": "The pharmacy is responsible for documenting the following information regarding a modified prescription:(1) date the change or adding of information was authorized;(2) information that was authorized to be added or changed;(3) name of the prescribing practitioner granting the authorization; and(4) initials or identification code of the pharmacist.", "sourceNote": "Source Note: The provisions of this §315.8 adopted to be effective March 10, 2016, 41 TexReg 1690." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216979", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.9", "label": "Pharmacy Responsibility - Out-of-State Practitioner" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176706&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176706", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Schedule II controlled substance prescription issued by a practitioner in another state may be dispensed if:(1) the practitioner is authorized by the other state to prescribe the substance;(2) the pharmacy has a plan approved by and on file with the board allowing the activity; and(3) the pharmacy processes and submits the prescription according to the reporting requirements approved in the plan.(b) The pharmacy may dispense a prescription for a Schedule III through V controlled substance issued by a practitioner in another state if the practitioner is authorized by the other state to prescribe the substance.", "sourceNote": "Source Note: The provisions of this §315.9 adopted to be effective March 10, 2016, 41 TexReg 1690; amended to be effective March 7, 2024, 49 TexReg 1475." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176706&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176706", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.10", "label": "Return of Unused Official Prescription Form - Effective September 1, 2016" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197283", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An unused official prescription form is invalid and the practitioner or another person acting on behalf of the practitioner must return the unused form to the board with an appropriate explanation not later than the 30th day after the date:(1) the practitioner's license to practice, DEA number is canceled, revoked, suspended, denied, or surrendered or amended to exclude the handling of all Schedule II controlled substances; or(2) the practitioner is deceased.(b) An individual who is an institutional practitioner must return an unused official prescription form to the administrator of the hospital or other training institution upon completion or termination of the individual's training at the hospital or institution. The administrator must return an unused official prescription form to the board not later than the 30th day after the date the individual completes or terminates all training programs.(c) No individual may continue to use an official prescription form issued under an institutional practitioner's DEA number or similar number after the individual has been properly and individually licensed as a practitioner by the appropriate state health regulatory agency.", "sourceNote": "Source Note: The provisions of this §315.10 adopted to be effective March 10, 2016, 41 TexReg 1690." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197283", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.11", "label": "Release of Prescription Data" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194418", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person listed under §481.076(a) of the TCSA must show proper need for the information when requesting the release of prescription data. The showing of proper need is ongoing.(b) A pharmacist may delegate access to prescription data to a pharmacist-intern, pharmacy technician, or pharmacy technician trainee, as defined by Texas Occupations Code, §551.003, employed at the pharmacy and acting under the direction of the pharmacist.(c) A practitioner may delegate access to prescription data to an employee or other agent of the practitioner and acting at the direction of the practitioner.", "sourceNote": "Source Note: The provisions of this §315.11 adopted to be effective March 10, 2016, 41 TexReg 1690; amended to be effective December 9, 2019, 44 TexReg 7548." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194418", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.12", "label": "Schedule III through V Prescription Forms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225224", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A practitioner, as defined in the TCSA, §481.002(39)(A), (C), and (D), may use prescription forms ordered through individual sources or through an electronic prescription that includes the controlled substances registration number issued by the United States Drug Enforcement Administration and meets all requirements of the TCSA.(b) If a written prescription form is to be used to prescribe a controlled substance the dispensing practitioner must be registered with the DEA under both state and federal law to prescribe controlled substances.", "sourceNote": "Source Note: The provisions of this §315.12 adopted to be effective March 10, 2016, 41 TexReg 1690; amended to be effective March 12, 2019, 44 TexReg 1345." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225224", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.13", "label": "Official Prescription Form" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176710", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Accountability. A practitioner who obtains from the board an official prescription form is accountable for each numbered form.(b) Prohibited acts. A practitioner may not:(1) allow another practitioner to use the individual practitioner's official prescription form;(2) pre-sign an official prescription blank;(3) post-date an official prescription; or(4) leave an official prescription blank in a location where the practitioner should reasonably believe another could steal or misuse a prescription.(c) While not in use. While an official prescription blank is not in immediate use, a practitioner may not maintain or store the book at a location so the book is easily accessible for theft or other misuse.(d) Voided. A practitioner must account for each voided official prescription form by sending the voided form to the board.(e) Types of forms. Forms may be single or multiple copy forms as provided by the board.", "sourceNote": "Source Note: The provisions of this §315.13 adopted to be\r\neffective March 10, 2016, 41 TexReg 1690; amended to be effective\r\nMay 28, 2025, 50 TexReg 3128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176710", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.14", "label": "Official Prescription - Effective September 1, 2016" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204179", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Report lost forms. Not later than close of business on the day of discovery, a practitioner must report a lost or stolen official prescription form to:(1) the local police department or sheriff's office in an effective manner; and(2) the board.(b) Recovery report. Not later than close of business on the day of recovery of an official prescription form previously reported lost or stolen, a practitioner must, before using the recovered form, notify:(1) the local law enforcement agency to which the matter was originally reported; and(2) the board.(c) Replacement/lost form. Not later than the close of business on the day that an official prescription is replaced or reported lost, with or without a replacement, the prescribing practitioner, or designated agent, shall report to the board the following:(1) patient name, address, date of birth or age;(2) all drug information; and(3) official prescription form control number.", "sourceNote": "Source Note: The provisions of this §315.14 adopted to be effective March 10, 2016, 41 TexReg 1690." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204179", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.15", "label": "Access Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198498", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective March 1, 2020, a pharmacist before dispensing an outpatient prescription for an opioid, benzodiazepine, barbiturate, or carisoprodol for a patient shall consult the Texas Prescription Monitoring Program (PMP) database to review the patient's controlled substance history. The dispensing pharmacist of an outpatient prescription shall be responsible for the review of the PMP database prior to dispensing the prescription, unless the pharmacy has designated another pharmacist whose identity has been recorded in the pharmacy's data processing system as responsible for PMP review.(b) The duty to consult the PMP database as described in subsection (a) of this section does not apply in the following circumstances:(1) the prescribing individual practitioner is a veterinarian;(2) it is clearly noted in the prescription record that the patient has a diagnosis of cancer or sickle cell disease or is in hospice care; or(3) the pharmacist is unable to access the PMP after making and documenting a good faith effort to do so.(c) If a pharmacist uses pharmacy management systems that integrate data from the PMP, a review of the pharmacy management system with the integrated data shall be deemed compliant with the review of the PMP database as required under §481.0764(a) of the Texas Health and Safety Code and in subsection (a) of this section.(d) Pharmacists and pharmacy technicians acting at the direction of a pharmacist may only access information contained in the PMP as authorized in §481.076 of the Texas Controlled Substances Act. A person who is authorized to access the PMP may only do so utilizing that person's assigned identifier (i.e., login and password) and may not use the assigned identifier of another person. Unauthorized access of PMP information is a violation of Texas Controlled Substances Act, the Texas Pharmacy Act, and board rules.", "sourceNote": "Source Note: The provisions of this §315.15 adopted to be effective December 6, 2018, 43 TexReg 7788; amended to be effective June 20, 2019, 44 TexReg 2957; amended to be effective December 9, 2019, 44 TexReg 7548; amended to be effective March 14, 2021, 46 TexReg 1641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198498", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "15", "label": "TEXAS STATE BOARD OF PHARMACY" }, "chapter": { "number": "315", "label": "CONTROLLED SUBSTANCES" }, "rule": { "number": "§315.16", "label": "Patient Access to Prescription Monitoring Program Prescription Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155044", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A patient, the patient's parent or legal guardian if the patient is a minor, or the patient's legal guardian if the patient is an incapacitated person as defined by §1002.017(2) of the Estates Code, may obtain a copy of the patient's prescription record, including a list of persons who have accessed that record, as authorized in §481.076(a)(9) of the Texas Controlled Substances Act, by submitting the following to the board:(1) a completed, notarized patient data request form, including any information or supporting documentation requested on the form;(2) a copy of the requestor's driver's license or other state photo identity card issued by the state's Department of Motor Vehicles;(3) if requesting as a parent or legal guardian of the patient, a copy of the patient's birth certificate or the order of guardianship over the patient; and(4) a $50 fee.(b) The board shall deliver the requested records to the requestor via certified mail to the address listed on the requestor's driver's license or other state photo identity card issued by the state's Department of Motor Vehicles. If the requestor does not have a mailbox at the listed address, the board shall deliver the records to the requestor at the listed address via a trackable delivery service and the requestor shall be responsible for the cost.", "sourceNote": "Source Note: The provisions of this §315.16 adopted to be effective June 1, 2020, 45 TexReg 1435." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155044", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "321", "label": "DEFINITIONS" }, "rule": { "number": "§321.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226418", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words, terms, and phrases, when used in the rules of the Texas Board of Physical Therapy Examiners, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited curriculum in physical therapy education--A body of courses in a physical therapy program at a school, college, or university which has satisfied the accreditation standards of the Commission on Accreditation for Physical Therapy Education.(2) Accredited physical therapist assistant program--A body of courses at a school, college, or university which has satisfied the accreditation standards of the Commission on Accreditation for Physical Therapy Education.(3) Asymptomatic--Without obvious signs or symptoms of disease.(4) Board-approved organization or entity--an organization or entity to which the board has formally delegated a role in the licensure, regulation or enforcement functions of the Physical Therapy Practice Act and board rules.(5) Endorsement--The process by which the board issues a license to a person currently licensed in another state, the District of Columbia, or territory of the United States that maintains professional standards considered by the board to be substantially equivalent to those set forth in the Act.(6) Emergency circumstances--Instances where emergency medical care is called for, including first aid.(7) Emergency medical care--Bona fide emergency services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.(8) Evaluation--A dynamic process in which the physical therapist makes clinical judgments based on data gathered during the examination.(9) Evidence satisfactory to the board--Should all official school records be destroyed, sworn affidavits satisfactory to the board must be received from three persons having personal knowledge of the applicant's physical therapy education. These affidavits will not be used when official school records are available.(10) Examination--A comprehensive screening and specific testing process leading to diagnostic classification or, as appropriate, to a referral to another practitioner. The examination has three components: the patient/client history, the systems review, and tests and measures.(11) Foreign-trained applicant--Any applicant whose entry-level professional physical therapy education was obtained at a physical therapy program outside the U.S., its territories, or the District of Columbia.(12) Hearing--An adjudicative proceeding concerning the issuance, denial, suspension, reprimand, revocation of license, after which the legal rights of an applicant or licensee are to be determined by the board.(13) Jurisprudence exam--An open-book examination made up of multiple-choice and/or true/false questions covering information contained in the Texas Physical Therapy Practice Act and Board rules.(14) On-site supervision--The physical therapist or physical therapist assistant is on the premises and readily available to respond.(15) Physical therapy--The evaluation, examination, and utilization of exercises, rehabilitative procedures, massage, manipulations, and physical agents including, but not limited to, mechanical devices, heat, cold, air, light, water, electricity, and sound in the aid of diagnosis or treatment. Physical therapists may perform evaluations without referrals. Physical therapy practice includes the use of modalities, procedures, and tests to make evaluations. Physical therapy practice includes, but is not limited to the use of: Electromyographic (EMG) Tests, Nerve Conduction Velocity (NCV) Tests, Thermography, Transcutaneous Electrical Nerve Stimulation (TENS), bed traction, application of topical medication to open wounds, sharp debridement, provision of soft goods, inhibitive casting and splinting, Phonophoresis, Iontophoresis, and biofeedback services.(16) Supervision--The delegation and continuing direction by a person or persons responsible for the practice of physical therapist, physical therapist assistant, or physical therapy aide as specified in the Physical Therapy Practice Act.", "sourceNote": "Source Note: The provisions of this §321.1 adopted to be effective March 1, 1986, 11 TexReg 719; amended to be effective September 28, 1988, 13 TexReg 4575; amended to be effective December 12, 1989, 14 TexReg 6277; amended to be effective January 7, 1992, 16 TexReg 7644; amended to be effective January 12, 1993, 18 TexReg 63; amended to be effective November 11, 1993, 18 TexReg 7545; amended to be effective November 6, 1995, 20 TexReg 8793; amended to be effective May 8, 1996, 21 TexReg 3794; amended to be effective July 9, 1996, 21 TexReg 6078; amended to be effective April 28, 1997, 22 TexReg 3588; amended to be effective October 6, 1998, 23 TexReg 9978; amended to be effective April 15, 1999, 24TexReg 2935; amended to be effective May 14, 2000, 25 TexReg 4351; amended to be effective November 16, 2000, 25 TexReg 11285; amended to be effective August 15, 2001, 26 TexReg 6020; amended to be effective September 18, 2006, 31 TexReg 7997; amended to be effective February 13, 2012, 37 TexReg 689." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226418", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "322", "label": "PRACTICE" }, "rule": { "number": "§322.1", "label": "Provision of Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151320", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initiation of physical therapy services.(1) Referral requirement. Except as authorized by paragraph (2) of this subsection, a physical therapist is subject to discipline from the board for providing physical therapy treatment without a referral from a qualified healthcare practitioner licensed by the appropriate licensing board, who within the scope of the professional licensure is authorized to prescribe treatment of individuals. The list of qualifying referral sources includes physicians, dentists, chiropractors, podiatrists, physician assistants, and advanced nurse practitioners.(2) Exceptions to referral requirement.(A) A PT may evaluate without referral.(B) A PT may provide instructions to any person who is asymptomatic relating to the instructions being given without a referral, including instruction to promote health, wellness, and fitness. (C) Emergency Circumstances. A PT may provide emergency medical care to a person after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity without referral if the absence of immediate medical attention could reasonably be expected to result in a serious threat to the patient's health, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.(D) A PT may treat a patient for an injury or condition without a referral for not more than 30 consecutive calendar days if the PT: (i) has been licensed to practice physical therapy for at least one year; (ii) is covered by professional liability insurance in the minimum amount of $100,000 per claim and $300,000 aggregate per year; and (iii) either: (I) possesses a doctoral degree in physical therapy from: (-a-) a program that is accredited by the Commission on Accreditation in Physical Therapy Education; or (-b-) an institution that is accredited by an agency or association recognized by the United States secretary of education; or (II) has completed at least 30 CCUs in the area of differential diagnosis.(E) A PT must obtain a referral from a qualified healthcare practitioner before continuation of treatment that exceeds that which is authorized in subparagraph (D) of this paragraph. (F) A PT who treats a patient without a referral under subparagraph (D) of this paragraph must obtain a signed disclosure on a form prescribed by the board prior to the initiation of treatment. The disclosure form will be made available on the board's website. (3) Methods of referral. A referral may be transmitted by a qualifying referral source in the following ways:(A) in a written document, including faxed and emailed documents; or(B) verbally, in person or by telephone. If a referral is transmitted verbally, whether in person or by telephone, it must be received, recorded and signed by the PT, PTA or other authorized personnel, and include all of the information that would appear on a written referral.(b) Evaluation and screening.(1) Evaluation. Physical therapy treatment may not be provided prior to the completion of an evaluation of the patient's condition by a PT.(2) PTAs may screen patients designated by a PT as possible candidates for physical therapy services. Screening entails the collection of uniform information from all patients screened using a predetermined, standardized format. The information collected is delivered to the supervising PT. Only a PT may determine whether further intervention for patients screened is necessary.(c) Physical therapy plan of care development and implementation. (1) The PT must develop a written plan of care, based on his evaluation, for each patient.(2) Treatment may not be provided by a PTA or aide until the plan of care has been established.(3) The plan of care must be reviewed and updated as necessary following a reevaluation of the patient's condition.(4) The plan of care or treatment goals may only be changed or modified by a PT.(5) A PTA may modify treatment techniques as indicated in the plan of care.(6) A PT or PTA must interact with the patient regarding his/her condition, progress and/or achievement of goals during each treatment session.(d) Reevaluation.(1) Provision of physical therapy treatment by a PTA or an aide may not continue if the PT has not performed a reevaluation:(A) at a minimum of once every 60 days after treatment is initiated, or at a higher frequency as established by the PT; and(B) In response to a change in the patient's medical status that affects physical therapy treatment, when a change in the physical therapy plan of care is needed, or prior to any planned discharge. (2) A reevaluation must include:(A) Direct physical therapist-to-patient interaction; and(B) A review of the plan of care with appropriate continuation, revision, or termination of treatment.(e) Documentation of treatment.(1) At a minimum, documentation of physical therapy services must include the following:(A) any referral authorizing treatment;(B) the initial examination and evaluation;(C) the plan of care;(D) documentation of each treatment session by the PT or PTA providing the services;(E) reevaluations as required by this section;(F) any conferences between the PT and PTA, as described in this section; and(G) the discharge summary.(2) The PTA must include the name of the supervising PT in his documentation of each treatment session.(3) Physical therapy aides may not write or sign any physical therapy documents in the permanent record. However, a physical therapy aide may enter quantitative data for tasks delegated by the supervising PT or PTA.(4) Discharge Summary. The PT must provide final documentation for discharge of a patient, including patient response to treatment at the time of discharge and any necessary follow-up plan. A PTA may participate in the discharge summary by providing subjective and objective patient information to the supervising physical therapist.", "sourceNote": "Source Note: The provisions of this §322.1 adopted\r\nto be effective April 15, 1999, 24 TexReg 2935; amended to be effective\r\nNovember 19, 2001, 26 TexReg 9382; amended to be effective September\r\n18, 2006, 31 TexReg 7998; amended to be effective February 18, 2008,\r\n33 TexReg 1335; amended to be effective April 4, 2011, 36 TexReg 2124;\r\namended to be effective March 1, 2015, 40 TexReg 704; amended to be\r\neffective September 4, 2016, 41 TexReg 6497; amended to be effective\r\nNovember 1, 2019, 44 TexReg 6369; amended to be effective November\r\n1, 2021, 46 TexReg 7213; amended to be effective November 1, 2025, 50\r\nTexReg 7014." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151320", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "322", "label": "PRACTICE" }, "rule": { "number": "§322.2", "label": "Role Delineation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "126392", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The role of the PT.(1) The PT holds primary responsibility for physical therapy care rendered under his supervision.(2) The PT's professional responsibilities include, but are not limited to:(A) Performance and documentation of the initial physical therapy examination and evaluation of the patient;(B) Interpretation of the practitioner's referral;(C) Development and documentation of a plan of care;(D) Implementation of, or directing implementation of, the plan of care;(E) Delegation of tasks to appropriate personnel;(F) Direction and supervision of the PTA and physical therapy aide;(G) Completion and accuracy of the patient's physical therapy record;(H) Performance and documentation of the reexamination and reevaluation of the patient as described in this section; and when necessary, modification of the plan of care;(I) Discharge of a patient or discontinuation of treatment;(J) Development of any follow-up plan for the patient; and(K) Collaboration with members of the health care team when appropriate.(3) The PT shall not implement any plan of care that, in his judgment, is contraindicated.(b) The role of the PTA.(1) A PTA may provide physical therapy services only under the supervision of a PT (See §322.3 of this title (relating to Supervision)).(2) A PTA may be assigned responsibilities by a supervising PT to:(A) screen patients designated by a PT as possible candidates for physical therapy services (See §322.1(b) of this title (relating to Evaluation and screening));(B) provide physical therapy services as specified in the physical therapy plan of care (See §322.1(c) of this title (relating to Physical therapy plan of care development and implementation)) which may include but are not limited to:(i) preparing patients, treatment areas, and equipment;(ii) implementing treatment programs that include therapeutic exercises; gait training and techniques; ADL training techniques; administration of therapeutic heat and cold; administration of ultrasound; administration of therapeutic electric current; administration of ultraviolet; application of traction; performance of intermittent venous compression; application of external bandages, dressings, and support; performance of goniometric measurement;(iii) modifying treatment techniques as indicated in the plan of care;(C) respond to acute changes in physiological state;(D) teach other health care providers, patients, and families to perform selected treatment procedures and functional activities; and(E) identify architectural barriers and report them to the PT.(3) The PTA may not:(A) specify and/or perform definitive (decisive, conclusive, final) evaluative and assessment procedures;(B) alter a plan of care or goals;(C) recommend wheelchairs, orthoses, prostheses, other assistive devices, or alterations to architectural barriers to persons;(D) sign progress notes which design or modify the plan of care.(c) The role of the physical therapy aide.(1) All rules governing the services provided by a PTA are further modified for the physical therapy aide.(2) A physical therapy aide may be assigned responsibilities by the supervising PT or PTA to provide services as specified in the physical therapy plan of care within the scope of on-the-job training with supervision by a PT or PTA who is on the premises and readily available to respond in person.(3) A physical therapy aide may not:(A) perform any evaluative or assessment activities;(B) initiate physical therapy treatment, to include exercise instruction; or(C) write or sign physical therapy documents in the permanent record, except as provided for in §322.1(e) of this title (relating to Documentation of treatment).", "sourceNote": "Source Note: The provisions of this §322.2 adopted to be effective April 15, 1999, 24 TexReg 2935; amended to be effective December 29, 2002, 27 TexReg 12214; amended to be effective April 4, 2011, 36 TexReg 2126." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126392&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "126392", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "322", "label": "PRACTICE" }, "rule": { "number": "§322.3", "label": "Supervision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the responsibility of each PT and/or PTA to determine the number of PTAs and/or aides he or she can supervise safely.(b) Supervision of PTAs.(1) A supervising PT is responsible for and will participate in the patient's care.(2) A supervising PT must be on call and readily available when physical therapy services are being provided.(3) A PT may assign responsibilities to a PTA to provide physical therapy services, based on the PTA's training, that are within the scope of activities listed in §322.1, Provision of Services.(4) The supervising PT must hold documented conferences with the PTA regarding the patient. The PT is responsible for determining the frequency of the conferences consistent with accepted standards of practice.(c) Supervision of physical therapy aides.(1) A supervising PT or PTA is responsible for the supervision of, and the physical therapy services provided by, the PT aide.(2) A PT or PTA must provide onsite supervision of a physical therapy aide, and remain within reasonable proximity during the aide's interaction with the patient.", "sourceNote": "Source Note: The provisions of this §322.3 adopted to be effective April 15, 1999, 24 TexReg 2935; amended to be effective May 14, 2000, 25 TexReg 4352; amended to be effective September 18, 2006, 31 TexReg 7999." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212485", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "322", "label": "PRACTICE" }, "rule": { "number": "§322.4", "label": "Practicing in a Manner Detrimental to the Public Health and Welfare" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226419", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may deny a license to or discipline an applicant/respondent who is found to be practicing in a manner detrimental to the public health and welfare.(b) Practicing in a manner detrimental to the public health and welfare may include, but is not limited to, the following:(1) failing to document physical therapy services, inaccurately recording, falsifying, or altering patient/client records;(2) obtaining or attempting to obtain or deliver medications through means of misrepresentation, fraud, forgery, deception, and/or subterfuge;(3) failing to supervise and maintain the supervision of supportive personnel, licensed or unlicensed, in compliance with the Act and rule requirements;(4) aiding, abetting, authorizing, condoning, or allowing the practice of physical therapy by any person not licensed to practice physical therapy;(5) permitting another person to use an individual's physical therapist's or physical therapist assistant's license for any purpose;(6) failing to cooperate with the agency by not responding to agency correspondence addressed to the license holder's official address within 90 days, by not furnishing papers or documents requested or by not responding to subpoenas issued by the agency;(7) failing to complete the requirements of an agreed order;(8) interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts before the agency or the board, or by the use of threats or harassment against any patient/client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;(9) engaging in sexual contact with a patient/client as the result of the patient/client relationship;(10) practicing or having practiced with an expired temporary or permanent license;(11) failing to conform to the minimal standards of acceptable prevailing practice, regardless of whether or not actual injury to any person was sustained, including, but not limited to:(A) failing to assess and evaluate a patient's/client's status;(B) performing or attempting to perform techniques or procedures or both in which the physical therapist or physical therapist assistant is untrained by education or experience;(C) delegating physical therapy functions or responsibilities to an individual lacking the ability or knowledge to perform the function or responsibility in question; or(D) causing, permitting, or allowing physical or emotional injury or impairment of dignity or safety to the patient/client;(12) intentionally or knowingly offering to pay or agreeing to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, or corporation for receiving or soliciting patients or patronage, regardless of source of reimbursement, unless said business arrangement or payments practice is acceptable under 42 United States Code §1320a-7b(b) or its regulations;(13) advertising in a manner which is false, misleading, or deceptive;(14) knowingly falsifying and/or forging a referring practitioner's referral for physical therapy;(15) failing to notify the board of any conduct by another licensee which reasonably appears to be a violation of the Practice Act and rules, or aids or causes another person, directly or indirectly, to violate the Practice Act or rules of the board;(16) abandoning or neglecting a patient under current care without making reasonable arrangements for the continuation of such care;(17) failing to maintain the confidentiality of all verbal, written, electronic, augmentative, and nonverbal communication, including compliance with HIPAA regulations; and(18) violating the rules of the Physical Therapy Licensure Compact if holding a Compact privilege to practice in Texas.", "sourceNote": "Source Note: The provisions of this §322.4 adopted to be effective April 15, 1999, 24 TexReg 2935; amended to be effective June 7, 2009, 34 TexReg 3515; amended to be effective April 4, 2011, 36 TexReg 2127; amended to be effective May 17, 2015, 40 TexReg 2666; amended to be effective March 1, 2018, 43 TexReg 775; amended to be effective September 1, 2019, 44 TexReg 4184; amended to be effective March 1, 2023, 48 TexReg 892." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226419", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "322", "label": "PRACTICE" }, "rule": { "number": "§322.5", "label": "Telehealth" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "82658", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When used in the rules of the Texas Board of Physical Therapy Examiners, telehealth is the use of telecommunications or information technology to provide physical therapy services to a patient who is physically located at a site in Texas other than the site where the physical therapist or physical therapist assistant is located, whether or not in Texas.(b) Physical therapy telehealth services must be provided by a physical therapist or physical therapist assistant under the supervision of the physical therapist who possesses a current:(1) unrestricted Texas license; or(2) Compact Privilege to practice in Texas.(c) The provision of physical therapy services via telehealth requires synchronous audiovisual or audio interaction between the physical therapist or physical therapist assistant and the patient/client, which may be accompanied by the use of asynchronous store and forward technology.(d) Standard of Care. A physical therapist or physical therapist assistant that provides telehealth services:(1) is subject to the same standard of care that would apply to the provision of the same physical therapy service in an in-person setting; and(2) the physical therapist is responsible for determining whether an evaluation or intervention may be conducted via telehealth or must be conducted in an in-person setting.(e) Informed Consent. A physical therapist that provides telehealth services must obtain and maintain the informed consent of the patient, or of another individual authorized to make health care treatment decisions for the patient, prior to the provision of telehealth services.(1) The informed consent must include the patient's consent to: (A) treatment; (B) data collection; and (C) data sharing. (2) Consent documentation is acceptable either in written format or verbally. (A) Informed consent obtained verbally must be documented in the patient's medical record and must include the date that the verbal consent is given. (B) If the informed consent is provided by a responsible party of the patient, the name and relationship to the patient must be included.(3) The informed consent must be retained as part of the patient's medical record.(f) Confidentiality. A physical therapist or physical therapist assistant that provides telehealth services must ensure that the privacy and confidentiality of the patient's medical information is maintained during and following the provision of telehealth services, including compliance with HIPAA regulations and other federal and state law.(g) The failure of a physical therapist or physical therapist assistant to comply with this section shall constitute detrimental practice and could subject the licensee to disciplinary action by the Board.(h) Provision of telehealth services by a physical therapist assistant must occur under the supervision of the physical therapist in accordance with rule §322.3 of this title (relating to Supervision).(i) Telehealth is a mode for providing one-on-one physical therapy services to a patient/client and is not a means for supervision of physical therapy aides.", "sourceNote": "Source Note: The provisions of this §322.5 adopted to be\r\neffective November 11, 2018, 43 TexReg 7353; amended to be effective\r\nMarch 1, 2020, 45 TexReg 899; amended to be effective November 1,\r\n2025, 50 TexReg 7014." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=82658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "82658", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "323", "label": "POWERS AND DUTIES OF THE BOARD" }, "rule": { "number": "§323.1", "label": "Types of Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11611", "queryAsDate": "03/11/2026" }, "ruleBody": "It is the duty of the board to evaluate the qualifications of applicants for licensure and to examine applicants through the national examinations selected by the board to measure those qualifications. The passing score on the National Physical Therapy Examination for physical therapists and physical therapist assistants shall be set by the board. In addition, the board shall examine applicants to determine successful completion of the jurisprudence examination covering the Physical Therapy Practice Act and board rules.", "sourceNote": "Source Note: The provisions of this §323.1 adopted to be effective March 1, 1986, 11 TexReg 721; amended to be effective December 30, 1987, 12 TexReg 4682; amended to be effective November 16, 2000, 25 TexReg 11285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11611", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "323", "label": "POWERS AND DUTIES OF THE BOARD" }, "rule": { "number": "§323.2", "label": "Investigation Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints must be made to the Investigation Committee or to the executive director.(b) The complaint will be forwarded to the chairman of the Investigation Committee.(c) If the Investigation Committee determines that a violation of the Act has not occurred, the complainant will be so notified and the case closed.(d) If the Investigation Committee determines a violation of the Act has occurred, it will:(1) seek legal recourse as provided for in the Act, §18; or(2) notify the person being complained about of the complaint, specifying the sections of the Act which are alleged to have been violated, and schedule an informal conference with the individual.(e) If the complaint is not resolved through the informal conference, the Investigation Committee will present it to the board.(f) The board will conduct a formal hearing as provided for in the Act, §20. Members of the Investigation Committee shall not participate or vote at the hearing.", "sourceNote": "Source Note: The provisions of this §323.2 adopted to be effective March 1, 1986, 11 TexReg 721; amended to be effective December 12, 1989, 14 TexReg 6277." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175042", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "323", "label": "POWERS AND DUTIES OF THE BOARD" }, "rule": { "number": "§323.3", "label": "Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181022", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may adopt rules consistent with the Physical Therapy Practice Act to carry out its duties in administering the Act.(b) Continuing competence. The board may adopt rules relating to the approval of continuing competence activities. The board may establish reasonable and necessary fees for the administration of the approval of continuing competence activities.(c) Petition for adoption of rule changes.(1) In accordance with Texas Government Code, §2001.021, an interested person may request for the adoption, amendment, or repeal of a rule of the board by submitting a written petition to the board. In this section, \"interested person\" has the meaning as defined in Texas Government Code, §2001.021. The petition must contain:(A) the name and contact information of the interested person or persons andaffiliation or organization, if any;(B) a description of the proposed rule change or amendment and the reason for it;(C) the section numbers and titles of the rule(s) affected if applicable;(D) the proposed rule change with an indication of language added and/or deleted.(E) a statement of:(i) the statutory authority under which the rule is to be adopted; and(ii) the public benefits anticipated as a result of adopting the rule or theanticipated injury or inequity that could result from the failure to adopt the proposed rule.(F) the signature(s) of the requesting person or persons and date of signature(s).(2) The board shall evaluate the merits of the proposal.(3) In accordance with the Texas Government Code, §2001.021, the presiding officer or the board's designee shall acknowledge receipt of the petition to the person designated to receive communication regarding the petition.(4) Not later than the 60th day after the date of submission of a petition under this section, the board shall:(A) deny the petition in writing, stating its reasons for denial; or(B) initiate a rulemaking proceeding under this chapter.(5) If the board initiates rulemaking procedures in response to a petition, the rule text which the board proposes may differ from the rule text proposed by the petitioner.(6) Initial petitions for the adoption of a rule shall be presented to and decided by the Board in accordance with the provisions of this section. The Board may refuse to consider any subsequent petition from the same interested person for the adoption of the same or a similar rule submitted within twelve months after the date of the Board's rejection of the initial petition.", "sourceNote": "Source Note: The provisions of this §323.3 adopted to be effective January 4, 1989, 13 TexReg 6332; amended to be effective December 12, 1989, 14 TexReg 6277; amended to be effective October 5, 1992, 17 TexReg 6550; amended to be effective July 21, 2010, 35 TexReg 6285; amended to be effective January 1, 2016, 40 TexReg 8791." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181022", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "323", "label": "POWERS AND DUTIES OF THE BOARD" }, "rule": { "number": "§323.4", "label": "Request for Proposals for Outsourced Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187604", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall conduct a request for proposals (RFP) and bid process for all outsourced services, including the issuance of agreements or memorandums of understanding with other entities, no less than once every four years beginning September 1, 2017. The board may also request RFPs at any time by an action of the board.(b) The board shall develop specific guidelines for each RFP and shall review the RFP as part of the biennual review.(c) The board shall review all outsourced services on a biennual basis.(d) An entity entering into an agreement with the board shall provide access to financial information as required by the RFP.", "sourceNote": "Source Note: The provisions of this §323.4 adopted to be effective November 27, 2016, 41 TexReg 9136." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187604", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "323", "label": "POWERS AND DUTIES OF THE BOARD" }, "rule": { "number": "§323.5", "label": "Negotiated Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187605", "queryAsDate": "03/11/2026" }, "ruleBody": "It is the policy of the board to engage in negotiated rulemaking procedures consistent with Texas Government Code, Chapter 2008, when appropriate.", "sourceNote": "Source Note: The provisions of this §323.5 adopted to be effective March 1, 2018, 43 TexReg 775." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187605&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187605", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "323", "label": "POWERS AND DUTIES OF THE BOARD" }, "rule": { "number": "§323.6", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187606", "queryAsDate": "03/11/2026" }, "ruleBody": "It is the policy of the board to use alternative dispute resolution where appropriate consistent with Texas Government Code Chapter 2009 and any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.", "sourceNote": "Source Note: The provisions of this §323.6 adopted to be effective March 1, 2018, 43 TexReg 775." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187606&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187606", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "325", "label": "ORGANIZATION OF THE BOARD" }, "rule": { "number": "§325.1", "label": "Elections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "1798", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The governor shall designate a member of the board as the presiding officer of the board.(b) Elections of officers shall be held at the second board meeting after new members are appointed.(c) Officers will assume duties at the next board meeting following election.(d) Vacancies of offices other than the presiding officer shall be filled by election at the next board meeting following the vacancy.", "sourceNote": "Source Note: The provisions of this §325.1 adopted to be effective March 1, 1986, 11 TexReg 721; amended to be effective August 15, 2001, 26 TexReg 6020; amended to be effective May 26, 2014, 39 TexReg 3986; amended to be effective March 1, 2018, 43 TexReg 775." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1798&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "1798", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "325", "label": "ORGANIZATION OF THE BOARD" }, "rule": { "number": "§325.3", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11614", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall meet at least semi-annually.", "sourceNote": "Source Note: The provisions of this §325.3 adopted to be effective March 1, 1986, 11 TexReg 721." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11614&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11614", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "325", "label": "ORGANIZATION OF THE BOARD" }, "rule": { "number": "§325.4", "label": "Rules of Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11615", "queryAsDate": "03/11/2026" }, "ruleBody": "Board meetings shall be conducted in accordance with Roberts Rules of Order, newly revised.", "sourceNote": "Source Note: The provisions of this §325.4 adopted to be effective March 1, 1986, 11 TexReg 721." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11615", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "325", "label": "ORGANIZATION OF THE BOARD" }, "rule": { "number": "§325.5", "label": "Chairman" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=15164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "15164", "queryAsDate": "03/11/2026" }, "ruleBody": "The chairman shall be the executive officer and preside at all meetings of the board. The chairman shall appoint committees as the board may authorize and shall perform all duties usually pertaining to the office and permitted by this Act.", "sourceNote": "Source Note: The provisions of this §325.5 adopted to be effective March 1, 1986, 11 TexReg 721." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=15164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "15164", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "325", "label": "ORGANIZATION OF THE BOARD" }, "rule": { "number": "§325.6", "label": "Chairman Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187607", "queryAsDate": "03/11/2026" }, "ruleBody": "In the absence of the chairman, the vice-chairman will fulfill the duties of the chairman.", "sourceNote": "Source Note: The provisions of this §325.6 adopted to be effective March 1, 1986, 11 TexReg 721." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187607&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187607", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "325", "label": "ORGANIZATION OF THE BOARD" }, "rule": { "number": "§325.7", "label": "Board Member Terms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "1799", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the board serve staggered six-year terms expiring in January of an odd-numbered year, or as appointed by the governor.(b) If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired part of the term.(c) A member's absence from a regularly scheduled board meeting that the member is eligible to attend may be excused by a majority vote of the board.", "sourceNote": "Source Note: The provisions of this §325.7 adopted to be effective July 12, 1996, 21 TexReg 6078; amended to be effective November 16, 2000, 25 TexReg 11285; amended to be effective March 1, 2018, 43 TexReg 776." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1799&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "1799", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "327", "label": "COMPENSATION" }, "rule": { "number": "§327.1", "label": "Per Diem Calculated" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226424", "queryAsDate": "03/11/2026" }, "ruleBody": "Per diem shall be on a daily basis or any portion thereof portal to portal.", "sourceNote": "Source Note: The provisions of this §327.1 adopted to be effective March 1, 1986, 11 TexReg 721." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226424", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "329", "label": "LICENSING PROCEDURE" }, "rule": { "number": "§329.1", "label": "General Licensure Requirements and Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187608", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements. All applications for licensure shall include: (1) a completed board application form with a recent color photograph of the applicant; (2) the non-refundable application fee as set by the executive council; the application fee of applicants who are active U.S. military service members, military spouses, or military veterans will be waived upon submission of official documentation of the active duty, military spouse, or veteran status of the applicant. (3) a successfully completed board jurisprudence exam on the Texas Physical Therapy Practice Act and board rules;(4) documentation of academic qualifications:(A) For applicants who completed their physical therapy education at an accredited PT or PTA program as defined in §321.1(1) and §321.1(2) of this title, the documentation required is:(i) a transcript sent directly to the board from the degree-granting institution;(I) the transcript must show at least active enrollment in the final semester for applicants by exam;(II) the transcript must show date degree was conferred for applicants by endorsement; and(ii) a statement submitted by the program director or other authorized school official stating that the applicant has successfully completed the PT or PTA program for applicants by exam.(B) for applicants who completed their physical therapy education outside of the U.S., the documentation required is set out in §329.5 of this title (relating to Licensing Procedures for Foreign-Trained Applicants);(C) for applicants who are active U.S. military service members or veterans, any military service, training or education verified and credited by an accredited PT or PTA program is acceptable to the board; and(5) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting.(b) Licensure by examination. If an applicant has not passed the national licensure exam, the applicant must also meet the requirements in §329.2 of this title (relating to License by Examination).(c) Licensure by endorsement. If the applicant is licensed as a PT or PTA in another state or jurisdiction of the U.S., the applicant must also meet the requirements as stated in §329.6 of this title (relating to Licensure by Endorsement).(d) Application expiration. An application for licensure is valid for one year after the date it is received by the board.(e) False information. An applicant who submits an application containing false information may be denied licensure by the board.(f) Rejection. Should the board reject an application for licensure, the reasons for the rejection will be stated. The applicant may submit additional information and request reconsideration by the board. If the applicant remains dissatisfied, a hearing may be requested as specified in the Act, §453.352.(g) Changes to licensee information.(1) Applicants and licensees must notify the board in writing of changes in home, mailing, or business addresses and phone numbers and email addresses within 30 days of the change.(2) A request for name change must be submitted on a form prescribed by the board with the appropriate fee and a copy of legal documentation enacting the name change.(h) Replacement copy of license. The board will issue a copy of a license to replace one lost or destroyed upon receipt of a written request and the appropriate fee from the licensee. The board will issue a new original license after a name change upon receipt of a written request, the appropriate fee, and a copy of the legal document enacting the name change.(i) A new licensee may provide physical therapy services upon online verification of licensure. The Board will maintain a secure resource for verification of license status and expiration date on its website.", "sourceNote": "Source Note: The provisions of this §329.1 adopted to be\r\neffective November 16, 2000, 25 TexReg 11286; amended to be effective\r\nOctober 13, 2002, 27 TexReg 9326; amended to be effective November\r\n30, 2003, 28 TexReg 10505; amended to be effective May 27, 2012, 37\r\nTexReg 3831; amended to be effective February 11, 2014, 39 TexReg\r\n649; amended to be effective August 17, 2014, 39 TexReg 6049; amended\r\nto be effective January 1, 2016, 40 TexReg 8791; amended to be effective\r\nJanuary 1, 2019, 43 TexReg 7353; amended to be effective September\r\n1, 2021, 46 TexReg 4853; amended to be effective November 2, 2023,\r\n48 TexReg 6355; amended to be effective November 1, 2025, 50 TexReg 7014." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187608", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "329", "label": "LICENSING PROCEDURE" }, "rule": { "number": "§329.2", "label": "Licensure by Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207746", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements. An applicant applying for licensure by examination must:(1) meet the requirements as stated in §329.1 of this title (relating to General Licensure Requirements and Procedures);(2) register to take the National Physical Therapy Exam (NPTE) and select Texas as the jurisdiction for which the applicant will be testing in order to have the first score report sent to this state; and(3) pass the NPTE for physical therapists or physical therapist assistants with the score approved by the board. Score reports must be sent directly to the board by the authorized score reporting service.(b) Re-examination.(1) An applicant who fails the exam is eligible to take the examination again if all eligibility requirements as set in policy by the Federation of State Boards of Physical Therapy (FSBPT) are met.(2) An applicant can take the exam a maximum of six (6) times.(3) An applicant who receives two (2) very low scores on the exam (scale scores 400 or below) will not be eligible to test again.(4) An applicant who has taken the exam six (6) times or received two (2) very low scores may appeal for one (1) additional attempt through the Board for reasons as set in policy by FSBPT.(5) An applicant can take the exam for PTs six (6) times and also take the exam for PTAs six (6) times if otherwise eligible to do so.(c) Failure of PT exam. An applicant who fails the physical therapy examination may apply for licensure as a PTA and take the physical therapist assistant examination if he meets all other requirements for licensure.(d) Exam Accommodations.(1) Reasonable testing accommodations for an exam candidate with a disability or challenge that is covered by the Americans with Disabilities Act will be provided for candidates who submit the appropriate documentation through the FSBPT.(2) Accommodations must be requested at the time of registration for the NPTE.(e) NPTE Security and Copyright.(1) An applicant for a license must agree to comply with the security and copyright provision of the NPTE.(2) The board will report any known violation of the security or copyright provision or a compromise or attempted compromise of the provision to the FSBPT.", "sourceNote": "Source Note: The provisions of this §329.2 adopted to be effective November 16, 2000, 25 TexReg 11286; amended to be effective August 15, 2001, 26 TexReg 6021; amended to be effective September 18, 2006, 31 TexReg 8000; amended to be effective September 17, 2009, 34 TexReg 6332; amended to be effective October 9, 2011, 36 TexReg 6768; amended to be effective October 4, 2012, 37 TexReg 7751; amended to be effective May 23, 2013, 38 TexReg 3000; amended to be effective January 1, 2016, 40 TexReg 2667; amended to be effective May 23, 2016, 41 TexReg 3695; amended to be effective January 1, 2017, 41 TexReg 9709; amended to be effective March 1, 2018, 43 TexReg 776." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207746", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "329", "label": "LICENSING PROCEDURE" }, "rule": { "number": "§329.3", "label": "Temporary Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218035", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For examination candidates.(1) Requirements.(A) meet all requirements as stated in §329.1 of this title (relating to General Licensure Requirements and Procedures);(B) register for the national physical therapy examination;(C) submit temporary licensee and supervisor affidavits as provided by the board; and(D) submit fees for temporary licensure as set by the executive council.(2) Eligibility.(A) The board will issue a temporary license to work in Texas to an applicant who is taking the exam for the first time.(B) An applicant who has received a license from another state is not eligible for temporary licensure.(C) A candidate who has taken and failed the physical therapist examination is not eligible for temporary licensure as a physical therapist assistant.(3) Duration.(A) The temporary license is valid until issuance of the permanent license or until the last day of the third month after the month the license is issued, whichever occurs first.(B) The coordinator may extend the temporary license for no more than 30 days to offset an unreasonable delay in reporting the examination results to the applicant.(4) Failure of examination. If the applicant fails the exam, the temporary license is void and must be returned to the board when the notification of the failure is received.(b) For restoration of license by means of Supervised Clinical Practice (SCP).(1) Requirements.(A) meet all requirements as stated in §341.6(d)(1)(A) - (D) (relating to License Restoration);(B) submit temporary license and supervisor affidavits as provided by the board; and(C) submit fees for temporary licensure as set by the executive council.(2) Duration.(A) The temporary license is valid for the duration of the SCP as designated by the board;(B) If the applicant fails to complete the SCP in the designated timeframe, the temporary license is void and must be returned to the board.(c) Supervision requirements. An applicant with a temporary PT license must have on-site supervision by a physical therapist with a permanent license to practice in Texas when providing physical therapy services. An applicant with a temporary PTA license must have on-site supervision by a physical therapist with a permanent license to practice in Texas when providing physical therapy services.(d) A new temporary licensee may provide physical therapy services upon online verification of licensure. The Board will maintain a secure resource for verification of license status and expiration date on its website.", "sourceNote": "Source Note: The provisions of this §329.3 adopted to be effective November 16, 2000, 25 TexReg 11286; amended to be effective September 17, 2009, 34 TexReg 6333; amended to be effective May 26, 2014, 39 TexReg 3987; amended to be effective March 1, 2015, 40 TexReg 704; amended to be effective March 1, 2022, 47 TexReg 529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218035", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "329", "label": "LICENSING PROCEDURE" }, "rule": { "number": "§329.5", "label": "Licensing Procedures for Foreign-Trained Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215386", "queryAsDate": "03/11/2026" }, "ruleBody": "A foreign-trained applicant must complete the license application process as set out in §329.1 of this title (relating to General Licensure Requirements and Procedures). In addition, the applicant must submit the following:(1) An evaluation of professional education and training prepared by a board-approved credentialing entity. The board will maintain a list of approved credentialing entities on the agency website.(A) The evaluation must:(i) be based on a Course Work Tool (CWT) adopted by the Federation of State Boards of Physical Therapy:(I) Applicants by examination must be evaluated using the most current version of the CWT.(II) Applicants by endorsement must be evaluated using the version of the CWT appropriate to the year the applicant graduated from the foreign physical therapy program or a more current version.(ii) provide evidence and documentation that the applicant's education is substantially equivalent to the education of a physical therapist who graduated from a physical therapy education program accredited by the Commission on Accreditation in Physical Therapy Education (CAPTE); and(iii) establish that the institution at which the applicant received his physical therapy education is recognized by the Ministry of Education or the equivalent agency in that country.(iv) Acopy of an evaluation used as a requirement for licensure by another jurisdiction that has the authority to issue a license within that jurisdiction and sent directly to the board by the jurisdiction will be accepted for an applicant by endorsement if:(I) documents required for credentialing are no longer available from the institution at which the applicant received their physical therapy education; or(II) there is an undue delay in receiving an evaluation from the credentialer beyond the applicant's control.(B) If the credentialing entity determines that the physical therapy education is not substantially equivalent, the applicant is responsible for remedying those deficiencies. The applicant may use college credit obtained through applicable College Level Examination Placement (CLEP) or other college advanced placement exams to remedy any deficiencies in general education.(C) An evaluation prepared by a board-approved credentialer reflects only the findings and conclusions of the credentialer, and shall not be binding on the board.(D) If the applicant received an entry-level physical therapy degree from a CAPTE-accredited program located outside the U.S., the program is considered equivalent to a domestic CAPTE-accredited physical therapy program, and the applicant is exempt from meeting the requirements of a CWT.(2) Proof of English language proficiency. A foreign-trained applicant by examination must demonstrate the ability to communicate in English by making the minimum score accepted by the board on the Test of English as a Foreign Language (TOEFL) administered by the Educational Testing Service (ETS).(A) This requirement is waived for graduates of entry-level physical therapy programs in Australia, Canada (except Quebec), Ireland, New Zealand, and the United Kingdom.(B) Minimum acceptable TOEFL iBT (internet-based test) scores are as follows: Reading = 22, Writing = 22, Speaking = 24, and Listening = 21.(C) The board may grant an exception to the English language proficiency requirements under the following conditions:(i) the applicant holds a current license in physical therapy in a country listed in subparagraph (A) of this paragraph and has been licensed and practicing in that country for at least 5 years prior to application; or(ii) the applicant submits satisfactory proof that he/she is a citizen or lawful permanent resident of the U.S. or a current U.S. H-1B visa holder, and(I) has attended four or more years of secondary or post-secondary education in the U.S. or(II) has completed a post-professional physical therapy degree in English from a country listed in subparagraph (A) of this paragraph.", "sourceNote": "Source Note: The provisions of this §329.5 adopted to be effective November 11, 1993, 18 TexReg 7546; amended to be effective October 26, 1994, 19 TexReg 8112; amended to be effective January 3, 1995, 19 TexReg 10099; amended to be effective April 12, 1995, 20 TexReg 2385; amended to be effective November 6, 1995, 20 TexReg 8794; amended to be effective May 8, 1996, 21 TexReg 3709; amended to be effective July 12, 1996, 21 TexReg 6079; amended to be effective April 28, 1997, 22 TexReg 3589; amended to be effective October 29, 1997, 22 TexReg 10508; amended to be effective April 19, 1999, 24 TexReg 2936; amended to be effective October 21, 1999, 24 TexReg8977; amended to be effective February 18, 2001, 26 TexReg 1338; amended to be effective August 15, 2001, 26 TexReg 6021; amended to be effective October 13, 2002, 27 TexReg 9327; amended to be effective March 29, 2004, 29 TexReg 3175; amended to be effective March 15, 2006, 31 TexReg 1299; amended to be effective September 18, 2006, 31 TexReg 8000; amended to be effective May 30, 2007, 32 TexReg 2862; amended to be effective May 6, 2008, 33 TexReg 3643; amended to be effective December 14, 2009, 34 TexReg 8967; amended to be effective April 4, 2011, 36 TexReg 2127; amended to be effective May 27, 2012, 37 TexReg 3831; amended to be effective November 1, 2020, 45 TexReg 7587; amended to be effective May 15, 2024, 49 TexReg 3285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215386", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "329", "label": "LICENSING PROCEDURE" }, "rule": { "number": "§329.6", "label": "Licensure by Endorsement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226425", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligibility. The board may issue a license by endorsement to an applicant currently licensed in another state, District of Columbia, or territory of the United States, if they have not previously held a permanent license issued by this board.(b) Requirements. An applicant seeking licensure by endorsement must:(1) meet the requirements as stated in §329.1 of this title (relating to General Licensure Requirements and Procedures);(2) provide a score report for the National Physical Therapy Examination sent directly to the board by the board-approved reporting service, or scores on the Registry Examination sent directly to the board by the American Physical Therapy Association. The score reported must have satisfied requirements for licensure in a state at the time the applicant took the exam; and(3) provide verification of license from every jurisdiction in which the applicant has held or still holds a license, sent directly to the board by the issuing jurisdiction. The board may accept web-based verification in place of verification sent by another jurisdiction if the board is satisfied that the applicant's license(s) is/are valid.(c) Licensure of a Military Service Member, Military Veteran, or Military Spouse. The board will waive the application fee and will expedite the issuance of a license by endorsement to a military service member, military veteran, or spouse of a military service member. The applicant must provide official documentation of active duty status or veteran status or the active duty status of the spouse.(1) A military service member or military spouse may qualify to practice in this state under the exemption described in §329.7(b)(5) Exemptions from Licensure if the military service member or military service member to whom a military spouse is married is stationed at a military installation in this state.(2) A military service member, military spouse or veteran may qualify to practice in this state under a Compact privilege as described in CHAPTER 348. PHYSICAL THERAPY LICENSURE COMPACT.(d) Provisional licensure. The board may grant a provisional license to an applicant who is applying for licensure by endorsement if there is a delay in the submission of required documents outside the applicant's control. The applicant must submit the provisional license fee as set by the executive council. The board may not grant a provisional license to an applicant with disciplinary action in their licensure history. The provisional license is valid for 180 days, or until a permanent license is issued or denied, whichever is first.", "sourceNote": "Source Note: The provisions of this §329.6 adopted to be effective November 16, 2000, 25 TexReg 11286; amended to be effective December 29, 2002, 27 TexReg 12214; amended to be effective March 9, 2009, 34 TexReg 1605; amended to be effective March 14, 2010, 35 TexReg 2015; amended to be effective April 4, 2011, 36 TexReg 2128; amended to be effective February 11, 2014, 39 TexReg 649; amended to be effective March 1, 2015, 40 TexReg 705; amended to be effective January 1, 2016, 40 TexReg 8791; amended to be effective November 1, 2019, 44 TexReg 6372; amended to be effective November 2, 2023, 48 TexReg 6355." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226425", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "329", "label": "LICENSING PROCEDURE" }, "rule": { "number": "§329.7", "label": "Exemptions from Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161890", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following categories of individuals practicing physical therapy in the state are exempt from licensure by the board.(1) A person practicing physical therapy in the U.S. armed services, U.S. Public Health Service, or Veterans Administration in compliance with federal regulations for licensure of health care providers; and(2) A person who is licensed in another jurisdiction of the U.S. and who, by contract or employment, is practicing physical therapy in this state for not more than 60 days in a 12 month period for an athletic team or organization or a performing arts company temporarily competing or performing in this state.(b) The following categories of individuals practicing physical therapy in the state are exempt from licensure by the board and must notify the board of their intent to practice in the state. (1) A physical therapist who is licensed in good standing in another jurisdiction of the U.S. if the person is engaging, for not more than 90 days in a 12 month period and under the supervision of a physical therapist licensed in this state, in a special project or clinic required for completion of a post-professional degree in physical therapy from an accredited college or university.(A) The individual must submit written notification stating the following:(i) the beginning and ending dates of the period of practice;(ii) the name of the institution or facility in which the individual will be practicing;(iii) the name of the supervising physical therapist; and(iv) a list of the jurisdictions in which the individual has held or currently holds a license.(B) Written notification must be received by the board prior to the start date of the practice.(2) A physical therapist or a physical therapist assistant who is licensed in good standing in another jurisdiction of the U.S. or authorized to practice physical therapy without restriction in another country if the person is engaging in patient contact and treatment as either an instructor or participant while attending an educational seminar or activity in this state for not more than 60 days in a 12 month period.(A) The individual must submit written notification stating the following:(i) the beginning and ending dates of the educational activity;(ii) the name of the course or activity sponsor;(iii) the location of the educational activity; and(iv) a list of the jurisdictions in which the individual has held or currently holds a license.(B) Written notification must be received by the board prior to the start date of the educational activity.(3) A physical therapist or physical therapist assistant licensed in good standing in another jurisdiction of the U.S. who is practicing physical therapy for not more than 60 days during a declared local, state, or national disaster or emergency.(A) The individual must submit written notification stating the following:(i) the beginning and ending dates of the period of practice;(ii) the name of the facility in which the individual will be practicing; and(iii) a list of the jurisdictions in which the individual has held or currently holds a license.(B) Written notification must be received by the board prior to the start date of the practice.(4) A physical therapist or physical therapist assistant licensed in good standing in another jurisdiction of the U.S. who is displaced from the person's residence or place of employment due to a declared local, state, or national disaster and is practicing physical therapy in this state for not more than 60 days after the date the disaster is declared.(A) The individual must submit written notification stating the following:(i) the beginning and ending dates of the period of practice;(ii) the name of the facility in which the individual will be practicing; and(iii) a list of the jurisdictions in which the individual has held or currently holds a license.(B) Written notification must be received by the board prior to the start date of the practice.(5) A physical therapist or physical therapist assistant licensed in good standing in another jurisdiction of the U.S. who is a military service member or military spouse for the period during which the military service member to whom the military spouse is married is stationed at a military installation in Texas. (A) The military service member or military spouse must submit an application including the following: (i) a copy of the member's military orders showing relocation to this state; (ii) a copy of the military spouse's marriage license if the applicant is a military spouse; and (iii) a notarized affidavit affirming under penalty of perjury that: (I) the applicant is the person described and identified in the application; (II) all statements in the application are true, correct, and complete; (III) the applicant understands the scope of practice for the physical therapy or physical therapist assistant license in this state and will not perform outside of that scope of practice; and (IV) the applicant is in good standing in each state in which the applicant holds or has held an applicable license. (B) Not later than the 10th business day after the date the board receives an application, the board will notify the applicant that: (i) the board recognizes the applicant's out-of-state license; (ii) the application is incomplete; or (iii) the board is unable to recognize the applicant's out-of-state license because the board does not issue a license similar in scope of practice to the applicant's license. (C) This exemption establishes requirements and procedures authorized or required by Texas Occupations Code, Chapter 55, and does not modify or alter rights that might be provided under federal law. (c) For individuals exempt from licensure under subsection (b) of this section, the following applies: (1) any jurisdiction of the U.S. that licenses physical therapists and physical therapist assistants is deemed to have substantially equivalent requirements for licensure; (2) verification of licensure in other jurisdictions may be through online primary source verification;(3) the individual must comply with all of the laws and regulations applicable to the provision of physical therapy in Texas; and (4) a person is in good standing with another state's licensing authority if the person: (A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct; (B) has not been disciplined by the licensing authority with respect to the license or person's practice of the occupation for which the license is issued; and (C) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or profession.", "sourceNote": "Source Note: The provisions of this §329.7 adopted\r\nto be effective December 15, 2009, 34 TexReg 8967; amended to be effective\r\nNovember 1, 2019, 44 TexReg 6372; amended to be effective November\r\n1, 2021, 46 TexReg 7213; amended to be effective November 2, 2023,\r\n48 TexReg 6355; amended to be effective November 1, 2025, 50 TexReg\r\n7014." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161890", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "335", "label": "PROFESSIONAL TITLE" }, "rule": { "number": "§335.1", "label": "Use of Title" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203488", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed physical therapist shall use the title physical therapist or the initials PT. A licensed physical therapist assistant shall use the title physical therapist assistant or the initials PTA. No other titles or initials are conferred by a license from this board.(b) Any letters designating other titles, academic degrees, or certifications must follow the initials PT or PTA (example: Jane Doe, PT, DPT).(c) In using the title \"doctor\" as a trade or professional asset or on any manner of professional identification, including a sign, pamphlet, stationery, or letterhead, or as a part of a signature, a physical therapist shall designate the college or honorary degree that gives rise to the use of the title, or the authority under which the title is used.(d) A degree described in subsection (b) of this section shall be granted by an institution accredited by an accrediting agency recognized by the National Commission on Accrediting or the US Department of Education.", "sourceNote": "Source Note: The provisions of this §335.1 adopted to be effective March 1, 1986, 11 TexReg 724; amended to be effective August 17, 2008, 33 TexReg 6593; amended to be effective May 23, 2013, 38 TexReg 3001." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203488", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "337", "label": "DISPLAY OF LICENSE" }, "rule": { "number": "§337.1", "label": "Display of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212482", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The original license must be displayed in the licensee's principal place of practice.(b) For physical therapy services provided through telehealth, home visits, or other non-traditional modes, the licensee must provide information on accessing the board's online license verification system.(c) Displayed reproduction of the original license is unauthorized.(d) Reproduction of the original license is authorized for institutional file purpose only.", "sourceNote": "Source Note: The provisions of this §337.1 adopted to be effective March 1, 1986, 11 TexReg 724; amended to be effective November 11, 1993, 18 TexReg 7551; amended to be effective May 27, 2012, 37 TexReg 3832; amended to be effective February 11, 2014, 39 TexReg 650; amended to be effective March 1, 2021, 46 TexReg 908." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212482&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212482", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "337", "label": "DISPLAY OF LICENSE" }, "rule": { "number": "§337.2", "label": "Consumer Information Sign" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "86652", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) There shall at all times be prominently displayed in the place of business of each licensee a sign containing the name, mailing address, web address and telephone number of the board and a statement informing consumers that complaints against licensees can be directed to the board.(b) A consumer information sign shall be made readily available on the board's website.(c) For physical therapy services provided through telehealth, home visits, or other non-traditional modes, the licensee must provide information as described in subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §337.2 adopted to be effective March 1, 1986, 11 TexReg 724; amended to be effective September 28, 1988, 13 TexReg 4576; amended to be effective February 18, 1992, 17 TexReg 940; amended to be effective May 8, 1996, 21 TexReg 3709; amended to be effective October 4, 2012, 37 TexReg 7751; amended to be effective March 1, 2021, 46 TexReg 909; amended to be effective March 1, 2023, 48 TexReg 893." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=86652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "86652", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "339", "label": "FEES" }, "rule": { "number": "§339.1", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200709", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fees are set by the executive council and may be subject to change by the legislature.(b) Fees paid to the board or executive council may be in the form of a personal check, cashier's check, money order, or other certified funds.", "sourceNote": "Source Note: The provisions of this §339.1 adopted to be effective November 30, 1981, 6 TexReg 4246; amended to be effective September 1, 1984, 9 TexReg 4284; amended to be effective December 30, 1987, 12 TexReg 4683; amended to be effective December 12, 1989, 14 TexReg 6278; amended to be effective June 5, 1992, 17 TexReg 3783; amended to be effective November 11, 1993, 18 TexReg 7551; amended to be effective November 16, 2000, 25 TexReg 11288." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200709", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.1", "label": "Requirements for Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226426", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Biennial renewal. Licensees are required to renew their licenses every two years by the end of their birth month. The Board will maintain a secure resource for verification of license status and expiration date on its website.(b) Notification of impending license expiration. The board will send notification to each licensee at least 30 days prior to the license expiration date. The licensee is responsible for ensuring that the license is renewed, regardless of receipt of notification.(c) General requirements. The renewal application is not complete until all required items are received by the board. The components required for license renewal are:(1) a completed renewal application documenting completion of board-approved continuing competence activities, as described in §341.2 of this title (relating to Continuing Competence Requirements);(2) the renewal fee, and any late fees which may be due;(3) a passing score on the jurisprudence examination;(4) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and(5) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints for the renewal of the license if the licensee has previously submitted fingerprints under:(A) Section 329.1, for the initial issuance of the license; or(B) Chapter 341, License Renewal as part of a prior license renewal or restoration.(d) If all required items are not postmarked (if submitted by mail) or date stamped (if submitted online) prior to the license expiration date, the renewal is late and the license is expired. The licensee may not practice until the license is listed as current on the board's website.(e) A licensee may renew a license expired less than one year. The items required for the reinstatement of a license are:(1) Expired for 90 days or less:(A) All items listed in subsection (c) of this section; and(B) The late fee as set by the executive council in §651.2 of this title (relating to Physical Therapy Board Fees).(2) Expired for more than 90 days but less than one year:(A) All items listed in subsection (c) of this section;(B) The late fee as set by the executive council; and(C) Documentation showing completion of continuing competence requirements as specified in §341.2 of this title.(f) Renewal of a license expired one year or more. A license expired one year or more must be reinstated as specified in §341.6 of this title (relating to License Restoration).", "sourceNote": "Source Note: The provisions of this §341.1 adopted to be effective February 18, 2001, 26 TexReg 1339; amended to be effective August 15, 2001, 26 TexReg 6022; amended to be effective September 18, 2005, 30 TexReg 5801; amended to be effective July 21, 2010, 35 TexReg 6285; amended to be effective April 4, 2011, 36 TexReg 2128; amended to be effective May 27, 2012, 37 TexReg 3832; amended to be effective February 11, 2014, 39 TexReg 650; amended to be effective March 1, 2015, 40 TexReg 705; amended to be effective January 1, 2019, 43 TexReg 7354; amended to be effective September 1, 2020, 45 TexReg 5513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226426", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.2", "label": "Continuing Competence Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216754&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216754", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Continuing competence is the ongoing acquisition and maintenance of the professional knowledge, skill, and ability of the PT or PTA through successful completion of educational and professional activities related to the physical therapy profession.(b) All continuing competence activities submitted to satisfy renewal requirements must be board approved by an organization selected by the board.(c) For each biennial renewal, physical therapists must complete a total of 30 continuing competence units (CCUs); physical therapist assistants must complete a total of 20 CCUs. A CCU is the relative value assigned to continuing competence activities based on specific criteria developed by the Board.(d) Continuing competence activities utilized to fulfill renewal requirements must be completed within the 24 months prior to the license expiration date.(e) Licensees must maintain original continuing competence activity completion documents, as specified in §341.3 of this title (relating to Qualifying Continuing Competence Activities), for four years after the license expiration date.(f) All licensees must complete a board-approved jurisprudence assessment module as part of their total continuing competence requirement. The jurisprudence assessment module shall be assigned a CCU value and standard approval number by the board and shall include at a minimum the following components.(1) The theoretical basis for ethical decision-making;(2) APTA's Code of Ethics for the Physical Therapist and Guide for Professional Conduct, and the Guide for Conduct of the Physical Therapist Assistant and Standards of Ethical Conduct for the Physical Therapist Assistant;(3) Legal standards of behavior (including but not limited to the Act and Rules of the board); and(4) Application of content to real and/or hypothetical situations.(g) The executive council will conduct an audit of a random sample of licensees at least quarterly to determine compliance with continuing competence renewal requirements. Failure to submit documentation of the required number of approved CCUs taken within the audited renewal period, or failure to respond to a request to submit documentation for an audit within 30 days of the date on the request, may result in disciplinary action by the board.(1) Licensees eligible for audit include those who renewed prior to their license expiration date and those who late renewed up to one year.(2) The board or its committees may request proof of completion of continuing competence activities claimed for renewal purposes at any time from any licensee.(h) If the board chooses to authorize an organization(s) to approve continuing competence activities, the board shall select an appropriate organization(s) pursuant to §323.4 of this title, Request for Proposals for Outsourced Services. (1) Any Request for Proposal (RFP) conducted in accordance with this subsection must include development and maintenance of an online repository for storing and tracking of continuing competence activities and completion documents by licensees of Texas as a required element of the Scope of Work. (2) The above-described online repository for continuing education tracking must comply with the requirements in Texas Occupations Code Chapter 112, Subchapter C.", "sourceNote": "Source Note: The provisions of this §341.2 adopted\r\nto be effective February 18, 2001, 26 TexReg 1339; amended to be effective\r\nAugust 15, 2001, 26 TexReg 6022; amended to be effective February\r\n17, 2005, 30 TexReg 717; amended to be effective June 7, 2009, 34\r\nTexReg 3516; amended to be effective July 21, 2010, 35 TexReg 6285;\r\namended to be effective February 11, 2014, 39 TexReg 650; amended\r\nto be effective May 22, 2017, 42 TexReg 2723; amended to be effective\r\nMarch 1, 2018, 43 TexReg 776; amended to be effective November 11,\r\n2018, 43 TexReg 7354; amended to be effective September 1, 2025, 50\r\nTexReg 5066; amended to be effective November 1, 2025, 50 TexReg 7015." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216754&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216754", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.3", "label": "Qualifying Continuing Competence Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146842", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees may select from a variety of activities to fulfill the requirements for continuing competence. These activities include the following:(1) Continuing education (CE).(A) Program content structure must be approved by the board-approved organization, or be offered by a provider accredited by that organization. Programs must meet the following criteria:(i) Program content must be easily recognizable as pertinent to the physical therapy profession and in the areas of ethics, professional responsibility, clinical application, clinical management, behavioral science, science, or risk management.(ii) The content must be identified by instructional level, i.e., basic, intermediate, advanced. Program objectives must be clearly written to identify the knowledge and skills the participants should acquire and be consistent with the stated instructional level.(iii) The instructional methods related to the objectives must be identified and be consistent with the stated objectives.(iv) Programs must be presented by a licensed health care provider, or by a person with appropriate credentials and/or specialized training in the field.(v) Program providers are prohibited from self-promotion of programs, products, and/or services during the presentation of the program.(vi) The participants must evaluate the program. A summary of these evaluations must be made available to the board-approved organization upon request.(vii) Records of each licensee who participates in the program must be maintained for four years by the CE sponsor/provider and must be made available to the board-approved organization upon request.(B) CE programs subject to this subsection include the following:(i) Live programs.(I) One contact hour equals 1 continuing competence unit (CCU).(II) Documentation must include the name and license number of the licensee; the title, sponsor/provider, date(s), and location of the course; the number of CCUs awarded, the signature of an authorized signer, and the accredited provider or program approval number.(III) If selected for audit, the licensee must submit the specified documentation.(ii) Self-study programs - Structured, self-paced programs or courses offered through electronic media (for example, via the internet or on DVD) or on paper (for example, a booklet) completed without direct supervision or attendance in a class.(I) One contact hour equals 1 CCU.(II) Documentation must include the name and license number of the licensee; the title, sponsor/provider, date(s), and instructional format of the course; the number of CCUs awarded, the signature of an authorized signer, and the accredited provider or program approval number.(III) If selected for audit, the licensee must submit the specified documentation.(iii) Regular inservice-type programs over a one-year period where individual sessions are granted 2 CCUs or less.(I) One contact hour equals 1 CCU.(II) Documentation must include the name and license number of the licensee; the title, sponsor/provider, date(s), and location of the inservice; the signature of an authorized signer, and the accredited provider or program approval number with the maximum CCUs granted and the CCU value of each session or group of sessions specified and justified.(III) Additionally, proof of attendance to any or all inservice sessions must be provided so that individual CCUs earned can be calculated by the program sponsor/provider for submission to the board-approved organization.(IV) If selected for audit, the licensee must submit the specified documentation.(iv) Large conferences with concurrent programming.(I) One contact hour equals 1 CCU.(II) Documentation must include the licensee's name and license number; title, sponsor/provider, date(s); and location of the conference; the number of CCUs awarded, the signature of an authorized signer, and the accredited provider or course approval number.(III) If selected for audit, the licensee must submit the specified documentation and proof of attendance.(2) College or university courses.(A) Courses at regionally accredited US colleges or universities easily recognizable as pertinent to the physical therapy profession and in the areas of ethics, professional responsibility, clinical application, clinical management, behavioral science, science, or risk management.(i) The course must be at the appropriate educational level for the PT or the PTA.(ii) All courses in this paragraph are subject to the following:(I) One satisfactorily completed credit hour (grade of C or equivalent, or higher) equals 10 CCUs.(II) Documentation required for consideration is the course syllabus for each course and a transcript indicating successful completion of the course.(III) If selected for audit, the licensee must submit the approval letter from the board-approved organization.(B) College or university sponsored CE programs (no grade, no official transcript) must comply with paragraph (1)(A) of this section.(C) College or university courses that are part of a post-professional physical therapy degree program, or are part of a CAPTE-accredited program bridging from PTA to PT, are automatically approved and are assigned a standard approval number by the board-approved organization. If selected for audit, the licensee must submit a transcript indicating successful completion of the course.(3) Scholarship.(A) Publications. Publication(s) pertinent to physical therapy and in the areas of ethics, professional responsibility, clinical practice, clinical management, behavioral science, science, or risk management written for the professional or lay audience. The author(s) are prohibited from self-promotion of programs, products, and/or services in the publication.(i) The publication must be published within the 24 months prior to the license expiration date.(ii) CCU values for types of original publications are as follows:(I) A newspaper article (excluding editorials and opinion pieces) may be valued up to 3 CCUs.(II) A regional/national magazine article (excluding editorials and opinion pieces) may be valued up to 10 CCUs.(III) A case study in a peer reviewed publication, monograph, or book chapter(s) is valued at 20 CCUs.(IV) A research article in a peer reviewed publication, or an entire book is valued at 30 CCUs.(iii) Documentation required for consideration is:(I) For newspaper articles, a copy of the article and the newspaper banner, indicating the publication date;(II) For magazine articles and publications in peer reviewed journals, a copy of the article and the Table of Contents page of the publication showing the author's name and the name and date of the publication.(III) For monographs or single book chapters, a copy of the first page of the monograph or chapter, and the Table of Contents page of the publication showing the author's name and the name and date of the publication.(IV) For an entire book or multiple chapters in a book, the author must submit the following: title page, copyright page, entire table of contents, preface or forward if present, and one book chapter authored by the licensee.(iv) If selected for audit, the licensee must submit the approval letter from the board-approved organization.(B) Manuscript review. Reviews of manuscripts for peer-reviewed publications pertinent to physical therapy and in the areas of ethics, professional responsibility, clinical practice, clinical management, behavioral science, science, or risk management. The Board will maintain and make available a list of peer-reviewed publications that are automatically approved for manuscript review and assigned a standard approval number by the board-approved organization.(i) The review must be completed within the 24 months prior to the license expiration date.(ii) One manuscript review is valued at 3 CCUs.(iii) For each renewal:(I) PTs may submit no more than 3 manuscript reviews (9 CCUs).(II) PTAs may submit no more than 2 manuscript reviews (6 CCUs).(iv) If selected for audit, the licensee must submit a copy of the letter or certificate from the publisher confirming completion of manuscript review.(v) A peer-reviewed publication not on the list of recognized publications for manuscript review but pertinent to the physical therapy profession may be submitted to the board-approved organization for consideration. Documentation required for consideration includes the following:(I) The name of the peer-reviewed journal;(II) The name of the manuscript; and(III) A description of the journal's relevance to the physical therapy profession.(C) Grant proposal submission. Submission of grant proposals by principal investigators or co-principal investigators for research that is pertinent to physical therapy and in the areas of ethics, professional responsibility, clinical practice, clinical management, behavioral science, science, or risk management.(i) The grant proposal must be submitted to the funding entity within the 24 months prior to the license expiration date.(ii) One grant proposal is valued at 10 CCUs.(iii) Licensees may submit a maximum of 1 grant proposal (10 CCUs).(iv) Documentation required for consideration is a copy of the grant and letter submitted to the grant-provider.(v) If selected for audit, the licensee must submit the approval letter from the board-approved organization.(D) Grant review for research pertinent to healthcare. The Board will maintain and make available a list of grant-issuing entities that are automatically approved for grant review and assigned a standard approval number by the board-approved organization.(i) The review must be completed within the 24 months prior to the license expiration date.(ii) One grant review is valued at 3 CCUs.(iii) Licensees may submit a maximum of 2 grant reviews (6 CCUs).(iv) If selected for audit, the licensee must submit a letter or certificate confirming grant review from the grant provider.(v) A grant-issuing entity not on the list of recognized entities for grant review but pertinent to the physical therapy profession may be submitted to the board-approved organization for consideration. Documentation required for consideration includes the following:(I) The name of the grant-issuing entity;(II) The name of the grant; and(III) A description of the grant's relevance to the physical therapy profession.(4) Teaching and Presentation Activities.(A) First-time development or coordination of course(s) in a CAPTE-accredited PT or PTA program, or a post-professional physical therapy degree program, or a CAPTE accredited program bridging from PTA to PT. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(i) The course must be offered for the first time within the 24 months prior to the license expiration date.(ii) One student contact hour equals 4 CCUs.(iii) Licensees are limited to the following number of CCUs:(I) PTs may submit a maximum of 10 CCUs for this activity.(II) PTAs may submit a maximum of 8 CCUs for this activity.(iv) If selected for audit, the licensee must submit a copy of the course syllabus indicating the licensee as course coordinator or primary instructor.(B) First-time development or coordination of course(s) in a regionally accredited U.S. college or university program for other health professions.(i) The course must be offered for the first time within the 24 months prior to the license expiration date.(ii) One student contact hour equals 4 CCUs.(iii) Licensees are limited to the following number of CCUs:(I) PTs may submit a maximum of 10 CCUs for this activity.(II) PTAs may submit a maximum of 8 CCUs for this activity.(iv) Documentation required for consideration is a copy of the course syllabus indicating the licensee as course coordinator or primary instructor.(v) If selected for audit, the licensee must submit the approval letter from the board-approved organization.(C) Presentation or instruction as a guest lecturer in a CAPTE-accredited PT or PTA program, or a post-professional physical therapy degree program, or a CAPTE-accredited program bridging from PTA to PT. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(i) One student contact hour equals 2 CCUs.(ii) Licensees are limited to the following number of CCUs:(I) PTs may submit a maximum of 10 CCUs for this activity.(II) PTAs may submit a maximum of 8 CCUs for this activity.(iii) If selected for audit, the licensee must submit a copy of the course syllabus indicating the licensee as course presenter or instructor.(D) Presentation or instruction as a guest lecturer in a regionally accredited U.S. college or university program for other health professions.(i) One student contact hour equals 2 CCUs.(ii) Licensees are limited to the following number of CCUs:(I) PTs may submit a maximum of 10 CCUs for this activity.(II) PTAs may submit a maximum of 8 CCUs for this activity.(iii) Documentation required for consideration is a copy of the course syllabus indicating the licensee as course coordinator or primary instructor.(iv) If selected for audit, the licensee must submit a copy of the course syllabus indicating the licensee as course presenter or instructor.(E) First-time development, presentation or co-presentation at state, national or international workshops, seminars, or professional conferences, or at a board-approved continuing education course.(i) The course must be offered for the first time within the 24 months prior to the license expiration date.(ii) One contact hour equals 4 CCUs.(iii) Licensees are limited to the following number of CCUs:(I) PTs may submit no more than 10 CCUs for this activity.(II) PTAs may submit no more than 8 CCUs for this activity.(iv) Documentation required for consideration includes one of the following: a copy of a brochure for the presentation indicating the licensee as a presenter; or, a copy of the cover from the program and page(s) indicating the licensee as a presenter.(v) If selected for audit, the licensee must submit the approval letter from the board-approved organization.(F) Service as a clinical instructor for full-time, entry-level PT or PTA students enrolled in accredited education. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(i) The instructorship must be completed within the 24 months prior to the license expiration date.(ii) Valuation of clinical instruction is as follows:(I) Supervision of full-time PT or PTA students for 5 - 11 weeks is valued at 5 CCUs.(II) Supervision of full-time PT or PTA students for 12 weeks or longer is valued at 10 CCUs.(iii) Licensees are limited to the following number of CCUs:(I) PTs may submit a maximum of 10 CCUs for this activity.(II) PTAs may submit a maximum of 8 CCUs for this activity.(iv) If selected for audit, the licensee must submit a letter or certificate from the coordinator of clinical education confirming clinical supervision and the number of weeks supervised from the education program.(5) Advanced Training, Certification, and Recognition.(A) Specialty Examinations. The Board will maintain and make available a list of recognized specialty examinations. Successful completion of a recognized specialty examination (initial or recertification) is automatically approved and assigned a standard approval number by the board-approved organization.(i) The specialty examination must be successfully completed within the 24 months prior to the license expiration date.(ii) Each recognized specialty examination is valued at 30 CCUs.(iii) If selected for audit, the licensee must submit a copy of the letter from the certifying body notifying the licensee of completion of the specialty from the credentialing body, and a copy of the certificate of specialization.(iv) A specialty examination not on the list of recognized examinations but pertinent to the physical therapy profession may be submitted to the board approved organization for consideration. Documentation required for consideration includes the following:(I) Identification and description of the sponsoring organization and its authority to grant a specialization to PTs or PTAs;(II) A complete description of the requirements for specialization;(III) A copy of the letter notifying the licensee of completion of the specialty from the certifying body, and a copy of the certificate of specialization.(B) APTA Certification for Advanced Proficiency for the PTA. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(i) The certification must be successfully completed within the 24 months prior to the license expiration date.(ii) Completion of specialty certification is valued at 20 CCUs.(iii) If selected for audit, the licensee must submit a copy of the letter notifying the licensee of completion of the advanced proficiency, and a copy of the certificate of proficiency.(C) Residency or fellowship relevant to physical therapy. The Board will maintain and make available a list of approved residencies and fellowships. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(i) The residency or fellowship must be successfully completed within the 24 months prior to the license expiration date.(ii) Completion of the residency or fellowship is valued at up to 30 CCUs.(iii) If selected for audit, the licensee must submit a copy of the certificate of graduation indicating completion of the fellowship or residency.(D) Mentorship of a resident or fellow in an approved residency or fellowship program. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(i) Mentorship of a resident or a fellow for a minimum of 150 hours of 1:1 mentoring is valued at 10 CCUs. The Board will consider partial credit for those mentors who provide mentorship for only a portion of the residency or fellowship.(ii) Licensees may submit a maximum of 20 CCUs for this activity.(iii) If selected for audit, the licensee must submit a copy of a letter from the residency or fellowship program confirming participation as a clinical mentor, with the dates and number of mentorship hours served as a clinical mentor.(6) Professional Membership and Service. Licensees may submit activities in this category for up to one half of their CC requirement (PT - 15 CCUs, PTAs - 10 CCUs) at time of renewal. Licensees must demonstrate membership or participation in service activities for a minimum of one year during the renewal period to receive credit. Credit is not prorated for portions of years.(A) Membership in the APTA. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(i) One year of membership is valued at 1 CCU.(ii) If selected for audit, the licensee must submit a copy of the current membership card.(B) Service on a board, committee, or taskforce for the Texas Board of Physical Therapy Examiners, the American Physical Therapy Association (APTA) (or an APTA component), or the Federation of State Boards of Physical Therapy (FSBPT). This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(i) One year of service is valued at 3 CCUs.(ii) Licensees are limited to the following number of CCUs per renewal:(I) PTs may submit a maximum of 9 CCUs for this activity.(II) PTAs may submit a maximum of 6 CCUs for this activity.(iii) If selected for audit, the licensee must submit a copy of a letter on official organization letterhead or certificate confirming completion of service.(C) Service as a TPTA Continuing Competence Approval Program reviewer. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(i) One year of service is valued at 3 CCUs.(ii) Licensees are limited to the following number of CCUs per renewal:(I) PTs may submit a maximum of 6 CCUs for this activity.(II) PTAs may submit a maximum of 6 CCUs for this activity.(iii) If selected for audit, the licensee must submit a copy of a letter or certificate confirming completion of service on official organization letterhead.(D) Service as an item writer for the national PT or PTA exam or an American Board of Physical Therapy Specialties (ABPTS) exam. This activity type is automatically approved and is assigned a standard approval number by the board approved organization.(i) One year of service is valued at 5 CCUs.(ii) Licensees are limited to the following number of CCUs per renewal:(I) PTs may submit a maximum of 10 CCUs for this activity.(II) PTAs may submit a maximum of 10 CCUs for this activity.(iii) If selected for audit, the licensee must submit a copy of a letter or certificate confirming completion of service on official organization letterhead.(7) Voluntary charity care. Providing physical therapy services for no compensation as a volunteer of a charitable organization as defined in §84.003 of the Texas Civil Practice and Remedies Code. This activity type is automatically approved and is assigned a standard approval number by the board-approved organization.(A) Voluntary charity care must be non work-related.(B) Proof of voluntary charity care can count toward up to one-half (1/2) of the continuing competence requirement.(C) Ten (10) hours of voluntary charity care equals 1 CCU.(D) If selected for audit, the licensee must submit a letter indicating the dates and number of hours of voluntary charity care on official charitable organization(s) letterhead.", "sourceNote": "Source Note: The provisions of this §341.3 adopted to be effective November 11, 1993, 18 TexReg 7552; amended to be effective April 12, 1995, 20 TexReg 2386; amended to be effective May 8, 1996, 21 TexReg 3797; amended to be effective February 13, 2000, 25 TexReg 779; amended to be effective November 16, 2000, 25 TexReg 11288; amended to be effective February 17, 2005, 30 TexReg 717; amended to be effective March 5, 2007, 32 TexReg 1074; amended to be effective June 7, 2009, 34 TexReg 3516; amended to be effective July 21, 2010, 35 TexReg 6286; amended to be effective February 11, 2014, 39 TexReg 651; amended to be effective August 17, 2014, 39 TexReg 6049; amendedto be effective March 1, 2015, 40 TexReg 705; amended to be effective February 21, 2016, 41 TexReg 1122; amended to be effective February 16, 2017, 42 TexReg 556; amended to be effective May 22, 2017, 42 TexReg 2723; amended to be effective March 1, 2021, 46 TexReg 909; amended to be effective March 1, 2024, 49 TexReg 866." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146842", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.5", "label": "Waiver of Continuing Competence Units (CCUs)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200710", "queryAsDate": "03/11/2026" }, "ruleBody": "CCUs required for renewal of a license may be waived by the board because of hardship for health and medical problems that prevent a licensee from obtaining the CCUs. Waiver requests must be submitted prior to license expiration. The license cannot be renewed until the waiver has been approved by the Board.", "sourceNote": "Source Note: The provisions of this §341.5 adopted to be effective November 11, 1993, 18 TexReg 7552; amended to be effective March 2, 2006, 31 TexReg 1301; amended to be effective July 21, 2010, 35 TexReg 6288." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200710", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.6", "label": "License Restoration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196898", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may reinstate a license that has been expired one year or more through the process of restoration if certain requirements are met.(b) Duration. The original expiration date of a restored license will be adjusted so that the license will expire every two years at the end of the birth month of the licensee.(c) Persons who are currently licensed in good standing in another state, district, or territory of the U.S. The requirements for restoration are:(1) a completed restoration application form;(2) a passing score on the jurisprudence examination;(3) verification of Licensure from all states in which the applicant holds or has held a license;(4) the restoration fee;(5) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and(6) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints for the renewal of the license if the licensee has previously submitted fingerprints under:(A) Section 329.1, for the initial issuance of the license; or(B) Chapter 341, License Renewal as part of a prior license renewal or restoration.(d) Persons who are not currently licensed in another state or territory of the U.S.(1) A licensee whose Texas license is expired for one to five years. The requirements for restoration are:(A) a completed restoration application form;(B) a passing score on the jurisprudence examination;(C) the restoration fee;(D) verification of Licensure from all states in which the applicant has held a license;(E) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and(F) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints for the renewal of the license if the licensee has previously submitted fingerprints under:(i) Section 329.1, for the initial issuance of the license; or(ii) Chapter 341, License Renewal as part of a prior license renewal or restoration.(G) demonstration of competency. Competency may be demonstrated in one of the following ways:(i) reexamination with a passing score on the national physical therapy exam;(ii) completion of an advanced degree in physical therapy within the last five years;(iii) supervised clinical practice (SCP) completed over a continuous 12 month period and board approved continuing competence activities. For PTs, the requirement is 480 hours of SCP and 30 CCUs. For PTAs, the requirement is 320 hours of SCP and 20 CCUs.(2) A licensee whose Texas license is expired for five years or more may not restore the license but may obtain a new license by taking the national examination again and getting a new license by relicensure. The requirements for relicensure are:(A) a completed application form;(B) a passing score on the jurisprudence examination;(C) the application fee;(D) a passing score on the national exam, reported directly to the board by the Federation of State Boards of Physical Therapy; and(E) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints for the renewal of the license if the licensee has previously submitted fingerprints under:(i) Section 329.1, for the initial issuance of the license; or(ii) Chapter 341, License Renewal as part of a prior license renewal or restoration.(e) Military Service Members, Military Veterans, and Military spouses. The board will expedite the restoration of a license to a military service member, a military veteran or a spouse of a member of the U.S. armed forces on active duty. The applicant must provide official documentation of active duty status, military veteran status, or the active duty status of the spouse.(f) Renewal of a restored license. To renew a license that has been restored, a licensee must comply with all requirements in §341.1 of this title (relating to Requirements for Renewal).", "sourceNote": "Source Note: The provisions of this §341.6 adopted to be effective February 18, 2001, 26 TexReg 1339; amended to be effective March 9, 2009, 34 TexReg 1605; amended to be effective February 13, 2012, 37 TexReg 689; amended to be effective February 11, 2014, 39 TexReg 655; amended to be effective August 17, 2014, 39 TexReg 6053; amended to be effective March 1, 2015, 40 TexReg 706; amended to be effective September 20, 2015, 40 TexReg 6352; amended to be effective February 21, 2016, 41 TexReg 1122; amended to be effective February 16, 2017, 42 TexReg 556; amended to be effective January 1, 2019, 43 TexReg 7354; amended to be effective September 1, 2020, 45 TexReg 5513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196898&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196898", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.7", "label": "Restrictions on License Renewal and Restoration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200711", "queryAsDate": "03/11/2026" }, "ruleBody": "The board will not renew a license if a licensee has defaulted on court or attorney general's notice of child support. Upon receipt of notification that a repayment agreement has been established, the license shall be renewed.", "sourceNote": "Source Note: The provisions of this §341.7 adopted to be effective February 18, 2001, 26 TexReg 1339; amended to be effective November 1, 2019, 44 TexReg 6374." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200711", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.8", "label": "Inactive Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200712", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Inactive status indicates the voluntary termination of the right or privilege to practice physical therapy in Texas. The Board may allow a licensee who is not actively engaged in the practice of physical therapy in Texas to inactivate the license instead of renewing it at time of renewal. A licensee may remain on inactive status for no more than six consecutive years.(b) Requirements for initiation of inactive status. The components required to put a license on inactive status are:(1) a signed renewal application form, documenting completion of board-approved continuing competence activities for the current renewal period, as described in §341.2 of this title (relating to Continuing Competence Requirements);(2) the inactive fee, and any late fees which may be due; and(3) a passing score on the jurisprudence exam.(c) Requirements for renewal of inactive status. An inactive licensee must renew the inactive status every two years. The components required to maintain the inactive status are:(1) a signed renewal application form, documenting completion of board-approved continuing competence activities for the current renewal period, as described in §341.2 of this title;(2) the inactive renewal fee, and any late fees which may be due; and(3) a passing score on the jurisprudence exam.(d) Requirements for reinstatement of active status. A licensee on inactive status may request a return to active status at any time. The components required to return to active status are:(1) a signed renewal application form, documenting completion of board-approved continuing competence activities for the current renewal period, as described in §341.2 of this title;(2) the renewal fee, and any late fees which may be due;(3) a passing score on the jurisprudence exam;(4) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and(5) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints for the renewal of the license if the licensee has previously submitted fingerprints under:(A) Section 329.1, for the initial issuance of the license; or(B) Chapter 341, License Renewal as part of a prior license renewal or restoration.(e) Licensees on inactive status are subject to the audit of continuing education as described in §341.2 of this title.", "sourceNote": "Source Note: The provisions of this §341.8 adopted to be effective February 18, 2001, 26 TexReg 1339; amended to be effective August 15, 2001, 26 TexReg 6022; amended to be effective July 21, 2010, 35 TexReg 6288; amended to be effective October 4, 2012, 37 TexReg 7751; amended to be effective January 1, 2019, 43 TexReg 7354; amended to be effective September 1, 2020, 45 TexReg 5513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200712", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.9", "label": "Retired Status; Performing Volunteer Charity Care" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175045", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Retired status means that a licensee is providing physical therapy services only in the domain of voluntary charity care.(b) As used in the section:(1) \"voluntary charity care\" means physical therapy services provided for no compensation as a volunteer of a charitable organization as defined in §84.003 of the Texas Civil Practice and Remedies Code. Charitable organizations include any bona fide charitable, religious, prevention of cruelty to children or animals, youth sports and youth recreational, neighborhood crime prevention or patrol, or educational organization (excluding fraternities, sororities, and secret societies), or other organization promoting the common good and general welfare for the people in a community, including these types of organizations with a §501(c)(3) or (4) exemption from federal income tax, some chambers of commerce, and volunteer centers certified by the Department of Public Safety.(2) \"compensation\" means direct or indirect payment of anything of monetary value.(c) To be eligible for retired status, a licensee must hold a current license on active or inactive status.(d) Requirements for initiation of retired status. The components required to put a license on retired status are:(1) a completed retired status application form;(2) completion of board-approved continuing competence activities for the current renewal period;(3) the retired status fee and any late fees which may be due;(4) a passing score on the jurisprudence exam;(5) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and(6) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints for the renewal of the license if the licensee has previously submitted fingerprints under:(A) Section 329.1, for the initial issuance of the license; or(B) Chapter 341, License Renewal as part of a prior license renewal or restoration.(e) Requirements for renewal of retired status. A licensee on retired status must renew the retired status every two years on his/her license renewal date. The components required to renew the retired status are:(1) a completed retired status application form;(2) completion of six units of board-approved continuing competence activities by both PTs and PTAs;(3) the retired status renewal fee, and any late fees which may be due;(4) a passing score on the jurisprudence exam;(5) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and(6) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprints for the renewal of the license if the licensee has previously submitted fingerprints under:(A) Section 329.1, for the initial issuance of the license; or(B) Chapter 341, License Renewal as part of a prior license renewal or restoration.(f) Requirements for reinstatement of active status. A licensee on retired status may request a return to active status at any time. The components required to return to active status are:(1) a signed renewal application form, documenting completion of board-approved continuing competence activities for the current renewal period, as described in §341.2 of this title, 30 CCUs for PTs and 20 CCUs for PTAs;(A) proof of voluntary charity care as defined in (b)(1) of this section can count toward up to one-half (1/2) of the continuing competence requirement;(B) ten (10) hours of voluntary charity care equals 1 CCU.(2) the renewal fee, and any late fees which may be due;(3) a passing score on the jurisprudence exam;(4) successful completion of a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission (HHSC). The course must be a minimum of one contact hour in order to claim CCU credit; and(5) a criminal history record report from the Department of Public Safety and the Federal Bureau of Investigation obtained through fingerprinting. A licensee is not required to submit fingerprintsfor the renewal of the license if the licensee has previously submitted fingerprints under:(A) Section 329.1, for the initial issuance of the license; or(B) Chapter 341, License Renewal as part of a prior license renewal or restoration.(g) A license may be maintained on retired status indefinitely.(h) A licensee on retired status may use the designation \"PT, retired\" or \"PTA, retired\", as appropriate.(i) Licensees on retired status are subject to the audit of continuing competence activities as described in §341.2 of this title, concerning Continuing Competence Requirements.(j) Licensees providing voluntary charity care are subject to the provisions of the Physical Therapy Practice Act and Rules; and as such, violations could result in disciplinary action.", "sourceNote": "Source Note: The provisions of this §341.9 adopted to be effective September 18, 2006, 31 TexReg 8000; amended to be effective July 21, 2010, 35 TexReg 6289; amended to be effective May 17, 2015, 40 TexReg 2667; amended to be effective January 1, 2019, 43 TexReg 7354; amended to be effective September 1, 2020, 45 TexReg 5513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175045", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.20", "label": "Licensees Serving as a Military Service Member" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=15035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "15035", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Renewal. A licensee will be exempt from late fees and penalty if the individual establishes to the satisfaction of the board that failure to timely renew was because the individual was serving as a military service member.(b) Continuing competence units (CCUs). A licensee who is serving as a military service member may receive an extension of up to two years post expiration of license in order to complete the following:(1) Continuing competence activities as specified in §341.2 of this title (relating to Continuing Competence Requirements); and(2) The board's jurisprudence exam.(c) \"Military service member\" as used in this section has the meaning as defined in Texas Occupations Code, §55.001.", "sourceNote": "Source Note: The provisions of this §341.20 adopted to be effective November 11, 1993, 18 TexReg 7552; amended to be effective September 18, 2005, 30 TexReg 5801; amended to be effective July 21, 2010, 35 TexReg 6289; amended to be effective January 1, 2016, 40 TexReg 8791." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=15035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "15035", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "341", "label": "LICENSE RENEWAL" }, "rule": { "number": "§341.21", "label": "Report of Malpractice Claims or Actions or Disciplinary Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "11634", "queryAsDate": "03/11/2026" }, "ruleBody": "Each licensee shall submit a copy of any judgment or settlement in a malpractice claim or any disciplinary action taken by another licensing authority in another state to the board within 30 days after such occurrences.", "sourceNote": "Source Note: The provisions of this §341.21 adopted to be effective April 12, 1995, 20 TexReg 2386." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=11634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "11634", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "342", "label": "OPEN RECORDS" }, "rule": { "number": "§342.1", "label": "Open Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221667", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Open record requests. Inspection of Public Records under the Texas Open Records Act, Texas Civil Statutes, Title 5, Government Code, Chapter 552, provides that all of the records of the board are public records and are available for public inspection during normal business hours except that investigative files and records of the board are confidential. In addition, the exceptions to disclosure in Government Code, Chapter 552 may protect certain information. This rule is promulgated pursuant to Government Code, Chapter 552 to establish a records review process that is efficient, safe, and timely to the public and to the agency.(1) Requests must be in writing and reasonably identify the records requested.(2) Records access will be by appointment only.(3) Records access is available only during the regular business hours of the agency.(4) Unless confidential information is involved, review may be by physical access or by duplication at the requestor's option. Any person, however, whose request would be unduly disruptive to the ongoing business of the office may be denied physical access and will be provided the option of receiving copies. Costs of duplication shall be the responsibility of the requesting party in accordance with the established board fee policy, payable at the time of receipt of records, if a person; or in advance, if by mail. The board may, in its discretion, waive fees if it is in the public interest to do so.(5) When the safety of any public record is at issue, physical access may be denied and the records will be provided by duplication as previously described.(6) Confidential files will not be made available for inspection or for duplication except under certain circumstances, e.g., court order.(7) All open records request appointments will be referred to the executive director or designee before complying with a request.(8) The open records coordinator for the agency is the executive director and the alternate is the director's designee.(b) Charges for copies of public records. The charge to any person requesting reproductions of any readily available record of the Texas State Board of Physical Therapy Examiners will be the charges established by the General Services Commission.(c) The board may waive these charges if there is a public benefit. The executive director of the Executive Council of Physical Therapy and Occupational Therapy Examiners is authorized to determine whether a public benefit exists on a case by case basis.", "sourceNote": "Source Note: The provisions of this §342.1 adopted to be effective November 11, 1993, 18 TexReg 7553; amended to be effective October 26, 1994, 19 TexReg 8113." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221667", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221651", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Physical Therapy Practice Act, Occupations Code, Chapter 453.(2) Agency--The Executive Council of Physical Therapy & Occupational Therapy Examiners.(3) Applicant--A qualified individual who presents application for licensure as a physical therapist or physical therapist assistant or for reinstatement of a previously suspended or revoked license.(4) Board--The Texas Board of Physical Therapy Examiners whose members are appointed pursuant to Occupations Code, Chapter 453.051.(5) Board order--A final decision of the board issued in a contested or uncontested proceeding, which may include findings of fact and conclusions of law, separately stated.(6) Complaint--A written statement of allegations filed with the board which includes a statement of the matters asserted, including any supporting documentation available, the filing of which may initiate a contested case proceeding.(7) Contested case--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the board after an opportunity for adjudicative hearing.(8) Disciplinary action--Imposition of a sanction by the board which may include reprimand, suspension, probation, or revocation of a license, or other appropriate requirements.(9) Executive director--The chief officer of the Executive Council of Physical Therapy & Occupational Therapy Examiners.(10) Informal Settlement Conference (ISC) -- a conference designed to resolve contested cases by informally disposing of matters by agreement and voluntary settlement without the need for a formal hearing at the State Office of Administrative Hearings (SOAH).(11) Investigation Committee -- a standing committee of the board that reviews complaint investigations with recommendation of appropriate action made to the board.(12) Licensee--A person who holds a license either permanent or temporary under the Act.(13) Notice--A statement of intended date, time, place, and nature of a hearing, and the legal authority and jurisdiction under which a hearing is to be held. Notice may include a formal complaint filed to initiate a contested case proceeding.(14) Party--A person or a state agency named or admitted as a party in a contested case proceeding.(15) Probation--A period of time when a license is subject to conditions or limitations.(16) Reinstatement--To reactivate a license that was previously revoked or voluntarily surrendered.(17) Reprimand--A public and formal censure against a license.(18) Respondent--A person who has been made the subject of a formal or informal complaint alleging violation of the Act, rules, other laws or regulations, or orders of the board.(19) Revocation--The withdrawal or repeal of a license.(20) Staff--The investigative staff of the board.(21) Suspension--The temporary withdrawal of a license. The board may suspend for one day or a designated number of years or until a specified event occurs.(22) Voluntary surrender--The act of relinquishing a license at the will of the licensee in lieu of disciplinary action.", "sourceNote": "Source Note: The provisions of this §343.1 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective August 17, 2014, 39 TexReg 6054; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221651", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.2", "label": "Denial of a License and Disciplinary Actions by the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221653", "queryAsDate": "03/11/2026" }, "ruleBody": "The board has the authority to deny an applicant a license or to suspend or revoke a license, to reprimand or otherwise discipline a licensee, or to place on probation a licensee whose license has been suspended. If a license is suspended, the licensee is placed on probation for the duration of the suspension.", "sourceNote": "Source Note: The provisions of this §343.2 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective January 12, 1993, 18 TexReg 64." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221653", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.5", "label": "Licensure of Persons with Substance Abuse or Addiction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221654", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may deny a license to or discipline an applicant/respondent who used drugs or intoxicating liquors to an extent that affects the license holder's or applicant's professional competence.(b) In review of a complaint alleging intemperate use of drugs or alcohol by a respondent/applicant, the board shall consider the following evidence in determining the respondent's/applicant's present fitness to practice physical therapy:(1) documentation demonstrating the degree of sobriety obtained;(2) documentation showing completion of a drug or alcohol rehabilitation program;(3) evidence of participation in board-accepted aftercare;(4) a current status report from a drug/alcohol abuse counselor or board-accepted aftercare sponsor; and(5) letters of recommendation.(c) The burden to provide the foregoing documentation to the board shall be solely at the expense of the respondent/applicant.(d) Provided that the licensee participates in a substance abuse recovery program acceptable to the board, the license may continue on a probationary status with conditions set forth by the full board. Failure to comply and maintain the complete condition of the probation will cause immediate revocation of the license.", "sourceNote": "Source Note: The provisions of this §343.5 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective September 1, 2023, 48 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221654", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.6", "label": "Other Grounds for Denial of a License or Discipline of a Licensee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221655", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Grounds for the board to deny a license to or discipline an applicant/respondent may include the following:(1) attempting to obtain or obtaining a license by fraud, falsification, or deception of an application or examination procedure; or(2) having a license to practice physical therapy or a license to practice another health care profession revoked or suspended or had other disciplinary action taken against him or had his application for license refused, revoked, or suspended by the proper licensing authority of another state, territory, or nation;(3) failure to meet the qualifications for licensure as set forth in the Act, §453.203, as applicable, and/or to any other rules or procedures set forth by the board relating to these sections;(4) cheating on the national examination.(b) If the board determines that an applicant has falsified his application for licensure in regard to any of the documents or procedures of the licensing process, a license may be denied.", "sourceNote": "Source Note: The provisions of this §343.6 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective January 12, 1993, 18 TexReg 64; amended to be effective November 11, 1993, 18 TexReg 7554; amended to be effective September 1, 2023, 48 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221655", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.7", "label": "Gross Negligence in the Practice of Physical Therapy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221656", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may deny a license to or discipline an applicant/respondent who is found grossly negligent in the practice of physical therapy or in acting as a physical therapist assistant.(b) Gross negligence may include, but is not limited to, the provision of physical therapy which the therapist knew or should have known would result in severe physical injury or death of a patient.", "sourceNote": "Source Note: The provisions of this §343.7 adopted to be effective January 7, 1992, 16 TexReg 7645." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221656", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.8", "label": "Licensure of Persons with a History of Voluntary or Involuntary Psychiatric Hospitalization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221657", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may deny a license to or discipline an applicant/respondent who has been adjudged mentally incompetent by a court of competent jurisdiction.(b) In review of a complaint alleging that the respondent/applicant has a history of voluntary or involuntary psychiatric hospitalization, the board shall consider the following evidence in determining the respondent's/applicant's present fitness to practice physical therapy:(1) conduct and work activity of the person prior to and after hospitalization;(2) documentation to indicate that the person is presently in good mental health. Specifically, a current psychological/psychiatric evaluation, which shall include such information as the agency may require;(3) a current status report from a counselor, therapist, or physician; and(4) letters of recommendation.(c) The burden to provide the foregoing documentation to the board shall be solely at the expense of the respondent/applicant.", "sourceNote": "Source Note: The provisions of this §343.8 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective September 1, 2023, 48 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221657", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.9", "label": "Licensure of Persons with Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221658", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may revoke or suspend an existing valid license, disqualify a person from receiving or renewing a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the practice of physical therapy. Those crimes which the board considers to be directly related to the duties and responsibilities of a licensed physical therapist or physical therapist assistant shall include, but are not limited to:(1) any felony which involves an act of fraud, dishonesty, or deceit;(2) any criminal violation of the Act or other statutes regulating or pertaining to physical therapy or the medical profession;(3) any crime involving moral turpitude;(4) murder;(5) assault;(6) burglary;(7) robbery;(8) theft;(9) rape or sexual abuse;(10) patient/client abuse;(11) injury to an elderly person;(12) child molestation, abuse, endangerment, or neglect;(13) felony conviction for driving while intoxicated, driving under the influence of alcohol or drugs, or driving while ability is impaired;(14) sale, distribution, or illegal possession of narcotics, controlled substances, or dangerous drugs;(15) tampering with a governmental record;(16) offenses which include attempting or conspiring to commit any of the offenses in this subsection.(b) In determining whether a crime not listed previously relates to physical therapy, the board will consider:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to practice physical therapy;(3) the extent to which a license might offer opportunities to engage in further criminal activity of the same type as that in which the person was previously engaged;(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and to discharge the responsibilities of a physical therapist or physical therapist assistant; and(5) any correlation between the elements of the crime and the duties and responsibilities of a physical therapist or physical therapist assistant.(c) In review of a complaint alleging that the respondent/applicant has been convicted of a crime which directly relates to the duties and responsibilities of a physical therapist or physical therapist assistant, the board shall consider the following evidence in determining the respondent's/applicant's present fitness to practice physical therapy:(1) the extent and nature of the person's past criminal activity;(2) the age of the person at the time of commission of the crime;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any condition of community supervision, parole, or mandatory supervision, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; letters from the sheriff or chief of police where the person resides; and other persons having contact with the convicted person; and(7) other evidence of the person's fitness, including letters of recommendation, records of steady employment, provision for dependents, payment of all court costs, supervision fees, fines, and restitution if ordered as a result of the person's conviction.(d) The burden and expense of providing and presenting the foregoing documentation to the board shall be solely that of the respondent/applicant.(e) A licensee or applicant is required to report to the board a felony of which he is convicted within 60 days after the conviction occurs.", "sourceNote": "Source Note: The provisions of this §343.9 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective January 12, 1993, 18 TexReg 64; amended to be effective September 1, 2023, 48 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221658", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.20", "label": "Subpoenas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221659", "queryAsDate": "03/11/2026" }, "ruleBody": "The board or its designee shall have the power to issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses, the production of books, records, and documents; to administer oaths and to take testimony concerning all matters within its jurisdiction.", "sourceNote": "Source Note: The provisions of this §343.20 adopted to be effective January 7, 1992, 16 TexReg 7645." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221659", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.21", "label": "Witness Fees and Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221660", "queryAsDate": "03/11/2026" }, "ruleBody": "A witness who is not a party to the proceeding and who is subpoenaed to appear at a deposition or hearing or to produce documents, records, or other tangible things, shall receive reimbursement for expenses incurred in complying with the subpoena. Reimbursement shall be in accordance with Government Code, §2001.103. Said amount shall be paid by the party at whose request the witness is subpoenaed.", "sourceNote": "Source Note: The provisions of this §343.21 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective September 1, 2023, 48 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221660", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.22", "label": "Service of Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221668", "queryAsDate": "03/11/2026" }, "ruleBody": "Service of notice of hearing on the respondent/applicant shall be complete and effective in accordance with Texas Government Code, §2001.051 and §2001.052.", "sourceNote": "Source Note: The provisions of this §343.22 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective September 1, 2023, 48 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221668", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.23", "label": "Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221669", "queryAsDate": "03/11/2026" }, "ruleBody": "The State Office of Administrative Hearings (SOAH) shall conduct all administrative hearings of contested cases that are before the board in accordance with Texas Government Code 2001 and Title 1 Texas Administrative Code.", "sourceNote": "Source Note: The provisions of this §343.23 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective October 26, 1994, 19 TexReg 8113; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221669", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.24", "label": "Payment of Penalties after a Contested Case Hearing Resulting in the Discipline of a Licensee or the Denial of an Application for License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221670", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contested case hearing on the denial of an application must be requested in writing to the board.(b) A person whose application for a license has been denied by the staff or a licensee who has been found in violation of the Act or rules as a result of a contested case hearing may be required to pay administrative penalties to the board. Payment of penalties are due to the Board in accordance with the final order.", "sourceNote": "Source Note: The provisions of this §343.24 adopted to be effective October 26, 1994, 19 TexReg 8113; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221670", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.26", "label": "Commutation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221671", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Computing time. In computing any period of time prescribed or allowed by order or directive of the agency, or by any applicable statute, unless otherwise specified, the period shall begin on the day after the act or event in controversy and conclude on the last day of such computed period, unless it be a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next business day which is neither a Saturday, Sunday, nor a legal holiday.(b) Extension. Unless otherwise provided by statute, the time for filing any pleading, motion, or request may be extended by order of the executive director or designee, upon written motion filed prior to the expiration of the applicable period of time for the filing of the same, showing that the need for extension is not caused by the neglect, indifference, or lack of diligence of the requesting party.", "sourceNote": "Source Note: The provisions of this §343.26 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221671", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.27", "label": "Probation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221672", "queryAsDate": "03/11/2026" }, "ruleBody": "If placing a person on probation whose license has been suspended, the board may impose such additional terms and conditions as it deems appropriate for the period of probation. The board shall specify the exact duration of the probationary period. Upon finding that a person placed on probation has failed to comply with the terms and condition of the board's order, the board may take additional disciplinary action as it deems appropriate, following notice and hearing.", "sourceNote": "Source Note: The provisions of this §343.27 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221672", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.28", "label": "Records Retention Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221673", "queryAsDate": "03/11/2026" }, "ruleBody": "All investigations files shall be maintained in accordance with the approved records retention schedule on file with the Texas State Library and Archives Commission.", "sourceNote": "Source Note: The provisions of this §343.28 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221673", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.29", "label": "Failure To Appear at Informal Settlement Conference or Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221674", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Informal Settlement Conference. Failure to respond to the allegations, either by personal appearance at the informal settlement conference or in writing, may result in the allegations being confirmed at the informal settlement conference and the highest proposed sanction being recommended to the board. The notice of the informal settlement conference shall be served by delivering a copy to the respondent or licensee in accordance with Texas Government Code §2001.054(c)(1), to the licensee's last known address of record as shown by agency records, not less than 10 days prior to the date of the conference.(b) State Office of Administrative Hearings (SOAH) - If a respondent fails to appear in person or by attorney on the day and at the time set for hearing in a contested case, regardless of whether an appearance has been entered, the judge shall, upon adequate proof that proper notice under the Texas Government Code chapter 2001 and Title 1 Texas Administrative Code Part 7 was served upon the defaulting party, enter a default judgment in the matter adverse to the respondent.", "sourceNote": "Source Note: The provisions of this §343.29 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221674", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.35", "label": "Complaint Investigation and Disposition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221638", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints shall be assigned a priority status in the following categories:(1) those indicating that credible evidence exists showing a violation of the Act involving actual deception, fraud or injury to clients or the public or a high probability of immediate deception, fraud, or injury to clients or the public;(2) those indicating that credible evidence exists showing a violation of the Act involving a high probability of potential deception, fraud, or injury to clients or the public;(3) those indicating that credible evidence exists showing a violation of the Act involving a potential for deception, fraud, or injury to clients or the public;(4) all other complaints.(b) Not later than the 30th day after a complaint is received, the staff shall place a timeline for completion, not to exceed one year, in the investigative file and notify all parties to the complaint. Any change in the timeline must be noted in the file and all parties notified of the change not later than seven days after the change was made. For purposes of this rule, completion of an investigation in a disciplinary matter occurs when:(1) staff determines there is insufficient evidence to demonstrate a violation of the act, board rules, or a board order; or(2) staff determines there is sufficient evidence to demonstrate a violation of the act, board rules, or board order and drafts proposed board order.(c) The staff shall provide summary data of complaints extending beyond the complaint timeline to the board so that the board may take necessary action on the complaint.(d) The board shall keep an information file on each complaint submitted to the board. The file will be kept current and include a record of all persons contacted in relation to the complaint, notes about the findings throughout the complaint process, and other relevant information.(e) The Investigation Committee may determine when and if a private investigator is needed for processing of a complaint.", "sourceNote": "Source Note: The provisions of this §343.35 adopted to be effective April 12, 1995, 20 TexReg 2386; amended to be effective March 1, 2018, 43 TexReg 777; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221638", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.36", "label": "Filing and Receipt of Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221639", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints may be received in writing on a form prescribed by the board. Complainants shall be invited to explain their allegations. The staff will provide reasonable assistance to a person who wishes to file a complaint.(b) When a complaint is received, the board, at least as frequently as quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.(c) Prior to commencing disciplinary proceedings, the staff shall serve the respondent with written notice in accordance with Government Code, §2001.054(c).(1) Such notice shall contain a statement of the facts or conduct alleged to warrant an adverse licensure action. The notice shall invite the respondent to show compliance with all requirements of the law for retention of the license.(2) The respondent shall have not less than ten days to respond in writing.", "sourceNote": "Source Note: The provisions of this §343.36 adopted to be effective April 12, 1995, 20 TexReg 2386; amended to be effective September 1, 2023, 48 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221639", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.40", "label": "Informal Conference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221640", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At any time after the filing of a complaint, an informal settlement conference may be held prior to the contested case hearing for the purpose of:(1) simplifying the issues;(2) considering proposed admissions or stipulations of fact;(3) reviewing the procedure to govern the contested case hearing;(4) exchanging witness lists and agreeing to limit the number of witnesses; and/or(5) doing any act that may simplify the proceedings, and dispose of matters in controversy, including settlement of issues in dispute and preparation of an agreed order for presentation to the board as provided herein.(b) A licensee or applicant may request an informal settlement conference; however, the decision to hold a conference shall be made by the executive director or the investigation committee.(c) Participation in an informal settlement conference shall not be mandatory for the licensee or applicant, nor is it a prerequisite to a formal hearing.(d) The executive director or staff shall decide upon the time, date, and place of the informal settlement conference and provide written notice to the licensee or applicant of the same. Notice shall be provided no less than 10 days prior to the date of the informal settlement conference to the last known address of the licensee or applicant. The 10 days shall begin on the date the notice is sent electronically or deposited into the mail. The licensee or applicant may waive the 10-day notice requirement in writing.(1) The notice shall inform the licensee or applicant of the following:(A) the nature of the alleged violation;(B) that the licensee may be represented by legal counsel;(C) that the licensee or applicant may offer the testimony of witnesses and present other evidence as may be appropriate;(D) that board members may be present;(E) that a representative of the office of the attorney general will be present;(F) that the licensee's or applicant's attendance and participation is voluntary;(G) that the complainant and any client involved in the alleged violations may be present; and(H) that the informal settlement conference shall be cancelled if the licensee or applicant notifies the executive director or staff that he or she will not attend.(2) A copy of the board's rules may be referenced with the notice of the informal settlement conference.(e) The notice of the informal settlement conference shall be sent to the complainant at his or her last known address. The complainant shall be informed that he or she may appear and testify or may submit a written statement for consideration at the informal settlement conference. The complainant shall be notified if the conference is cancelled.(f) Participants in the informal settlement conference may include board members, agency staff, the complainant, the licensee or applicant, attorneys representing any of the participants, and any other persons determined by the investigation committee or the executive director or board's designee to be necessary for proper conduct of the conference. All other persons shall be excluded.(g) The informal settlement conference shall not follow the procedures established in this chapter for contested cases and formal hearings.(h) The licensee, the licensee's attorney, investigation committee members, and board staff may question witnesses, make relevant statements, present statements of persons not in attendance, and present such other evidence as may be appropriate.(i) The board's attorney from the office of the attorney general shall attend the informal settlement conferences to advise the board members, executive director, and staff.(j) The licensee or applicant shall be afforded the opportunity to make statements that are material and relevant.(k) Access to the board's investigative file may be prohibited or limited in accordance with the Administrative Procedure Act (APA) and Texas Register Act (TRA).(l) No formal recording of the informal settlement conference shall be made.(m) At the conclusion of the informal settlement conference, the investigation committee members, the executive director, or staff may propose an informal disposition of a complaint or contested case to the respondent subject to the board's approval. The informal disposition may include any disciplinary action authorized by the Act and rules. The investigation committee, the executive director, or staff may also close the complaint investigation because the board lacks jurisdiction, a violation of the act or rules was not established, or determine further investigation is required.", "sourceNote": "Source Note: The provisions of this §343.40 adopted to be effective November 11, 1993, 18 TexReg 7554; amended to be effective September 1, 2023, 48 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221640", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.41", "label": "Agreed Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221641", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A proposed agreed order may be negotiated with any person under the jurisdiction of the board, the terms of which shall be approved by the investigation committee.(b) The proposed agreed order will be sent to the respondent by a method of service in accordance with Government Code, §2001.142. To accept the agreed order, the respondent must sign it and return it to the board staff within 10 days after receipt. Inaction by the respondent constitutes rejection. If the respondent rejects the proposed settlement, the matter shall be referred to the investigation committee, the executive director, or staff for appropriate action.(c) The proposed agreed order with the signature of the respondent will be presented to the board. The proposed agreed order shall have no effect until such time as the board may, at a regularly scheduled meeting, take action approving the agreed order. If approved by the board, the chair of the board is authorized to sign the agreed order on behalf of the board. When the board has approved and signed an agreed order, the board order will be sent to the licensee.(d) The respondent shall be notified of the date, time, and place of the board meeting at which the proposed agreed order will be considered. Attendance by the licensee or applicant is voluntary.(e) Consideration by the board.(1) The name and license number of the licensee or the name of the applicant will not be made available to the board until after the board has reviewed and made a decision on the agreed order.(2) Upon an affirmative majority vote, the board shall approve the agreed order, and the chairperson of the board will sign it on behalf of the board. The final board order will be provided to the respondent.(3) If the board does not approve the agreed order, the matter may be referred to the investigation committee, the executive director, or designee for other appropriate action. The respondent and the complainant shall be so informed.", "sourceNote": "Source Note: The provisions of this §343.41 adopted to be effective January 12, 1993, 18 TexReg 64; amended to be effective November 11, 1993, 18 TexReg 7554; amended to be effective May 8, 1996, 21 TexReg 3710; amended to be effective September 1, 2023, 48 TexReg 4256." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221641", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.42", "label": "Commencement of Disciplinary Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221675", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a complaint is not resolved informally, the staff may commence disciplinary proceedings by filing written charges.(b) The charges shall contain the following information:(1) the name of the respondent;(2) a statement of the conduct alleged to be in violation of the act or of a rule, regulation, or order of the board; and(3) a reference to the section of the act or to the board rule, regulation, or order which respondent is alleged to have violated.", "sourceNote": "Source Note: The provisions of this §343.42 adopted to be effective April 12, 1995, 20 TexReg 2386." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221675", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.48", "label": "Dismissal of Complaint" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221643", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints may be dismissed for the following reasons:(1) no evidence available;(2) unable to locate;(3) insufficient evidence;(4) other reasons which the Investigation Committee believe justify dismissal.(b) Upon the decision of the Investigation Committee to dismiss a complaint, the person who filed the complaint is provided with a letter explaining why the complaint has been dismissed.(c) At least four times a year the board is provided with a list of the complaints that were dismissed and the reasons for the dismissals.", "sourceNote": "Source Note: The provisions of this §343.48 adopted to be effective April 12, 1995, 20 TexReg 2386; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221643", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.49", "label": "Disposal of Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221676", "queryAsDate": "03/11/2026" }, "ruleBody": "At least annually, the board will advise the executive council of complaints which have been disposed.", "sourceNote": "Source Note: The provisions of this §343.49 adopted to be effective April 12, 1995, 20 TexReg 2386." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221676", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.50", "label": "Request for Reinstatement of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the expiration of 180 days from the date of revocation, the Investigation Committee may consider a request for reinstatement by the former licensee.(b) The request for reinstatement must be submitted to the agency in writing and should include a short and plain statement of the reasons why the requestor believes the license should be reinstated.(c) Upon denial of any request for reinstatement, the board may not consider a subsequent request until the expiration of one year from the date of denial of the prior request.(d) In taking action to revoke a license, the board may, in its discretion, specify the terms and conditions upon which reinstatement shall be considered.", "sourceNote": "Source Note: The provisions of this §343.50 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective January 12, 1993, 18 TexReg 64; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221677", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.51", "label": "Evaluation for Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221678", "queryAsDate": "03/11/2026" }, "ruleBody": "In considering reinstatement of a revoked or voluntarily surrendered license, the board will evaluate:(1) the severity of the act which resulted in revocation or voluntary surrender of the license;(2) the conduct of the applicant subsequent to the revocation or voluntary surrender of license;(3) the lapse of time since revocation or voluntary surrender;(4) the degree of compliance with all conditions the board may have stipulated as a prerequisite for reinstatement;(5) the degree of rehabilitation attained by the applicant as evidenced by statements sent directly to the board from qualified people who have personal and professional knowledge of the applicant; and(6) the applicant's present qualifications to practice physical therapy based on his/her history of physical therapy related employment or education.", "sourceNote": "Source Note: The provisions of this §343.51 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221678", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.52", "label": "Procedure upon Request for Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221679", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for reinstatement of a revoked license must personally appear before the Investigation Committee at a scheduled date and time to show why the license should be reinstated.(b) The applicant has the burden of proof to show present fitness and/or rehabilitation to practice physical therapy.(c) Where the applicant's license has been revoked or voluntarily surrendered based on a finding, admission, or allegation that the applicant was unfit to practice physical therapy by reasons of intemperate use of alcohol or drugs, misappropriation of controlled substances, an adjudication of mental incompetence, or the existence of any mental disorder, the applicant must submit a written psychiatric or psychological evaluation or written medical evaluation. Said evaluations shall be obtained solely at the applicant's expense and forwarded directly to the agency by the examiner. The psychiatric or psychological evaluation must be prepared by a licensed psychiatrist or psychologist and the medical evaluation must be prepared by a licensed physician. Said reports shall include such information as the agency may specifically require with notice to the applicant.(d) Upon receipt of a written request for reinstatement and all information required by subsection (c) of this section, the applicant will be notified of the date and time of an appearance before the Investigation Committee.", "sourceNote": "Source Note: The provisions of this §343.52 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221679", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.53", "label": "Board Action upon Reinstatement of Revoked or Voluntarily Surrendered License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221648", "queryAsDate": "03/11/2026" }, "ruleBody": "After evaluation, the board may:(1) deny reinstatement of a revoked license;(2) reinstate a revoked license;(3) require the satisfactory completion of a pending Agreed Order, or a specific program or remedial education approved by the board; and(4) require monitoring of the applicant's physical therapy practice as specified by the board.", "sourceNote": "Source Note: The provisions of this §343.53 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221648", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.54", "label": "Reinstatement of Suspended License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221681", "queryAsDate": "03/11/2026" }, "ruleBody": "A suspended license is immediately reinstated at the end of the suspension period.", "sourceNote": "Source Note: The provisions of this §343.54 adopted to be effective January 7, 1992, 16 TexReg 7645." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221681", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.55", "label": "Failure To Appear" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221680", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant for reinstatement of a revoked or voluntarily surrendered license who makes a commitment to appear before the board, and fails to appear at a hearing set with notice by the agency, shall not be authorized to appear before the board before the expiration of six months. For good cause shown, the executive director may authorize an exception to this rule.", "sourceNote": "Source Note: The provisions of this §343.55 adopted to be effective January 7, 1992, 16 TexReg 7645; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221680&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221680", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "343", "label": "CONTESTED CASE PROCEDURE" }, "rule": { "number": "§343.56", "label": "Monitoring of Licensees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201534", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee who is ordered by the board to perform certain acts will be monitored by the agency to ensure that the required acts are completed per the order of the board.", "sourceNote": "Source Note: The provisions of this §343.56 adopted to be effective April 12, 1995, 20 TexReg 2386; amended to be effective November 15, 2024, 49 TexReg 8912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201534&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201534", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "344", "label": "ADMINISTRATIVE FINES AND PENALTIES" }, "rule": { "number": "§344.1", "label": "Administrative Fines and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "218036", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any physical therapist or physical therapist assistant who violates any provision of these rules, or any provision of the Physical Therapy Practice Act shall be, at the discretion of the Board, subject to the following penalties.(1) The Board may impose suspension or revocation of a license, or other disciplinary action including probation, tutorial hours and additional education.(2) The Board may assess fines, not to exceed $200 for each day of the offense, based on the following schedule:(A) first offense: $100-$1,000;(B) subsequent offense: $200-$5,000.(b) The board may expunge any record of disciplinary action taken against a license holder before September 1, 2019, for practicing in a facility that failed to meet the registration requirements of Occupations Code, Section 453.213, as that section existed on January 1, 2019. The board may not expunge a record under this section after September 1, 2021.(c) The Board shall utilize the following Schedule of Sanctions in all disciplinary matters.Attached Graphic(d) Assessment of the penalties will follow procedures as established in §343.41 of this title (relating to Agreed Orders). The Board shall consider the following factors in conjunction with the Schedule of Sanctions when determining the appropriate penalty/sanction in disciplinary matters:(1) the seriousness of the violation, including:(A) the nature, circumstances, extent, and gravity of the violation; and(B) the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2) the history of previous violations;(3) the amount necessary to deter future violations;(4) efforts to correct the violation;(5) the economic harm to the public interest or public confidence caused by the violation;(6) whether the violation was intentional; and(7) any other matter that justice may require.(e) The provisions of subsections (a) - (d) of this section shall not be construed so as to prohibit other appropriate civil or criminal action and remedy and enforcement under other laws.", "sourceNote": "Source Note: The provisions of this §344.1 adopted to be effective October 6, 1998, 23 TexReg 9978; amended to be effective November 11, 2018, 43 TexReg 7355; amended to be effective September 1, 2019, 44 TexReg 4184; amended to be effective November 1, 2020, 45 TexReg 7588." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=218036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "218036", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "346", "label": "PRACTICE SETTINGS FOR PHYSICAL THERAPY" }, "rule": { "number": "§346.1", "label": "Educational Settings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "28203", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the educational setting, the physical therapist conducts appropriate screenings, evaluations, and assessments to determine needed services to fulfill educational goals. When a student is determined by the physical therapist to be eligible for physical therapy as a related service under Part B of the Individuals with Disabilities Education Act (IDEA), 20 USC §1414, or Section 504 of the Americans with Disabilities Act, as Amended, the physical therapist provides written recommendations to the Admissions Review and Dismissal Committee or the Section 504 Committee as to the amount of specific services needed by the student (i.e., direct and/or indirect services, as well as the frequency, duration, and location of services).(b) The physical therapist implements physical therapy services in accordance with the decisions of the school committee members and as reflected in the student's Admission Review and Dismissal Committee or Section 504 Committee reports. The physical therapist may implement services by delegating treatment to a PTA under their supervision.(c) The physical therapist may provide general consultation, coaching, professional development, or other physical therapy program services for school administrators, educators, assistants, parents and others to address district, campus, classroom or student-centered issues. For the student who is eligible to receive physical therapy as a related service, the physical therapist will also provide the direct and/or indirect types of specific services needed to implement specially designed goals and objectives included in the student's Individualized Education Program or the 504 Plan.(d) The types of services which may require a physician's referral in the educational setting include direct physical modeling or hands-on demonstration of activities with a student who has been determined eligible to receive physical therapy as a related service under the IDEA or under Section 504. Additionally, they may include the direct provision of activities which are of such a nature that they are only conducted with the eligible student by a physical therapist or physical therapist assistant. The physical therapist should refer to §322.1 of this title (relating to Provision of Services).(e) Evaluation and reevaluation in the educational setting will be conducted in accordance with federal mandates under Part B of the Individuals with Disabilities Education Act (IDEA), 20 USC §1414, or under Section 504 when warranted by a change in the child's condition, and include reexamination of the child. The Plan of Care (Individual Education Program or Section 504 Plan) must be reviewed by the PT at least every 60 school days, or concurrent with every visit if the student is seen at intervals greater than 60 school days, to determine if revisions are necessary prior to continuation of treatment by a physical therapist assistant.", "sourceNote": "Source Note: The provisions of this §346.1 adopted to be effective November 11, 1993, 18 TexReg 7555; amended to be effective November 6, 1995, 20 TexReg 8794; amended to be effective April 28, 1997, 22 TexReg 3589; amended to be effective November 29, 2004, 29 TexReg 11032; amended to be effective March 5, 2007, 32 TexReg 1075; amended to be effective February 13, 2012, 37 TexReg 690; amended to be effective September 29, 2013, 38 TexReg 6203; amended to be effective May 15, 2024, 49 TexReg 3287." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=28203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "28203", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "346", "label": "PRACTICE SETTINGS FOR PHYSICAL THERAPY" }, "rule": { "number": "§346.2", "label": "Other Practice Settings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214397", "queryAsDate": "03/11/2026" }, "ruleBody": "Other practice settings for physical therapy include but are not limited to: hospital, private clinic, industry, home health, and nursing home.", "sourceNote": "Source Note: The provisions of this §346.2 adopted to be effective November 11, 1993, 18 TexReg 7555." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214397&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214397", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "346", "label": "PRACTICE SETTINGS FOR PHYSICAL THERAPY" }, "rule": { "number": "§346.3", "label": "Early Childhood Intervention (ECI) Setting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the provision of early childhood services through the Early Childhood Intervention (ECI) program, the physical therapist conducts appropriate screenings, evaluations, and assessments to determine needed services to fulfill family-centered goals. When a child is determined by the PT to be eligible for physical therapy, the PT provides written recommendations to the Interdisciplinary Team as to the amount of specific services needed by the child.(b) Subject to the provisions of §322.1 of this title (relating to Provision of Services), the PT implements physical therapy services in accordance with the recommendations accepted by the Interdisciplinary Team, as stated in the Individual Family Service Plan (IFSP).(c) The types of services which require a referral from a qualified licensed healthcare practitioner include the provision of individualized specially designed instructions, direct physical modeling or hands-on demonstration of activities with a child who has been determined eligible to receive physical therapy. Additionally, a referral is required for services that include the direct provision of treatment and/or activities which are of such a nature that they are only conducted with the child by a physical therapist or physical therapist assistant.(d) The physical therapist may provide general consultation or other program services to address child/family-centered issues.(e) Evaluation and reevaluation in the early childhood intervention setting will be conducted in accordance with the Early Intervention Program for Infants and Toddlers with Disabilities, 34 CFR Subtitle B, Chapter III, Part 303.321, and must include direct physical therapist-to-child interaction.(f) The Plan of Care (Individual Family Service Plan) must be reviewed by the PT at least every 60 days, or concurrent with every visit if the child is seen at intervals greater than 60 days, prior to continuation of treatment by a PTA. Any modification or revision of physical therapy services identified during the review should be recommended to the Interdisciplinary Team.", "sourceNote": "Source Note: The provisions of this §346.3 adopted to be effective October 13, 2002, 27 TexReg 9327; amended to be effective August 4, 2004, 29 TexReg 7303; amended to be effective March 5, 2007, 32 TexReg 1075; amended to be effective February 13, 2012, 37 TexReg 690; amended to be effective September 29, 2013, 38 TexReg 6204; amended to be effective May 17, 2015, 40 TexReg 2668; amended to be effective September 1, 2023, 48 TexReg 4257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191865", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "348", "label": "PHYSICAL THERAPY LICENSURE COMPACT" }, "rule": { "number": "§348.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Physical Therapy Compact--an agreement between member states to improve access to physical therapy services for the public by increasing the mobility of eligible physical therapy providers to work in multiple states.(b) Compact Privilege--the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules.", "sourceNote": "Source Note: The provisions of this §348.1 adopted to be effective August 19, 2018, 43 TexReg 5367." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191866", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "16", "label": "TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS" }, "chapter": { "number": "348", "label": "PHYSICAL THERAPY LICENSURE COMPACT" }, "rule": { "number": "§348.2", "label": "Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223694", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee from another member state who is providing physical therapy in Texas under a compact privilege must comply with the laws and regulations set forth in:(1) Title 3, Subtitle H, Chapter 453, Texas Occupations Code (PT Practice Act); and(2) Title 22, Part 16, Texas Administrative Code (PT Rules).(b) Any violation of the PT Practice Act and/or the PT Rules could subject the compact privilege holder to disciplinary action by the PT Board and loss of the Compact Privilege.", "sourceNote": "Source Note: The provisions of this §348.2 adopted to be effective August 19, 2018, 43 TexReg 5367." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223694&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223694", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184932", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:(1) APA--The Administrative Procedure Act, Chapter 2001 of the Texas Government Code.(2) Adopted Plumbing Code--A plumbing code, including a fuel gas code adopted by the Board or a political subdivision, in compliance with §1301.255 and §1301.551 of the Plumbing License Law.(3) Advisory Committee--A committee appointed by the presiding officer of the board created to assist the board in exercising its powers and duties.(4) Appliance Connection--An appliance connection procedure using only a code-approved appliance connector that does not require cutting into or altering the existing plumbing system.(5) Applicant--An individual seeking to obtain a license, registration or endorsement issued by the Board.(6) Board--The Texas State Board of Plumbing Examiners.(7) Board Member--An individual appointed by the governor and confirmed by the senate to serve on the Board.(8) Building Sewer--The part of the sanitary drainage system outside of the building, which extends from the end of the building drain to a public sewer, private sewer, private sewage disposal system, or other point of sewage disposal.(9) Certificate of Insurance--A form submitted to the Board certifying that the Responsible Master Plumber carries insurance coverage as specified in the Plumbing License Law and Board Rules.(10) Chief Examiner--An employee of the Board who, under the direction of the Executive Director, coordinates and supervises the activities of the Board examinations and registrations.(11) Cleanout--A fitting, other than a p-trap, approved by the adopted plumbing code and designed to be installed in a sanitary drainage system to allow easy access for cleaning the sanitary drainage system.(12) Code-Approved Appliance Connector--A semi-rigid or flexible assembly of tube and fittings approved by the adopted plumbing code and designed for connecting an appliance to the existing plumbing system without cutting into or altering the existing plumbing system.(13) Code-Approved Existing Opening--For the purposes of drain cleaning activities described in §1301.002(3) of the Plumbing License Law, a code-approved existing opening is any existing cleanout fitting, inlet of any p-trap or fixture, or vent terminating into the atmosphere that has been approved and installed in accordance with the adopted plumbing code.(14) Complaint--A written complaint filed with the Board against a person whose activities are subject to the jurisdiction of the Board.(15) Contested Case--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Board after an opportunity for adjudicative hearing.(16) Continuing Professional Education or CPE--Approved courses/programs required for a licensee or registrant.(17) Director of Enforcement--An employee of the Board who meets the definition of \"Field Representative\" and, under the direction of the Executive Director, coordinates and supervises the activities of the Field Representatives.(18) Direct Supervision--(A) The on-the-job oversight and direction of a registered Plumber's Apprentice or licensee performing plumbing work by a licensed plumber who is fulfilling his or her responsibility to the client and employer by ensuring the following:(i) that the plumbing materials for the job are properly prepared prior to assembly according to the material manufacturers recommendations and the requirements of the adopted plumbing code; and(ii) that the plumbing work for the job is properly installed to protect health and safety by meeting the requirements of the adopted plumbing code and all requirements of local and state ordinances, regulations and laws.(iii) Direct supervision may include remote virtual audio-visual, real-time communication for repair and replacement of existing fixtures, not involving gas appliances, on one and two family dwellings performed only by licensees and registrants with:(I) 4000 hours of documented experience;(II) a current Residential Utilities Installer Registration; and(III) a current Drain Cleaner registration.(B) The on-the-job oversight and direction by a licensed Plumbing Inspector of an individual training to qualify for the Plumbing Inspector Examination.(C) For plumbing work performed only in the construction of a new one-family or two-family dwelling in an unincorporated area of the state, a Responsible Master Plumber is not required to provide for the continuous or uninterrupted on-the-job oversight of a Registered Plumber's Apprentice's work by a licensed plumber, however, the Responsible Master Plumber must:(i) provide for the training and management of the Registered Plumber's Apprentice by a licensed plumber;(ii) provide for the review and inspection of the Registered Plumber's Apprentice's work by a licensed plumber to ensure compliance with subparagraph (A)(i) and (ii) of this paragraph; and(iii) upon request by the Board, provide the name and plumber's license number of the licensed plumber who is providing on-the-job training and management of the Registered Plumber's Apprentice and who is reviewing and inspecting the Registered Plumber's Apprentice's work on the job, or the name and plumber's license number of the licensed plumber who trained and managed the Registered Plumber's Apprentice and who reviewed and inspected the Registered Plumber's Apprentice's work on a job.(19) Endorsement--A certification issued by the Board as an addition to a Master Plumber, Plumbing Inspector, or Journeyman Plumber License or a Plumber's Apprentice Registration, including a Drain Cleaner Registration, a Drain Cleaner-Restricted Registration, and a Residential Utilities Installer Registration.(20) Executive Director--The executive director of the Texas State Board of Plumbing Examiners who is employed by the Board as the executive head of the agency.(21) Field Representative--An employee of the Board who is:(A) knowledgeable of the Plumbing License Law and of municipal ordinances related to plumbing;(B) qualified by experience and training in good plumbing practice and compliance with the Plumbing License Law;(C) designated by the Board to assist in the enforcement of the Plumbing License Law and Board rules;(D) licensed by the Board as a plumber; and(E) hired to:(i) make on-site license and registration checks to determine compliance with the Plumbing License Law;(ii) investigate complaints; and(iii) assist municipal plumbing inspectors in cooperative enforcement of the Plumbing License Law.(22) Journeyman Plumber--An individual licensed under the Plumbing License Law who has met the qualifications for registration as a Plumber's Apprentice or for licensure as a Tradesman Plumber-Limited, who has completed at least 8,000 hours working under the supervision of a Responsible Master Plumber, who supervises, engages in, or works at the actual installation, alteration, repair, service and renovating of plumbing, and who has successfully fulfilled the examinations and requirements of the Board.(23) License--A license, registration, certification, or endorsement issued by the Board.(24) Licensing and Registering--The process of granting, denying, renewing, reinstating, revoking, or suspending a license, registration or endorsement.(25) Maintenance Man or Maintenance Engineer--An individual who:(A) is an employee, and not an independent contractor or subcontractor;(B) performs plumbing maintenance work incidental to and in connection with other employment-related duties; and(C) does not engage in plumbing work for the general public.(D) For the purposes of paragraph 25(B), \"incidental to and in connection with\" includes the repair, maintenance and replacement of existing potable water piping, existing sanitary waste and vent piping, existing plumbing fixtures and existing water heaters. It does not include cutting into fuel gas plumbing systems and the installation of gas fueled water heaters.(E) An individual who erects, builds, or installs plumbing not already in existence may not be classified as a maintenance man or maintenance engineer. Plumbing work performed by a maintenance man or maintenance engineer is not exempt from state law and municipal rules and ordinances regarding plumbing codes, plumbing permits and plumbing inspections.(26) Master Plumber--An individual licensed under the Plumbing License Law who is skilled in the design, planning, superintending, and the practical installation, repair, and service of plumbing, who is knowledgeable about the codes, ordinances, or rules and regulations governing those matters, who alone, or through an individual or individuals under his supervision, performs plumbing work, and who has successfully fulfilled the examinations and requirements of the Board.(27) Medical Gas Piping Installation Endorsement--(A) A certification entitling the holder of a Master or Journeyman Plumber License to install piping that is used solely to transport gases used for medical purposes including, but not limited to, oxygen, nitrous oxide, medical air, nitrogen, or medical vacuum.(B) A certification entitling the holder of a Plumbing Inspector License to inspect medical gas and vacuum system installations. (28) Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement--(A) A certification entitling the holder of a Master or Journeyman Plumber License to install a multipurpose residential fire protection sprinkler system in a one or two family dwelling.(B) A certification entitling the holder of a Plumbing Inspector License to inspect a multipurpose residential fire protection sprinkler system.(29) Military service member--A person who is currently serving in the armed forces of the United States, in a reserve component of the armed forces of the United States, including the National Guard, or in the state military service of any state.(30) Military spouse--A person who is married to a military service member who is currently on active duty.(31) Military veteran--A person who has served in the army, navy, air force, marine corps, or coast guard of the United States, or in an auxiliary service of one of those branches of the armed forces.(32) One-Family Dwelling--A detached structure designed for the residence of a single family that does not have the characteristics of a multiple family dwelling, and is not primarily designed for transient guests or for providing services for rehabilitative, medical, or assisted living in connection with the occupancy of the structure.(33) Party--A person or state agency named or admitted as a party to a contested case.(34) Paid Directly--As related to §1301.255(e) of the Plumbing License Law, \"paid\" and \"directly\" have the common meanings and \"paid directly\" means that compensation for plumbing inspections must be paid by the political subdivision to the individual Licensed Plumbing Inspector who performed the plumbing inspections or the plumbing inspection business which utilized the plumbing inspector to perform the inspections.(35) Person--An individual, partnership, corporation, limited liability company, association, governmental subdivision or public or private organization of any character other than an agency.(36) Petitioner--A person requesting the Board to adopt, amend or repeal a rule pursuant to §2001.021 of the Texas Government Code and the Board Rules.(37) Plumbing--(A) All piping, fixtures, appurtenances, and appliances, including disposal systems, drain or waste pipes, multipurpose residential fire protection sprinkler systems or any combination of these that: supply, distribute, circulate, recirculate, drain, or eliminate water, gas, medical gasses and vacuum, liquids, and sewage for all personal or domestic purposes in and about buildings where persons live, work, or assemble; connect the building on its outside with the source of water, gas, or other liquid supply, or combinations of these, on the premises, or the water main on public property; and carry waste water or sewage from or within a building to the sewer service lateral on public property or the disposal or septic terminal that holds private or domestic sewage.(B) The installation, repair, service, maintenance, alteration, or renovation of all piping, fixtures, appurtenances, and appliances on premises where persons live, work, or assemble that supply gas, medical gasses and vacuum, water, liquids, or any combination of these, or dispose of waste water or sewage. Plumbing includes the treatment of rainwater to supply a plumbing fixture or appliance. The term \"service\" includes, but is not limited to, cleaning a drain or sewer line using a cable or pressurized fluid.(38) Plumbing Company--A person who engages in the plumbing business.(39) Plumbing Inspection--Any of the inspections required in the Plumbing License Law, including any check of multipurpose residential fire protection sprinkler systems, pipes, faucets, tanks, valves, water heaters, plumbing fixtures and appliances by and through which a supply of water, gas, medical gasses or vacuum, or sewage is used or carried that is performed on behalf of any political subdivision, public water supply, municipal utility district, town, city or municipality to ensure compliance with the adopted plumbing and gas codes and ordinances regulating plumbing.(40) Plumbing Inspector--Any individual who is employed by a political subdivision or state agency, or who contracts as an independent contractor with a political subdivision or state agency, for the purpose of inspecting plumbing work and installations in connection with health and safety laws, ordinances, and plumbing and gas codes, who has no financial or advisory interests in any plumbing company, and who has successfully fulfilled the examinations and requirements of the Board.(41) Plumbing License Law or PLL--Chapter 1301 of the Texas Occupations Code.(42) Pocket Card--A card issued by the Board which:(A) certifies that the holder has a Responsible Master Plumber License, Master Plumber License, Journeyman Plumber License, Tradesman Plumber-Limited License, Plumbing Inspector License, or a Plumber's Apprentice Registration; and(B) lists any Endorsements obtained by the holder.(43) Political Subdivision--A political subdivision of the State of Texas that includes a:(A) city;(B) county;(C) school district;(D) junior college district;(E) municipal utility district;(F) levee improvement district;(G) drainage district;(H) irrigation district;(I) water improvement district;(J) water control improvement district;(K) water control preservation district;(L) freshwater supply district;(M) navigation district;(N) conservation and reclamation district;(O) soil conservation district;(P) communication district;(Q) public health district;(R) river authority; and(S) any other governmental entity that:(i) embraces a geographical area with a defined boundary; (ii) exists for the purpose of discharging functions of government; and(iii) possesses authority for subordinate self-government through officers selected by it.(44) P-Trap--A fitting connected to the sanitary drainage system for the purpose of preventing the escape of sewer gasses from the sanitary drainage system and designed to be removed to allow for cleaning of the sanitary drainage system. For the purposes of drain cleaning activities described in §1301.002(2) of the Plumbing License Law, a p-trap includes any integral trap of a water closet, bidet, or urinal.(45) Public Water System--A system for the provision to the public of water for human consumption through pipes or other constructed conveyances. Such a system must have at least 15 service connections or serve at least 25 individuals at least 60 days out of the year. Two or more systems with each having a potential to serve less than 15 connections or less than 25 individuals, but owned by the same person, firm, or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are 15 or greater or if the total number of individuals served by the combined systems total 25 or greater, at least 60 days out of the year. Without excluding other meanings of the terms \"individual\" or \"served,\" an individual shall be deemed to be served by a water system if the individual lives in, uses as the individual's place of employment, or works in a place to which drinking water is supplied from the water system.(46) Respondent--A person charged in a complaint filed with the Board.(47) Responsible Master Plumber or RMP--A licensed Master Plumber who:(A) allows the person's Master Plumber License to be used by only one plumbing company for the purpose of offering and performing plumbing work;(B) is authorized to obtain permits for plumbing work;(C) assumes responsibility for plumbing work performed under the person's license;(D) has submitted a certificate of insurance as required by the Plumbing License Law and Board Rules; and(E) When used in Board forms, applications or other communications by the Board, the abbreviation \"RMP\" shall mean Responsible Master Plumber.(48) Registration--A document issued by the Board to certify that the named individual fulfilled the requirements of the PLL and Board Rules to register as a Plumber's Apprentice.(49) Rule--An agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the agency. The term includes the amendment or repeal of a prior rule but does not include statements concerning only the internal management or organization of the agency and not affecting private rights or procedures.(50) Supervision--The general oversight, direction and management of plumbing work and individuals performing plumbing work by a Responsible Master Plumber, or licensed plumber designated by the RMP.(51) System--An interconnection between one or more public or private end users of water, gas, sewer, or disposal systems that could endanger public health if improperly installed.(52) Tradesman Plumber-Limited Licensee--An individual who has completed at least 4,000 hours working under the direct supervision of a Journeyman or Master Plumber as a registered Plumber's Apprentice, who has passed the required examination and fulfilled the other requirements of the Board, or successfully completed a career and technology education program, who constructs, installs, changes, repairs, services, or renovates plumbing for one-family or two-family dwellings under the supervision of a Responsible Master Plumber, and who has not met or attempted to meet the qualifications for a Journeyman Plumber License.(53) Two-Family Dwelling--A detached structure with separate means of egress designed for the residence of two families (\"duplex\") that does not have the characteristics of a multiple family dwelling and is not primarily designed for transient guests or for providing services for rehabilitative, medical, or assisted living in connection with the occupancy of the structure.(54) Water Supply Protection Specialist--A Master or Journeyman Plumber who holds the Water Supply Protection Specialist Endorsement issued by the Board to engage in customer service inspections, as defined by rule of the Texas Commission on Environmental Quality, and the installation, service, and repair of plumbing associated with the treatment, use, and distribution of rainwater to supply a plumbing fixture or appliance.(55) Water Treatment--A business conducted under contract that requires experience in the analysis of water, including the ability to determine how to treat influent and effluent water, to alter or purify water, and to add or remove a mineral, chemical, or bacterial content or substance. The term also includes the installation and service of potable water treatment equipment in public or private water systems and making connections necessary to complete installation of a water treatment system. The term does not include treatment of rainwater or the repair of systems for rainwater harvesting.(56) Yard Water Service Piping--The building supply piping carrying potable water from the water meter or other source of water supply to the point of connection to the water distribution system at the building.", "sourceNote": "Source Note: The provisions of this §361.1 adopted\r\nto be effective May 18, 1982, 7 TexReg 1748; amended to be effective\r\nAugust 25, 1993, 18 TexReg 5399; amended to be effective December\r\n8, 1993, 18 TexReg 8785; amended to be effective April 15, 1994, 19\r\nTexReg 2279; amended to be effective August 8, 1994, 19 TexReg 5709;\r\namended to be effective June 7, 1996, 21 TexReg 4686; amended to be\r\neffective February 27, 1997, 22 TexReg 1807; amended to be effective\r\nApril 9, 1998, 23 TexReg 3445; amended to be effective June 1, 1999,\r\n24 TexReg 4008; amended to be effective August 3, 2000, 25 TexReg\r\n7176 ; amended to be effective December 30, 2001, 26 TexReg 10574;\r\namended to be effective February 12, 2004, 29 TexReg 1199; amended\r\nto be effective August 11, 2004, 29 TexReg 7700; amended to be effective\r\nOctober 30, 2007, 32 TexReg 7687; amended to be effective February\r\n3, 2011, 36 TexReg 420; amended to be effective February 6, 2012,\r\n37 TexReg 485; amended to be effective February 14, 2013, 38 TexReg\r\n640; amended to be effective February 11, 2014, 39 TexReg 655; amended\r\nto be effective February 9, 2016, 41 TexReg 967; amended to be effective\r\nSeptember 1, 2017, 42 TexReg 3770; amended to be effective August\r\n16, 2020, 45 TexReg 5514; amended to be effective November 23, 2022,\r\n47 TexReg 7685; amended to be effective August 7, 2023, 48 TexReg\r\n4257; amended to be effective February 2, 2025, 50 TexReg 552." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184932", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.2", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184933", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of these sections is to provide standards and procedures to implement and enforce the provisions of the PLL, APA, and all other laws applicable to the examination and licensing of plumbers and plumbing inspectors of Texas.", "sourceNote": "Source Note: The provisions of this §361.2 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective September 1, 2017, 42 TexReg 3770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184933", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.3", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214399", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board shall apply these sections to all individuals engaged in plumbing work and plumbing inspection in Texas, with the exceptions Source Noted in the PLL and Board Rules.", "sourceNote": "Source Note: The provisions of this §361.3 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective September 1, 2017, 42 TexReg 3770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214399", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.4", "label": "The Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184934", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall hold meetings and conduct business in accordance with all applicable laws, these sections, and any procedures it may establish to discharge its functions.", "sourceNote": "Source Note: The provisions of this §361.4 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective August 7, 2023, 48 TexReg 4257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184934", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.5", "label": "Administration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214400", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board shall delegate to its employees, under the direction of the Executive Director, those functions appropriate to the daily conduct of the Board's business of carrying out the purposes of all applicable laws and of these rules.", "sourceNote": "Source Note: The provisions of this §361.5 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective August 25, 1993, 18 TexReg 5399; amended to be effective September 1, 2017, 42 TexReg 3770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214400", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.6", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184935", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall waive the initial license, application and examination fees for military service members, military veterans and military spouses who substantially meet all of the requirements for licensure or examination by the Board.(b) The Board has established the following fees:(1) Initial Licenses, Endorsements and Registrations.(A) Responsible Master Plumber License--$300;(B) Master Plumber License--$75;(C) Journeyman Plumber License--$40;(D) Medical Gas Installation Endorsement (Master)--$55;(E) Medical Gas Installation Endorsement (Journeyman)--$14;(F) Medical Gas Installation Endorsement (Inspector)--$27.50;(G) Plumbing Inspector License--$55;(H) Water Supply Protection Specialist Endorsement (Journeyman)--$14;(I) Water Supply Protection Specialist Endorsement (Master)--$55;(J) Water Supply Protection Specialist Endorsement (Inspector)--$27.50;(K) Tradesman Plumber-Limited License--$35;(L) Plumber's Apprentice Registration/Application--$15;(M) Residential Utilities Installer Registration/Application--$18;(N) Drain Cleaner Registration/Application--$18;(O) Drain Cleaner-Restricted Registration/Application--$18;(P) Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement (Master)--$55;(Q) Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement (Journeyman)--$14;(R) Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement (Inspector)--$27.50.(2) Examinations.(A) Master Plumber--$175;(B) Journeyman Plumber--$40;(C) Medical Gas Piping Installation Endorsement (Master)--$80;(D) Medical Gas Piping Installation Endorsement (Journeyman)--$27;(E) Medical Gas Piping Installation Endorsement (Inspector)--$40;(F) Plumbing Inspector--$55;(G) Water Supply Protection Specialist Endorsement (Journeyman)--$27;(H) Water Supply Protection Specialist Endorsement (Master)--$80;(I) Water Supply Protection Specialist Endorsement (Inspector)--$40;(J) Tradesman Plumber-Limited License--$36;(K) Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement (Master)--$80;(L) Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement (Journeyman)--$27; and(M) Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement (Inspector)--$40.(3) Renewals.(A) Responsible Master Plumber License--$300;(B) Master Plumber License--$75;(C) Journeyman Plumber License--$40;(D) Plumbing Inspector License--$55;(E) Plumbing Inspector with a Master and/or Journeyman License--$55;(F) Master Plumber with Journeyman Plumber License--$75;(G) Tradesman Plumber-Limited License--$35;(H) Plumber's Apprentice Registration--$15;(I) Residential Utilities Installer Registration--$18;(J) Drain Cleaner Registration--$18; and(K) Drain Cleaner-Restricted Registration--$18;(4) Other Fees.(A) Late renewal(i) Responsible Master Plumber License:(I) less than 90 days--one-half renewal fee--$150;(II) more than 90 days--renewal fee--$300;(ii) Master Plumber License:(I) less than 90 days--one-half renewal fee--$37.50;(II) more than 90 days--renewal fee--$75;(iii) Journeyman Plumber License:(I) less than 90 days--one-half renewal fee--$20;(II) more than 90 days--renewal fee--$40;(iv) Plumbing Inspector License:(I) less than 90 days--one half renewal fee--$27.50;(II) more than 90 days--renewal fee--$55;(v) Master Plumber License with Journeyman Plumber License:(I) less than 90 days--one half renewal fee--$37.50;(II) more than 90 days--renewal fee--$75;(vi) Plumbing Inspector License with Master and/or Journeyman Plumber License:(I) less than 90 days--one half renewal fee--$27.50;(II) more than 90 days--renewal fee--$55;(vii) Tradesman Plumber-Limited License:(I) less than 90 days--one half renewal fee--$17.50;(II) more than 90 days--renewal fee--$35;(viii) Plumber's Apprentice Registration:(I) less than 90 days--one half renewal fee--$7.50;(II) more than 90 days--renewal fee--$15;(ix) Residential Utilities Installer Registration:(I) less than 90 days--one half renewal fee--$9;(II) more than 90 days--renewal fee--$18;(x) Drain Cleaner Registration:(I) less than 90 days--one half renewal fee--$9;(II) more than 90 days--renewal fee--$18;(xi) Drain Cleaner-Restricted Registration:(I) less than 90 days--one half renewal fee--$9;(II) more than 90 days--renewal fee--$18.(B) Instructor Certification Training (Per Day)--$150.(C) Duplicate Pocket Card--$25.(D) Returned check--$25.(E) Fees for a provisional license issued under §1301.358 of the Plumbing License Law are equal to the initial license fees established in paragraph (1) of this subsection.(F) Fees for a provisional registration issued under §53.0211(c) of the Texas Occupations Code are equal to the initial registration fees established in paragraph (1) of this subsection.(G) Transfer of License--$500.(H) License Verification--$15.(c) Methods of payment(1) Fees paid electronically through the Texas Online website, which may be accessed from the Texas State Board of Plumbing Examiners' website, may be made in the form of credit card or check.(2) Fees paid by mail or in person may be made in the form of money order, cashier's check, personal check, business check, or the exact amount of cash (cash payments by mail are not recommended).(3) An individual shall pay the appropriate examination fee prior to the time of examination, or, the appropriate initial licensure or renewal fee prior to issuance of a license, registration, endorsement or renewal.(4) The Board, under any special circumstances it finds appropriate, may:(A) waive any requirements concerning the method or timing of payment of any fee;(B) refund any fee; or(C) waive payment of any fee not required by statute.(5) Any fee paid for a license, endorsement or registration, which has been denied or revoked due to a criminal conviction under §363.15 of the Board Rules or any violation of the Plumbing License Law or Board Rules shall not be refunded.", "sourceNote": "Source Note: The provisions of this §361.6 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective December 5, 1989, 14 TexReg 6129; amended to be effective August 25, 1993, 18 TexReg 5399; amended to be effective December 8, 1993, 18 TexReg 8785; amended to be effective August 8, 1994, 19 TexReg 5709; amended to be effective August 7, 1995, 20 TexReg 5501; amended to be effective June 7, 1996, 21 TexReg 4686; amended to be effective February 27, 1997, 22 TexReg 1807; amended to be effective September 15, 1997, 22 TexReg 8999; amended to be effective January 31, 1999, 24 TexReg 557; amended to be effective June 1, 1999, 24 TexReg 4009; amended to be effective December30, 2001, 26 TexReg 10574; amended to be effective August 1, 2002, 27 TexReg 6504; amended to be effective September 1, 2003, 28 TexReg 6025; amended to be effective February 12, 2004, 29 TexReg 1199; amended to be effective September 1, 2004, 29 TexReg 7700; amended to be effective October 2, 2005, 30 TexReg 6052; amended to be effective November 1, 2009, 34 TexReg 7648; amended to be effective May 2, 2010, 35 TexReg 3497; amended to be effective November 2, 2011, 36 TexReg 7325; amended to be effective August 12, 2012, 37 TexReg 5770; amended to be effective February 11, 2014, 39 TexReg 656; amended to be effective February 9, 2016, 41 TexReg 968; amended to be effective September 1, 2017, 42 TexReg 3771; amended to be effective November 18, 2020, 45 TexReg 8135; amended to be effective August 7, 2023, 48 TexReg 4257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184935", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.7", "label": "Employee Training and Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184936", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) With the approval of the Executive Director, the Board may make available to its employees funds for training and education in accordance with the Employee Training Act, §§656.041 - 656.049 of the Texas Government Code.(b) In order to be eligible for agency-supported training and education, the employee must demonstrate in writing, to the satisfaction of the Executive Director, that the training or education is related to the duties or prospective duties of the employee.(c) Eligible training and education expenses that are approved by the Executive Director may include, as appropriate, salary, tuition and other fees, travel and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student, or other participant in a training or education program.(d) The Executive Director may determine to pay all or part of the expenses related to training on a reimbursement basis to the employee, upon successful completion of the training.(e) An employee who completes training and education to obtain a degree or certification for which the Board has provided all or part of the required fees must agree in writing to fully repay the Board any amounts paid for educational assistance if the employee voluntarily terminates employment with the agency within one year of course completion.(f) The Executive Director is eligible to receive agency-supported training and education in accordance with this section subject to the approval of the Chairman of the Board.", "sourceNote": "Source Note: The provisions of this §361.7 adopted to be effective October 30, 2007, 32 TexReg 7688; amended to be effective September 1, 2017, 42 TexReg 3770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184936&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184936", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.8", "label": "Forms and Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214401", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board incorporates by reference any rules that may be contained in the following forms and requires the use of these forms in doing business with the agency:(1) Applications for Examination, Registration and Endorsements;(2) Application for Responsible Master Plumber;(3) Employer's Certification;(4) General Complaint;(5) Applications for renewals of Licenses, Registrations and Endorsements;(6) Military Service Member, Veteran, or Military Spouse Supplemental Information;(7) Supplemental Criminal History Information;(8) Application for Nonstandard Testing Accommodations including the Physician or Licensed Health Care Provider;(9) Certificate of Insurance; and(10) Transfer of License Affidavit.", "sourceNote": "Source Note: The provisions of this §361.8 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective September 9, 1982, 7 TexReg 3142; amended to be effective August 25, 1993, 18 TexReg 5399; amended to be effective August 8, 1994, 19 TexReg 5709; amended to be effective June 1, 1999, 24 TexReg 4010; amended to be effective December 30, 2001, 26 TexReg 10574; amended to be effective February 9, 2016, 41 TexReg 968; amended to be effective September 1, 2017, 42 TexReg 3770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214401", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.10", "label": "Historically Underutilized Business (HUB) Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176330", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board adopts by reference the rules of the Texas Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter B (relating to Historically Underutilized Business Program). These rules were promulgated by the Texas Comptroller of Public Accounts under Government Code §2161.002.", "sourceNote": "Source Note: The provisions of this §361.10 adopted to be effective December 14, 1999, 24 TexReg 11104; amended to be effective September 1, 2017, 42 TexReg 3770; amended to be effective August 7, 2023, 48 TexReg 4257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176330", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.11", "label": "State Vehicle Management" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214402", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each state vehicle utilized by the Board, with the exception of a vehicle assigned to a field employee, shall be assigned to the Board's motor pool and be available for checkout by Board employees who are authorized by the Board's Executive Director to use the vehicle.(b) No state vehicle utilized by the Board may be assigned to an individual administrative or executive employee on a regular basis, unless the Board makes a written documented finding that the assignment is critical to the needs of the mission of the Board.(c) The Board's Executive Director shall administer policies and procedures consistent with The Office of Vehicle Fleet Management's State Vehicle Fleet Management Plan.", "sourceNote": "Source Note: The provisions of this §361.11 adopted to be effective May 1, 2001, 26 TexReg 3218; amended to be effective February 9, 2016, 41 TexReg 969." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214402", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.12", "label": "Advisory Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210863", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board may appoint Advisory Committees as it considers necessary for the primary function of advising the Board.", "sourceNote": "Source Note: The provisions of this §361.12 adopted to be effective December 30, 2001, 26 TexReg 10574; amended to be effective February 14, 2013, 38 TexReg 640; amended to be effective September 1, 2017, 42 TexReg 3770; amended to be effective August 7, 2023, 48 TexReg 4257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210863", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.13", "label": "Board Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184940", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board may create committees to assist the Board in exercising its powers and duties. The presiding officer of the Board shall appoint the members of committees.", "sourceNote": "Source Note: The provisions of this §361.13 adopted to be effective November 4, 2003, 28 TexReg 9536; amended to be effective September 1, 2017, 42 TexReg 3770; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184940", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.14", "label": "Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214403", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person who petitions the board in writing to request the adoption, amendment or repeal of rules shall:(1) include a brief statement summarizing the proposed action and detailing its desired effect;(2) include a full justification of the proposed action in narrative form, citing all pertinent facts and circumstances;(3) if proposing an amendment, refer to each existing rule to be amended by title and code number and preface the text to indicate words and punctuation to be added, changed, or deleted;(4) if proposing a new rule, prepare the text of the new rule in the exact form that is desired to be adopted;(5) if proposing a repeal, refer to each existing rule to be repealed by title and code number; and(6) include the petitioner's full name, complete mailing address, and telephone number.(b) Within 60 days of receipt, the Board will either deny the petition in writing, stating its reasons therefore, or will initiate rulemaking proceedings in accordance with Chapter 2001 of the Texas Government Code.", "sourceNote": "Source Note: The provisions of this §361.14 adopted to be effective June 4, 2013, 38 TexReg 3414; amended to be effective September 1, 2017, 42 TexReg 3770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214403", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "361", "label": "ADMINISTRATION" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§361.15", "label": "Election of Board Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The governor shall designate a member of the board as the presiding officer of the Board to serve in that capacity at the pleasure of the governor.(b) The Board shall elect a secretary from its membership.", "sourceNote": "Source Note: The provisions of this §361.15 adopted to be effective June 4, 2013, 38 TexReg 3141; amended to be effective August 7, 2023, 48 TexReg 4257." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184942", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212658", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Application--the information submitted by an individual seeking Board approval to:(A) obtain a license, registration, or endorsement; or(B) take a licensing or endorsement examination administered by the Board.(2) Directly Related to Plumbing--directly related to the duties and responsibilities of the occupation of registered and licensed individuals performing plumbing work and plumbing inspections.", "sourceNote": "Source Note: The provisions of this §363.1 adopted to be effective September 1, 2017, 42 TexReg 3771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212658", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.2", "label": "General Qualifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible to receive any license or registration issued by the Board an applicant must be:(1) a citizen or national of the United States; or(2) an alien or non-immigrant eligible for licensure by the State of Texas.(b) In order to qualify for any license, registration, endorsement, and/or renewal an applicant must:(1) meet all of the requirements of the Board;(2) submit documentation evidencing successful submittal of fingerprints for criminal history background checks as may be required by subsection (f) of this section or the PLL, if applicable;(3) pay the required fee; and(4) successfully complete and pass the examination, if applicable.(c) An applicant may qualify for a Master Plumber License, Journeyman Plumber License, Tradesman Plumber-Limited License, Plumbing Inspector License, or Plumber's Apprentice Registration.(1) A licensed Plumbing Inspector, Master Plumber, or Journeyman Plumber may obtain a Medical Gas Piping Installation Endorsement, Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement, or Water Supply Protection Specialist Endorsement.(2) A Tradesman Plumber-Limited may obtain a Drain Cleaner Registration.(3) A registered Plumber's Apprentice may obtain a Residential Utilities Installer Registration, a Drain Cleaner-Restricted Registration, or a Drain Cleaner Registration.(d) A Plumber's Apprentice or Tradesman Plumber-Limited Licensee applying to take an examination must submit an Employer's Certification Form (ECF) showing that the applicant has accrued the required hours of experience working in the plumbing trade.(1) If the applicant accrued the hours through employment with multiple employers, the applicant must submit a separate ECF completed by each employer the applicant worked for.(2) The ECF shall be completed by the Responsible Master Plumber (RMP) who was the RMP for the company at the time the applicant worked there or the licensee who supervised the applicant on the job.(3) If currently employed, the applicant shall:(A) submit a request for an ECF in writing; and(B) provide an ECF to the RMP or the licensee who supervised the applicant.(4) Once a written request for an ECF is received, the RMP or licensee shall return the completed ECF to the applicant within thirty (30) business days.(5) Upon separation of employment, or the end of a contract, an employer shall automatically provide a completed ECF to a Plumber's Apprentice or Tradesman Plumber-Limited or send it to the Board.(e) To receive credit for experience working in the trade, the applicant must hold either a valid Plumber's Apprentice Registration or Tradesman Plumber-Limited License at the time the hours were worked.(f) Fingerprinting Requirements. In accordance with §1301.4521 and Chapter 53 of the Occupations Code, the Board conducts reviews of individuals seeking licensure by the Board with a criminal background to evaluate their fitness and determine whether their criminal background disqualifies them from being licensed by or registered with the Board. In accordance with §411.122 of the Government Code, the Board is authorized to access criminal background records from the Texas Department of Public Safety (DPS) and Federal Bureau of Investigations to conduct such reviews, including the submittal and registration with DPS of fingerprints from an individual seeking licensure with the Board, in order to obtain such records. Specifically, the Board's fingerprinting requirements are as follows:(1) Fingerprints required. The submittal and registration of fingerprints with DPS is required when applying for the following license or registration types: Master Plumber license, Tradesman Plumber-Limited License, and Journeyman Plumber license.(2) Resubmittal of fingerprints. The requirement to submit and register fingerprints applies to both an initial application for a license or registration as well as applications for renewal. However, once fingerprints have been submitted and registered with DPS, an individual ordinarily will not be required to re-submit their fingerprints, including renewals of a license or registration, or when applying for a different license or registration type. The foregoing notwithstanding, re-submittal of fingerprints may be required to the extent required by DPS or its third-party fingerprint processing vendor; for example, to comply with new or enhanced fingerprint records requirements, or if additional biometric data is required to conduct criminal background checks.(3) Fingerprint procedures; fees. An applicant required to submit and register their fingerprints with DPS in accordance with paragraph (1) of this subsection must follow all instructions and procedures outlined by DPS and its third-party fingerprint processing vendor. The applicant is responsible for and must make payment directly to DPS and/or its designated third-party fingerprint processing vendor, all fees associated with the criminal background fingerprinting process, which is separate from the application fee imposed by the Board.", "sourceNote": "Source Note: The provisions of this §363.2 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective August 1, 2019, 44 TexReg 2714; amended to be effective July 1, 2021, 46 TexReg 3608; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226307", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.4", "label": "Master Plumber License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212654", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for a Master Plumber License an applicant must have held a Journeyman Plumber License issued in Texas or another state:(1) for at least two years; or(2) for at least one year if the applicant has successfully completed a training program approved by the United States Department of Labor, Office of Apprenticeship or another nationally-recognized apprentice training program accepted by the Board.", "sourceNote": "Source Note: The provisions of this §363.4 adopted\r\nto be effective September 1, 2017, 42 TexReg 3771; amended to be effective\r\nJuly 1, 2021, 46 TexReg 3608; amended to be effective February 16,\r\n2023, 48 TexReg 682; amended to be effective October 12, 2025, 50\r\nTexReg 6480." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212654", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.5", "label": "Journeyman Plumber License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212655", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a Journeyman Plumber License an applicant must have completed forty-eight (48) hours of classroom training provided by an approved instructor in an approved training program meeting the requirements of subsections (f) and (g) of this section.(b) In addition to the requirements in subsection (a) of this section, an applicant must:(1) have at least 8,000 hours of experience working at the trade under the supervision of a RMP or a Master Plumber licensed in another state; and(2) hold one of the following:(A) a current Plumber's Apprentice Registration;(B) a current Tradesman Plumber-Limited License; or(C) a current Journeyman Plumber License issued in another state.(c) Upon written request by the applicant, the Board may credit an applicant with up to 1,000 hours of the work experience required to take the Journeyman Plumber examination if the applicant has completed the classroom portion of a training program that is:(1) approved by the United States Department of Labor, Office of Apprenticeship; or(2) provided by an approved person and based on approved course materials.(d) A registered Plumber's Apprentice may apply for and take the Journeyman Plumber examination if the apprentice has received an associate of applied science degree from a plumbing technology program that:(1) includes a combination of classroom and on-the-job training; and(2) is approved by the Board and the Texas Higher Education Coordinating Board.(e) An applicant is exempt from the training required if the applicant:(1) has completed the classroom portion of a training program provided by an approved person and based on approved course materials;(2) is a Plumber's Apprentice who is enrolled in good standing in a training program approved by the United States Department of Labor, Office of Apprenticeship; or(3) holds a current Journeyman Plumber License issued in another state.(f) The training program required shall include:(1) two (2) six-hour Continuing Professional Education (CPE) classes as required by Board Rules; and(2) the Occupational Safety and Health Administration (OSHA) 10-Hour Outreach Training class on Construction Industry Procedures, including:(A) Introduction to OSHA;(B) OSHA Focus on Four Hazards-fall protection, electrical, caught in between, and struck by;(C) Personal Protective and Life Saving Equipment;(D) Health Hazards in Construction, including hazard communication and silica;(E) Tools, including hand tools and power tools;(F) Excavations;(G) Stairways and Ladders;(H) Hazardous Materials; and(I) Introduction to Industrial Hygiene and Blood Borne Pathogens.(g) In addition to the classes described in subsection (f) of this section, the training required shall include:(1) eight (8) hours of classroom training, as follows:(A) two (2) hours, to include:(i) reading and understanding residential construction drawings;(ii) learning the basics of math for plumbing; and(iii) drawing rough in and riser diagrams;(B) one (1) hour to review the International Residential Code chapter on Fuel Gas, including:(i) definitions;(ii) pipe sizing and layout; and(iii) testing and inspections;(C) one (1) hour to review the International Residential Code chapter on General Plumbing Requirements, including:(i) individual water supply and sewage disposal;(ii) structural and piping protection, including notching and boring;(iii) trenching and backfilling;(iv) workmanship and waterproofing penetrations; and(v) listed, labeled, and approved materials;(D) one (1) hour to review the International Residential Code chapters on Plumbing Fixtures and Water Heaters, including:(i) the installation of plumbing fixtures and accessories;(ii) water heater installation and replacement, including hazards of improper installations; and(iii) water heater safety devices and alternative methods of existing installations not to code;(E) one (1) hour to review the International Residential Code chapter on Water Supply and Distribution, including:(i) understanding and principals of backflow protection for potable water systems;(ii) water supply systems, including thermal expansion control and water hammer arrestors;(iii) water conservation and maximum flow for plumbing fixtures;(iv) sizing and pressures of potable water systems from the meter throughout distribution to fixture connections;(v) materials and installation of potable water piping;(vi) demonstration of soldering and brazing according to B-828 standards;(vii) hangers, anchors, and supports; and(viii) drinking water treatment units;(F) one (1) hour to review the International Residential Code chapters on Sanitary Drainage and Vents, including:(i) materials and installation of drainage systems, including proper grade and changes in direction of fittings;(ii) preparation of piping;(iii) standards for solvent cementing of pipe and fittings;(iv) cast iron piping and fittings;(v) location and installation of cleanouts;(vi) sumps and ejectors sizing and installation;(vii) understanding the principals and physics of proper venting;(viii) installation of different types of venting systems; and(ix) improper connections and prohibited venting applications;(G) one (1) hour to review the International Residential Code chapter on Traps, including:(i) design and prohibited traps;(ii) sizing and installation of traps and trap arms; and(iii) trap protection; and(2) eighteen (18) hours of classroom training in certain chapters of the Uniform Plumbing Code, International Plumbing Code, and International Fuel Gas Code (as appropriate); the Texas Accessibility Standards, the Americans with Disabilities Act; and water conservation, as follows:(A) one (1) hour to review the chapters on General Regulations;(B) one (1) hour to review the chapters on Plumbing Fixtures and Fixture Fittings, including:(i) general requirements and water conservation information for plumbing fixtures;(ii) commercial plumbing fixtures; and(iii) location and installation requirements for fixtures and fixture fittings;(C) two (2) hours to review the chapters on Water Heaters, including:(i) general regulations for water heater installation and replacement, including hazards of improper installations;(ii) safety requirements for commercial water heaters;(iii) different types of water heaters available, including installations; and(iv) safety devices and alternative methods to bring existing installations into compliance with plumbing codes;(D) two (2) hours to review the chapters on Water Supply and Distribution, including:(i) installation of potable water systems; and(ii) pipe sizing for water supply and distribution;(E) two (2) hours to review the chapters on Sanitary Drainage, including:(i) understanding commercial plumbing; and(ii) pipe sizing for sanitary waste;(F) one (1) hour to review the chapters on Indirect Wastes, including:(i) applications accepted for indirect waste systems, both air-gap and air-break; and(ii) understanding the reason for indirect waste systems;(G) two (2) hours to review the chapters on Vents, including:(i) physics and importance of proper venting;(ii) different venting methods, including vent termination;(iii) special venting for island fixtures, and combination waste and vent systems; and(iv) pipe sizing of vents;(H) one (1) hour to review the chapters on Traps and Interceptors, including:(i) physics and importance of trap protection;(ii) grease interceptor design, installation and maintenance according to the Plumbing Drainage Institute; and(iii) different types of interceptors and applications according to code;(I) one (1) hour to review the chapters on Storm Drainage, including:(i) basic design, materials, and installation of storm water systems;(ii) hazards of improper installations; and(iii) testing procedures for storm drainage systems;(J) two (2) hours to review the chapters on Fuel Gas Piping, including:(i) hazards of improperly designed or installed fuel gas piping and appliances;(ii) approved materials and methods, including pipe and fittings; and(iii) combustion air requirements;(K) one (1) hour to review the basic installation of handicapped plumbing fixtures for commercial projects, as required by the Texas Accessibility Standards and the Americans with Disabilities Act; and(L) two (2) hours to review new technology that promotes water and energy conservation, including rain water harvesting, solar energy, and water smart applications.", "sourceNote": "Source Note: The provisions of this §363.5 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective June 9, 2019, 44 TexReg 2715; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212655", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.6", "label": "Tradesman Plumber-Limited License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184948", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a Tradesman Plumber-Limited License an applicant must:(1) have completed twenty-four (24) hours of approved training provided by an approved instructor in an approved training program in the areas of health and safety, the latest version of all plumbing codes adopted by the Board, and water conservation. The training hours must include:(A) one (1) six-hour apprentice continuing professional education class;(B) the OSHA 10-Hour Outreach Training class; and(C) the eight (8) hours of training on residential plumbing installation;(2) have at least 4,000 hours of experience working at the trade under the supervision of a RMP or a Master Plumber licensed in another state; and(3) hold one of the following:(A) a current Plumber's Apprentice Registration;(B) a current Journeyman Plumber License issued in another state; or(C) a current Master Plumber License issued in another state.(b) Upon written request, an applicant may be credited up to 1,000 hours of the work experience required to take the Tradesman Plumber-Limited examination if the applicant has completed a training program that is:(1) approved by the United States Department of Labor, Office of Apprenticeship; or(2) provided by an approved a person and based on approved course materials.(c) A registered Plumber's Apprentice may apply for and take the Tradesman Plumber-Limited examination if the apprentice has received an associate of applied science degree from a plumbing technology program that:(1) includes a combination of classroom and on-the-job training; and(2) is approved by the Board and the Texas Higher Education Coordinating Board.(d) An applicant is exempt from the training required by subsection (a)(1) of this section if the applicant:(1) has completed the classroom portion of a training program provided by an approved person and based on approved course materials;(2) is a registered Plumber's Apprentice who is enrolled in good standing in a training program approved by the United States Department of Labor, Office of Apprenticeship; or(3) holds a current Master or Journeyman Plumber License issued in another state.(e) An applicant that has successfully completed a high school career and technology education program as provided by 1301.3542 of the Texas Occupations Code is exempt from requirements in subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §363.6 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184948", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.7", "label": "Plumber's Apprentice Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212656", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for a Plumber's Apprentice Registration an applicant must be at least sixteen (16) years of age.", "sourceNote": "Source Note: The provisions of this §363.7 adopted to be effective September 1, 2017, 42 TexReg 3771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212656", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.8", "label": "Plumbing Inspector License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214277", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a Plumbing Inspector License an applicant must hold one of the following:(1) a current Journeyman or Master Plumber License issued in Texas or another state;(2) a current Plumbing Inspector license issued in another state with licensing requirements substantially equivalent to the licensing requirements of the Board; or(3) a current professional engineer or a professional architect license issued in Texas.(b) An applicant who holds a Journeyman or Master Plumber License issued in another state must take and pass the examination developed by the Board.(c) An applicant is exempt from the licensure requirement listed in subsection (a) of this section if the applicant has completed a total of 500 hours of training or experience in the plumbing industry. An applicant may receive credit toward the 500 hours as follows:(1) One-hundred (100) hours of credit for successful completion of a certification in the Uniform Plumbing Code or the International Plumbing Code, issued by the International Association of Plumbing and Mechanical Officials or the International Code Council plumbing code certification;(2) One-hundred (100) hours of credit for successful completion of an approved Medical Gas Piping Installation Endorsement training program;(3) One-hundred (100) hours of credit for successful completion of an approved Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement training program;(4) One-hundred (100) of hours credit for successful completion of an approved Water Supply Protection Specialist Endorsement training program;(5) One-hundred (100) hours of credit for successful completion of an approved Backflow Tester Certification program;(6) six (6) hours of credit for successful completion of any of the approved CPE for Licensed Plumbers and Plumbing Inspectors courses;(7) up to 100 hours of credit for hours attending approved, documented and verified plumbing-related training academy or educational sessions;(8) up to 200 hours of credit for hours working in the trade or an approved, similar plumbing-related trade, as verified by former employers; or(9) up to 200 hours of credit for documented and verified on-the-job training in the enforcement of plumbing codes under the direct supervision of a licensed Plumbing Inspector.", "sourceNote": "Source Note: The provisions of this §363.8 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective July 1, 2021, 46 TexReg 3609; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214277", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.9", "label": "Medical Gas Piping Installation Endorsement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212657", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a Medical Gas Piping Installation Endorsement an applicant must:(1) hold a current Texas Journeyman Plumber, Master Plumber or Plumbing Inspector License; and(2) have successfully completed an approved training program in medical gas piping installation, which is based on the standards contained in the latest edition of the National Fire Protection Association 99 Health Care Facilities Code (NFPA 99), or may demonstrate the successful completion of the Professional Qualification Standard for Medical Gas Systems Personnel Series 6000, Standard 6010, latest edition, recognized by the American Society of Sanitation Engineers (ASSE).(b) At a minimum, the training program required by subsection (a)(2) of this section shall:(1) consist of at least twenty-four (24) hours dedicated to classroom presentation, shop demonstration and testing of the enrollee's comprehension of the course material;(2) address the responsibilities of an endorsement-holder as outlined in the current edition of the NFPA 99, Plumbing License Law and Board Rules;(3) address the proper installation and testing requirements for medical gas and vacuum piping systems, as outlined in the current edition of the NFPA 99; and(4) include at least four (4) hours of shop demonstration covering the proper assembly, purging and brazing procedures for horizontal and vertical joints.", "sourceNote": "Source Note: The provisions of this §363.9 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective July 26, 2023, 48 TexReg 3989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212657", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.10", "label": "Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212641", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement an applicant must:(1) hold a current Journeyman Plumber, Master Plumber, or Plumbing Inspector License; and(2) have successfully completed an approved training program that provides the training necessary for the proper installation of a multipurpose residential fire protection sprinkler system as required by the National Fire Protection Association Standard 13D and any other applicable codes and standards recognized by the state.(b) The training program required by subsection (a)(2) of this section shall be at least twenty-four (24) hours in length, incorporate the training criteria included in the American Society of Sanitary Engineering Series 7000 as it relates to plumbing-based residential fire protection systems installers for one and two-family dwellings, and include:(1) one (1) hour to review applicable standards, codes, and laws, including the Plumbing License Law, Board Rules, and the fire sprinkler rules set forth in 28 Texas Administrative Code §§34.701 et seq., and their integration and identifying the enforcing authorities;(2) four (4) hours to study definitions, to identify, at a minimum, the various types, specific parts, specific terminology, and concepts of the system;(3) four (4) hours to learn the acceptable type, material, location, limitation, and correct installation of equipment, including, but not limited to: pipe, fittings, valves, types of sprinkler heads, supports, drains, test connections, automatic by-pass valve, smoke alarm devices, and other appurtenances;(4) two (2) hours to learn the acceptable type, configuration, and material--which may or may not be required for a water supply--including, but not limited to: backflow preventers, shut off valves, water meters, water flow detectors, tamper switches, test connections, pressure gages, minimum pipe sizes, storage tanks, and wells, including the ability to perform a water flow test of a city water supply;(5) eight (8) hours to learn which rooms require sprinklers and the correct positioning of a sprinkler head based on its type, listing, temperature rating, and the building structure, including, but not limited to: understanding the concepts of the area of coverage, spacing, distance from walls and ceilings, listing limitations, dead air pockets, manufacturer's requirements, and obtaining knowledge of how structural features such as flat, sloped, pocket, or open joist ceilings, close proximity to heat sources,and other obstructions such as ceiling fans, surface mounted lights, beams, and soffits may adversely influence the location of a sprinkler head;(6) three (3) hours to learn critical hydraulic concepts for the installer that may adversely affect the original design plan due to field construction changes, including, but not limited to: remote area sprinkler operation, flow versus pressure, elevation pressure loss, sprinkler K-factors, fixture units, minimum pipe diameters, additional pipe lengths, and understand which household water appliances affect or do not affect the sprinkler hydraulics/performance; and(7) two (2) hours to learn the required testing, maintenance, and documentation, including, but not limited to: the final inspection and tests normally required by the local fire official, when permits, working plans, as-built plans, or hydraulic calculations are required, and who provides for the system maintenance and instructions.(c) An applicant who holds a current Master or Journeyman Plumber License issued by the Board and a current RME-General or RME-Dwelling License issued by the State Fire Marshal's Office, Texas Department of Insurance, is exempted from completing the training program required by subsection (a)(2) of this section prior to taking the Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement examination.", "sourceNote": "Source Note: The provisions of this §363.10 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212641", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.11", "label": "Water Supply Protection Specialist Endorsement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212642", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for a Water Supply Protection Specialist Endorsement an applicant must:(1) hold a current Journeyman Plumber, Master Plumber License, or Plumbing Inspector License; and(2) complete an approved training program based on the Federal Safe Drinking Water Act and the Federal Clean Water Act, on-site wastewater and site evaluations and graywater re-use, water quality training and water treatment, water utilities systems and regulations, water conservation, rainwater harvesting systems, xeriscape irrigation, fire protection systems, backflow prevention, and state laws regulating lead contamination in drinking water.(b) At a minimum the training program required by subsection (a)(2) of this section shall be at least twenty-four (24) hours with a maximum of eight (8) hours of instruction per day and include:(1) a six (6) hour review of the significance of cross-connections, the principles of back pressure and back siphonage, thermal expansion, the acceptable devices and/or requirements for a public water supply system including, but not limited to, approved backflow protection devices, shut-off valves, water meters, and containment vessels;(2) a two (2) hour review of the applicable standards, codes, and laws, including, but not limited to: the Plumbing License Law, Board rules, the Texas Commission on Environmental Quality rules relating to a public water supply and water reuse, as described in the Texas Water Development Board's Rainwater Harvesting Manual, and the Texas A&M AgriLife Extension Service recommendations;(3) a four (4) hour review of the specific parts and terminology, and the concepts and components of a rainwater harvesting system, including proper sizing for all water reuse systems;(4) an eight (8) hour review of the acceptable type, material, location, limitation, and correct installation of equipment related to the treatment and reuse of water;(5) four (4) hours devoted to the elements of a proper customer service inspection as required by the Texas Commission on Environmental Quality; and(6) information specific to rainwater harvesting as outlined in the latest edition of the Texas Water Development Board's Rainwater Harvesting Manual.(c) In addition to the information described in subsection (b)(6) of this section, a training program may include the latest edition of the Uniform Plumbing Code Rainwater Harvesting Seminar Manual, the latest edition of the International Plumbing Code, or the International Green Construction Code.", "sourceNote": "Source Note: The provisions of this §363.11 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212642", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.12", "label": "Residential Utilities Installer Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212643", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for a Residential Utilities Installer Registration an applicant must:(1) hold a current Plumber's Apprentice Registration;(2) have completed at least 2,000 hours working at the trade under the direct supervision of a Tradesman Plumber-Limited, Journeyman Plumber, or Master Plumber, and the supervision of a RMP, as verified by employers; and(3) complete an approved training program.", "sourceNote": "Source Note: The provisions of this §363.12 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212643", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.13", "label": "Drain Cleaner Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212644", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for a Drain Cleaner Registration an applicant must:(1) hold a current Plumber's Apprentice Registration;(2) have completed at least 4,000 hours working at the trade as a Drain Cleaner-Restricted Registrant under the supervision of a RMP, as verified by employers; and(3) complete an approved training program.", "sourceNote": "Source Note: The provisions of this §363.13 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212644", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.14", "label": "Drain Cleaner-Restricted Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212645", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for a Drain Cleaner-Restricted Registration an applicant must:(1) hold a current Plumber's Apprentice Registration; and(2) complete an approved training program.", "sourceNote": "Source Note: The provisions of this §363.14 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212645", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.15", "label": "Consequences to an Applicant With Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212646", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall revoke any and all registrations, licenses, or endorsements held by an individual if the individual is incarcerated due to a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision. The Board shall automatically deny an application submitted by an individual who, at the time the application is submitted, is incarcerated because of a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.(b) The Board shall review the application of an individual that has been convicted of a felony or misdemeanor directly related to plumbing to determine whether to disqualify the individual from receiving a registration, license, or endorsement, or deny the individual the opportunity to take an examination.(c) In determining whether a criminal offense is directly related to plumbing, the Board shall consider:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license or registration to perform plumbing or plumbing inspections;(3) the extent to which a license or registration might offer an opportunity to engage in further criminal activity of the same type as that in which the applicant had previously been involved; and(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of registered and licensed individuals performing plumbing or plumbing inspections.(d) In addition to the factors listed in subsection (c) of this section, the Board, in determining whether an applicant who has been convicted of a crime is fit for licensure, shall consider:(1) the extent and nature of the applicant's past criminal activity;(2) the age of the applicant when the crime was committed;(3) the amount of time that has elapsed since the applicant's last criminal activity;(4) the amount of time that has elapsed since the applicant's release from incarceration;(5) the conduct and work activity of the applicant before and after the criminal activity;(6) evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or after release;(7) letters of recommendation signed and dated by a current employer, if the applicant is employed, or a previous employer, stating that the employer has specific and complete knowledge of the applicant's criminal history and stating the reasons that the employer is recommending that the applicant be considered fit and not a threat to the public's health, safety, and welfare; and(8) letters of recommendation signed and dated by any other person in contact with the applicant.(e) An applicant who has been convicted of a felony shall obtain and submit to the Board:(1) a fully-completed Supplemental Criminal History Information Form signed by the applicant;(2) the letters of recommendation described in subsections (d)(7) and (8) of this section; and(3) proof, in the form required by the Board, that the applicant has:(A) maintained a record of steady employment;(B) supported the applicant's dependents, if any;(C) maintained a record of good conduct;(D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted; and(E) successfully completed all court-ordered or voluntary rehabilitation classes, courses, or programs.(f) An applicant who has been convicted of a misdemeanor shall obtain and submit a Supplemental Criminal History Form only if requested by the agency.(g) In addition to the information listed in subsection (e) of this section, an applicant with a conviction of a sexual nature shall obtain and provide to the Board the written results of a standard, nationally-recognized testing and evaluation of the applicant, recently performed by a licensed professional therapist or counselor who is certified as a Registered Sex Offender Treatment Provider in the State of Texas, to determine the level of likelihood for the applicant to commit future crimes of a sexual nature.(h) If required by the Board, the applicant shall meet all requirements necessary for the Board to access the applicant's criminal history record information maintained by the Department of Public Safety and the Federal Bureau of Investigation, including submitting fingerprint information and paying the required fees.(i) The agency may approve, without Board approval, the application for a license, endorsement, or registration of an individual who has a criminal conviction, if the staff finds that the criminal conviction is not directly related to plumbing.(1) The agency may request an applicant with a criminal conviction to appear before the staff and present information relating to the applicant's criminal conviction.(2) If the agency review determines that an applicant is ineligible for a license, endorsement, or registration based on the applicant's criminal conviction, the agency shall give timely notice of the denial to the applicant at the applicant's last known address on file with the Board. The notice shall inform the denied applicant of the applicant's right to request in writing, within twenty (20) days of the mailing of the notice of denial, a hearing before an administrative law judge of the State Office of Administrative Hearings to review the determination.(3) If a denied applicant fails to submit a timely request for a hearing under paragraph (2) of this subsection, the agency decision is rendered final. A denied applicant may not apply for a new registration, license or endorsement before the first anniversary of the date the denial becomes final.(4) If a denied applicant requests a hearing under paragraph (2) of this subsection, the Board shall determine the applicant's eligibility after reviewing the Proposal for Decision issued by the administrative law judge, and provide the denied applicant a written statement containing:(A) the reason for the suspension, revocation, denial, or disqualification;(B) the judicial review procedure provided by §53.052 of the Texas Occupations Code; and(C) the earliest date the applicant may appeal the action of the licensing authority.(5) An applicant who is denied after a hearing held under paragraph (2) of this subsection may not apply for a new registration, license, or endorsement before the first anniversary of the date the denial becomes final.", "sourceNote": "Source Note: The provisions of this §363.15 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212646", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.16", "label": "Examination Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212647", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall conduct examinations on a regular basis according to demand.(b) The Board will not process incomplete applications.(c) An applicant shall receive notification of written or practical examination with the time, date, and place of examination.", "sourceNote": "Source Note: The provisions of this §363.16 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212647", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.17", "label": "Reporting for Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212648", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant shall report promptly at the place of the examination.(b) If an applicant is scheduled for an examination and cannot appear, the applicant must notify the agency in writing, postmarked no later than ten (10) business days before the scheduled examination date. An applicant who fails to appear or does not give the required notice shall forfeit the examination fee and must submit a new exam application and fee.(c) An applicant who fails to appear for an exam due to an excused emergency may reschedule once without having to submit a new exam application and fee.(1) An applicant must submit a written request to reschedule an exam to the agency, postmarked no later than five (5) business days after the original examination date, that includes an explanation of the emergency that caused the applicant's failure to appear.(2) An applicant who does not submit a request to reschedule within the required time period must submit a new exam application and fee.(d) The following are considered excused emergencies:(1) a death in the applicant's family;(2) illness or hospitalization of the applicant or a member of the applicant's immediate family;(3) an automobile accident on the day of the examination;(4) any other unplanned event that is serious enough to prevent the applicant from appearing for the exam if approved by the agency.(e) Emergencies will be subject to verification by the agency. Scheduling conflicts due to work will not be considered an excused emergency.", "sourceNote": "Source Note: The provisions of this §363.17 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212648", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.18", "label": "Description of Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212649", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each license and endorsement, the Board shall design and conduct a uniform, reasonable examination that includes written questions and practical applications, when appropriate.(b) The Board shall furnish an applicant with written information explaining the scope of the examination. The Board shall also make the information about the scope of each examination it administers accessible on its website.", "sourceNote": "Source Note: The provisions of this §363.18 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212649", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.19", "label": "Non-Standard Examination Accommodations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant seeking to take an examination with non-standard accommodations shall submit an Applicant Request for Non-Standard Examination Accommodations Form and a Physician or Qualified Licensed Professional Recommendation for Non-Standard Examination Accommodations Form to be used by the agency to determine whether the applicant qualifies for non-standard examination accommodations.(b) Due to the duties and responsibilities of registrants and licensees to protect the health and safety of the public, the Board shall not allow Examiners to provide oral versions of the written components of examinations.(1) Examiners may give oral instructions and explanations to individuals taking an examination.(2) An applicant who has been diagnosed by a physician or other qualified licensed professional as having a specific learning or reading disability, such as dyslexia, may request additional time to complete an examination, a separate examination area, or other reasonable accommodation.(c) The Board shall reserve the right to make all final decisions regarding reasonable examination accommodations and may require a consultation by an expert of its choosing for a second opinion, if it determines that it is necessary for a particular applicant.", "sourceNote": "Source Note: The provisions of this §363.19 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184961", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.20", "label": "Test Score Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184962", "queryAsDate": "03/11/2026" }, "ruleBody": "The board may set and adjust minimum passing scores as it deems appropriate for each license or endorsement category examination.", "sourceNote": "Source Note: The provisions of this §363.20 adopted to be effective September 1, 2017, 42 TexReg 3771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184962", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.21", "label": "Notification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194011", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board shall notify applicants of their examination results within thirty (30) days after the examination is administered, and, if requested within two weeks of notification, shall provide an applicant with an analysis of the applicant's examination performance.", "sourceNote": "Source Note: The provisions of this §363.21 adopted to be effective September 1, 2017, 42 TexReg 3771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194011", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.22", "label": "Reexamination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184964", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant that fails any single part of a multiple part examination may retake the part or parts that were failed without having to retake the entire examination.(1) A failing score on a single part of an examination is a score of 69.9 points or less.(2) A time limit of three (3) hours is allotted for reexamination of the part that was failed.(3) The applicant must submit a new exam application and fee in order to retake the part that was failed.(b) An applicant who fails any part or parts of an examination shall complete a training period before the applicant may retake the examination. The length of the required training period is determined by the number of times the applicant has failed as follows:(1) first failure: 30-day training period;(2) second failure: 60-day training period; and(3) third and subsequent failures: 90-day training period.", "sourceNote": "Source Note: The provisions of this §363.22 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 3, 2019, 44 TexReg 477." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184964", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.23", "label": "Disqualification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212650", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall disqualify an applicant from receiving a registration or deny an applicant the opportunity to be examined for a license if it discovers that the applicant furnished false information on an application or used any fraudulent means of establishing the applicant's qualifications.(b) The Board may initiate disciplinary action against any applicant, registrant or licensee who furnishes false information on any certifications, other forms, or renewals distributed by the Board.", "sourceNote": "Source Note: The provisions of this §363.23 adopted to be effective September 1, 2017, 42 TexReg 3771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212650", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.24", "label": "Providers and Instructors of Endorsement Training Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212651", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Only an approved CPE Course Provider may provide or instruct a training program.(b) Only a Course Instructor who is approved to instruct CPE courses may instruct a training program provided that the instructor:(1) is licensed as a Master Plumber, Plumbing Inspector, or Journeyman Plumber; and(2) holds the endorsement that corresponds to the training program the Instructor will teach.(c) A Course Provider or Instructor whose approval is suspended or revoked for any reason, may not provide or instruct any training.(d) All Course Providers and Instructors shall:(1) adhere to the approved instruction criteria;(2) ensure that only students who complete a course or training receive credit; and(3) provide a certificate of completion to a student upon completion of the training.(e) The certificate of completion shall state:(1) the title of the endorsement training program;(2) the names of the Course Provider and Course Instructor;(3) the name and license number of the student; and(4) the date that the instruction was completed.(f) A Course Provider shall:(1) notify the Board at least seven (7) days before conducting an endorsement training program or post electronic notice of the class schedule, including the dates(s), time(s), and place(s) class(es) will be held, on the provider's website at least seven (7) days before conducting a class;(2) perform self-monitoring to ensure compliance with this section and reporting as required;(3) submit a course outline that includes the number of hours of instruction on each topic included in the outline to the executive director for approval; and(4) maintain an electronic copy or record of each certificate of completion for at least two (2) years after the date the certificate was issued.(g) The Board may monitor endorsement training programs to ensure compliance with all applicable laws and Board rules and may deny, suspend, or revoke approval of a Course Provider or Instructor who fails to comply.(h) The executive director may require a Course Provider to resubmit a previously-approved course outline for an endorsement training program at any time in order to ensure the program meets the current requirements of the plumbing codes, laws, and administrative rules applicable to the specific training program.", "sourceNote": "Source Note: The provisions of this §363.24 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212651", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.25", "label": "Providers and Instructors of Training Programs for Journeyman Plumber and Tradesman Plumber-Limited License Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212652", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An approved CPE Course Provider or Course Instructor may provide instruction in plumbers professional training related to health and safety, the latest version of all plumbing codes adopted by the board, and water conservation.(b) An approved Course Instructor must be authorized by OSHA to provide OSHA instruction. A person who is an OSHA authorized construction trainer, but is not an approved instructor, may teach OSHA instruction through an approved Course Provider, so long as an approved Course Instructor is also present.(c) Approved Course Providers and Instructors shall:(1) teach the approved material;(2) ensure that only students who complete the course receive credit;(3) provide notice of intent to conduct training required by posting the course schedule on the provider's website or sending electronic notice to the at least seven (7) days before instruction;(4) abide by the same standards of conduct required of approved continuing professional education providers;(5) provide a certificate of completion to the student. The certificate of completion shall state:(A) the names of the Course Provider and Course Instructor;(B) the name and registration or license number of the student;(C) the specific instruction and number of hours completed; and(D) the date that the increment of instruction was completed; and(6) maintain an electronic copy or record of each certificate of completion for at least six (6) years after the date the certificate was issued.(d) An applicant for examination is responsible for the safekeeping of each original certificate of completion earned by the applicant.(e) Providing false certificates of completion or any other false information related to the training required by the Board may result in:(1) the denial of the applicant's examination application;(2) disciplinary action, as provided by the Plumbing License Law, Board Rules, or other laws of this state; or(3) both.(f) A Course Provider or Instructor whose approval is suspended or revoked for any reason may not provide instruction.", "sourceNote": "Source Note: The provisions of this §363.25 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212652&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212652", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "363", "label": "EXAMINATION AND REGISTRATION" }, "rule": { "number": "§363.27", "label": "Criminal Conviction Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210864", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensed individuals are required to exercise independent judgment and carry out their duties and responsibilities without risking the health, safety, welfare, and property of the public. It is estimated that the majority of Plumber's Apprentices are working toward licensure; therefore, the Board has determined that the duties and responsibilities listed in subsection (b) of this section apply to both licensees and registrants.(b) After considering the factors set forth in §53.022 of the Texas Occupations Code, the Board has identified the following, non-exhaustive list of duties and responsibilities of individuals performing plumbing or plumbing inspections:(1) entering a consumer's home or a place of business, including, but not limited to:(A) private residences;(B) apartment complexes;(C) schools;(D) child care facilities;(E) elder care facilities;(F) health care facilities;(G) financial institutions; and(H) businesses where valuable merchandise is stored and sold;(2) making personal contact with consumers and their families, including elderly persons and minor children;(3) engaging in contractual and financial transactions with consumers;(4) representing the employer and taking responsibility for vehicles and tools provided by the employer;(5) ensuring safety when working with hazardous, explosive, or volatile materials;(6) complying with laws, rules, ordinances, and codes that regulate plumbing; and(7) working with officials who are carrying out their duties to enforce laws, rules, ordinances, and codes that regulate plumbing, including:(A) Field Representatives of the Board;(B) Plumbing Inspectors; and(C) other law enforcement officers.(c) Due to the nature of the duties and responsibilities stated in subsection (b) of this section, the Board has determined that the following offenses are directly related to plumbing (list is not exhaustive):(1) Any crime of a sexual nature that requires the convicted person to be registered as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, including:(A) Aggravated Sexual Assault;(B) Aggravated Rape;(C) Sexual Assault;(D) Rape;(E) Statutory Rape;(F) Indecency with a Child (including exposure);(G) Prohibited Sexual Conduct;(H) Sexual Performance by a Child;(I) Possession or Promotion of Child Pornography;(J) Aggravated Kidnapping (with the intent to commit an illegal act of a sexual nature);(K) Kidnapping (with the intent to commit an illegal act of a sexual nature);(L) Unlawful Restraint (with the intent to commit an illegal act of a sexual nature);(M) Burglary (with the intent to commit an illegal act of a sexual nature);(N) Indecent Exposure;(O) Public Lewdness; or(P) Improper Photography or Visual Recording.(2) Any crime of a sexual nature regardless of whether the convicted person is required to be registered as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure;(3) Capital Murder;(4) Murder;(5) Criminally Negligent Homicide;(6) Manslaughter;(7) Aggravated Kidnapping;(8) Kidnapping;(9) Unlawful Restraint;(10) Injury to a Child, Elderly Individual, or Disabled Individual;(11) Burglary of a Habitation;(12) Burglary of a Building;(13) Burglary of an Automobile;(14) Robbery;(15) Theft;(16) Fraud;(17) Forgery;(18) Arson;(19) Aggravated Assault of a Police Officer (or other public official);(20) Aggravated Assault;(21) Assault;(22) Illegal Drug Related Crimes;(23) Terroristic Threat; or(24) Any criminal violation of laws or ordinances that regulate plumbing or the practice of plumbing.(d) The agency shall use the following levels of risk in determining the fitness of an applicant who has been convicted of a crime to perform the duties and discharge the responsibilities of registered and licensed individuals performing plumbing or plumbing inspections. The levels of risk are listed in order from highest to lowest. The agency shall consider those applicants with convictions of a sexual nature or first degree felony to be the highest risk, and those applicants who have a conviction other than that of a sexual nature or first degree felony, and who have completed all required consequences of the conviction more than five years prior to the date of application, to be the lowest risk.(1) Level One - Applicants who have:(A) a conviction of a sexual nature listed in subsections (c)(1) and (2) of this section; or(B) a conviction for a first-degree felony.(2) Level Two - Applicants who have a conviction for a second-degree felony.(3) Level Three - Applicants who have a conviction other than specified in Level One or Level Two, whose conviction, incarceration, probation, parole, mandatory supervision, court costs or any other fees (including restitution) were completed less than five (5) years prior to the date of application, or are still being completed.(4) Level Four - Applicants who have convictions other than specified in Level One and Level Two, whose conviction, incarceration, probation, parole, mandatory supervision, court costs or any other fees (including restitution) were completed more than five (5) years prior to the date of application. Written proof of completion from the court, probation or parole officer must be submitted by the applicant.(e) Applicants with convictions that place them in more than one level of risk shall be classified using the highest applicable level of risk.(f) Applicants with multiple convictions will be considered an increased risk, depending on the number and types of convictions.(g) The agency shall use these guidelines and follow the requirements of §363.15 of this chapter when reviewing applications for registration, examination, and renewal of registrations, licenses, and endorsements, to determine the fitness of applicants for licensure.", "sourceNote": "Source Note: The provisions of this §363.27 adopted to be effective September 1, 2017, 42 TexReg 3771; amended to be effective February 16, 2023, 48 TexReg 682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210864", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.1", "label": "License, Endorsement and Registration Categories; Scope of Work Permitted" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210865", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The scope of plumbing work that an individual may perform is dictated by the type of license, endorsement, or registration held.(b) An individual who holds a current Master Plumber License and meets the requirements of a Responsible Master Plumber (RMP):(1) may advertise or otherwise offer to perform or provide plumbing to the general public;(2) may enter into contracts or agreements to perform plumbing;(3) shall obtain plumbing permits to perform plumbing work;(4) may perform plumbing work without supervision; and(5) shall supervise plumbing work performed by other licensees or registrants.(c) An individual who holds a current Journeyman or Master Plumber License may perform or supervise plumbing work:(1) under the supervision of a RMP; and(2) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP.(d) An individual who holds a current Tradesman Plumber-Limited License may:(1) perform or supervise plumbing work on one or two-family dwellings:(A) under the supervision of a RMP; and(B) only under contracts or agreements to perform plumbing secured by a RMP or a person who has secured the services of a RMP; or(2) assist in the installation of plumbing other than for one or two-family dwellings under the on-the-job supervision of a Journeyman or Master Plumber.(e) An individual who holds a current Plumbing Inspector License may perform plumbing inspections as an employee or independent contractor of a political subdivision or state agency for compliance with health and safety laws and ordinances.(1) An individual who holds a current Plumbing Inspector License with a current Medical Gas Piping Installation Endorsement may perform inspections of piping that is used solely to transport gases used for medical purposes.(2) An individual who holds a current Plumbing Inspector License with a current Water Supply Protection Specialist Endorsement may perform inspections of plumbing work associated with the treatment, use and distribution of rainwater to supply a plumbing fixture, appliance, or irrigation system.(3) An individual who holds a current Plumbing Inspector License with a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement may perform inspections of multipurpose residential fire protection sprinkler systems installed in a one or two-family dwelling.(f) An individual who holds a current Journeyman or Master Plumber License with a current Medical Gas Piping Installation Endorsement may install piping that is used solely to transport gases used for medical purposes:(1) under the supervision of a RMP who holds a current Medical Gas Piping Installation Endorsement; and(2) only under contracts or agreements to perform medical gas piping installations secured by a RMP who holds a current Medical Gas Piping Installation Endorsement or a person who has secured the services of a RMP who holds a current Medical Gas Piping Installation Endorsement.(g) An individual who holds a current Journeyman or Master Plumber License with a current Water Supply Protection Specialist Endorsement may:(1) perform Customer Service Inspections pursuant to 30 Texas Administrative Code §290.46(j). Minimum Acceptable Operating Practices for Public Drinking Water Systems; or(2) install, service or repair plumbing associated with the treatment, use and distribution of rainwater to supply a plumbing fixture, appliance, or irrigation system:(A) under the supervision of a RMP who holds a current Water Supply Protection Specialist Endorsement; and(B) only under contracts or agreements to perform, install, service, and repair plumbing associated with the use and distribution of rainwater to supply a plumbing fixture, appliance, or irrigation system secured by a RMP who holds a current Water Supply Protection Specialist Endorsement or a person who has secured the services of a RMP, in accordance with Board Rules, who holds a current Water Supply Protection Specialist Endorsement.(3) A Water Supply Protection Specialist Endorsement shall not be used in lieu of a Plumbing Inspector License to perform plumbing inspections. A Plumbing Inspector may perform a Customer Service Inspection even if the individual does not hold a Water Supply Protection Specialist Endorsement.(h) An individual who holds a current Journeyman or Master Plumber License with a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement may install a multipurpose residential fire protection sprinkler system in a one or two-family dwelling:(1) under the supervision of a RMP who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement; and(2) only under contracts or agreements to perform multipurpose residential fire protection sprinkler system installations secured by a RMP who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement or a person who has secured the services of a RMP who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement.(i) An individual who holds a current Plumber's Apprentice Registration may assist a licensee with the installation of plumbing:(1) under the direct supervision of a person licensed by the Board;(2) under the supervision of a RMP; and(3) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP.(j) An individual who holds a current Plumber's Apprentice Registration and a current Residential Utilities Installer Registration may construct and install only yard water service piping and building sewers for one or two-family dwellings:(1) under the supervision of a RMP; and(2) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP.(k) An individual who holds a current Tradesman Plumber-Limited License or Plumber's Apprentice Registration and a current Drain Cleaner Registration may install cleanouts and remove and reset p-traps for the purposes of eliminating obstructions in building drains and sewers:(1) under the supervision of a RMP; and(2) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP.(l) An individual who holds a current Plumber's Apprentice Registration and a current Drain Cleaner-Restricted Registration may clear obstructions in sewer and drain lines through any existing code-approved opening:(1) under the supervision of a RMP; and(2) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP.", "sourceNote": "Source Note: The provisions of this §365.1 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective September 9, 1982, 7 TexReg 3143; amended to be effective September 1, 1983, 8 TexReg 3186; amended to be effective June 2, 1987, 12 TexReg 1661; amended to be effective August 25, 1993, 18 TexReg 5399; amended to be effective December 8, 1993, 18 TexReg 8786; amended to be effective August 8, 1994, 19 TexReg 5710; amended to be effective June 7, 1996, 21 TexReg 4688; amended to be effective January 31, 1999, 24 TexReg 557; amended to be effective December 18, 2000, 25 TexReg 12386; amended to be effectiveDecember 30, 2001,26 TexReg 10587; amended to be effective November 8, 2004, 29 TexReg 10266; amended to be effective May 2, 2010, 35 TexReg 3497; amended to be effective February 11, 2014, 39 TexReg 659; amended to be effective September 1, 2017, 42 TexReg 3774; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210865", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.5", "label": "Renewal of License, Registration or Endorsement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before the expiration of a license, registration, or endorsement, a holder must:(1) submit a completed renewal application form;(2) obtain the required number of continuing education hours and/or training; and(3) pay the required fee(s).(b) Renewal application forms not completed by the licensee, registrant or endorsement holder's annual expiration date are considered late and are subject to late fees.(c) Late renewal applications will have an unlicensed period from the expiration date of the previous license, registration or endorsement to the issuance date of the renewed license, registration or endorsement. Plumbing work that requires a license, registration or endorsement issued under this chapter shall not be performed during the unlicensed period.", "sourceNote": "Source Note: The provisions of this §365.5 adopted to be effective December 8, 2021, 46 TexReg 8254; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210866", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.7", "label": "Duplicate Pocket Card" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall issue a duplicate pocket card to replace any pocket card that is lost, destroyed, or mutilated.(b) The licensee or registrant requesting the duplicate pocket care shall submit to the Board:(1) an application for the duplicate stating the reasons for the request; and(2) the required fee.", "sourceNote": "Source Note: The provisions of this §365.7 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective August 25, 1993, 18 TexReg 5399; amended to be effective December 30, 2001, 26 TexReg 10587; amended to be effective September 1, 2017, 42 TexReg 3774; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210867", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.8", "label": "Change of Name, Address, or Employment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210868", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or registrant shall notify the Board in writing of any legal name change, or change of physical or email address, not later than thirty (30) days after the change becomes final.(b) A Plumbing Inspector shall notify the Board in writing of each political subdivision the Plumbing Inspector is employed by, or has contracted with, for the purposes of performing plumbing inspections and any changes in contract or employment status within thirty (30) days of status change. The written confirmation of contract or employment must be provided by an authorized representative of each political subdivision.(c) A licensee or registrant shall notify the Board in writing of any change to his or her primary place of employment upon renewal of his or her license or registration.", "sourceNote": "Source Note: The provisions of this §365.8 adopted to be effective May 18, 1982, 7 TexReg 1748; amended to be effective August 25, 1993, 18 TexReg 5399; amended to be effective December 18, 2000, 25 TexReg 12388; amended to be effective December 30, 2001, 26 TexReg 10587; amended to be effective February 14, 2013, 38 TexReg 642; amended to be effective September 1, 2017, 42 TexReg 3774; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210868", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.14", "label": "Continuing Professional Education and Training Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210869", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee, drain cleaner registrant, drain cleaner-restricted registrant, residential utilities installer registrant or endorsement holder has twelve (12) months to obtain at least six (6) hours of continuing education or training required for a timely annual renewal.(b) A person whose license, drain cleaner registration, drain cleaner-restricted registration, residential utilities installer registration or endorsement has been expired for less than two (2) years must complete at least six (6) hours of continuing education or training for each year the license, drain cleaner registration, drain cleaner-restricted registration, residential utilities installer registration or endorsement was expired.(c) Continuing education and training program courses may be taken in person, via correspondence course or virtually by means of telecommunications equipment, as applicable.", "sourceNote": "Source Note: The provisions of this §365.14 adopted to be effective December 8, 2021, 46 TexReg 8255; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210869", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.15", "label": "Curriculum Minimum Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210870", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Curriculum must:(1) directly relate to the technical, legal or ethical aspects of plumbing, including grounds for discipline and professional responsibility;(2) keep licensees, registrants and endorsement holders informed of innovations, best practices and significant developments affecting the plumbing profession;(3) be tailored to registrants, if for use in a training program;(4) be tailored to licensees and endorsement holders, if for use in a continuing education course;(5) be structured to engage students by allowing them the opportunity to apply the content and skills being taught;(6) be based on the Plumbing License Law and Board Rules in effect at the time of approval;(7) be based on the currently adopted plumbing code(s) in effect at the time of approval or later edition(s);(8) be based on current Occupational Safety and Health Administration (OSHA) regulations in effect at the time of approval;(9) meet or exceed the water saving performance standards in Section 372.002 of the Texas Health and Safety Code in effect at the time of approval;(10) meet or exceed the energy efficiency performance standards in Section 388.003 of the Texas Health and Safety Code in effect at the time of approval; and(11) be comprehensive enough to support a course or training at least one (1) hour in length.(b) The Executive Director will approve continuing professional education and training courses and associated materials that meet the minimum curriculum standards.(c) Course materials are valid for two (2) years from the stated effective date or the date they are approved, whichever is later.(d) The following curriculum is approved for continuing education and training credit without the need for an individual or organization to submit any type of application or application fee:(1) Occupational Safety and Health Administration (OSHA) Outreach Training Program's 10 or 30 hour Construction Card course;(2) Occupational Safety and Health Administration (OSHA) Outreach Training Program's 7.5 or 15 hour Disaster Site Worker Card course;(3) Occupational Safety and Health Administration (OSHA) Outreach Training Program's Occupational Safety and Health Standards for the Construction Industry course (#510);(4) Occupational Safety and Health Administration (OSHA) Outreach Training Program's Excavation, Trenching and Soil Mechanics course (#3015);(5) Occupational Safety and Health Administration (OSHA) Outreach Training Program's Introduction to OSHA for Small Businesses (#7510);(6) American Red Cross Cardiopulmonary Resuscitation (CPR) certification course;(7) American Red Cross Automated External Defibrillator (AED) certification course;(8) American Red Cross First Aid certification course;(9) NFPA 99, Medical Gas Systems (2021): Training Preparation for ASSE Series 6000 certification and recertification courses; and(10) ASSE Series 12000 certification and recertification courses in Infection Control.(e) It is the responsibility of licensees, registrants and endorsement holders to ensure that they are taking a bona fide course though these organizations taught by instructors authorized by these organizations and to submit an official certificate of completion or similar documentation to the Board in order to receive credit.", "sourceNote": "Source Note: The provisions of this §365.15 adopted to be effective September 1, 2017, 42 TexReg 3774; amended to be effective December 8, 2021, 46 TexReg 8256; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210870", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.19", "label": "Course and Training Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210871", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Course Provider may offer a course or training program required for the renewal of a license, endorsement or registration.(b) A Course Provider shall only allow approved Course Instructors to teach the courses and training programs it offers.(c) A Course Provider shall present courses and training programs in segments that are at least one (1) hour in length.(d) A Course Provider shall not advertise or promote the sale of any goods, products or services during the instructional portion of a CPE course, or allow a third party to advertise or promote the sale of any goods, products or services during the instructional portion of a course or training program. A Course Provider may incorporate materials or presentations by a manufacturing representative into their courses; however, those presentations may not contain gratuitous advertising as only educational and informative portions of the presentation will be counted towards the number of credit hour(s) given.(e) At least seven (7) days before conducting a course, a Course Provider shall give notice to the Board via electronic mail of its intent to conduct the course or post notice of the course schedule on the Course Provider's website.(f) A Course Provider shall establish a system that allows it to receive immediate notification from a Course Instructor in the event the Course Instructor is unable to provide instruction for a scheduled course.(g) If cancellation of the course is unavoidable, the Course Provider shall:(1) immediately notify each student affected by the cancellation;(2) offer to refund or reschedule the cancelled course; and(3) notify the Board of the cancellation within forty-eight (48) hours.(h) A Course Provider shall furnish a certificate of completion of CPE to each licensee, endorsement holder, and registrant who completes a course or training program it offers.(1) The certificate of completion shall state:(A) the name of the Course Provider and Course Instructor;(B) the name and license or registration number of the student; and(C) the date the instruction was completed.(2) Within three (3) business days of issuing a certificate of completion, a Course Provider shall electronically submit certification of each student's completion of any CPE requirements.", "sourceNote": "Source Note: The provisions of this §365.19 adopted to be effective September 1, 2017, 42 TexReg 3774; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210871", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.20", "label": "Course Instructors for Continuing Professional Education and Training Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210872", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Course Instructor must hold a current Journeyman, Master Plumber or Plumbing Inspector License issued by the Board that is in good standing in order to teach general continuing education or training programs.(b) A Course Instructor must:(1) hold a current medical gas piping endorsement issued by the Board that is in good standing in order to teach continuing education or training programs on:(A) how to install pipe to transport gas for medical purposes;(B) how to install a vacuum used for medical purposes;(C) how to inspect medical gas piping installations;(D) how to verify medical gas and vacuum piping integrity; and(E) material from NFPA 99; Health Care Facilities Code.(2) hold a current multipurpose residential fire protection sprinkler specialist endorsement issued by the Board that is in good standing in order to teach continuing education or training programs on:(A) how to design, install or inspect a multipurpose residential fire protection sprinkler system; or(B) material form NFPA 13; Standard for the Installation of Sprinkler Systems,(3) hold a current water supply protection specialist endorsement issued by the Board that is in good standing in order to teach continuing education or training programs on:(A) how to perform Texas Commission on Environmental Quality (TCEQ) customer service inspections to identify potential contaminant hazards, and illegal lead materials, and to prevent cross-connections;(B) how to install, service and repair plumbing associated with the treatment, use and distribution of rainwater to supply a plumbing fixture or appliance;(C) material from American National Standard Institute/NSF International Standard 60 for Drinking Water Treatment Chemicals; and(D) material from American National Standards Institute/NSF International Standard 61 for Drinking Water System Components.(c) The Executive Director will approve an instructor to teach continuing education or training programs who meets the minimum qualifications, submits a complete application and pays the required application fee.(d) A Course Instructor must comply with the Plumbing License Law and Board Rules, including the standards of conduct for licensees and registrants.(e) A Course Instructor has a responsibility to teach approved material that meets curriculum standards and to report students' successfully completed hours no later than three (3) business days after the course ends.(f) The Board will randomly monitor Course Instructors for quality of instruction and compliance with the Plumbing License Law and Board Rules.", "sourceNote": "Source Note: The provisions of this §365.20 adopted to be effective September 1, 2017, 42 TexReg 3774; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210872", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.21", "label": "Continuing Professional Education and Training Programs for the Medical Gas Piping Installation Endorsement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227106", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed Journeyman Plumber, Master Plumber or Plumbing Inspector who also holds a Medical Gas Piping Installation Endorsement shall complete a minimum of two (2) hours of CPE or demonstrate successful completion of a national certification before he or she may renew his or her endorsement. A licensee may not use a single medical gas CPE course to fulfill the continuing education requirement for more than one renewal period.(b) A medical gas CPE course shall be based on the most current edition of the National Fire Protection Association 99 Health Care Facilities Code (NFPA 99) and include comprehensive instruction on any updates to or changes from the previous edition of the code.(c) The course materials for a medical gas course shall include an authorized copy of the current edition of the NFPA 99 or an authorized copy of the NFPA 99 Handbook, a 50-question exercise covering the most-recent changes and updates to the NFPA 99 and the fundamentals of medical gas piping installation.(1) The course materials shall not advertise or promote the sale of goods, products or services.(2) A Course Provider or Course Instructor shall not offer to buy back used course materials from a student or offer any other incentive intended to persuade the student not to retain the course materials.(3) A Course Provider shall not require a student to purchase a copy of the current edition of the NFPA 99 or the NFPA 99 Handbook if the student has previously completed a medical gas CPE course with the same provider that utilized the same course materials. As a substitute, the Course Provider may use any written material designed to supplement the NFPA 99 or the handbook.(d) Only an individual, business or association approved as a Course Provider may provide a medical gas CPE course.(e) A licensed Journeyman Plumber, Master Plumber or Plumbing Inspector may teach a medical gas CPE course if the licensee:(1) holds a current Medical Gas Piping Installation Endorsement; and(2) is approved as a Course Instructor.(f) A Course Provider shall present a medical gas CPE course in a single day consisting of at least two (2) clock hours of instruction in the classroom.", "sourceNote": "Source Note: The provisions of this §365.21 adopted to be effective September 1, 2017, 42 TexReg 3774; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227106", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.22", "label": "Licensing Procedures for Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210874", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Military service members, military veterans and military spouses who held a license issued by the Texas State Board of Plumbing Examiners in the five years preceding their application date will be issued the same license type as that which was previously held.(b) Military service members, military veterans and military spouses who hold a current license issued by another jurisdiction that is similar in scope of practice to the requirement for the license in this state and is in good standing with that state's licensing authority will be issued the same license type as that which is held in the other jurisdiction.(1) For such applications, this agency will notify the applicant not later than the 10th business day after the date the agency receives an application that:(A) the agency recognizes the applicant's out-of-state license(B) the application is incomplete; or(C) the agency is unable to recognize the applicant's out-of-state license because the agency does not issue a license similar in scope of practice to the applicant's license.(2) A person is in good standing with another state's licensing authority if the person:(A) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;(B) has not been disciplined by the licensing authority with respect to the license or person's practice of the occupation for which the license is issued; and(C) is not currently under investigation by the licensing authority for unprofessional conduct related to the person's license or profession.(c) The agency has the sole discretion in determining whether an applicant's out-of-state license is similar in scope to a license issued by the agency. (d) Military service members, military veterans and military spouses who do not qualify for a license under Subsection (a) or (b) of this section may request that the Executive Director review the military service member's, military veteran's or military spouse's alternative credentials, including training, education and experience for the purposes of granting prerequisites to obtaining a license.(e) The Board shall process and issue, if qualified, an application submitted by a military service member, military veteran, or military spouse not later than the 10th business day after it is received.(f) Licensing and examination fees payable to the Board are waived for military service members, military veterans and military spouses as provided by Chapter 55 of the Texas Occupations Code. Late fees incurred while on active duty are waived for military service members.(g) Military spouses who do not wish to obtain a Texas plumbing license may apply, at no cost, for their out-of-state license to be recognized instead by submitting:(1) a copy of the spouse's military identification card; and a copy of the military spouse's marriage license; and(2) a copy of the out-of-state license showing that it is current and in good standing with that licensing authority at the same time of their application.(h) A person whose out-of-state license is recognized must comply with Chapter 1301 of the Texas Occupations Code and all other applicable laws and regulations.(i) Military service members and military veterans who do not hold a current out-of-state license or who have not held a Texas license in the five (5) years preceding their application may have their military experience credited toward license eligibility and apprenticeship requirements by submitting evidence of:(1) verified military service (DD Form 214 or equivalent); (2) training in plumbing or a related field; and(3) education in plumbing or a related field.(j) The applicant under this section must pass a criminal history background check. The agency may deny an application if the applicant has a disqualifying criminal history.", "sourceNote": "Source Note: The provisions of this §365.22 adopted to be\r\neffective September 1, 2017, 42 TexReg 3774; amended to be effective\r\nNovember 23, 2022, 47 TexReg 7685; amended to be effective December\r\n31, 2025, 50 TexReg 8610." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210874", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.23", "label": "Transfer of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210875", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board shall transfer a license to a person who:(1) meets the requirements set forth in the Plumbing License Law; and(2) submits the following:(A) the required application;(B) the required fee; and(C) a notarized Transfer of License Affidavit that is signed by the transferor or a valid will executed by the transferor.", "sourceNote": "Source Note: The provisions of this §365.23 adopted to be effective September 1, 2017, 42 TexReg 3774; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210875", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.24", "label": "Continuing Education and Training Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210876", "queryAsDate": "03/11/2026" }, "ruleBody": "The following are exempt from Continuing Professional Education and Training requirements:(1) a military service member on active duty who submits documentation establishing active duty status during the period in which the military service member is claiming an exemption;(2) a Board employee who reviews submitted course materials to determine if the materials meet the minimum standards for curriculum or who monitors courses to ensure compliance with the plumbing license law and Board rules; and(3) a course instructor approved for the period in which they are claiming an exemption.(4) an employee, contractor, or volunteer of a high school or institution of higher education, who provides at least 18 hours annually of instruction or training for a career and technology education program, may renew any license or endorsement if the person completes six (6) hours of continuing education or training at least every three (3) years.", "sourceNote": "Source Note: The provisions of this §365.24 adopted to be effective December 8, 2021, 46 TexReg 8257; amended to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210876", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "365", "label": "LICENSING AND REGISTRATION" }, "rule": { "number": "§365.25", "label": "Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212410", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The agency may issue temporary licenses to qualified, out-of-state plumbing professionals to work in Texas if the Governor of Texas issues a disaster proclamation, or in an event determined by the Executive Director;(b) Temporary license holders may only engage in the activities authorized by the license type during the disaster recovery period and only in the designated disaster area; and(c) An emergency license expires 30 days after issuance.", "sourceNote": "Source Note: The provisions of this §365.25 adopted to be effective November 23, 2022, 47 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212410&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212410", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212411", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The enforcement authority granted to the Board under Chapter 1301 of the Texas Occupations Code, and any associated rules, may be used to enforce the Plumbing License Law, Board Rules, and Board orders.(b) The enforcement authority granted to municipalities and plumbing inspectors under §1301.503 and §1301.551 of the Texas Occupations Code and to political subdivisions under §1301.255, and any associated rules, shall be used to enforce the Plumbing License Law, Board Rules, and applicable municipal ordinances or bylaws and adopted codes.(c) The enforcement authority granted to licensed Plumbing Inspectors under §§1301.255, 1301.503 and 1301.551 of the Texas Occupations Code, and any associated rules, shall be used to enforce the Plumbing License Law, Board Rules, and applicable municipal ordinances or bylaws and adopted codes.(d) The enforcement authority granted to a Field Representative employed by the Board under §1301.203 of the Texas Occupations Code, and any associated rules, may be used to enforce the Plumbing License Law and Board Rules.", "sourceNote": "Source Note: The provisions of this §367.1 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212411", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.2", "label": "Code Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212412", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To protect the health and safety of the citizens of this state, the Board adopts the following plumbing codes:(1) the 2018 Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials; and(2) The 2018 International Plumbing Code, as published by the International Code Council and the codes incorporated by reference within the 2018 International Plumbing Code, including:(A) the 2018 International Fuel Gas Code; and(B) the 2018 International Residential Code.(b) To ensure the proper design, installation, and maintenance of plumbing systems within its jurisdiction, a political subdivision may adopt a plumbing code with any amendments necessary to address local concerns provided that the amendments do not substantially vary with the rules or laws of this state.(c) Plumbing must be installed in accordance with all applicable plumbing codes adopted by the political subdivision in which the plumbing is being installed.(1) Plumbing installed by an individual licensed under the PLL in an unincorporated area of the county or other area where no plumbing code has been adopted must be installed in accordance with a plumbing code adopted under subsection (a) of this section.(2) A plumbing installation that was started prior to the Board's adoption of the plumbing codes listed in subsection (a) of this section may be completed under the requirements of the codes in effect at the time permits for the installation were issued or work on the installation commenced.(3) In addition to all applicable plumbing codes, Liquefied Petroleum Gas (LP-Gas) piping must be installed in accordance with all applicable rules adopted by the Texas Railroad Commission.(d) Any piping connecting a plumbing fixture, including a water closet, to a potable water supply shall be installed to prevent the back flow of nonpotable substances into the potable water system in accordance with the applicable plumbing code and state laws. Water closet fill valves (ball cocks) shall be of the antisiphon, integral vacuum breaker type with the critical level (the air inlet portion of the vacuum breaker) installed at least one (1) inch above the flood level rim of the fixture (the inlet of the water closet overflow tube).(e) Plumbing installed in compliance with a code adopted under subsection (a) or (b) of this section must be inspected by a Plumbing Inspector licensed under the PLL and Board rules.(f) A licensee or registrant shall not install, and a person shall not require a licensee or registrant to install, plumbing that is not in compliance with the Plumbing License Law or any other laws of this state, Board Rules, or any applicable plumbing codes.", "sourceNote": "Source Note: The provisions of this §367.2 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective June 16, 2021, 46 TexReg 3609; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212412&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212412", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.3", "label": "Standards of Conduct - Licensees and Registrants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212413", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Offer to Perform Services. All licensees and registrants:(1) shall accurately and truthfully represent to any prospective client or employer, his or her capabilities and qualifications to perform the services to be rendered;(2) shall not offer to perform, nor perform, technical services for which he or she is not qualified by education or experience, without retaining the services of another who is so qualified;(3) shall not evade responsibility to a client or employer;(4) shall give the customer an invoice or completed contract document on completion of the plumbing job, regardless of whether he or she charged a fee for performing the services; and(5) for the purposes of paragraph (4) of this subsection, the customer is the person to whom the plumbing or technical services were provided even if the services were provided pursuant to a contract with a third party including but not limited to a home warranty company, general contractor, or a company established to perform inspections.(b) Conflicts of Interest. All licensees and registrants:(1) shall not agree to perform services if any significant financial or other interest exists that would:(A) conflict with the obligation to render a faithful discharge of such services; or(B) impair independent judgment in rendering such services;(2) shall withdraw from employment when it becomes apparent that it is not possible to faithfully discharge the duty and performance of services owed the client or employer, but then only upon reasonable notice to the client or employer; and(3) shall not accept remuneration from any person other than the client or employer for a particular project, nor have any other financial interest in other service or phase of service to be provided for the project, unless the client or employer has full knowledge and so approves.(c) Representations. All licensees and registrants:(1) shall not indulge in advertising that is false, misleading, or deceptive;(2) shall not misrepresent the amount or extent of prior education or experience to any employer or client;(3) shall, when providing estimates for costs or completion times of a proposed project, represent to a prospective client or employer as accurately and truthfully as is reasonably possible the costs and completion time of the proposed project; and(4) shall not hold out as being engaged in partnership or association with any person unless a partnership or association exists in fact.(d) Compliance with Laws, Rules, Local Ordinances, and Board Orders. All licensees and registrants shall comply fully with:(1) the Plumbing License Law and all other state laws regulating plumbing work;(2) all rules adopted by the Board;(3) all Board orders;(4) the ordinances, bylaws and other local rules regulating plumbing adopted by a political subdivision; and(5) when applicable, the plumbing codes adopted by the Board.", "sourceNote": "Source Note: The provisions of this §367.3 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212413&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212413", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.4", "label": "Standards of Conduct - Plumbing Inspectors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212414", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Plumbing Inspector shall not:(1) have any financial, or advisory interest in any plumbing company; and(2) represent or indicate in any manner that the Plumbing Inspector is employed by or a representative of the Board or the State of Texas unless, in fact, the Plumbing Inspector is employed by the Board or the State of Texas.(b) A Plumbing Inspector shall not perform a plumbing inspection unless and until he or she has submitted proof of affiliation with a political subdivision in a form specified by the Board. An affiliation is established if the inspector is employed by or under contract with a political subdivision to perform plumbing inspections or employed by a qualified plumbing inspection company under contract with a political subdivision to perform plumbing inspections.(c) A Plumbing Inspector shall only accept compensation for performing a plumbing inspection from the political subdivision with jurisdiction over the jobsite where the inspection is performed or a qualified plumbing inspection business under contract with a political subdivision. A political subdivision may contract with a qualified plumbing inspection business to perform an inspection only if the business utilizes a licensed Plumbing Inspector to perform the inspection. This subsection does not apply to an inspection subject to §1301.255 of the PLL.(d) A Plumbing Inspector shall consistently and equitably, to all persons enforce the Plumbing License Law, Board Rules, and plumbing codes adopted by the board, and all local ordinances regulating plumbing codes adopted by the political subdivision(s) within the Plumbing Inspector's jurisdiction.(e) A Plumbing Inspector shall include his or her Plumbing Inspector License number on any document produced in connection with an inspection, including but not limited to:(1) a green tag or other document used to show plumbing work has passed inspection;(2) a notice of correction or other document used to show plumbing work has failed inspection; or(3) any correspondence, including but not limited to emails.", "sourceNote": "Source Note: The provisions of this §367.4 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212414&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212414", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.5", "label": "Responsibilities of RMP-General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212415", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Master Plumber may act as the RMP of record for only one person at a time. A RMP wishing to be removed or added as a RMP of record shall submit to the Board written notification of the change, in a form specified by the Board, within ten (10) business days after the effective date of the change.(b) The RMP of record shall be knowledgeable of and responsible for all contracts and agreements to perform plumbing work secured and permits obtained under his or her Master Plumber License. A RMP of record is not absolved of these responsibilities even if:(1) the job of obtaining a permit is delegated to another person; or(2) the RMP did not personally draft or sign the contract or agreement.(c) The RMP of record is responsible for the general supervision and management of plumbing work performed under his or her license and individuals performing plumbing work pursuant to contracts secured under his or her license, regardless of whether the individuals are employees or subcontractors. This includes:(1) ensuring that all permits are obtained and inspections are requested in accordance with all applicable plumbing codes;(2) ensuring that all individuals performing plumbing work under the RMP's license hold a current applicable license or registration for the work being performed;(3) ensuring that a licensee is present and providing direct supervision at all job sites where one or more registrants are engaged in plumbing; and(4) ensuring that all service vehicles display the information required by §367.10 of this title.(d) A RMP acting in accordance with subsection (c) of this section has fulfilled his or her responsibility to the client and employer to ensure that the plumbing work performed under the RMP's license will protect public health and safety by meeting the requirements of all applicable plumbing local and state codes, ordinances, rules regulations and laws regulating plumbing.", "sourceNote": "Source Note: The provisions of this §367.5 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212415&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212415", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.6", "label": "Responsibilities of RMP-Insurance Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212416", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Responsible Master Plumber shall at all times maintain insurance that:(1) meets the requirements of the PLL; and(2) includes coverage for all types of plumbing that will be performed under the RMP's license, including, but not limited to:(A) LP-Gas plumbing;(B) medical gas plumbing; and(C) multipurpose residential fire protection sprinkler systems.(b) A Master Plumber may not act as a RMP of record unless the Master Plumber has uploaded to the RMP's online account a valid certificate of insurance form approved by the Board.(c) Upon written request, the RMP or owner of the plumbing company shall furnish the name of the insurance carrier and name, address, and telephone number of the insurance agent with whom the RMP is insured to any customer within 30 days of the request. For the purposes of this subsection, the customer is the person to whom the plumbing services were provided even if the services were provided pursuant to a contract with a third party including but not limited to a home warranty company, general contractor, or a company established to perform inspections.", "sourceNote": "Source Note: The provisions of this §367.6 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212416&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212416", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.7", "label": "Responsibilities of RMP-Medical Gas Piping Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212417", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not offer to install pipe used solely to transport gases for medical purposes unless the person has secured the services of at least one RMP who holds a current Master Plumber License with a current Medical Gas Piping Installation Endorsement issued by the Board.(b) The RMP with the Medical Gas Piping Installation Endorsement shall be responsible for the general supervision of the installation and ensuring that:(1) all pipe used solely to transport gases for medical purposes is installed by the company; and(2) all medical gas pipe assembly, brazing, and installation of required pipe markings is performed only by a licensee who holds a current Medical Gas Piping Installation Endorsement issued by the Board.", "sourceNote": "Source Note: The provisions of this §367.7 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212417", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.8", "label": "Responsibilities of RMP-Multipurpose Residential Fire Protection Sprinkler Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212418", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not offer to install a multipurpose residential fire protection sprinkler system unless the person has secured the services of at least one RMP who holds a current Master Plumber License with a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement issued by the Board.(b) The RMP with the Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement shall be responsible for the general supervision of the installation and ensuring that:(1) the system is installed by a licensed Journeyman or Master Plumber with a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement;(2) any other person who assists with the installation of a multipurpose residential fire protection sprinkler system is registered or licensed by the Board and is assisting only under the direct supervision of the endorsement holder who is on the job installing the system;(3) the system has been designed by a licensed Master Plumber with a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement; and(4) the system is installed, tested and inspected in accordance with the requirements of the latest edition of the National Fire Protection Association (NFPA) standard 13D and all applicable local ordinances and state laws and rules regulating the installation of multipurpose residential fire protection sprinkler systems.(c) Upon final completion of the installation, the RMP with the Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement shall be responsible for ensuring that:(1) the owner of the system has been provided:(A) documentation that includes the RMP's name, license number, company name and contact information;(B) a copy of the plans or drawings of the system, as installed; and(C) instructions for the operation, maintenance and care of the system, in accordance with the latest edition of NFPA standard 13D and the material manufacturers' recommendations.(2) a warning sign is affixed in a visible location that is adjacent to the main shutoff valve; and(3) that the warning sign:(A) is typed in a font size of at least 1/4 inch;(B) identifies the RMP as the installer and includes the RMP's name, license number, company name and contact information;(C) states, \"WARNING: The water system for this home is a multipurpose system which supplies water to fire sprinklers that require certain flows and pressures to fight a fire. Devices that restrict the flow or decrease the pressure or automatically shut off the water to the fire sprinkler system, such as water softeners, filtration systems, and automatic shutoff valves, shall not be added to this system without a review of the fire sprinkler system by a fire protection sprinkler specialist. DO NOT REMOVE THIS SIGN\"; and(D) includes the Board's name and telephone number at the bottom.(d) A Master Plumber who holds a Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement and designs a multipurpose residential fire protection sprinkler system must obtain a seal.(1) The Master Plumber with the endorsement is responsible for the security of the seal.(2) The seal shall:(A) be in the shape of a circle that is at least one and one half inch in diameter;(B) include words, \"State of Texas\" at the top of the seal;(C) include the words, \"Licensed Master Plumber\" at the bottom of the seal; and(D) include the name and license number of the Master Plumber with the endorsement positioned horizontally in the center of the seal.(3) The seal must be clearly and legibly affixed to each original plan designed by the Master Plumber with the endorsement, and each copy of the plan.(4) The Master Plumber with the endorsement must sign and date the plan below the affixed seal.(5) By affixing the seal and signing the plan, the Master Plumber with the endorsement assumes responsibility for ensuring that the system as designed meets the requirements of the latest edition of the NFPA standard 13D and all applicable local ordinances and state laws and rules regulating the installation of multipurpose residential fire protection sprinkler systems.", "sourceNote": "Source Note: The provisions of this §367.8 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212418&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212418", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.9", "label": "Advertising; Offering to Perform Plumbing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200708", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person or company shall not advertise, contract for or otherwise offer or agree to perform plumbing work for or provide plumbing services to the public unless the person or company has secured the services of at least one RMP holding a current Master Plumber License.(b) A person or company has secured the services of a RMP if:(1) the RMP is an employee of the person or company; or(2) the RMP is the owner of the plumbing company that will contract for and perform plumbing work under his or her license.(c) A licensee who contracts for or otherwise agrees to perform plumbing work is not in violation of the PLL if the licensee has a written subcontracting agreement with a person or company that has secured the services of a RMP.(d) The agreement required in subsection (c) of this section shall:(1) be signed by the licensee contracting for, or otherwise offering to perform plumbing and the RMP of record for the plumbing company that will perform the plumbing work;(2) provide a description of all plumbing work to be performed pursuant to the agreement;(3) include the price for all plumbing work to be performed; and(4) contain the information required under the PLL and board rules.", "sourceNote": "Source Note: The provisions of this §367.9 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200708", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.10", "label": "Display of RMP Name and License Number" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212419", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Display of License Number on Service Vehicle. Both the RMP of record and owner of a plumbing company shall ensure that the RMP's license number and the company name are displayed on both sides of all service vehicles owned or operated by the company, or otherwise used in conjunction with providing plumbing work by, or on behalf of, the company. The license number must be preceded by the letters \"M\", \"MPL\", or \"RMP\". The letters and numbers must be placed on the body of the vehicle and must be of a contrasting color, and at least two inches in height.(b) Disclosure of Licensure and Regulatory Oversight on Contracts. Both the RMP of record and owner of a plumbing company shall ensure that the first page of each written or electronic proposal, invoice or contract for plumbing services includes, in at least twelve-point font:(1) the first and last name of the RMP of record;(2) the license number of the RMP of record;(3) the phrase \"regulated by the Texas State Board of Plumbing Examiners\"; and(4) the Board's mailing address, phone number, and website address (tsbpe.texas.gov).(5) For the purposes of this subsection, the terms \"proposal,\" \"invoice\" and \"contract\" include any and all documents used to define the scope and/or cost of the work to be performed for a consumer. This would include items such as written estimates, service invoices, billing invoices, receipts or any document, written or electronic, which defines the services and cost of the plumbing services provided to the consumer.(c) Disclosure of Licensure on Advertisements. Both the RMP of record and owner of a plumbing company shall ensure that all advertisements by a plumbing company designed to solicit plumbing business state the license number of the RMP of record, regardless of the type of media used. This includes business cards, \"flyers,\" referral coupons, or other handouts. The following advertising does not require disclosure of the license number:(1) nationally-placed, or interstate television advertising; provided, a statement is included indicating that license numbers for local providers are available upon request;(2) Internet advertising by a franchisor on behalf of its franchisees; provided, a statement is included indicating that license numbers for local providers are available upon request;(3) advertisements that do not contain a visual component, such as radio advertisements or solicitations by phone call; provided, the solicitor must include a statement indicating that the plumbing company complies with state licensing requirements. The license number of the RMP of record must be made available upon request;(4) promotional items of nominal value such as ball caps, T-shirts or other clothing (including company uniforms);(5) signs located on or adjacent to the plumbing company's permanent business location; or(6) telephone book listings or other company information aggregated by a third party for which the plumbing company does not possess editorial control or influence over the content, and does not otherwise participate in the dissemination or promotion of such content.", "sourceNote": "Source Note: The provisions of this §367.10 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective August 16, 2020, 45 TexReg 5514." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212419&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212419", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.11", "label": "License or Registration Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212420", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual shall not engage in plumbing work requiring a license, registration or endorsement under the Plumbing License Law without a current license, registration or endorsement issued by the Board.(b) An individual shall not perform a plumbing inspection without a current affiliated Plumbing Inspector License issued by the Board.(c) A person shall not employ or enter into a subcontract with an individual to engage in plumbing work requiring a license, registration or endorsement under the Plumbing License Law if the individual does not hold the appropriate license, registration or endorsement required for the type of work performed.(d) A political subdivision shall not employ or contract a person who does not hold a Plumbing Inspector License issued by the Board. The plumbing inspector must be affiliated with the political subdivision having jurisdiction.(e) A person shall not use the certificate of licensure, pocket card or license or registration number of another licensee or registrant.(f) Licensees and registrants shall not allow another person to use their certificate of licensure, pocket card or license or registration number.", "sourceNote": "Source Note: The provisions of this §367.11 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212420", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.12", "label": "On-Site License and Registration Checks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or registrant shall carry his or her pocket card at all times he or she is present at a jobsite or engaged in plumbing work.(b) A licensee or registrant shall cooperate with a Field Representative conducting a check in accordance with this section.(c) An enforcement officer employed by the Texas Department of Licensing and Regulation may also check licenses and registrations and report non-compliance to the Board.(d) In addition to initiating disciplinary actions against unlicensed or unregistered individuals or those without a current license or registration, the Board may refer non-compliant individuals to local authorities for enforcement and disposition.", "sourceNote": "Source Note: The provisions of this §367.12 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192042", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.13", "label": "Filing Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212421", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board shall only accept a complaint that is submitted in writing in a format specified by the Board.(b) A complaint may be submitted via mail, electronic mail, facsimile or in person.(c) A complaint shall contain:(1) the complainant's name and contact information;(2) a description of the alleged violation;(3) the name of the municipality and all other political subdivisions in which the conduct that is the subject of the complaint occurred;(4) the name and contact information of any known witnesses or other sources of pertinent information; and(5) any evidence in the possession of the complainant, including but not limited to:(A) estimates, contracts or invoices;(B) cancelled checks;(C) photographs of any plumbing work that is the subject of the complaint;(D) written communications between the complainant and respondent; and(E) websites, business cards, or other advertisements used by the respondent.(d) For the purposes of subsection (c) of this section, contact information may include, but is not limited to, name, address, telephone number, email address, business name, business address, business telephone number, and website.(e) The Director of Enforcement may refuse to accept a complaint that does not contain sufficient information to determine whether the Board has jurisdiction over the complaint.(f) The Board may accept anonymous complaints. Anonymous complaints may not be investigated if insufficient information is provided, the allegations are vague, appear to lack factual foundation, or cannot be proved for lack of a witness or other evidence.", "sourceNote": "Source Note: The provisions of this §367.13 adopted to be effective August 29, 2018, 43 TexReg 5531." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212421&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212421", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.14", "label": "Processing Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212422", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Director of Enforcement will review a complaint submitted to determine whether the Board has jurisdiction.(b) If it is determined that a complaint is within the Board's jurisdiction the Director of Enforcement will:(1) assign a complaint number;(2) assign an investigation priority number; and(3) appoint a Field Representative to investigate the complaint.(c) If it is determined that a complaint is not within the Board's jurisdiction, the Director of Enforcement will notify the complainant of that determination, in writing.(d) The investigation priority number for purposes of subsection (b)(2) of this section will range from Priority 1 to Priority 3, with a lower number indicating a more serious violation deserving of investigation before investigation of matters with a higher number, determined as follows:(1) Priority 1 - Complaints alleging bodily injury or the imminent threat of harm to the public's health, safety or economic welfare, or the environment. The following matters will be classified as Priority 1:(A) Combustible fuel gases. Complaints alleging or involving combustible fuel gases, such as improperly installed fuel gas lines, fuel-gas-fired appliances or water heaters, gas leaks, explosions, or unlicensed, unsupervised or unpermitted plumbing work involving combustible fuel gas which has not otherwise been subjected to and passed an inspection by a Plumbing Inspector;(B) Medical gas. Complaints alleging or involving improperly installed, or unpermitted medical gas plumbing, or unlicensed, unsupervised or un-credentialed individuals installing medical gas plumbing which has not otherwise been subjected to and passed an inspection by a Plumbing Inspector;(C) Contamination of potable water; illness or disease. Complaints alleging or involving cross-connections or other incursions of sewage or substances of unknown origin into the potable water supply. Complaints alleging or involving illness or disease attributable to a plumbing system or suspected of being transmitted by a plumbing system;(D) Uninhabitable primary residence or business. Complaints alleging or describing the ongoing substantial impairment of the enjoyable use of a building used as a primary residence or the facility of a business and used for its day-to-day operations, due to the plumbing system, and arising from the alleged violation;(E) Major environmental spills. Complaints alleging substantial release of effluent from a plumbing system and contamination or threatened contamination of a freshwater body; and(F) Habitual offender. Complaints alleging a violation by a person having a recent history of past violations and for whom expedient injunctive relief may be required to obtain compliance.(2) Priority 2 - Complaints which allege the occurrence of economic damages, but not bodily injury, and that do not allege an ongoing condition which poses an imminent threat of harm to the public's health, safety or economic welfare, or the environment. The following matters in particular will be classified as Priority 2:(A) Harmful condition resolved. Complaints alleging a harmful condition of a plumbing system that, at one time, may have posed the threat of bodily injury or economic harm, and may have actually caused economic harm, but has since been resolved, typically by the alleged offender, or a subsequent plumber who remedied the potentially harmful condition;(B) Economic injury only, with no ongoing threat of harm. Complaints alleging economic harm, but not bodily injury, and for which the nature of the violation never posed the threat of such bodily injury; and, which no longer poses an imminent threat of further economic harm. For example, evading responsibility to a client (thereby requiring the consumer to obtain replacement services), misrepresentation of services provided, general dissatisfaction with workmanship but not affecting the function of the plumbing system, improper billing practices, or the improper retention of money or materials;(C) Unlicensed work inspected by a Plumbing Inspector. Complaints alleging unlicensed plumbing work for which a plumbing permit is nevertheless obtained and passes an inspection by a Plumbing Inspector, indicating the plumbing system is reasonably safe for use;(D) Unsupervised work by a registrant, without inspection. Complaints alleging plumbing work performed by a Plumber's Apprentice that was performed without the requisite level of supervision, and has not otherwise been subjected to and passed an inspection by a Plumbing Inspector;(E) Failure to obtain plumbing permit by a licensee. Complaints alleging work performed by a licensee fit to perform the work but for which a plumbing permit was not obtained as required by the local authority having jurisdiction, and a plumbing inspection never conducted to ensure compliance with applicable plumbing codes; and(F) Requests from local authorities or for interagency assistance. Complaints made by, or requests for assistance from, a local authority having jurisdiction such as a Plumbing Inspector or building official on behalf of a municipality or utility district, a Fire Marshall, or another representative of a governmental unit.(3) Priority 3 - Complaints not classified as Priority 1 or Priority 2 will be classified as Priority 3. The following matters in particular will be classified as Priority 3:(A) Unsupervised work by a registrant, with inspection. Complaints alleging work performed by a Plumber's Apprentice that was performed without requisite supervision, but was subjected to and passed an inspection by a Plumbing Inspector;(B) Late permit by a licensee. Complaints alleging work performed by a licensee who failed to timely obtain a permit, but which was thereafter permitted and inspected by a Plumbing Inspector;(C) No proof of violation. Complaints alleging a violation within the Board's jurisdiction but that fail to allege a factual basis for the alleged violation or otherwise indicate an inability to obtain credible evidence to support the alleged violation; and(D) Class B Violations. Any matter alleging only a violation which is classified as a Class B violation for purposes of the Board's penalty schedule, adopted by Board Rule §367.17 of this title.(4) A complaint alleging multiple violations will be assigned the lowest applicable investigation priority number.(5) The Director of Enforcement may conduct an initial investigation of the complaint for purposes of determining the appropriate investigation priority number, prior to appointing a Field Representative to formally investigate the matter.(6) The Director of Enforcement may re-classify the complaint and assign a different investigation priority number at any time within their sole discretion, when investigation of the complaint indicates it should be reassigned, either as a higher priority, or a lower priority, in accordance with the criteria set forth in subsection (d) of this section.", "sourceNote": "Source Note: The provisions of this §367.14 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective June 9, 2019, 44 TexReg 2716; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212422", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.15", "label": "Investigating Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212423", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and Reference to Applicable Law. This section implements the Board's processes and procedures for investigating complaints alleging violations of the PLL or Board Rules. The Board will investigate complaints from the public validly filed in accordance with Board Rules. The Board may also open a complaint investigation on its own initiative. This section also implements the Board's investigative procedures for prioritizing the investigation of complaints in accordance with §1301.303(e) of the PLL.(b) The Board may utilize its Field Representatives, Director of Enforcement or staff to investigate an alleged violation of the Plumbing License Law or Board Rules by a person who:(1) is registered or licensed under the PLL;(2) is the owner of a company subject to the PLL;(3) performs plumbing without holding a registration or license under the PLL; or(4) advertises or otherwise offers to perform plumbing work without holding a license under the PLL.(c) Prioritization of Complaints. Field Representatives will prioritize the investigation of complaints filed with the Board above their other enforcement activities and duties. Specifically, complaints will be investigated based on the investigation priority number they are assigned in accordance with Board Rules as follows:(1) Priority 1 complaints will be investigated before any other complaints, and will be investigated in order based upon the potential for harm to the public's health or safety, from greatest to least, as determined in the sole discretion of the Field Representative to whom the complaint is assigned, in consultation with the Director of Enforcement.(2) Priority 2 complaints will be investigated before any Priority 3 complaints, and will be investigated in order based upon the potential for harm to the public's health or safety, from greatest to least, as determined in the sole discretion of the Field Representative to whom the complaint is assigned, in consultation with the Director of Enforcement.(3) Priority 3 complaints will be investigated when there are not Priority 1 or Priority 2 cases open and pending and requiring active investigation by the Field Representative to whom they are assigned, except as provided by paragraph (5) of this subsection.(4) The Field Representative will not conduct on-site license and registrations checks for so long as a Priority 1 or Priority 2 complaint to which they have been assigned is open and pending and requires active investigation by the Field Representative, except as provided by paragraph (6) of this subsection.(5) The Field Investigator may investigate a complaint having a higher investigation priority number contemporaneously with the investigation of a lower investigation priority number; provided, the complaints arise from the same area or will otherwise result in gains in administrative efficiency without imposing substantial delays in investigating complaints with a lower investigation priority number that would expose the public to additional risk of harm, as determined in the sole discretion of the Field Representative, in consultation with the Director of Enforcement.(6) The Field Investigator may conduct on-site license and registration checks contemporaneously with and en route to investigating a complaint; provided the Field Representative determines that said checks will not impose substantial delays in investigating complaints filed with the Board and will not expose the public to additional risk of harm, as determined in the sole discretion of the Field Representative, in consultation with the Director of Enforcement.(d) Cooperation Required. Licensees and registrants must cooperate with the Board and its Field Representatives during the investigation of a complaint.(e) Complaint Statistics. The Director of Enforcement will maintain a file for each written complaint alleging a violation of the Plumbing License Law or Board Rules filed with the Board and determined to be within the Board's jurisdiction. The files are subject to the agency's record retention schedule and must include:(1) the source of the complaint;(2) the complaint and all documents submitted;(3) the date the complaint is received by the agency;(4) the investigation priority number assigned;(5) the evidence collected during the investigation of the complaint;(6) the geographic area, including the name of any municipality and the county in which the conduct that is the subject of the complaint occurred;(7) the name of each person contacted in relation to the complaint;(8) a summary of the results of the review or investigation of the complaint; and(9) an explanation of the reason the file was closed, if the agency closed the file without taking action other than to investigate the complaint.(f) The Director of Enforcement will review the statistical information available in the complaint files to identify geographical areas of concern where enforcement activities should be focused and make recommendations to the Executive Director for addressing such areas utilizing the resources available to the agency.(g) Following the investigation of a complaint, the Director of Enforcement and staff will review the findings of the investigation with recommendations for disposition of the complaint.", "sourceNote": "Source Note: The provisions of this §367.15 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective June 9, 2019, 44 TexReg 2716; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212423", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.16", "label": "Complaint Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212424", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The staff shall pursue expeditious resolution of complaints by voluntary agreed settlement, whenever appropriate.(b) The staff may close a complaint if it concludes:(1) the Board lacks jurisdiction over the complaint;(2) no violation of the PLL, Board Rules or a Board order has occurred;(3) there is insufficient evidence of a violation; or(4) the respondent has voluntarily come into compliance with the PLL, Board Rules, or Board order.(c) The staff may close a complaint and issue a warning if:(1) it concludes that a violation may have occurred;(2) the respondent has not received any prior warnings; and(3) the respondent has not committed a previous violation of the PLL, Board Rules or Board orders.(d) If staff determines that a violation of the PLL, Board Rules or a Board order has occurred, it may recommend:(1) issuing a Cease and Desist Order pursuant to §1301.5045 of the PLL;(2) imposing an administrative penalty pursuant to Subchapter N of the PLL;(3) suspending, revoking or refusing to renew the respondent's license, endorsement or registration pursuant to §1301.451 and §1301.452 of the PLL;(4) reprimanding the respondent pursuant to §1301.451 and §1301.452 of the PLL; or(5) pursuing any other disciplinary action allowed under the Plumbing License Law and Board Rules that justice may require.(e) The staff may offer an informal conference to a respondent, in accordance with the requirements of the Administrative Procedure Act, if it will assist the staff with determining:(1) whether a violation occurred;(2) the seriousness or the effect of a violation;(3) the most appropriate disciplinary action;(4) whether to offer a settlement agreement; or(5) the amount of restitution to be paid by a respondent pursuant to §1301.5071 of the Plumbing License Law, instead of, or in addition to other disciplinary actions.", "sourceNote": "Source Note: The provisions of this §367.16 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212424", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.17", "label": "Administrative Penalty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212425", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the agency decides to pursue an administrative penalty, a Notice of Alleged Violation must be issued to the Respondent. This notice will include a brief summary of the alleged violation, state the amount of the administrative penalty pursued, and inform the Respondent of the Respondent's right to a hearing before the State Office of Administrative Hearings on the occurrence of the violation or the amount of the penalty. There is a rebuttable presumption that the notice is received three (3) days after it was mailed.(b) Not later than the 20th day after the Notice of Alleged Violation is received by the Respondent, the Respondent, in writing, must:(1) agree to settle the matter without a formal hearing before the State Office of Administrative Hearings and accept the determination and settlement penalty recommended by the agency staff; or(2) make a request for a formal hearing before the State Office of Administrative Hearings on the occurrence of the violation, the amount of the penalty, or both.(c) If, within twenty (20) days of receipt, the Respondent fails to respond to the Notice of Alleged Violation and either accept the the agency 'sdetermination and recommended administrative penalty, sanction, or both, or make a written request for a hearing on the determination, the staff may propose entry of a default order against the Respondent unless otherwise provided by applicable law.(d) Where the Respondent fails to answer to the Notice of Alleged Violation, the staff may present to the Board a proposed Default Order containing findings of fact and conclusions of law. The Board may grant the relief recommended in the proposed Default Order, or such other relief as may be justified by the evidence presented. (e) If the Respondent agrees to settle the matter without a formal hearing and accepts the determination and amount of penalty recommended by staff, the Respondent must pay the penalty to the Board according to an agreed schedule, or if there is no agreed schedule, not later than sixty (60) days following the date that the Notice of Alleged Violation was issued.(f) The staff must report the proposed agreement to the Board stating a summary of the facts or allegations against the Respondent and the amount of the recommended administrative penalty. The Board may approve the proposed agreement and its recommended penalty by order. If the Respondent subsequently violates the Board's Order adopting the agreement by failing to pay the penalty timely, the Board may:(1) refuse to renew the Respondent's license or registration; (2) refuse to issue a new license or registration to the Respondent, under §1310.451 of the Plumbing License Law;(3) revoke the Respondent's license or registration; and(4) may sue the Respondent to collect the penalty owed under §1301.712 of the Plumbing License Law.(g) The staff must set a formal hearing on the matter as a contested case before an administrative law judge at the State Office of Administrative Hearings if:(1) the Respondent requests a formal hearing as required by subsection (b)(2) of this section;(2) the parties do not agree to settle the matter as stated in subsection (e) of this section;(3) the Board declines to approve the proposed agreement in subsection (f) of this section; or(4) the Respondent attends at the time and place prescribed in the notice required by subsection (d) of the section.(h) Following the hearing, the administrative law judge must issue a proposal for decision to the Board containing findings of facts and conclusions of law. The Board has the discretion to impose the sanction that best accomplishes the Board's legislatively-assigned enforcement goals. The Board is the ultimate arbiter of the proper penalty.(i) The Board may impose an administrative penalty alone or in addition to other sanctions permitted under the Plumbing License Law.(j) In determining the proper administrative penalty, the Board will apply the factors to be considered set forth in §1301.702(b) of the Plumbing License Law.(k) The following table contains guidelines for the assessment of administrative penalties in disciplinary matters. This table is for standard violations under normal circumstances and does not necessarily include every possible violation of the Plumbing License Law or Board Rules. The table is divided into two classes of violations. Class A violations are those violations with greater potential to jeopardize public health, safety, welfare, property, or environment. Class B violations are those with less immediate potential to jeopardize public health, safety, welfare, property, or environment.Attached Graphic(l) The amounts specified in the table in subsection (k) of this section are guidelines only. The Board retains the right to increase or decrease the amount of an administrative penalty based on the circumstances in each case. In particular, the Board may increase the amount of administrative penalties when the Respondent has committed multiple violations (e.g., some combination of different violations).(m) Because it is the policy of the Board to pursue expeditious resolution of complaints when appropriate, administrative penalties in uncontested cases may be less than the amounts specified in the table in subsection (k) of this section. Among other reasons, this may be because the Respondent admits fault, takes steps to rectify matters, timely responds to Board concerns, or identifies mitigating circumstances, and because settlements avoid additional administrative costs to the Board.(n) The cost of preparing the transcript of an administrative hearing is not an administrative penalty. Yet in all cases where the Board has determined that a violation occurred, the Board assesses the cost of the transcript of the administrative hearing to the Respondent. (o) Based on the proposal for decision, including the findings of fact and conclusions of law, the Board must issue an Order stating its decision in the contested case and a notice to the Respondent of the Respondent's right to judicial review of the Order.(p) When the Default Order adopted under subsection (d) of this section or the Order adopted under subsection (o) of this section includes the imposition of an administrative penalty:(1) not later than the 30th day after the date that the Default Order or Order becomes final:(A) the Respondent must pay the penalty to the Board; or(B) the Respondent must file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both, in accordance with §1301.707 or §1301.708 of the Plumbing License Law.(2) after all opportunities for judicial review have passed and it is determined that the Respondent owes the penalty and fails to pay the penalty timely:(A) the Board is authorized to refuse to renew the Respondent's license or registration and refuse to issue a new license or registration to the Respondent, under §1301.707 of the Plumbing License Law; and(B) the Attorney General may sue the Respondent to collect the penalty under §1301.712 of the Plumbing License Law.", "sourceNote": "Source Note: The provisions of this §367.17 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212425&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212425", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.18", "label": "Reprimand; Probation; Suspension; Revocation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212426", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon a determination that a violation of the PLL, an order issued by the board, or a board rule has occurred, the Board shall revoke, suspend, or refuse to renew a license, endorsement, or registration, or shall reprimand a holder of a license or registration.(b) For the purposes of this section, a reprimand means any disciplinary action, other than the probation, suspension or revocation of a license, endorsement or registration.(c) A person whose license, endorsement, or registration has been revoked pursuant to this section may not apply for a new license, endorsement, or registration before one year from the date of final revocation.(d) The Board may place on probation a person whose license, endorsement, or registration is suspended. If a license, endorsement, or registration suspension is probated, the board may require the person:(1) to report regularly to the agency on matters that are the basis of the probation;(2) to limit practice to the areas prescribed by the board; or(3) to continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.(e) If the staff or the Board determines that probation is appropriate to deter future violations of the Plumbing License Law and Board Rules by the respondent, probation shall be administered consistently under the following guidelines:(1) for violations with greater potential to jeopardize public health, safety, welfare, property, or environment (as listed in the Board's Administrative Penalty Schedule for Class A violations), the term of the probation may not be less than one year or more than five years; and(2) for violations with less potential to jeopardize public health, safety, welfare, property, or environment (as listed in the Board's Administrative Penalty Schedule for Class B violations), the term of the probation may not be less than six months or more than one year.(f) Probation by voluntary agreed settlement between a respondent and the staff may meet such terms that both parties deem fair and which in the interest of justice may require.", "sourceNote": "Source Note: The provisions of this §367.18 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212426", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.19", "label": "Failure to Request a Hearing After Notice of Intent to Deny or Revoke" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212427", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the staff proposes to deny an application for examination or registration or revoke or suspend a license, registration, or endorsement, staff shall give timely written notice of the denial or revocation to the applicant to the last known address provided to the Board by the applicant.(b) The language of the notice shall include:(1) a summary of the allegations against the applicant;(2) the applicant's right to be represented by an attorney on the matter;(3) the applicant's right to request a hearing on the matter before SOAH;(4) the applicant's request for a hearing must be made no later than twenty (20) days after the receipt of the notice; and(5) the applicant's failure to request a hearing within twenty (20) days after the receipt of the notice results in the staff's decision to deny or revoke becoming final and judicial appeal of the denial or revocation being waived by the applicant.(c) Any individual whose application for examination or registration has been denied or whose license, registration or endorsement has been revoked may re-apply to the Board after a waiting period of at least one year from the date that the denial or revocation became final. The staff shall be delegated the authority of making the initial review of the re-application. If the staff decides to deny the re-application it shall proceed as defined in subsection (a) of this section.", "sourceNote": "Source Note: The provisions of this §367.19 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212427", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.20", "label": "Informal Settlement Conference" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212428", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and Reference to Applicable Law. It is the policy of the Board to resolve contested cases efficiently by informally disposing of matters by agreement and voluntary settlement whenever possible, to the extent such settlement is aligned with and will advance the Board's regulatory functions. This section implements the Board's processes and procedures for effectuating informal disposition of contested cases, including procedures for conducting Informal Settlement Conferences, pursuant to §1301.5071 of the PLL. For the foregoing reasons, and in order to advance the State's policy goals expressed in Chapter 2009 of the Government Code (Governmental Dispute Resolution Act) and Chapter 154 of the Civil Practice and Remedies Code to resolve disputes as fairly and expeditiously as possible, contested cases that the Board determines are capable of being resolved by informal disposition and voluntary settlement will be referred to an Informal Settlement Conference to seek such resolution.(b) Referral to Informal Settlement Conference (ISC). In the event an individual makes a timely request for an adjudicative hearing in accordance with §1301.704 of the PLL and Board Rules, prior to the Board docketing the matter at SOAH and setting such hearing, the Director of Enforcement will determine whether to refer the matter to an Informal Settlement Conference in accordance with this section. In making such determination, the Director of Enforcement will consider:(1) whether the complainant or the respondent has requested an ISC in accordance with subsection (d) of this section;(2) if an ISC is requested by the respondent, whether the request appears to have been brought in bad faith or for purposes of delay rather than to resolve the matter;(3) the extent to which the contested case involves factual matters in dispute;(4) the extent to which a complainant or other party has suffered damages that may be compensated through the payment of restitution, in accordance with §1301.5071 of PLL; and(5) in cases in which the Board seeks to suspend or revoke a license, registration or endorsement, the extent to which probationary restrictions might present a viable alternative to suspension or revocation.(c) Non-referral to Informal Settlement Conference. The following contested cases are ineligible for and will not be referred to an ISC:(1) cases in which the Board is seeking denial of an application for a license, registration or endorsement, or to take an examination; and(2) cases concerning a determination, following a request for preliminary review of an individual's criminal background, that an individual is ineligible for licensure.(d) Request for Informal Settlement Conference. A complainant or the respondent may request to refer an eligible matter to an Informal Settlement Conference by making a written request delivered to the Board. A request for an ISC is a factor to be considered by the Director of Enforcement in determining whether to refer the contested case to an ISC, but will not automatically result in referral to an ISC.(e) Notice of Informal Settlement Conference. If a contested case is referred to an ISC, the respondent will be provided with at least thirty (30) days' written notice of the ISC. The Board will contact the respondent and any other party invited to attend for purposes of attempting to set the date and time for the ISC by agreement.(f) Submission of Informal Settlement Conference Materials. At least ten (10) days in advance of the Informal Settlement Conference, the respondent must:(1) submit all documentary evidence to be considered by the Board at the Informal Settlement Conference not already contained in the investigation report submitted by the Board's Field Investigator and reviewed by the Board in initiating the contested case;(2) submit any written accounts or witness statements of the respondent, or any third parties, relevant to the matter, that the respondent would like the Board to consider, signed and dated, and sworn under oath or made by unsworn declaration in accordance with Chapter 132 of the Civil Practice and Remedies Code; and(3) to the extent respondent is represented by an attorney, a letter of representation from the attorney asserting said representation.(g) Appearance at an Informal Settlement Conference. Appearance at an Informal Settlement Conference may be in person or by phone. The Board may conduct the Informal Settlement Conference by video conferencing to the extent it is determined by the Executive Director or Director of Enforcement to be technically feasible and allowable.(h) Appearance by the Board. An Informal Settlement Conference is not a meeting of the members of the Board, and will not be attended by Board members. The Executive Director and/or the Director of Enforcement will attend and will preside over the Informal Settlement Conference. An attorney on the Board's staff will also attend the Informal Settlement Conference. The Field Investigator who investigated the complaint may attend, in addition to any other Board staff whose appearance may be helpful, as determined by the Executive Director or the Director of Enforcement.(i) Invitation of the Complainant or Third Parties. The Board may invite the complainant or a third party with information relevant to the investigation to attend the Informal Settlement Conference.(j) Format; Record. At the Informal Settlement Conference, members of Board staff will review the materials submitted by the respondent in accordance with subsection (f) of this section. Board staff will question the respondent concerning any matters deemed relevant to investigating and resolving the matter. The respondent will be given an opportunity to be heard by Board staff to present their case. The Respondent should be prepared to identify any defenses or mitigating factors weighing in favor of a lesser penalty or other form of discipline sought by the Board. A record of the proceeding may be taken as determined in the discretion of the Executive Director or Director of Enforcement, including by audio or video recording. To the extent a record is made, the Board will notify the respondent of that fact. A copy will be provided to the respondent, upon written request. Admissions made by the respondent at the ISC may be used at a formal adjudicative hearing at SOAH, if applicable.(k) Proposed Settlement; Agreed Final Order. To the extent Board staff and the respondent agree in principle to a proposed resolution of the contested case that includes payment of restitution, action on the respondent's license or registration, the payment of an administrative penalty or any other disciplinary action, or combination of disciplinary actions, the Board will prepare an Agreed Final Order capturing the terms of the proposed settlement, to be presented to the Board for consideration and possible adoption. To the extent restitution payments are proposed, the amount of the restitution will be included in the Agreed Final Order, and the payee of the restitution payments will be specifically named, and their last known address listed, in such Agreed Final Order.", "sourceNote": "Source Note: The provisions of this §367.20 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective June 9, 2019, 44 TexReg 2718; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212428", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.21", "label": "Contested Case; State Office of Administrative Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192051", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A contested case shall mean any action that is referred to SOAH.(b) Respondent means:(1) a person in a contested case charged with a violation of the Plumbing License Law or Board Rules; or(2) an applicant who has been denied a license, registration or endorsement.(c) The Board shall provide for a hearing at SOAH, when requested by a respondent, after issuing a formal complaint that:(1) charges an individual with any violation of the Plumbing License Law or Board Rules; or(2) would prevent an otherwise qualified individual from obtaining an initial registration, renewing a license, registration, or endorsement, or taking an examination.(d) The Board shall conduct the hearing in accordance with all applicable provisions of the:(1) Administrative Procedure Act;(2) State Office of Administrative Hearings Rules;(3) Plumbing License Law; and(4) Board Rules.(e) The Board may serve the notice of hearing on the respondent at his or her last known address as shown by the Board's records.", "sourceNote": "Source Note: The provisions of this §367.21 adopted to be effective August 29, 2018, 43 TexReg 5531; amended to be effective February 16, 2023, 48 TexReg 684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192051", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "17", "label": "TEXAS STATE BOARD OF PLUMBING EXAMINERS" }, "chapter": { "number": "367", "label": "ENFORCEMENT" }, "rule": { "number": "§367.22", "label": "Failure to Attend Hearing and Default" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Default. If the party who does not have the burden of proof fails to appear at a contested case hearing at the State Office of Administrative Hearings (SOAH), the administrative law judge must issue a default proposal for decision that can be adopted by the Board.(b) Failure to issue default proposal for decision. If the administrative law judge grants a default but does not issue a default proposal for decision and instead issues a default order dismissing the case and returning the file to the Plumbing Board for informal disposition on a default basis in accordance with §2001.056 of the Texas Government Code, the Board may issue a final order deeming the allegations in the complaint as true and imposing the sanctions requested in the complaint.(c) Failure to prosecute: If an applicant for licensure fails to appear at a contested case hearing at the SOAH, the administrative law judge must dismiss the case for want of prosecution, any relevant application will be withdrawn, and the Board may not consider a subsequent application from the party until the first anniversary of the date of dismissal of the case at SOAH. If the administrative law judge dismisses the case and returns the file to the board for informal disposition on a default basis in accordance with §2001.056 of the Texas Government Code, the Board will issue a final order referring to this rule and advising the applicant that his or her application was withdrawn and that he or she may reapply for licensure one year after the date of the dismissal of the case at the SOAH.(d) Applicants for licensure bear the burden to prove fitness for licensure.(e) Contesting a final order issued following a default or dismissal for failure to prosecute. In the event that the respondent wishes to contest a final order issued following a default or dismissal for failure to prosecute, the respondent must timely file a motion for rehearing as provided by Chapter 2001 of the Texas Government Code and this motion must show the following:(1) the failure to timely file a written answer or appear at the SOAH hearing was caused by fraud, accident, or wrongful act or mistake of the Board;(2) the failure to timely file a written answer or appear at the SOAH hearing was not the result of respondent's fault or negligence nor of respondent's representative if any;(3) the respondent has a meritorious defense; and(4) the motion for rehearing must be supported by affidavits and documentary evidence of the above and show a prima facie case for a meritorious defense.", "sourceNote": "Source Note: The provisions of this §367.22 adopted to be effective August 29, 2018, 43 TexReg 5531." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201252", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "A", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§463.1", "label": "Regionally Accredited Educational Institutions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201253", "queryAsDate": "03/11/2026" }, "ruleBody": "Degrees required for licensure under Occupations Code, Chapter 501 must have been awarded or conferred by an institution of higher education accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation, the Texas Higher Education Coordinating Board, or the United States Department of Education.", "sourceNote": "Source Note: The provisions of this §463.1 adopted to be effective October 7, 2020, 45 TexReg 6999." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201253", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "A", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§463.2", "label": "Reciprocity Agreements with Other Jurisdictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201254", "queryAsDate": "03/11/2026" }, "ruleBody": "The Council may enter into reciprocal licensing agreements with other jurisdictions pursuant to §501.262 of the Psychologists' Licensing Act. In determining whether the requirements for licensure, certification, or registration in other jurisdictions are substantially equal to those prescribed by the Psychologists' Licensing Act, for the granting of licensure by reciprocity, the Council shall consider the following:(1) whether the jurisdiction's qualifications for licensure are substantially equal to the requirements for a comparable license under the Psychologists' Licensing Act;(2) whether a jurisdiction will license an applicant who would be ineligible for licensure in Texas due to a criminal history;(3) whether the jurisdiction's cut-off score on a mutually required examination meets or exceeds the Texas cut-off score; and(4) whether the jurisdiction's supervised experience requirements for a particular license provide a measure of public protection, which at a minimum is substantially equal to the supervised experience requirements for a comparable license under the Psychologists' Licensing Act.", "sourceNote": "Source Note: The provisions of this §463.2 adopted to be effective October 7, 2020, 45 TexReg 6999." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201254", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "A", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§463.3", "label": "Use of Other Mental Health License During Supervised Experience" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215065", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual who holds a mental health license, other than one issued under Chapter 501, may not obtain the required practicum, internship, or supervised experience required for a license under Chapter 501 while practicing under that license.(b) An individual subject to subsection (a) of this section must comply with the Psychologists' Licensing Act and all applicable Council rules regarding the use of appropriate titles.", "sourceNote": "Source Note: The provisions of this §463.3 adopted to be effective October 7, 2020, 45 TexReg 6999." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215065", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§463.8", "label": "Licensed Psychological Associate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224449", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensure Requirements. An applicant for licensure as a psychological associate must:(1) hold a graduate degree in psychology from a regionally accredited institution of higher education;(2) provide documentation of at least six (6) semester credit hours of practicum, internship or other structured experience within the applicant's graduate degree program under the supervision of a licensed psychologist or under the supervision of an individual that holds a license as a specialist in school psychology;(3) pass all examinations required by the Council and meet each of the criteria listed in §501.2525(a)(3)-(9) of the Occupations Code; and(4) demonstrate graduate level coursework in each of the following areas:(A) Psychological Foundations:(i) the biological bases of behavior;(ii) the acquired or learned bases of behavior, including learning, thinking, memory, motivation and emotion;(iii) the social, cultural, and systemic bases of behavior;(iv) the individual or unique bases of behavior, including personality theory, human development, and abnormal behavior;(B) Research and Statistics:(i) the methodology used to investigate questions and acquire knowledge in the practice of psychology;(ii) coursework in research design and methodology, statistics, critical thinking, and scientific inquiry;(C) Applied Psychology:(i) the history, theory, and application of psychological principles;(ii) the application of psychological theories to individuals, families, and groups;(D) Assessment:(i) intellectual, personality, cognitive, physical, and emotional abilities, skills, interests, and aptitudes;(ii) socio-economic, including behavioral, adaptive, and cultural assessment;(E) Interventions:(i) the application of therapeutic techniques;(ii) behavior management;(iii) consultation; and(F) Scientific and Professional, Legal, and Ethical Issues.(b) Degree Requirements.(1) For purposes of this rule:(A) a graduate degree in psychology means the name of the candidate's major or program of studies contains the term \"psychology;\"(B) a specialist degree shall be treated as a graduate degree; and(C) one semester credit hour equals one and one-half quarter credit hours.(2) A degree utilized to meet the requirements of this rule must consist of at least sixty (60) semester credit hours, with no more than twelve (12) semester credit hours of practicum, internship, or structured experience being counted toward the total degree hour requirement.(3) Applicants must demonstrate proof of the graduate level coursework required in subsection (a)(2) and (4) of this section by identifying which courses or training listed on their transcripts satisfy the required areas of study. Applicants may be required to provide the Council with an official course catalogue or description from their university or training program to verify whether a course meets the requirements of this rule.(c) Supervision Requirements.(1) A licensed psychological associate must practice under the supervision of a licensed psychologist and may not practice independently.(2) Notwithstanding paragraph (1) of this subsection and subject to the limitations set out in paragraph (3) of this subsection, a licensed psychological associate may practice independently if:(A) the licensee can demonstrate at least 3,000 hours of post-graduate degree experience in the delivery of psychological services under the supervision of one or more licensed psychologists;(B) the supervised experience was obtained in not less than 24 consecutive months, but not more than 48 consecutive months, and in not more than three placements; and(C) the licensee submits an application for independent practice evidencing proof of the required supervised experience.(3) A licensed psychological associate meeting the requirements of paragraph (2) of this subsection shall be approved for independent practice, but remains subject to all Council rules, including §465.9 of this title.(4) Applicants shall not utilize any supervised experience obtained from a psychologist with a restricted license or to whom they are related within the second degree of affinity or consanguinity to satisfy the requirements of this rule.(5) Applicants licensed as specialists in school psychology or as a provisionally licensed psychologist may utilize experience acquired under that license if the experience was supervised by a licensed psychologist.(d) The correct title for a person licensed under this rule shall be \"licensed psychological associate\" or \"psychological associate.\"(e) A licensed psychological associate authorized to practice independently under this rule must inform all patients and clients as part of the informed consent process, whether the licensee holds a master's, specialist or doctoral degree, and provide the patient with a current copy of any informational pamphlet or brochure published by the Council describing the differences between the levels of training and education received in master's, specialist, and doctoral degree programs. In lieu of providing each patient or client with a copy of the required pamphlet or brochure, licensees may publish in a conspicuous manner, the pamphlet or brochure on their website or provide a link to the pamphlet or brochure on the Council's website.(f) Continuation of Prior Law.(1) Notwithstanding subsection (b)(2) of this section, a person who began a graduate program before August 31, 2019, leading to a degree in psychology, that otherwise meets the requirements of subsection (a)(1) of this section, shall be considered to have met the requirements of subsection (b)(2) of this section if the individual has completed 42 semester credit hours.(2) Applicants with degrees consisting of less than 42 semester credit hours may utilize a maximum of 12 semester credit hours from another graduate degree program in psychology to achieve the total of 42 semester credit hours to meet the requirement of subsection (f)(1) of this section.(g) Remedy for Incomplete Licensure Requirements.(1) An applicant who has completed a graduate degree in psychology, from a regionally accredited institution of higher education, that consists of at least sixty (60) semester credit hours, is currently licensed as an LSSP, or meets the requirements of subsection (f) of this section, and who does not meet all of the qualifications for licensure set out in subsection (a)(2) and (4) of this section may petition for permission to remediate an area of deficiency. An applicant may not, petition for the waiver or modification of the requisite degree or passage of the requisite examinations.(2) The Council may allow an applicant to remediate a deficiency identified in paragraph (1) of this subsection if the applicant can demonstrate:(A) the prerequisite is not mandated by federal law, the state constitution or statute, or 22 TAC Part 41; and(B) the remediation would not adversely affect the public welfare.(3) The Council may approve or deny a petition under this subsection, and in the case of approval, may condition the approval on reasonable terms and conditions designed to ensure the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice as a licensed psychological associate.", "sourceNote": "Source Note: The provisions of this §463.8 adopted to be effective October 7, 2020, 45 TexReg 7000; amended to be effective September 21, 2023, 48 TexReg 5137." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224449&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224449", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§463.9", "label": "Licensed Specialist in School Psychology" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224450", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) License Requirements. An applicant for licensure as a specialist in school psychology must:(1) hold an appropriate graduate degree;(2) provide proof of specific graduate level coursework;(3) provide proof of an acceptable internship;(4) provide proof of passage of all examinations required by the Council; and(5) meet the requirements imposed under §501.2525(a)(3) - (9) of the Occupations Code.(b) Applicants who hold active certification as a Nationally Certified School Psychologist (NCSP) are considered to have met all requirements for licensure under this rule except for passage of the Jurisprudence Examination. Applicants relying upon this subsection must provide the Council with their NCSP certification number.(c) Applicants who graduated from a training program accredited or approved by the National Association of School Psychologists or accredited in School Psychology by the American Psychological Association are considered to have met all training and internship requirements for licensure under this rule. Applicants relying upon this subsection must submit an official transcript indicating the degree and date the degree was awarded or conferred.(d) Appropriate Graduate Degrees.(1) Applicants who do not hold active NCSP certification, or who did not graduate from a training program accredited or approved by the National Association of School Psychologists or accredited in School Psychology by the American Psychological Association, must have completed a graduate degree in psychology from a regionally accredited institution of higher education. For purposes of this rule, a graduate degree in psychology means the name of the candidate's major or program of study is titled psychology.(2) Applicants applying under this subsection must have completed, either as part of their graduate degree program or after conferral of their graduate degree, at least 60 graduate level semester credit hours from a regionally accredited institution of higher education. A maximum of 12 internship hours may be counted toward this requirement.(3) An applicant who holds a graduate degree that does not qualify under subsection (d)(1) but meets the requirements of subsection (d)(2) is considered to have an appropriate graduate degree if:(A) the applicant holds a certificate of completion from a graduate-level training program designed to train individuals from related disciplines in the practice of school psychology;(B) the applicant holds a graduate degree in a discipline related to psychology from a regionally accredited institution of higher education;(C) the applicant is licensed, certified, or registered in good standing to practice school psychology in another jurisdiction; or(D) the applicant was licensed, certified, or registered to practice school psychology in another jurisdiction within the previous ten years before application for licensure and was not subject to any administrative or disciplinary actions during that same time period.(e) Applicants applying under subsection (d) of this section must submit evidence of graduate level coursework as follows:(1) Psychological Foundations, including:(A) biological bases of behavior;(B) human learning;(C) social bases of behavior;(D) multi-cultural bases of behavior;(E) child or adolescent development;(F) psychopathology or exceptionalities;(2) Research and Statistics;(3) Educational Foundations, including any of the following: (A) instructional design;(B) organization and operation of schools;(C) classroom management; or(D) educational administration;(4) School-based Assessment, including:(A) psychoeducational assessment;(B) socio-emotional, including behavioral and cultural, assessment;(5) School-based Interventions, including:(A) counseling;(B) behavior management;(C) consultation;(6) Professional, Legal and Ethical Issues; and(7) A School-based Practicum.(f) Applicants applying under subsection (d) of this section must have completed an internship with a minimum of 1200 hours and that meets the following criteria:(1) At least 600 of the internship hours must have been completed in a public school.(2) The internship must be provided through a formal course of supervised study from a regionally accredited institution of higher education in which the applicant was enrolled; or the internship must have been obtained in accordance with Council §463.11(d)(1) and (d)(2)(C) of this title.(3) Any portion of an internship completed within a public school must be supervised by a Licensed Specialist in School Psychology, and any portion of an internship not completed within a public school must be supervised by a Licensed Psychologist.(4) No experience which is obtained from a supervisor who is related within the second degree of affinity or consanguinity to the supervisee may be utilized.(5) Unless authorized by the Council, supervised experience received from a supervisor practicing with a restricted license may not be utilized to satisfy the requirements of this rule.(6) Internship hours must be obtained in not more than two placements. A school district, consortium, and educational co-op are each considered one placement.(7) Internship hours must be obtained in not less than one or more than two academic years.(8) An individual completing an internship under this rule must be designated as an intern.(9) Interns must receive no less than two hours of supervision per week, with no more than half being group supervision. The amount of weekly supervision may be reduced, on a proportional basis, for interns working less than full-time.(10) The internship must include direct intern application of assessment, intervention, behavior management, and consultation, for children representing a range of ages, populations and needs.(g) Provision of psychological services in the public schools by unlicensed individuals.(1) An unlicensed individual may provide psychological services under supervision in the public schools if the individual is enrolled in an internship, practicum or other site based training in a psychology program in a regionally accredited institution of higher education. An unlicensed individual no longer enrolled in a psychology program may nevertheless continue providing psychological services through completion of an internship, practicum, or other site based training begun while enrolled in the psychology program.(2) An unlicensed individual may not provide psychological services in a private school setting unless the activities or services provided are exempt under §501.004 of the Psychologists' Licensing Act.", "sourceNote": "Source Note: The provisions of this §463.9 adopted\r\nto be effective October 7, 2020, 45 TexReg 7000; amended to be effective\r\nSeptember 19, 2021, 46 TexReg 6259; amended to be effective March\r\n7, 2023, 48 TexReg 1297; amended to be effective March 27, 2024, 49\r\nTexReg 1931; amended to be effective March 17, 2025, 50 TexReg 1903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224450&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224450", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§463.10", "label": "Licensed Psychologists" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212966", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensure Requirements. An applicant for licensure as a psychologist must:(1) hold a doctoral degree in psychology from a college or university accredited by a regional accrediting organization;(2) pass all examinations required by the agency;(3) submit documentation of supervised experience from a licensed psychologist which satisfies the requirements of Council §463.11 of this title; and(4) meet all other requirements of §501.2525 of the Occupations Code.(b) Degree Requirements.(1) For those applicants with a doctoral degree conferred on or after January 1, 1979, the transcript must state that the applicant has a doctoral degree that designates a major in psychology.(2) For those applicants with a doctoral degree conferred prior to January 1, 1979, the transcript must reflect a doctoral degree that designates a major in psychology or the substantial equivalent of a doctoral degree in psychology in both subject matter and extent of training. A doctoral degree will be considered the substantial equivalent to a doctoral degree in psychology if the training program meets the criteria of Council rule §463.15 of this title.(c) An applicant who holds an active Certificate of Professional Qualification in Psychology (CPQ) is considered to have met all requirements for licensure under this rule except for passage of the Jurisprudence Examination. Applicants relying upon this subsection must request that documentation of their certification be sent directly to the Council from the Association of State and Provincial Psychology Boards (ASPPB), be submitted to the Council in the sealed envelope in which it was received by the applicant from ASPPB, or be submitted to the Council as directed by agency staff.(d) An applicant who holds an active specialist certification with the American Board of Professional Psychology (ABPP) is considered to have met all requirements for licensure under this rule except for passage of the EPPP and Jurisprudence Examination. Applicants relying upon this subsection must request that documentation of their specialist certification be sent directly to the Council from ABPP, be submitted to the Council in the sealed envelope in which it was received by the applicant from ABPP, or be submitted to the Council as directed by agency staff.(e) The requirement for documentation of supervised experience under this rule is waived for an applicant who is actively licensed as a doctoral-level psychologist in good standing and has been practicing psychology in another jurisdiction for at least five years. Applicants relying upon this subsection must request that verification of their out-of-state licensure be sent directly to the Council from the other jurisdiction, be submitted to the Council in the sealed envelope in which it was received by the applicant from the other jurisdiction, or be submitted to the Council as directed by agency staff.(f) Provisional License.(1) An applicant who has not yet passed the required examinations or is seeking to acquire the supervised experience required under Council §463.11 of this title may practice under the supervision of a licensed psychologist as a provisionally licensed psychologist for not more than two years if the applicant meets all other licensing requirements.(2) A provisional license will be issued to an applicant upon proof of provisional license eligibility. However, a provisional license will not be issued to an applicant who was issued a provisional license in connection with a prior application.(3) A provisionally licensed psychologist is subject to all applicable laws governing the practice of psychology.(4) A provisionally licensed psychologist may be made the subject of an eligibility or disciplinary proceeding. The two-year period for provisional licensure shall not be tolled by any suspension of the provisional license.(5) A provisional license will expire after two years if the person does not qualify for licensure as a psychologist", "sourceNote": "Source Note: The provisions of this §463.10 adopted\r\nto be effective October 7, 2020, 45 TexReg 7000; amended to be effective\r\nJune 1, 2021, 46 TexReg 3394; amended to be effective March 7, 2023,\r\n48 TexReg 1299; amended to be effective March 17, 2025, 50 TexReg\r\n1903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212966", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§463.11", "label": "Supervised Experience Required for Licensure as a Psychologist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Required Supervised Experience. In order to qualify for licensure, an applicant must submit proof of a minimum of 3,500 hours of supervised experience, at least 1,750 of which must have been obtained through a formal internship that occurred within the applicant's doctoral degree program and at least 1,750 of which must have been received as a provisionally licensed psychologist (or under provisional trainee status under prior versions of this rule).(1) A formal internship completed after the doctoral degree was conferred, but otherwise meeting the requirements of this rule, will be accepted for an applicant whose doctoral degree was conferred prior to September 1, 2017.(2) The formal internship must be documented by the Director of Internship Training. Alternatively, if the Director of Internship Training is unavailable, the formal internship may be documented by a licensed psychologist with knowledge of the internship program and the applicant's participation in the internship program.(3) Following conferral of a doctoral degree, 1,750 hours obtained or completed while employed in the delivery of psychological services in an exempt setting, while licensed or authorized to practice in another jurisdiction, or while practicing as a psychological associate or specialist in school psychology in this state may be substituted for the minimum of 1,750 hours of supervised experience required as a provisionally licensed psychologist if the experience was obtained or completed under the supervision of a licensed psychologist. Post-doctoral supervised experience obtained without a provisional license or trainee status prior to September 1, 2016, may also be used to satisfy, either in whole or in part, the post- doctoral supervised experience required by this rule if the experience was obtained under the supervision of a licensed psychologist.(b) Satisfaction of Post-doctoral Supervised Experience with Doctoral Program Hours.(1) Applicants who received their doctoral degree from a degree program accredited by the American Psychological Association (APA), the Canadian Psychological Association (CPA), Psychological Clinical Science Accreditation System (PCSAS), or a substantially equivalent degree program, may count the following hours of supervised experience completed as part of their degree program toward the required post-doctoral supervised experience:(A) hours in excess of 1,750 completed as part of the applicant's formal internship; and(B) practicum hours certified by the doctoral program training director (or the director's designee) as meeting the following criteria:(i) the practicum training is overseen by the graduate training program and is an organized, sequential series of supervised experiences of increasing complexity, serving to prepare the student for internship and ultimately licensure;(ii) the practicum training is governed by a written training plan between the student, the practicum training site, and the graduate training program. The training plan must describe how the trainee's time is allotted and assure the quality, breadth, and depth of the training experience through specification of the goals and objectives of the practicum, the methods of evaluation of the trainee's performance, and reference to jurisdictional regulations governing the supervisory experience. The plan must also include the nature of supervision, the identities of the supervisors, and the form and frequency of feedback from the agency supervisor to the training faculty. A copy of the plan must be provided to the Council upon request;(iii) the supervising psychologist must be a member of the staff at the site where the practicum experience takes place;(iv) at least 50% of the practicum hours must be in service-related activities, defined as treatment or intervention, assessment, interviews, report-writing, case presentations, and consultations;(v) individual face-to-face supervision shall consist of no less than 25% of the time spent in service-related activities;(vi) at least 25% of the practicum hours must be devoted to face-to-face patient or client contact;(vii) no more than 25% of the time spent in supervision may be provided by a licensed allied mental health professional or a psychology intern or post-doctoral fellow; and(viii) the practicum must consist of a minimum of 15 hours of experience per week.(2) Applicants applying for licensure under the substantial equivalence clause must submit an affidavit or unsworn declaration from the program's training director or other designated leader familiar with the degree program, demonstrating the substantial equivalence of the applicant's degree program to an APA, PCSAS, or CPA accredited program at the time of the conferral of applicant's degree.(3) An applicant and the affiant or declarant shall appear before the agency in person to answer any questions, produce supporting documentation, or address any concerns raised by the application if requested by a council or board member or the Executive Director. Failure to comply with this paragraph shall constitute grounds for denial of substantial equivalency under this rule.(c) General Requirements for Supervised Experience. All supervised experience for licensure as a psychologist, including the formal internship, must meet the following requirements:(1) Each period of supervised experience must be obtained in not more than two placements, and in not more than 24 consecutive months.(2) A formal internship with rotations, or one that is part of a consortium within a doctoral program, is considered to be one placement. A consortium is composed of multiple placements that have entered into a written agreement setting forth the responsibilities and financial commitments of each participating member, for the purpose of offering a well-rounded, unified psychology training program whereby trainees work at multiple sites, but obtain training from one primary site with some experience at or exposure to aspects of the other sites that the primary site does not offer.(3) The supervised experience required by this rule must be obtained after official enrollment in a doctoral program.(4) All supervised experience must be received from a psychologist licensed at the time supervision is received.(5) The supervising psychologist must be trained in the area of supervision provided to the supervisee.(6) Experience obtained from a psychologist who is related within the second degree of affinity or consanguinity to the supervisee may not be utilized to satisfy the requirements of this rule.(7) All supervised experience obtained for the purpose of licensure must be conducted in accordance with all applicable Council rules.(8) Unless authorized by the Council, supervised experience received from a psychologist practicing with a restricted license may not be utilized to satisfy the requirements of this rule.(9) The supervisee shall be designated by a title that clearly indicates a supervisory licensing status such as \"intern,\" \"resident,\" \"trainee,\" or \"fellow.\" An individual who is a Provisionally Licensed Psychologist or a Licensed Psychological Associate may use that title so long as those receiving psychological services are clearly informed that the individual is under the supervision of a licensed psychologist. An individual who is a Licensed Specialist in School Psychology may use that title so long as the supervised experience takes place within a school, and those receiving psychological services are clearly informed that the individual is under the supervision of an individual who is licensed as a psychologist and specialist in school psychology. Use of a different job title is permitted only if authorized under §501.004 of the Psychologists' Licensing Act, or another Council rule.(d) Formal Internship Requirements. The formal internship hours must be satisfied by one of the following types of formal internships:(1) The successful completion of an internship program accredited by the American Psychological Association (APA) or Canadian Psychological Association (CPA), or which is a member of the Association of Psychology Postdoctoral and Internship Centers (APPIC); or(2) The successful completion of an organized internship meeting all of the following criteria:(A) It must constitute an organized training program which is designed to provide the intern with a planned, programmed sequence of training experiences. The primary focus and purpose of the program must be to assure breadth and quality of training.(B) The internship agency must have a clearly designated staff psychologist who is responsible for the integrity and quality of the training program and who is actively licensed/certified by the licensing board of the jurisdiction in which the internship takes place and who is present at the training facility for a minimum of 20 hours a week.(C) The internship agency must have two or more full-time licensed psychologists on the staff as primary supervisors.(D) Internship supervision must be provided by a staff member of the internship agency or by an affiliate of that agency who carries clinical responsibility for the cases being supervised.(E) The internship must provide training in a range of assessment and intervention activities conducted directly with patients/clients.(F) At least 25% of trainee's time must be in direct patient/client contact.(G) The internship must include a minimum of two hours per week of regularly scheduled formal, face-to-face individual supervision. There must also be at least four additional hours per week in learning activities such as: case conferences involving a case in which the intern was actively involved; seminars dealing with psychology issues; co-therapy with a staff person including discussion; group supervision; additional individual supervision.(H) Training must be post-clerkship, post-practicum and post-externship level.(I) The internship agency must have a minimum of two full-time equivalent interns at the internship level of training during applicant's training period.(J) The internship agency must inform prospective interns about the goals and content of the internship, as well as the expectations for quantity and quality of trainee's work, including expected competencies; or(3) The successful completion of an organized internship program in a school district meeting the following criteria:(A) The internship experience must be provided at or near the end of the formal training period.(B) The internship experience must require a minimum of 35 hours per week over a period of one academic year, or a minimum of 20 hours per week over a period of two consecutive academic years.(C) The internship experience must be consistent with a written plan and must meet the specific training objectives of the program.(D) The internship experience must occur in a setting appropriate to the specific training objectives of the program.(E) At least 600 clock hours of the internship experience must occur in a school setting and must provide a balanced exposure to regular and special educational programs.(F) The internship experience must occur under conditions of appropriate supervision. Field- based internship supervisors, for the purpose of the internship that takes place in a school setting, must be licensed as a psychologist and, if a separate credential is required to practice school psychology, must have a valid credential to provide psychology in the public schools. The portion of the internship which appropriately may take place in a non-school setting must be supervised by a psychologist.(G) Field-based internship supervisors must be responsible for no more than two interns at any given time. University internship supervisors shall be responsible for no more than twelve interns at any given time.(H) Field-based internship supervisors must provide at least two hours per week of direct supervision for each intern. University internship supervisors must maintain an ongoing relationship with field-based internship supervisors and shall provide at least one field- based contact per semester with each intern.(I) The internship site shall inform interns concerning the period of the internship and the training objectives of the program.(J) The internship experience must be systematically evaluated in a manner consistent with the specific training objectives of the program.(K) The internship experience must be conducted in a manner consistent with the current legal- ethical standards of the profession.(L) The internship agency must have a minimum of two full-time equivalent interns at the internship level during the applicant's training period.(M) The internship agency must have the availability of at least two full-time equivalent psychologists as primary supervisors, at least one of whom is employed full time at the agency and is a school psychologist.(e) Industrial/Organizational Requirements. Individuals from an Industrial/Organizational doctoral degree program are exempt from the formal internship requirement but must complete a minimum of 3,500 hours of supervised experience, at least 1,750 of which must have taken place after conferral of the doctoral degree and in accordance with subsection (a) of this section. Individuals who do not undergo a formal internship pursuant to this paragraph should note that Council rules prohibit a psychologist from practicing in an area in which they do not have sufficient training and experience, of which a formal internship is considered to be an integral requirement.(f) Licensure Following Respecialization.(1) In order to qualify for licensure after undergoing respecialization an applicant must demonstrate the following:(A) conferral of a doctoral degree in psychology from a regionally accredited institution of higher education prior to undergoing respecialization;(B) completion of a formal post-doctoral respecialization program in psychology which included at least 1,750 hours in a formal internship; and(C) upon completion of the respecialization program, at least 1,750 hours of supervised experience obtained as a provisionally licensed psychologist (or under provisional trainee status under prior versions of this rule).(2) An applicant meeting the requirements of this subsection is considered to have met the requirements for supervised experience under this rule.(g) Remedy for Incomplete Supervised Experience.(1) An applicant who has completed at least 1,500 hours of supervised experience in a formal internship, 1,500 hours of supervised experience following conferral of a doctoral degree, and who does not meet all of the supervised experience qualifications for licensure set out in subsections (a), (c), and (d) of this section or §465.2 of this title, may petition for permission to remediate an area of deficiency. An applicant may not however, petition for the waiver or modification of the requisite doctoral degree or passage of the requisite examinations.(2) The Council may allow an applicant to remediate a deficiency identified in paragraph (1) of this subsection if the applicant can demonstrate:(A) the prerequisite is not mandated by federal law, the state constitution or statute, or 22 TAC Part 41; and(B) the remediation would not adversely affect the public welfare.(3) The Council may approve or deny a petition under this subsection, and in the case of approval, may condition the approval on reasonable terms and conditions designed to ensure the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice as a licensed psychologist.", "sourceNote": "Source Note: The provisions of this §463.11 adopted to be effective October 7, 2020, 45 TexReg 7000; amended to be effective March 2, 2022, 47 TexReg 942; amended to be effective March 7, 2023, 48 TexReg 1300." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212967", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§463.12", "label": "Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A temporary license may be issued to an applicant seeking to practice in this state for a limited time and purpose. To be eligible for temporary licensure, an applicant must:(1) submit a completed application for temporary licensure, setting forth a brief description of the type of psychological services to be provided;(2) pay the application fee;(3) submit proof that the applicant is actively licensed, certified, or registered as a psychologist or psychological associate by another jurisdiction having requirements substantially equal to those prescribed by the Psychologists' Licensing Act;(4) submit documentation indicating that the applicant is in good standing with that jurisdiction;(5) be supervised (sponsorship) by a psychologist licensed in this state; and(6) provide documentation that the applicant has passed the Examination for Professional Practice of Psychology at the Texas cut-off for the type of temporary license sought.(b) Substantial equivalency of another jurisdiction's requirements may be documented by the applicant providing a copy of the other jurisdiction's regulations with the pertinent sections highlighted to indicate training and exam requirements for a particular type of license. The material is then reviewed for substantial equivalency by the Council. An applicant need not demonstrate substantial equivalency if the applicant is licensed in a jurisdiction with which the Council has reciprocity.(c) Applicants for temporary licensure who hold a current Certificate of Professional Qualification in Psychology, status as a National Health Service Provider, or designation as a specialist from the American Board of Professional Psychology may have documentation from the credentialing entity sent directly to the Council as compliance with and in lieu of subsection (a)(3) and (6) of this section.(d) For a psychologist practicing under a temporary license issued pursuant to this rule, the supervision required by subsection (a)(5) of this section shall consist of sponsorship by a psychologist licensed in this state. The sponsoring psychologist must be available for consultation with the temporary licensee, but otherwise has no supervisory responsibility for the temporary license holder or the services provided under the temporary license.(e) Applicants meeting the requirements for temporary licensure shall be granted a temporary license authorizing the delivery of psychological services for no more than thirty days. Upon utilization of the full thirty days, or the expiration of one year from the date of licensure, whichever occurs first, the temporary license shall expire.(f) Upon utilization of the full thirty days, or the expiration of one year from the date of licensure, whichever occurs first, the temporary licensee must submit written notification to the Council of the dates the licensee delivered psychological services in this state.(g) Temporary licensees are subject to all applicable laws governing the practice of psychology in this state, including the Psychologists' Licensing Act and Council rules.(h) An applicant for permanent licensure in this state is not eligible for temporary licensure. Upon receipt of an application for permanent licensure by a temporary license holder, any temporary license held by an applicant shall expire without further action or notice by the Council.(i) A temporary license holder may not receive another temporary license until the expiration of one year from the date of issuance of their last temporary license, regardless of whether that license is active or expired.", "sourceNote": "Source Note: The provisions of this §463.12 adopted to be effective October 7, 2020, 45 TexReg 7000; amended to be effective March 7, 2023, 48 TexReg 1301." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201260", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§463.13", "label": "Licensure by Reciprocity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201261", "queryAsDate": "03/11/2026" }, "ruleBody": "An individual applying for licensure by reciprocity with this agency must meet each of the following criteria to be eligible for licensure by reciprocity:(1) Submit an application in the form prescribed by the Council and corresponding fee;(2) Submit verification that the applicant is actively licensed, certified, or registered in good standing in a jurisdiction with which Texas shares reciprocity;(3) Pass the jurisprudence examination; and(4) Submit any other documentation or information requested in the application or which the Council may deem necessary in order to ensure the public's safety when processing the application.", "sourceNote": "Source Note: The provisions of this §463.13 adopted to be effective October 7, 2020, 45 TexReg 7000." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201261", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§463.14", "label": "Remedy for Incomplete License Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212968", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who does not meet all of the prerequisites for a particular license under Chapter 501, may petition the Council for a waiver or modification of the prerequisite(s). An applicant may not petition for the waiver or modification of the degree required for the particular license sought or passage of the requisite examinations.(b) The Council may waive or modify a prerequisite for obtaining a license under Chapter 501, subject to subsection (a) of this section, if:(1) the prerequisite is not mandated by federal law, the state constitution or statute, or 22 TAC Part 41; and(2) the failure or inability to meet the prerequisite was due to a disaster declared under Chapter 418 of the Government Code or under similar authority in another jurisdiction.(c) The Council may approve or deny a petition under this rule, and in the case of approval, may condition the approval on reasonable terms and conditions designed to ensure the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice under the license sought.", "sourceNote": "Source Note: The provisions of this §463.14 adopted to be effective October 7, 2020, 45 TexReg 7000." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212968", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "B", "label": "LICENSING REQUIREMENTS" }, "rule": { "number": "§463.15", "label": "Criteria for Degrees Conferred Prior to 1979" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201262", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For applicants for licensure as a psychologist with a doctoral degree conferred prior to January 1, 1979, the transcript must reflect a doctoral degree that designates a major in psychology or the substantial equivalent of a doctoral degree in psychology in both subject matter and extent of training. A doctoral degree will be considered the substantial equivalent to a doctoral degree in psychology if the training program meets the following criteria:(1) Post-baccalaureate program in a regionally accredited institution of higher learning. The program must have a minimum of 90 semester hours, not more than 12 of which are credit for doctoral dissertation and not more than six of which are credit for master's thesis.(2) The program, wherever it may be administratively housed, must be clearly identified and labeled. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists.(3) The program must stand as a recognizable, coherent organizational entity within the institution. A program may be within a larger administrative unit, e.g., department, area, or school.(4) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines. The program must have identifiable faculty and administrative heads who are psychologists responsible for the graduate program. Psychology faculty are individuals who are licensed or certified psychologists, or specialists of the American Board of Professional Psychology (ABPP), or hold a doctoral degree in psychology from a regionally accredited institution.(5) The program must be an integrated, organized sequence of studies, e.g., there must be identifiable curriculum tracks wherein course sequences are outlined for students.(6) The program must have an identifiable body of students who matriculated in the program.(7) The program must include supervised practicum, internship, field or laboratory training appropriate to the practice of psychology. The supervised field work or internship must have been a minimum of 1,500 supervised hours, obtained in not less than a 12 month period nor more than a 24 month period. Further, this requirement cannot have been obtained in more than two placements or agencies.(8) The curriculum shall encompass a minimum of two academic years of full-time graduate studies for those persons have enrolled in the doctoral degree program after completing the requirements for a master's degree. The curriculum shall encompass a minimum of four academic years of full-time graduate studies for those persons who have entered a doctoral program following the completion of a baccalaureate degree and prior to the awarding of a master's degree. It is recognized that educational institutions vary in their definitions of full-time graduate studies. It is also recognized that institutions vary in their definitions of residency requirements for the doctoral degree.(9) The following curricular requirements must be met and demonstrated through appropriate course work:(A) Scientific and professional ethics related to the field of psychology.(B) Research design and methodology, statistics.(C) The applicant must demonstrate competence in each of the following substantive areas. The competence standard will be met by satisfactory completion at the B level of a minimum of six graduate semester hours in each of the four content areas. It is recognized that some doctoral programs have developed special competency examinations in lieu of requiring students to complete course work in all core areas. Graduates of such programs who have not completed the necessary semester hours in these core areas must submit to the Council evidence of competency in each of the four core areas.(i) Biological basis of behavior: physiological psychology, comparative psychology, neuropsychology, sensation and perception, psycho-pharmacology.(ii) Cognitive-affective basis of behavior: learning, thinking, motivation, emotion.(iii) Social basis of behavior: social psychology, group processes, organizational and system theory.(iv) Individual differences: personality theory, human development, abnormal psychology.(10) All educational programs which train persons who wish to be identified as psychologists will include course requirements in specialty areas. The applicant must demonstrate a minimum of 24 hours in his/her designated specialty area.(b) Any person intending to apply for licensure under the substantial equivalence clause must file with the Council an affidavit showing:(1) Courses meeting each of the requirements noted in subsection (a) of this rule verified by official transcripts; and(2) Appropriate, published information from the university awarding the degree, demonstrating that the requirements noted in subsection (a) of this rule have been met.", "sourceNote": "Source Note: The provisions of this §463.15 adopted to be effective March 7, 2023, 48 TexReg 1301." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201262&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201262", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "C", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§463.20", "label": "Special Provisions Applying to Military Service Members, Veterans, and Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201264", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Substantial Equivalency Determination. In accordance with §55.004 of the Occupations Code, the licensing requirements for a license to practice psychology in another jurisdiction will be considered substantially equivalent to Texas' requirements if the other jurisdiction's requirements meet or exceed the following criteria:(1) Licensed Specialist in School Psychology.(A) The completion of a training program in school psychology that has been approved or accredited by the American Psychological Association or the National Association of School Psychologists, or completion of a master's degree in psychology with specific course work similar to the coursework required in the Council's rules; and(B) Passage of the School Psychology Examination.(2) Licensed Psychological Associate.(A) A graduate degree that is primarily psychological in nature and consisting of at least 42 semester credit hours in total with at least 27 semester credit hours in psychology courses;(B) Passage of the EPPP at the Texas cut-off score; and(C) A minimum of 6 semester credit hours of practicum, internship, or experience in psychology, under the supervision of a licensed psychologist.(3) Licensed Psychologist.(A) A doctoral degree in psychology;(B) Passage of the EPPP at the Texas cut-off score; and(C) A minimum of two years or 3,000 hours of supervised experience under a licensed psychologist.(b) In accordance with §55.007 of the Occupations Code, an applicant who is a military service member or military veteran, as defined by Chapter 55, Occupations Code, shall receive credit toward the following licensing requirements for verified military service, training, or education:(1) Licensed Specialist in School Psychology. A military service member or military veteran who has delivered psychological services within the military for at least one year is considered to have met the following requirements for this type of license: a practicum and 600 internship hours.(2) Licensed Psychological Associate. A military service member or military veteran who has delivered psychological services within the military for at least one year is considered to have met the following requirements for this type of license: 6 semester credit hours of supervised experience.(3) Licensed Psychologist. A military service member or military veteran who has delivered psychological services within the military for at least one year, following conferral of a doctoral degree, is considered to have met the following requirements for this type of license: one year or 1,750 hours of supervised experience.(c) A military service member or military veteran may not receive credit toward licensing requirements due to military service, training, or education if they hold a license issued by another jurisdiction that has been restricted, or they have a disqualifying criminal history.", "sourceNote": "Source Note: The provisions of this §463.20 adopted to be effective October 7, 2020, 45 TexReg 7006." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201264", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "E", "label": "EXAMINATIONS" }, "rule": { "number": "§463.30", "label": "Examinations Required for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224451", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Jurisprudence Examination. All applicants for licensure are required to pass the Jurisprudence Examination prior to the Council granting a license.(b) School Psychology Examination. Applicants for licensure as a specialist in school psychology shall take the School Psychology Examination administered by the Educational Testing Service before applying for licensure as a specialist in school psychology.(c) Examination for Professional Practice in Psychology (EPPP). All applicants for licensure as a psychological associate or psychologist are required to pass the EPPP prior to the Council granting a license. An applicant who has taken the EPPP either in the past or in another jurisdiction will not be required to retake the exam provided the applicant's score satisfies the Council's current minimum acceptable score for licensure.", "sourceNote": "Source Note: The provisions of this §463.30 adopted to be effective October 7, 2020, 45 TexReg 7008." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224451", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "E", "label": "EXAMINATIONS" }, "rule": { "number": "§463.31", "label": "Minimum Passing Scores for Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225378", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Cut-off Scores for the Examination for Professional Practice in Psychology. The minimum acceptable score for the Examination for Professional Practice in Psychology is 500 for computer based examinations and seventy percent (70%) for paper based versions of the test.(b) Cut-off Scores for the School Psychology Examination. The minimum acceptable score for the School Psychology Examination is the same as the current cut-off score for the Nationally Certified School Psychologist credential.(c) Cut-off Scores for the Jurisprudence Examination. The minimum acceptable score for the Jurisprudence Examination for all applicants is eighty-five (85%).", "sourceNote": "Source Note: The provisions of this §463.31 adopted to be\r\neffective October 7, 2020, 45 TexReg 7008; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1904." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225378&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225378", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "F", "label": "PROFESSIONAL DEVELOPMENT" }, "rule": { "number": "§463.35", "label": "Professional Development" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205140", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Minimum Professional Development Hours Required:(1) A licensee must complete 40 hours of professional development during each renewal period that they hold a license. The 40 hours of professional development must include 6 hours in ethics and 6 hours designed to ensure competency when providing services to a distinct population, defined as a group of people who share a common attribute, trait, or defining characteristic of the licensee's choice. (2) A licensee may carry forward to the next renewal period, a maximum of 10 hours accrued during the current renewal period if those hours are not needed for renewal.(b) Acceptable ethics hours include, but are not limited to professional development on:(1) state or federal laws, including agency rules, relevant to the practice of psychology;(2) practice guidelines established by local, regional, state, national, or international professional organizations;(3) training or education designed to demonstrate or affirm the ideals and responsibilities of the profession; and(4) training or education intended to assist licensees in determining appropriate decision-making and behavior, improve consistency in or enhance the professional delivery of services, and provide a minimum acceptable level of practice.(c) Acceptable Professional Development Activities:(1) All professional development hours must have been received during the renewal period unless allowed under subsection (a)(2) of this section, and be directly related to the practice of psychology;(2) The Council shall make the determination as to whether the activity claimed by the licensee is directly related to the practice of psychology;(3) Except for hours claimed under subsection (g), all professional development hours obtained must be designated by the provider in a letter, email, certificate, or transcript that displays the licensee's name, topic covered, date(s) of training, and hours of credit earned; and(4) Multiple instances or occurrences of a professional development activity may not be claimed for the same renewal period.(d) Licensees must obtain at least fifty percent of their professional development hours from one or more of the following providers:(1) an international, national, regional, state, or local association of medical, mental, or behavioral health professionals; (2) public school districts, charter schools, or education service centers;(3) city, county, state, or federal governmental entities; (4) an institution of higher education accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation, the Texas Higher Education Coordinating Board, or the United States Department of Education;(5) religious or charitable organizations devoted to improving the mental or behavioral health of individuals;(6) a hospital or hospital system, including any clinic, division, or department within a hospital or hospital system; or(7) any provider approved or endorsed by a provider listed herein.(e) Licensees shall receive credit for professional development activities according to the number of hours designated by the provider, or if no such designation, on a one-for-one basis with one credit hour for each hour spent in the professional development activity.(f) Notwithstanding subsection (e) above, licensees may claim professional development credit for each of the following activities:(1) Passage of the jurisprudence examination. Licensees who pass the jurisprudence examination may claim 1 hour of professional development in ethics.(2) Preparing and giving a presentation at a professional development activity. The maximum number of hours that may be claimed for this activity is 5 hours.(3) Authoring a book or peer reviewed article. The maximum number of hours that may be claimed for this activity is 5 hours.(4) Teaching or attending a graduate level course. The maximum number of hours that may be claimed for this activity is 5 hours.(5) Self-study. The maximum number of hours that may be claimed for this activity is 1 hour.(6) Successful completion of a training course on human trafficking prevention described by §116.002 of the Occupations Code. Licensees who complete this training may claim 1 hour of professional development credit.(7) Providing supervision to supervisees delivering psychological services to individuals residing in a rural mental health discipline Health Professional Shortage Area (HPSA) identified by the U.S. Health Resources & Services Administration (HRSA). The maximum number of hours that may be claimed for this activity is 20 and hours claimed may not be counted toward the ethics or distinct population. (g) The Council does not pre-evaluate or pre-approve professional development providers or hours.(h) Licensees shall maintain proof of professional development compliance for a minimum of 3 years after the applicable renewal period.", "sourceNote": "Source Note: The provisions of this §463.35 adopted to be\r\neffective March 7, 2023, 48 TexReg 1303; amended to be effective July\r\n20, 2025, 50 TexReg 4013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205140&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205140", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "463", "label": "APPLICATIONS AND EXAMINATIONS" }, "subchapter": { "number": "G", "label": "CRIMINAL HISTORY AND LICENSE ELIGIBILITY" }, "rule": { "number": "§463.40", "label": "Licensing of Persons with Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205141", "queryAsDate": "03/11/2026" }, "ruleBody": "The following felonies and misdemeanors directly relate to the duties and responsibilities of a licensee:(1) offenses listed in Article 42A.054 of the Code of Criminal Procedure;(2) a sexually violent offense, as defined by Article 62.001 of the Code of Criminal Procedure;(3) any felony offense wherein the judgment reflects an affirmative finding regarding the use or exhibition of a deadly weapon;(4) any criminal violation of Chapter 501 (Psychologists Licensing Act) of the Occupations Code;(5) any criminal violation of Chapter 35 (Insurance Fraud) or Chapter 35A (Medicaid Fraud) of the Penal Code;(6) any criminal violation involving a federal health care program, including 42 USC §1320a-7b (Criminal penalties for acts involving Federal health care programs);(7) any offense involving the failure to report abuse or neglect;(8) any state or federal offense not otherwise listed herein, committed by a licensee while engaged in the practice of psychology;(9) any criminal violation of §22.041 (abandoning or endangering a child) of the Penal Code;(10) any criminal violation of §21.15 (invasive visual recording) of the Penal Code;(11) any criminal violation of §43.26 (possession of child pornography) of the Penal Code;(12) any criminal violation of §22.04 (injury to a child, elderly individual, or disable individual) of the Penal Code;(13) three or more drug or alcohol related convictions within the last 10 years, evidencing possible addiction that will have an effect on the licensee's ability to provide competent services; and(14) any attempt, solicitation, or conspiracy to commit an offense listed herein.", "sourceNote": "Source Note: The provisions of this §463.40 adopted to be effective June 1, 2021, 46 TexReg 3397." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205141&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205141", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226643", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms have the following meanings:(1) \"Adoption evaluation\" has the same meaning as assigned by §107.151 of the Family Code.(2) \"Child custody evaluation\" has the same meaning as assigned by §107.101 of the Family Code.(3) \"Client\" means a party other than a patient seeking or obtaining psychological services, as defined in §501.003 of the Occupations Code, for a third-party with the goal of assisting or caring for that third-party or answering a referral question through the use of forensic psychological services.(4) \"Dual Relationship\" means a situation where a licensee and another individual have both a professional relationship and a non-professional relationship. Dual relationships include, but are not limited to, personal friendships, business or financial interactions, mutual club or social group activities, family or marital ties, or sexual relationships.(5) \"Forensic evaluation\" is an evaluation conducted, not for the purpose of providing mental health treatment, but rather at the request of a court, a federal, state, or local governmental entity, an attorney, or an administrative body including federal and private disability benefits providers to assist in addressing a forensic referral question.(6) \"Forensic psychological services\" are services involving courts, legal claims, or the legal system. The provision of forensic psychological services includes any and all preliminary and exploratory services, testing, assessments, evaluations, interviews, examinations, depositions, oral or written reports, live or recorded testimony, or any psychological service provided by a licensee concerning a current or potential legal case at the request of a party or potential party, an attorney for a party, or a court, or any other individual or entity, regardless of whether the licensee ultimately provides a report or testimony that is utilized in a legal proceeding. However, forensic psychological services do not include evaluations, proceedings, or hearings under the Individuals with Disabilities Education Improvement Act (IDEIA).(7) \"Informed Consent\" means the written documented consent of the patient, client and other recipients of psychological services only after the patient, client or other recipient has been made aware of the purpose and nature of the services to be provided, including but not limited to: the specific goals of the services; the procedures to be utilized to deliver the services; possible side effects of the services, if applicable; alternate choices to the services, if applicable; the possible duration of the services; the confidentiality of and relevant limits thereto; all financial policies, including the cost and methods of payment; and any provisions for cancellation of and payments for missed appointments; and right of access of the patient, client or other recipient to the records of the services.(8) \"Licensee\" means a licensed psychologist, provisionally licensed psychologist, licensed psychological associate, licensed specialist in school psychology, applicants, and any other individual subject to the regulatory authority of the Council.(9) \"Patient\" means a person who receives psychological services, as defined in §501.003 of the Occupations Code, regardless of whether the patient or a third-party pays for the services. The term \"patient\" shall include a client if the client is a person listed in §611.004(a)(4) or (5) of the Health and Safety Code who is acting on a patient's behalf. A person who is the subject of a forensic evaluation is not considered to be a patient under these rules.(10) \"Private school\" has the same meaning as assigned by §5.001 of the Texas Education Code, but does not include a parent or legal guardian who chooses to homeschool a child.(11) \"Professional relationship\" means a fiduciary relationship between a licensee and a patient or client involving communications and records deemed confidential under §611.002 of the Health and Safety Code. A professional relationship also exists where licensees are appointed by a court or other governmental body to answer a referral question through the use of forensic psychological services.(12) \"Provision of psychological services\" means any use by a licensee of education or training in psychology in the context of a professional relationship. Psychological services include, but are not limited to, therapy, diagnosis, testing, assessments, evaluation, treatment, counseling, supervision, consultation, providing forensic opinions, rendering a professional opinion, or performing research, or teaching to an individual, group, or organization.(13) \"Public school\" means any state agency, regional education service center, diploma program, school district, or charter school established or authorized under Title 2 of the Texas Education Code and supported in whole or in part by state tax funds.(14) \"Recognized member of the clergy,\" as used in §501.004(a)(4) of the Occupations Code, means a member in good standing of and accountable to a denomination, church, sect or religious organization recognized under the Internal Revenue Code, §501(c)(3).(15) \"Records\" are any information, regardless of the format in which it is maintained, that can be used to document the delivery, progress or results of any psychological services including, but not limited to, data identifying a recipient of services, dates of services, types of services, informed consents, fees and fee schedules, assessments, treatment plans, consultations, session notes, reports, release forms obtained from a client or patient or any other individual or entity, and records concerning a patient or client obtained by the licensee from other sources.(16) \"Report\" includes any written or oral assessment, recommendation, psychological diagnostic or evaluative statement containing the professional judgment or opinion of a licensee.(17) \"Supervision\" refers to direct, systematic professional oversight of individuals who provide psychological services under the authority of a supervising licensee, whereby the supervisor has the responsibility and ability to monitor and control the psychological services provided to ensure the patient's or client's best interests are met and that the public is protected. In the context of psychological training and education, \"supervision\" also refers to the formal provision of systematic education and training for purposes of licensure or competency that serves to assist individuals with gaining experience and developing the skills necessary for licensure or competent practice in a particular practice area. However, the term \"supervision\" does not apply to the supervision of purely administrative or employment matters.(18) \"Test data\" refers to a patient's specific answers to test materials, whether spoken or written, generated in drawings, or recorded by computers or other lab devices.(19) \"Test materials\" refers to test booklets, forms, manuals, instruments, protocols, software, as well as test questions, and stimuli protected by federal copyright law and used in psychological testing to generate test results and test reports.", "sourceNote": "Source Note: The provisions of this §465.1 adopted to be effective October 7, 2020, 45 TexReg 7013; amended to be effective June 1, 2021, 46 TexReg 3398." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226643", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.2", "label": "Supervision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Supervision in General. The following rules apply to all supervisory relationships.(1) Licensee is responsible for the supervision of all individuals that the licensee employs or utilizes to provide psychological services of any kind.(2) Licensees shall ensure that their supervisees have legal authority to provide psychological services.(3) Licensees may delegate only those responsibilities that supervisees may legally and competently perform.(4) All individuals who receive psychological services requiring informed consent from an individual under supervision must be informed in writing of the supervisory status of the individual and how the patient or client may contact the supervising licensee directly.(5) All materials relating to the practice of psychology, upon which the supervisee's name or signature appears, must indicate the supervisory status of the supervisee. Supervisory status must be indicated by one of the following:(A) Supervised by (name of supervising licensee);(B) Under the supervision of (name of supervising licensee); (C) The following persons are under the supervision of (name of supervising licensee); or(D) Supervisee of (name of supervising licensee).(6) Licensees shall provide an adequate level of supervision to all individuals under their supervision according to accepted professional standards given the experience, skill and training of the supervisee, the availability of other qualified licensees for consultation, and the type of psychological services being provided.(7) Licensees shall utilize methods of supervision that enable the licensee to monitor all delegated services for legal, competent, and ethical performance. No more than fifty percent of the supervision may take place through remote or electronic means. Licensees may exceed fifty percent remote or electronic supervision if supervision is provided through synchronous audiovisual means.(8) Licensees must be competent to perform any psychological services being provided under their supervision.(9) Licensees shall document their supervision activities in writing, including any remote or electronic supervision provided. Documentation shall include the dates, times, and length of supervision.(10) Licensees may only supervise the number of supervisees for which they can provide adequate supervision.(11) A supervisor shall establish a plan for the custody and control of the records of supervision for each supervisee in the event of the supervisor's death or incapacity, or the termination of the supervisor's practice.(12) Licensees receiving supervision who are informed of a pending complaint must notify their supervisors of the complaint.(13) Supervisors who identify deficits in a supervisee's skills or competencies necessary for safe or entry-level independent practice must immediately develop and implement a written remediation plan to address those deficiencies. If the supervisee changes supervisors during the supervision period, the supervisee must provide the new supervisor with a copy of the remediation plan.(b) Supervision of Students, Interns, Residents, Fellows, and Trainees. The following rules apply to all supervisory relationships involving students, interns, residents, fellows, and trainees.(1) Unlicensed individuals providing psychological services pursuant to §§501.004(a)(2), 501.2525(a)(2)(A), or 501.260(b)(3) of the Occupations Code must be under the supervision of a qualified supervising licensee at all times.(2) Supervision must be provided by a qualified supervising licensee before it will be accepted for licensure purposes.(3) A licensee practicing under a restricted status license is not qualified to, and shall not provide supervision for a person seeking to fulfill internship or practicum requirements or a person seeking licensure under the Psychologists' Licensing Act, regardless of the setting in which the supervision takes place, unless authorized to do so by the Council. A licensee shall inform all supervisees of any disciplinary order restricting the licensee's license and assist the supervisees with finding appropriate alternate supervision.(4) A supervisor must document in writing a supervisee's performance during a practicum, internship, or period of supervised experience required for licensure. The supervisor must provide this documentation to the supervisee. (5) A supervisor may allow a supervisee, as part of a required practicum, internship, or period of supervised experience required for licensure under Chapter 501, to supervise others in the delivery of psychological services.(6) Licensees may not supervise an individual to whom they are related within the second degree of affinity or consanguinity.(c) Supervision of Provisionally Licensed Psychologists and Licensed Psychological Associates. The following rules apply to all supervisory relationships involving Provisionally Licensed Psychologists and Licensed Psychological Associates.(1) Provisionally Licensed Psychologists must be under the supervision of a Licensed Psychologist and may not engage in independent practice unless the provisional licensee is licensed in another state to independently practice psychology and is in good standing in that state.(2) A Provisionally Licensed Psychologist may, as part of a period of supervised experience required for licensure as a psychologist, supervise others in the delivery of psychological services.(3) A supervisor must provide at least one hour of individual supervision per week. A supervisor may reduce the amount of weekly supervision on a proportional basis for supervisees working less than full-time.(d) Supervision of Licensed Specialists in School Psychology interns and other individuals authorized by §463.9(g)(1) of this title. The following rules apply to all supervisory relationships involving Licensed Specialists in School Psychology, as well as all interns and other individuals authorized by §463.9(g)(1) of this title, working toward licensure as a specialist in school psychology.(1) Supervision within the public schools may only be provided by a Licensed Specialist in School Psychology who has a minimum of 3 years of experience providing psychological services within the public school system without supervision. To qualify, a licensee must be able to show proof of their license, credential, or authority to provide unsupervised school psychological services in the jurisdiction where those services were provided, along with documentation from the public school(s) evidencing delivery of those services.(2) Supervisors must sign educational documents completed for students by the supervisee, including student evaluation reports, or similar professional reports to consumers, other professionals, or other audiences. It is not a violation of this rule if supervisors do not sign documents completed by a committee reflecting the deliberations of an educational meeting for an individual student which the supervisee attended and participated in as part of the legal proceedings required by federal and state education laws, unless the supervisor also attended and participated in such meeting.(3) Supervisors shall document all supervision sessions. This documentation must include information about the duration of sessions, as well as the focus of discussion or training. The documentation must also include information regarding:(A) any contracts or service agreements between the public school district and university school psychology training program; (B) any contracts or service agreements between the public school district and the supervisee;(C) any training logs required by the school psychology training program; and(D) the supervisee's licensure status or legal authority to provide psychological services.(4) Supervisors must ensure that each individual completing any portion of the internship required for licensure as an LSSP, is provided with a written agreement that includes a clear statement of the expectations, duties, and responsibilities of each party, including the total hours to be performed by the intern, benefits and support to be provided by the supervisor, and the process by which the intern will be supervised and evaluated.(5) Supervisors must ensure that supervisees have access to a process for addressing serious concerns regarding a supervisee's performance. The process must protect the rights of clients to receive quality services, assure adequate feedback and opportunities for improvement to the supervisee, and ensure due process protection in cases of possible termination of the supervisory relationship.(e) The various parts of this rule should be construed, if possible, so that effect is given to each part. However, where a general provision conflicts with a more specific provision, the specific provision shall control.", "sourceNote": "Source Note: The provisions of this §465.2 adopted to be\r\neffective October 7, 2020, 45 TexReg 7013; amended to be effective\r\nJune 1, 2021, 46 TexReg 3399; amended to be effective September 19,\r\n2021, 46 TexReg 6259; amended to be effective November 9, 2025, 50\r\nTexReg 7282." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201270", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.4", "label": "Employment of Individuals Not Licensed by the Council" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Individuals Licensed in Another Profession. Psychologists may employ or utilize individuals who are licensed members of another profession to provide only activities or services permitted by the applicable license or licenses held by that individual. In addition, a person licensed under Chapter 501 may supervise a licensed member of another profession to the extent permissible by the other profession's statute and regulations. Any service provided by the licensed member of another profession may not be described or represented to the patient or client as psychological services, and the individual must be clearly identified to the patient or client as a licensee of the applicable profession who is providing services pursuant to that individual's own license.(b) Unlicensed Individuals. Psychologists may employ unlicensed individuals only to perform services which do not constitute the practice of psychology or the activities and services of another licensed profession. Permissible duties include:(1) Secretarial and clerical duties such as scheduling appointments or processing insurance forms;(2) Data gathering, such as administering, proctoring, or scoring non-projective tests, obtaining histories or obtaining documentation for record keeping purposes, provided that it does not require psychological education or involve the provision of psychological services; and(3) Technical, educational, or other duties that are adjunctive to and incorporated into the provision of psychological services such as providing educational information or assisting a client's work with a computer, special equipment or special materials, provided that the duties do not require psychological education or involve the provision of psychological services or the services or activities of another licensed profession.", "sourceNote": "Source Note: The provisions of this §465.4 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201271", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.6", "label": "Solicitation, Use of Titles, and Business Names" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201272", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Solicitation of Testimonials and/or Patients.(1) Licensees do not solicit testimonials from current clients or patients or from other persons who are vulnerable to undue influence.(2) Licensees do not engage, directly or through agents, in uninvited in-person solicitation of business from actual or potential patients or clients.(b) Use of Titles.(1) An individual may not use the title of \"Licensed Psychologist\" unless the individual is licensed as such by this agency.(2) An individual may not use the title of \"Psychologist\" when engaged in the practice of psychology, unless the individual is licensed as such by this agency.(3) A licensed psychologist may not use a specialty title unless one or more of the following criteria have been met:(A) the individual holds a doctorate in the area of specialization;(B) the individual has undergone retraining under the American Psychological Association retraining guidelines in effect at the time of specialization;(C) the individual has completed a two-year postdoctoral fellowship in the area of specialization;(D) for individuals who matriculated from a doctoral program in psychology prior to 1978, documentation of academic coursework and relevant applied experience, as well as proof that the title has been used for at least five years; or(E) documentation of certification, approval, or specialist status granted by a professional, refereed board, provided that the licensee indicates the name of the board which granted the title and that the individual's status with the specialty board is current and in good standing. Use of the term \"Board Certified\" or \"Board Approved\" or any similar words or phrases calculated to convey the same meaning shall constitute misleading or deceptive advertising, unless the licensee discloses the complete name of the specialty board that conferred the aforementioned specialty title, certification, approval or specialist status.(c) Assumed Names and Legal Entities. Licensees engaged in the practice of psychology under an assumed name or through a legal entity must comply with the name and notification requirements set out in the Assumed Business and Professional Name Act found in Chapter 71 of the Texas Business and Commerce Code and §5.060 of the Texas Business Organizations Code.", "sourceNote": "Source Note: The provisions of this §465.6 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201272", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.8", "label": "Psychological Services Are Provided within a Defined Relationship" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201273", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees provide psychological services only in the context of a defined professional relationship.", "sourceNote": "Source Note: The provisions of this §465.8 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201273", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.9", "label": "Competency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201274", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees provide only services for which they have the education, skills, and training to perform competently.(b) Competency includes the ability to provide services concerning a specific individual that takes into account characteristics of that individual including age, gender, ethnicity, national origin, disability, language, and socio-economic status.(c) Licensees maintain current knowledge of scientific and professional information that ensures competency in every area in which they provide services.(d) Licensees provide services in an unfamiliar area or involving new techniques only after first undertaking appropriate study and training, including supervision, and/or consultation from a professional competent to provide such services.(e) In emerging areas in which generally recognized standards for preparatory training do not exist, licensees take reasonable steps to ensure the competence of their work and to protect patients, clients, research participants, and other affected individuals from the potential for harm.(f) Licensees are responsible for ensuring that all individuals practicing under their supervision are competent to perform those services.(g) Licensees who delegate performance of certain services such as test scoring are responsible for ensuring that the entity to whom the delegation is made is competent to perform those services.(h) Licensees who lack the competency to provide particular psychological services to a specific individual must withdraw and refer the individual to an appropriate service provider.(i) Emergency Situations. In emergencies, when licensees are asked to provide services to individuals for whom appropriate mental health services are not available and for which the licensee has not obtained the necessary competence, licensees may provide such services until the emergency has abated or to the extent necessary to ensure that services are not denied. If ongoing services are provided, licensees must comply with subsection (d) of this section, as soon as practicable or refer the patient to an appropriate service provider.(j) Licensees refrain from initiating or continuing to undertake an activity when they know or should know that there is a substantial likelihood that personal problems or conflicts will prevent them from performing their work-related activities or producing a psychological report in a competent and timely manner. When licensees become aware of such conflicts, they must immediately take appropriate measures, such as obtaining professional consultation or assistance in order to determine whether they should limit, suspend, or terminate the engagement in accordance with §465.21 of this title (relating to Termination of Services).", "sourceNote": "Source Note: The provisions of this §465.9 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201274", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.10", "label": "Basis for Scientific and Professional Judgments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201275", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees rely on scientifically and professionally derived knowledge when making professional judgments.", "sourceNote": "Source Note: The provisions of this §465.10 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201275", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.11", "label": "Informed Consent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201276", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except in an inpatient setting where a general consent has been signed, licensees must obtain and document in writing informed consent concerning all services they intend to provide to the patient, client or other recipient(s) of the psychological services prior to initiating the services, using language that is reasonably understandable to the recipients unless consent is precluded by applicable federal or state law.(b) Licensees provide appropriate information as needed during the course of the services about changes in the nature of the services to the patient client or other recipient(s) of the services using language that is reasonably understandable to the recipient to ensure informed consent.(c) Licensees provide appropriate information as needed, during the course of the services to the patient client and other recipient(s) and afterward if requested, to explain the results and conclusions reached concerning the services using language that is reasonably understandable to the recipient(s).(d) When a licensee agrees to provide services to a person, group or organization at the request of a third party, the licensee clarifies to all of the parties the nature of the relationship between the licensee and each party at the outset of the service and at any time during the services that the circumstances change. This clarification includes the role of the licensee with each party, the probable uses of the services and the results of the services, and all potential limits to the confidentiality between the recipient(s) of the services and the licensee.(e) When a licensee agrees to provide services to several persons who have a relationship, such as spouses, couples, parents and children, or in group therapy, the licensee clarifies at the outset the professional relationship between the licensee and each of the individuals involved, including the probable use of the services and information obtained, confidentiality, expectations of each participant, and the access of each participant to records generated in the course of the services.(f) At any time that a licensee knows or should know that the licensee may be called on to perform potentially conflicting roles (such as marital counselor to husband and wife, and then witness for one party in a divorce proceeding), the licensee explains the potential conflict to all affected parties and adjusts or withdraws from all professional services in accordance with Council rules and applicable state and federal law. Further, licensees who encounter personal problems or conflicts as described in rule §465.9(j) of this title (relating to Competency) that will prevent them from performing their work-related activities in a competent and timely manner must inform their clients of the personal problem or conflict and discuss appropriate termination and referral to insure that the services are completed in a timely manner.(g) When persons are legally incapable of giving informed consent, licensees obtain informed consent from any individual legally designated to provide substitute consent.(h) When informed consent is precluded by law, the licensee describes the nature and purpose of all services, as well as the confidentiality of the services and all applicable limits thereto, that the licensee intends to provide to the patient, client, or other recipient(s) of the psychological services prior to initiating the services using language that is reasonably understandable to the recipient(s).", "sourceNote": "Source Note: The provisions of this §465.11 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201276", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.12", "label": "Privacy and Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207851", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees utilize business practices and provide services in a manner that safeguards the privacy and confidentiality of patients and clients.(b) Licensees must inform their patients or clients about confidentiality and foreseeable limitations on confidentiality created by existing and reasonably foreseeable circumstances prior to the commencement of services as part of the informed consent process.(c) Licensees keep patients and clients informed of all changes in circumstances affecting confidentiality as they arise.(d) Licensees comply with Chapter 611 of the Texas Health and Safety Code and all other state and federal law applicable to patient or client confidentiality.(e) Licensees disclose confidential information without the consent of a patient or client only in compliance with applicable state and federal law.(f) Licensees who release confidential records relating to a patient or client that also contain confidential information relating to a second patient or client that the licensee obtained through the provision of services to that second individual, and who lack consent or other legal authority to disclose the second individual's identity or records, must remove all identifying and confidential information relating to the second individual before releasing the records.(g) Licensees may share information for consultation purposes without a consent only to the extent necessary to achieve the purposes of the consultation. Licenses shall exclude information that could lead to the identification of the patient or client.(h) Licensees shall not require a patient or client to waive a legal right to confidentiality as a condition of providing services.(i) Licensees include in written and oral reports and consultations, only information germane to the purpose for which the communication is made.", "sourceNote": "Source Note: The provisions of this §465.12 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207851", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.13", "label": "Personal Problems, Conflicts and Dual Relationships" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201278", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In General.(1) Licensees shall refrain from providing services when they know or should know that their personal problems or a lack of objectivity are likely to impair their competency or harm a patient, client, colleague, student, supervisee, research participant, or other person with whom they have a professional relationship.(2) Licensees shall seek professional assistance for any personal problems, including alcohol or substance abuse likely to impair their competency.(3) Licensees shall not exploit persons over whom they have supervisory evaluative, or other authority such as students, supervisees, employees, research participants, and clients or patients.(4) A licensee shall conduct the practice of psychology with the best interest of a patient, client, supervisee, student, or research participant in mind.(b) Dual Relationships.(1) A licensee shall refrain from entering into a dual relationship with a client, patient, supervisee, student, group, organization, or any other party if such a relationship is likely to impair the licensee's objectivity, prevent the licensee from providing competent psychological services, or exploit or otherwise cause harm to the other party.(2) A licensee shall refrain from entering into a professional relationship where personal, financial, or other relationships are likely to impair the licensee's objectivity or pose an unreasonable risk of harm to a patient or client.(3) Licensees shall withdraw from any professional or non-professional relationship if they would be precluded from entering the relationship under this rule. If a licensee has reason to believe that a harmful dual relationship exists or may arise, the licensee shall take reasonable steps to ensure the wellbeing and best interest of the affected person is placed ahead of the licensee's interests. Reasonable steps include obtaining professional consultation or assistance, to determine whether the existing or potential dual relationship is likely to impair the licensee's objectivity or cause harm to the other party.(4) Licensees shall not provide psychological services to a person with whom they have had a sexual or dating relationship.(5) Licensees shall not terminate psychological services with a person in order to have a sexual or dating relationship with that person. Licensees do not terminate psychological services with a person in order to have a sexual or dating relationship with individuals who the licensee knows to be the parents, guardians, spouses, significant others, children, or siblings of the client.", "sourceNote": "Source Note: The provisions of this §465.13 adopted to be effective October 7, 2020, 45 TexReg 7013; amended to be effective February 27, 2022, 47 TexReg 770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201278", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.14", "label": "Misuse of Licensee Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201279", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees decline to offer services when limitations or conditions are placed on their work by the patient, client, or third parties which could foreseeably cause the licensee to violate a Council rule.(b) If licensees become aware of misuse or misrepresentation of their services or the results of their services, they take reasonable steps to correct or minimize the misuse or misrepresentation.", "sourceNote": "Source Note: The provisions of this §465.14 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201279", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.15", "label": "Fees and Financial Arrangements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201280", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements.(1) Before the provision of any services, the licensee and the recipient of psychological services reach an agreement specifying the compensation and billing arrangements.(2) If services are not paid for as agreed, the licensee shall not utilize a collection agency or legal measures to collect any unpaid fees unless the licensee has provided the affected party with at least 30 days written notice, separate and apart from any notice provided as part of the informed consent process, that such measures will be taken and the party has been provided with a reasonable opportunity to make prompt payment.(3) Licensees shall not withhold records solely because payment has not been received unless specifically permitted by law.(4) In reporting their services to third-party payers, licensees accurately state the nature, date and fees for the services provided.(b) Ethical and Legal Requirements.(1) Licensees do not engage in fraudulent billing.(2) Licensees do not misrepresent their fees.(3) Licensees do not overcharge or otherwise exploit recipients of services or payers with respect to fees.(4) Licensees do not receive payments from or divide fees with another health care provider in exchange for professional referrals.(5) A licensee does not participate in bartering if it is clinically contra- indicated or if bartering has the potential to create an exploitative or harmful dual relationship.", "sourceNote": "Source Note: The provisions of this §465.15 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201280", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.16", "label": "Evaluation, Assessment, Testing, and Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201281", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope and Purpose.(1) Licensees clearly describe the scope and purpose of evaluation, assessment, and testing to patients before they provide these psychological services.(2) Licensees produce reports that clearly state and accurately reflect the scope and purpose of evaluation, assessment, and testing.(b) Reliability and Validity.(1) Licensees verify, by signature and date, that every evaluation, assessment, test result, report, recommendation, or psychological diagnostic or evaluative statement produced is based on information and techniques sufficient to provide appropriate substantiation for its findings.(2) Licensees administer, score, interpret or use assessment techniques or tests only if they are familiar with the reliability, validation and related standardization or outcome studies of, and proper applications and use of, the techniques they use.(3) Licensees who administer, score, interpret or utilize psychological assessment techniques, tests or instruments do so in a manner and for purposes for which there are professional or scientific bases.(4) Licensees do not base their assessment or intervention decisions or recommendations on data or test results that are outdated for the current purpose.(5) Licensees do not base decisions or recommendations on tests and measures that are obsolete or not useful for the current purpose.(c) Limitations.(1) Licensees include all information that provides the basis for their findings in any report in which they make findings or diagnoses about an individual.(2) Licensees identify limits to the certainty with which diagnoses, judgments, or predictions can be made about individuals.(3) Licensees identify various test factors and characteristics of the person being assessed that might affect their professional judgment or reduce the accuracy of their interpretations when interpreting assessment results, including automated interpretations.(4) Licensees include any significant reservations they have about the accuracy or limitations of their interpretations or findings in any report they produce.(5) Licensees provide opinions of the psychological characteristics of individuals only after they have conducted an examination of the individuals adequate to support their statements or conclusions. When such an examination is not practical, licensees document the efforts they made to obtain such an examination and clarify the probable impact of their limited information to the reliability and validity of their conclusions.(6) Licensees must meet any education, training, or licensure requirements established by a test publisher for the purchase or use of its test materials. It is presumed that a licensee meets any such requirements if a test publisher or other authorized vendor, sells test materials to a licensee. Any false or misleading representation by a licensee regarding the individual's qualifications will negate this presumption.(d) Test Security and Validity. Licensees conduct testing and maintain and release test protocols and data in a secure manner that does not compromise the validity of the test.(e) Production of Reports.(1) Licensees shall provide the patient, client, or subject of the evaluation with an estimate of the time needed to produce a report prior to conducting any evaluation, assessment, or testing.(2) Licensees shall produce a report within a reasonable time period following completion of the evaluation, assessment, or testing needed to substantiate the report.(3) Licensees shall notify a patient, client, or subject of the evaluation if a report cannot be produced within the original estimated time period and provide a new production date together with a reasonable explanation for why the report will be delayed.", "sourceNote": "Source Note: The provisions of this §465.16 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201281", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.17", "label": "Therapy and Counseling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201282", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Imbalances of Power.(1) Licensees who engage in therapy or counseling recognize the actual or perceived power or undue influence they hold over current and former patients and clients.(2) Licensees are presumed to have power and influence over former therapy or counseling patients or clients.(3) Licensees do not engage in sexual relationships with, employ, enter into business with or otherwise exploit any former patient or client over whom they have actual or perceived power or undue influence created through a therapeutic relationship.(b) Treatment plans.(1) Licensees create specific written treatment plans that include, at a minimum, agreed upon goals of the treatment, the techniques to be used, and the tentative duration of the treatment for any therapy or counseling that they provide.(2) Licensees explain the treatment plan to all recipients of the therapy or counseling before commencing the services.(3) Licensees alter and document the alteration in the treatment plan when clinically indicated.(4) Licensees confer with and obtain consent from the patient, client, or other recipient(s) of services concerning significant alterations in the treatment plan.", "sourceNote": "Source Note: The provisions of this §465.17 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201282&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201282", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.18", "label": "Forensic Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201283", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In General.(1) A licensee who provides services concerning a matter which the licensee knows or should know will be utilized in a legal proceeding, such as a divorce, child custody determination, fitness for duty evaluation for high risk personnel, disability claim, or risk assessment evaluations of employees, must comply with all applicable Council rules concerning forensic services regardless of whether the licensee is acting as a factual witness or an expert.(2) Licensees who engage in forensic services must have demonstrated appropriate knowledge of and competence in all underlying areas of psychology about which they provide such services.(3) All forensic opinions, reports, assessments, and recommendations rendered by a licensee must be based on information and techniques sufficient to provide appropriate substantiation for each finding.(4) When appointed or designated in writing by a court to provide psychological services, a licensee shall obtain and keep a copy of the court order.(5) When providing forensic psychological services to a minor who is the subject of a court order or the ward of guardianship, a licensee shall obtain and keep a copy of the relevant portions of any court order, divorce decree, or letters of guardianship authorizing the individual to provide substitute consent on behalf of the minor or ward.(b) Limitation on Services.(1) A licensee who is asked to provide an opinion concerning an area or matter about which the licensee does not have the appropriate knowledge and competency to render a professional opinion shall decline to render that opinion.(2) A licensee who is asked to provide an opinion concerning a specific matter for which the licensee lacks sufficient information to render a professional opinion shall decline to render that opinion unless the required information is provided.(3) A licensee shall not render a written or oral opinion about the psychological characteristics of an individual without conducting an examination of the individual unless the opinion contains a statement that the licensee did not conduct an examination of the individual.(4) A written or oral opinion about the psychological characteristics of an individual rendered by a licensee who did not conduct an examination of that individual must contain clarification of the extent to which this limits the reliability and validity of the opinion and the conclusions and recommendations of the licensee.(5) When seeking or receiving court appointment or designation as an expert for a forensic evaluation a licensee specifically avoids accepting appointment or engagement for both evaluation and therapeutic intervention for the same case. A licensee provides services in one but not both capacities in the same case.(c) Describing the Nature of Services. A licensee must document in writing that subject(s) of forensic evaluations or their parents or legal representative have been informed of the following:(1) The nature of the anticipated services (procedures);(2) The specific purpose and scope of the evaluation;(3) The identity of the party who requested the psychologist's services;(4) The identity of the party who will pay the psychologist's fees and if any portion of the fees is to be paid by the subject, the estimated amount of the fees;(5) The type of information sought and the uses for information gathered;(6) The people or entities to whom psychological records will be distributed;(7) The approximate length of time required to produce any reports or written results;(8) Applicable limits on confidentiality and access to psychological records;(9) Whether the psychologist has been or may be engaged to provide testimony based on the report or written results of forensic psychological services in a legal proceeding; and(10) The licensee's name as it appears in their professional file with the Council prior to initiating services.(d) Certain Testimony Prohibited.(1) A licensee may not offer an expert opinion or recommendation relating to the conservatorship of or possession of or access to a child unless the licensee has conducted a child custody evaluation.(2) In a contested suit, a licensee may provide other relevant information and opinions, other than those prohibited by paragraph (1) of this subsection, relating to any party that the licensee has personally evaluated or treated.(3) This subsection does not apply to a suit in which the Department of Family and Protective Services is a party.(e) Child Custody Evaluations.(1) The role of the child custody evaluator is one of professional expert. A licensee serving as a child custody evaluator shall not function as an advocate, but must remain impartial and objective. Licensees conducting child custody evaluations, including those licensees appointed by a court, are subject to the Council's jurisdiction and must follow all applicable Council rules.(2) The term \"supervision\" as used in this subsection shall have the meaning assigned by §107.101 of the Family Code. However, the term shall not encompass the restrictions and requirements set forth in §465.2 of this title (relating to Supervision) nor shall a licensee providing supervision under this subsection have supervisory responsibility under that same rule.(3) Minimum Qualifications of Child Custody Evaluator.(A) A licensee must be qualified to conduct a child custody evaluation pursuant to §107.104 of the Family Code before the licensee may conduct an evaluation. Licensees qualified to conduct evaluations under §107.104(b)(2) must conduct evaluations under supervision in accordance with that section.(B) Notwithstanding any other grounds for qualification, the Council has determined that a licensed psychologist is qualified to conduct child custody evaluations if the licensee:(i) has obtained a minimum of 8 professional development hours directly related to the performance of child custody evaluations since becoming a licensed psychologist, and is board certified in forensic psychology by the American Board of Professional Psychology (ABPP); or(ii) has obtained a minimum of 40 professional development hours directly related to the performance of child custody evaluations since becoming a licensed psychologist, and has conducted at least three child custody evaluations under the supervision of a qualified licensee.(C) A licensee who does not meet the minimum qualification requirements set forth in §107.104 of the Family Code, may nevertheless conduct a child custody evaluation if:(i) appointed to do so pursuant to §107.106 of the Family Code. A licensee appointed under §107.106 must comply with the provisions of Subchapter D of the Family Code and this rule; or(ii) the individual is licensed as a psychologist, and has completed at least ten social studies or other child custody evaluations ordered by a court in suits affecting the parent-child relationship prior to September 1, 2015.(D) If requested by a court, a licensee selected to conduct or who is conducting a child custody evaluation must demonstrate appropriate knowledge and competence in child custody evaluation services consistent with professional models, standards, and guidelines.(E) In addition to the minimum qualifications set forth by this rule, an individual must complete at least eight hours of family violence dynamics training provided by a family violence service provider to be qualified to conduct child custody evaluations.(4) Disclosure of Conflicts and Bias.(A) Licensees shall comply with all disclosure requirements set forth in §107.107 of the Family Code.(B) Following any disclosure required by §107.107(c), a licensee must resign as child custody evaluator, unless:(i) the court finds that no conflict of interest exists and that any previous knowledge of a party or child who is the subject of the suit is not relevant; or(ii) the parties and any attorney for a child who is the subject of the suit agree in writing to the licensee's continued appointment as the child custody evaluator.(C) Except as authorized by §107.107(f), licensees may not accept appointment as a child custody evaluator if they have worked in a professional capacity with a party, a child who is the subject of the suit, or a member of the party's or child's family. The term \"family\" as used in this subpart has the meaning assigned by §71.003 of the Family Code.(5) Elements of Child Custody Evaluation.(A) Licensees shall comply with §§107.108, 107.109, and 107.1101 of the Family Code when conducting child custody evaluations.(B) Licensees may conduct psychometric testing as part of a child custody evaluation in accordance with §107.110 of the Family Code.(6) Communications and Recordkeeping of Child Custody Evaluator.(A) Licensees shall comply with the requirements of §107.112 of the Family Code regarding:(i) the disclosure of communications between evaluation participants;(ii) the creation and retention of records relevant to the evaluation; and(iii) access to evaluation records.(B) Licensees conducting child custody evaluations shall maintain the confidentiality of records obtained from the Department of Family and Protective Services pursuant to §107.111 of the Family Code, as well as any records obtained pursuant to §107.1111. Licensees may not disclose any information obtained from the records except as required or allowed by law. Failure to maintain confidentiality as required by law will result in disciplinary action against a licensee.(7) Evaluation Report.(A) A licensee who conducts a child custody evaluation shall prepare and file a report in accordance with §107.113 of the Family Code.(B) A licensee shall provide a copy of any report filed with the Court in accordance with §107.114 of the Family Code.(f) Adoption Evaluations.(1) The role of the adoption evaluator is one of professional expert. A licensee serving as an adoption evaluator shall not function as an advocate, but must remain impartial and objective. Licensees conducting adoption evaluations, including those licensees appointed by a court, are subject to the Council's jurisdiction and must follow all applicable Council rules.(2) Minimum Qualifications of Adoption Evaluator.(A) A licensee must be qualified to conduct an adoption evaluation pursuant to §107.154 of the Family Code before the licensee may conduct an evaluation.(B) Licensees qualified to conduct a child custody evaluations are also qualified to conduct adoption evaluations.(C) A licensee who does not meet the minimum qualification requirements set forth in §107.154, may nevertheless conduct an adoption evaluation if:(i) appointed to do so pursuant to §107.155 of the Family Code. A licensee appointed under §107.155 must comply with the provisions of Subchapter E of the Texas Family Code and this rule; or(ii) the individual is licensed as a psychologist, and has completed at least ten social studies or other child custody evaluations ordered by a court in suits affecting the parent-child relationship prior to September 1, 2015.(3) Disclosure of Conflicts and Bias.(A) Licensees shall comply with all disclosure requirements set forth in §107.156 of the Family Code.(B) Following any disclosure required by §107.156(c), a licensee must resign as adoption evaluator, unless:(i) the court finds that no conflict of interest exists and that any previous knowledge of a party or child who is the subject of the suit is not relevant; or(ii) the parties and any attorney for a child who is the subject of the suit agree in writing to the licensee's continued appointment as the adoption evaluator.(C) Except as authorized by §107.156(e) of the Family Code, licensees may not accept appointment as an adoption evaluator if they have worked in a professional capacity with a party, a child who is the subject of the suit, or a member of the party's or child's family. The term \"family\" as used in this subpart has the meaning assigned by §71.003 of the Family Code.(4) A licensee shall report to the Department of Family and Protective Services any adoptive placement that appears to have been made by someone other than a licensed child-placing agency or a child's parent or managing conservator.(5) Licensees shall comply with §§107.158, 107.159, and 107.160 of the Family Code when conducting adoption evaluations.(6) Licensees conducting adoption evaluations shall maintain the confidentiality of records obtained from the Department of Family and Protective Services pursuant to §107.163 of the Family Code. Licensees may not disclose any information obtained from the records except as required or allowed by law. Failure to maintain confidentiality as required by §107.163 of the Family Code will result in disciplinary action against a licensee.(g) Duty to Report Complaints. Licensees must report any complaint filed against them that alleges facts tending to show a violation of this rule in connection with a child custody or adoption evaluation. The report must be made to the court that ordered the evaluation within 30 days of receiving notice of the complaint from the Council. Only those complaints for which a licensee receives notice from the Council need to be reported.(h) Parenting Facilitators.(1) The title \"parenting facilitator\" is defined in §153.601 of the Family Code.(2) The Council's jurisdiction over licensees who also accept engagements as parenting facilitators is limited to its enforcement of Council rules. The Family Code sets forth procedures for the qualifications, duties, appointment and removal, reporting, record retention, and compensation of parenting facilitators. The Family Code also provides procedures for disclosure of conflicts of interest by parenting facilitators.(3) A parenting facilitator who is also a licensed psychologist in Texas is a provider of forensic psychological services and must comply with all applicable Council rules.(4) Participants in parenting facilitation are not patients as defined in these rules and in Texas Health and Safety Code §611.001. Records created during parenting facilitation are not confidential.(5) Parenting facilitators must comply with §§153.6061 and 153.6101 of the Family Code as to duties and qualifications, and with the \"Guidelines for Parenting Coordination\" published by the Association of Family and Conciliation Courts.(6) The following psychologist-parenting facilitator practice standards are set forth consistent with §153.6101 of the Family Code:(A) Parenting facilitators licensed by the Council shall comply with the standard of care applicable to the license to practice psychology in Texas.(B) Psychologist-parenting facilitators meet all requirements of §153.6101 of the Family Code, including active licensure to practice as a psychologist in Texas; completion of 8 hours of family violence dynamics training provided by a family violence service provider; 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court; 24 classroom hours of training in the fields of family dynamics, child development, and family law; and 16 hours of training in the laws governing parenting coordination and parenting facilitation and the multiple styles and procedures used in different models of service.", "sourceNote": "Source Note: The provisions of this §465.18 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201283&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201283", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.20", "label": "Research" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201284", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Conducting Research.(1) Licensees who conduct research involving human research participants must obtain informed consent which includes risks, discomfort, adverse effects, limitations on confidentiality including anticipated sharing or use of personally identifiable research data and of the possibility of unanticipated future uses, as well as any aspects about which the prospective participants inquire.(2) Licensees shall conduct all research involving animals in a humane manner which minimizes the discomfort, infection, illness and pain of animal subjects. A procedure subjecting animals to pain, stress or privation is used only when an alternative procedure is unavailable and the goal is justified by its prospective scientific, education or applied value.(b) Research results.(1) Psychologists do not fabricate data or falsify results in their publications.(2) Licensees who discover significant errors in their published data take all reasonable steps to correct such errors.(3) Licensees do not present substantial portions or elements of another individual's research work or data as their own.(4) Licensees take responsibility and credit, including authorship credit, only for work they have actually performed or to which they have contributed.", "sourceNote": "Source Note: The provisions of this §465.20 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201284", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.21", "label": "Termination of Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201285", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees do not abandon patients or clients.(b) Withdrawal from a professional relationship in compliance with Council rules to avoid a prohibited dual relationship is not abandonment of a patient or client.(c) Licensees terminate a professional relationship when it becomes reasonably clear that the patient or client no longer needs the service, is not benefiting or is being harmed by continued service.(d) Prior to termination of a professional relationship for any reason, the licensee takes all reasonable steps to facilitate transfer of responsibility for the patient or client to a qualified service provider if necessary to prevent physical or emotional harm and, if not precluded by the patient or client's conduct, provides appropriate pre-termination counseling and referrals.(e) Licensees who are required to interrupt services of a professional relationship for any reason shall make arrangements for provision of any services to all patients or clients required during the interruption.(f) Termination of employment with agencies or organizations.(1) When entering into employment or contractual relationships, licensees provide for orderly and appropriate resolution of responsibility for patient or client care in the event that the employment or contractual relationship ends, with paramount consideration given to the welfare of the patient or client.(2) Licensees who are employed by an organization or agency to provide psychological services must, upon termination of that employment, work with the employer to facilitate access to records of all services provided by the licensee to patients or clients as otherwise required by Council rules and applicable law.(3) Licensees who are employed by an organization or agency to provide psychological services must, upon termination of that employment, work with the employer to facilitate transfer of clients or patients who are continuing to receive services from the agency or organization to another qualified service provider.(g) Termination of employment with public schools.(1) A LSSP who is under contract as an employee of a public school to provide school psychological services must deliver to such public school a written resignation before terminating services or employment without cause. The resignation must be filed with the public school's board of trustees or designee not later than the 45th day before the first day of instruction of the following school year. A written resignation mailed by prepaid certified or registered mail to the president of the public school's board of trustees or designee at the post office address of the public school is considered delivered at the time of mailing.(2) A LSSP who is under contract as an employee of a public school may resign at any time if given written consent by the public school's board of trustees or designee or if such resignation is for cause.", "sourceNote": "Source Note: The provisions of this §465.21 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201285", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.22", "label": "Psychological Records, Test Data and Test Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201286", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Requirements.(1) All licensees shall create and maintain accurate, current, and pertinent records of all psychological services rendered by or under the supervision of the licensee.(2) All records shall be sufficient to permit planning for continuity in the event that another care provider takes over delivery of services to a patient or client for any reason, including the death, disability or retirement of the licensee and to permit adequate regulatory and administrative review of the psychological service.(3) All licensees shall identify impressions and tentative conclusions as such in patient or client records.(4) All records and record entries shall be created in as timely a manner as possible after the delivery of the specific services being recorded.(5) Records shall be maintained and stored in a way that permits review and duplication.(6) Licensees working in public school settings shall comply with all federal and state laws relative to the content, maintenance, control, access, retention and destruction of psychological and educational records, test data and test protocols.(7) Licensees are prohibited from falsifying, altering, fabricating, or back-dating records and reports.(b) Maintenance and Control of Records.(1) Licensees shall maintain records in a manner that protects the confidentiality of all services delivered by the licensee.(2) Licensees are responsible for the contents of, as well as the access, retention, control, maintenance, and destruction of all records unless stated otherwise by law.(3) Licensees shall make all reasonable efforts to protect against the misuse of any record.(4) Licensees shall maintain control over records to the extent necessary to ensure compliance with all applicable state and federal laws.(5) In situations where it becomes impossible for a licensee to maintain control over records as required by state or federal law, the licensee shall make all necessary arrangements for transfer of the licensee's records to another licensee who will ensure compliance with state and federal laws concerning records.(6) The possession, access, retention, control, maintenance, and destruction of records of psychological services rendered by a licensee as an employee of or contractor for an agency or organization remain the responsibility of that agency or organization upon termination of the licensee's employment or contract unless otherwise required by state or federal law or legal agreement.(c) Access to Records.(1) Records shall be entered, organized and maintained in a manner that facilitates their use by all authorized persons.(2) Records may be maintained in any media that ensure confidentiality and durability.(3) A licensee shall release information about a patient or client only upon written authorization from the patient or client, or as otherwise permitted or required under state or federal law.(4) Test materials are not part of a patient's or client's record and may not be copied or distributed unless otherwise permitted or required under state or federal law.(5) Test data are part of a patient's records and must be released to the patient as part of the patient's records. In the event test data are commingled with test materials, licensees may inquire whether the patient will accept a summary or narrative of the test data in lieu of having to either redact the test materials or extract the test data from test materials in order to comply with the request for records.(6) Licensees cooperate in the continuity of care of patients and clients by providing appropriate information to succeeding qualified service providers as permitted by applicable Council rule and state and federal law.(7) Licensees who are temporarily or permanently unable to practice psychology shall implement a system that enables their records to be accessed in compliance with applicable Council rules and state and federal law.(8) Access to records may not be withheld due to an outstanding balance owed by a client for psychological services provided prior to the patient's request for records. However, licensees may impose a reasonable fee for review and/or reproduction of records and are not required to permit examination until such fee is paid, unless there is a medical emergency or the records are to be used in support of an application for disability benefits.(9) No later than 15 days after receiving a written request from a patient to examine or copy all or part of the patient's mental health records, a psychologist shall:(A) make the information available for examination during regular business hours and provide a copy to the patient, if requested; or(B) inform the patient in writing that the information does not exist or cannot be found; or(C) when withholding information, provide the patient with a signed and dated statement reflecting the licensee's determination, based upon the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the patient or another person. The written statement must specify the portion of the record being withheld, the reason for denial and the duration of the denial.(10) A licensee may, but is not required to provide a patient with access to psychotherapy notes, as that term is specifically defined in 45 C.F.R. §164.501, maintained by the licensee concerning the patient.(d) Retention of Records.(1) Licensees shall comply with all applicable laws, rules and regulations concerning record retention.(2) In the absence of applicable state and federal laws, rules and regulations, records and test data shall be maintained for a minimum of seven years after the date of termination of services with the patient, client, or subject of evaluation, or five years after a patient or subject of evaluation reaches the age of majority, whichever is greater.(3) All records shall be maintained in a manner which permits timely retrieval and production.(e) Outdated Records.(1) Licensees take reasonable steps when disclosing records to note information that is outdated.(2) Disposal of records shall be done in an appropriate manner that ensures confidentiality of the records in compliance with applicable Council rules and state and federal laws.", "sourceNote": "Source Note: The provisions of this §465.22 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201286", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.32", "label": "Disposition and Assumption of the Practice of a Mental Health Professional" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201287", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In General.(1) A licensee has the right to sell or otherwise dispose of the licensee's practice to another licensed psychologist.(2) A licensee has the right to assume the practice of a licensee.(3) Arrangements regarding accounts receivable and other financial and tangible assets and liabilities of the practice being transferred must be resolved by the selling and assuming licensees prior to the transfer of any patient or client records.(b) Notice and Referral of Patients and Clients.(1) A licensee who intends to sell, retire, or otherwise dispose of a practice must make reasonable efforts to notify current and former patients or clients that on a given date the practice is being sold and that patient or client records will be transferred to the buyer unless the patient or client provides the name of an alternative mental health care provider to receive the records. This notice must provide a reasonable time to the patients and clients to make suitable responses and arrangements.(2) A licensee who assumes the practice of another mental health service provider may state a willingness to provide services to all patients or clients the licensee is competent to treat.(3) A licensee who assumes a practice must provide an appropriate referral to a qualified mental health services provider to any patient or client who notifies the licensee that they do not want to receive services from the licensee or to a patient or client to whom the licensee declines to offer services.(4) If the patient or client accepts a referral, the referring licensee must forward the patient or client's records to that mental health professional.", "sourceNote": "Source Note: The provisions of this §465.32 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201287", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.33", "label": "Improper Sexual Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226644", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Sexual Harassment\" means sexual advances, requests for sexual favors, or other verbal or physical conduct or contact of a sexual nature that has the purpose or effect of creating an intimidating, hostile, or offensive environment and that occurs within a professional relationship. The determination of whether conduct or comments rise to the level of sexual harassment must be made based upon the totality of the circumstances, and from the viewpoint of a reasonable person. Sexual harassment does not include simple teasing, offhand comments, or isolated incidents that are not serious in nature.(b) \"Sexual Impropriety\" is deliberate or repeated comments, gestures, or physical acts of a sexual nature that include, but are not limited to:(1) Behavior, gestures, or expressions which may reasonably be interpreted as inappropriately seductive or sexually demeaning;(2) Making inappropriate comments about an individual's body;(3) Making sexually demeaning comments to an individual;(4) Making comments about an individual's potential sexual performance, except when the examination or consultation is pertinent to the issue of sexual function or dysfunction in therapy/counseling;(5) Requesting details of a patient or client's sexual history when not clinically indicated for the type of consultation;(6) Requesting a date;(7) Initiating conversation regarding the sexual problems, preferences, or fantasies of either party; or(8) Kissing of a sexual nature.(c) A sexual relationship is the engaging in any conduct that is sexual or may be reasonably interpreted as sexual in nature including, but not limited to:(1) Sexual intercourse;(2) Genital contact;(3) Oral to genital contact;(4) Genital to anal contact;(5) Oral to anal contact;(6) Touching breasts or genitals;(7) Encouraging another to masturbate in one's presence;(8) Masturbation in another's presence; or(9) Exposure of sexual organs, breasts or buttocks.(d) A dating relationship is a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature, but does not include a casual acquaintanceship or ordinary fraternization in a business or social context. The existence of such a relationship shall be determined based on consideration of:(1) The length of the relationship;(2) The nature of the relationship; and(3) The frequency and type of interaction between the persons involved in the relationship.(e) A licensee may not engage in sexual harassment, sexual impropriety, or a sexual relationship with a current patient or client; a former patient or client over whom the licensee has influence due to a therapeutic relationship; current students or trainees of the licensee; individuals who the licensee knows to be the parents, guardians, spouses, significant others, children, or siblings of current patients or a supervisee over whom the licensee has administrative or clinical responsibility. A licensee may not engage in a sexual relationship with individuals who the licensee knows to be the parents, guardians, spouses, significant others, children, or siblings of former patients for at least two years after termination of services.(f) A licensee may not engage in a dating relationship with a current client or former client over whom the licensee has influence due to therapeutic relationship; current students or trainees of the licensee; individuals who the licensee knows to be the parents, guardians, spouses, significant others, children, or siblings of current clients, or a supervisee over whom the licensee has administrative or clinical responsibility. A licensee may not engage in a dating relationship with individuals who the licensee knows to be the parents, guardians, spouses, significant others, children, or siblings of former clients, for at least two years after termination of services. A licensee may never engage in a dating relationship when there is potential for harm to any of these individuals.(g) Licensees do not accept as patients individuals with whom they have engaged in sexual relationships.", "sourceNote": "Source Note: The provisions of this §465.33 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226644", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.34", "label": "Providing Mental Health Services to Those Served by Others" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201289", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees do not knowingly provide psychological services to clients receiving mental health services elsewhere without first discussing consequent treatment issues with the clients. If the client consents, a licensee shall inform the other professional and strive to establish a positive and collaborative professional relationship.", "sourceNote": "Source Note: The provisions of this §465.34 adopted to be\r\neffective October 7, 2020, 45 TexReg 7013; amended to be effective\r\nNovember 9, 2025, 50 TexReg 7282." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201289", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.35", "label": "Duty to Report Rule Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225379", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee that becomes aware of another licensee violating a state or federal law within the jurisdiction of the Council, may attempt to resolve the violation informally with the other licensee if the violation does not involve actual or likely harm to an individual or the public. Any unresolved violations must be reported to the Council.(b) A licensee that becomes aware of another licensee violating a state or federal law within the jurisdiction of the Council involving actual or likely harm to an individual or the public, must report the violation of the Council.", "sourceNote": "Source Note: The provisions of this §465.35 adopted to be effective October 7, 2020, 45 TexReg 7013." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225379&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225379", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "465", "label": "RULES OF PRACTICE" }, "rule": { "number": "§465.38", "label": "Psychological Services for Schools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201291", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule acknowledges the unique difference in the delivery of school psychological services in public and private schools from psychological services in the private sector. The Council recognizes the purview of the State Board of Education and the Texas Education Agency in safeguarding the rights of school children in Texas. The mandated multidisciplinary team decision making, hierarchy of supervision, regulatory provisions, and past traditions of school psychological service delivery both nationally and in Texas, among other factors, allow for rules of practice in public and private schools which reflect these occupational distinctions from the private practice of psychology.(b) Scope of Practice.(1) School psychological services include the delivery of a comprehensive range of services to support the academic, emotional, social, behavioral, and mental health development and needs of students, which includes the promotion of students' strengths, as well as the identification and treatment of mental health disorders and disabilities impacting student educational performances.(2) School psychological services include, but are not limited to:(A) Assessment, which includes psychoeducational, cognitive, psychological, emotional, behavioral, and other assessments; universal screenings; and various data collection methods to:(i) identify and address student academic, social, emotional, developmental, and mental and behavioral health needs;(ii) make eligibility recommendations for special education services;(iii) assess risk of harm to self or others, and;(iv) evaluate effectiveness of services and practices.(B) Prevention and Intervention services to support student learning, which include facilitating delivery of curricula and instructional strategies, school-wide, group, and individual interventions to support student achievement, student wellness, mental and behavioral health, promoting safe learning environments and addressing other barriers to learning.(C) Mental and Behavioral Health Services, which includes individual, group and/or school-wide services to promote social, emotional, mental and behavioral health, and prosocial and positive behaviors. Such services also include individual or group counseling, behavioral assessment and intervention, and consultation with families, educational staff, and other interested parties.(D) Consultation and Collaboration, which includes engagement in collaborative problem-solving as a vehicle to plan, implement, and evaluate academic and mental and behavioral health services, which may include psychoeducation for students, families, school personnel, and other relevant parties.(E) Development of programs, which includes designing, implementing, or evaluating safe, supportive, and educationally and psychologically sound learning environments; engaging in crisis prevention, response, and intervention; acting as a catalyst for educator and family engagement in adaptations and innovations; and facilitating the psychoeducational development of individual families or groups.(3) The delivery of school psychological services in the public schools of this state shall be consistent with nationally recognized standards for the practice of school psychology. Licensees providing school psychological services in a private school should comply with those same nationally recognized standards where possible, but at a minimum, must comply with all applicable Council rules, including those related to informed consent, notification of the right to file a complaint, competency, forensic services, and misuse of services.(c) The specialist in school psychology license permits the licensee to provide school psychological services only in public and private schools. A person utilizing this license may not provide psychological services in any context or capacity outside of a public or private school.(d) The correct title for an individual holding a specialist in school psychology license is Licensed Specialist in School Psychology or (LSSP), or the individual may use the title School Psychologist as referenced in §21.003 of the Education Code. An LSSP who has achieved certification as a Nationally Certified School Psychologist (NCSP) may use this credential along with the license title of LSSP.(e) Providers of Psychological Services Within the Public Schools.(1) School psychological services may be provided in Texas public schools only by individuals authorized by this Council to provide such services. Individuals who may provide such school psychological services include:(A) LSSPs; and(B) interns and post-doctoral fellows working towards licensure as a psychologist.(2) Licensees who do not hold the specialist in school psychology license may contract for specific types of psychological services, such as clinical psychology, counseling psychology, neuropsychology, and family therapy, but any such contracting may not involve the broad range of school psychological services listed in subsection (b)(1) of this section.(3) An LSSP who contracts with a school to provide school psychological services must notify the school of any intent or plan to subcontract or assign those services to another provider prior to entering into the agreement. An LSSP subject to this provision shall be responsible for ensuring the school psychological services delivered comply with subsection (b)(3) of this section.(f) Compliance with Applicable Education Laws. LSSPs shall comply with all applicable state and federal laws affecting the practice of school psychology, including, but not limited to:(1) Texas Education Code;(2) Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g;(3) Individuals with Disabilities Education Improvement Act (IDEIA), 20 U.S.C. §1400 et seq.;(4) Texas Public Information Act, Texas Government Code, Chapter 552;(5) Section 504 of the Rehabilitation Act of 1973;(6) Americans with Disabilities Act (ADA) 42 U.S.C. §12101; and(7) HIPAA when practicing in a private school.(g) Informed Consent in a Public School. Informed consent for a Licensed Specialist in School Psychology must be obtained in accordance with the Individuals with Disabilities Education Improvement Act (IDEIA) and the U.S. Department of Education's rules governing parental consent when delivering school psychological services in the public schools, and is considered to meet the requirements for informed consent under Board rules. No additional informed consent, specific to any Council rules, is necessary in this context. Licensees providing psychological services under subsection (e)(2) of this section, or in a private school however, must obtain informed consent as otherwise required by the Council rules.", "sourceNote": "Source Note: The provisions of this §465.38 adopted to be\r\neffective October 7, 2020, 45 TexReg 7013; amended to be effective\r\nSeptember 19, 2021, 46 TexReg 6260; amended to be effective June 15,\r\n2023, 48 TexReg 2945; amended to be effective July 20, 2025, 50 TexReg\r\n4014." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201291", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "21", "label": "TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS" }, "chapter": { "number": "470", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§470.1", "label": "Schedule of Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199526", "queryAsDate": "03/11/2026" }, "ruleBody": "The following standard sanctions shall apply to violations of Chapter 501 and 22 TAC Part 21.Attached Graphic", "sourceNote": "Source Note: The provisions of this §470.1 adopted to be effective October 7, 2020, 45 TexReg 7018." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199526", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§501.51", "label": "Preamble and General Principles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224519&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224519", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) These rules of professional conduct were promulgated under the Public Accountancy Act, which directs the Texas State Board of Public Accountancy to promulgate rules of professional conduct \"in order to establish and maintain high standards of competence and integrity in the practice of public accountancy and to ensure that the conduct and competitive practices of licensees serve the purposes of the Act and the best interest of the public.\"(b) The services usually and customarily performed by those in the public, industry, or government practice of accountancy involve a high degree of skill, education, trust, and experience which are professional in scope and nature. The use of professional designations carries an implication of possession of the competence associated with a profession. The public, in general, and the business community, in particular, rely on this professional competence by placing confidence in reports and other services of accountants. The public's reliance, in turn, imposes obligations on persons utilizing professional designations to their clients, employers and to the public in general. These obligations include maintaining independence in fact and in appearance, while in the client practice of public accountancy, continuously improving professional skills, observing GAAP and GAAS, when required, promoting sound and informative financial reporting, holding the affairs of clients and employers in confidence, upholding the standards of the public accountancy profession, and maintaining high standards of personal and professional conduct in all matters.(c) The board has an underlying duty to the public to ensure that these obligations are met in order to achieve and maintain a vigorous profession capable of attracting the bright minds essential to adequately serving the public interest.(d) These rules recognize the First Amendment rights of the general public as well as licensees and do not restrict the availability of accounting services. However, public accountancy, like other professional services, cannot be commercially exploited without the public being harmed. While information as to the availability of accounting services and qualifications of licensees is desirable, such information should not be transmitted to the public in a misleading fashion.(e) The rules are intended to have application to all kinds of professional services performed in the practice of public accountancy, including services found at §501.52(22) of this chapter (relating to Definitions).(f) Finally, these rules also recognize the duty of certified public accountants to refrain from committing acts discreditable to the profession. These acts, whether or not related to the accountant's practice, impact negatively upon the public's trust in the profession.(g) In the interpretation and enforcement of these rules, the board may consider relevant interpretations, rulings, and opinions issued by the boards of other jurisdictions and appropriate committees of professional organizations, but will not be bound thereby.", "sourceNote": "Source Note: The provisions of this §501.51 adopted to be effective June 11, 2000, 25 TexReg 5334; amended to be effective February 4, 2004, 29 TexReg 963; amended to be effective February 17, 2008, 33 TexReg 1089; amended to be effective December 7, 2011, 36 TexReg 8231; amended to be effective August 4, 2016, 41 TexReg 5548; amended to be effective June 3, 2020, 45 TexReg 3631." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224519&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224519", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§501.52", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224523", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in title 22, part 22 of the Texas Administrative Code relating to the Texas State Board of Public Accountancy, shall have the following meanings, unless the context clearly indicates otherwise. The masculine shall be construed to include the feminine or neuter and vice versa, and the singular shall be construed to include the plural and vice versa.(1) \"Act\" means the Public Accountancy Act, Chapter 901, Occupations Code;(2) \"Advertisement\" means a message which is transmitted to persons by, or at the direction of, a person and which has reference to the availability of the person to perform Professional Accounting Services;(3) \"Affiliated entity\" means an entity controlling or being controlled by or under common control with another entity, directly or indirectly, through one or more intermediaries;(4) \"Attest Service\" means:(A) an audit or other engagement required by the board to be performed in accordance with the auditing standards adopted by the AICPA, PCAOB, or another national or international accountancy organization recognized by the board;(B) a review or compilation required by the board to be performed in accordance with standards for accounting and review services adopted by the AICPA or another national or international accountancy organization recognized by the board;(C) an engagement required by the board to be performed in accordance with standards for attestation engagements adopted by the AICPA or another national or international accountancy organization recognized by the board; or(D) any other assurance service required by the board to be performed in accordance with professional standards adopted by the AICPA or another national or international accountancy organization recognized by the board;(5) \"Board\" means the Texas State Board of Public Accountancy; (6) \"Charitable Organization\" means an organization which has been granted tax-exempt status under the Internal Revenue Code of 1986, §501(c), as amended;(7) \"Client\" means a party who enters into an agreement with a license holder or a license holder's employer to receive a professional accounting service or professional accounting work;(8) \"Client Practice of Public Accountancy\" is the offer to perform or the performance by a person for a client or a potential client of professional accounting services or professional accounting work, and also includes:(A) the advice or recommendations in connection with the sale or offer for sale of products (including the design and implementation of computer software), when the advice or recommendations routinely require or imply the possession of accounting or auditing skills or expert knowledge in auditing or accounting; and(B) the performance of litigation support services;(9) \"Commission\" means compensation for recommending or referring any product or service to be supplied by another party;(10) \"Contingent fee\" means a fee for any service where no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service. However, a person's non-Contingent fees may vary depending, for example, on the complexity of the services rendered. Fees are not contingent if they are fixed by courts or governmental entities acting in a judicial or regulatory capacity, or in tax matters if determined based on the results of judicial proceedings or the findings of governmental agencies acting in a judicial or regulatory capacity, or if there is a reasonable expectation of substantive review by a taxing authority;(11) \"Financial Statements\" means a presentation of financial data, including accompanying notes, derived from accounting records and intended to communicate an entity's economic resources or obligations at a point in time, or the changes therein for a period of time, in accordance with generally accepted accounting principles or other comprehensive basis of accounting. Incidental financial data to support recommendations to a client or in documents for which the reporting is governed by Statements on Standards for Attestation Engagements and tax returns and supporting schedules do not constitute financial statements for the purposes of this definition;(12) \"Firm\" means a sole proprietorship, partnership, limited liability partnership, limited liability company, corporation or other legally recognized business entity engaged in the practice of public accountancy;(13) \"Good standing\" means compliance by a licensee with the board's licensing rules, including the mandatory continuing education requirements, Peer Review, and payment of the annual license fee, and any penalties and other costs attached thereto. In the case of board-imposed disciplinary or administrative sanctions, the person must be in compliance with all the provisions of the board order to be considered in good standing;(14) \"Licensee\" means the holder of a license issued by the board to a person pursuant to the Act, or pursuant to provisions of a prior Act;(15) \"Out of state practitioner and out of state firm\" means a person licensed in another jurisdiction practicing in Texas pursuant to a practice privilege as provided for in §901.461 and §901.462 of the Act (relating to Practice by Certain Out-of-State Firms and Practice by Out-of-State Practitioner with Substantially Equivalent Qualifications);(16) \"Peer Review,\" \"Quality Review\" or \"Compliance Assurance\" means the study, appraisal, or review of the professional accounting work of a public accountancy firm that performs attest services by a certificate holder who is not affiliated with the firm;(17) \"Person\" means an individual, sole proprietorship, partnership, limited liability partnership, limited liability company, corporation or other legally recognized business entity that provides or offers to provide professional accounting services or professional accounting work as defined in paragraph (22) of this section;(18) \"Principal office\" means the location specified by the client as the address to which a client practice of public accounting service is directed and is synonymous with Home Office where it appears in the Act;(19) \"Practice unit\" means an office of a firm required to be licensed with the board for the purpose of the client practice of public accountancy;(20) \"Practice privilege\" means the privilege for an out-of-state person to provide certain Professional Accounting Services or Professional Accounting Work in Texas to the extent permitted under Chapter 517 of this title (relating to Practice by Certain Out of State Firms and Individuals);(21) \"Preparation engagement\" means the preparation of financial statements that do not include an audit, review or a compilation report on those financial statements in accordance with Standards for Accounting and Review Services adopted by the AICPA;(22) \"Professional Accounting Services\" or \"professional accounting work\" means services or work that requires the specialized knowledge or skills associated with certified public accountants, including but not limited to:(A) issuing reports on financial statement(s);(B) preparation engagements pursuant to SSARS;(C) providing management or financial advisory or consulting services;(D) preparing tax returns;(E) providing advice in tax matters;(F) providing forensic accounting services;(G) providing internal auditing services;(H) accounting, auditing and other assurance services;(I) providing litigation support services; and(J) recommending the sale of a product if the recommendation requires or implies accounting or auditing skills.(23) \"Report\" means an opinion, report, or other document, prepared in connection with an attest service that states or implies assurance as to the reliability of financial statement(s); and includes or is accompanied by a statement or implication that the person issuing the opinion, report, or other document has special knowledge or competence in accounting or auditing. A statement or implication of assurance as to the reliability of a financial statement or as to the special knowledge or competence of the person issuing the opinion, report, or other document includes any form of language that is conventionally understood to constitute such a statement or implication. A statement or implication of special knowledge or competence in accounting or auditing may arise from the use by the issuer of the opinion, report, or other document of a name or title indicating that the person is an accountant or auditor; or the language of the opinion, report, or other document itself.(24) Interpretive Comment: The practice of public accountancy is defined in §901.003 of the Act (relating to the Practice of Public Accountancy).", "sourceNote": "Source Note: The provisions of this §501.52 adopted\r\nto be effective June 11, 2000, 25 TexReg 5334; amended to be effective\r\nDecember 6, 2001, 26 TexReg 9857; amended to be effective February\r\n4, 2004, 29 TexReg 963; amended to be effective June 9, 2004, 29 TexReg\r\n5625; amended to be effective October 11, 2007, 32 TexReg 7059; amended\r\nto be effective February 17, 2008, 33 TexReg 1090; amended to be effective\r\nJune 11, 2008, 33 TexReg 4502; amended to be effective June 10, 2015,\r\n40 TexReg 3564; amended to be effective August 4, 2016, 41 TexReg\r\n5548; amended to be effective June 3, 2020, 45 TexReg 3631; amended\r\nto be effective April 2, 2025, 50 TexReg 2199." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224523&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224523", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§501.53", "label": "Applicability of Rules of Professional Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224524", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All of the rules of professional conduct shall apply to and must be observed by a certificate or registration holder and any individual who holds a certificate of license as a CPA in another state and whose principal place of business is not in this state but offers or renders professional accounting services in this state pursuant to §901.462 of the Act (relating to Practice by Out-Of-State Practitioner with Substantially Equivalent Qualifications) engaged in the client practice of public accountancy.(b) Notwithstanding subsection (a) of this section, the following rules of professional conduct shall be required of all licensees, including licensees practicing pursuant to §901.462 of the Act and certificate or registration holders not employed in the client practice of public accountancy:(1) §501.63(b) of this chapter (relating to Reporting Standards);(2) §501.73 of this chapter (relating to Integrity and Objectivity) when in an employer/employee relationship;(3) §501.74 of this chapter (relating to Competence); (4) §501.77 of this chapter (relating to Acting through Others);(5) §501.78 of this chapter (relating to Withdrawal or Resignation);(6) §501.90 of this chapter (relating to Discreditable Acts);(7) §501.91 of this chapter (relating to Reportable Events);(8) §501.92 of this chapter (relating to Frivolous Complaints);(9) §501.93 of this chapter (relating to Responses); and(10) §501.94 of this chapter (relating to Mandatory Continuing Professional Education).", "sourceNote": "Source Note: The provisions of this §501.53 adopted\r\nto be effective June 11, 2000, 25 TexReg 5336; amended to be effective\r\nDecember 19, 2000, 25 TexReg 12392; amended to be effective February\r\n6, 2002, 27 TexReg 747; amended to be effective June 9, 2004, 29 TexReg\r\n5626; amended to be effective December 7, 2011, 36 TexReg 8231; amended\r\nto be effective April 2, 2025, 50 TexReg 2200." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224524&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224524", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§501.55", "label": "Definition of Acronyms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224525", "queryAsDate": "03/11/2026" }, "ruleBody": "The following acronyms, when used in Title 22, Part 22 of the Texas Administrative Code relating to the Texas State Board of Public Accountancy, shall have the following meanings:(1) \"AICPA\" means the American Institute of Certified Public Accountants;(2) \"CPA\" means Certified Public Accountant;(3) \"CPE\" means continuing professional education;(4) \"FASB\" means the Financial Accounting Standards Board;(5) \"GAAP\" means Generally Accepted Accounting Principles; (6) \"GAAS\" means Generally Accepted Auditing Standards;(7) \"GAGAS\" means Generally Accepted Government Auditing Standards;(8) \"GASB\" means the Governmental Accounting Standards Board;(9) \"IASB\" means the International Accounting Standards Board;(10) \"IESB\" means the International Ethics Standards Board;(11) \"IFRB\" means International Financial Reporting Bulletins;(12) \"IFRS\" means International Financial Reporting Standards;(13) \"IRS\" means the Internal Revenue Service;(14) \"NASBA\" means the National Association of State Boards of Accountancy;(15) \"NPRC\" means the National Peer Review Committee;(16) \"PCAOB\" means the Public Company Accounting Oversight Board;(17) \"SAS\" means Statements on Auditing Standards;(18) \"SEC\" means the United States Securities and Exchange Commission;(19) \"SOAH\" means the State Office of Administrative Hearings;(20) \"SSAE\" means Statements on Standards for Attestation Engagements;(21) \"SSARS\" means Statements on Standards for Accounting and Review Services;(22) \"SSCS\" means Statements on Standards for Consulting Services;(23) \"SSTS\" means Statements on Standards for Tax Services; (24) \"TSBPA\" means Texas State Board of Public Accountancy; (25) \"TXCPA\" means the Texas Society of Certified Public Accountants;(26) \"UAA\" means the Uniform Accountancy Act;(27) \"UCPAE\" means the Uniform Certified Public Accountant Examination;(28) \"U.S. GAO\" means the United States Government Accountability Office; and(29) \"U.S. IQAB\" means the United States International Qualifications Appraisal Board.", "sourceNote": "Source Note: The provisions of this §501.55 adopted\r\nto be effective August 4, 2004, 29 TexReg 7303; amended to be effective\r\nJanuary 28, 2009, 34 TexReg 428; amended to be effective August 11,\r\n2010, 35 TexReg 6825; amended to be effective December 7, 2011, 36\r\nTexReg 8232; amended to be effective February 8, 2023, 48 TexReg 516;\r\namended to be effective April 2, 2025, 50 TexReg 2200." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224525&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224525", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "PROFESSIONAL STANDARDS" }, "rule": { "number": "§501.60", "label": "Auditing Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158900", "queryAsDate": "03/11/2026" }, "ruleBody": "A person shall not permit his name to be associated with financial statements in such a manner as to imply that he is acting as an auditor with respect to such financial statements, unless he has complied with GAAS. Each of the following are considered to be sources of GAAS:(1) SAS issued by the AICPA;(2) auditing standards included in Standards for Audit of Government Organizations, Programs, Activities and Functions issued by the U.S. GAO;(3) auditing and related professional practice standards and rules to be used by registered public accounting firms issued by the PCAOB; as well as,(4) other pronouncements having similar generally recognized authority.", "sourceNote": "Source Note: The provisions of this §501.60 adopted\r\nto be effective June 11, 2000, 25 TexReg 5336; amended to be effective\r\nFebruary 17, 2008, 33 TexReg 1091; amended to be effective December\r\n7, 2011, 36 TexReg 8232; amended to be effective August 4, 2016, 41\r\nTexReg 5549; amended to be effective April 2, 2025, 50 TexReg 2200." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158900", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "PROFESSIONAL STANDARDS" }, "rule": { "number": "§501.61", "label": "Accounting Principles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217731", "queryAsDate": "03/11/2026" }, "ruleBody": "A person, whether or not practicing under a practice privilege as provided for in §901.462 of the Act (relating to Practice by Out-of-State Practitioner With Substantially Equivalent Qualifications), shall not issue a report asserting that financial statements are presented in conformity with GAAP if such financial statements contain any departure from such accounting principles which has a material effect on the financial statements taken as a whole, unless the person, whether or not practicing under a practice privilege as provided for in §901.462 of the Act can demonstrate that by reason of unusual circumstances the financial statement(s) would otherwise be misleading. The report must describe the departure, the approximate effects thereof, if practicable, and the reasons why compliance with GAAP would result in a misleading statement. For purposes of this section, GAAP is considered to be defined by pronouncements issued by FASB and its predecessor entities and similar pronouncements issued by other entities having similar generally recognized authority.", "sourceNote": "Source Note: The provisions of this §501.61 adopted to be effective June 11, 2000, 25 TexReg 5337; amended to be effective February 17, 2008, 33 TexReg 1091; amended to be effective December 7, 2011, 36 TexReg 8232; amended to be effective October 10, 2012, 37 TexReg 8017." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217731", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "PROFESSIONAL STANDARDS" }, "rule": { "number": "§501.62", "label": "Other Professional Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224526", "queryAsDate": "03/11/2026" }, "ruleBody": "A person in the performance of consulting services, accounting and review services, any other attest service, financial advisory services, or tax services shall conform to the professional standards applicable to such services. For purposes of this section, such professional standards are considered to be interpreted by:(1) AICPA issued standards, including but not limited to:(A) Statements on Standards on Consulting Services (SSCS);(B) Statements on Standards for Accounting and Review Services (SSARS);(C) Statements on Standards for Attestation Engagements (SSAE);(D) Statements on Standards for Tax Services (SSTS);(E) Statements on Standards for Financial Planning Services (SSFPS);(F) Statements on Standards for Valuation Services (SSVS); or(G) Statements on Standards for Forensic Services (SSFS).(2) Pronouncements by other professional entities having similar national or international authority recognized by the board including but not limited to the International Financial Reporting Standards (IFRS) promulgated by the International Accounting Standards Board (IASB).", "sourceNote": "Source Note: The provisions of this §501.62 adopted to be effective June 11, 2000, 25 TexReg 5337; amended to be effective June 7, 2001, 26 TexReg 3931; amended to be effective February 17, 2008, 33 TexReg 1092; amended to be effective December 7, 2011, 36 TexReg 8233; amended to be effective June 11, 2014, 39 TexReg 4432; amended to be effective August 4, 2016, 41 TexReg 5549; amended to be effective April 10, 2024, 49 TexReg 2193." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224526&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224526", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "PROFESSIONAL STANDARDS" }, "rule": { "number": "§501.63", "label": "Reporting Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "153932", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee in the client practice of public accountancy must comply with SSARS or another similar standard of a national or international accountancy organization recognized by the board when transmitting a client's financial statements to the client or a third party.(b) A licensee not employed in the client practice of public accountancy may prepare his employer's financial statements and may issue non-attest transmittals or information regarding non-attest transmittals without a firm license, provided those transmittals do not purport to be in compliance with SSARS or any other similar standard of a national or international accountancy organization recognized by the board.(c) A licensee performing a preparation engagement is not required to enroll in peer review.", "sourceNote": "Source Note: The provisions of this §501.63 adopted to be\r\neffective February 9, 2011, 36 TexReg 545; amended to be effective\r\nApril 11, 2012, 37 TexReg 2402; amended to be effective April 2, 2025,\r\n50 TexReg 2200." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153932&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "153932", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.70", "label": "Independence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "153933", "queryAsDate": "03/11/2026" }, "ruleBody": "A person in the performance of professional accounting services or professional accounting work, including those who are not members of the AICPA, shall conform in fact and in appearance to the independence standards established by the AICPA and the board, and, where applicable, the SEC, the U.S. GAO, the PCAOB and other national or international regulatory or professional standard setting bodies.", "sourceNote": "Source Note: The provisions of this §501.70 adopted to be effective June 11, 2000, 25 TexReg 5337; amended to be effective February 15, 2001, 26 TexReg 1340; amended to be effective April 3, 2002, 27 TexReg 2436; amended to be effective February 17, 2008, 33 TexReg 1092; amended to be effective December 7, 2011, 36 TexReg 8233." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "153933", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.71", "label": "Receipt of Commission, Compensation or Other Benefit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135006", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall not for a commission, compensation or other benefit recommend or refer to a client any product or service or refer any product or service to be supplied to a client, or receive a commission, compensation or other benefit when the person also performs services for that client requiring independence under §501.70 of this chapter (relating to Independence).(b) This prohibition applies during the period in which the person is engaged to perform any of the services requiring independence and during the period covered by any of the historical financial statements involved in such services requiring independence.(c) A person who receives, expects or agrees to receive, pays, expects or agrees to pay, other compensation in exchange for services or products recommended, referred, or sold by him shall, no later than the making of such recommendation, referral, or sale, disclose to the client in writing the nature, source, and amount, or an estimate of the amount when the amount is not known, of all such other compensation.(d) This section does not apply to payments received from the sale of all, or a material part, of an accounting practice, or to retirement payments.", "sourceNote": "Source Note: The provisions of this §501.71 adopted to be effective June 11, 2000, 25 TexReg 5337; amended to be effective February 4, 2004, 29 TexReg 963; amended to be effective February 17, 2008, 33 TexReg 1092; amended to be effective April 15, 2009, 34 TexReg 2379; amended to be effective December 7, 2011, 36 TexReg 8233." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135006", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.72", "label": "Contingency Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199528", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall not perform for a contingent fee any professional accounting services or professional accounting work for, or receive such a fee from, a client for whom the person performs professional accounting services or professional accounting work requiring independence under §501.70 of this chapter (relating to Independence).(b) A person shall not prepare an original or amended federal, state, local or other jurisdiction tax return for a contingent fee for any client during the period in which the person is engaged to perform any of the services referenced by subsection (a) of this section and the period covered by any historical or prospective financial statements involved in any of the referenced services. Fees are not contingent if they are fixed by courts or governmental entities acting in a judicial or regulatory capacity, or in tax matters if determined based on the results of judicial proceedings or the findings of governmental agencies acting in a judicial or regulatory capacity, or if there is a reasonable expectation of substantive review by a taxing authority.(c) A person shall not perform an engagement as a testifying accounting expert for a contingent fee. A testifying accounting expert is one that at any time during the proceeding becomes subject to disclosure and discovery under the procedural rules of the forum where the matter for which his services were engaged is pending.(d) The prohibitions outlined in subsections (a) and (b) of this section apply during any period in which the person is engaged to perform any of the services referenced by subsections (a) and (b) of this section, and the period covered by any historical or prospective financial statements involved in any of the referenced services.(e) Interpretive Comment: A consulting accounting expert may become a testifying accounting expert when the client for whom he is working makes his work available to a testifying expert. A consulting accounting expert who is working on a contingent fee basis should work closely with his client to ensure that he does not inadvertently become a testifying expert through the actions of his client. An accounting expert may not accept a contingent fee for part of an engagement and a set fee for part of the same engagement. A consulting accounting expert who becomes a testifying expert may not accept a contingent fee for the part of his work done as a consultant, but must be compensated on a set fee basis for all of the work performed on the same engagement. A consulting accounting expert who enters into a contingent fee engagement should reach an agreement, preferably in writing, with the client as to how he will be compensated should he become a testifying expert prior to beginning the engagement.", "sourceNote": "Source Note: The provisions of this §501.72 adopted to be effective June 11, 2000, 25 TexReg 5338; amended to be effective April 7, 2004, 29 TexReg 3474; amended to be effective April 13, 2005, 30 TexReg 2067; amended to be effective October 13, 2005, 30 TexReg 6432; amended to be effective February 17, 2008, 33 TexReg 1093." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199528", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.73", "label": "Integrity and Objectivity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "153935", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person in the performance of professional accounting services or professional accounting work shall maintain integrity and objectivity, shall be free of conflicts of interest and shall not knowingly misrepresent facts nor subordinate his or her judgment to others. In tax practice, however, a person may resolve doubt in favor of his client as long as any tax position taken complies with applicable standards such as those set forth in Circular 230 issued by the IRS and the AICPA's SSTSs.(b) A conflict of interest may occur if a person performs a professional accounting service or professional accounting work for a client or employer and the person has a relationship with another person, entity, product, or service that could, in the person's professional judgment, be viewed by the client, employer, or other appropriate parties as impairing the person's objectivity. If the person believes that the professional accounting service or professional accounting work can be performed with objectivity, and the relationship is disclosed to and consent is obtained from such client, employer, or other appropriate parties in writing, then this rule shall not operate to prohibit the performance of the professional accounting service or professional accounting work because of a conflict of interest.(c) Certain professional engagements, such as audits, reviews, and other services, require independence. Independence impairments under §501.70 of this chapter (relating to Independence), its interpretations and rulings cannot be eliminated by disclosure and consent.(d) A person shall not concurrently engage in the practice of public accountancy and in any other business or occupation which impairs independence or objectivity in rendering professional accounting services or professional accounting work, or which is conducted so as to augment or benefit the accounting practice unless these rules are observed in the conduct thereof.(e) Interpretive comment: An email communication will satisfy the requirement for written disclosure of a conflict of interest in subsection (b) of this section.", "sourceNote": "Source Note: The provisions of this §501.73 adopted to be effective June 11, 2000, 25 TexReg 5338; amended to be effective February 4, 2004, 29 TexReg 963; amended to be effective February 17, 2008, 33 TexReg 1093; amended to be effective December 7, 2011, 36 TexReg 8234; amended to be effective June 3, 2020, 45 TexReg 3632." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "153935", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.74", "label": "Competence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199529", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall not undertake any engagement for the performance of professional accounting services or professional accounting work which he cannot reasonably expect to complete with due professional competence, including compliance, where applicable, with §501.60 of this chapter (relating to Auditing Standards), §501.61 of this chapter (relating to Accounting Principles), and §501.62 of this chapter (relating to Other Professional Standards).(1) Competence to perform professional accounting services or professional accounting work involves both the technical qualifications of the person and the person's staff and the ability to supervise and evaluate the quality of the work being performed.(2) If a person is unable to gain sufficient competence to perform professional accounting services or professional accounting work, the person shall suggest to the client the engagement of someone competent to perform the needed professional accounting or professional accounting work service, either independently or as an associate.(b) A person shall exercise due professional care in the performance of professional services.(c) A person shall adequately plan and supervise the performance of professional services.(d) A person shall obtain and maintain appropriate documentation to afford a reasonable basis for conclusions and recommendations in relation to any professional services performed.(e) Interpretive comment: The person may have the knowledge required to complete the professional services with competence prior to performance. In some cases, however, additional research or consultation with others may be necessary during the performance of the professional services.", "sourceNote": "Source Note: The provisions of this §501.74 adopted to be effective June 11, 2000, 25 TexReg 5338; amended to be effective February 17, 2008, 33 TexReg 1093; amended to be effective December 7, 2011, 36 TexReg 8234." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199529", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.75", "label": "Confidential Client Communications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199530", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except by permission of the client or the authorized representatives of the client, a person or any partner, member, officer, shareholder, or employee of a person shall not voluntarily disclose information communicated to him by the client relating to, and in connection with, professional accounting services or professional accounting work rendered to the client by the person. Such information shall be deemed confidential. The following includes, but is not limited to, examples of authorized representatives:(1) the authorized representative of a successor entity becomes the authorized representative of the predecessor entity when the predecessor entity ceases to exist and no one exists to give permission on behalf of the predecessor entity; and(2) an executor/administrator of the estate of a deceased client possessing an order signed by a judge is an authorized representative of the estate.(b) The provisions contained in subsection (a) of this section do not prohibit the disclosure of information required to be disclosed:(1) by the professional standards for reporting on the examination of a financial statement and identified in Chapter 501, Subchapter B of this title (relating to Professional Standards);(2) by applicable federal laws, federal government regulations, including requirements of the PCAOB;(3) under a summons or subpoena under the provisions of the Internal Revenue Code of 1986 and its subsequent amendments, a summons under the provisions of the Securities Act of 1933 (15 U.S.C. Section 77a et seq.) and its subsequent amendments, or a summons under the provisions of the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) and its subsequent amendments, the Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes), Texas Revised Civil Statutes Annotated;(4) under a court order signed by a judge if the court order:(A) is addressed to the license holder;(B) mentions the client by name; and(C) requests specific information concerning the client.(5) by the public accounting profession in reporting on the examination of financial statements;(6) by a congressional or grand jury subpoena;(7) in investigations or proceedings conducted by the board;(8) in ethical investigations conducted by a private professional organization of certified public accountants;(9) in a peer review; or(10) in the course of a practice review by another CPA or CPA firm for a potential acquisition in conjunction with a prospective purchase, sale, or merger of all or part of a member's practice if both firms enter into a written nondisclosure agreement with regard to all client information shared between the firms.(c) The provisions contained in subsection (a) of this section do not prohibit the disclosure of information already made public, including information disclosed to others not having a confidential communications relationship with the client or authorized representative of the client.(d) A person in the client practice of public accountancy shall take all reasonable measures to maintain the confidentiality of the client records and shall immediately upon becoming aware of the loss of, or loss of control over, the confidentiality of those records notify the client affected in writing of the date and time of the loss if known. Loss includes a cybersecurity breach or other incident exposing the records to a third party or parties without the client's consent or the loss of the client records or the loss of control over the client records. Persons have a responsibility to maintain a back-up system in order to be able to immediately identify and notify clients of a loss.(e) Interpretive comment. The definition of a successor entity as referenced in subsection (a)(1) of this section does not include the purchaser of all assets of an entity.", "sourceNote": "Source Note: The provisions of this §501.75 adopted to be effective June 11, 2000, 25 TexReg 5338; amended to be effective February 4, 2004, 29 TexReg 963; amended to be effective February 17, 2008, 33 TexReg 1094; amended to be effective June 11, 2008, 33 TexReg 4503; amended to be effective January 28, 2009, 34 TexReg 428; amended to be effective October 7, 2009, 34 TexReg 6853; amended to be effective February 9, 2011, 36 TexReg 545; amended to be effective June 13, 2013, 38 TexReg 3606; amended to be effective August 4, 2016, 41 TexReg 5549; amended to be effective June 7, 2017, 42 TexReg 2932; amended to be effective June 3,2020, 45 TexReg 3632." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199530", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.76", "label": "Records and Work Papers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199531", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Records.(1) A person shall return original client records to a client or former client within a reasonable time (promptly, not to exceed 10 business days) after the client or former client has made a request for those records. Original client records are those records provided to the person by the client or former client in order for the person to provide professional accounting services to the client or former client. Original client records also include those documents obtained by the person on behalf of the client or former client in order for the person to provide professional accounting services to the client or former client and do not include the electronic and hard copies of internal work papers. The person shall provide these records to the client or former client, regardless of the status of the client's or former client's account and cannot charge a fee to provide such records. Such records shall be returned to the client or former client in the same format, to the extent possible, that they were provided to the person by the client or former client. The person may make copies of such records and retain those copies.(2) Unless the person and the client have agreed in writing to the contrary:(A) A person's work papers, to the extent that such work papers include records which would ordinarily constitute part of the client's or former client's books and records and are not otherwise available to the client or former client, shall also be furnished to the client within a reasonable time (promptly, not to exceed 20 business days) after the client has made a request for those records. The person can charge a reasonable fee for providing such work papers.(B) Such work papers shall be in a format that the client or former client can reasonably expect to use for the purpose of accessing such work papers. The person is not required to convert records that are not in electronic format to electronic format or to convert electronic records into a different type of electronic format. However, if the client requests records in a specific format, and the records are available in such format within the person's custody and control, the client's request shall be honored.(C) The person is not required to provide the client with proprietary formulas.(D) The person is not required to provide the client with other formulas unless the formulas support the client's accounting or other records or the person was engaged to provide such formulas as part of a completed work product.(3) Work papers which constitute client records include, but are not limited to:(A) documents in lieu of books of original entry such as listings and distributions of cash receipts or cash disbursements;(B) documents in lieu of general ledger or subsidiary ledgers, such as accounts receivable, job cost and equipment ledgers, or similar depreciation records;(C) all adjusting and closing journal entries and supporting details when the supporting details are not fully set forth in the explanation of the journal entry; and(D) consolidating or combining journal entries and documents and supporting detail in arriving at final figures incorporated in an end product such as financial statements or tax returns.(b) Work papers. Work papers, regardless of format, are those documents developed by the person incident to the performance of his engagement which do not constitute records that must be returned to the client in accordance with subsection (a) of this section. Work papers developed by a person during the course of a professional engagement as a basis for, and in support of, an accounting, audit, consulting, tax, or other professional report prepared by the person for a client, shall be and remain the property of the person who developed the work papers.(c) For a reasonable charge, a person shall furnish to his client or former client, upon request from his client made within a reasonable time after original issuance of the document in question:(1) a copy of the client's tax return; or(2) a copy of any report or other document previously issued by the person to or for such client or former client provided that furnishing such reports to or for a client or former client would not cause the person to be in violation of the portions of §501.60 of this chapter (relating to Auditing Standards) concerning subsequent events.(d) This rule imposes no obligation on the person who provides services to a business entity to provide documents to anyone involved with the entity except the authorized representative of the entity.(e) Documentation or work documents required by professional standards for attest services shall be maintained in paper or electronic format by a person for a period of not less than five years from the date of any report issued in connection with the attest service, unless otherwise required by another regulatory body. Failure to maintain such documentation or work papers constitutes a violation of this section and may be deemed an admission that they do not comply with professional standards.(f) Interpretive Comment: It is recommended that a person obtain a receipt or other written documentation of the delivery of records to a client.(g) Interpretive Comment: For the purposes of this rule, client records include:(1) backup or working files of commercially available software along with any passwords needed to access such files; or(2) client files from commercially available tax return preparation software including any passwords needed to access such files.", "sourceNote": "Source Note: The provisions of this §501.76 adopted to be effective June 11, 2000, 25 TexReg 5339; amended to be effective December 6, 2001, 26 TexReg 9859; amended to be effective February 4, 2004, 29 TexReg 963; amended to be effective February 17, 2008, 33 TexReg 1094; amended to be effective October 15, 2008, 33 TexReg 8512; amended to be effective December 7, 2011, 36 TexReg 8234; amended to be effective August 30, 2016, 41 TexReg 6498; amended to be effective December 5, 2018, 43 TexReg 7789; amended to be effective June 3, 2020, 45 TexReg 3632." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199531", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.77", "label": "Acting through Others" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199532", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall not permit others including non-CPA owners and employees, to carry out on his behalf, either with or without compensation, acts, which, if carried out by the person, would place him in violation of these rules of professional conduct.(b) The board shall consider that the conduct of any non-CPA owner or employee in connection with the business of a licensed firm as the conduct of that licensed firm for the purposes of the rules of professional conduct.", "sourceNote": "Source Note: The provisions of this §501.77 adopted to be effective June 11, 2000, 25 TexReg 5339; amended to be effective August 15, 2002, 27 TexReg 7120; amended to be effective February 4, 2004, 29 TexReg 963; amended to be effective February 17, 2008, 33 TexReg 1095; amended to be effective June 3, 2020, 45 TexReg 3633." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199532&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199532", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.78", "label": "Withdrawal or Resignation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224527", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a person cannot complete an engagement to provide professional accounting services and professional accounting work or employment assignment in a manner that complies with the requirements of this chapter, the person shall withdraw from the engagement or resign from the employment assignment.(b) If a person withdraws from an engagement or resigns from an employment assignment pursuant to this section, the person shall inform the client or employer of the withdrawal or resignation.(c) Interpretive Comment: Any withdrawal or resignation shall be in writing. A person shall comply with the requirements of §501.75 of this chapter (relating to Confidential Client Communications) and §501.90(17) of this chapter (relating to Discreditable Acts) regarding confidential information of clients and employers during and after a withdrawal or resignation executed pursuant to this section. For purposes of this section, an engagement commences once an engagement letter is signed by the client, time is charged to the engagement, or compensation is received by a person in connection with an engagement or employment assignment.(d) Interpretive comment: An email communication will satisfy the requirement for written disclosure of a withdrawal or resignation in subsection (c) of this section.", "sourceNote": "Source Note: The provisions of this §501.78 adopted to be effective April 7, 2004, 29 TexReg 3475; amended to be effective February 17, 2008, 33 TexReg 1095; amended to be effective December 7, 2011, 36 TexReg 8235; amended to be effective June 3, 2020, 45 TexReg 3633." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224527&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224527", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§501.79", "label": "Transfer or Return of Files Resulting from the Sale, Transfer, Discontinuation or Acquisition of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199533", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or licensee's firm that sells or transfers all or part of the licensee's practice to another person, firm, or entity, and is employed by the firm or retains ownership in the firm, is required to notify the clients of the change in ownership within 30 days of the sale or transfer.(b) A licensee or licensee's firm that sells or transfers all or part of the licensee's practice to another person, firm, or entity and will no longer be employed by or retain any ownership in the practice is required to:(1) submit a written request to each client subject to the sale or transfer, requesting the client's consent to transfer its files to the successor firm. The licensee should not transfer any client files to the successor firm until the client's consent is obtained. The licensee is required to retain evidence of consent for at least five years from the date of sale or transfer of the firm;(2) arrange to return any client records, not transferred to the new firm, unless the licensee and client agree to some other arrangement; and(3) retain in a confidential manner, client files where the licensee is unable to contact the client, for at least five years from the sale or transfer. When practicing before the IRS or other taxing authorities or regulatory bodies, licensees should ensure compliance with the most restrictive retention requirements.(c) A licensee who discontinues his or her practice but does not sell or transfer the practice to a successor firm, is required within 30 days of the discontinuation of the practice to:(1) Notify each client in writing of the discontinuation of the practice. The licensee must retain evidence of notification made to clients for at least five years. The licensee is not required to provide notification to former clients of the firm.(2) Return any client records that the licensee is required to provide to the client, unless the licensee and client agree to some other arrangement.(3) Retain in a confidential manner, client files where the licensee is unable to contact the client, for at least five years from the discontinuation of the practice. When practicing before the IRS or other taxing authorities or regulatory bodies, licensees should ensure compliance with any retention requirements that are more restrictive. (d) A licensee who acquires all or part of a practice from another person, firm, or entity (predecessor firm) should be satisfied that all clients of the predecessor firm subject to the acquisition have consented to the licensee's continuation of professional services and retention of any client files or records the successor firm retains.", "sourceNote": "Source Note: The provisions of this §501.79 adopted to be\r\neffective April 2, 2025, 50 TexReg 2201." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199533&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199533", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES TO THE PUBLIC" }, "rule": { "number": "§501.80", "label": "Practice of Public Accountancy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224528", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not engage in the practice of public accountancy unless he holds a valid license or qualifies under a practice privilege. A person may not use the title or designation \"certified public accountant,\" the abbreviation \"CPA,\" or any other title, designation, word, letter, abbreviation, sign, card, or device tending to indicate that the person is a CPA unless he holds a valid license issued by the board or qualifies under a practice privilege. A license is not valid for any date or for any period prior to the date it is issued by the board and it automatically expires and is no longer valid after the end of the period for which it is issued.(b) Any licensee of this board in good standing as a CPA or public accountant may use such designation whether or not the licensee is in the client, industry, or government practice of public accountancy. However, a licensee who is not in the client practice of public accountancy may not in any manner, through use of the CPA designation or otherwise, claim or imply independence from his employer or that the licensee is in the client practice of public accountancy.(c) Interpretive Comment: This section incorporates the definitions of the practice of public accountancy and professional services and accounting work found in §501.52(8) and (22) of this chapter (relating to Definitions) as well as §901.003 of the Act (relating to Practice of Public Accountancy).(d) Interpretive Comment: This section incorporates §§901.451 - 901.453 of the Act (relating to the Use of Title or Abbreviation for \"Certified Public Accountant;\" Use of Title or Abbreviation for \"Public Accountant;\" and Use of Other Titles or Abbreviations).", "sourceNote": "Source Note: The provisions of this §501.80 adopted to be effective June 11, 2000, 25 TexReg 5339; amended to be effective February 4, 2004, 29 TexReg 964; amended to be effective June 9, 2004, 29 TexReg 5626; amended to be effective February 17, 2008, 33 TexReg 1095; amended to be effective December 7, 2011, 36 TexReg 8235; amended to be effective June 10, 2015, 40 TexReg 3565; amended to be effective June 3, 2020, 45 TexReg 3633." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224528&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224528", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES TO THE PUBLIC" }, "rule": { "number": "§501.81", "label": "Firm Licensing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199535", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A firm, may not provide or offer to provide attest services or use the title \"CPA,\" \"CPAs,\" \"CPA Firm,\" \"Certified Public Accountants,\" \"Certified Public Accounting Firm,\" or \"Auditing Firm\" or any variation of those titles unless the firm holds a firm license issued by the board or qualifies under a practice privilege. A firm license is not valid for any date or for any period prior to the date it is issued by the board and it automatically expires and is no longer valid after the end of the period for which it is issued. A firm license does not expire when the application for license renewal is received by the board prior to its expiration date. An expiration date for a firm license may be extended by the board, in its sole discretion, upon a demonstration of extenuating circumstances that prevented the firm from timely applying for or renewing a firm license.(b) A firm is required to hold a license issued by the board if the firm establishes or maintains an office in this state.(c) Each advertisement or written promotional statement that refers to a CPA's designation and his or her association with an unlicensed entity in the client practice of public accountancy must include the disclaimer: \"This firm is not a CPA firm and these services are not regulated by the Texas State Board of Public Accountancy.\" The disclaimer must be included in conspicuous proximity to the name of the unlicensed entity and be printed in a size at least equal to, and a type not less bold than that contained in the body of the advertisement or written statement. If the advertisement is in audio format only, the disclaimer shall be clearly declared at the conclusion of each such presentation.(d) The requirements of subsection (c) of this section do not apply with regard to a person performing services:(1) as a licensed attorney at law of this state while in the practice of law or as an employee of a licensed attorney when acting within the scope of the attorney's practice of law;(2) as an employee, officer, or director of a federally-insured depository institution, when lawfully acting within the scope of the legally permitted activities of the institution's trust department; or(3) pursuant to a practice privilege.(e) On the determination by the board that a person has practiced without a license or through an unlicensed firm in violation of subsection (c) of this section, the person's certificate shall be subject to revocation and may not be reinstated for at least 12 months from the date of the revocation.(f) Interpretive Comment: A person who is employed by an unlicensed firm that offers services that fall within the definitions of the client practice of public accountancy as defined in §501.52(8) and (22) of this chapter (relating to Definitions) and §901.003 of the Act (relating to Practice of Public Accountancy) must comply with the disclaimer requirement found in subsection (c) of this section.", "sourceNote": "Source Note: The provisions of this §501.81 adopted to be\r\neffective June 11, 2000, 25 TexReg 5339; amended to be effective December\r\n6, 2001, 26 TexReg 9859; amended to be effective April 3, 2002, 27\r\nTexReg 2437; amended to be effective February 4, 2004, 29 TexReg 964;\r\namended to be effective February 17, 2008, 33 TexReg 1096; amended\r\nto be effective October 13, 2010, 35 TexReg 9101; amended to be effective\r\nDecember 7, 2011, 36 TexReg 8236; amended to be effective June 10,\r\n2015, 40 TexReg 3566; amended to be effective June 3, 2020, 45 TexReg\r\n3633; amended to be effective April 2, 2025, 50 TexReg 2201." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199535", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES TO THE PUBLIC" }, "rule": { "number": "§501.82", "label": "Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199536", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall not use or participate in the use of:(1) any communication having reference to the person's professional services that contains a false, fraudulent, misleading or deceptive statement or claim;(2) any communication that refers to the person's professional services that is accomplished or accompanied by coercion, duress, compulsion, intimidation, threats, overreaching, or vexatious or harassing conduct; nor(3) a name that is misleading as to the identity of the individual practicing under such name.(b) Definitions:(1) A \"false, fraudulent, misleading or deceptive statement or claim\" includes, but is not limited to, a statement or claim which:(A) contain a misrepresentation of fact;(B) is likely to mislead or deceive because it fails to make full disclosure of relevant facts;(C) is intended or likely to create false or unjustified expectations of favorable results;(D) implies educational or professional attainments or licensing recognition not supported in fact;(E) represents that professional accounting services can or will be completely performed for a stated fee when this is not the case, or makes representations with respect to fees for professional accounting services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged;(F) contains other representations or implications that in reasonable probability will cause a reasonably prudent person to misunderstand or be deceived;(G) implies the ability to improperly influence any court, tribunal, regulatory agency or similar body or official due to some special relations;(H) consists of self-laudatory statements that are not based on verifiable facts;(I) makes untrue comparisons with other accountants; or(J) contains testimonials or endorsements that are not based upon verifiable facts.(2) Broadcast--Any transmission over the airwaves or over a cable, wireline, Internet, cellular, e-mail system or any other electronic means.(3) Coercion--Compelling by force or threat of force so that one is constrained to do what his free will would otherwise refuse.(4) Compulsion--Driving or urging by force or by physical or mental constraint to perform or forbear from performing an act.(5) Direct personal communication--Either a face-to-face meeting or a conversation by telephone.(6) Duress--Any conduct which overpowers the will of another.(7) Harassing--Any word, gesture, or action which tends to alarm and verbally abuse another person.(8) Intimidation--Willfully to take, or attempt to take, by putting in fear of bodily harm.(9) Overreaching--Tricking, outwitting, or cheating anyone into doing an act which he would not otherwise do.(10) Threats--Any menace of such a nature and extent as to unsettle the mind of anyone on whom it operates, and to take away from his acts that free and voluntary action which alone constitutes consent.(11) Vexatious--Irritating or annoying.(c) It is a violation of these rules for a person to persist in contacting a prospective client when the prospective client has made known to the person, or the person should have known the prospective client's desire not to be contacted by the person.(d) In the case of an electronic or direct mail communication, the person shall retain a copy of the actual communication along with a list or other description of parties to whom the communication was distributed. Such copy shall be retained by the person for a period of at least 36 months from the date of its last distribution.(e) Subsection (d) of this section does not apply to anyone when:(1) the communication is made to anyone who is at that time a client of the person;(2) the communication is invited by anyone to whom it was made; or(3) the communication is made to anyone seeking to secure the performance of professional accounting services.(f) In the case of broadcasting, the broadcast shall be recorded and the person shall retain a recording of the actual transmission for at least 36 months.", "sourceNote": "Source Note: The provisions of this §501.82 adopted to be effective June 11, 2000, 25 TexReg 5340; amended to be effective February 17, 2008, 33 TexReg 1096; amended to be effective June 17, 2009, 34 TexReg 3947; amended to be effective December 7, 2011, 36 TexReg 8236; amended to be effective June 5, 2019, 44 TexReg 2720; amended to be effective June 3, 2020, 45 TexReg 3634." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199536", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES TO THE PUBLIC" }, "rule": { "number": "§501.83", "label": "Firm Names" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135017", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General rules applicable to all firms:(1) A firm name may not contain words, abbreviations or other language that are misleading to the public, or that may cause confusion to the public as to the legal form or ownership of the firm.(2) A firm licensed by the board may not conduct business, perform or offer to perform services for or provide products to a client under a name other than the name in which the firm is licensed.(3) A word, abbreviation or other language is presumed to be misleading if it:(A) is a trade name or assumed name that does not comply with paragraph (4)(A) or (B) of this subsection;(B) states or implies the quality of services offered, special expertise, expectation as to outcomes or favorable results, or geographic area of service;(C) includes the name of a non-owner of the firm;(D) includes the name of a non-CPA, except as provided in paragraph (4)(B) of this subsection;(E) states or implies educational or professional attainment not supported in fact;(F) states or implies licensing recognition for the firm or any of its owners not supported in fact;(G) includes a designation such as \"and company,\" \"associates,\" \"and associates,\" \"group\" or abbreviations thereof or similar designations implying that the firm has more than one employed licensee unless there are at least two employed licensees involved in the practice. Independent contractors are not considered employees under this subsection; or(H) includes the designation \"company\" when it is a one licensee sole proprietorship.(4) A word, abbreviation or other language is presumed not misleading if it:(A) is the licensee's full name, the licensee's surname, or full or last initials of one or more current or former CPA owners of the firm, its predecessor firm or successor firm;(B) is the name, surname, or initials of one or more current or former foreign practitioner owners of the firm, its predecessor firm or successor firm who are or would have been eligible to practice public accountancy in this state pursuant to §901.355 of the Act (relating to Registration for Certain Foreign Applicants);(C) indicates the legal organization of the firm; or(D) states or implies a limitation on the type of service offered by the firm, such as \"tax,\" \"audit\" or \"investment advisory services,\" provided the firm in fact principally limits its practice to the type of service indicated in the name.(5) The board may place conditions on the licensing of a firm in order to ensure compliance with the provisions of this section.(b) Additional Requirements Based on Legal Form or Ownership.(1) The names of a corporation, professional corporation, limited liability partnership, professional limited liability company or other similar legal forms of ownership must contain the form of ownership or an abbreviation thereof, such as \"Inc.,\" \"P.C.,\" \"L.L.P.\" or \"P.L.L.C.\"; except that a limited liability partnership organized before September 1, 1993 is not required to utilize the words \"limited liability partnership\" or any abbreviation thereof.(2) Sole Proprietorships:(A) The name of a firm that is a sole proprietor must contain the surname of the sole proprietor as it appears on the individual license issued to the sole proprietor by the board.(B) A partner surviving the death of all other partners may continue to practice under the partnership name for up to two years after becoming a sole proprietor, notwithstanding subsection (d) of this section.(c) The name of any current or former owner may not be used in a firm name during any period when such owner is prohibited from practicing public accountancy and prohibited from using the title \"certified public accountant,\" \"public accountant\" or any abbreviation thereof, unless specifically permitted by the board.(d) A firm licensed by the board is required to report to the board any change in the legal organization of the firm and amend the firm name to comply with this section regarding firm names for the new organization within thirty days of the effective date of such change.(e) This section regarding firm names does not affect firms licensed by the board prior to the effective date of this section, but does apply to any change in legal organization or name that occurs after the effective date of this section. Nothing in this subsection prohibits the board from placing conditions on the licensing of a firm pursuant to subsection (a)(5) of this section at the time of renewal of the firm license.", "sourceNote": "Source Note: The provisions of this §501.83 adopted to be effective October 13, 2005, 30 TexReg 6432; amended to be effective December 7, 2011, 36 TexReg 8236; amended to be effective April 18, 2018, 43 TexReg 2273; amended to be effective August 8, 2018, 43 TexReg 5091; amended to be effective June 3, 2020, 45 TexReg 3634." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135017", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES TO THE PUBLIC" }, "rule": { "number": "§501.84", "label": "Form of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "199537", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may practice public accountancy only in a sole proprietorship, partnership, limited liability partnership, limited liability company, corporation or other legally recognized business entity that provides professional accounting services or professional accounting work, organized under the laws of the State of Texas or an equivalent law of another jurisdiction, or as an employee of one of these entities.", "sourceNote": "Source Note: The provisions of this §501.84 adopted to be effective June 11, 2000, 25 TexReg 5340; amended to be effective April 3, 2002, 27 TexReg 2437; amended to be effective February 17, 2008, 33 TexReg 1097." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=199537&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "199537", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "RESPONSIBILITIES TO THE PUBLIC" }, "rule": { "number": "§501.85", "label": "Complaint Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224529", "queryAsDate": "03/11/2026" }, "ruleBody": "When a person receives a complaint that an alleged violation of the Act or Rules of Professional Conduct has occurred, a person shall provide to the complainant a statement that: Complaints concerning Certified Public Accountants may be addressed in writing to the Texas State Board of Public Accountancy at the board's address as it appears on its website at www.tsbpa.texas.gov or enforcement@tsbpa.texas.gov.", "sourceNote": "Source Note: The provisions of this §501.85 adopted to be effective February 15, 2001, 26 TexReg 1341; amended to be effective February 4, 2004, 29 TexReg 964; amended to be effective February 17, 2008, 33 TexReg 1097; amended to be effective December 7, 2011, 36 TexReg 8237; amended to be effective June 3, 2020, 45 TexReg 3634." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224529&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224529", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "RESPONSIBILITIES TO THE BOARD/PROFESSION" }, "rule": { "number": "§501.90", "label": "Discreditable Acts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198242", "queryAsDate": "03/11/2026" }, "ruleBody": "A discreditable act evidences a lack of integrity and reflects adversely on that person's fitness to engage in the practice of public accountancy. The board may discipline a person for the following discreditable acts:(1) fraud or deceit in obtaining a certificate as a CPA or in obtaining registration under the Act or in obtaining a license to practice public accounting;(2) dishonesty, fraud or gross negligence in the practice of public accountancy;(3) violation of any of the provisions of Subchapter J or §901.458 of the Act (relating to Loss of Independence) applicable to a person certified or registered by the board;(4) final conviction of a felony or imposition of deferred adjudication or community supervision in connection with a criminal prosecution of a felony under the laws of any state or the United States;(5) final conviction of any crime or imposition of deferred adjudication or community supervision in connection with a criminal prosecution, an element of which is dishonesty or fraud under the laws of any state or the United States, a criminal prosecution for a crime of moral turpitude, a criminal prosecution involving alcohol abuse or controlled substances, or a criminal prosecution for a crime involving physical harm or the threat of physical harm;(6) a revocation, cancellation, placement on probation, limitation on the scope of practice, or suspension by another state, or a refusal of renewal by another state, of the authority issued by that state to the person, or to the person's partner, member, or shareholder, to engage in the practice of public accountancy for a reason other than the failure to pay the appropriate authorization fee;(7) suspension or revocation of or any consent decree concerning the right to practice before any state or federal regulatory or licensing body for a cause which in the opinion of the board warrants its action;(8) a final finding of conduct by state or federal courts of competent jurisdiction, agencies, boards, local governments or commissions for violations of state or federal laws or rules or findings of unethical conduct by licensees that engage in activities regulated by entities including but not limited to: the Public Company Accounting Oversight Board, Internal Revenue Service, U.S. Securities and Exchange Commission, U.S. Department of Labor, U.S. General Accounting Office, U.S. Housing and Urban Development, Texas State Auditor, Texas Comptroller of Public Accounts, Texas Securities Board, Texas Department of Insurance, and the Texas Secretary of State;(9) knowingly participating in the preparation of a false or misleading financial statement or tax return;(10) fiscal dishonesty or breach of fiduciary responsibility of any type;(11) failure to comply with a final order of any state or federal court;(12) repeated failure to respond to a client's inquiry within a reasonable time without good cause;(13) intentionally misrepresenting facts or making a misleading or deceitful statement to a client, the board, board staff or any person acting on behalf of the board;(14) giving intentional false sworn testimony or perjury in court or in connection with discovery in a court proceeding or in any communication to the board or any other federal or state regulatory or licensing body;(15) threats of bodily harm or retribution to a client;(16) public allegations of a lack of mental capacity of a client which cannot be supported in fact;(17) voluntarily disclosing information communicated to the person by an employer, past or present, or through the person's employment in connection with accounting services rendered to the employer, except:(A) by permission of the employer;(B) pursuant to the Government Code, Chapter 554 (commonly referred to as the \"Whistle Blowers Act\");(C) pursuant to:(i) a court order signed by a judge;(ii) a summons under the provisions of:(I) the Internal Revenue Code of 1986 and its subsequent amendments;(II) the Securities Act of 1933 (15 U.S.C. §77a et seq.) and its subsequent amendments; or(III) the Securities Exchange Act of 1934 (15 U.S.C. §78a et seq.) and its subsequent amendments;(iii) a congressional or grand jury subpoena; or(iv) applicable federal laws, federal government regulations, including requirements of the PCAOB;(D) in an investigation or proceeding by the board;(E) in an ethical investigation conducted by a professional organization of CPAs;(F) in the course of a peer review under §901.159 of the Act (relating to Peer Review); or(G) any information that is required to be disclosed by the professional standards for reporting on the examination of a financial statement.(18) breaching the terms of an agreed consent order entered by the board or violating any Board Order.(19) Interpretive Comment: The board has found in §519.7 of this title (relating to Criminal Offenses that May Subject a Licensee or Certificate Holder to Discipline or Disqualify a Person from Receiving a License) and §525.1 of this title (relating to Applications for the UCPAE, Issuance of the CPA Certificate, or Initial License) that any crime of moral turpitude directly relates to the practice of public accountancy. A crime of moral turpitude is defined in this chapter as a crime involving grave infringement of the moral sentiment of the community. The board has found in §519.7 of this title that any crime involving alcohol abuse or controlled substances directly relates to the practice of public accountancy.(20) Interpretive comment: A conviction or final finding of unethical conduct by a competent authority, for the purpose of paragraph (8) of this subsection, includes any right to practice before the authority or findings that limit the scope of the permit or license conveyed by the authority. Conviction relates to the finding in a criminal proceeding and final finding relates to a determination in a non-criminal proceeding. Unethical conduct or activities are determined by the governmental entity making the determination of a conviction or final finding.", "sourceNote": "Source Note: The provisions of this §501.90 adopted\r\nto be effective June 11, 2000, 25 TexReg 5340; amended to be effective\r\nOctober 16, 2002, 27 TexReg 9573; amended to be effective February\r\n4, 2004, 29 TexReg 964; amended to be effective June 7, 2006, 31 TexReg\r\n4642; amended to be effective February 17, 2008, 33 TexReg 1097; amended\r\nto be effective August 17, 2008, 33 TexReg 6372; amended to be effective\r\nJanuary 28, 2009, 34 TexReg 429; amended to be effective June 17,\r\n2009, 34 TexReg 3948; amended to be effective December 7, 2011, 36\r\nTexReg 8237; amended to be effective June 13, 2013, 38 TexReg 3608;\r\namended to be effective October 8, 2014, 39 TexReg 7919; amended to\r\nbe effective June 6, 2018, 43 TexReg 3592; amended to be effective\r\nJune 3, 2020, 45 TexReg 3634; amended to be effective August 10, 2022,\r\n47 TexReg 4678; amended to be effective April 2, 2025, 50 TexReg 2201." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198242", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "RESPONSIBILITIES TO THE BOARD/PROFESSION" }, "rule": { "number": "§501.91", "label": "Reportable Events" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee or certificate holder shall report in writing to the board the occurrence of any of the following events within 30 days of the date the licensee or certificate holder has knowledge of these events:(1) the filing of criminal charges or the conviction or imposition of deferred adjudication of the licensee or certificate holder of:(A) a felony;(B) a crime of moral turpitude as listed in §519.7(a)(2) of this title (relating to Criminal Offenses that May Subject a Licensee or Certificate Holder to Discipline or Disqualify a Person from Receiving a License);(C) a crime of which fraud or dishonesty is an element as listed in §519.7(a)(1) of this title;(D) a crime that involves alcohol abuse or controlled substances as listed in §519.7(a)(3) of this title;(E) a crime of physical injury or threats of physical injury to a person as listed in §519.7(a)(4) of this title; or(F) a crime related to the qualifications, functions, or duties of a public accountant or CPA, or to acts or activities in the course and scope of the practice of public accountancy or as a fiduciary;(2) the cancellation, revocation, or suspension or a voluntary consent decree of the right to practice as a CPA or a public accountant by any governmental body or agency or state, foreign country, or other jurisdiction for a reason other than the failure to pay the appropriate authorization fee;(3) an un-appealable adverse finding in any state or federal court, an agreed settlement in a civil action against the licensee or certificate holder, or an agreed consent order or settlement with a regulatory authority or licensing body concerning professional accounting services or professional accounting work;(4) a negotiated settlement evidencing deficient accounting services; or(5) the revocation, suspension, or voluntary consent decree or any limitation on a professional license from any state or federal regulatory agency such as an insurance license or a securities license, resulting from an un-appealable adverse finding.(b) The report required by subsections (a) and (c) of this section shall be signed by the licensee or certificate holder and shall set forth the facts which constitute the reportable event. If the reportable event involves the action of an administrative agency or court, then the report shall set forth the title of the matter, court or agency name, docket number, and dates of occurrence of the reportable event.(c) Regardless of whether a civil suit or administrative adjudicatory action has been filed, a licensee shall notify the board within 30 days of any written settlement agreement in which a licensee has been released from any or all claims or liabilities grounded, in whole or in part, upon an allegation of:(1) professional negligence, gross negligence, dishonesty, fraud, misrepresentation, incompetence; or(2) a violation of any consent order or settlement with a regulatory or licensing body concerning professional accounting services or professional accounting work.(d) A licensee is not required to report to the board any of the events set forth in subsections (a)(3), (a)(4) and (c) of this section when no Texas licensee is involved in the event or no harm has been caused to a person or entity located in Texas. The firm may contact the board to determine what may constitute involvement or harm to a person or entity located in Texas.(e) Nothing in this section imposes a duty upon any licensee or certificate holder to report to the board the occurrence of any of the events set forth in subsections (a) and (c) of this section either by or against any other licensee or certificate holder.(f) As used in this section, a conviction includes the initial plea, verdict, or finding of guilt, plea of no contest, or pronouncement of sentence by a trial court, even though that conviction may not be final or sentence may not be actually imposed until all appeals are exhausted.(g) Confidentiality provisions in the terms of any settlement of the reportable events described in subsections (a) and (c) of this section shall not limit the licensee's or certificate holder's obligation to report such event and to cooperate fully with the board in any investigation. All information gathered or received by the board regarding a disciplinary action is confidential and not subject to disclosure under Chapter 552 of the Government Code (relating to Public Information) prior to public hearing.(h) Interpretive Comment: A crime of moral turpitude is defined in this chapter as a crime involving grave infringement of the moral sentiment of the community and further defined in §501.90(19) of this chapter (relating to Discreditable Acts) and §519.7 of this title.", "sourceNote": "Source Note: The provisions of this §501.91 adopted to be effective June 11, 2000, 25 TexReg 5341; amended to be effective February 4, 2004, 29 TexReg 964; amended to be effective February 17, 2008, 33 TexReg 1098; amended to be effective December 8, 2010, 35 TexReg 10694; amended to be effective December 7, 2011, 36 TexReg 8237; amended to be effective October 12, 2016, 41 TexReg 8068; amended to be effective October 10, 2019, 44 TexReg 5779; amended to be effective February 5, 2020, 45 TexReg 760." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135021", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "RESPONSIBILITIES TO THE BOARD/PROFESSION" }, "rule": { "number": "§501.92", "label": "Frivolous Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224530", "queryAsDate": "03/11/2026" }, "ruleBody": "A person who, in writing to the board, accuses another person of violating the rules of the board shall assist the board in any investigation and/or prosecution resulting from the written accusation. Failure to do so, such as not appearing to testify at a hearing or to produce requested documents necessary to the investigation or prosecution, without good cause, is a violation of this rule. A person who makes a complaint against another person that is groundless and brought in bad faith, for the purpose of harassment, or for any other improper purpose shall be in violation of this rule.", "sourceNote": "Source Note: The provisions of this §501.92 adopted to be effective June 11, 2000, 25 TexReg 5342; amended to be effective February 4, 2004, 29 TexReg 964; amended to be effective February 17, 2008, 33 TexReg 1098." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224530&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224530", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "RESPONSIBILITIES TO THE BOARD/PROFESSION" }, "rule": { "number": "§501.93", "label": "Responses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179155", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall substantively respond in writing, within 30 days or less as specified by the board, to any communication from the board requesting a response. It is not a substantive response for a person to simply reply that they do not intend to respond or provide the records or documents requested. The time to respond shall commence on the date that the earliest communication was mailed or emailed to the last known mailing or email address of the person, according to the board's records.(b) When requested, and at no expense to the board, the written response shall include:(1) copies of the person's documentation, reports and/or work papers related to issues in a complaint investigation; and(2) copies of documents and reports or access to documents and reports related to the issues in a complaint investigation of the person's professional accounting work or ethical issues conducted by state and federal regulatory bodies and professional organizations, that the board may determine is related to the board's investigation. (c) Failure to timely respond substantively to written communications, or failure to furnish requested documentation and/or work papers, constitutes conduct indicating lack of fitness to serve the public as a professional accountant.(d) Each applicant and each person required to be registered with the board under the Act shall notify the board, either in writing or through the board's website, of any and all changes in such person's mailing address, email address, or telephone number and the effective date thereof within 30 days before or after such effective date.(e) Interpretive Comment. This section should be read in conjunction with §519.6 of this title (relating to Subpoenas).(f) Interpretive Comment. In this section, the term board includes board staff.", "sourceNote": "Source Note: The provisions of this §501.93 adopted to be\r\neffective June 11, 2000, 25 TexReg 5342; amended to be effective February\r\n6, 2002, 27 TexReg 748; amended to be effective October 16, 2002,\r\n27 TexReg 9573; amended to be effective February 4, 2004, 29 TexReg\r\n964; amended to be effective August 4, 2004, 29 TexReg 7304; amended\r\nto be effective June 1, 2005, 30 TexReg 3100; amended to be effective\r\nFebruary 17, 2008, 33 TexReg 1098; amended to be effective August\r\n17, 2008, 33 TexReg 6373; amended to be effective December 7, 2011,\r\n36 TexReg 8238; amended to be effective December 7, 2016, 41 TexReg\r\n9511; amended to be effective June 6, 2018, 43TexReg 3593; amended\r\nto be effective April 2, 2025, 50 TexReg 2202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179155", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "501", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "RESPONSIBILITIES TO THE BOARD/PROFESSION" }, "rule": { "number": "§501.94", "label": "Mandatory Continuing Professional Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201925", "queryAsDate": "03/11/2026" }, "ruleBody": "Each certificate or registration holder shall comply with the mandatory CPE reporting and the mandatory CPE attendance requirements of Chapter 523 of this title (relating to Continuing Professional Education). Once an individual's license has been suspended for three consecutive years by the board for failing to complete the 120 hours of CPE required by §523.112 of this title (relating to Required CPE Participation), the individual's certificate shall be subject to revocation and may not be reinstated for at least 12 months from the date of the revocation.", "sourceNote": "Source Note: The provisions of this §501.94 adopted to be effective June 11, 2000, 25 TexReg 5342; amended to be effective October 12, 2011, 36 TexReg 6768; amended to be effective August 4, 2016, 41 TexReg 5549." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201925", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "502", "label": "PEER ASSISTANCE" }, "rule": { "number": "§502.1", "label": "Peer Assistance to Licensees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212303", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board adopts the provisions contained in the Texas Health and Safety Code, Chapter 467, Peer Assistance Programs, in its entirety, including any amendments enacted by the Texas Legislature.(b) Should the board receive information regarding a licensee, applicant or certificate holder indicating possible chemical dependency on drugs or alcohol or mental health issues, the board may:(1) refer the licensee, applicant, or certificate holder to an approved peer assistance program; or(2) require the licensee, applicant, or certificate holder to participate in or complete a course of treatment or rehabilitation.(c) Should the board receive a complaint or other information constituting possible violations of other board rules, including chemical dependency on drugs or alcohol, or mental health issues, then the board may take action as appropriate under this title and the Act regarding those possible violations in addition to making a referral under subsection (b) of this section.(d) An approved peer assistance program that receives a report or referral under subsection (b) of this section or a report under §467.005(a) of the Texas Health and Safety Code, may intervene to assist the licensee, applicant or certificate holder to obtain and complete a course of treatment and rehabilitation.", "sourceNote": "Source Note: The provisions of this §502.1 adopted to be effective October 11, 2007, 32 TexReg 7060; amended to be effective April 10, 2013, 38 TexReg 2221; amended to be effective December 2, 2020, 45 TexReg 8518." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212303", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "502", "label": "PEER ASSISTANCE" }, "rule": { "number": "§502.2", "label": "Texas State Board of Public Accountancy Policy Statement of the Peer Assistance Oversight Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225726", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board has established the peer assistance oversight committee to oversee the activities of the TXCPA's peer assistance program as mandated under the Texas Health and Safety Code, Chapter 467.(b) The peer assistance oversight committee operates under the premise that impairments caused by chemical dependency on drugs or alcohol and mental health issues are treatable.(c) The peer assistance oversight committee's responsibilities include, but are not limited to:(1) protecting the public from CPAs whose ethical, behavioral, and technical violations due to chemical dependency on drugs or alcohol and/or mental health issues have harmed, or have the potential to harm, the public;(2) encouraging CPAs, CPA applicants, and accounting students to seek assistance for impairment due to chemical dependency on drugs or alcohol and/or mental health issues;(3) cooperating with the TXCPA's peer assistance program in promoting confidential assistance to CPAs, CPA applicants, and accounting students who suffer from chemical dependency on drugs or alcohol and/or mental health issues; and(4) disseminating information about the peer assistance program to CPAs, CPA applicants, and accounting students.", "sourceNote": "Source Note: The provisions of this §502.2 adopted to be effective October 15, 2008, 33 TexReg 8513; amended to be effective April 10, 2013, 38 TexReg 2222; amended to be effective February 8, 2023, 48 TexReg 516." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225726", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.1", "label": "Board Seal and Headquarters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board seal may be embossed on a solid gold background to place official board records and documents under seal. The board may cause the board seal to be reproduced in other color schemes for use in official board business or board authorized functions or publications. The board seal may not be reproduced or used for non-board business without the express written consent of the board's executive director.(b) The headquarters and administrative offices of the board shall be at 505 E. Huntland Drive, Suite 380, Austin, Texas 78752.", "sourceNote": "Source Note: The provisions of this §505.1 adopted to be\r\neffective December 24, 1979, 4 TexReg 4508; amended to be effective\r\nApril 1, 1982, 7 TexReg 817; amended to be effective March 20, 1989,\r\n14 TexReg 1278; amended to be effective October 20, 1993, 18 TexReg\r\n6951; amended to be effective October 15, 2003, 28 TexReg 8945; amended\r\nto be effective June 1, 2005, 30 TexReg 3101; amended to be effective\r\nApril 11, 2012, 37 TexReg 2402; amended to be effective December 2,\r\n2020, 45 TexReg 8518; amended to be effective July 30, 2025, 50 TexReg 4931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155942", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.2", "label": "Duties of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225727", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board is statutorily empowered to regulate the practice of accountancy in Texas.(b) The board may adopt rules as necessary to govern its proceedings, perform its duties, regulate the practice of accountancy in Texas, and enforce applicable law.(c) The board may act directly under its statute and rules or through the executive director or a committee of the board.(d) Pursuant to the Act, the board is responsible for policy-making decisions and the executive director is responsible for the agency's management decisions and administrative responsibilities.", "sourceNote": "Source Note: The provisions of this §505.2 adopted to be effective October 15, 2003, 28 TexReg 8945; amended to be effective April 11, 2012, 37 TexReg 2402." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225727", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.3", "label": "Presiding Officer of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155944", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When present, the presiding officer shall conduct all board meetings, and shall oversee the official business of the board. The presiding officer shall appoint such committees as the board may authorize under §505.10 of this chapter (relating to Board Committees) and may delegate the signing of official documents. The presiding officer may sign board orders on behalf of the board after the board has approved adoption of the order. The presiding officer shall serve as the official spokesman of the board and shall have such other responsibilities as assigned and such other authority as conferred by the board.(b) Official board business is defined as board meetings, committee meetings, conferences or meetings where board business may be discussed, informal enforcement committee meetings, settlement conferences, swearing-in ceremonies, board matters involving litigation, speaking engagements pertaining to the board, consultation with board staff and/or the public regarding board matters, and meetings where legislation or board matters may be discussed or heard.", "sourceNote": "Source Note: The provisions of this §505.3 adopted to be\r\neffective December 24, 1979, 4 TexReg 4508; amended to be effective\r\nSeptember 6, 1991, 16 TexReg 4623; amended to be effective March 5,\r\n1993, 18 TexReg 1165; amended to be effective October 15, 2003, 28\r\nTexReg 8945; amended to be effective April 11, 2012, 37 TexReg 2403;\r\namended to be effective July 30, 2025, 50 TexReg 4931." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155944", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.4", "label": "Assistant Presiding Officer of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155945", "queryAsDate": "03/11/2026" }, "ruleBody": "The assistant presiding officer, in the absence of the presiding officer, shall perform the duties of the presiding officer as specified in §505.3 of this chapter (relating to Presiding Officer of the Board), and shall perform such other duties as the board shall designate.", "sourceNote": "Source Note: The provisions of this §505.4 adopted to be effective December 24, 1979, 4 TexReg 4508; amended to be effective October 15, 2003, 28 TexReg 8945; amended to be effective April 11, 2012, 37 TexReg 2403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155945", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.5", "label": "Secretary of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=12028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "12028", "queryAsDate": "03/11/2026" }, "ruleBody": "The secretary shall perform such duties as in the judgment of the board are necessary, including attesting to the accuracy of the board meeting minutes following approval by the board.", "sourceNote": "Source Note: The provisions of this §505.5 adopted to be effective December 24, 1979, 4 TexReg 4508; amended to be effective September 6, 1991, 16 TexReg 4623; amended to be effective August 19, 1999, 24 TexReg 6294; amended to be effective April 11, 2012, 37 TexREg 2403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=12028&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "12028", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.6", "label": "Treasurer of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155946", "queryAsDate": "03/11/2026" }, "ruleBody": "The treasurer shall supervise the maintenance of appropriate financial records for the board and the preparation of the annual reports to the governor and Legislative Budget Board, and shall perform such other duties as in the judgment of the board are necessary.", "sourceNote": "Source Note: The provisions of this §505.6 adopted to be effective December 24, 1979, 4 TexReg 4508." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155946", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.7", "label": "Vacancies in the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155947", "queryAsDate": "03/11/2026" }, "ruleBody": "If for any reason a vacancy occurs in the board, the presiding officer shall provide a notice to the governor and ask for the appointment of a new member to fill the unexpired term. If the vacancy occurs in any of the officers of the board, the board shall elect from its own membership at the first regular or special meeting following the vacancy a new officer to serve for the balance of the unexpired term.", "sourceNote": "Source Note: The provisions of this §505.7 adopted to be effective December 24, 1979, 4 TexReg 4508; amended to be effective October 15, 2003, 28 TexReg 8945; amended to be effective October 15, 2008, 33 TexReg 8513; amended to be effective April 11, 2012, 37 TexReg 2403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155947", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.8", "label": "Board Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193298", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Board meetings shall be open to the public. The executive director is responsible for providing notice of board meetings pursuant to the Open Meetings Act.(b) Board meetings shall take place at the headquarters of the board or, if the convenience of the public and the board will be better served, at such place as the board may designate.(c) Special meetings may be held upon the call of the presiding officer, or upon call of a majority of the members of the board, after reasonable notice.", "sourceNote": "Source Note: The provisions of this §505.8 adopted to be effective December 24, 1979, 4 TexReg 4508; amended to be effective October 11, 1989, 14 TexReg 5070; amended to be effective August 5, 1992, 17 TexReg 5211; amended to be effective October 15, 2003, 28 TexReg 8945; amended to be effective August 4, 2004, 29 TexReg 7304; amended to be effective October 15, 2008, 33 TexReg 8513; amended to be effective April 11, 2012, 37 TexReg 2404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193298", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.9", "label": "Order of Business" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212304", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director, in conjunction with the presiding officer, shall prepare a written agenda for each board meeting and distribute a copy of the agenda to each board member.(b) Any board member may place an item on the board's agenda by written request to the presiding officer at least 20 days before the next board meeting.(c) Conduct of board meetings shall be guided by Robert's Rules of Order, except that no board action shall be invalidated by reason of failure to comply with those rules.(d) Except for board enforcement actions, disciplinary actions and investigations, any person may request an appearance before the board for the purpose of making a presentation on a matter under the board's jurisdiction. The presiding officer may deny a request to appear based on time constraints or other reasons which, in the presiding officer's opinion, warrant such denial. When practicable, a specific date and time to appear shall be set by the presiding officer, and a time limit may also be imposed. The person requesting the appearance should state in writing in reasonable detail the request to be made of the board and the estimated time needed.", "sourceNote": "Source Note: The provisions of this §505.9 adopted to be effective December 24, 1979, 4 TexReg 4508; amended to be effective June 11, 1991, 16 TexReg 2954; amended to be effective October 30, 1991, 16 TexReg 5826; amended to be effective August 19, 1999, 24 TexReg 6295; amended to be effective October 15, 2003, 28 TexReg 8945; amended to be effective June 7, 2012, 37 TexReg 4047; amended to be effective December 5, 2018, 43 TexReg 7789." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212304", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.10", "label": "Board Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Committee appointments. Appointments to standing committees and ad hoc committees shall be considered annually by the board's presiding officer to assist in carrying out the functions of the board under the provisions of the Act. Committee appointments shall be made by the presiding officer for a term of two years but may be terminated at any point by the presiding officer. Committee members may be re-appointed at the discretion of the presiding officer. The board's presiding officer shall be an ex officio member of each standing committee and ad hoc committee and chair of the executive committee.(b) Committee actions. The actions of the committees are recommendations only and are not binding until ratification by the board at a regularly scheduled meeting.(c) Committee meetings. Committee meetings shall be held at the call of the committee chair, and a report to the board at its next regularly scheduled meeting shall be made by such chair or, in the absence of the chair, by another board member serving on the committee.(d) Vacancies. If for any reason a vacancy occurs on a committee, the board's presiding officer may appoint a replacement in accordance with subsection (a) of this section.(e) Standing committee structure and charge to committees. The standing committees shall consist of policy-making committees and working committees comprised of the following individuals and shall be charged with the following responsibilities.(1) The executive committee shall be a policy-making committee comprised of the board's presiding officer, assistant presiding officer, secretary, treasurer, immediate past presiding officer of the board if still serving on the board, and at least one other officer elected by the board. The executive committee shall also be the board's audit committee. The executive committee may act on behalf of the full board in matters of urgency, or when a meeting of the full board is not feasible; the executive committee's actions are subject to full board ratification at its next regularly scheduled meeting. The functions of the executive committee shall be to advise, consult with, and make recommendations to the board concerning matters requested by the board's presiding officer, including:(A) the board's budget and finances;(B) litigation;(C) emergency suspensions pursuant to §519.12 of this title (relating to Emergency Suspension);(D) emergency rulemaking pursuant to §2001.034 of the Administrative Procedure Act;(E) amendments to the Act;(F) responses/positions relating to papers, reports, and other submissions from national or international associations or boards;(G) legislative oversight, including, but not limited to, budget, performance measures, proposed changes in legislation affecting the board, and computer utilization; and(H) special issues.(2) The CPE committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall make recommendations to the board regarding:(A) the mandatory CPE program in accordance with Chapter 523 of this title (relating to Continuing Professional Education);(B) investigations of sponsor compliance with the terms of the sponsor agreements, including the related recordkeeping requirements;(C) the results of monitoring CPE courses for the purpose of evaluating the facilities, course content as presented, and the adequacy of the course presenter(s);(D) any significant deficiencies observed in carrying out subparagraphs (B) and (C) of this paragraph; and(E) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies related to the mandatory CPE program as it relates to licensees and to relations with sponsors of CPE.(3) The qualifications committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall make recommendations to the board regarding:(A) the educational qualifications of an applicant for the UCPAE in accordance with Chapter 511, Subchapter C of this title (relating to Educational Requirements) and courses that may be used to meet the education requirements to take the examination;(B) the administration, security, discipline, and other aspects of the conduct of the UCPAE in Texas;(C) the work experience qualifications of an applicant for the CPA certificate in accordance with §§511.121 - 511.124 of this title (relating to Experience Requirements); and(D) recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies relating to the qualifications process.(4) The licensing committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall make recommendations to the board regarding:(A) applications for certification, registration, and licensure;(B) where applicable, the equivalency examination measuring the professional competency of an applicant for a CPA certificate by reciprocity; and(C) recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies as they relate to the licensing process.(5) The behavioral enforcement committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall:(A) review requests or applications for reinstatement of any certificate, registration, or license which the committee recommended and the board revoked, suspended, or refused to renew;(B) investigate complaints involving alleged violations of the Act and the board's rules, primarily concerning behavioral issues, and based upon its findings, make recommendations to the board or authorize the staff to offer an agreed consent order, or in the alternative, to litigate the findings of Act or rule violations;(C) follow up on board orders to insure that licensees and certificate holders and others adhere to sanctions prescribed by or agreements with the board; and(D) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies related to the behavioral restraints of the rules and the Act.(6) The technical standards review committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least three non-board members who shall serve in an advisory capacity. The committee shall:(A) review requests or applications for reinstatement of any certificate, registration, or license which the committee recommended and the board revoked, suspended, or refused to renew;(B) investigate complaints from any source involving alleged violations of the Act and the board's rules, primarily concerning technical issues and based upon its findings, make recommendations to the board or authorize the staff to offer an agreed consent order, or in the alternative, to litigate the findings of Act or rule violations;(C) follow up on board orders to insure that licensees or certificate holders and others adhere to sanctions prescribed by or agreements with the board; and(D) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies related to enforcement of technical standards.(7) The peer review committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall:(A) conduct a periodic review of firms in accordance with Chapter 527 of this title (relating to Peer Review);(B) refer to the technical standards review committee firms with deficient reviews for which educational rehabilitation has not been effective; and(C) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies relating to the peer review program.(8) The board rules committee shall be a policy-making committee comprised of at least three board members, one of whom shall serve as chair. The committee shall make recommendations to the board concerning the board's rules, opinions, and policies. All working committees shall refer proposed changes to the board's rules, opinions, and policies to the rules committee for consideration for recommendation to the board.(9) The peer assistance oversight committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall oversee the peer assistance program administered by the TXCPA as required under the Texas Health and Safety Code, §467.001(1)(B), and insure that the minimum criteria as set out by the Department of State Health Services are met. It shall make recommendations to the board and the TXCPA regarding modifications to the program and, if warranted, refer cases to other board committees for consideration of disciplinary or remedial action by the board. The committee shall report to the board on a semi-annual basis, by case number, on the status of the program.(10) The constructive enforcement committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by non-board CPA members. At least one Committee member shall be a public member of the board. The committee shall approve the constructive enforcement program, coordinate its activities with board committees and staff, and supervise the training of constructive enforcement advisory committee members. A staff attorney of the board shall supervise the day to day administration of the constructive enforcement program and activities of the committee's non-board members on behalf of the committee chairman. The committee shall:(A) investigate matters forwarded to the committee from any other board committee or board staff in accordance with board instruction and policy;(B) prepare, as appropriate, investigative reports regarding each referred matter;(C) inform referring board committees or board staff of the results of its investigations;(D) inform the appropriate committee when possible violations of board rules and the Act are observed; and(E) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies relating to the constructive enforcement program.(f) Ad hoc advisory committees. Ad hoc advisory committees may be established by the board's presiding officer and members and advisory members appointed as appropriate.(g) Policy guidelines. All advisory committee members performing any duties utilizing board facilities and/or who have access to board records, shall conform and adhere to the standards, board rules, and personnel policies of the board as described in its personnel manual and to the laws of the State of Texas governing state employees.(h) Conflicts of interest. To avoid a conflict of interest or the appearance of a conflict of interest, no committee member may provide a report or expert testimony for or otherwise advocate on behalf of a complainant or a respondent in a disciplinary matter pending before the board while serving on a standing committee of the board.", "sourceNote": "Source Note: The provisions of this §505.10 adopted to be effective December 26, 1988, 13 TexReg 6157; amended to be effective October 11, 1989, 14 TexReg 5070; amended to be effective October 30, 1989, 14 TexReg 5547; amended to be effective June 5, 1991, 16 TexReg 2876; amended to be effective May 28, 1992, 17 TexReg 3635; amended to be effective March 5, 1993, 18 TexReg 1165; amended to be effective October 20, 1993, 18 TexReg 6951; amended to be effective June 9, 1994, 19 TexReg 4198; amended to be effective September 21, 1995, 20 TexReg 7076; amended to be effective February 26, 1996, 21 TexReg 1095; amended to be effective February 12, 1998, 23 TexReg 1024; amended to be effective August23,1998, 23 TexReg 8438; amended to be effective August 19, 1999, 24 TexReg 6295; amended to be effective April 15, 2001, 26 TexReg 2712; amended to be effective August 15, 2002, 27 TexReg 7120; amended to be effective October 15, 2003, 28 TexReg 8945; amended to be effective August 4, 2004, 29 TexReg 7304; amended to be effective April 13, 2005, 30 TexReg 2067; amended to be effective October 13, 2005, 30 TexReg 6433; amended to be effective June 7, 2006, 31 TexReg 4643; amended to be effective October 15, 2008, 33 TexReg 8514; amended to be effective December 9, 2009, 34 TexReg 8726; amended to be effective April 13, 2011, 36 TexReg 2245; amended to be effective April 11, 2012, 37 TexReg 2404; amended to be effective April 16, 2014, 39 TexReg 2852; amended to be effective October 12, 2016, 41 TexReg 8068; amended to be effective December 2, 2020, 45 TexReg 8519; amended to be effective February 8, 2023, 48 TexReg 517." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155949", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.12", "label": "Enforcement Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "155950", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The behavioral enforcement committee, the technical standards review committee and the constructive enforcement committee shall be the board's enforcement committees.(b) A member of the board serving on an enforcement committee shall recuse himself and take no part in the board's vote on the final disposition of any case investigated by that enforcement committee.", "sourceNote": "Source Note: The provisions of this §505.12 adopted to be effective February 12, 2003, 28 TexReg 1180; amended to be effective October 15, 2003, 28 TexReg 8945; amended to be effective April 13, 2005, 30 TexReg 2068; amended to be effective October 15, 2008, 33 TexReg 8514; amended to be effective April 11, 2012, 37 TexReg 2404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=155950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "155950", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "505", "label": "THE BOARD" }, "rule": { "number": "§505.13", "label": "Board Committee Member Recusals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156564", "queryAsDate": "03/11/2026" }, "ruleBody": "A member of a board committee may not participate in the discussion and may not vote on an issue before the committee in which the member has a substantial personal or financial interest or such participation would create or appear to create a bias. Each committee member who is ineligible to participate in the disposition of an issue by reason of this section shall provide a concise, factual statement of the reason why the member is not participating prior to the commencement of discussion of that issue by the committee.", "sourceNote": "Source Note: The provisions of this §505.13 adopted to be effective April 13, 2005, 30 TexReg 2068; amended to be effective April 11, 2012, 37 TexReg 2404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156564", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "507", "label": "EMPLOYEES OF THE BOARD" }, "rule": { "number": "§507.1", "label": "Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225728", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall employ an executive director who will serve at the will of the board. The executive director shall be the administrator of the board office and shall employ the staff necessary to conduct the activities of the board. The executive director shall also be responsible for the operation of the agency in accordance with board policy, state and federal law, and duties established by the board. The executive director is empowered to make preliminary interpretations of the Act or of this title, except that any interpretation by the executive director shall not be binding upon the board. The executive director is the custodian of the board's records.", "sourceNote": "Source Note: The provisions of this §507.1 adopted to be effective December 24, 1979, 4 TexReg 4508; amended to be effective June 7, 2012, 37 TexReg 4048." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225728", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "507", "label": "EMPLOYEES OF THE BOARD" }, "rule": { "number": "§507.2", "label": "Staff" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225729", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director shall employ such staff as is authorized and necessary for the conduct of the board's affairs. Applications for employment by the board shall notify prospective employees that no employee of the board may be employed in an executive, administrative or professional capacity, as that phrase is used for purposes of establishing an exemption to the overtime provisions of the Fair Labor Standards Act, and its subsequent amendments, if:(1) the prospective employee is acting in the capacity of an officer, executive board or executive committee member, employee, or paid consultant of a Texas trade association in the field of public accountancy; or(2) the prospective employee's spouse is acting in the capacity of an officer, executive board or executive committee member, manager or paid consultant of a Texas trade association in the field of public accountancy; or(3) be related within the second degree of affinity or within the third degree of consanguinity to a person who is an officer, employee, or paid consultant of a trade association in the field of public accountancy.(b) Each employee shall be hired without regard to race, color, handicap, sex, religion, age, or national origin. The executive director shall report at least annually to the board on compliance with this policy.", "sourceNote": "Source Note: The provisions of this §507.2 adopted to be\r\neffective December 27, 1979, 4 TexReg 4508; amended to be effective\r\nApril 1, 1982, 7 TexReg 817; amended to be effective October 30, 1991,\r\n16 TexReg 5826; amended to be effective October 15, 2008, 33 TexReg\r\n8515; amended to be effective June 7, 2012, 37 TexReg 4048; amended\r\nto be effective August 3, 2017, 42 TexReg 3784; amended to be effective\r\nJuly 30, 2025, 50 TexReg 4932." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225729", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "507", "label": "EMPLOYEES OF THE BOARD" }, "rule": { "number": "§507.3", "label": "Independent Contractors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224531", "queryAsDate": "03/11/2026" }, "ruleBody": "The board may, pursuant to §901.151(c) of the Act (relating to General Powers and Duties of Board) and §472.107 of the Texas Government Code, employ independent contractors, including attorneys, investigators and consultants, to perform services prescribed by the board. The basis for compensation of independent contractors shall be stated in the contract of employment. The board will re-procure professional services contracts no later than every four years and provide documented justification for entering into a multiyear contract or to extend a contract beyond one year for professional services. The board may contract with outside legal counsel for legal services with approval from the Office of Attorney General for a specific period or assignment.", "sourceNote": "Source Note: The provisions of this §507.3 adopted to be\r\neffective December 24, 1979, 4 TexReg 4508; amended to be effective\r\nAugust 3, 2017, 42 TexReg 3784; amended to be effective August 7,\r\n2019, 44 TexReg 4049; amended to be effective July 30, 2025, 50 TexReg\r\n4932." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224531&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224531", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "507", "label": "EMPLOYEES OF THE BOARD" }, "rule": { "number": "§507.4", "label": "Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156566", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Members of the board, advisory committee members, the executive director, members of board staff, independent contractors and consultants retained by the board shall not disclose any confidential information which comes to their attention, except as may be required by law.(b) Regardless of whether the board takes disciplinary action or not, all complaint investigations, including investigation files, investigation reports, and other investigative information in the possession of, received or gathered by the board is confidential, prior to public hearing or board action, and any employee, agent, or member of the board may not disclose the information contained in these files except to another governmental, regulatory or law enforcement agency engaged in an enforcement action and as provided for in §901.160 of the Act (relating to Availability and Confidentiality of Certain Board Files) or upon receiving written authorization from the license applicant or current or former license holder who is the subject of the investigation.", "sourceNote": "Source Note: The provisions of this §507.4 adopted to be\r\neffective December 24, 1979, 4 TexReg 4508; amended to be effective\r\nMarch 25, 1986, 11 TexReg 1229; amended to be effective December 3,\r\n2003, 28 TexReg 10761; amended to be effective October 15, 2008, 33\r\nTexReg 8515; amended to be effective August 3, 2017, 42 TexReg 3785;\r\namended to be effective December 2, 2020, 45 TexReg 8519; amended\r\nto be effective April 2, 2025, 50 TexReg 2202." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156566&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156566", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "507", "label": "EMPLOYEES OF THE BOARD" }, "rule": { "number": "§507.5", "label": "Duties of the Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186120", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall determine the qualifications for and employ an executive director who shall be the chief administrative officer of the agency.(b) The duties of the executive director shall be to administer and enforce the applicable law, to assist in conducting meetings of the board, and to carry out other responsibilities as assigned by the board.(c) The executive director shall have the authority and responsibility for the operations and administration of the agency and such additional powers and duties as prescribed by the board.(d) As chief administrative officer of the agency, the executive director shall be responsible for the management of all aspects of administration of the agency to include personnel, financial and other resources in support of the applicable law, rules, policies, mission and strategic plan of the agency and may act on behalf of the board as needed to manage contested and litigated cases.(e) The duties imposed on the executive director under this section may be discharged through board staff.", "sourceNote": "Source Note: The provisions of this §507.5 adopted to be effective October 15, 2003, 28 TexReg 8946; amended to be effective June 7, 2012, 37 TexReg 4048." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186120", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "507", "label": "EMPLOYEES OF THE BOARD" }, "rule": { "number": "§507.6", "label": "Employee Training and Education Assistance Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184992", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to the State Employees Training Act, Chapter 656, Subchapter C of the Texas Government Code, it is the policy and practice of the board to encourage an employee's professional development through training and education programs.(b) The board may provide assistance for education and training for an employee if the executive director determines that the education or training will enhance the employee's ability to perform current or prospective job duties and will benefit both the board and the employee.(c) Financial assistance may be awarded for some or all of the following expenses:(1) tuition, including correspondence courses that fulfill degree, professional or General Equivalence Diploma (GED) program plan requirements;(2) degree plan pertinent College Level Equivalency Program examinations if the employee receives college credit or waiver of course requirements;(3) degree plan pertinent Life Experience Assessments if the employee receives college credit; and(4) required fees, including lab fees, and books.(d) Financial assistance granted under this program shall be established by the board.", "sourceNote": "Source Note: The provisions of this §507.6 adopted to be effective June 11, 2000, 25 TexReg 5342; amended to be effective June 7, 2012, 37 TexReg 4048; amended to be effective October 11, 2017, 42 TexReg 5439." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184992", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "507", "label": "EMPLOYEES OF THE BOARD" }, "rule": { "number": "§507.7", "label": "Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184993", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for consideration for training and education assistance, an employee must:(1) be in good standing with the board;(2) meet and continue to meet all performance expectations;(3) have at least 12 months of service with the board; and(4) seek enrollment and participation in a field of study that relates to assigned or prospective job duties, a professional development requirement, a GED program or a higher education degree plan.(b) To maintain eligibility in a degree program an employee must be enrolled in an institution of higher education in a course of instruction leading toward a degree and maintain a passing grade point average.(c) To maintain eligibility in a GED program an employee must be enrolled each semester in a GED program and maintain a passing grade point average.(d) The employee must attend and satisfactorily complete the education and training, including passing tests or other types of performance measures where required.(e) Each semester an employee must provide grade reports to verify that full credit was received for courses taken.(f) An employee must provide fee receipts for courses to be taken and must promptly report outside funds such as grants, scholarships or other financial aid received. The executive director may adjust the assistance provided to the employee at any time for any reason.", "sourceNote": "Source Note: The provisions of this §507.7 adopted to be effective June 11, 2000, 25 TexReg 5343; amended to be effective August 3, 2017, 42 TexReg 3785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184993", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "507", "label": "EMPLOYEES OF THE BOARD" }, "rule": { "number": "§507.8", "label": "Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209166", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director may require a written agreement between the board and the employee describing the terms and conditions of the education or training assistance to be provided by the board. The board may impose such terms and conditions as may be reasonable and appropriate, including but not limited to, specifying the circumstances under which the assistance may be terminated and the employee may be required to repay the amount of assistance.(b) The executive director will reconsider each employee's participation in the Education Assistance Program each semester.(c) Assistance may be terminated and the employee may be required to repay all funds received from the institution if the employee:(1) withdraws from the institution or fails to regularly attend the classes;(2) is removed or prohibited from attending the institution;(3) fails to comply with one or more terms of the assistance agreement, including but not limited to, additional terms concerning termination and repayment of assistance; or(4) is terminated by the board during the duration of the assistance agreement.(d) Any employee who has received assistance under this program shall repay the entire amount of the assistance received if the employee voluntarily leaves the board's employ within six months of concluding an educational program for which assistance was granted.", "sourceNote": "Source Note: The provisions of this §507.8 adopted to be effective June 11, 2000, 25 TexReg 5343; amended to be effective August 3, 2017, 42 TexReg 3785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209166", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "507", "label": "EMPLOYEES OF THE BOARD" }, "rule": { "number": "§507.9", "label": "Sick Leave Pool and Family Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225730", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A sick leave pool is established to help alleviate hardship caused to an employee and employee's immediate family if a catastrophic illness or injury forces the employee to exhaust all accrued paid leave time earned by that employee and to lose compensation from the state.(b) A family leave pool is established to help alleviate hardship caused to an employee and employee's immediate family if they are caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic or are bonding with and caring for children during a child's first year following birth, adoption, or foster placement which forces the employee to exhaust all accrued paid leave time earned by that employee and to lose compensation from the state.(c) The executive director is designated as the pool administrator to both pools.(d) The executive director will establish operating procedures and forms for the administration of this section for inclusion in the agency's personnel policies and procedures manual.(e) Operation of both pools shall be consistent with Tex. Gov't Code, Chapter 661, as amended.", "sourceNote": "Source Note: The provisions of this §507.9 adopted to be effective June 8, 2022, 47 TexReg 3262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225730", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "509", "label": "RULEMAKING PROCEDURES" }, "rule": { "number": "§509.2", "label": "Emergency Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=12041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "12041", "queryAsDate": "03/11/2026" }, "ruleBody": "If a state or federal law so requires the board to do so or if there is an imminent peril to the public health, safety or welfare, the board may adopt, revise, or waive board rules pursuant to §2001.034 of the Texas Government Code without prior notice. The emergency rule may be effective for no longer than 120 days and may be renewed once for up to 60 days.", "sourceNote": "Source Note: The provisions of this §509.2 adopted to be\r\neffective September 15, 1980, 5 TexReg 3561; amended to be effective\r\nOctober 15, 2008, 33 TexReg 8515; amended to be effective August 3,\r\n2017, 42 TexReg 3785; amended to be effective July 30, 2025, 50 TexReg\r\n4932." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=12041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "12041", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "509", "label": "RULEMAKING PROCEDURES" }, "rule": { "number": "§509.3", "label": "Invalid Portions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=12044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "12044", "queryAsDate": "03/11/2026" }, "ruleBody": "If any subcategory, section, subsection, sentence, clause, or phrase of these sections is for any reason held invalid, such decision shall not affect the validity of the remaining portions of these sections. The board hereby declares that it would have adopted these subcategories, sections, subsections, sentences, clauses, or phrases thereof irrespective of the fact that any one or more of the subcategories, sections, subsections, sentences, clauses, or phrases be declared invalid.", "sourceNote": "Source Note: The provisions of this §509.3 adopted to be effective September 15, 1980, 5 TexReg 3561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=12044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "12044", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "509", "label": "RULEMAKING PROCEDURES" }, "rule": { "number": "§509.4", "label": "Effective Date" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "1899", "queryAsDate": "03/11/2026" }, "ruleBody": "The board rules shall govern all matters initiated after they take effect; and shall also govern all matters pending on the effective date, except to the extent that the board shall determine that application to a particular matter would not be feasible or would work a substantial injustice, in which event the procedure in effect prior to the effective date of these sections applies.", "sourceNote": "Source Note: The provisions of this §509.4 adopted to be effective September 15, 1980, 5 TexReg 3561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1899&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "1899", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "509", "label": "RULEMAKING PROCEDURES" }, "rule": { "number": "§509.5", "label": "Rules, Identification and Format" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184995", "queryAsDate": "03/11/2026" }, "ruleBody": "The board reserves the right to revise the format of these sections whether to comply with statutory requirements or to facilitate the distribution of easily readable rules.", "sourceNote": "Source Note: The provisions of this §509.5 adopted to be effective September 15, 1980, 5 TexReg 3561." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184995&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184995", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "509", "label": "RULEMAKING PROCEDURES" }, "rule": { "number": "§509.6", "label": "Rulemaking Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "182705", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice of a proposed new rule or amendment of any existing rule shall be made in accordance with the provisions of §2001.023 and §2001.024 of the Administrative Procedure Act.(b) A request for a public hearing to provide comments on a proposed new rule or amendment to an existing rule must be received in the offices of the board no later than 5:00 p.m. of the thirtieth calendar day prior to the board meeting scheduled to consider the adoption of the proposed rule unless the board announces a different filing date.(c) A person wishing to testify at a public hearing to provide comments on a proposed new rule or amendment to an existing rule must file a written copy of the proposed testimony in the offices of the board by no later than 5:00 p.m. of the fifth calendar day prior to the public hearing unless the board announces a different filing date.(d) The board's policy is to promote a public rulemaking process but the board may employ negotiated rulemaking pursuant to the Negotiated Rulemaking Act when appropriate.(e) The executive director shall designate a board employee as the board's negotiated rulemaking director to implement the provisions of the Negotiated Rulemaking Act, Chapter 2008 of the Texas Government Code, and perform the following functions:(1) maintain necessary agency records of negotiated rulemaking procedures while maintaining the confidentiality of participants;(2) establish a method of choosing conveners and facilitators as defined by the Negotiated Rulemaking Act, Chapter 2008 of the Texas Government Code;(3) establish a method of convening negotiated rules committees;(4) provide information about the negotiated rulemaking process to agency employees, potential users, and users of the negotiated rulemaking program;(5) arrange training or education necessary to implement the negotiated rulemaking process; and(6) establish a system to evaluate the negotiated rulemaking program, conveners, facilitators, and committees.(f) The board or the rules committee may request the negotiated rulemaking director to institute negotiated rulemaking proceedings on a specified subject. Upon receipt of such a request, the negotiated rulemaking director shall institute the negotiated rulemaking process pursuant to Chapter 2008 of the Texas Government Code.", "sourceNote": "Source Note: The provisions of this §509.6 adopted to be effective June 9, 2004, 29 TexReg 5626; amended to be effective October 12, 2004, 29 TexReg 9537; amended to be effective October 15, 2008, 33 TexReg 8516; amended to be effective June 7, 2012, 37 TexReg 4049; amended to be effective August 3, 2017, 42 TexReg 3786." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "182705", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "A", "label": "GENERAL INFORMATION" }, "rule": { "number": "§511.11", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205143", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Wherever the term \"examination\" or \"exam\" appears in this chapter, reference is made to the Uniform Certified Public Accountant Examination (UCPAE) prepared and graded by the American Institute of Certified Public Accountants (AICPA).(b) An \"applicant\" means an individual attempting to complete an examination prepared and graded by the AICPA, including, but not limited to, the UCPAE.(c) The following acronyms, when used in this chapter, shall have the following meanings:(1) \"Act\" means the Public Accountancy Act, Chapter 901, Occupations Code;(2) \"NASBA\" means the National Association of State Boards of Public Accountancy.", "sourceNote": "Source Note: The provisions of this §511.11 adopted to be effective December 15, 1993, 18 TexReg 8909; amended to be effective February 27, 2000, 25 TexReg 1375; amended to be effective June 7, 2012, 37 TexReg 4049; amended to be effective February 8, 2017, 42 TexReg 418." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205143&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205143", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "B", "label": "CERTIFICATION BY EXAMINATION" }, "rule": { "number": "§511.21", "label": "Examination Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215155", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An application to take the UCPAE shall be made on forms prescribed by the board and shall also be in compliance with board rules and with all applicable laws.(b) Each applicant shall submit to the Texas Department of Public Safety a complete and legible set of fingerprints from a vendor approved by the Texas Department of Public Safety in conjunction with the application for the purpose of obtaining criminal history record information.(c) An applicant must sign a statement on the application that states that if the applicant's examination is lost, the limit of liability for which the board may be held responsible will be the amount of the exam fee collected by NASBA.(d) Each applicant for the UCPAE must pay an eligibility fee for each section for which the applicant requests to take in accordance with §521.14 of this title (relating to Eligibility Fee). Application forms not accompanied by the proper fee or required documents shall not be considered complete. The withholding of information, a misrepresentation, or any untrue statement on the application or supplemental documents will be cause for rejection of the application.(e) Each application must be verified to show that the applicant remains qualified in all respects to take the examination.(f) The board shall evaluate each examination application and establish dates of eligibility for each approved application, which will be used by the testing vendor or other organization to schedule and test an applicant.", "sourceNote": "Source Note: The provisions of this §511.21 adopted to be effective August 24, 1988, 13 TexReg 3979; amended to be effective October 30, 1991, 16 TexReg 5826; amended to be effective December 18, 1996, 21 TexReg 11788; amended to be effective December 14, 1999, 24 TexReg 11104; amended to be effective August 13, 2003, 28 TexReg 6273; amended to be effective February 17, 2008, 33 TexReg 1099; amended to be effective June 7, 2012, 37 TexReg 4049; amended to be effective February 8, 2017, 42 TexReg 419; amended to be effective October 10, 2019, 44 TexReg 5780; amended to be effective June 2, 2021, 46 TexReg 3399." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215155&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215155", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "B", "label": "CERTIFICATION BY EXAMINATION" }, "rule": { "number": "§511.22", "label": "Initial Filing of the Application of Intent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156571", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The initial filing of the application of intent shall be made on forms prescribed by the board and shall also be in compliance with board rules and with all applicable laws. The application of intent may be submitted at any time and will be used to determine compliance and eligibility for an applicant to take the UCPAE. The application of intent will remain active until:(1) an applicant takes at least one section of the UCPAE within two years from the date of submission of the application; or(2) the second anniversary of the submission of the application has lapsed.(b) Each applicant who submits an application of intent to determine eligibility for the UCPAE must pay a nonrefundable filing fee in accordance with §521.12 of this title (relating to Filing Fee). The filing fee shall be applied towards a reapplication of intent to determine eligibility for the UCPAE for those applicants applying prior to September 1, 2023 and reapplying following that date in order to qualify to take the UCPAE with 120 hours of acceptable coursework. An application of intent not accompanied by the proper fee or required documents shall not be considered complete. The withholding of information, a misrepresentation, or any untrue statement on the application or supplemental documents will be cause for rejection of the application.(c) Each applicant must provide official educational documents to be used in determining compliance with the applicable education requirements of the Act.(d) Each applicant must comply with the board's fingerprinting process that accesses the Federal Bureau of Investigation (FBI) database and the Texas Department of Public Safety-Crime Records division files. This is necessary to ensure an applicant to take the uniform CPA examination or to receive a certificate lacks a history of dishonest or felonious acts and the board is aware of any criminal activity that might be relevant to the applicant's qualifications to take the UCPAE.(e) Each applicant will be notified when all requirements have been met to apply to take the UCPAE, and with the notification, an examination application will be made available to the applicant.(f) Each applicant must provide a copy of the following documents:(1) Unexpired driver's license issued by a state of the United States provided it contains a photograph and information such as name, date of birth, sex, height, eye color, and address; or an unexpired United States passport; and(2) social security card. Such information shall be considered confidential and can only be disclosed under the provisions of the Act.(g) Applicants who are citizens of a foreign country and who cannot meet the requirements of subsection (f) of this section shall comply by providing evidence of a non-expired F-1 Visa issued to students attending a university or college. The board may consider an F-1 Visa with a Certificate of Eligibility for Nonimmigrant Student Status. Form I-20 shall be approved by the designated school official at the educational institution where the applicant is currently attending.(h) Applicants who cannot meet the requirements of subsection (f) or (g) of this section may be eligible to take the UCPAE by providing evidence of both identity and employment authorization by submitting a copy of one of the following unexpired documents:(1) An Alien Registration Receipt Card or Permanent Resident Card (Form I-551); or(2) A foreign passport that contains a temporary I-551 stamp, or temporary I-551 printed notation on a machine-readable immigrant visa; or(3) An Employment Authorization Document which contains a photograph (Form I-766).(i) Applicants who do not have or do not submit a social security card will be required to pay an additional fee to NASBA each time they make application for the UCPAE to verify their legal entry into the U.S.", "sourceNote": "Source Note: The provisions of this §511.22 adopted to be effective December 14, 1999, 24 TexReg 11105; amended to be effective February 4, 2004, 29 TexReg 965; amended to be effective February 17, 2008, 33 TexReg 1099; amended to be effective August 8, 2012, 37 TexReg 5771; amended to be effective April 16, 2014, 39 TexReg 2853; amended to be effective February 8, 2017, 42 TexReg 419; amended to be effective June 5, 2019, 44 TexReg 2720; amended to be effective December 4, 2019, 44 TexReg 7389; amended to be effective June 2, 2021, 46 TexReg 3400; amended to be effective October 4, 2023, 48 TexReg 5661." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156571&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156571", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "B", "label": "CERTIFICATION BY EXAMINATION" }, "rule": { "number": "§511.26", "label": "Applications under Prior Acts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197177", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant who applies and is approved for the examination under a prior Act shall continue to be eligible to take the examination. The applicant may re-qualify to another education requirement of the Act under which the applicant qualified, or may re-qualify to the education of the current Act, but the applicant shall not rescind this action.", "sourceNote": "Source Note: The provisions of this §511.26 adopted to be effective October 30, 1989, 14 TexReg 5547; amended to be effective October 30, 1991, 16 TexReg 5826; amended to be effective February 27, 2000, 25 TexReg 1375; amended to be effective June 7, 2012, 37 TexReg 4049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197177", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "B", "label": "CERTIFICATION BY EXAMINATION" }, "rule": { "number": "§511.27", "label": "Evidence from Foreign Residents of a Lack of a History of Dishonest or Felonious Acts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156572", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who at the time of the filing of an application of intent resides outside of the United States or its territories, or has so resided for any portion of the two years immediately preceding the filing shall, in order for the board to be aware of any criminal activity that might be relevant to the applicant's qualifications to take the UCPAE, provide a document from the law enforcement agency of that country or territory certifying a lack of a history of dishonest or felonious acts. The certification shall be issued and sealed by an official of the country or territory of the residence of the applicant.(b) An applicant who is a citizen of the United States and who participates in a study abroad program as a part of their course of study through a U.S. educational institution is not required to provide evidence of a lack of a history of dishonest or felonious acts from a law enforcement agency from the country where the study abroad occurred.(c) An applicant is permitted to visit their official country of residence for a period of time allowable under their official Visa and will not be required to provide a subsequent certificate evidencing a lack of a history of dishonest or felonious acts from a law enforcement agency.", "sourceNote": "Source Note: The provisions of this §511.27 adopted to be effective April 15, 2001, 26 TexReg 2712; amended to be effective February 8, 2017, 42 TexReg 420; amended to be effective December 4, 2019, 44 TexReg 7390." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156572&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156572", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "B", "label": "CERTIFICATION BY EXAMINATION" }, "rule": { "number": "§511.29", "label": "Examination Applicant Data" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226308", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall provide applicant data to NASBA for the sole and specific purpose of maintaining the national applicant database of individuals eligible for the UCPAE.(b) In compliance with §901.160(c)(1) of the Act (relating to Availability and Confidentiality of Certain Board Files), the board shall obtain authorization from the applicant for the sharing of data with NASBA.", "sourceNote": "Source Note: The provisions of this §511.29 adopted to be effective February 4, 2004, 29 TexReg 966; amended to be effective June 7, 2012, 37 TexReg 4050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226308&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226308", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "C", "label": "EDUCATIONAL REQUIREMENTS" }, "rule": { "number": "§511.51", "label": "Educational Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226309", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms extracted from rules promulgated by the Texas Higher Education Coordinating Board, shall have the following meanings for this chapter, unless the context clearly indicates otherwise.(1) \"Accelerated courses\" means courses delivered in shortened semesters which are expected to have the same number of contact hours and the same requirement for out-of-class learning as courses taught in a normal semester.(2) \"Contact hour\" means a time unit of instruction used by institutions of higher education consisting of 60 minutes, of which 50 minutes must be direct instruction.(3) \"Non-traditionally-delivered course\" means a course that is offered in a non-traditional way and does not meet the definition of contact hours.(4) \"Semester\" means and normally shall include 15 weeks for instruction and one week for final examination or a total of 16 weeks instruction and examination combined.(5) \"Semester credit hour\" means a unit of measure of instruction consisting of 60 minutes, of which 50 minutes must be direct instruction, over a 15-week period in a semester system or a 10-week period in a quarter system.(6) \"Traditionally-delivered three semester-credit-hour course\" or \"traditional course\" means a course containing 15 weeks of instruction (45 contact hours) plus a week for final examinations so that such a course contains 45-48 contact hours depending on whether there is a final exam.(b) The following words and terms shall have the following meanings.(1) \"Recognized community college\" means a Texas community college or campus of the community college that holds the designation 'Qualifying Educational Credit for the CPA Examination' awarded by the board.(2) \"Extension and correspondence school\" means a program within an institution that offers courses that are not equivalent to courses offered in an academic department at the institution and the courses are not listed on an official transcript from the institution. (3) \"Institution\" or \"Institution of Higher Education\" means any U.S. public or private senior college or university which confers a baccalaureate or higher degree to its students completing a program of study required for the degree.(4) \"Independent study\" means academic work selected or designed by the student with the pre-approval of the appropriate department or a college or university under faculty supervision. This work typically occurs outside of the regular classroom structure.(5) \"Internship\" means faculty pre-approved and appropriately supervised short-term work experience, usually related to a student's major field of study, for which the student earns academic credit.(6) \"Proprietary organization\" means a CPA review course provider.(7) \"Quarter credit hour\" is the unit of measurement based upon an institution of higher education system that divides the academic year into three equal sessions of 10 to 11 weeks. A quarter credit hour represents proportionately less work than a semester hour because of the shorter session and is counted as 2/3 of a semester credit hour for each hour of credit.(8) \"Reporting institution\" means the institution of higher education in the state that serves as the clearinghouse for educational institutions of higher education in Texas. Currently, the University of Texas-Austin is the reporting institution for the state of Texas.(9) \"SACS\" means the Southern Association of Colleges and Schools-Commission on Colleges.(10) \"THECB\" means the Texas Higher Education Coordinating Board.(11) \"Transcript,\" \"Official Transcript\" or \"Official Educational Document\" means a document prepared by an institution that contains a record of the academic coursework offered by an academic department that a student has taken, grades and credits earned, and degrees awarded. The document is printed on paper bearing a watermark specific to the institution and is embossed with the institution's seal, date and the signature of the Registrar who is responsible for certifying coursework and degrees. The document may be provided electronically from the institution or its authorized agent.(12) \"UCPAE\" means the Uniform Certified Public Accountant Examination prepared and graded by the American Institute of Certified Public Accountants.(13) \"Upper Division Accounting Course\" or \"Upper Level Accounting Course\" means at a minimum junior and senior year course work that requires the successful completion of introductory or basic course work before it can be taken.(14) \"Upper Division Business Course\" or \"Upper Level Business Course\" means at a minimum junior and senior year course work that requires the successful completion of introductory or basic course work before it can be taken.", "sourceNote": "Source Note: The provisions of this §511.51 adopted\r\nto be effective April 11, 2012, 37 TexReg 2405; amended to be effective\r\nOctober 10, 2012, 37 TexReg 8017; amended to be effective August 7,\r\n2013, 38 TexReg 4895; amended to be effective June 10, 2015, 40 TexReg\r\n3566; amended to be effective February 8, 2017, 42 TexReg 420; amended\r\nto be effective June 2, 2021, 46 TexReg 3400; amended to be effective\r\nFebruary 2, 2022, 47 TexReg 301; amended to be effective October 9,\r\n2025, 50 TexReg 6481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226309", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "C", "label": "EDUCATIONAL REQUIREMENTS" }, "rule": { "number": "§511.52", "label": "Recognized Institutions of Higher Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226310", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board recognizes institutions of higher education that offer a baccalaureate or higher degree, that either:(1) are accredited by one of the following organizations:(A) Middle States Commission on Higher Education (MSCHE);(B) Northwest Commission on Colleges and Universities (NWCCU);(C) The Higher Learning Commission (HLC);(D) New England Commission of Higher Education (NECHE);(E) Southern Association of Colleges and Schools, Commission on Colleges (SACS); and(F) WASC Senior College and University Commission; or(2) provide evidence of meeting equivalent accreditation requirements of SACS.(b) The board is the final authority regarding the evaluation of an applicant's education and has received assistance from the reporting institution in the State of Texas, the University of Texas at Austin, in evaluating:(1) an institution of higher education;(2) organizations that award credits for coursework taken outside of a traditional academic environment and shown on a transcript from an institution of higher education;(3) assessment methods such as credit by examination, challenge exams, and portfolio assessment; and(4) non-college education and training.(c) The following organizations and assessment methods may not be used to meet the requirements of this chapter:(1) American Council on Education (ACE);(2) Prior Learning Assessment (PLA);(3) Defense Activity for Non-Traditional Education Support (DANTES);(4) Defense Subject Standardized Test (DSST); and(5) StraighterLine.(d) The board may accept courses completed through an extension school, a correspondence school or continuing education program provided that the courses are offered and accepted by the board approved educational institution for a business baccalaureate or higher degree conferred by that educational institution.(e) Except as provided in subsection (d) of this section, extension and correspondence schools or programs and continuing education courses do not meet the criteria for recognized institutions of higher education.(f) The requirements related to recognized community colleges are provided in §511.54 of this chapter (relating to Recognized Texas Community Colleges).(g) The board may recognize a community college that offers a baccalaureate degree in accounting or business, provided that the applicant is admitted to a graduate program in accounting or business offered at a recognized institution of higher education that offers a graduate or higher degree.", "sourceNote": "Source Note: The provisions of this §511.52 adopted to be\r\neffective March 1, 2000, 25 TexReg 1627; amended to be effective February\r\n4, 2004, 29 TexReg 966; amended to be effective February 17, 2008,\r\n33 TexReg 1100; amended to be effective January 28, 2009, 34 TexReg\r\n429; amended to be effective June 8, 2011, 36 TexReg 3409; amended\r\nto be effective April 11, 2012, 37 TexReg 2406; amended to be effective\r\nOctober 10, 2012, 37 TexReg 8018; amended to be effective June 10,\r\n2015, 40 TexReg 3566; amended to be effective February 8, 2017, 42\r\nTexReg 421; amended to be effective June 2, 2021, 46 TexReg 3400;\r\namended to be effective October 4, 2023, 48TexReg 5661; amended to\r\nbe effective February 7, 2024, 49 TexReg 548; amended to be effective\r\nOctober 9, 2025, 50 TexReg 6482." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226310", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "C", "label": "EDUCATIONAL REQUIREMENTS" }, "rule": { "number": "§511.53", "label": "Evaluation of International Education Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226311", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the responsibility of the board to confirm that education obtained at colleges and universities outside of the United States (international education) is equivalent to education earned at board-recognized institutions of higher education in the U.S.(b) The board shall use, at the expense of the applicant, the services of the University of Texas at Austin, Graduate and International Admissions Center, to validate, review, and evaluate international education documents submitted by an applicant to determine if the courses taken and degrees earned are substantially equivalent to those offered by the board-recognized institutions of higher education located in the U.S. The evaluation shall provide the following information to the board:(1) Degrees earned by the applicant that are substantially equivalent to those conferred by a board-recognized institution of higher education in the U.S. that meets §511.52 of this chapter (relating to Recognized Institutions of Higher Education);(2) The total number of semester hours or quarter hour equivalents earned that are substantially equivalent to those earned at U.S. institutions of higher education;(3) The total number of semester hours or quarter hour equivalents earned in accounting coursework that meets §511.57 of this chapter (relating to Courses in an Accounting Concentration to take the UCPAE;(4) An analysis of the title and content of courses taken that are substantially equivalent to courses listed in §511.57 of this chapter; and(5) The total number of semester hours or quarter hour equivalents earned in business coursework that meets §511.58 of this chapter (relating to Related Business Subjects).(c) The University of Texas at Austin, Graduate and International Admissions Center, may use the American Association of Collegiate Registrars and Admissions Officers (AACRAO) material, including the Electronic Database for Global Education (EDGE), in evaluating international education documents.(d) Other evaluation or credentialing services of international education are not accepted by the board.(e) Credits awarded for coursework taken through the following organizations and shown on a transcript from an institution of higher education may not be used to meet the requirements of this chapter:(1) American College Education (ACE);(2) Prior Learning Assessment (PLA);(3) Defense Activity for Non-Traditional Education Support (DANTES);(4) Defense Subject Standardized Test (DSST); and(5) StraighterLine.", "sourceNote": "Source Note: The provisions of this §511.53 adopted\r\nto be effective April 10, 2013, 38 TexReg 2222; amended to be effective\r\nFebruary 8, 2017, 42 TexReg 421; amended to be effective June 2, 2021,\r\n46 TexReg 3401; amended to be effective June 8, 2022, 47 TexReg 3262;\r\namended to be effective October 4, 2023, 48 TexReg 5661; amended to\r\nbe effective February 7, 2024, 49 TexReg 549; amended to be effective\r\nOctober 9, 2025, 50 TexReg 6482." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226311", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "C", "label": "EDUCATIONAL REQUIREMENTS" }, "rule": { "number": "§511.54", "label": "Recognized Texas Community Colleges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226312", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who has completed a baccalaureate or higher degree from a board recognized institution of higher education based on the requirements of §511.52 of this chapter (relating to Recognized Institutions of Higher Education), may enter into a course of study at a board recognized Texas community college to complete the educational requirements of §§511.57, and 511.58 of this chapter (relating to Courses in an Accounting Concentration to take the UCPAE, and Related Business Subjects). (b) The board recognizes and accepts Texas community colleges that meet board standards for a comprehensive academic program based on the educational requirements of §§511.57, and 511.58 of this chapter. (c) Effective August 1, 2015, the standards include at a minimum all, but are not limited to, the following: (1) The Texas community college must be accredited by SACS. (2) Academic accounting and business courses recognized as meeting §§511.57, and 511.58 of this chapter are deemed by the board as equivalent to upper level coursework at an institution of higher education and must contain a rigorous curriculum that is similar to courses offered in a baccalaureate degree program at a university. Accounting, business, and ethics courses must be developed by a group of full time accounting faculty members and approved by the board prior to offering to students. Modifications to an approved course must be reconsidered by the board prior to offering to students. (3) Academic courses meeting §§511.57, and 511.58 of this chapter must be taken after completing a baccalaureate degree. (4) The Texas community college must offer at least: (A) 30 semester hours of academic accounting courses meeting §511.57 of this chapter; and(B) 24 semester hours of academic business courses meeting §511.58 of this chapter. (5) The Texas community college designates an accounting faculty member(s) who is responsible for: (A) managing the comprehensive academic program at all campuses; (B) selecting and training qualified faculty members to teach the program courses and regularly evaluating their effectiveness in the classroom; (C) establishing and maintaining a rigorous program curriculum; (D) establishing and maintaining a process for advising and guiding students through the program; and (E) providing annual updates to the board on the status of the academic program. (6) Faculty members at a community college recognized and accepted by the board must have the following credentials to teach academic courses meeting §§511.57, and 511.58 of this chapter: (A) Doctorate or master's degree in the teaching discipline; or (B) Master's degree with a concentration in the teaching discipline (a minimum of 18 graduate semester hours in the teaching discipline). (7) At least three-fourths of the faculty members who are responsible to teach academic courses meeting §511.57 of this chapter must hold a current CPA license. (8) Faculty members will comply with the established educational definitions in §511.51 of this chapter (relating to Educational Definitions). (9) The Texas community college will provide ongoing professional development for its faculty as teachers, scholars, and CPA practitioners. (10) The Texas community college will make available to students a resource library containing current online authoritative literature to support the academic courses meeting §§511.57, and 511.58 of this chapter, and will incorporate the online authoritative literature in accounting courses.(d) A community college recognized and accepted by the board under this provision must be reconsidered by the board on the fifth-year anniversary of the approval. Information brought to the attention of the board by a student or faculty member of the Texas community college that indicates non-compliance with the standards may cause the board to accelerate reconsideration.", "sourceNote": "Source Note: The provisions of this §511.54 adopted to be\r\neffective June 10, 2015, 40 TexReg 3567; amended to be effective February\r\n8, 2017, 42 TexReg 422; amended to be effective June 2, 2021, 46 TexReg\r\n3401; amended to be effective June 8, 2022, 47 TexReg 3263; amended\r\nto be effective October 4, 2023, 48 TexReg 5662; amended to be effective\r\nOctober 9, 2025, 50 TexReg 6483." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226312&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226312", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "C", "label": "EDUCATIONAL REQUIREMENTS" }, "rule": { "number": "§511.56", "label": "Educational Qualifications under the Act to take the UCPAE" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226313", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for the UCPAE under the current Act shall meet the following educational requirements in order to qualify to take the examination: (1) hold a baccalaureate or graduate degree conferred by an institution of higher education as defined by §511.52 of this chapter (relating to Recognized Institutions of Higher Education) recognized by the board; and (2) complete at least 120 semester hours or quarter-hour equivalents of courses consisting of: (A) effective through July 31, 2026, at least 21 semester hours or quarter-hour equivalents of upper level accounting courses as defined by §511.57 of this chapter (relating to Courses in an Accounting Concentration to take the UCPAE); (B) effective August 1, 2026, at least 24 semester hours or quarter-hour equivalents of upper level accounting courses as defined by §511.57 of this chapter; and(C) at least 24 semester hours or quarter-hour equivalents of upper level related business courses, as defined by §511.58 of this chapter (relating to Related Business Subjects). (b) An individual holding a baccalaureate degree conferred by a board-recognized institution of higher education, as defined by §511.52 of this chapter, and who has not completed the requirements of this section shall meet the requirements by taking coursework in one of the following ways: (1) complete upper level or graduate courses at a board-recognized institution of higher education as defined in §511.52 of this chapter that meets the requirements of subsection (a)(2)(A) and (B) of this section; or (2) enroll in a board-recognized community college as defined in §511.54 of this chapter (relating to Recognized Texas Community Colleges) and complete board approved accounting or business courses that meet the requirements of subsection (a)(2)(A) and (B) of this section. Only specified accounting and business courses that are approved by the board will be accepted as not all courses offered at a community college are accepted. (c) The following courses, courses of study, certificates, and programs may not be used to meet the 120-semester hour requirement: (1) remedial or developmental courses offered at an institution of higher education; and (2) credits awarded for coursework taken through the following organizations and shown on a transcript from an institution of higher education may not be used to meet the requirements of this chapter: (A) American College Education (ACE); (B) Prior Learning Assessment (PLA); (C) Defense Activity for Non-Traditional Education Support (DANTES); (D) Defense Subject Standardized Test (DSST); and (E) StraighterLine. (d) The hours from a course that has been repeated will be counted only once toward the requirements of subsection (a)(2) of this section.(e) An applicant for the UCPAE who met the educational requirements of §511.57 and §511.58 of this chapter that were in effect at the time of examination shall continue to be examined under those requirements unless the applicant elects to meet the current education requirements of the rules, in effect on August 1, 2026.", "sourceNote": "Source Note: The provisions of this §511.56 adopted to be\r\neffective October 30, 1991, 16 TexReg 5826; amended to be effective\r\nJune 30, 1997, 22 TexReg 5925; amended to be effective February 27,\r\n2000, 25 TexReg 1376; amended to be effective February 4, 2004, 29\r\nTexReg 966; amended to be effective February 17, 2008, 33 TexReg 1100;\r\namended to be effective January 28, 2009, 34 TexReg 429; amended to\r\nbe effective April 11, 2012, 37 TexReg 2406; amended to be effective\r\nFebruary 8, 2017, 42 TexReg 422; amended to be effective June 2, 2021,\r\n46 TexReg 3402; amended to be effective June 8, 2022, 47 TexReg 3264;\r\namended to be effective October 4, 2023, 48 TexReg 5662; amended to\r\nbe effective October 9, 2025, 50 TexReg 6484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226313&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226313", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "C", "label": "EDUCATIONAL REQUIREMENTS" }, "rule": { "number": "§511.57", "label": "Courses in an Accounting Concentration to Take the UCPAE" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226314", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective through July 31, 2026, an applicant shall meet the board's accounting course requirements in one of the following ways: (1) Hold a baccalaureate or higher degree from a board-recognized institution of higher education as defined by §511.52 of this chapter (relating to Recognized Institutions of Higher Education) and present official transcript(s) from board-recognized institution(s) that show degree credit for at least 21 semester credit hours of upper division accounting courses as defined in subsections (d) and (e) of this section; or (2) Hold a baccalaureate or higher degree from a board-recognized institution of higher education as defined by §511.52 of this chapter, and after obtaining the degree, complete the requisite 21 semester credit hours of upper division accounting courses, as defined in subsections (d) and (e) of this section, from four-year degree granting institutions, or accredited community colleges, provided that all such institutions are recognized by the board as defined by §511.52 or §511.54 of this chapter (relating to Recognized Texas Community Colleges). (b) Credit for hours taken at board-recognized institutions of higher education using the quarter system shall be counted as 2/3 of a semester credit hour for each hour of credit received under the quarter system. (c) The board will accept at least 21 semester credit hours of accounting courses from the courses listed in subsections (d) and (e) of this section. The hours from a course that has been repeated will be counted only once toward the required 21 semester hours. The courses must meet the board's standards by containing sufficient accounting knowledge and application to be useful to candidates taking the UCPAE. A board-recognized institution of higher education must have accepted the courses for purposes of obtaining a baccalaureate or higher degree or its equivalent, and they must be shown on an official transcript. (d) The subject-matter content should be derived from the UCPAE Blueprint. A minimum of 12 semester hours with at least three semester hours in each of the following accounting course content areas is required: (1) financial accounting and reporting for business organizations or intermediate accounting; (2) financial statement auditing; (3) taxation; and (4) accounting information systems or accounting data analytics. (e) A minimum of 9 hours in any of the following accounting course content areas is required: (1) up to 6 semester credit hours of additional financial accounting and reporting for business organizations or intermediate accounting; (2) advanced accounting; (3) accounting theory; (4) managerial or cost accounting (excluding introductory level courses); (5) auditing and attestation services; (6) internal accounting control and risk assessment; (7) financial statement analysis; (8) accounting research and analysis; (9) up to 9 semester credit hours of taxation (including tax research and analysis); (10) financial accounting and reporting for governmental and/or other nonprofit entities; (11) up to 9 semester credit hours of accounting information systems, including management information systems (\"MIS\"), provided the MIS courses are listed or cross-listed as accounting courses, and the institution of higher education accepts these courses as satisfying the accounting course requirements for graduation with a degree in accounting; (12) up to 9 semester credit hours of accounting data analytics, provided the institution of higher education accepts these courses as satisfying the accounting course requirements for graduation with a degree in accounting; business data analytics may be considered provided the courses are listed or cross-listed as accounting courses, and the institution of higher education accepts these courses as satisfying the accounting course requirements for graduation with a degree in accounting; (while data analytics tools may be taught in the courses, application of the tools should be the primary objective of the courses); (13) fraud examination; (14) international accounting and financial reporting; (15) mergers and acquisitions; (16) financial planning; (17) at its discretion, the board may accept up to three semester hours of credit of accounting course work with substantial merit in the context of a career in public accounting, provided the course work is predominantly accounting or auditing in nature but not included in paragraphs (1) - (16) of this subsection. For any course submitted under this provision, the Accounting Faculty Head or Chair must affirm to the board in writing the course's merit and content; and (18) at its discretion, the board may accept up to three semester credit hours of independent study in accounting selected or designed by the student under faculty supervision. The curriculum for the course shall not repeat the curriculum of another accounting course that the student has completed. (f) The following types of introductory courses do not meet the accounting course definition in subsections (d) and (e) of this section: (1) elementary accounting; (2) principles of accounting; (3) financial and managerial accounting; (4) introductory accounting courses; and (5) accounting software courses. (g) Any CPA review course offered by an institution of higher education or a proprietary organization shall not be used to meet the accounting course definition. (h) CPE courses shall not be used to meet the accounting course definition. (i) An ethics course required in §511.58(c) of this chapter (relating to Related Business Subjects) shall not be used to meet the accounting course definition in subsections (d) and (e) of this section. (j) Accounting courses completed through an extension school of a board recognized educational institution may be accepted by the board provided that the courses are accepted for a business baccalaureate or higher degree conferred by that educational institution. (k) The board may review the content of accounting courses and determine if they meet the requirements of this section. (l) Credits awarded for coursework taken through the following organizations and shown on a transcript from an institution of higher education may not be used to meet the requirements of this chapter: (1) American College Education (ACE); (2) Prior Learning Assessment (PLA); (3) Defense Activity for Non-Traditional Education Support (DANTES); (4) Defense Subject Standardized Test (DSST); and (5) Straighterline.(m) Effective August 1, 2026, to take the UCPAE, a minimum of 12 semester hours of upper level accounting courses, with at least three semester hours from each of subparagraphs (1) through (4) of this subsection, must be completed at a board-recognized institution of higher education and shown on an official transcript from the institution: (1) financial accounting and reporting for business organizations or intermediate accounting; (2) financial statement auditing; (3) taxation; and (4) accounting information systems or accounting data analytics. (n) In addition to subsection (m) of this section, a minimum of 12 hours in any of the following upper level accounting course content areas must be completed at a board-recognized institution of higher education and shown on an official transcript from the institution, provided the course was not used to meet subsection (m) of this section: (1) financial accounting and reporting for business organizations or intermediate accounting; (2) advanced accounting; (3) accounting theory; (4) managerial or cost accounting (excluding introductory level courses); (5) auditing and attestation services; (6) internal accounting control and risk assessment; (7) financial statement analysis; (8) accounting research and analysis; (9) taxation (including tax research and analysis); (10) financial accounting and reporting for governmental and/or other nonprofit entities; (11) accounting information systems, including management information systems (\"MIS\"), provided the MIS courses are listed or cross-listed as accounting courses, and the institution of higher education accepts these courses as satisfying the accounting course requirements for graduation with a degree in accounting; (12) accounting data analytics; (13) fraud examination; (14) international accounting and financial reporting; (15) mergers and acquisitions;(16) financial planning; and (17) up to three semester credit hours of independent study in accounting selected or designed by the student under faculty supervision. The curriculum for the course shall not repeat the curriculum of another accounting course that the student has completed. (o) The board may review the content of accounting courses to determine if they meet the requirements of subsections (m) and (n) of this section, and to determine if courses contain sufficient accounting knowledge and application to be useful to candidates taking the UCPAE. (p) A course that was repeated will be counted only once to meet the requirements of subsections (m) and (n) of this section. (q) Credit for hours taken at board-recognized institutions of higher education using the quarter system shall be counted as 2/3 of a semester credit hour for each hour of credit received under the quarter system. (r) The board may accept up to three semester hours of credit of accounting course if: (1) the course work has substantial merit in the context of a career in public accounting; (2) the course work is predominantly accounting or auditing in nature but not included in subsections (m) and (n) of this section; and (3) the merit and content of the course submitted under this subsection is affirmed by the Accounting Faculty Head or Chair at the educational institution where the course was completed. (s) The following types of courses do not meet the accounting course definition in subsections (m), (n) and (r) of this section: (1) elementary accounting; (2) principles of accounting; (3) financial and managerial accounting; (4) introductory accounting courses; (5) accounting software courses; (6) any CPA review course offered by an institution of higher education or a proprietary organization; (7) CPE courses; and (8) an ethics course required in §511.58 of this chapter.(t) Accounting courses completed through an extension school of a board-recognized educational institution may be accepted by the board provided that the courses are accepted for a business baccalaureate or higher degree conferred by that educational institution. (u) Credits awarded for coursework taken through the following organizations and shown on a transcript from an institution of higher education may not be used to meet the requirements of this chapter: (1) American College Education (ACE); (2) Prior Learning Assessment (PLA); (3) Defense Activity for Non-Traditional Education Support (DANTES); (4) Defense Subject Standardized Test (DSST); and (5) Straighterline.", "sourceNote": "Source Note: The provisions of this §511.57 adopted\r\nto be effective July 18, 1986, 11 TexReg 3104; amended to be effective\r\nNovember 8, 1988, 13 TexReg 5433; amended to be effective April 19,\r\n1989, 14 TexReg 1743; amended to be effective August 29, 1990, 15\r\nTexReg 4645; amended to be effective November 27, 1991, 16 TexReg\r\n6647; amended to be effective December 18, 1996, 21 TexReg 11789;\r\namended to be effective August 21, 1997, 22 TexReg 7487; amended to\r\nbe effective December 11, 1997, 22 TexReg 12054; amended to be effective\r\nApril 6, 1998, 23 TexReg 3448; amended to be effective October 17,\r\n1999, 24 TexReg 8750; amended to be effective February27, 2000, 25\r\nTexReg 1376; amended to be effective February 12, 2003, 28 TexReg\r\n1180; amended to be effective October 13, 2005, 30 TexReg 6433; amended\r\nto be effective October 12, 2006, 31 TexReg 8368; amended to be effective\r\nJanuary 28, 2009, 34 TexReg 430; amended to be effective October 7,\r\n2009, 34 TexReg 6854; amended to be effective April 11, 2012, 37 TexReg\r\n2406; amended to be effective October 10, 2012, 37 TexReg 8018; amended\r\nto be effective August 7, 2013, 38 TexReg 4895; amended to be effective\r\nFebruary 8, 2017, 42 TexReg 423; amended to be effective June 6, 2018,\r\n43 TexReg 3593; amended to be effective October 10, 2018, 43 TexReg\r\n6643; amended to be effective August 5, 2020, 45 TexReg 5351; amended\r\nto be effective June 2, 2021, 46 TexReg 3402; amended to be effective\r\nFebruary 2, 2022, 47 TexReg 301; amended to be effective April 12,\r\n2023, 48 TexReg 1828; amended to be effective November 29, 2023, 48\r\nTexReg 6909; amended to be effective October 9, 2025, 50 TexReg 6485." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226314&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226314", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "C", "label": "EDUCATIONAL REQUIREMENTS" }, "rule": { "number": "§511.58", "label": "Related Business Subjects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226315", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Related business courses are those business courses that a board recognized institution of higher education accepts for a business baccalaureate or higher degree by that educational institution. (b) The board will accept a minimum of 21 credit hours of upper level courses (for the purposes of this subsection, economics and statistics at any college level will count as upper level courses) as related business subjects, taken at a recognized educational institution shown on official transcripts or accepted by a recognized educational institution for purposes of obtaining a baccalaureate degree or its equivalent, in the following areas.(1) business law, including study of the Uniform Commercial Code;(2) economics;(3) management;(4) marketing;(5) business communications;(6) statistics and quantitative methods;(7) information systems or technology; (8) finance and financial planning;(9) data analytics, data interrogation techniques, cyber security and/or digital acumen in the accounting context; (10) no more than 6 credit semester hours of upper level business or accounting internship taken at a Board recognized educational institution of higher education; and(11) other areas related to accounting.(c) The Board requires a three semester hour accounting or business ethics course that includes a framework of ethical reasoning, including the core values of integrity, objectivity, and independence, professional values, and attitudes for exercising professional skepticism and other behavior in the best interest of the public and profession and shall include the ethics rules of the AICPA and the SEC. The course may be taken to meet the education requirements of §511.56 of this chapter (related to Educational Qualifications under the Act to take the UCPAE); or the certification requirements of §511.59 of this chapter (related to Qualifications for Issuance of a Certificate with not Fewer than 120 Semester Hours); or §511.164 of this chapter (related to Qualifications for Issuance of a Certificate with not Fewer than 150 Semester Hours). (d) The board may review the content of business courses and determine if they meet the requirements of this section. (e) Credit for hours taken at recognized institutions of higher education using the quarter system shall be counted as 2/3 of a semester hour for each hour of credit received under the quarter system.(f) A course that was repeated will be counted only once to meet the requirements of this section. (g) Related business courses completed through and offered by an extension school, correspondence school, or continuing education program of a board recognized educational institution may be accepted by the board, provided that the courses are accepted for a business baccalaureate or higher degree conferred by that educational institution. (h) Credits awarded for coursework taken through the following organizations and shown on a transcript from an institution of higher education may not be used to meet the requirements of this chapter: (1) American College Education (ACE); (2) Prior Learning Assessment (PLA); (3) Defense Activity for Non-Traditional Education Support (DANTES); (4) Defense Subject Standardized Test (DSST); and (5) StraighterLine.", "sourceNote": "Source Note: The provisions of this §511.58 adopted\r\nto be effective September 15, 1980, 5 TexReg 3563; amended to be effective\r\nJuly 18, 1986, 11 TexReg 3104; amended to be effective April 19, 1989,\r\n14 TexReg 1743; amended to be effective August 29, 1990, 15 TexReg\r\n4645; amended to be effective October 30, 1991, 16 TexReg 5826; amended\r\nto be effective August 21, 1997, 22 TexReg 7488; amended to be effective\r\nFebruary 27, 2000, 25 TexReg 1376; amended to be effective February\r\n12, 2003, 28 TexReg 1183; amended to be effective June 7, 2006, 31\r\nTexReg 4644; amended to be effective February 17, 2008, 33 TexReg\r\n1100; amended to be effective August 17, 2008, 33 TexReg 6373; amended\r\nto be effective January 28, 2009, 34 TexReg 430; amended to be effective\r\nAugust 12, 2009, 34 TexReg 5376; amended to be effective December\r\n9, 2009, 34 TexReg 8727; amended to be effective April 11, 2012, 37\r\nTexReg 2407; amended to be effective February 8, 2017, 42 TexReg 423;\r\namended to be effective October 10, 2018, 43 TexReg 6644; amended\r\nto be effective June 2, 2021, 46 TexReg 3402; amended to be effective\r\nFebruary 2, 2022, 47 TexReg 302; amended to be effective April 12,\r\n2023, 48 TexReg 1829; amended to be effective October 4, 2023, 48\r\nTexReg 5662; amended to be effective February 7, 2024, 49 TexReg 550;\r\namended to be effective October 9, 2025, 50 TexReg 6487." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226315&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226315", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "C", "label": "EDUCATIONAL REQUIREMENTS" }, "rule": { "number": "§511.59", "label": "Qualifications for Issuance of a Certificate with not Fewer than 120 Semester Hours" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205153", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective August 1, 2026, an applicant who meets the education requirements of §§511.56, 511.57 and 511.58 of this chapter (relating to Educational Qualifications under the Act to take the UCPAE, Courses in an Accounting Concentration to take the UCPAE, and Related Business Subjects), may elect to qualify for CPA certification by completing the requirements in subsections (b) and (c) of this section.(b) An applicant for CPA certification under this section shall complete upper level accounting courses as defined by §511.57 of this chapter equal to or in excess of 27 semester hours or quarter-hour equivalents of upper level accounting courses.(c) The work experience shall be at least two years of full time, non-routine accounting experience as defined by §511.122 and §511.123 of this chapter (relating to Acceptable Work Experience and Reporting Work Experience) and supervised by a CPA as defined by §511.124 of this chapter (relating to Acceptable Supervision).", "sourceNote": "Source Note: The provisions of this §511.59 adopted to be\r\neffective June 11, 2008, 33 TexReg 4503; amended to be effective April\r\n11, 2012, 37 TexReg 2407; amended to be effective June 10, 2015, 40\r\nTexReg 3567; amended to be effective February 8, 2017, 42 TexReg 424;\r\namended to be effective June 6, 2018, 43 TexReg 3593; amended to be\r\neffective June 2, 2021, 46 TexRg 3403; amended to be effective August\r\n10, 2022, 47 TexReg 4678; amended to be effective October 4, 2023,\r\n48 TexReg 5663; amended to be effective February 7, 2024, 49 TexReg\r\n551; amended to be effective October 9, 2025, 50 TexReg 6488." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205153", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.70", "label": "Grounds for Disciplinary Action of Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213195", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may discipline an applicant for any grounds specified in §901.503 Act (relating to Board Action Involving Applicant). Such grounds include but are not limited to the conduct described in subsections (b) - (e) of this section.(b) The board may discipline an applicant for making a false, fraudulent or materially misleading statement or a material omission on, or in connection with, any application for evaluation, examination or to become a CPA of this state. The withdrawal of any application shall not deprive the board of its authority to take action against an applicant.(c) The board may discipline an applicant for failing to comply with written guidelines for appropriate conduct by an applicant during the examination or oral guidance by a testing center administrator at any examination location.(d) The board may discipline an applicant for cheating, subverting, attempting to subvert, aiding, abetting or conspiring to cheat on the UCPAE at any location within the state where the examination is given, or where a Texas applicant is taking the UCPAE at a location outside of the state. The voluntary departure or expulsion from an examination shall not deprive the board of its authority to take action against an applicant.(e) Cheating, subverting, attempting to subvert, aiding, abetting or conspiring to cheat on the UCPAE includes, but is not limited to, engaging in, soliciting, or procuring any of the following:(1) any communication between an applicant and anyone other than a proctor or exam administrator while the examination is in progress;(2) any communication between an applicant and anyone at any time concerning the content of the examination including, but not limited to, any exam question or answer, unless the examination has been publicly released by the preparer of the examination;(3) taking by another person all or any part of the examination on behalf of an applicant;(4) possession or use at any time during the examination or while an applicant is in the examination testing center of any device, material, or document that is not expressly authorized for use by examinees during the examination, including, but not limited to, notes, crib sheets, books, recording and electronic devices; or(5) using or referring to any device, material, recording or document that is not expressly authorized for use by an applicant at any time after the commencement of the examination and prior to the conclusion of the examination, to include all breaks during the examination.", "sourceNote": "Source Note: The provisions of this §511.70 adopted to be effective August 16, 2001, 26 TexReg 6023; amended to be effective February 4, 2004, 29 TexReg 967; amended to be effective February 17, 2008, 33 TexReg 1101; amended to be effective August 8, 2012, 37 TexReg 5771; amended to be effective February 8, 2017, 42 TexReg 424; amended to be effective June 2, 2021, 46 TexReg 3403." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213195", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.72", "label": "Uniform Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215168", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall contract with NASBA for the administration of the UCPAE, in conjunction with the AICPA and a test vendor. The examination shall be offered as determined by the AICPA, NASBA, and the testing vendor. The examination may be offered at the following locations provided they are secure, approved and monitored by the board or its designee and the testing vendor:(1) at the board's office; and(2) at testing facilities established by NASBA and the testing vendor.(b) The board shall utilize the UCPAE available from the AICPA covering the following sections until such time as the UCPAE is restructured by the AICPA:(1) auditing and attestation;(2) business environment and concepts;(3) regulation; and(4) financial accounting and reporting.(c) If the UCPAE is restructured by the AICPA, the board shall utilize the UCPAE available from the AICPA that tests the knowledge and skills required for performance as a newly licensed certified public accountant. The examination shall include the subject areas of accounting and auditing and related knowledge and skills as the board may require. The board shall determine the manner in which credit for a subject is integrated into the new structure.(d) Effective January 1, 2024, the board shall utilize the UCPAE available from the AICPA covering the following sections:(1) auditing and attestation (AUD);(2) business analysis and reporting (BAR);(3) financial accounting and reporting (FAR);(4) information systems and controls (ISC);(5) taxation and regulation (REG); and(6) tax compliance and planning (TCP).(e) An applicant taking a section of the UCPAE shall pay an examination fee to NASBA, when required by NASBA, and an eligibility fee to the board pursuant to §521.14 of this title (relating to Eligibility Fee).(f) An applicant taking the examination is required to have in their possession the Notice to Schedule form provided by NASBA, a government-issued form of identification containing a photograph of the applicant, and a second form of identification such as a board-issued form.(g) An applicant taking the examination shall sign a statement of confidentiality and conduct which the applicant must follow during the entire examination.", "sourceNote": "Source Note: The provisions of this §511.72 adopted to be effective September 15, 1980, 5 TexReg 3563; amended to be effective November 1, 1989, 14 TexReg 5548; amended to be effective October 20, 1993, 18 TexReg 6952; amended to be effective February 27, 2000, 25 TexReg 1377; amended to be effective August 13, 2003, 28 TexReg 6273; amended to be effective February 4, 2004, 29 TexReg 967; amended to be effective February 17, 2008, 33 TexReg 1101; amended to be effective August 8, 2012, 37 TexReg 5772; amended to be effective February 8, 2017, 42 TexReg 425; amended to be effective June 5, 2019, 44 TexReg 2721; amended to be effective June 2, 2021, 46 TexReg 3403; amended to be effective February 2, 2022, 47 TexReg 302; amended to be effective April 12, 2023, 48 TexReg 1829." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215168", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.73", "label": "Notice to Applicant to Schedule Taking a CPA Exam Section" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205156", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Effective January 1, 2024, and upon approval of the eligibility application, the board shall inform an examination applicant that they have 180 days from the date of approval in which to take a section of the UCPAE.(b) An applicant is required to pay an examination fee to NASBA for the examination section for which the applicant has applied.(c) After payment of the examination fee, an applicant is required to schedule with the test vendor to take the section at a board-approved location.(d) An applicant who fails to pay the required examination fee to NASBA or fails to take a section of the UCPAE within the 180-day eligibility period must reapply to the board and pay the required fees to establish a new eligibility period.", "sourceNote": "Source Note: The provisions of this §511.73 adopted to be effective August 13, 2003, 28 TexReg 6273; amended to be effective February 17, 2008, 33 TexReg 1101; amended to be effective August 8, 2012, 37 TexReg 5772; amended to be effective October 4, 2023, 48 TexReg 5664." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205156", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.76", "label": "Examination Refund Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205157", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The eligibility fee paid to the board is not refundable or transferable.(b) The board, on behalf of an applicant, may request a refund of a portion of the examination fee paid to NASBA for scheduling a section of the UCPAE. The portion of the examination fee that is eligible for a refund is the fee paid for computer seat time and exam grading. NASBA may withhold a charge for refund processing. Examination fee refunds are subject to the following conditions:(1) An applicant because of extreme hardship is precluded from scheduling or taking the section of the UCPAE. Extreme hardship is defined as a serious illness of an applicant or member of the immediate family or death of an immediate family member. Immediate family member is a spouse, child, sibling or parent. Any other extreme hardship situation will be reviewed on a case-by-case basis by the board.(2) A request for refund based on extreme hardship must be in writing. Documentation of the extreme hardship that precluded an applicant from scheduling or taking the examination must be received by the board not later than 30 days after the applicant's eligibility to take the section of the examination expires.(c) No examination fee will be transferred to a subsequent examination.", "sourceNote": "Source Note: The provisions of this §511.76 adopted to be effective November 1, 1989, 14 TexReg 5549; amended to be effective October 30, 1991, 16 TexReg 5827; amended to be effective December 15, 1993, 18 TexReg 8910; amended to be effective December 14, 1999, 24 TexReg 11105; amended to be effective August 13, 2003, 28 TexReg 6274; amended to be effective August 8, 2012, 37 TexReg 5772; amended to be effective June 2, 2021, 46 TexReg 3404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205157", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.77", "label": "Scoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216512", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scoring of the UCPAE shall be performed by the AICPA, subject to the approval of the board. An applicant must earn a minimum passing score established through a psychometrically acceptable standard-setting procedure approved by the board. The minimum score is 75. The board shall establish a method for accurately tracking and recording an applicant's score. An applicant will be notified of the score no later than the 30th day after the day on which the board receives the applicant's score from NASBA, unless board action is pending; in which case, the applicant is precluded from receiving the UCPAE score until the board action is resolved. In no event will any information concerning the applicant's performance on the UCPAE be released to anyone other than the applicant unless the applicant has delivered written authorization to the board.(b) An applicant may request a score review of the UCPAE results from the most recent testing quarter established by the AICPA and shall pay the fee associated with the score review.(c) Applicants are advised ahead of time that fewer than 1% of all requested score reviews, since the inception of the UCPAE computer-based testing, have resulted in a change to a score.(d) The UCPAE results are subject to routine quality controls and are scored twice by the AICPA before scores are released to the board. The score review is a verification that the approved answer key was applied correctly to the UCPAE section and that the written communications questions were scored. The score review is not:(1) A regrading of the UCPAE section;(2) An opportunity to find additional points;(3) An opportunity to review content; or(4) An opportunity to have an alternate response considered.", "sourceNote": "Source Note: The provisions of this §511.77 adopted to be effective September 15, 1980, 5 TexReg 3563; amended to be effective October 30, 1991, 16 TexReg 5827; amended to be effective August 13, 2003, 28 TexReg 6274; amended to be effective February 17, 2008, 33 TexReg 1102; amended to be effective April 10, 2013, 38 TexReg 2222; amended to be effective February 8, 2017, 42 TexReg 425; amended to be effective June 2, 2021, 46 TexReg 3404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216512&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216512", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.80", "label": "Granting of Credit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205159", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall grant credit to an applicant for the satisfactory completion of a section of the UCPAE provided the applicant earns a passing score on the section as determined by board rule. The credit shall be valid for 30 months from the actual date of notification of passing score results. The 30 months may be temporarily extended by the executive director, in accordance with §901.307(b) of the Act (relating to Grading Examination), in order to provide for uniformity with other state regulatory authorities or for reasonably unforeseeable or uncontrollable events.(b) An applicant must pass the remaining sections within the next 30 months. Should an applicant's exam credit be invalidated due to the expiration of 30 months without earning credit on the remaining sections, the applicant remains qualified to take the examination.(c) An applicant receiving and retaining credit for every section on the UCPAE, within a 30-month period, shall be considered by the board to have completed the examination and may make application for certification as a CPA.(d) Effective January 1, 2024, an applicant under this section shall have 36 months from the time all test sections are passed to meet the education requirements of §511.164 of this chapter (relating to Definition of 150 Semester Hours to Qualify for Issuance of a Certificate) or the credit for all test sections will expire.(e) Effective January 1, 2024, an applicant who has an active credit on a section of the UCPAE shall have earned credit on the newly structured UCPAE as follows:(1) credit on auditing and attestation (AUD) shall transition to auditing and attestation (AUD);(2) credit on financial accounting and reporting (FAR) shall transition to financial accounting and reporting (FAR);(3) credit on regulation (REG) shall transition to taxation and regulation (REG); and(4) credit on business environment and concepts (BEC) shall not transition to a specific discipline as there is not an equivalent section, however, credit will be retained in lieu of a discipline.(f) Effective January 1, 2024, the Board shall grant credit to an applicant for the satisfactory completion of the following sections of the UCPAE provided the applicant earns a passing score on the section as determined by board rule. The credit shall be valid for 30 months from the actual date of notification of passing score results:(1) auditing and attestation (AUD);(2) financial accounting and reporting (FAR);(3) taxation and regulation (REG); and(4) one of the following discipline sections:(A) business analysis and reporting (BAR);(B) information systems and controls (ISC); or(C) tax compliance and planning (TCP).(g) An applicant who has received and retained credit for any or all sections on the UCPAE may transfer such credits to another licensing jurisdiction if the applicant pays in advance a transfer fee set by board rule as identified in §521.7 of this title (relating to Fee for Transfer of Credits).(h) If the UCPAE is restructured by the AICPA, the board shall determine the manner in which active credit earned prior to the restructure for a subject is integrated into the new UCPAE.(i) Credits earned between January 1, 2020 and January 1, 2024 that are no longer valid may be considered for reinstatement for not more than 18 months from the date that reinstatement occurs. The following conditions are required:(1) the applicant was impacted by an unforeseeable and uncontrollable event; and(2) the applicant provides documentation to substantiate the unforeseeable and uncontrollable event.(j) Interpretive Comment: For the purpose of this section unforeseeable and uncontrollable events include, but are not limited to, the health of the applicant, accidents limiting the applicant, military service, natural disasters, or acts of God.", "sourceNote": "Source Note: The provisions of this §511.80 adopted to be effective January 3, 1990, 14 TexReg 6758; amended to be effective October 30, 1991, 16 TexReg 5828; amended to be effective December 15, 1993, 18 TexReg 8911; amended to be effective February 27, 2000, 25 TexReg 1377; amended to be effective August 13, 2003, 28 TexReg 6274; amended to be effective February 17, 2008, 33 TexReg 1102; amended to be effective August 8, 2012, 37 TexReg 5773; amended to be effective June 7, 2017, 42 TexReg 2933; amended to be effective June 2, 2021, 46 TexReg 3404; amended to be effective February 2, 2022, 47 TexReg 302; amended to be effective February 8, 2023, 48 TexReg 517; amended to be effective October 4, 2023, 48 TexReg 5664; amended to be effective February 7, 2024, 49 TexReg 553." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205159", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.82", "label": "Application for Transfer of Credits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215170", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who has satisfactorily completed all or part of the UCPAE given by the licensing authority of another jurisdiction may make application to the board for the transfer of the credits provided:(1) the examination was prepared and scored by the AICPA;(2) the credits are active in the state of origin; and(3) the applicant meets the requirements in effect in the state of origin at the time credit was earned so long as the state's standards are equal to or higher than those prescribed in the Act.(b) The application shall be made on a form prescribed by the board, accompanied by the requisite fee set by the board and identified in §521.7 of this title (relating to Fee for Transfer of Credits). An applicant must also ensure that the board receives necessary documents from the licensing authority of another jurisdiction related to the applicant along with the scores made and credits earned by the applicant on all UCPAE that were taken under the jurisdiction of the licensing authority.(c) An applicant must meet all of the eligibility requirements of the Act and board rules at the time credits were earned on the UCPAE.(d) An applicant approved to transfer partial credits must then apply for the UCPAE.(e) An applicant approved to transfer credits must provide evidence of the completion of a three-semester hour board-approved ethics course prior to issuance of the CPA certificate.", "sourceNote": "Source Note: The provisions of this §511.82 adopted to be effective January 20, 1987, 12 TexReg 67; amended to be effective October 30, 1991, 16 TexReg 5828; amended to be effective February 27, 2000, 25 TexReg 1377; amended to be effective February 17, 2008, 33 TexReg 1103; amended to be effective August 8, 2012, 37 TexReg 5773; amended to be effective June 2, 2021, 46 TexReg 3404." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215170", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.83", "label": "Granting of Credit by Transfer of Credit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216513", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order for the board to grant credit to an applicant for partial completion of the UCPAE given by the licensing authority of another jurisdiction the applicant must have met the following requirements:(1) earned a score of 75 or higher on any section of the examination;(2) was awarded credit by the licensing authority of another jurisdiction for the section(s) taken while an applicant of that board; and(3) the credit awarded by the licensing authority of another jurisdiction has not expired.(b) If the board accepts transfers of credit, it will also accept transfers of credit for sections passed at subsequent examinations.(c) The grades made by an applicant on sections under consideration must be the ones reported to the licensing authority of another jurisdiction by the AICPA through NASBA.(d) An applicant allowed credit for each section passed must pass the remaining section(s) within the next 30 months from the date credit was awarded or forfeit credit received for that section.(e) Effective January 1, 2024, an applicant under this section shall have 36 months from the time all test sections are passed to meet the education requirements of §511.164 of this chapter (relating to Definition of 150 Semester Hours to Qualify for Issuance of a Certificate) or the credit for all test sections will expire.", "sourceNote": "Source Note: The provisions of this §511.83 adopted to be effective September 15, 1980, 5 TexReg 3563; amended to be effective August 28, 1984, 9 TexReg 4413; amended to be effective October 30, 1991, 16 TexReg 5828; amended to be effective February 27, 2000, 25 TexReg 1378; amended to be effective February 4, 2004, 29 TexReg 967; amended to be effective February 17, 2008, 33 TexReg 1103; amended to be effective August 8, 2012, 37 TexReg 5773; amended to be effective June 2, 2021, 46 TexReg 3405; amended to be effective October 4, 2023, 48 TexReg 5665." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216513", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.87", "label": "Loss of Credit" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205162", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant having earned credit under this Act or a prior Act and who has two testing quarters remaining before the expiration of credits earned shall be notified prior to each UCPAE of these facts.(b) An applicant failing to receive credit for all sections within the time limitation of this Act shall be notified that credits have expired.(c) The expiration of credits shall not hinder an applicant from reapplying for the examination.(d) Credits earned between January 1, 2020 and January 1, 2024 that are no longer valid may be considered for reinstatement for not more than 18 months from the date that reinstatement occurs. The following conditions are required:(1) the applicant was impacted by an unforeseeable and uncontrollable extreme hardship event; and(2) the applicant provides documentation to substantiate the unforeseeable and uncontrollable event.(e) An extreme hardship event that limits the applicant is defined as:(1) a serious illness of an applicant or member of the immediate family, which includes a spouse, child, sibling or parent;(2) death of an immediate family member;(3) accidents that impacts the applicant;(4) military service of the applicant; or(5) natural disasters that impacts the applicant.", "sourceNote": "Source Note: The provisions of this §511.87 adopted to be effective January 1, 1990, 14 TexReg 6647; amended to be effective February 4, 2004, 29 TexReg 967; amended to be effective February 9, 2006, 31 TexReg 700; amended to be effective February 17, 2008, 33 TexReg 1104; amended to be effective August 8, 2012, 37 TexReg 5773; amended to be effective June 2, 2021, 46 TexReg 3405; amended to be effective February 7, 2024, 49 TexReg 553." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205162", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.91", "label": "Board Responsibilities Regarding Requested Accommodations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205163", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board recognizes its responsibilities under Title II of the Americans with Disabilities Act to provide appropriate and effective accommodations, including auxiliary aids, to qualified examination applicants with disabilities. However, the Board will not fundamentally alter the measurement of the skills or knowledge the examination is intended to test.(b) The Board recognizes its responsibility to accommodate the identified needs of qualified individuals with disabilities by making reasonable modifications and/or providing auxiliary aids. This does not mean that all requests for accommodation, and/or auxiliary aids will be granted, or that the applicant will receive the particular accommodations or services sought at every testing center. The Board is not required to grant the request if doing so would fundamentally alter the measurement of the skills or knowledge the examination is intended to test, or would create an undue financial or administrative burden.", "sourceNote": "Source Note: The provisions of this §511.91 adopted to be effective May 6, 1997, 22 TexReg 3708; amended to be effective February 4, 2004, 29 TexReg 967; amended to be effective June 2, 2021, 46 TexReg 3405." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205163", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.92", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205164", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.(1) Disability--A physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; being regarded as having such an impairment.(2) Learning disability--Evidence of significant learning difficulties which substantially affect or limit one or more major life activities, and which are not primarily due to cultural, emotional, or motivational factors. The term does not include learning problems which are primarily the result of visual, hearing, or motor disabilities, intellectual disabilities, emotional disturbance, or of environmental, cultural, or economic disadvantage. Note that while some of these factors may be involved in other types of disabilities, such factors are excluded from the determination of a learning disability.(3) Major life activities--Walking, speaking, seeing, hearing, breathing, learning, working, caring for one's self, and any and all amendments to the Americans with Disabilities Act of 1990, as Amended in 2008 (42 U.S.C. 12102 (2)).(4) Mental impairment--Any mental or psychological disorder such as organic brain syndrome, emotional or mental illness, and specific learning disabilities.", "sourceNote": "Source Note: The provisions of this §511.92 adopted to be effective June 30, 1997, 22 TexReg 5926; amended to be effective February 27, 2000, 25 TexReg 1379; amended to be effective December 6, 2017, 42 TexReg 6796; amended to be effective June 2, 2021, 46 TexReg 3406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205164", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.93", "label": "Applicant's Responsibility for Requesting Accommodations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205165", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant seeking an accommodation is responsible for making a request for accommodation and providing documentation of the need with the Application of Intent or the Eligibility Application submitted to the board. This information shall be kept confidential to the extent provided by law. The board will evaluate each request individually, in accordance with the guidelines set forth herein, to provide an appropriate and effective accommodation. All requests to the board for accommodation shall be submitted on the prescribed form.", "sourceNote": "Source Note: The provisions of this §511.93 adopted to be effective May 6, 1997, 22 TexReg 3709; amended to be effective February 4, 2004, 29 TexReg 967; amended to be effective August 8, 2012, 37 TexReg 5774; amended to be effective June 2, 2021, 46 TexReg 3406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205165", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.94", "label": "Documentation of the Need for an Accommodation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157996", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements of an applicant requesting accommodation.(1) To protect the integrity of the testing process, the board requires documentation of the existence of a disability and reason the requested accommodation is necessary to provide the applicant with an equal opportunity to exhibit his/her knowledge, skills, and ability through the examination.(2) An applicant requesting an accommodation shall have the professional certifying to the disability provide all of the information listed in subsection (c) of this section. For subsequent examinations, the applicant who was earlier provided an accommodation shall submit a statement from the professional who previously certified to the disability condition stating that the disability condition has not changed to the extent that it would require a modification to the accommodation previously provided. The applicant is responsible for any costs involved in providing this documentation.(3) An evaluation and documentation supporting a disability shall be valid for three years from the date submitted to the board, except that no further documentation shall be required where the evaluation clearly states that the disability will not change in the future.(b) Additional requirements for an applicant with a learning disability.(1) The applicant shall demonstrate:(A) at least average overall intellectual functioning as measured by general cognitive ability tests; and(B) evidence of a significant impairment in one or more of the following areas of intellectual functioning and information processing:(i) attention and concentration;(ii) efficiency and speed of information processing;(iii) reception (perception and verbal comprehension);(iv) memory (ability for new learning);(v) cognition (thinking); and(vi) expression.(2) Significant impairment is generally determined by a discrepancy of 1.5 standard deviations, or more, between the applicant's intellectual functioning, as measured by general cognitive ability tests, and actual performance on reliable standardized measures of attention and concentration, memory, language reception and expression, cognition, as well as academic areas of reading, spelling, writing, and mathematics.(3) Further, determination of the learning disability shall be based on reliable standardized psychometric tests of achievement and ability and a complete clinical history including medical, family, developmental, educational and occupational information.(c) Information required to evaluate disabilities. An applicant who requests an accommodation and/or an auxiliary aid shall provide the board with the necessary information to evaluate the request. The board shall evaluate each request on a case-by-case basis. The following information is required to support requests for an accommodation and/or auxiliary aid:(1) identification of the type of disability (physical, mental, learning);(2) credential requirements of the evaluator:(A) For physical or mental disabilities (not including learning), the evaluator shall be a licensed physician or psychologist with special expertise in the area of the disability. If someone else who does not fit these criteria completes the evaluation, the board may reject the unqualified evaluation and require another evaluation by a professional of its choosing, and the request may be delayed.(B) In the case of learning disabilities, a qualified evaluator shall have sufficient experience to be considered qualified to evaluate the existence of learning disabilities and proposed accommodations needed for specific learning disabilities. The evaluator shall be one of the following:(i) a licensed physician or psychologist who possesses a minimum of three years experience working with adults with learning disabilities, and who has training in all of the areas described in clause (ii) of this subparagraph; or(ii) another professional who possesses a master's or doctoral degree in special education or educational psychology from an accredited institution, defined as being accredited or an applicant for accreditation, identified by the American Association of Collegiate Registrars and Admissions Officers, and who has at least three years of equivalent training and experience in all of the areas described in subclauses (I) - (IV) of this clause:(I) assessing intellectual ability level and interpreting tests of such ability;(II) screening for cultural, emotional, and motivational factors;(III) assessing achievement level; and(IV) administering tests to measure attention and concentration, memory, language reception and expression, cognition, reading, spelling, writing, and mathematics.(3) Professional verification of the disability, which shall include:(A) the nature and extent of the disability;(B) the test(s) performed to diagnose the disability, if applicable;(C) the effect of the disability on the applicant's ability to perform under standard testing conditions;(D) the recommended accommodation and how it relates to the applicant's disability, given the format of the examination;(E) the professional's name, title, telephone number, professional license or certification number, educational credential, and his/her original signature; and(F) a description of the professional's educational experience which qualifies him/her to make the determination.", "sourceNote": "Source Note: The provisions of this §511.94 adopted to be effective May 6, 1997, 22 TexReg 3709; amended to be effective August 8, 2012, 37 TexReg 5774; amended to be effective December 6, 2017, 42 TexReg 6796; amended to be effective June 2, 2021, 46 TexReg 3406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157996&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157996", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.95", "label": "Evaluation of the Accommodation Request" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205166", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board has the responsibility to evaluate the accommodation request and to approve, deny, or suggest alternative reasonable accommodations. The board may consider an applicant's history of accommodation in determining its reasonableness in relation to the currently identified impact of the disability.(b) If the board believes the requested accommodation is inappropriate, it shall consult with the applicant to reach a mutually agreeable solution, whenever possible. The board reserves the right to determine what it believes is a reasonable accommodation. However, if the board does not accept a qualified professional's most recent opinion supporting a requested accommodation and the required documentation is complete, the board shall bear the costs of gathering further evidence of the need for an accommodation.(c) The board shall give greater weight to a more recent diagnosis if the condition or available accommodations are subject to change. Alternative accommodations may be provided when they are recommended by a qualified professional as defined in §511.97 of this chapter (relating to Examination of Applicant Approved with Accommodation).", "sourceNote": "Source Note: The provisions of this §511.95 adopted to be effective May 6, 1997, 22 TexReg 3709; amended to be effective August 8, 2012, 37 TexReg 5774." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205166", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.96", "label": "Appeal from Denial of Request" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "182722", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an applicant's accommodation request is rejected, denied in whole or in part, or modified by the board for any reason, the applicant shall be notified in writing of the reason(s), postmarked no later than 30 days after the final filing date of the examination for which the applicant has applied. The 30 days may be extended when an applicant has been notified in writing that the applicant has failed to provide the complete information requested by the board. The board shall advise the applicant of the right to appeal, including the procedures to follow.(b) If the denial is based on the rejection of the professional's opinion supporting the request, the board shall support such rejection with evidence from another professional whom it has consulted in evaluating an applicant's request. The applicant shall be provided with the general opinion of the board's evaluator, including the basis for the opinion.(c) An applicant's appeal of a decision denying his/her request in whole or in part shall be in the form of a signed or otherwise verified request, including the following:(1) applicant's name;(2) date of request; and(3) facts in support of the appeal.(d) The appeal shall be accompanied by documentation not previously provided which an applicant wishes the board to consider in its decision. The appeal shall be received or postmarked no later than 20 days after the applicant receives notification of the denial.(e) The board reserves the right to request further evidence on the necessity of the accommodation. Based on its judgment, the board may request that an applicant submit to another professional examination to verify the disability and/or to determine what accommodations are most appropriate and effective. In such a case, the board shall assume responsibility for any expenses incurred in obtaining this information.", "sourceNote": "Source Note: The provisions of this §511.96 adopted to be effective May 6, 1997, 22 TexReg 3709; amended to be effective August 8, 2012, 37 TexReg 5774; amended to be effective February 8, 2017, 42 TexReg 425; amended to be effective June 2, 2021, 46 TexReg 3406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=182722&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "182722", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "D", "label": "CPA EXAMINATION" }, "rule": { "number": "§511.97", "label": "Examination of Applicant Approved with Accommodation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205167", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A listing of available accommodations shall be provided to the board by NASBA.(b) If the board approves the applicant's request for accommodation, the board will notify the applicant and NASBA not less than 30 days prior to the date that the applicant may test.(c) Upon arrival at the testing center the applicant may not delete accommodations or add accommodations to those the board has authorized.(d) There will be no additional fee charged to any candidate for an accommodation approved by the board under this rule.", "sourceNote": "Source Note: The provisions of this §511.97 adopted to be effective February 4, 2004, 29 TexReg 968; amended to be effective February 8, 2017, 42 TexReg 426." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205167", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "E", "label": "VENDOR REQUIREMENTS" }, "rule": { "number": "§511.103", "label": "Examination Scheduling" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205168", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant shall schedule the UCPAE through a call center or the internet at a website maintained by the vendor for that purpose. Contact information for the vendor call center and website is available at the board's office and through its website.(b) An applicant should schedule at least five days in advance of the test date. An applicant who schedules at least 45 days in advance of the requested exam session will be offered a seat on a specific date if requested and at a test center within 60 miles of the requested test center. If an applicant does not request a specific exam date, the applicant will be offered the first available exam date at the requested test center or at a test center within 60 miles of the requested test center.", "sourceNote": "Source Note: The provisions of this §511.103 adopted to be effective February 4, 2004, 29 TexReg 968; amended to be effective February 17, 2008, 33 TexReg 1104; amended to be effective August 8, 2012, 37 TexReg 5775; amended to be effective June 2, 2021, 46 TexReg 3407." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205168", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "E", "label": "VENDOR REQUIREMENTS" }, "rule": { "number": "§511.104", "label": "Test Center Locations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205169", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Test center locations are available on the vendor's website.(b) The board may require that the CPA exam be discontinued at a test center due to:(1) inadequate staffing;(2) breach in security; and/or(3) other conditions that are not in compliance with requirements set out by the Board, AICPA or NASBA.(c) All test center locations will conform to the standards established by the Americans with Disabilities Act of 1990, as amended.", "sourceNote": "Source Note: The provisions of this §511.104 adopted to be effective February 4, 2004, 29 TexReg 968; amended to be effective February 17, 2008, 33 TexReg 1105; amended to be effective February 8, 2017, 42 TexReg 426; amended to be effective June 2, 2021, 46 TexReg 3407." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205169", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "E", "label": "VENDOR REQUIREMENTS" }, "rule": { "number": "§511.105", "label": "Test Center Check-In" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205170", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for the UCPAE must present the Notice to Schedule, provided by NASBA, and two forms of identification to the test center administrator at the time of check-in to take a section of the exam. One form of identification must be a government-issued document, such as a valid driver's license or unexpired passport, and contain the photograph and signature of the applicant or other such document identified by NASBA. The applicant's name on the form of identification must match the Notice to Schedule and the record in the vendor's database of the applicant scheduled to take the exam.(b) An applicant is required to have his digital photograph and fingerprints taken by the test center administrator during check-in, and to be scanned by a hand-held metal detector wand before each entry into the testing room.(c) An applicant is permitted to take into the testing room only items authorized by the board, examined by the test center administrator, and not in violation of the vendor's security policy and procedures.", "sourceNote": "Source Note: The provisions of this §511.105 adopted to be effective February 4, 2004, 29 TexReg 968; amended to be effective February 17, 2008, 33 TexReg 1105; amended to be effective August 8, 2012, 37 TexReg 5775; amended to be effective June 2, 2021, 46 TexReg 3407." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205170", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "E", "label": "VENDOR REQUIREMENTS" }, "rule": { "number": "§511.106", "label": "Compliance with Test Center Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205171", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who fails to follow reasonable test center rules and procedures or who fails to operate the test center equipment with reasonable care may be removed from the test center and excluded from future examinations for up to five years.(b) The board shall be informed of the removal and exclusion of an applicant.(c) In accordance with §511.70 of this chapter (relating to Grounds for Disciplinary Action of Applicants), the board may conduct an investigation of the alleged violation. If the violation is substantiated, the board may take disciplinary action against the applicant which may include prohibiting the applicant from taking the UCPAE for a period of not more than five years.", "sourceNote": "Source Note: The provisions of this §511.106 adopted to be effective February 4, 2004, 29 TexReg 968; amended to be effective August 8, 2012, 37 TexReg 5775; amended to be effective June 2, 2021, 46 TexReg 3408." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205171", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "E", "label": "VENDOR REQUIREMENTS" }, "rule": { "number": "§511.107", "label": "No-Show, Late Arrival and Late Cancellation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205174", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant is not eligible for a refund of the hourly testing fee if the applicant:(1) fails to appear for a scheduled section of the UCPAE;(2) arrives more than 30 minutes after the scheduled start time for taking the section of the UCPAE and is refused admission to the exam; or(3) changes or cancels a section of the UCPAE after the applicable Test Cancellation/Change Deadline.(b) An applicant may be charged a reasonable fee for a rescheduled exam or cancellation.(1) An applicant who requests a change in scheduling or cancellation 30 or more days prior to the original day of testing will not be charged an additional fee.(2) An applicant who requests a change in scheduling or cancellation from 29 to six days prior to the original day of testing will be charged an additional fee set by the test vendor. The applicant must make direct contact by noon of the fifth business day before the day of the exam with personnel at the call center or through the vendor's website. Leaving a message on a recorder or a voice mail is not sufficient to confirm a change or cancellation.(3) An applicant who requests a change in scheduling or cancellation less than six days prior to the original day of testing will be charged an additional fee equal to the amount of the full test fee.", "sourceNote": "Source Note: The provisions of this §511.107 adopted to be effective February 4, 2004, 29 TexReg 968; amended to be effective February 17, 2008, 33 TexReg 1105; amended to be effective August 8, 2012, 37 TexReg 5776; amended to be effective June 2, 2021, 46 TexReg 3408." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205174", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "F", "label": "EXPERIENCE REQUIREMENTS" }, "rule": { "number": "§511.121", "label": "Application for Approval of Experience" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215171", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board, through an applicant's submission of qualifying supervised work experience, shall insure that the applicant applying for the CPA certificate has demonstrated high standards of professional competence, integrity, independence, and learning.(b) Acceptable work experience defined in §511.123 of this chapter (relating to Reporting Work Experience) shall be gained in at least one of the following areas:(1) attest services as defined in §501.52(4) of this title (relating to Definitions);(2) professional accounting services or professional accounting work as defined in §501.52(22) of this title.(c) The board, on a case-by-case basis, may approve other areas of work experience which are recognized as non-routine accounting work.(d) An applicant for certification as a CPA shall submit an application for approval of work experience. The application shall be made on a form prescribed by the board and submitted after completion of the UCPAE.(e) Acceptable work experience shall be commensurate with the provision of §901.256 of the Act (relating to Work Experience Requirements).(f) No advance rulings on the acceptance of work experience will be given.", "sourceNote": "Source Note: The provisions of this §511.121 adopted to be effective September 15, 1980, 5 TexReg 3563; amended to be effective April 1, 1982, 7 TexReg 818; amended to be effective January 1, 1990, 14 TexReg 6648; amended to be effective October 30, 1991, 16 TexReg 5829; amended to be effective June 14, 1996, 21 TexReg 4998; amended to be effective February 27, 2000, 25 TexReg 1379; amended to be effective February 17, 2008, 33 TexReg 1106; amended to be effective June 7, 2012, 37 TexReg 4050; amended to be effective June 10, 2015, 40 TexReg 3568; amended to be effective February 8, 2017, 42 TexReg 427; amended to be effective June 2, 2021, 46 TexReg3408." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215171", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "F", "label": "EXPERIENCE REQUIREMENTS" }, "rule": { "number": "§511.122", "label": "Acceptable Work Experience" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205175", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Work experience shall be gained under the supervision of CPAs who are currently licensed and in good standing with this board or with another state board of accountancy as defined in §511.124 of this chapter (relating to Acceptable Supervision), and who is experienced in the non-routine accounting area assigned to the applicant.(b) Non-routine accounting involves attest services as defined in §501.52(4) of this title (relating to Definitions), or professional accounting services or professional accounting work as defined in §501.52(22) of this title, and the use of independent judgment, applying professional accounting knowledge and skills to select, correct, organize, interpret, and present real-world data as accounting entries, reports, statements, and analyses extending over a diverse range of tax, accounting, assurance, and control situations.(c) Acceptable work experience shall be gained in the following categories or in any combination of these:(1) Client practice of public accountancy. All client practice of public accountancy experience shall be of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters and the applicant is supervised, evaluated and reviewed by a CPA who is currently licensed and in good standing in a properly licensed CPA firm that is in good standing with the firm's licensing board.(2) Unlicensed business entity. Work experience gained in an unlicensed business entity shall be of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters and the applicant is supervised, evaluated and reviewed by a CPA who is currently licensed and in good standing. Unlicensed business entity experience may include, but is not limited to:(A) providing management or financial advisory or consulting services;(B) preparing tax returns;(C) providing advice in tax matters;(D) providing forensic accounting services;(E) providing internal auditing services; and(F) business valuation services.(3) Industry practice. All work experience gained in industry shall be internal to the organization and of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters and may include: providing management or financial advisory internal services; preparing tax returns; providing advice in tax matters; providing forensic accounting services; and providing internal auditing services.(A) Examples of industries may include, but are not limited to:(i) commercial business enterprise;(ii) non-profit/charitable organization;(iii) financial institution; and(iv) health care entity.(B) Acceptable industry work experience positions may include, but are not limited to:(i) internal auditor;(ii) staff, senior, fund or tax accountant;(iii) accounting, financial or accounting systems analyst; and(iv) controller.(4) Government practice. All work experience gained in government shall be of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters and which meets the criteria in subparagraphs (A) - (E) of this paragraph. The board will review on a case-by-case basis experience which does not clearly meet the criteria identified in subparagraphs (A) - (E) of this paragraph. Acceptable government work experience includes, but is not limited to:(A) employment in state government as an accountant or auditor at Salary Classification B14 or above, or a comparable rating;(B) employment in federal government as an accountant, auditor or IRS revenue agent;(C) employment as a special agent accountant with the Federal Bureau of Investigation or equivalent position at a governmental entity;(D) military service, as an accountant or auditor as a Second Lieutenant or above; and(E) employment with other governmental entities as an accountant or auditor.(5) Law firm practice. All work experience gained in a law firm shall be of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters comparable to the experience ordinarily found in a CPA firm, shall be under the supervision of a CPA or an attorney, and shall be in one or more of the following areas:(A) tax-planning, compliance and litigation; and(B) estate planning.(6) Education.(A) Internal work experience gained at an educational institution shall be of a non-routine accounting nature which continually requires independent thought and judgment on important accounting matters and may include: providing management or financial advisory internal services; preparing tax returns; providing advice in tax matters; providing forensic accounting services; and providing internal auditing services without an opinion.(B) Work experience gained as an instructor at an educational institution may qualify if evidence is presented showing independent thought and judgment was used on non-routine accounting matters. Only the teaching of upper division courses on a full-time basis may be considered. All experience shall be supervised by the department chair or a faculty member who is a CPA.(7) Internship. The board will consider, on a case-by-case basis, experience acquired through an approved accounting internship program, provided that the experience was non-routine accounting as defined by subsection (b) of this section.(8) Other. Work experience gained in other positions may be approved by the board as experience comparable to that gained in the practice of public accountancy under the supervision of a CPA upon certification by the person or persons supervising the applicant that the experience was of a non-routine accounting nature which continually required independent thought and judgment on important accounting matters.(9) Self-employment may not be used to satisfy the work experience requirement unless approved by the board.", "sourceNote": "Source Note: The provisions of this §511.122 adopted to be effective September 4, 1990, 15 TexReg 4817; amended to be effective September 3, 1993, 18 TexReg 5588; amended to be effective June 14, 1996, 21 TexReg 4998; amended to be effective October 11, 1998, 23 TexReg 9980; amended to be effective February 12, 2003, 28 TexReg 1185; amended to be effective August 17, 2008, 33 TexReg 6373; amended to be effective June 7, 2012, 37 TexReg 4050; amended to be effective June 10, 2015, 40 TexReg 3568; amended to be effective February 8, 2017, 42 TexReg 427; amended to be effective April 18, 2018, 43 TexReg 2274; amended to be effective October 10, 2019, 44 TexReg 5781;amended to be effective June 2, 2021, 46 TexReg 3408; amended to be effective October 4, 2023, 48 TexReg 5665." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205175", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "F", "label": "EXPERIENCE REQUIREMENTS" }, "rule": { "number": "§511.123", "label": "Reporting Work Experience" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205176", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board requires a minimum of one year of work experience as described in §511.122 of this chapter (relating to Acceptable Work Experience) which shall be obtained in one of the following ways:(1) full-time employment consisting of 40 or more hours per week completed in no less than 12 months; or(2) part-time employment consisting of a minimum of 20 hours per week until 2000 hours of accounting work experience have been completed. Part-time work experience must be completed in no more than 24 months from the date the work begins.(b) All work experience presented to the board for consideration shall be accompanied by the following items:(1) a statement from the supervising CPA describing the non-routine work performed by the applicant and a description of the important accounting matters requiring the applicant's independent thought and judgment;(2) a statement from the supervising CPA describing the type of experience that the CPA possesses which qualifies the CPA to supervise the applicant; and(3) an affidavit from the supervising CPA stating that he has supervised the applicant's work; and offers his opinion that the applicant is qualified to perform all the accounting related work assigned to the applicant in accordance with the professional standards required by the board as defined in §501.62 of this title (relating to Other Professional Standards).", "sourceNote": "Source Note: The provisions of this §511.123 adopted to be effective July 9, 1990, 15 TexReg 3697; amended to be effective June 14, 1996, 21 TexReg 4999; amended to be effective February 4, 2004, 29 TexReg 969; amended to be effective February 17, 2008, 33 TexReg 1106; amended to be effective June 7, 2012, 37 TexReg 4051; amended to be effective March 29, 2017, 42 TexReg 1441; amended to be effective December 6, 2017, 42 TexReg 6797; amended to be effective October 10, 2019, 44 TexReg 5781; amended to be effective June 2, 2021, 46 TexReg 3409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205176", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "F", "label": "EXPERIENCE REQUIREMENTS" }, "rule": { "number": "§511.124", "label": "Acceptable Supervision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221080", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acceptable supervision must be performed by a CPA experienced in the non-routine accounting area assigned to an applicant and who holds an active license or permit in this state or another state and has not been exempted from the board's CPE during the period of supervision. If the applicant's work experience and CPA supervision is gained through the client practice of public accountancy, as defined in §511.122 of this chapter (relating to Acceptable Work Experience), the CPA and the CPA firm must be properly licensed and in good standing with the licensing board where the applicant performs the work experience.(1) Supervision is provided whenever the person being supervised reports to, is instructed by, is reviewed by, and is evaluated directly by the supervisor. The supervisor in this capacity may be in an intermediate level of supervision above the applicant.(2) Where there is no CPA, acceptable supervision may be gained if the following conditions are met:(A) a properly licensed CPA firm that is in good standing with the firm's licensing board is engaged to provide supervision, review, and evaluation of work experience; and(B) the supervision, review, and evaluation of work is performed on a routine and recurring basis to permit the CPA firm to provide documentation of work experience;(C) the CPA firm does not perform attest services for which independence is required for the applicant or the applicant's employer; and(D) the CPA assigned to provide the supervision is employed by the CPA firm and is currently licensed and in good standing with the firm's licensing board and experienced to provide such supervision in the non-routine accounting area assigned to the applicant.(3) Telecommunications equipment and computers may be used to facilitate supervision. The board requires detailed documentation if such devices are used to facilitate supervision.(b) It is the responsibility of an applicant to document that supervision was adequate and effective in any situations inconsistent with the above examples.", "sourceNote": "Source Note: The provisions of this §511.124 adopted to be effective September 14, 1990, 15 TexReg 5022; amended to be effective April 24, 1996, 21 TexReg 3186; amended to be effective February 12, 2003, 28 TexReg 1186; amended to be effective August 8, 2012, 37 TexReg 5776; amended to be effective April 18, 2018, 43 TexReg 2274; amended to be effective June 2, 2021, 46 TexReg 3409." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221080", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "H", "label": "CERTIFICATION" }, "rule": { "number": "§511.161", "label": "Qualifications for Issuance of a Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205178", "queryAsDate": "03/11/2026" }, "ruleBody": "The certificate of a CPA shall be granted by the board to an applicant who qualifies under the current Act and has met the following qualifications:(1) successfully completed the UCPAE;(2) met the education requirements in §511.164 of this chapter (relating to Definition of 150 Semester Hours to Qualify for Issuance of a Certificate);(3) successfully completed a 3-semester hour board-approved ethics course as defined by §511.164 of this chapter;(4) submitted an application prescribed by the board;(5) submitted the requisite fee, set by the board, for issuance of the certificate;(6) provided evidence of a lack of a history of dishonest or felonious acts or any criminal activity that might be relevant to the applicant's qualifications;(7) completed the fingerprint process that accesses the Federal Bureau of Investigation (FBI) and the Texas Department of Public Safety - Crime records division files;(8) submitted, on a form prescribed by the board, evidence of completion of the work experience requirements commensurate with the education requirements;(9) executed an oath of office stating support of the Constitution of the United States and of this state and the laws thereof, and compliance with the board's Rules of Professional Conduct;(10) successfully completed the examination on the board's Rules of Professional Conduct; and(11) provided any other information requested by the board.", "sourceNote": "Source Note: The provisions of this §511.161 adopted to be effective April 10, 1990, 15 TexReg 1697; amended to be effective October 30, 1991, 16 TexReg 5829; amended to be effective September 3, 1993, 18 TexReg 5588; amended to be effective December 10, 1998, 23 TexReg 12306; amended to be effective February 27, 2000, 25 TexReg 1379; amended to be effective February 4, 2004, 29 TexReg 969; amended to be effective February 17, 2008, 33 TexReg 1106; amended to be effective August 8, 2012, 37 TexReg 5776; amended to be effective December 4, 2019, 44 TexReg 7390; amended to be effective June 2, 2021, 46 TexReg 3409; amended to be effective October 4, 2023,48TexReg 5665; amended to be effective October 9, 2024, 49 TexReg 8086." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205178", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "H", "label": "CERTIFICATION" }, "rule": { "number": "§511.162", "label": "Application for Issuance of the Certificate by Exam After Completion of the CPA Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219853", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application for issuance of the CPA certificate must be made on forms prescribed by the board and shall be in compliance with board rules and with all applicable laws.(b) The board will provide an application for issuance of the CPA certificate to an applicant who successfully completes the UCPAE, and thereafter as requested by the same applicant.(c) An applicant must submit with the issuance application all information required in §511.161 of this chapter (relating to Qualifications for Issuance of a Certificate).(d) An applicant must submit with the application for issuance of a certificate the requisite fee in accordance with §521.9 of this title (relating to Certification Fee).(e) An applicant must comply with the board's procedure to obtain criminal history record information in accordance with an established fingerprint process that accesses the Federal Bureau of Investigation (FBI) and the Texas Department of Public Safety - Crime records division files in order to ensure that the applicant lacks a history of dishonest or felonious acts and for the board to be aware of any criminal activity that might be relevant to the applicant's qualifications.", "sourceNote": "Source Note: The provisions of this §511.162 adopted to be effective January 1, 1990, 14 TexReg 6648; amended to be effective October 30, 1991, 16 TexReg 5829; amended to be effective February 27, 2000, 25 TexReg 1380; amended to be effective August 8, 2012, 37 TexReg 5777; amended to be effective February 8, 2017, 42 TexReg 427; amended to be effective December 4, 2019, 44 TexReg 7390; amended to be effective June 2, 2021, 46 TexReg 3410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219853", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "H", "label": "CERTIFICATION" }, "rule": { "number": "§511.163", "label": "Examination on the Board's Rules of Professional Conduct Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226316", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant applying for the issuance of the CPA certificate must pass an examination on the board's Rules of Professional Conduct.(1) The examination on the Rules of Professional Conduct must be completed not more than six months prior to the issuance of the CPA certificate.(2) A grade of 85% or higher on the exam is considered passing.", "sourceNote": "Source Note: The provisions of this §511.163 adopted to be effective January 11, 1990, 15 TexReg 29; amended to be effective December 10, 1998, 23 TexReg 12306; amended to be effective February 29, 2000, 25 TexReg 1627; amended to be effective June 11, 2008, 33 TexReg 4503; amended to be effective August 8, 2012, 37 TexReg 5777; amended to be effective March 29, 2017, 42 TexReg 1441; amended to be effective July 31, 2024, 49 TexReg 5535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226316", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "511", "label": "ELIGIBILITY" }, "subchapter": { "number": "H", "label": "CERTIFICATION" }, "rule": { "number": "§511.164", "label": "Qualification for Issuance of a Certificate with not Fewer than 150 Semester Hours" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226317", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify for the issuance of a CPA certificate, an applicant must hold at a minimum a baccalaureate degree, conferred by a board-recognized institution of higher education as defined by §511.52 of this chapter (relating to Recognized Institutions of Higher Education), and have completed the board-recognized coursework identified in paragraphs (1), or (2), and (3) - (5) this section:(1) effective through July 31, 2026, at least 27 semester hours or quarter-hour equivalents of upper level accounting courses as defined by §511.57 of this chapter (relating to Courses in an Accounting Concentration to take the UCPAE) to include a minimum of two semester credit hours in research and analysis;(2) effective August 1, 2026, at least 30 semester hours or quarter-hour equivalents of upper level accounting courses as defined by §511.57 of this chapter; (3) no fewer than 24 semester hours or quarter-hour equivalents of upper level related business courses, as defined by §511.58 of this chapter (relating to Related Business Subjects);(4) although not required to meet subsection (a)(5) of this section, the board may accept not more than six hours or quarter hour equivalents of CPA review coursework completed at a board-recognized institution of higher education; and(5) academic coursework at an institution of higher education as defined by §511.52 of this chapter, when combined with paragraphs (1) - (4) of this subsection meets or exceeds 150 semester hours. An applicant who has met paragraphs (1) - (3) of this subsection may use a maximum of 9 total semester credit hours of undergraduate or graduate independent study and/or internships as defined in §511.51(b)(4) or §511.51(b)(5) of this chapter (relating to Educational Definitions) to meet this paragraph. The courses shall consist of:(A) a maximum of three semester credit hours of independent study courses; and(B) a maximum of six semester credit hours of accounting/business course internships including the coursework used to meet §511.58 of this chapter (relating to Related Business Subjects).(b) The following courses, courses of study, certificates, and programs may not be used to meet the 150 semester hour requirement:(1) remedial or developmental courses offered at an educational institution; and(2) credits awarded for coursework taken through the following organizations and shown on a transcript from an institution of higher education may not be used to meet the requirement of this chapter:(A) American College Education (ACE);(B) Prior Learning Assessment (PLA);(C) Defense Activity for Non-Traditional Education Support (DANTES);(D) Defense Subject Standardized Test (DSST); and(E) StraighterLine.(c) The hours from a course that has been repeated will be counted only once toward the required semester hours.(d) The work experience shall be at least one year of full time non-routine accounting experience as defined by §511.122 and §511.123 of this chapter (relating to Acceptable Work Experience and Reporting Work Experience) and supervised by a CPA as defined by §511.124 of this chapter (relating to Acceptable Supervision).", "sourceNote": "Source Note: The provisions of this §511.164 adopted to\r\nbe effective October 4, 2023, 48 TexReg 5666; amended to be effective\r\nFebruary 7, 2024, 49 TexReg 554; amended to be effective October 9,\r\n2025, 50 TexReg 6489." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226317&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226317", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "512", "label": "CERTIFICATION BY RECIPROCITY" }, "rule": { "number": "§512.1", "label": "Certification as a Certified Public Accountant by Reciprocity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158008", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The certificate of a \"certified public accountant\" shall be granted by reciprocity to an applicant who is qualified under §901.259 of the Act (relating to Certification Based on Reciprocity) or §901.260 of the Act (relating to Certificate Based on Foreign Credentials) and lacks a history of dishonest or felonious acts and any criminal activity that might be relevant to the applicant's qualifications as provided for in §901.253 of the Act (relating to Background Investigation). The applicant must provide in the application for reciprocity the names of all the jurisdictions in which the applicant is or has been certified and/or licensed and all disciplinary actions taken or pending in those jurisdictions.(b) Each applicant shall submit to the Department of Public Safety a complete and legible set of fingerprints from a vendor approved by the Department of Public Safety in conjunction with the application for the purpose of obtaining criminal history record information. (c) An applicant from a domestic jurisdiction demonstrates that he meets the requirements for certification by reciprocity by:(1) satisfying at least one of the following conditions:(A) the applicant meets all requirements for issuance of a certificate in this state other than the requirement providing the grades necessary to pass the uniform CPA examination;(B) the applicant met the requirements in effect for issuance of a certificate in this state on the date the applicant was issued a certificate or license by another domestic jurisdiction; or(C) after passing the UCPAE, the applicant has completed at least four years of experience practicing public accountancy within the ten year period immediately preceding the date of application in this state; and(2) meeting CPE requirements applicable to certificate holders contained in Chapter 523 of this title (relating to Continuing Professional Education).(d) An applicant from a foreign jurisdiction demonstrates that he meets the requirements for certification by reciprocity by:(1) holding a credential that has not expired or been revoked, suspended, limited or probated, and that entitles the holder to issue reports on financial statements issued by a licensing authority or professional accountancy body of another country that:(A) regulates the practice of public accountancy and whose requirements to obtain the credential have been determined by the board to be substantially equivalent to the requirements of education, examination and experience contained in the Act; and(B) grants credentials by reciprocity to applicants certified to practice public accountancy by this state;(2) receiving that credential based on education and examination requirements that were comparable to or exceeded those required by the Act at the time the credential was granted;(3) completing an experience requirement in the foreign jurisdiction that issued the credential that is comparable to or exceeds the experience requirement of the Act or has at least four years of professional accounting experience in this state;(4) passing an international qualifying examination (IQEX) covering national standards that has been approved by the board; and(5) passing an examination that has been approved by the board covering the rules of professional conduct in effect in this state.", "sourceNote": "Source Note: The provisions of this §512.1 adopted\r\nto be effective August 4, 2004, 29 TexReg 7305; amended to be effective\r\nAugust 17, 2008, 33 TexReg 6374; amended to be effective June 17,\r\n2009, 34 TexReg 3948; amended to be effective August 8, 2012, 37 TexReg\r\n5777; amended to be effective June 7, 2017, 42 TexReg 2933; amended\r\nto be effective October 10, 2019, 44 TexReg 5781; amended to be effective\r\nFebruary 5, 2020, 45 TexReg 760; amended to be effective October 9,\r\n2025, 50 TexReg 6490." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158008", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "512", "label": "CERTIFICATION BY RECIPROCITY" }, "rule": { "number": "§512.3", "label": "Evaluation of Foreign Credentials by the U.S. IQAB" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226318", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board recognizes the existence of the U.S. IQAB, a joint body of NASBA and the AICPA, which is charged with:(1) evaluating the professional credentialing process of CPAs, or their equivalents, from countries other than the United States; and(2) negotiating principles of reciprocity agreements with the appropriate professional and/or governmental bodies of other countries seeking recognition as having requirements substantially equivalent to the requirements for the certificate of a CPA in the United States.(b) Upon determination by the U.S. IQAB that a foreign jurisdiction had education, examination and experience requirements that are comparable to or exceed those requirements in effect in this state on the date the foreign credential was granted and the foreign jurisdiction issues credentials by reciprocity to holders of a certificate issued by the board, the board shall designate that foreign jurisdiction as being substantially equivalent for certification by reciprocity under this chapter.(c) The board shall honor the terms of all reciprocity agreements issued by U.S. IQAB and shall issue a certificate by reciprocity to the extent required by a United States treaty.", "sourceNote": "Source Note: The provisions of this §512.3 adopted to be effective August 4, 2004, 29 TexReg 7305; amended to be effective August 8, 2012, 37 TexReg 5778." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226318", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "512", "label": "CERTIFICATION BY RECIPROCITY" }, "rule": { "number": "§512.4", "label": "Application for Certification by Reciprocity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184630", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant seeking certification by reciprocity must apply for certification on a form prescribed by the board. The application must be accompanied by the requisite fee and shall include written authorization from the applicant empowering the board to obtain all information concerning the applicant's qualifications and present standing.(b) An applicant for certification by reciprocity from a domestic jurisdiction must submit the following along with the completed application form and requisite fee to be processed:(1) verification of the education and experience required from the domestic jurisdiction of origin upon applicant's certification; (2) verification of license status in any domestic jurisdiction where the applicant is or has been licensed as a CPA;(3) an executed oath of office stating support of the Constitutions of the United States and of the State of Texas and their laws and the rules of the board;(4) evidence of completion of an examination on the board's Rules of Professional Conduct;(5) evidence of completion of 120 credits of CPE during the last three years, including a board-approved four-credit ethics course; in compliance with Chapter 523 of this title (relating to Continuing Professional Education);(6) evidence of completion of the board's procedure to investigate the background of applicants in accordance with the established fingerprint process that accesses the Federal Bureau of Investigation (FBI) database and the Texas Department of Public Safety - Crime Records division files in order to ensure the applicant lacks a history of dishonest or felonious acts and for the board to be aware of any criminal activity that might be relevant to the applicant's qualifications; and(7) any other information requested by the board.(c) An applicant for certification by reciprocity from a foreign jurisdiction that has been approved as being substantially equivalent by both U.S. IQAB and the board must submit the following along with the completed application form and requisite fee to be processed:(1) a certificate of good standing of credentials to practice public accountancy from the foreign jurisdiction of origin;(2) an executed oath of office stating support of the Constitutions of the United States and of the State of Texas and their laws and the rules of the board;(3) evidence of a passing grade on the IQEX;(4) evidence of a passing grade on a board approved examination on the board's Rules of Professional Conduct;(5) evidence of the completion of a board-approved four-credit ethics course;(6) evidence of completion of the board's procedure to investigate the background of applicants in accordance with the established fingerprint process that accesses the Federal Bureau of Investigation (FBI) database and the Texas Department of Public Safety - Crime Records division files in order to ensure the applicant lacks a history of dishonest or felonious acts and for the board to be aware of any criminal activity that might be relevant to the applicant's qualifications; and(7) any other information requested by the board.(d) All correspondence and supporting documentation submitted to the board shall be in English or accompanied by a certified translation into English of such documents.", "sourceNote": "Source Note: The provisions of this §512.4 adopted to be\r\neffective August 4, 2004, 29 TexReg 7305; amended to be effective\r\nAugust 17, 2008, 33 TexReg 6375; amended to be effective August 8,\r\n2012, 37 TexReg 5778; amended to be effective June 7, 2017, 42 TexReg\r\n2933; amended to be effective December 4, 2019, 44 TexReg 7391; amended\r\nto be effective March 31, 2021, 46 TexReg 2019; amended to be effective\r\nOctober 9, 2025, 50 TexReg 6490." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184630&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184630", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "512", "label": "CERTIFICATION BY RECIPROCITY" }, "rule": { "number": "§512.5", "label": "Examination Authorization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173604", "queryAsDate": "03/11/2026" }, "ruleBody": "The board approves a passing score on the IQEX, written and graded by the AICPA as a measure of professional competency satisfactory to obtain a Texas certificate by reciprocity from a foreign jurisdiction.", "sourceNote": "Source Note: The provisions of this §512.5 adopted to be effective August 4, 2004, 29 TexReg 7305; amended to be effective August 8, 2012, 37 TexReg 5778; amended to be effective June 7, 2017, 42 TexReg 2934." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173604&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173604", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "512", "label": "CERTIFICATION BY RECIPROCITY" }, "rule": { "number": "§512.6", "label": "Reciprocal Fee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205179", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant making application for a certificate by reciprocity must submit a processing fee as stated in §521.3 of this title (relating to Fee for Certification by Reciprocity). The applicant must submit the license fee upon notification from the board that the application has been approved.(b) All the requirements for certification must be completed by the applicant within six months after the board's date of receipt of the application. If all the requirements are not completed within six months, the application will be denied. The processing fee paid will not be refunded.(c) If an applicant does not meet the requirements of the board for a certificate by reciprocity the application shall be denied. The processing fee paid will not be refunded.", "sourceNote": "Source Note: The provisions of this §512.6 adopted to be effective August 4, 2004, 29 TexReg 7305; amended to be effective August 17, 2008, 33 TexReg 6375; amended to be effective August 8, 2012, 37 TexReg 5778; amended to be effective October 7, 2015, 40 TexReg 6898." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205179", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "513", "label": "REGISTRATION" }, "subchapter": { "number": "A", "label": "REGISTRATION OF CPAS AND PERSONS HOLDING SIMILAR TITLES IN FOREIGN COUNTRIES" }, "rule": { "number": "§513.1", "label": "Registration of Foreign Practitioners with Substantially Equivalent Qualifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184632", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual who holds a valid certificate or other credential issued by a foreign jurisdiction that allows the individual to practice public accountancy in the issuing jurisdiction may, if that certificate or credential remains in good standing in the issuing jurisdiction, be registered with the board.(b) A foreign practitioner registered with the board shall be allowed to use the title \"Certified Public Accountant of __________\" (indicating the foreign jurisdiction that issued his credential), or may use the title held in the foreign jurisdiction that issued his credential, provided that the foreign jurisdiction is indicated. This title may not be used unless followed by the name of the foreign jurisdiction.(c) A foreign practitioner registered with the board must comply with the board's Code of Professional Conduct.(d) A foreign practitioner registered with the board must renew his registration and license annually in the manner provided for renewal of a license in the Act. The registered foreign practitioner must submit a certificate verifying the continued existence of his foreign certificate or other credential in good standing from the foreign jurisdiction of origin with each renewal. A registration and license issued under §901.355 of the Act (relating to Registration for Certain Foreign Applicants) is automatically revoked if the foreign practitioner does not continue to hold a current certificate or other credential from the foreign jurisdiction of origin.", "sourceNote": "Source Note: The provisions of this §513.1 adopted to be effective August 4, 2004, 29 TexReg 7306; amended to be effective August 17, 2008, 33 TexReg 6375; amended to be effective June 7, 2017, 42 TexReg 2934; amended to be effective June 2, 2021, 46 TexReg 3410." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184632", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "513", "label": "REGISTRATION" }, "subchapter": { "number": "B", "label": "REGISTRATION OF CPA FIRMS" }, "rule": { "number": "§513.10", "label": "Firm License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226319", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A firm providing attest services or using the titles CPAs, CPA Firm, Certified Public Accountants, Certified Public Accounting Firm, Auditing Firm, or a variation of any of those titles shall do so only through a licensed firm.(b) To be eligible for a firm license, the firm must show:(1) that a majority of the ownership of the firm, in terms of both financial interests and voting rights, belongs to individuals who hold certificates issued under this chapter or are licensed as a CPA in another state; or(2) that when the firm ownership includes professional organizations, as defined in §301.003(7) of the Texas Business Organizations Code, the professional organizations must be owned by individuals that hold a certificate issued under this chapter or are licensed in another state; and(3) that all attest services performed by the firm in this state are under the supervision of an individual within the firm who holds a certificate issued by the board or by another state that has not been suspended or revoked.(c) Financial interests shall include but shall not be limited to stock shares, capital accounts, capital contributions, and equity interests of any kind. Financial interests also include contractual rights and obligations similar to those of partners, shareholders or other owners of an equity interest in a legal entity.(d) Voting rights shall include but shall not be limited to any right to vote on the firm's ownership, business, partners, shareholders, management, profits, losses and/or equity ownership.(e) Interpretive comment: A licensee offering non-attest services as defined in §901.005 of the Act (relating to Findings; Public Policy; Purpose) through an unlicensed firm in accordance with §501.81(d) of this title may not use the CPA designation in the unlicensed firm's name. For example: John Smith may not use the firm name \"John Smith, CPA\" unless the firm is licensed by the board.(f) Interpretive comment: §901.351(a) of the Act (relating to Firm License Required), §501.81(a) of this title and subsection (a) of this section require a firm license in order to use the CPA designation except as provided for in §501.81(d) of this title.(g) Interpretive comment: A professional organization includes a professional corporation or professional limited liability company.", "sourceNote": "Source Note: The provisions of this §513.10 adopted to be effective August 4, 2004, 29 TexReg 7307; amended to be effective August 17, 2008, 33 TexReg 6376; amended to be effective June 11, 2014, 39 TexReg 4433; amended to be effective April 13, 2016, 41 TexReg 2592; amended to be effective June 7, 2017, 42 TexReg 2935." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226319&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226319", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "513", "label": "REGISTRATION" }, "subchapter": { "number": "B", "label": "REGISTRATION OF CPA FIRMS" }, "rule": { "number": "§513.11", "label": "Qualifications for Non-CPA Owners of Firm License Holders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137376", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A firm which includes non-CPA owners may not qualify for a firm license unless every non-CPA individual who is a Texas resident owner of the firm:(1) is actively providing personal services in the nature of management of some portion of the firm's business interests or performing services for clients of the firm or an affiliated entity;(2) lacks a history of dishonest or felonious acts or any criminal activity that might be relevant to the applicant's qualifications; and(3) is not a suspended or revoked licensee or certificate holder excluding those licensees that have been administratively suspended or revoked. (Administratively suspended or revoked are those actions against a licensee for Continuing Professional Education reporting deficiencies or failure to renew a license.)(b) Each of the non-CPA individual owners who are residents of the State of Texas must also:(1) pass an examination on the rules of professional conduct as determined by board rule;(2) comply with the rules of professional conduct;(3) maintain any professional designation held by the individual in good standing with the appropriate organization or regulatory body that is identified or used in an advertisement, letterhead, business card, or other firm-related communication; and(4) provide to the board fingerprinting required in §515.1(d) of this title (relating to License) unless previously submitted to the board.(c) A \"Non-CPA Owner\" includes any individual or qualified corporation who has any financial interest in the firm or any voting rights in the firm.", "sourceNote": "Source Note: The provisions of this §513.11 adopted to be\r\neffective August 4, 2004, 29 TexReg 7307; amended to be effective\r\nAugust 17, 2008, 33 TexReg 6376; amended to be effective October 13,\r\n2010, 35 TexReg 9102; amended to be effective April 13, 2016, 41 TexReg\r\n2592; amended to be effective October 10, 2019, 44 TexReg 5782; amended\r\nto be effective February 5, 2020, 45 TexReg 761; amended to be effective\r\nOctober 9, 2025, 50 TexReg 6491." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137376&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137376", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "513", "label": "REGISTRATION" }, "subchapter": { "number": "B", "label": "REGISTRATION OF CPA FIRMS" }, "rule": { "number": "§513.12", "label": "Application for Firm License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184647", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application for a firm license must be made on a form prescribed by the board. The application must be accompanied by an affidavit of an individual owner who holds a license to practice public accountancy affirming that all statements are true and correct.(b) A firm shall notify the board not later than the 31st day after the date on which information in the affidavit is changed, including information regarding the admission or withdrawal of an owner or resident manager.", "sourceNote": "Source Note: The provisions of this §513.12 adopted to be effective August 4, 2004, 29 TexReg 7307; amended to be effective August 17, 2008, 33 TexReg 6376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184647", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "513", "label": "REGISTRATION" }, "subchapter": { "number": "B", "label": "REGISTRATION OF CPA FIRMS" }, "rule": { "number": "§513.13", "label": "Certification of Texas Franchise Tax Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196766", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each firm subject to the Texas franchise tax must certify in its application for a firm license that its Texas franchise taxes are current.(b) The making of a false statement as to Texas franchise tax status on any license application or renewal as described in subsection (a) of this section is grounds for suspension or revocation of the license.", "sourceNote": "Source Note: The provisions of this §513.13 adopted to be effective August 4, 2004, 29 TexReg 7307; amended to be effective August 17, 2008, 33 TexReg 6377; amended to be effective June 7, 2017, 42 TexReg 2935." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196766&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196766", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "513", "label": "REGISTRATION" }, "subchapter": { "number": "B", "label": "REGISTRATION OF CPA FIRMS" }, "rule": { "number": "§513.15", "label": "Firm Offices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198245", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A certified public accountancy firm must hold a license for each office located in Texas.(b) Each office of a firm must designate a resident manager who is a resident of Texas. Exempted from the requirement of Texas residency is a resident manager who spends a majority of the work week in Texas as the firm's resident manager. A resident manager may be an owner, member, partner, shareholder, or employee of the firm and must be licensed under the Act.(c) A resident manager may supervise more than one office provided that the firm's application for issuance or renewal of the firm license or registration identifies each of the offices the resident manager will supervise.(d) A resident manager is responsible for the supervision of professional services and may be held responsible for the violations of the Act or Rules for the activities of each office under his supervision.(e) Interpretive comment: The exemption provided for in subsection (b) of this section is intended to address licensees residing outside of Texas but are able to commute to the Texas office for which the licensee is the firm resident manager on a routine and regular basis.", "sourceNote": "Source Note: The provisions of this §513.15 adopted to be effective August 4, 2004, 29 TexReg 7307; amended to be effective November 29, 2006, 31 TexReg 9612; amended to be effective August 17, 2008, 33 TexReg 6377; amended to be effective June 11, 2014, 39 TexReg 4434; amended to be effective June 7, 2017, 42 TexReg 2935; amended to be effective October 10, 2019, 44 TexReg 5782." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198245", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "513", "label": "REGISTRATION" }, "subchapter": { "number": "B", "label": "REGISTRATION OF CPA FIRMS" }, "rule": { "number": "§513.16", "label": "Death or Incapacitation of Firm Owner" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158012", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon written authorization from the executive director, a firm with only one CPA owner may continue to operate for a period of up to 15 months following the death or incapacitation of the sole CPA owner. The executive director, subject to ratification at the next board meeting, may permit the continued operation of the firm when he has been provided with:(1) In the event of the death of the sole CPA owner:(A) a certified copy of the sole CPA owner's death certificate;(B) a copy of the power of attorney from the sole CPA owner's executor, administrator, or heir along with a document from the executor, administrator or heir designating a Texas CPA in good standing with the board with the authority and intention to manage the sole CPA owner's firm; and(C) written evidence that a disruption in the continuation of the sole CPA owner's firm would jeopardize the survivability of the firm.(2) In the event of the incapacitation of the sole CPA owner:(A) an affidavit from the sole CPA owner's physician stating that the sole CPA owner, because of a severe ongoing physical, mental impairment or medical condition is not able to perform the day-to-day tasks necessary for the continued operation of the firm;(B) a copy of a power of attorney or a court ordered guardianship along with a document from the holder of the power of attorney or the guardian designating a Texas CPA in good standing with the board with the authority and intention to manage the sole CPA owner's firm; and(C) written evidence that a disruption of the continuation of the sole CPA owner's firm would jeopardize the survivability of the firm.(b) Upon the death of a co-owner of a firm with a surviving CPA owner, the firm may continue to operate during the period the owner's estate is being probated. The firm's resident manager shall notify the board in the firm's next annual licensing application of the status of the firm's ownership.", "sourceNote": "Source Note: The provisions of this §513.16 adopted to be effective August 4, 2004, 29 TexReg 7307; amended to be effective August 3, 2017, 42 TexReg 3786; amended to be effective April 18, 2018, 43 TexReg 2274; amended to be effective February 5, 2020, 45 TexReg 761." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158012", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "514", "label": "CERTIFICATION AS A CPA" }, "rule": { "number": "§514.1", "label": "Names on Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158013", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The certificate of a CPA shall be issued under the legal name of the applicant as it appears on the birth certificate, current passport or alien registration card or as changed by court order, marriage license, or divorce decree.(b) The license of a CPA may be issued in the name of the licensee as it appears on the birth certificate or other appropriate legal document in accordance with §511.22 of this title (relating to Initial Filing of the Application of Intent) or as changed by court order, marriage license, or divorce decree.(c) At the applicant's option, words or abbreviations such as \"Jr.\" or \"III\" do not have to appear on the certificate, license, or the board's records even though such words or abbreviations are part of the applicant's legal name.", "sourceNote": "Source Note: The provisions of this §514.1 adopted to be effective June 11, 2008, 33 TexReg 4504; amended to be effective August 8, 2012, 37 TexReg 5779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158013", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "514", "label": "CERTIFICATION AS A CPA" }, "rule": { "number": "§514.2", "label": "Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184635", "queryAsDate": "03/11/2026" }, "ruleBody": "All certificates shall be issued in the name of the board with the signatures of all board members and the seal of the Texas State Board of Public Accountancy.", "sourceNote": "Source Note: The provisions of this §514.2 adopted to be effective June 11, 2008, 33 TexReg 4504; amended to be effective August 8, 2012, 37 TexReg 5779." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184635&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184635", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "514", "label": "CERTIFICATION AS A CPA" }, "rule": { "number": "§514.3", "label": "Replacement Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196767", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Replacement certificates may be issued by the board in appropriate cases and upon payment by the CPA of the fee as determined by the board in §521.11 of this title (relating to Fee for a Replacement Certificate). A certificate holder is specifically prohibited from possessing more than one Texas certificate as a CPA.(b) When a replacement certificate is requested, the certificate holder must submit an affidavit describing the occurrence that necessitated the replacement certificate.", "sourceNote": "Source Note: The provisions of this §514.3 adopted to be effective June 11, 2008, 33 TexReg 4504; amended to be effective August 8, 2012, 37 TexReg 5779; amended to be effective June 7, 2017, 42 TexReg 2936." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196767&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196767", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "515", "label": "LICENSES" }, "rule": { "number": "§515.1", "label": "License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196768", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual or firm license holder is responsible for renewing the license before the expiration date of the license.(b) An individual certified or registered by this board must obtain a license for a 12-month interval and the license shall not be issued or renewed unless the board has received all required fees, satisfactory documentation of compliance with CPE requirements and a completed application which includes fingerprints unless fingerprints have been previously submitted for licensure on or after September 1, 2014.(c) Subject to §515.3 of this chapter (relating to License Renewals for Individuals and Firm Offices), a firm registered with the board must obtain a license for each office associated with the firm.(d) An individual license holder shall submit to the Department of Public Safety a complete and legible set of fingerprints from a vendor approved by the Department of Public Safety for the purpose of obtaining the applicant's criminal history record information. The fingerprinting can be waived by the executive director with evidence of extenuating circumstances. An extenuating circumstance would exist when doing so is not possible or would likely harm or cause irreparable damage to the license holder. Examples of extenuating circumstances include, but are not limited to, persons lacking fingers, the ability to produce fingerprints, or persons with no fingerprints. Evidence of an extenuating circumstance shall be required by the executive director where appropriate and may include medical documentation.", "sourceNote": "Source Note: The provisions of this §515.1 adopted to be effective September 24, 1979, 4 TexReg 4508; amended to be effective October 30, 1991, 16 TexReg 5830; amended to be effective August 15, 1994, 19 TexReg 5952; amended to be effective October 14, 1996, 21 TexReg 9447; amended to be effective February 27, 2000, 25 TexReg 1390; amended to be effective February 4, 2004, 29 TexReg 971; amended to be effective June 7, 2006, 31 TexReg 4644; amended to be effective November 29, 2006, 31 TexReg 9613; amended to be effective August 17, 2008, 33 TexReg 6377; amended to be effective October 13, 2010, 35 TexReg 9103; amended to be effective August 8, 2012, 37 TexReg 5780; amended to be effective October 10, 2019, 44TexReg 5782." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196768&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196768", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "515", "label": "LICENSES" }, "rule": { "number": "§515.2", "label": "Initial License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206373", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An initial license is the first license issued to an individual or firm certified or registered under the Act. The board will prorate the initial license fee for an individual or firm for those months during which the license is valid.(b) The firm's initial and subsequent office license shall not be issued until such time as the sole proprietor, all partners, officers, directors, members, or shareholders of the firm, including non-CPA firm owners, who reside in Texas and who are certified or registered under the Act have obtained a license and have been fingerprinted unless they have been previously fingerprinted by the board.", "sourceNote": "Source Note: The provisions of this §515.2 adopted to be effective September 24, 1979, 4 TexReg 4508; amended to be effective April 1, 1986, 11 TexReg 1391; amended to be effective October 30, 1991, 16 TexReg 5830; amended to be effective June 9, 1994, 19 TexReg 4199; amended to be effective February 27, 2000, 25 TexReg 1390; amended to be effective February 4, 2004, 29 TexReg 971; amended to be effective November 29, 2006, 31 TexReg 9613; amended to be effective October 10, 2019, 44 TexReg 5783." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206373", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "515", "label": "LICENSES" }, "rule": { "number": "§515.3", "label": "License Renewals for Individuals and Firm Offices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205180", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) License renewals for individuals shall be as follows:(1) Licenses for individuals have staggered expiration dates based on the last day of the individual's birth month. The license will be issued for a 12-month period following the initial licensing period.(2) An individual's license will not be renewed if the individual has not earned the required CPE credits, has not completed all required parts of the renewal, has not completed the affidavit affirming the renewal submitted is correct or has not provided the required fingerprinting unless it has been previously submitted to the board.(3) At least 30 days before the expiration of an individual's license, the board shall send notice of the impending license expiration to the individual at the last known address according to board records. Failure to receive notice does not relieve the licensee from the responsibility to timely renew nor excuse or otherwise affect the renewal deadlines imposed on the licensee.(b) A licensee is exempt from any penalty or increased fee imposed by the board for failing to renew the license in a timely manner if the individual establishes to the satisfaction of board staff that the individual failed to renew the license because the individual was serving as a military service member. In addition, the military service member has an additional two years to complete any other requirement related to the renewal of the military service member's license.(c) License renewal requirements for firm offices shall be as follows:(1) Licenses for offices of firms have staggered expiration dates for payment of fees, which are due the last day of a board assigned renewal month. All offices of a firm will have the same renewal month. All offices of a firm will be issued a license for a 12-month period following the initial licensing period.(2) At least 30 days before the expiration of a firm's office license, the board shall send notice of the impending license expiration to the main office of the firm at the last known address according to the records of the board. Failure to receive notice does not relieve the firm from the responsibility to timely renew nor excuse or otherwise affect the renewal deadlines imposed on the firm.(3) A firm's office license shall not be renewed unless the sole proprietor, each partner, officer, director, or shareholder of the firm who is listed as a member of the firm and who is certified or registered under the Act has a current individual license. This does not apply to firms providing work pursuant to the practice privilege provisions of this title.(4) If a firm is subject to peer review, then a firm's office license shall not be renewed unless the office has met the peer review requirements as defined in Chapter 527 of this title (relating to Peer Review).(d) A firm and individual are subject to Section 161.0085 of the Health and Safety Code, which prohibits a business from requiring a client to provide any documentation certifying the client's COVID-19 vaccination or post-transmission recovery in order to gain access or to receive services from the firm.", "sourceNote": "Source Note: The provisions of this §515.3 adopted to be effective September 24, 1979, 4 TexReg 4508; amended to be effective October 30, 1991, 16 TexReg 5830; amended to be effective June 9, 1994, 19 TexReg 4199; amended to be effective March 30, 1995, 20 TexReg 1890; amended to be effective February 27, 2000, 25 TexReg 1390; amended to be effective February 4, 2004, 29 TexReg 971; amended to be effective June 7, 2006, 31 TexReg 4644; amended to be effective November 29, 2006, 31 TexReg 9614; amended to be effective August 17, 2008, 33 TexReg 6378; amended to be effective October 13, 2010, 35 TexReg 9103; amended to be effective August 8, 2012, 37 TexReg 5781; amendedto be effective June 7, 2017, 42 TexReg 2936; amended to be effective December 5, 2018, 43 TexReg 7789; amended to be effective October 10, 2019, 44 TexReg 5783; amended to be effective March 31, 2021, 46 TexReg 2019; amended to be effective October 6, 2021, 46 TexReg 6545." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205180", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "515", "label": "LICENSES" }, "rule": { "number": "§515.4", "label": "License Expiration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216515", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Failure to submit to the board a completed renewal notice, the renewal fee and any other required documents before the license expiration date shall result in the expiration of the individual's or the firm's license(s).(b) Failure to submit to the board a completed renewal notice, the renewal fee and any other required documents for three consecutive years may result in the revocation of the individual's certificate.(c) The board may administratively suspend or refuse to renew the license of an individual license holder applying for renewal who has not complied or previously complied with §515.1(d) of this chapter (relating to License) on or after September 1, 2014.", "sourceNote": "Source Note: The provisions of this §515.4 adopted to be effective February 29, 2000, 25 TexReg 1391; amended to be effective February 4, 2004, 29 TexReg 971; amended to be effective August 17, 2008, 33 TexReg 6378; amended to be effective August 8, 2012, 37 TexReg 5781; amended to be effective August 7, 2014, 39 TexReg 5948; amended to be effective June 7, 2017, 42 TexReg 2936; amended to be effective June 2, 2021, 46 TexReg 3411." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216515", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "515", "label": "LICENSES" }, "rule": { "number": "§515.5", "label": "Reinstatement of a Certificate or License in the Absence of a Violation of the Board's Rules of Professional Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226320", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual whose license has been expired for 90 days or less may renew the license by paying to the board a renewal fee that is equal to 1 1/2 times the normally required renewal fee.(b) An individual whose license has been expired for more than 90 days but less than one year may renew the license by paying to the board a renewal fee that is equal to two times the normally required renewal fee.(c) An individual whose license has been expired for at least one year but less than two years may renew the license by paying to the board a renewal fee that is equal to three times the normally required renewal fee.(d) An individual whose license has been expired for two years or more may obtain a license by paying all renewal fees including late fees.(e) An individual whose license has been suspended or certificate revoked for the voluntary non-payment of the annual license fees, the voluntary non-completion of the annual license renewal, or the voluntary non-completion of the board required CPE may be administratively reinstated by complying with the board's CPE requirements pursuant to Chapter 523 of this title (relating to Continuing Professional Education) and providing the board the individual's required fingerprints if not previously submitted; and(1) by paying all renewal fees including late fees; or(2) upon showing of good cause, entering into an Agreed Consent Order that reinstates the certificate and permits the issuance of a conditional license with the agreement to pay all required fees by a certain date.(f) An individual who was revoked under §901.502(3) or (4) of the Act (relating to Grounds for Disciplinary Action), has moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of submitting a complete application may obtain a new license without reexamination by:(1) providing the board with a complete application including evidence of the required licensure;(2) demonstrating that the out of state license is no more than 90 days beyond the normal expiration date of the license;(3) paying the board a fee that is equal to two times the normally required renewal fee for the license; and(4) meeting the other requirements for licensing.(g) If the certificate, license, or registration was suspended, or revoked for non-payment of annual license fees, failure to complete the annual license renewal, or failure to comply with §501.94 of this title (relating to Mandatory Continuing Professional Education), upon written application the executive director will decide on an individual basis whether the renewal fees including late fees must be paid for those years and whether any fee exemption is applicable.(h) A military service member, military veteran or military spouse may obtain a license in accordance with the provisions of Chapter 516 of this title (relating to Military Service Members, Spouses and Veterans).(i) Interpretive Comment: Effective September 1, 2015, when calculating the renewal fee provided for in subsections (a) - (d) of this section, the professional fee that was required by §901.406 and §901.407 of the Act (relating to Fee Increase and Additional Fee) will no longer be included in the renewal fee. However, when calculating any renewal fees accrued prior to September 1, 2015, the professional fee that was required by §901.406 and §901.407 of the Act will be included in the renewal fee.", "sourceNote": "Source Note: The provisions of this §515.5 adopted to be effective February 4, 2004, 29 TexReg 971; amended to be effective October 11, 2007, 32 TexReg 7062; amended to be effective August 17, 2008, 33 TexReg 6378; amended to be effective April 7, 2010, 35 TexReg 2745; amended to be effective October 10, 2012, 37 TexReg 8018; amended to be effective October 7, 2015, 40 TexReg 6899; amended to be effective June 7, 2017, 42 TexReg 2936; amended to be effective December 5, 2018, 43 TexReg 7790; amended to be effective October 10, 2019, 44 TexReg 5783; amended to be effective February 7, 2024, 49 TexReg 555." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226320&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226320", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "515", "label": "LICENSES" }, "rule": { "number": "§515.8", "label": "Retired or Disability Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158019", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Retired status. A licensee who is at least 60 years old and has affirmed that the licensee has no association with accounting may be granted retired status at the time of license renewal. A licensee in retired status is exempt from the fingerprinting required in §515.1(d) of this chapter (relating to License). A licensee who has been granted retired status and who reenters the workforce in a position that has an association with accounting automatically loses the retired status except as provided for in subsection (a)(1) of this section, and must provide the fingerprinting required in §515.1(d) of this chapter unless previously submitted to the board.(1) A licensee who serves without compensation on a Board of Directors, or Board of Trustees, or provides volunteer tax preparation services, participates in a government sponsored business mentoring program such as the Internal Revenue Service's Volunteer Income Tax Assistance (VITA) program or the Small Business Administration's SCORE program or participates in an advisory role for a similar charitable, civic or other non-profit organization continues to be eligible for retired status.(2) Licensees providing such uncompensated volunteer services have the responsibility to maintain professional competence relative to the volunteer services they provide even though exempted from CPE requirements.(3) The board shall require licensees to affirm in writing their understanding of the limited types of activities in which they may engage while in retired status and their understanding that they have a professional duty to ensure that they hold the professional competencies necessary to offer these limited volunteer services.(4) Licensees may only convert to retired status if they hold a license in good standing and not be subject to any sanction or disciplinary action.(5) Compensated services do not include routine reimbursement for travel costs and meals associated with the volunteer services or de minimis per diem amounts paid to cover such expenses.(6) A retired licensee shall place the word \"retired\" adjacent to the retired licensee's CPA or Public Accountant title on any business card, letterhead or any other document. A licensee may be held responsible for a third party incorrectly repeating the CPA's title and shall make reasonable efforts to assure that the word \"retired\" is used in conjunction with CPA. Any of these terms must not be applied in such a manner that could likely confuse the public as to the current status of the licensee. The licensee will not be required to have a certificate issued with the word \"retired\" on the certificate.(7) A licensee in \"retired\" status is not required:(A) to maintain CPE; and(B) provide fingerprinting in accordance with §515.1(d) of this chapter unless the retired status is removed.(8) A retired licensee shall not offer or render professional services that require the retired licensee's signature and use of the CPA title either with or without \"retired\" attached, except a retired licensee may sign the work experience form of an applicant for CPA certification if the supervision occurred prior to retirement.(9) Upon reentry into the workforce, the licensee must notify the board and request a new license renewal notice and:(A) pay the license fee established by the board for the period since the licensee became employed;(B) complete a new license renewal notice; and(C) meet the CPE requirements for the period since the licensee was granted the retired status as required by §523.113(3) of this title (relating to Exemptions from CPE).(b) Disability status. Disability status may be granted to an individual who submits to the board a statement and an affidavit from the licensee's physician which identifies the disability and states that the individual is unable to work because of a severe ongoing physical or mental impairment or medical condition that is not likely to improve within the next 12 consecutive months. This status may be granted only at the time of license renewal.(1) Disability status is immediately revoked upon:(A) the CPA reentering the workforce in a position that has an association with accounting work for which the CPA receives compensation; or(B) the CPA serving on a Board of Directors, Board of Trustees, or in a similar governance position unless the service is for a charity, civic, or similar non-profit organization.(2) Upon reentry into the workforce under such conditions, the individual must notify the board and request a new license renewal notice and:(A) pay the license fee established by the board for the period since the individual became employed;(B) complete a new license renewal notice;(C) meet the CPE requirements for the period pursuant to §523.113(3) of this title; and(D) provide the fingerprinting required in §515.1(d) of this chapter unless previously submitted.(c) For purposes of this section the term \"association with accounting\" shall include the following:(1) working or providing oversight of accounting or supervising work performed in the areas of financial accounting and reporting; tax compliance, planning or advice; management advisory services; accounting information systems; treasury, finance, or audit; or(2) representing to the public, including an employer, that the individual is a CPA or public accountant in connection with the sale of any services or products involving accounting services or work, as provided for in §501.52(22) of this title (relating to Definitions) including such designation on a business card, letterhead, proxy statement, promotional brochure, advertisement, or office; or(3) offering testimony in a court of law purporting to have expertise in accounting and reporting, auditing, tax, or management services; or(4) providing instruction in accounting courses; or(5) for purposes of making a determination as to whether the individual fits one of the categories listed in this section the questions shall be resolved in favor of including the work as an \"association with accounting.\"(d) Nothing herein shall be construed to limit the board's disciplinary authority with regard to a license in retired or disabled status. All board rules and all provisions of the Act apply to an individual in retired or disability status.", "sourceNote": "Source Note: The provisions of this §515.8 adopted to be\r\neffective November 1, 1989, 14 TexReg 5557; amended to be effective\r\nOctober 30, 1991, 16 TexReg 5830; amended to be effective June 9,\r\n1994, 19 TexReg 4199; amended to be effective February 27, 2000, 25\r\nTexReg 1391; amended to be effective October 13, 2005, 30 TexReg 6433;\r\namended to be effective August 17, 2008, 33 TexReg 6379; amended to\r\nbe effective August 8, 2012, 37 TexReg 5781; amended to be effective\r\nOctober 9, 2013, 38 TexReg 6920; amended to be effective December\r\n6, 2017, 42 TexReg 6797; amended to be effective October 10, 2019,\r\n44 TexReg 5784; amended to be effective February 5, 2020, 45 TexReg\r\n761; amended to be effective June 2, 2021, 46 TexReg 3411; amended\r\nto be effective October 9, 2025, 50 TexReg 6491." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158019", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "515", "label": "LICENSES" }, "rule": { "number": "§515.9", "label": "Collection of License Fees Following Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226825", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person whose certificate, license or registration has been suspended or revoked by the board for failure to comply with the board's Rules of Professional Conduct, exclusive of §501.94 of this title (relating to Mandatory Continuing Professional Education), will not be assessed license fees and penalties for the license years during which the certificate, license or registration was suspended or revoked but the person must pay prorated license year fees for that portion of the license period for which reinstatement of the certificate, license or registration is granted.(b) The board will not refund any fees paid for the license year in which the suspension or revocation occurs.(c) It is the responsibility of the person whose certificate, license or registration is suspended or revoked to apply to the board for the issuance of a certificate, license, or registration upon termination of suspension or revocation.(d) CPE requirements are addressed in Chapter 523 of this title (relating to Continuing Professional Education).", "sourceNote": "Source Note: The provisions of this §515.9 adopted to be effective March 30, 1995, 20 TexReg 1890; amended to be effective February 27, 2000, 25 TexReg 1392; amended to be effective February 4, 2004, 29 TexReg 971; amended to be effective August 17, 2008, 33 TexReg 6379; amended to be effective April 7, 2010, 35 TexReg 2745; amended to be effective August 8, 2012, 37 TexReg 5781." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226825&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226825", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "516", "label": "MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS" }, "rule": { "number": "§516.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226826", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in Title 22, Part 22 of the Texas Administrative Code relating to the Texas State Board of Public Accountancy, shall have the following meanings:(1) \"Active duty\" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by §437.001 of the Texas Government Code (relating to Definitions), or similar military service of another state.(2) \"Armed forces of the United States\" means the army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) \"Military service member\" means a person who is on active duty.(4) \"Military spouse\" means a person who is married to a military service member.(5) \"Military veteran\" means a person who has served on active duty and who was discharged or released from active duty.(6) \"Scope of practice\" means a licensed Certified Public Accountant.", "sourceNote": "Source Note: The provisions of this §516.1 adopted\r\nto be effective February 7, 2024, 49 TexReg 555; amended to be effective\r\nNovember 26, 2025, 50 TexReg 7566." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226826", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "516", "label": "MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS" }, "rule": { "number": "§516.2", "label": "Licensing for Military Service Members, Military Veteran and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226827", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board will issue a license to a military service member, military veteran or military spouse who:(1) holds a current license as a Certified Public Accountant issued by a licensing authority of another state and is in good standing in that state and any other state the applicant may hold a license as a Certified Public Accountant; or(2) held a license in this state within the five years preceding the application date.(b) The executive director may:(1) waive any prerequisite to obtaining a license for an applicant described in subsection (a) of this section after reviewing the applicant's credentials; or(2) consider, other methods that demonstrate the applicant is qualified to be licensed.(c) The board will:(1) process a military service member, military veteran or military spouse's license application, as soon as practical but no more than 10 days from the date of receipt of the application, and;(A) issue a license;(B) notify the applicant that the application is incomplete; or(C) notify the applicant that the board does not recognize the out-of-state license because the board does not issue a license similar in scope of practice to the applicant's license.(2) consider a military service member, military veteran or military spouse applicant to be in good standing if the person:(A) holds a license as a certified public accountant that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct by the licensing authority of another state;(B) has not been disciplined by the licensing authority of another state with respect to the license or person's practice as a certified public accountant for which the license was issued; and(C) is not currently under investigation by the licensing authority of another state for unprofessional conduct related to the person's license as a certified public accountant.(3) notify the license holder of the requirements for renewing the license in writing or by electronic means and the term of the license.(d) A member of the military, a military veteran and a spouse of a military member who receive a license under this chapter are exempt from any increased fee or other penalty imposed by the board for failing to renew the license in a timely manner if the licensee establishes to the satisfaction of the board that the licensee failed to renew the license in a timely manner because the licensee was serving as a military service member.(e) A military service member who holds a license is entitled to two years of additional time to complete:(1) any continuing education requirements; and(2) any other requirement related to the renewal of the military service member's license.(f) The board will credit verified military service, training, or education toward the licensing requirements, other than an examination requirement, for a license issued by the board.(g) Credit may not be awarded to an applicant who:(1) holds a license not in good standing with another Certified Public Accountant state licensing agency; or(2) has an unacceptable criminal history according to the law applicable to the state agency.", "sourceNote": "Source Note: The provisions of this §516.2 adopted\r\nto be effective February 7, 2024, 49 TexReg 556; amended to be effective\r\nNovember 26, 2025, 50 TexReg 7567." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226827", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "516", "label": "MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS" }, "rule": { "number": "§516.4", "label": "Accounting Practice by Military Service Members and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226828", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section applies to all board regulated public accountancy practice requirements, other than the examination requirement, by a military service member or military spouse.(b) A military service member or military spouse who holds a license as a Certified Public Accountant from another state in good standing may practice accounting in Texas during the period the military service member or military spouse is stationed at a military installation in Texas if the military service member or military spouse:(1) submits an application, on a form provided by the board, to practice accounting in Texas;(2) submits a copy of their military orders showing relocation to this state or identification card;(3) provides a copy of a military spouse's marriage license when the person is a military spouse;(4) provides a notarized affidavit affirming under penalty of perjury that:(A) the applicant is the person described and identified in the application;(B) all statements in the application are true, correct and complete;(C) the applicant understands the scope of the practice for the license and will not perform outside that scope; and(D) the applicant is in good standing in each state in which the applicant holds or has held a license as a Certified Public Accountant.(5) receives from the board confirmation that the board has verified the license has been issued in another state and is in good standing; and(6) receives confirmation of authorization to practice public accountancy in Texas.", "sourceNote": "Source Note: The provisions of this §516.4 adopted\r\nto be effective February 7, 2024, 49 TexReg 556; amended to be effective\r\nNovember 26, 2025, 50 TexReg 7567." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226828", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "516", "label": "MILITARY SERVICE MEMBERS, SPOUSES AND VETERANS" }, "rule": { "number": "§516.5", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "204390", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall maintain a record of each complaint made against a military service member, military veteran, or military spouse to whom the board issues a license.(b) The board shall publish at least quarterly on the agency's Internet website the information maintained under subsection (a) of this section, including a general description of the disposition of each complaint.", "sourceNote": "Source Note: The provisions of this §516.5 adopted to be\r\neffective November 26, 2025, 50 TexReg 7567." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=204390&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "204390", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "517", "label": "PRACTICE BY CERTAIN OUT OF STATE FIRMS AND INDIVIDUALS" }, "rule": { "number": "§517.1", "label": "Practice by Certain Out of State Firms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226321", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A firm is required to hold a firm license if the firm establishes or maintains an office in this state.(b) A CPA firm that is licensed and has its primary place of business in another state and is not required to hold a firm license pursuant to subsection (a) of this section may practice in this state without a firm license or notice to the board if the firm's practice in this state is performed by an individual who holds a license under Chapter 515 of this title (relating to Licenses) or who practices under a privilege pursuant to §517.2 of this chapter (relating to Practice by Certain Out of State Individuals).(c) A firm described by subsection (b) of this section may exercise all the practice privileges of a firm license holder only if:(1) the firm complies with the board's peer review program found in Chapter 527 of this title (relating to Peer Review); and(2) the services are performed by an individual who holds a license under this chapter or practices under a privilege provided in §517.2 of this chapter and §901.462 of the Act (relating to Practice by Out-of-State Practitioner with Substantially Equivalent Qualifications).", "sourceNote": "Source Note: The provisions of this §517.1 adopted to be effective October 11, 2007, 32 TexReg 7063; amended to be effective August 17, 2008, 33 TexReg 6380; amended to be effective August 8, 2012, 37 TexReg 5782; amended to be effective March 31, 2021, 46 TexReg 2020." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226321&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226321", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "517", "label": "PRACTICE BY CERTAIN OUT OF STATE FIRMS AND INDIVIDUALS" }, "rule": { "number": "§517.2", "label": "Practice by Certain Out of State Individuals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158023", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual who holds an active certificate or license as a CPA issued by another state and whose principal place of business is not in this state may exercise all the privileges of certificate and license holders of this state without obtaining a certificate or license under this chapter if the individual:(1) has passed the uniform CPA examination;(2) has completed:(A) a baccalaureate degree with at least 150 semester hours and a concentration in accounting or equivalent courses;(B) a graduate degree with a concentration in accounting or equivalent courses; or(C) a baccalaureate degree with a concentration in accounting or equivalent courses; and(3) at the time the individual's certificate or license was issued in the other state, had completed:(A) at least one year of work experience, if licensed under an educational pathway comparable to subparagraphs (2)(A) or (B) of this subsection; or(B) at least two years of work experience, if licensed under an educational pathway comparable to subparagraph (2)(C) of this subsection.(b) An individual who meets the requirements of subsection (a) of this section and who offers or renders professional services in person or by mail, telephone, or electronic means may practice public accountancy in this state without notice to the board.(c) Notwithstanding any other law, the board may prohibit an individual not licensed in this state from exercising the privileges of certificate and license holders of this state if the board determines the individual does not meet the requirements of subsection (a) of this section.(d) An individual who on December 31, 2024, held a certificate or license issued by another state and practiced under a privilege of this section in this state may exercise all the privileges of the holder of a certificate and license issued under this title without obtaining a certificate or license in this state. To the extent that the individual exercises privileges as described by this subsection, the individual is subject to this title.", "sourceNote": "Source Note: The provisions of this §517.2 adopted to be\r\neffective October 11, 2007, 32 TexReg 7063; amended to be effective\r\nOctober 15, 2008, 33 TexReg 8516; amended to be effective August 8,\r\n2012, 37 TexReg 5782; amended to be effective March 31, 2021, 46 TexReg\r\n2020; amended to be effective October 9, 2025, 50 TexReg 6491." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158023", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "517", "label": "PRACTICE BY CERTAIN OUT OF STATE FIRMS AND INDIVIDUALS" }, "rule": { "number": "§517.3", "label": "Conditions of Practice of Out of State Firms and Individuals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156576", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A firm or individual practicing under a practice privilege under this section, as a condition of the privilege of practicing without a license:(1) is subject to the personal and subject matter jurisdiction and disciplinary authority of the board;(2) must comply with the Act and the board's rules; and(3) is considered to have appointed the regulatory agency of the state that issued the firm's or individual's license as the agent on whom process may be served in any action or proceeding by the board against the firm or individual.(b) A firm or individual practicing under a practice privilege under this section shall promptly cease offering or rendering professional services in this state if the firm's license or individual's license or certificate to practice in the state of primary business is no longer valid.(c) A firm that practices under §517.1 of this chapter (relating to Practice by Certain Out of State Firms) must use the firm name that it uses in the state in which it is licensed and has its principal place of business.(d) A firm that performs an engagement that is required to be performed in accordance with SSARS, such as compilations and reviews, is performing an attest service and must comply with the Peer Review provisions of Chapter 527 of this title (relating to Peer Review).", "sourceNote": "Source Note: The provisions of this §517.3 adopted to be effective October 11, 2007, 32 TexReg 7064; amended to be effective August 8, 2012, 37 TexReg 5783." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156576", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "518", "label": "UNAUTHORIZED PRACTICE OF PUBLIC ACCOUNTANCY" }, "rule": { "number": "§518.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156577", "queryAsDate": "03/11/2026" }, "ruleBody": "The definitions contained in Chapter 519 of this title (relating to Practice and Procedure) apply to this chapter.", "sourceNote": "Source Note: The provisions of this §518.1 adopted to be effective June 9, 2004, 29 TexReg 5627; amended to be effective June 7, 2012, 37 TexReg 4051." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156577&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156577", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "518", "label": "UNAUTHORIZED PRACTICE OF PUBLIC ACCOUNTANCY" }, "rule": { "number": "§518.2", "label": "Cease and Desist Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179156", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Whenever the board, through its executive director, determines that a person is engaging in an act or practice that constitutes the practice of public accountancy without a license issued under the Act, the board, through its executive director, after notice and an opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in that activity. The executive director and the person under investigation may agree to a cease and desist order at any time; however, such an agreed cease and desist order must be ratified by the board.(1) The executive director may refer an investigation to the Constructive Enforcement Committee for its consideration before taking any action. In such cases, the Constructive Enforcement Committee may recommend that staff dismiss the matter without further action, instruct staff to investigate the matter further or recommend that staff offer the person under investigation a cease and desist order.(2) The executive director may enlist the aid of the members of the Constructive Enforcement Advisory Committee in gathering evidence during investigations of the unauthorized practice of public accountancy.(b) A hearing under this rule shall be conducted in the manner of a contested case pursuant to the Act, the Administrative Procedure Act, the board's rules and SOAH's rules.", "sourceNote": "Source Note: The provisions of this §518.2 adopted to be effective June 9, 2004, 29 TexReg 5627; amended to be effective October 15, 2008, 33 TexReg 8516; amended to be effective June 7, 2012, 37 TexReg 4051." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179156&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179156", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "518", "label": "UNAUTHORIZED PRACTICE OF PUBLIC ACCOUNTANCY" }, "rule": { "number": "§518.3", "label": "Violation of a Cease and Desist Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179157", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Whenever the board, through its executive director, determines that a person subject to a cease and desist order issued by the board has violated that order, the board, through its executive director, after notice and an opportunity for a hearing, may assess an administrative penalty, after consulting with the board's presiding officer, against the person in violation in accordance with the guidelines contained in §518.6 of this chapter (relating to Administrative Penalty Guidelines for the Unauthorized Practice of Public Accountancy) and Subchapter L of the Act, as amended.(b) The board staff acting through the executive director will offer the person found in violation of a cease and desist order an agreed consent order.(1) The agreed consent order will act as the preliminary report as required by §901.553 of the Act (relating to Report and Notice of Violation and Penalty), including findings of fact to support the administrative penalty as well as the amount of the penalty to be imposed.(2) Board staff will advise the person found in violation of a cease and desist order that he has 20 days to either sign the agreed consent order or to request a hearing in writing, as required by §901.554 of the Act (relating to Penalty to be Paid or Hearing Requested).(3) If the person found to be in violation of a cease and desist order signs the agreed consent order, then the agreed consent order will be presented to the board for its consideration. If the board ratifies the agreed consent order, then it will issue a board order.(c) If the board, through its executive director, determines that a person subject to a cease and desist order issued by the board has violated that order, the board, through its executive director and after consulting with the board's presiding officer, may seek to enjoin the person in violation in state district court.", "sourceNote": "Source Note: The provisions of this §518.3 adopted to be effective June 9, 2004, 29 TexReg 5627; amended to be effective April 11, 2007, 32 TexReg 2010; amended to be effective October 15, 2008, 33 TexReg 8517; amended to be effective April 15, 2009, 34 TexReg 2379; amended to be effective June 7, 2012, 37 TexReg 4051; amended to be effective August 4, 2016, 41 TexReg 5550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179157", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "518", "label": "UNAUTHORIZED PRACTICE OF PUBLIC ACCOUNTANCY" }, "rule": { "number": "§518.4", "label": "Injunctive Relief and Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203427", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Whenever the executive director has determined that evidence supports a person(s) has or is engaging in an act(s) that violates §§901.451, 901.452, 901.453 901.454 or 901.456 of the Act (relating to Use of Title or Abbreviation for \"Certified Public Accountant\"; Use of Title or Abbreviation for \"Public Accountant\"; Use of Other Titles or Abbreviations; Title Used by Certain Out-of-State or Foreign Accountants; and Reports on Financial Statements; Use of Name or Signature on Certain Documents) or any combination of these sections of the Act, the executive director may, pursuant to §901.604 of the Act (relating to Single Act as Evidence of Practice), seek the issuance of an injunction and the assessment of penalties against that person(s) in state district court on behalf of the board.(b) Penalties will be determined in accordance with the guidelines in §518.6 of this chapter (relating to Administrative Penalty Guidelines for the Unauthorized Practice of Public Accountancy).", "sourceNote": "Source Note: The provisions of this §518.4 adopted to be effective August 4, 2016, 41 TexReg 5550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203427&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203427", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "518", "label": "UNAUTHORIZED PRACTICE OF PUBLIC ACCOUNTANCY" }, "rule": { "number": "§518.5", "label": "Unlicensed Entities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203428", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An unlicensed entity is permitted to state that it has an ownership interest and a business affiliation with a registered CPA firm provided each such statement complies with subsection (b) of this section.(b) In any letterhead, or in any advertising or promotional statements by an unlicensed entity that refers to accounting, auditing or attest services or any derivative terms associated with those services, there must be a statement that such services are only performed by the affiliated registered CPA firm. This statement must be included in conspicuous proximity to the name of the unlicensed entity and be printed in type not less bold than that contained in the body of the letterhead, advertisement or promotional statement. If the advertisement is in audio format, the statement must be clearly declared in each such presentation.(c) An unlicensed entity performing attest services is in the unauthorized practice of public accountancy and in violation of the Act and the board's rules except a firm authorized to practice in this state pursuant to §901.461 of the Act (relating to Practice by Certain Out-of-State Firms).(d) Interpretative Comment: This section clarifies that the mere mention of a business and ownership affiliation with a registered CPA firm on the letterhead, or in advertising or promotional statements, of an unlicensed entity does not violate the Act when done in compliance with the provisions of this section. This section also clarifies that the letterhead, advertising or promotional statements of the unlicensed entity may refer to accounting, auditing or attest services, or any derivative terms associated with those services, without violating §901.453 of the Act (relating to Use of Other Titles or Abbreviations). It also clarifies that all attest services must still be performed exclusively by registered CPA firms in accordance with the Act and all board rules. The definition of \"attest services\" is set forth in §501.52 of this title (relating to Definitions).", "sourceNote": "Source Note: The provisions of this §518.5 adopted to be effective June 9, 2010, 35 TexReg 4717; amended to be effective June 7, 2012, 37 TexReg 4052; amended to be effective October 10, 2018, 43 TexReg 6644; amended to be effective February 3, 2021, 46 TexReg 813." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203428", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "518", "label": "UNAUTHORIZED PRACTICE OF PUBLIC ACCOUNTANCY" }, "rule": { "number": "§518.6", "label": "Administrative Penalty Guidelines for the Unauthorized Practice of Public Accountancy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154973", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board has the sole discretion in determining if a penalty will be assessed as well as the amount of the penalty. If assessed, the penalty will be in accordance with the following guidelines:(1) an unlicensed individual who uses terms restricted for use by CPAs in violation of §§901.451, 901.452, 901.453 or 901.454 of the Act (relating to Use of Title or Abbreviation for \"Certified Public Accountant\"; Use of Title or Abbreviation for \"Public Accountant\"; Use of Other Titles or Abbreviations; and Title Used by Certain Out-of-State or Foreign Accountants) shall pay a penalty of no less than $1,000.00 and no more than $5,000.00 for a first offense; and no less than $5,000.00 and no more than $25,000.00 for two or more offenses;(2) an unlicensed entity that uses terms restricted for use by licensed firms in violation of §901.351(a) of the Act (relating to Firm License Required) shall pay a penalty of no less than $5,000.00 and no more than $10,000.00 for a first offense; and no more than $25,000.00 for two or more offenses;(3) an unlicensed individual who asserts an expertise in accounting through use of the term \"accounting service\" or any variation of that term shall pay a penalty of no less than $1,000.00 and no more than $5,000.00 for a first offense; and no more than $25,000.00 for two or more offenses;(4) an unlicensed entity that asserts an expertise in accounting through use of the term \"accounting service\" or any variation of that term shall pay a penalty of no less than $5,000.00 and no more than $10,000.00 for a first offense; and no more than $25,000.00 for two or more offenses;(5) an unlicensed individual who claims to provide attest services shall pay a penalty of no less than $5,000.00 and no more than $25,000.00;(6) an unlicensed entity that claims to provide attest services shall pay a penalty of no less than $5,000.00 and no more than $25,000.00;(7) an unlicensed individual who claims to be a CPA shall pay a penalty of no less than $5,000.00 and no more than $25,000.00; and(8) an unlicensed entity that claims to be a CPA firm shall pay a penalty of no less than $5,000.00 and no more than $25,000.00.(b) An offense is counted as a second or more offense when the person has been notified in writing by the board that the person's actions violate the Public Accountancy Act and the person fails to correct the violation(s) within the time required in the written notification.", "sourceNote": "Source Note: The provisions of this §518.6 adopted to be effective August 4, 2016, 41 TexReg 5550; amended to be effective February 3, 2021, 46 TexReg 813." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154973", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.1", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225242", "queryAsDate": "03/11/2026" }, "ruleBody": "Chapter 519 will govern the processes followed by the board in the investigation and disposition of matters within the board's jurisdiction. These rules supplement, as appropriate, the Rules of Practice and Procedure of SOAH.", "sourceNote": "Source Note: The provisions of this §519.1 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective February 9, 2012, 37 TexReg 490." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225242", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111793", "queryAsDate": "03/11/2026" }, "ruleBody": "In this chapter:(1) \"Address of record\" means the last address provided to the board by a certificate or registration holder pursuant to §501.93(d) of this title (relating to Responses);(2) \"ALJ\" means SOAH administrative law judge;(3) \"APA\" means the Texas Administrative Procedure Act, Chapter 2001 of the Texas Government Code;(4) \"Board staff\" means the agency's employees;(5) \"Committee\" means an enforcement committee of the board;(6) \"Complainant\" means the person or entity who initiates a complaint with the board against a certificate or registration holder;(7) \"Complaint\" means information available to or provided to the board indicating that a certificate or registration holder may have violated the Act, board rules, or order of the board;(8) \"Contested case\" means a proceeding, including a licensing or disciplinary proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing;(9) \"Deferred Adjudication\" means the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer under the supervision of the court and at the end of the period of supervision, the judge dismissed the proceedings and discharged the person;(10) \"Direct Administrative Costs\" means those costs actually incurred by the board through payment to outside vendors and the resources expended by the board in the investigation and prosecution of a matter within the board's jurisdiction, including but not limited to, staff salary, payroll taxes and benefits and other non-salary related expenses, expert fees and expenses, witness fees and expenses, filing fees and expenses of the support staff of the Office of the Attorney General, filing fees, SOAH utilization fees, court reporting fees, copying fees, delivery fees, case management fees, costs of exhibit creation, technical fees, travel costs and any other cost or fee that can reasonably be attributed to the matter;(11) \"Petitioner\" means the Texas State Board of Public Accountancy;(12) \"PFD\" means the proposal for decision prepared by an ALJ;(13) \"Respondent\" means a licensee or certificate holder, individual or entity against whom a complaint has been filed; and(14) \"SOAH\" means the State Office of Administrative Hearings.", "sourceNote": "Source Note: The provisions of this §519.2 adopted\r\nto be effective June 9, 2004, 29 TexReg 5628; amended to be effective\r\nJune 7, 2006, 31 TexReg 4645; amended to be effective October 12,\r\n2006, 31 TexReg 8369; amended to be effective October 15, 2008, 33\r\nTexReg 8518; amended to be effective February 9, 2012, 37 TexReg 490;\r\namended to be effective December 7, 2016, 41 TexReg 9511; amended\r\nto be effective June 5, 2019, 44 TexReg 2721; amended to be effective\r\nOctober 10, 2019, 44 TexReg 5784; amended to be effective February\r\n5, 2020, 45 TexReg 761; amended to be effective June 4, 2025, 50 TexReg\r\n3246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111793", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.3", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203429", "queryAsDate": "03/11/2026" }, "ruleBody": "In computing any period of time prescribed or allowed by this chapter, by order of the board, or by any applicable statute, the period shall begin on the day after the act or the event considered, and conclude on the last day of such computed period, unless it be a Saturday, Sunday, or legal state holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal state holiday. If the triggering act or event is a written communication from the board that is sent by registered or certified mail, courier or public delivery service, facsimile transmission, or electronic transmission (such as e-mail), the act or event is deemed to have occurred on the date such communication was mailed, delivered to a courier or delivery service, faxed or e-mailed to the last address, e-mail address or facsimile number furnished to the board by the recipient.", "sourceNote": "Source Note: The provisions of this §519.3 adopted to be effective June 9, 2004, 29 TexReg 5628." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203429", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.4", "label": "Conduct and Decorum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154976", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Every person, party, witness, attorney, or other representative appearing before the board, board committee or board staff shall comport himself in all proceedings with proper dignity, courtesy, and respect for the board, the executive director, and all other participants. Disorderly conduct will not be tolerated. Attorneys and other representatives of parties shall observe and practice the standards of ethical behavior prescribed for attorneys at law by the State Bar of Texas.(b) Any person engaging in disorderly conduct or communicating with board members in violation of the prohibitions on ex parte communications may be excluded from any board, committee or staff proceeding and treated as if defaulting on obligations to the board.", "sourceNote": "Source Note: The provisions of this §519.4 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective October 15, 2008, 33 TexReg 8518; amended to be effective February 9, 2012, 37 TexReg 490; amended to be effective February 3, 2021, 46 TexReg 813." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154976", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.5", "label": "Ex Parte Consultations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154977", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless required for the disposition of ex parte matters as authorized by law, board members assigned to render a decision or make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of fact or law with any state agency, person, party or his representative, except on notice and with opportunity for all parties to participate.", "sourceNote": "Source Note: The provisions of this §519.5 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective February 9, 2012, 37 TexReg 491." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154977", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.6", "label": "Subpoenas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225243", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The executive director or his designated representative is delegated authority, pursuant to §901.166 of the Act (relating to Authority to Issue Subpoena, Administer Oath, and Receive Evidence) to issue subpoenas to compel the attendance of a candidate, applicant, licensee or any other relevant witness or to compel the production of relevant documents, records and other materials, maintained by electronic or other means in the furtherance of the investigation of any matter within the jurisdiction of the board. The executive director or his designated representative may administer oaths and take testimony and other evidence from any person who is the subject of a subpoena issued under this section in the furtherance of the investigation of any matter within the jurisdiction of the board.(b) The executive director or his designated representative is delegated authority to issue subpoenas authorized by the APA in contested cases and the Act.(c) A candidate, applicant, licensee or any other relevant witness may be deposed at the board's offices in Austin, Texas. If the deponent is not a party to a contested case, the board will reimburse the deponent for reasonable expenses incurred to attend the deposition in accordance with §2001.103 of the Texas Government Code. Any deponent may seek a protective order concerning the place of deposition on grounds stated in Texas Rule of Civil Procedure §192.6.(d) Interpretive Comment. This section should be read in conjunction with §501.93 of this title (relating to Responses).", "sourceNote": "Source Note: The provisions of this §519.6 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective June 1, 2005, 30 TexReg 3101; amended to be effective February 9, 2012, 37 TexReg 491." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225243", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.7", "label": "Criminal Offenses that May Subject a Licensee or Certificate Holder to Discipline or Disqualify a Person from Receiving a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181349", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Final conviction or placement on deferred adjudication for a felony, or final conviction or placement on deferred adjudication for the following misdemeanors, may subject a licensee or certificate holder to disciplinary action pursuant to §501.90 of this title (relating to Discreditable Acts) or disqualify a person from receiving a license or certificate, or deny a person the opportunity to take the UCPAE pursuant to §511.70 of this title (relating to Grounds for Disciplinary Action of Applicants). Licensees and certificate holders are often placed in a position of trust with respect to client funds and assets. The public including the business community relies on the integrity of licensees and certificate holders in providing professional accounting services or professional accounting work. The board considers a conviction or placement on deferred adjudication for a felony or conviction or placement on deferred adjudication for the following misdemeanor offenses to be evidence of an individual lacking the integrity necessary to be trusted with client funds and assets. The repeated failure to follow state and federal criminal laws directly relates to the integrity required to practice public accountancy. The board has determined that the following list of misdemeanor offenses evidence violations of law that involve integrity and directly relate to the duties and responsibilities involved in providing professional accounting services or professional accounting work, pursuant to the provisions of Chapter 53 of the Occupations Code:(1) dishonesty or fraud:(A) Unlawful Use of Criminal Instrument;(B) Unlawful Access to Stored Communications;(C) Illegal Divulgence of Public Communications;(D) Burglary of Coin-Operated or Coin Collection Machines; (E) Burglary of Vehicles;(F) Theft;(G) Theft of Service;(H) Tampering with Identification Numbers;(I) Theft of or Tampering with Multichannel Video or Information Services;(J) Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services Device;(K) Sale or Lease of Multichannel Video or Information Services Device;(L) Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft;(M) Forgery;(N) Criminal Simulation;(O) Trademark Counterfeiting;(P) Stealing or Receiving Stolen Check or Similar Sight Order;(Q) False Statement to Obtain Property or Credit or in the Provision of Certain Services;(R) Hindering Secured Creditors;(S) Fraudulent Transfer of a Motor Vehicle;(T) Credit Card Transaction Record Laundering;(U) Issuance of a Bad Check;(V) Deceptive Business Practices;(W) Rigging Publicly Exhibited Contest;(X) Misapplication of Fiduciary Property or Property of Financial Institution;(Y) Securing Execution of Document by Deception;(Z) Fraudulent Destruction, Removal, or Concealment of Writing;(AA) Simulating Legal Process;(BB) Refusal to Execute Release of Fraudulent Lien or Claim;(CC) Fraudulent, Substandard, or Fictitious Degree;(DD) Breach of Computer Security;(EE) Unauthorized Use of Telecommunications Service;(FF) Theft of Telecommunications Service;(GG) Publication of Telecommunications Access Device;(HH) Insurance Fraud;(II) Medicaid Fraud;(JJ) Coercion of Public Servant or Voter;(KK) Improper Influence;(LL) Acceptance of Honorarium (by restricted government employees);(MM) Gift to Public Servant by Person Subject to his Jurisdiction;(NN) Offering Gift to Public Servant;(OO) Perjury;(PP) False Report to Police Officer or Law Enforcement Employee;(QQ) Tampering with or Fabricating Physical Evidence;(RR) Tampering with Governmental Record;(SS) Fraudulent Filing of Financial Statement;(TT) False Identification as Peace Officer;(UU) Misrepresentation of Property;(VV) Record of a Fraudulent Court;(WW) Bail Jumping and Failure to Appear;(XX) False Alarm or Report;(YY) Engaging in Organized Criminal Activity;(ZZ) Violation of Court Order Enjoining Organized Criminal Activity;(AAA) Failing to file license holder's own tax return; and(BBB) Evading arrest;(2) moral turpitude:(A) Public Lewdness;(B) Indecent Exposure;(C) Enticing a Child;(D) Improper Contact with Victim;(E) Abuse of Corpse;(F) Prostitution;(G) Promotion of Prostitution;(H) Obscene Display or Distribution;(I) Obscenity;(J) Sale, Distribution, or Display of Harmful Material to Minor; and(K) Employment Harmful to Children;(3) alcohol abuse or controlled substances:(A) Possession of Substance in Penalty Group 3 (less than 28 grams), under the Texas Health and Safety Code;(B) Possession of Substance in Penalty Group 4 (less than 28 grams), under the Texas Health and Safety Code;(C) Manufacture, Delivery, or Possession with Intent to Deliver Miscellaneous Substances, under the Texas Health and Safety Code;(D) Manufacture, Delivery, or Possession of Miscellaneous Substances, under the Texas Health and Safety Code;(E) Delivery of Marijuana, under the Texas Health and Safety Code;(F) Possession of Marijuana, under the Texas Health and Safety Code;(G) Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance (for substance listed in a Schedule but not in a Penalty Group), under the Texas Health and Safety Code;(H) Possession or Delivery of Drug Paraphernalia, under the Texas Health and Safety Code;(I) Obstructing Highway or Other Passageway; and(J) Any misdemeanor involving intoxication under the influence of alcohol or a controlled substance.(4) physical injury or threats of physical injury to a person:(A) Assault;(B) Deadly Conduct;(C) Terroristic Threat; and(D) Leaving a Child in a Vehicle.(b) A licensee or certificate holder is often placed in a position of trust with respect to client funds; and the public, including the business community, relies on the integrity of licensees and certificate holders in preparing reports and providing professional accounting services or professional accounting work. The board considers repeated violations of criminal laws to relate directly to a licensee or certificate holder providing professional accounting services or professional accounting work.(c) A conviction or placement on deferred adjudication for a violation of any state or federal law that is equivalent to an offense listed in subsection (a)(1) - (4) of this section is considered to directly relate to a licensee or certificate holder providing professional accounting services or professional accounting work and may subject a certificate or registration holder to discipline by the board.(d) Misdemeanor convictions in another state will be analyzed by the general counsel to determine if such out of state misdemeanor has an equivalency to Texas law prior to opening a complaint investigation.", "sourceNote": "Source Note: The provisions of this §519.7 adopted to be\r\neffective June 9, 2004, 29 TexReg 5628; amended to be effective June\r\n7, 2006, 31 TexReg 4646; amended to be effective October 15, 2008,\r\n33 TexReg 8518; amended to be effective December 8, 2010, 35 TexReg\r\n10694; amended to be effective February 9, 2012, 37 TexReg 491; amended\r\nto be effective December 7, 2016, 41 TexReg 9512; amended to be effective\r\nDecember 6, 2017, 42 TexReg 6797; amended to be effective December\r\n4, 2019, 44 TexReg 7391; amended to be effective February 3, 2021,\r\n46 TexReg 814; amended to be effective June 4, 2025, 50 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181349", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.8", "label": "Administrative Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may impose an administrative penalty alone or in addition to other sanctions permitted under the Act. Board committees and the executive director are delegated the authority to determine if any alleged violation warrants an administrative penalty under Subchapter L of the Act.(b) The report of any such determination may be included in a notice of hearing.(c) A request for a hearing under §901.554 of the Act (relating to Penalty to be Paid or Hearing Requested) shall clearly notify the staff that the hearing must address issues relevant to the assessment of an administrative penalty by including the language \"RESPONDENT SPECIFICALLY REQUESTS A HEARING ON ADMINISTRATIVE PENALTIES\" in capital letters. Failure to include such language shall be a waiver of the right to a hearing within the meaning of §901.554 of the Act.(d) Pursuant to §901.551 of the Act (relating to Imposition of Administrative Penalty):(1) the board imposes an administrative penalty on licensees or certificate holders who, in violation of §901.411 of the Act (relating to Continuing Professional Education):(A) do not complete at least 120 hours of CPE in each three-year license period;(B) do not complete at least 20 hours in each one-year license period;(C) do not comply with board rules for the reporting of CPE; or(D) fail to complete or report sufficient ethics hours as required by §523.112 of this title (relating to Required CPE Participation);(2) considering the seriousness of violation of §901.411 of the Act, the hazard and potential hazard to the public from CPAs who are not trained in current accounting standards and practices, the amount necessary to deter future violations, and such other matters as the board considers justice may require, the administrative penalty for the violations described in paragraph (1) of this subsection is a minimum of $100 per licensee or certificate holder per license period;(3) the penalty may be assessed only on licensees or certificate holders against whom a final board order is issued.", "sourceNote": "Source Note: The provisions of this §519.8 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective December 7, 2011, 36 TexReg 8238; amended to be effective April 11, 2012, 37 TexReg 2407; amended to be effective February 12, 2014, 39 TexReg 661; amended to be effective December 7, 2016, 41 TexReg 9512." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225244", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.9", "label": "Administrative Penalty Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169373", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following table contains guidelines for the assessment of administrative penalties in disciplinary matters. In determining whether a violation is minor, moderate or major, the board will apply the factors to be considered set forth in §901.552(b) of the Act (relating to Amount of Penalty). In all cases where the board has determined a violation has occurred, administrative costs may be assessed, regardless of any other sanction imposed by the board.Attached Graphic(b) The amounts specified in subsection (a) of this section are guidelines only. The board retains the right to increase or decrease the amount of an administrative penalty based on the circumstances of each case it considers.", "sourceNote": "Source Note: The provisions of this §519.9 adopted to be\r\neffective June 9, 2004, 29 TexReg 5628; amended to be effective June\r\n7, 2006, 31 TexReg 4646; amended to be effective October 15, 2008,\r\n33 TexReg 8519; amended to be effective April 11, 2012, 37 TexReg\r\n2407; amended to be effective December 7, 2016, 41 TexReg 9512; amended\r\nto be effective August 10, 2022, 47 TexReg 4679; amended to be effective\r\nJune 4, 2025, 50 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169373", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.10", "label": "Extraordinary Cooperation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "169374", "queryAsDate": "03/11/2026" }, "ruleBody": "Extraordinary cooperation by an individual or firm licensee prior to or during a board investigation can be considered by the enforcement committee as the enforcement committee makes its determination on the need for sanctions. Extraordinary cooperation is voluntary and timely action beyond compliance with legal or regulatory obligations. It may consist of voluntary self-reporting, remedial or corrective action or substantial assistance to the board's investigative process or other enforcement authorities. If self-reporting is required by legal or regulatory obligations, it is not voluntary and is not considered extraordinary cooperation. The board recognizes the need to strike a balance between encouraging cooperation, which is a primary purpose of this rule, while maintaining accountability for conduct that violates board rules.", "sourceNote": "Source Note: The provisions of this §519.10 adopted to be effective October 8, 2014, 39 TexReg 7926." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=169374&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "169374", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.11", "label": "Cooperation with Regulatory Bodies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181351", "queryAsDate": "03/11/2026" }, "ruleBody": "The board, pursuant to §901.160(e) of the Act (relating to Availability and Confidentiality of Certain Board Files), may disclose information that is confidential under §901.160(c) of the Act to a governmental, regulatory or law enforcement agency if the requesting agency makes the request in writing and states that it is involved in an enforcement action.", "sourceNote": "Source Note: The provisions of this §519.11 adopted to be effective October 8, 2014, 39 TexReg 7926." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181351", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.12", "label": "Emergency Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196773", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Whenever the board, through its executive committee, determines that a licensee or certificate holder is engaged in or about to engage in an act of fraud or a violation of the Act and the licensee's or certificate holder's continued practice constitutes an immediate threat to the public welfare, the board, through its executive committee, may issue an order temporarily suspending the licensee's or certificate holder's license without notice and without a hearing. An order temporarily suspending a license issued by the executive committee must be ratified by the board at its next regularly scheduled meeting.(b) \"Immediate threat to the public welfare\" means a real and present danger to clients caused through the licensee's or certificate holder's lack of competence, impaired status, or failure to adequately service clients. A \"real and present danger\" exists if clients have a likely exposure to or significant risk of loss of funds or records or financial injury and is based on actual actions or inactions of the licensee or certificate holder. The executive committee may consider information that the licensee or certificate holder previously committed similar actions or inactions in determining whether the licensee or certificate holder poses an immediate threat to commit such actions or inactions in the future.(c) Pursuant to Chapter 551 of the Texas Government Code (relating to Open Meetings), the executive committee may hold a meeting by telephone conference call if immediate action is required and the convening at one location of the executive committee is difficult or impossible. Whenever possible, the executive committee will attempt to provide the licensee or certificate holder with notice and an opportunity to be present at the emergency suspension proceeding.(d) The determination of the executive committee may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on information of a type on which a reasonably prudent person commonly relies in the conduct of the licensee's or certificate holder's affairs. Presentations by the parties may be based on evidence or information and shall not be excluded on objection of a party unless determined by the chair that the evidence or information is clearly irrelevant or unduly inflammatory in nature; however, objections by a party may be noted for the record. Witnesses may provide sworn statements in writing or verbally and may choose to provide statements that are not sworn. However, whether a statement is sworn may be a factor to be considered by the executive committee in evaluating the weight to be given to the statement. Questioning of witnesses by board staff, the respondent or executive committee members is under the control of the executive committee chair.(e) The executive committee shall immediately serve notice of the suspension on the licensee or certificate holder in accordance with §901.5045(b) of the Act (relating to Emergency Suspension). The suspended licensee or certificate holder shall be provided the opportunity to request a hearing in accordance with §901.5045(c) of the Act. The hearing shall be conducted in the manner of a contested case pursuant to the Act, the APA, the board's rules and SOAH's rules; provided that time limits provided in §901.5045(c) of the Act shall control. At the close of the hearing, the ALJ shall recommend to the executive committee whether to uphold, vacate or modify the suspension order. If the ALJ's recommendation is to vacate the emergency suspension order, the executive committee shall determine whether to adopt that recommendation no later than the second business day after it receives that recommendation.", "sourceNote": "Source Note: The provisions of this §519.12 adopted to be effective October 8, 2014, 39 TexReg 7926; amended to be effective December 7, 2016, 41 TexReg 9513." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196773", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§519.13", "label": "Direct Administrative Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225245", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Legislature does not appropriate funds to finance the operations of the board. Instead, the board is funded by licensing fees and other sources and is responsible for all direct and indirect costs of operations. It is the policy of the board to impose all direct administrative costs against the persons responsible for the costs of enforcement as opposed to being assessed against the licensing fees collected from license holders in compliance with the Act in the absence of a waiver of these costs for good cause.(b) Direct administrative costs are defined in §519.2(10) of this chapter (relating to Definitions) and the board will use this definition in determining the direct administrative costs of an enforcement action. The direct administrative costs will not exceed the actual costs of the criteria established in §519.2(10) of this chapter.(c) The board staff is responsible for proving the amount and method of assessing the direct administrative costs being presented in a proceeding before an ALJ at SOAH and when presented to the board for the board's final decision. The costs will be documented by the staff recording the time they devote to each enforcement action.", "sourceNote": "Source Note: The provisions of this §519.13 adopted to be effective October 10, 2019, 44 TexReg 5785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225245", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.20", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225246", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Written complaints should contain information necessary for the proper processing of the complaint by the board, including:(1) complainant's name, address, email when available, and phone number;(2) name, address, email and phone number of the licensee or certificate holder against whom the complaint is filed;(3) description of the alleged violation;(4) supporting information and factual evidence;(5) names and addresses of witnesses; and(6) sources of other pertinent information.(b) The board has discretion whether or not to open an investigative file. A complaint that does not contain all of the information requested in subsection (a) of this section may be pursued if the missing information can be obtained from another source. For the board to proceed it must have jurisdiction over the person and the subject matter. Once the board has received a complaint, board staff shall conduct an initial screening of the complaint within 30 days. The board staff shall notify the complainant whether or not the board will proceed with an investigation.(c) The board may accept anonymous complaints. Anonymous complaints may not be investigated if insufficient information is provided, the allegations are vague, appear to lack factual foundation, or cannot be proved for lack of a witness or other evidence.(d) The board will periodically provide an update on the status of the complaint investigation to the complainant when there has been a substantive change of status. A substantive change would include the scheduling of the complaint investigation before an enforcement committee, the execution of an agreed consent order, a decision to refer the matter to litigation for prosecution at SOAH, any subsequent settlement agreement and the issuance of a proposal for decision.(e) The board may open a complaint investigation on:(1) an individual licensee and the individual's firm when it has evidence that the individual licensee participated in a possible violation of the Act or board rule; and(2) a firm when there is evidence that the firm, in the practice of public accountancy, may have caused harm to a Texas resident or entity.(f) Interpretive comment: The CPA firm may contact the board to determine if there is a nexus to Texas regarding the issue in subsections (e)(1) and (e)(2) of this section. The board will not open a complaint investigation on an out-of-state office unless the firm, in the practice of public accountancy, has caused harm to a person or entity located in Texas.", "sourceNote": "Source Note: The provisions of this §519.20 adopted to be\r\neffective June 9, 2004, 29 TexReg 5628; amended to be effective February\r\n9, 2012, 37 TexReg 492; amended to be effective October 10, 2019,\r\n44 TexReg 5785; amended to be effective June 4, 2025, 50 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225246", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.21", "label": "Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154984", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A board investigative file may be opened when the board determines that there may be a potential violation of the Act, board rules, or board order and the subject matter of the complaint is within the board's jurisdiction.(b) The board may open an investigative file on its own initiative.(c) A licensee or certificate holder shall cooperate with the board in its investigation of a complaint. The respondent will receive notice of the investigation by certified mail return receipt requested at the respondent's mailing address on file with the board. Upon notice of an investigation from the board, the respondent shall respond to the investigation and any request by the board for information or records concerning the investigation in accordance with §501.93 of this title (relating to Responses).(d) The respondent must provide the board with a detailed response to each allegation and the request for background information contained in the notice of investigation. The response must be in writing and delivered to the board within 30 days of the date of the notice of the investigation. The respondent's response may include any additional information the respondent wants the board to consider. Failure to provide the detail sought by the board to each allegation or to the records or documents requested will be considered a non-substantive response as also required in §501.93 of this title.(e) The board may request information from an individual, business entity, association, governmental subdivision or agency, or public or private organization who is not the subject of an investigation. (f) Withdrawal of a complaint by a complainant does not automatically cease an ongoing investigation.", "sourceNote": "Source Note: The provisions of this §519.21 adopted to be\r\neffective June 9, 2004, 29 TexReg 5628; amended to be effective February\r\n9, 2012, 37 TexReg 492; amended to be effective December 7, 2016,\r\n41 TexReg 9513; amended to be effective December 4, 2019, 44 TexReg\r\n7391; amended to be effective June 4, 2025, 50 TexReg 3247." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154984", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.22", "label": "Committee Considerations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225247", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each investigation shall be submitted to the appropriate committee for an initial determination as to whether a violation has occurred. The committee shall make a recommendation as to the appropriate disposition of the investigation.(b) The committee, in its sole discretion, may abate the investigation.(c) Cases that do not require committee consideration will not be presented to a committee.", "sourceNote": "Source Note: The provisions of this §519.22 adopted to be effective June 9, 2004, 29 TexReg 5628; amended to be effective February 9, 2012, 37 TexReg 493." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225247", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.23", "label": "Informal Conferences" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The committee, at its sole discretion, may invite the respondent and/or the complainant to an informal conference. The purpose of the conference is to assist the committee in the investigation. An informal conference is voluntary and is not a prerequisite to a hearing in a disciplinary action.(b) If the committee determines that the complainant's presence will aid in the investigation, then the committee will invite the complainant to appear at the informal conference. The committee will request the respondent to appear at a specified time and place for an informal conference.(c) The notice of an informal conference will state the date, time and place. The notice will be mailed and emailed to a correct address on file with the board to the respondent and complainant at least 10 days prior to the informal conference.(d) At an informal conference, the respondent may appear with legal representation but the respondent must agree to be the person responding to the committee's questions.(e) During an informal conference, each party is given the opportunity to make a brief presentation to the committee. The committee may ask questions regarding the matter being investigated and any matter of interest to the committee related to the investigation. The committee chair may call upon board staff at any time for assistance during the informal conference.(f) The committee may invite a non-party who has relevant information to the investigation to participate in the informal conference but the committee will determine who may attend and the process of the informal conference.", "sourceNote": "Source Note: The provisions of this §519.23 adopted to be\r\neffective June 9, 2004, 29 TexReg 5628; amended to be effective February\r\n9, 2012, 37 TexReg 493; amended to be effective December 7, 2016,\r\n41 TexReg 5913; amended to be effective June 4, 2025, 50 TexReg 3248." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225248", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.24", "label": "Committee Recommendations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225249", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the conclusion of its investigation the committee may make a recommendation to the board regarding the disposition of the investigation.(b) The committee may recommend dismissal of the complaint if the committee determines:(1) the board lacks jurisdiction; or(2) there is insufficient evidence of a violation of the Act, board rules or board order; or(3) the respondent came into compliance with the Act, board rules or board order.(c) The committee will inform the respondent of its recommendation but may, in its discretion, issue a confidential letter of comment stating the committee's concerns about respondent's practice and make suggestions that may improve respondent's practice. The committee's recommendation of dismissal is not final until it is ratified by the board in an open meeting.(d) If the committee determines that there is a violation of the Act, board rules or board order, the committee may recommend disciplinary action. The committee may recommend any disciplinary sanction provided in §901.501 of the Act (relating to Disciplinary Powers of Board), singularly or in any combination. The respondent shall be notified of the committee's action.(e) Upon a determination by the committee that there is a violation of the Act, board rule, or board order, the committee may offer respondent an agreed consent order containing the committee's findings of fact and conclusions of law, and proposed sanctions, administrative penalties and costs. The respondent shall be notified of the committee's determination by certified mail and by email at the respondent's physical address and correct email address on file with the board. The respondent shall have 20 calendar days to provide in writing Respondent's acceptance of the agreed consent order or request a hearing to contest the committee's determination in accordance with §519.3 of this chapter (relating to Computation of Time). Upon a showing of good cause, the 20 days may be extended. Failure to accept the proposed agreed consent order within the required time to respond shall be deemed a rejection.(f) If the respondent does not accept the proposed agreed consent order and fails to request a hearing in writing within the required time, the executive director, after providing notice of hearing before the executive director and respondent failing to appear, may offer a proposed order containing the committee's findings of fact and conclusions of law and imposing disciplinary sanctions, and administrative penalties and costs for the board's consideration and ratification. The hearing shall be conducted in the manner of a contested case pursuant to the Act, the APA, the board's rules and SOAH's rules. A proposed order offered by the executive director is not final until it has been approved by the board.", "sourceNote": "Source Note: The provisions of this §519.24 adopted to be\r\neffective June 9, 2004, 29 TexReg 5628; amended to be effective October\r\n15, 2008, 33 TexReg 8519; amended to be effective February 9, 2012,\r\n37 TexReg 493; amended to be effective April 10, 2013, 38 TexReg 2223;\r\namended to be effective December 7, 2016, 41 TexReg 9514; amended\r\nto be effective June 4, 2025, 50 TexReg 3248." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225249", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.25", "label": "Mediation and Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181355", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the board's policy to encourage the resolution and early settlement of all disputed matters, internal and external, through voluntary settlement procedures.(b) The executive director shall designate a board employee as the board's Alternative Dispute Resolution Director to perform the following functions:(1) maintain necessary agency records of alternative dispute resolution procedures while maintaining the confidentiality of participants;(2) establish a method for the appointment of impartial third party mediators, moderators or arbitrators for alternative dispute resolution proceedings;(3) provide information about available alternative dispute resolution processes to agency employees, potential users, and users of the alternative dispute resolution program;(4) arrange training or education necessary to implement alternative dispute resolution processes; and(5) establish a system to evaluate the alternative dispute resolution program and mediators.(c) The board, a committee of the board, a respondent in a disciplinary matter pending before the board, the executive director of the board or a board employee engaged in a dispute with the executive director may request that a contested matter be submitted for alternative dispute resolution through mediation as described in §154.023 of the Texas Civil Practice and Remedies Code, moderated settlement conference as described in §154.025 of the Texas Civil Practice and Remedies Code, and non-binding arbitration as described in §154.027 of the Texas Civil Practice and Remedies Code by making a written request for alternative dispute resolution that states the type of alternative dispute resolution requested and sets forth the issues to be submitted for alternative dispute resolution. A respondent in a disciplinary proceeding may not request mediation until a recommendation regarding that disciplinary matter has been made to a committee of the board. The request must be delivered to the Alternative Dispute Resolution Director at the board's office.(d) The party who requests alternative dispute resolution shall pay the cost of the impartial third-party mediator, moderators or arbitrators and shall otherwise bear their own costs of alternative dispute resolution.(e) The board's alternative dispute resolution director is responsible for locating an impartial third-party mediator, moderator or arbitrator and arranging for a location and time for mediation. The mediator, moderator or arbitrator must be agreed to by all the parties.(f) The mediation date shall be established by agreement with the parties but shall be no later than 45 days of the board's receipt of the request. The 45-day time limitation may be extended by the executive director following a demonstration of good cause.(g) Any resolution reached as a result of an alternative dispute resolution procedure is intended to be through the voluntary agreement of all of the parties. The resolution of a contested matter reached as a result of an alternative dispute resolution procedure must be in writing, signed by all of the parties, and is enforceable in the same manner as any other written contract; provided however, that any signed resolution that purports to bind the board must be ratified by the board and may be made public depending upon the terms of the agreed resolution.(h) A communication relating to the subject matter made by a party in an alternative dispute resolution procedure is confidential, is not subject to disclosure, and may not be used as evidence in any further proceeding. Any notes or record made of an alternative dispute resolution procedure are confidential, and parties, including impartial third party mediators, moderators, or arbitrators may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute or under consideration. An oral communication or written material used in or made a part of an alternative dispute resolution procedure is admissible or discoverable only if it is admissible or discoverable independent of the procedure. If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to a judge or administrative law judge in Travis County, Texas to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.", "sourceNote": "Source Note: The provisions of this §519.25 adopted to be\r\neffective June 9, 2004, 29 TexReg 5628; amended to be effective October\r\n15, 2008, 33 TexReg 8520; amended to be effective February 9, 2012,\r\n37 TexReg 493; amended to be effective June 4, 2025, 50 TexReg 3248." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181355", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.26", "label": "Complaint and Eligibility of an Applicant for Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181356", "queryAsDate": "03/11/2026" }, "ruleBody": "The board may, on its own motion, or on the complaint of any person, initiate proceedings to determine the eligibility of an applicant for the issuance of a certificate. Sufficient cause for this action includes, but is not limited to, any of the following instances:(1) fraud or deceit by an applicant on the certification application;(2) final conviction of a felony or of any crime, involving dishonesty, fraud, moral turpitude, alcohol abuse or controlled substances, or physical injury or threats of physical injury to a person, under the laws of any state or of the United States, or the imposition of deferred adjudication in connection with the criminal prosecution of such an offense; or(3) conduct indicating a lack of fitness to serve the public as a professional accountant.", "sourceNote": "Source Note: The provisions of this §519.26 adopted to be effective August 8, 2012, 37 TexReg 5783; amended to be effective December 7, 2016, 41 TexReg 9514." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181356", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.27", "label": "Factors Considered in Certification Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181357", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise determined by the board, the following are reasons why an applicant may not be certified as a CPA:(1) An applicant has been convicted of a felony offense, which results in incarceration, probation, parole, mandatory supervision or deferred adjudication.(2) An applicant has been convicted of a felony or misdemeanor offense, or granted a deferred adjudication which directly relates to the practice of public accountancy.(3) The applicant applying for the issuance of a certificate who can be identified in paragraph (1) or (2) of this section has the right to a hearing before the board, to present evidence relative to the conviction. As a part of the hearing, the board's consideration shall include the following issues before reaching a decision:(A) the nature and seriousness of the crime as it applies to the board's statutory responsibility to ensure that a person maintains high standards of competence and integrity;(B) the extent to which the applicant might have an opportunity to repeat criminal activity of the same type as that in which the applicant was previously involved;(C) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a CPA; and(D) the additional factors provided in §53.023 of the Texas Occupations Code.(4) Because a licensee is often placed in a position of trust, and because the public in general, and the business community in particular, rely on the reports and other services of the licensee, the board considers that the following crimes directly relate to the practice of public accountancy:(A) a felony offense or misdemeanor offense of which dishonesty or fraud is an element;(B) a felony offense or misdemeanor offense which results in the suspension or revocation of the right to practice before any state or federal agency for a cause which in the opinion of the board warrants its action; and(C) crimes involving moral turpitude, alcohol abuse or controlled substances, or physical injury or threats of physical injury to a person.(5) The following procedures shall apply in the processing of the application for certification:(A) The applicant shall respond, under penalty of perjury, to the question, \"Have you ever been convicted of a felony or a misdemeanor, placed on probation, or granted deferred adjudication in any state or by the federal government?\"(B) The board shall obtain criminal history record information on an applicant about whom the executive director finds evidence to warrant a record search.(C) The board shall review the application, statements made by the applicant relating to criminal activity, criminal history record information, and shall approve or disapprove the application as the evidence warrants. All applications disapproved under these conditions shall be scheduled for a hearing upon written request of the applicant.", "sourceNote": "Source Note: The provisions of this §519.27 adopted to be effective August 8, 2012, 37 TexReg 5783; amended to be effective December 7, 2016, 41 TexReg 9514." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181357", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.28", "label": "Action Relating to Investigation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197183", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board, having conducted an investigation under this title, may reach the following conclusions:(1) deny an applicant the opportunity for issuance of a certificate;(2) deny an applicant's application to take the uniform CPA examination;(3) prohibit an applicant from certification or from taking the uniform CPA examination for a period not to exceed five years;(4) issue an applicant a certificate with conditions and requirements imposed by the board;(5) void an applicant's uniform CPA examination grades; or(6) close the case without adverse action against an applicant.(b) The board shall refund the issuance fee submitted by an applicant for certification if the applicant is denied the issuance of a certificate.(c) An applicant may petition the board in writing for a reversal of the board's findings. After notice and hearing the board may:(1) approve an application for certification that was previously denied;(2) uphold its prior findings;(3) overturn its prior findings; or(4) modify its prior findings.", "sourceNote": "Source Note: The provisions of this §519.28 adopted to be effective August 8, 2012, 37 TexReg 5783; amended to be effective December 7, 2016, 41 TexReg 9515." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197183", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "COMPLAINTS AND INVESTIGATIONS" }, "rule": { "number": "§519.29", "label": "Voluntary Surrender of Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Subject to board approval, a certificate holder may voluntarily surrender his certificate by submitting a written statement of intent to voluntarily surrender the certificate.(b) The board may deny a certificate holder's application to voluntarily surrender his certificate in order for the board to initiate and complete an investigation of any of the reportable events identified in §501.91(a) of this title (relating to Reportable Events).(c) Once a certificate holder has surrendered their certificate, they are no longer eligible to hold a license under §901.402 of the Act (relating to Eligibility Requirements; General Prohibition) and licensing exemptions will no longer apply.(d) A former certificate holder who has voluntarily surrendered his certificate under subsection (a) of this section may apply for a new certificate upon completion of the following requirements:(1) evidence of completion of all CPE that would have been required to be completed up to a maximum of 120 hours over the three years immediately preceding the application including a four-hour board approved ethics course;(2) a sworn affidavit in the form provided by the board stating that the former certificate holder has not been convicted of, placed on community supervision or accepted deferred adjudication for any felony crime or for any misdemeanor crime involving dishonesty, fraud, moral turpitude, alcohol abuse or controlled substances, or physical injury or threats of physical injury to a person under the laws of any state or the United States and that the former certificate holder did not surrender the certificate to avoid disciplinary action by the board or to avoid administrative revocation under board rules adopted pursuant to §§901.159, 901.411 or 901.502 of the Act (relating to Peer Review; Continuing Professional Education; or Grounds for Disciplinary Action);(3) payment of all fees that would have been paid if the former certificate holder's license had been active since the date of surrender and all applicable late fees; and(4) unless fingerprints have been previously submitted for licensure on or after September 1, 2014, a complete and legible set of fingerprints from a vendor approved by the Texas Department of Public Safety for the purposes of obtaining applicant's criminal history record information in order to ensure the applicant lacks a history of dishonest or felonious acts and the board is aware of any criminal activity that might be relevant to the applicant's qualifications to take the UCPAE.(e) A new certificate issued to a former certificate holder will bear the same certificate number as the original certificate.(f) If an individual, subject to the approval of the board, voluntarily surrenders and resigns the certificate or registration during the course of a disciplinary investigation or proceeding conducted by the board, this fact shall be disclosed in any later application for a new certificate, and shall be considered before the issuance of a new certificate.(g) A voluntary surrender is effective on the date of this agency's approval letter or other written notification. The voluntary surrender may be disapproved when doing so is in the best interest of the public. It is in the best interest of the public to deny a licensee's voluntary surrender prior to the adjudication of a board complaint, criminal charge or civil proceeding alleging fraud or dishonesty.(h) If a certificate holder voluntarily surrenders his certificate after being charged with a crime for which he subsequently receives a conviction or deferred adjudication, or voluntarily surrenders his certificate subsequent to the filing of a civil suit alleging fraud or dishonesty which subsequently results in a finding by a court of fraud or dishonesty, the voluntary surrender may be set aside by the board upon a finding by the board that the criminal or civil adjudication warrants disciplinary action.", "sourceNote": "Source Note: The provisions of this §519.29 adopted to be effective August 8, 2012, 37 TexReg 5784; amended to be effective December 7, 2016, 41 TexReg 9516; amended to be effective June 5, 2019, 44 TexReg 2721; amended to be effective December 4, 2019, 44 TexReg 7392." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203431", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PROCEEDINGS AT SOAH" }, "rule": { "number": "§519.40", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154989", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board appoints SOAH or the executive director as provided for in §519.24(f) of this chapter (relating to Committee Recommendations) to be its finder of fact in contested cases pursuant to §901.508 of the Act (relating to Right to Hearing). The board does not delegate and retains for itself the right to determine the sanctions and make the final decision in any contested case.(b) SOAH hearings of contested cases shall be conducted in accordance with the APA by an ALJ assigned by SOAH. Jurisdiction over the case is acquired by SOAH when the board staff files a request to docket case.(c) For administrative hearings or proceedings covered by the APA a witness called by the board is entitled to receive reimbursement from the board for meals, lodging and mileage while going to and returning from the place of the hearing or proceeding if the hearing or proceeding is more than 25 miles from the place of residence of the witness, and such reimbursement will be at the rate:(1) provided by law for state employees if the witness uses their personally owned or leased motor vehicle to attend the hearing or proceeding;(2) provided by law for state employees if the witness does not use their personally owned or leased motor vehicle to attend the hearing or proceeding; and(3) for meals and lodging provided by law for state employees.(d) The board will pay the witness a $50.00 fee for each day or portion of day the witness appears on behalf of the board at a SOAH docketed administrative hearing or related proceeding the witness attends.", "sourceNote": "Source Note: The provisions of this §519.40 adopted to be effective June 9, 2004, 29 TexReg 5629; amended to be effective October 15, 2008, 33 TexReg 8520; amended to be effective February 9, 2012, 37 TexReg 494; amended to be effective December 7, 2016, 41 TexReg 9517; amended to be effective February 3, 2021, 46 TexReg 814." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154989", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PROCEEDINGS AT SOAH" }, "rule": { "number": "§519.41", "label": "Disciplinary Powers of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160513", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On a determination that a ground for discipline exists under §901.502 of the Act (relating to Grounds for Disciplinary Action), the board may:(1) revoke a certificate, firm license, or practice privilege issued or granted under this title;(2) suspend under any terms a certificate, firm license, practice privilege, or license issued or granted under this title for a period not to exceed five years;(3) refuse to renew a license;(4) place a licensee or certificate holder on probation;(5) reprimand a licensee or certificate holder;(6) limit the scope of a licensee or certificate holder's practice;(7) require a licensee or certificate holder to complete a peer review program conducted in the manner prescribed by the board;(8) require a licensee or certificate holder to complete CPE specified by the board;(9) impose on a licensee or certificate holder the direct administrative costs incurred by the board in taking action under paragraphs (1) - (8) of this subsection;(10) require a licensee or certificate holder to pay restitution as provided by §901.6015 of the Act (relating to Restitution);(11) impose an administrative penalty under Subchapter L of the Act; or(12) impose any combination of the sanctions provided by this subsection.(b) If a person's license suspension is probated, the board may require the person to:(1) report regularly to the board on matters that are the basis of the probation;(2) limit practice to the areas prescribed by the board; or(3) continue or renew professional education until the license holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.(c) The following applies to a CPA that has been suspended from the practice of public accountancy:(1) May not continue to provide accounting related services to the public as a CPA in the State of Texas.(2) The suspended licensee's name must be removed from any firm name licensed with the board.(3) The suspended licensee may perform accounting related services as a non-licensee employee of a licensed CPA firm or as an employee of a business not providing accounting services to the public but may not use the CPA credential during the term of the suspension.(4) A suspended licensee remains a certificate holder and is subject to the board's rules of professional conduct.(5) Licensing fees do not accrue during the term of a non-administrative suspension or revocation and are not owed the board upon reinstatement.", "sourceNote": "Source Note: The provisions of this §519.41 adopted to be effective February 9, 2011, 36 TexReg 546; amended to be effective February 9, 2012, 37 TexReg 494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160513", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "PROCEEDINGS AT SOAH" }, "rule": { "number": "§519.42", "label": "Administrative Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154991", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When a contested case has been docketed with SOAH, the board will provide the respondent and relevant parties with a Notice of Hearing and Complaint in accordance with §2001.052 of the Texas Government Code and applicable SOAH rules.(b) The respondent and/or their relevant parties shall enter an appearance, with a copy to the board, within 20 days of the date on which the notice of hearing and complaint was served on the respondent and/or their relevant parties.(c) For purposes of this section, entering an appearance means the filing of a written answer or other responsive pleading with SOAH.(d) The failure by the respondent to timely enter an appearance as provided in this section shall entitle the petitioner to motion the administrative court to dismiss the proceeding and permit the board to informally dispose of the case by default.(e) The notice of hearing and complaint shall include the following language in capital letters in at least 12-point boldface type: \"YOU MUST ENTER AN APPEARANCE BY FILING A WRITTEN ANSWER OR RESPONSE TO THE ALLEGATIONS CONTAINED IN THIS NOTICE WITHIN 20 DAYS OF THE DATE THIS NOTICE WAS MAILED. YOUR FAILURE TO DO SO SHALL ENTITLE THE BOARD TO REQUEST THE DISMISSAL OF THE CASE AND TO INFORMALLY DISPOSE OF THIS CASE BY DEFAULT. THE ALLEGATIONS AGAINST YOU WILL BE DEEMED ADMITTED AND AN ORDER ENFORCING THE ACTION WILL BE ENTERED BY THE BOARD.\"(f) A motion to vacate a default judgment rendered by the ALJ must be filed within 10 days of the service of notice of the default judgment.", "sourceNote": "Source Note: The provisions of this §519.42 adopted to be effective February 9, 2012, 37 TexReg 494; amended to be effective February 6, 2013, 38 TexReg 499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154991", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "PROCEDURES AFTER HEARING" }, "rule": { "number": "§519.71", "label": "Exceptions and Replies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195501", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Exceptions to the PFD and any replies to exceptions must be filed within the time specified in SOAH's rules.(b) The form of exceptions and replies is governed by SOAH's rules.(c) Each exception or reply to a finding of fact or conclusion of law shall be concisely stated and shall summarize the evidence in support thereof. Arguments shall be logical and citations to authorities shall be complete.(d) Any party may request oral argument before the board after service of the PFD and disposition of the exceptions, if any, and before the board's final determination of the matter. The written request for oral argument must be filed with the board's executive director no later than 5:00 p.m. on the twentieth day prior to the board meeting at which the matter is to be considered. The presiding officer may waive the twenty day notice requirement if such action would best serve the public interest. Oral argument is allowed only at the discretion of the board. In the event oral argument is granted by the board, each party will be notified of the time and place of the argument and the amount of time allotted for the presentation. Only one spokesman per party and position will be allowed to speak. At the conclusion of the presentation, board members may ask questions of the person who made the presentation. Under no circumstances may any party making oral argument to the board refer to or urge reliance on materials that are not part of the administrative record.", "sourceNote": "Source Note: The provisions of this §519.71 adopted to be effective June 9, 2004, 29 TexReg 5634; amended to be effective October 15, 2008, 33 TexReg 8521; amended to be effective February 9, 2012, 37 TexReg 495." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195501&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195501", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "PROCEDURES AFTER HEARING" }, "rule": { "number": "§519.72", "label": "Decisions and Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111826", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All decisions and orders of the board pertaining to a contested case shall be made during a public meeting duly noticed pursuant to the Chapter 551 of the Texas Government Code (relating to Open Meetings). The board's decisions and orders shall be in writing and reported in the minutes of the meeting. An order of the board shall include findings of fact and conclusions of law, separately stated.(b) A copy of the decision or order of the board shall be delivered or mailed to all parties or, if represented by counsel, to their attorney of record.(c) The board may change a finding of fact or conclusion of law made by the ALJ, or may vacate or modify an order issued by the ALJ, only if the board determines:(1) that the ALJ did not properly apply or interpret applicable law, agency rules, written policies provided to the ALJ with a written statement of applicable rules or policies, or prior administrative decisions;(2) that a prior administrative decision on which the ALJ relied is incorrect or should be changed; or(3) that a technical error in a finding of fact should be changed.(d) If the board modifies, amends, or changes the ALJ's recommended order, an order shall be prepared reflecting the board's changes and the board's specific reason and legal basis for the changes.(e) A board decision or order is administratively final when:(1) there is no filing of a timely motion for rehearing; or(2) a timely motion for rehearing is filed and the latest timely filed motion for rehearing is overruled by board order or operation of law.(f) The board shall make the final decision in assessing the discipline provided for in §901.501 of the Act (relating to Disciplinary Powers of Board) and §519.41 of this chapter (relating to Disciplinary Powers of the Board).(g) Interpretive comment. Section 2001.058(e) of the APA provides the standard that a governmental agency must follow in changing a recommendation of an ALJ of SOAH. Case law makes it clear that the standard must be strictly adhered to in order for the change to the recommendation to be valid. The above language in subsection (c) of this section addresses the required standards.", "sourceNote": "Source Note: The provisions of this §519.72 adopted to be effective June 9, 2004, 29 TexReg 5634; amended to be effective February 15, 2007, 32 TexReg 530; amended to be effective June 11, 2008, 33 TexReg 4505; amended to be effective February 9, 2012, 37 TexReg 495; amended to be effective December 7, 2016, 41 TexReg 9517; amended to be effective June 5, 2019, 44 TexReg 2722." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111826", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "POST BOARD ORDER PROCEDURES" }, "rule": { "number": "§519.90", "label": "Motions for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195502", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motion for rehearing must be filed with the board in accordance with the APA.(b) Board action on the motion for rehearing must be taken in accordance with the APA.", "sourceNote": "Source Note: The provisions of this §519.90 adopted to be effective June 9, 2004, 29 TexReg 5636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195502", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "POST BOARD ORDER PROCEDURES" }, "rule": { "number": "§519.91", "label": "Judicial Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111828", "queryAsDate": "03/11/2026" }, "ruleBody": "Once a board order has become administratively final under §519.72(e) of this chapter (relating to Decisions and Orders), a party aggrieved by the order may seek judicial review of the order in accordance with the APA.", "sourceNote": "Source Note: The provisions of this §519.91 adopted to be effective June 9, 2004, 29 TexReg 5636; amended to be effective February 9, 2012, 37 TexReg 495; amended to be effective June 5, 2019, 44 TexReg 2722." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111828&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111828", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "POST BOARD ORDER PROCEDURES" }, "rule": { "number": "§519.92", "label": "The Record and Assessment of Cost of Preparation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181361", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The record in any case includes:(1) all pleadings, motions, and intermediate rulings of the ALJ;(2) the transcript of the hearing on the merits;(3) the evidence received or considered at the hearing on the merits;(4) any statements of matters officially noticed;(5) all objections to evidence, rulings on the objections and any offers of proof;(6) any decision or opinion, objections to any decision or opinion, and rulings on the objections; and(7) all staff memoranda and correspondence from parties or data submitted to or considered by the ALJ or the board in making decisions.(b) The board shall require a party who seeks judicial review of a final decision of the board to pay all or part of the actual cost of preparation of the original or a certified copy of the record required to be transmitted to a reviewing court.", "sourceNote": "Source Note: The provisions of this §519.92 adopted to be effective June 9, 2004, 29 TexReg 5636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181361&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181361", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "POST BOARD ORDER PROCEDURES" }, "rule": { "number": "§519.93", "label": "Publication of Disciplinary/Administrative Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "111830", "queryAsDate": "03/11/2026" }, "ruleBody": "The board may publish in the board's official publication, the Texas State Board Report, the name of any licensee or certificate holder who is the subject of a disciplinary or administrative action. Such publication shall not occur until a final board order has been issued. The publication may contain a narrative factual summary of the actions giving rise to the disciplinary or administrative action.", "sourceNote": "Source Note: The provisions of this §519.93 adopted to be effective June 9, 2004, 29 TexReg 5636; amended to be effective February 9, 2012, 37 TexReg 496; amended to be effective December 7, 2016, 41 TexReg 9518." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=111830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "111830", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "POST BOARD ORDER PROCEDURES" }, "rule": { "number": "§519.94", "label": "Compliance with Board Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197184", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall use all available means to insure that any person subject to a board order adheres to the terms and conditions of that board order.", "sourceNote": "Source Note: The provisions of this §519.94 adopted to be effective June 9, 2004, 29 TexReg 5636." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197184&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197184", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "519", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "POST BOARD ORDER PROCEDURES" }, "rule": { "number": "§519.95", "label": "Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221087", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person whose certificate has been revoked may be considered for reinstatement:(1) after two years following the successful completion of all obligations to the criminal justice system related to convictions that led to the revocation, if any, with no criminal conviction during that two year period;(2) if there have been no final adjudications finding violations of the Act or any board rule for two years from the effective date of the revocation; and(3) if the applicant demonstrates from the date of the revocation or from the date of a two year period following the completion of all obligations to the criminal justice system, the following:(A) Responsibility: applicants must demonstrate that they recognize that their actions were unacceptable, they are accountable for those actions, and they have the ability and intent to not repeat those actions.(B) Rehabilitation: applicants must demonstrate that they have made behavioral and practice changes that evidence the intent to not repeat the action that resulted in the revocation.(C) Restitution: applicants must have completed the terms of any agreement or assessment against the applicant.(D) Fingerprints: unless fingerprints have been previously submitted for licensure on or after September 1, 2014, a complete and legible set of fingerprints from a vendor approved by the Texas Department of Public Safety for the purposes of obtaining applicant's criminal history record information to ensure the applicant lacks a history of dishonest or felonious acts and the board is aware of any criminal activity that might be relevant to the applicant's qualifications to take the UCPAE.(b) All requests for reinstatement must be in writing to the board.(c) Reinstatement will be at the sole discretion of the board.", "sourceNote": "Source Note: The provisions of this §519.95 adopted to be effective February 1, 2005, 30 TexReg 392; amended to be effective February 9, 2012, 37 TexReg 496; amended to be effective December 7, 2016, 41 TexReg 9518; amended to be effective October 10, 2018, 43 TexReg 6644; amended to be effective December 4, 2019, 44 TexReg 7392." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221087&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221087", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.1", "label": "Authority and Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221088", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority for this chapter is provided in Subchapter N of the Act, which is titled Scholarships for Accounting Students. This chapter establishes procedures to administer the accounting students scholarship programs.(b) The purpose of the accounting students scholarship programs is to provide financial assistance to students intending to take the UCPAE and to assist accounting students by establishing the Examination Fee Financial Aid (EFFA) program for the purpose of obtaining a CPA certificate and thus increase the number of highly trained and educated CPAs available to serve the residents of this state.(c) The purpose of the EFFA program is to provide financial assistance, as long as funding is available as determined by the board, by utilizing operating funds for the reimbursement of exam fees to applicants applying for certification as a CPA as described in §901.653 of the Act (relating to Scholarships).", "sourceNote": "Source Note: The provisions of this §520.1 adopted to be effective December 9, 2009, 34 TexReg 8727; amended to be effective April 10, 2013, 38 TexReg 2223; amended to be effective February 8, 2017, 42 TexReg 428; amended to be effective October 4, 2023, 48 TexReg 5667; amended to be effective October 9, 2024, 49 TexReg 8087." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221088&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221088", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221089", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Cost of attendance--An estimate of the expenses incurred by a typical financial aid student in attending a particular college or university. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses - to include the UCPAE fee paid to NASBA).(2) Expected family contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined by the US Department of Education Definition of Expected Family Contribution.(3) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with board guidelines.(4) Gift Aid--Educational funds from state, federal, and other sources, such as grants, that do not require repayment from present or future earnings. Assistantships and work-study programs are not considered to be gift aid.(5) Half-time student--For undergraduates, not in their final semester, who are enrolled or are expected to be enrolled for the equivalent of at least six but not more than nine semester credit hours. For graduate students, not in their final semester, who are enrolled or are expected to be enrolled for the equivalent of 4.5 but not more than six semester credit hours.(6) Institution--Public and private or independent institutions of higher education as defined in Texas Education Code,§61.003.(7) NASBA--The National Association of State Boards of Accountancy.(8) Period of enrollment--The term or terms within the current state fiscal year (September 1 - August 31) for which the student was enrolled in an approved institution and met all the eligibility requirements for an award through the program described in this chapter.(9) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the board. The program officer has primary responsibility for all ministerial acts required by the program, including maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as program officer.(10) Resident of Texas--A resident of the State of Texas as determined in accordance with 19 TAC Part 1, Chapter 21, Subchapter B (relating to Determination of Resident Status). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.(11) UCPAE fee--The exam cost paid by the applicant to NASBA to take a section of the UCPAE.", "sourceNote": "Source Note: The provisions of this §520.2 adopted to be effective December 9, 2009, 34 TexReg 8727; amended to be effective February 9, 2011, 36 TexReg 547; amended to be effective April 10, 2013, 38 TexReg 2224; amended to be effective February 8, 2017, 42 TexReg 428; amended to be effective October 9, 2024, 49 TexReg 8087." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221089&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221089", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.3", "label": "Institutions for the Accounting Students Scholarship Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221090", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligibility.(1) Any college or university defined as a public, private or independent institution of higher education by Texas Education Code, §61.003 that offers the courses required by §§511.57, 511.58 and 511.60 of this title (relating to Qualified Accounting Courses to take the UCPAE, Definitions of Related Business Subjects to take the UCPAE and Qualified Accounting Courses Prior to January 1, 2024 to take the UCPAE), is eligible to participate in the accounting students scholarship program.(2) No institution may, on the grounds of race, color, national origin, gender, religion, age or disability exclude a student from participation in or deny the benefits of the program described in this chapter.(3) Each participating institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.(b) Approval.(1) Each approved institution must enter into an agreement with the board, the terms of which shall be prescribed by the executive director.(2) An institution must be approved by April 1 in order for qualified students enrolled in that institution to be eligible to receive scholarships in the following fiscal year beginning September 1st.(c) Responsibilities.(1) Probation Notice. If the institution is placed on public probation by its accrediting agency, it must immediately advise scholarship recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.(2) Disbursements to Students.(A) The institution must maintain records to prove the disbursement of program funds to the student or the crediting of such funds to the student's school account.(B) If the executive director has reason to believe that an institution has disbursed funds for unauthorized purposes, the institution will be notified and offered an opportunity for a hearing pursuant to the applicable procedures outlined in Chapter 519 of this title (relating to Practice and Procedure) and the rules of procedure of SOAH. Thereafter, if the board determines that funds have been improperly disbursed, the institution shall become responsible for restoring the funds to the board. No further disbursements of scholarship funds shall be permitted to students at that institution until the funds have been repaid.(d) Reporting.(1) All institutions must meet board reporting requirements. Such reporting requirements shall include reports specific to allocation of scholarship funds as well as progress and year-end reports.(2) Penalties for Late Reports.(A) The executive director may penalize an institution by reducing its allocation of funds in the following year by up to 10 percent for each progress report that is postmarked or submitted electronically more than a week (seven (7) calendar days) late.(B) The executive director may assess more severe penalties against an institution if any report is received by the board more than one-month (thirty (30) calendar days) after its due date. The maximum penalty for a single year is 30 percent of the school's allocation. If penalties are invoked two consecutive years, the institution may be penalized an additional 20 percent.(3) If the executive director determines that a penalty is appropriate, the institution will be notified by certified mail, addressed to the program officer. Within 21 days from the date that the program officer receives the written notice, the institution must submit a written response appealing the board's decision, or the penalty shall become final and no longer subject to an appeal. An appeal under this section will be conducted in accordance with the rules provided in the applicable sections of Chapter 519 of this title and the procedural rules of SOAH.(e) Program Reviews. If selected for such by the board, participating institutions must submit to program reviews of activities related to the accounting students scholarship program.", "sourceNote": "Source Note: The provisions of this §520.3 adopted to be effective December 9, 2009, 34 TexReg 8728; amended to be effective April 7, 2010, 35 TexReg 2745; amended to be effective April 10, 2013, 38 TexReg 2224; amended to be effective February 8, 2017, 42 TexReg 428; amended to be effective April 18, 2018, 43 TexReg 2275; amended to be effective June 8, 2022, 47 TexReg 3264; amended to be effective October 4, 2023, 48 TexReg 5667; amended to be effective October 9, 2024, 49 TexReg 8087." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221090&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221090", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.4", "label": "Eligible Students for the Accounting Students Scholarship Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221091", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To receive funds:(1) an undergraduate student majoring in accounting must be enrolled at least half-time at an approved institution in Texas that is participating in the scholarship program, and attending consecutive semesters or in the final semester of the degree; or(2) a graduate student majoring in accounting must be enrolled at least half-time or in the final semester of the degree at an approved institution in Texas that is participating in the scholarship program.(b) To receive funds, a student must:(1) maintain satisfactory academic progress in the program of study as defined by the institution;(2) have completed at least 15 semester hours of upper-level accounting coursework;(3) sign a written statement confirming the intent to take the examination conducted by or pursuant to the authority of the board for the purpose of obtaining a certificate of certified public accountant in Texas;(4) agree to pay on demand all scholarship funds received if the student does not take at least one part of the exam within three years of submitting the application of intent, unless the executive director grants an extension of the three-year requirement upon a showing of good cause;(5) agree that failure to comply with paragraph (4) of this subsection may cause the board to take measures necessary to enforce the repayment of the scholarship including bringing a civil suit in state district court;(6) confirm that the applicant submitted an Application of Intent and has not met the educational requirements for certification in Texas;(7) maintain a cumulative grade point average, as determined by the institution, that is equal to or greater than the grade point average required by the institution for graduation;(8) be a resident of Texas; and(9) have a statement on file with the institution of higher education indicating the student is registered with the Selective Service System as required by federal law or is exempt from Selective Service registration under federal law.(c) In selecting recipients, the Program Officer shall consider at a minimum the following factors relating to each applicant:(1) the applicant's financial need, which may be based on but not limited to the cost of the applicant attending school less family contribution and any gift aid (an award may not exceed the applicant's need nor be less than the amount calculated in accordance with the formula provided institutions in the application instructions);(2) scholastic ability and performance as measured by the student's cumulative college grade point average as determined by the institution in which the student is enrolled; and(3) ethnic or racial minority status.", "sourceNote": "Source Note: The provisions of this §520.4 adopted to be effective December 9, 2009, 34 TexReg 8728; amended to be effective February 6, 2013, 38 TexReg 500; amended to be effective February 8, 2017, 42 TexReg 428; amended to be effective October 4, 2023, 48 TexReg 5667; amended to be effective October 9, 2024, 49 TexReg 8088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221091&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221091", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.5", "label": "Award Amount and Uses for the Accounting Students Scholarship Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221092", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Funds awarded through this program may include any gifts, grants and donations of real or personal property from any entity, subject to limitations or conditions set by law, for the purposes of this chapter.(b) Award Amount and Disbursements.(1) The minimum and maximum annual award for a student through this program shall be an amount established by the board and announced to institutions in the allocation announcement sent out for the relevant year.(2) An individual student's scholarship shall be paid out in the form of at least one disbursement per semester.(c) No scholarship disbursed to a student shall be used for any purpose other than for meeting the cost of attending an approved institution.(d) The duration of the scholarship shall be a maximum of three years awarded by semester or term.(e) At the time an award is made to a student, it shall not exceed the student's need.", "sourceNote": "Source Note: The provisions of this §520.5 adopted to be effective December 9, 2009, 34 TexReg 8728; amended to be effective April 10, 2013, 38 TexReg 2224; amended to be effective February 8, 2017, 42 TexReg 429; amended to be effective April 18, 2018, 43 TexReg 2275; amended to be effective October 4, 2023, 48 TexReg 5668; amended to be effective October 9, 2024, 49 TexReg 8088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221092&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221092", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.6", "label": "Allocations for the Accounting Students Scholarship Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221093", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board develops a formula for allocating funds to participating institutions in a way that fulfills the purpose of the program.(b) Unless otherwise indicated, institutions shall have until a date specified by the board through a policy memo addressed to the program officer at the institution to encumber all funds allocated to them. If unencumbered by that specific date, the unencumbered funds will be allocated by the executive director to other institutions based upon need and a history of utilization.", "sourceNote": "Source Note: The provisions of this §520.6 adopted to be effective December 9, 2009, 34 TexReg 8728; amended to be effective April 10, 2013, 38 TexReg 2224; amended to be effective February 8, 2017, 42 TexReg 429; amended to be effective April 18, 2018, 43 TexReg 2275; amended to be effective August 4, 2021, 46 TexReg 4685; amended to be effective October 9, 2024, 49 TexReg 8088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221093&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221093", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.7", "label": "Disbursements to Institutions for the Accounting Students Scholarship Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221094", "queryAsDate": "03/11/2026" }, "ruleBody": "Requests for program funds for eligible students shall be made by the program officer. Program funds, up to the maximum allocation for the institution, shall be disbursed to the institution for immediate release to the students or immediate application to the students' accounts at the institution. Requests for program funds may be made at any time during the academic year prior to the reallocation deadline.", "sourceNote": "Source Note: The provisions of this §520.7 adopted to be effective December 9, 2009, 34 TexReg 8729; amended to be effective April 10, 2013, 38 TexReg 2225; amended to be effective October 9, 2024, 49 TexReg 8088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221094", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.8", "label": "Retroactive Disbursements for the Accounting Students Scholarship Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161446", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A student may receive a disbursement after the end of his or her period of enrollment if the student:(1) owes funds to the institution for the period of enrollment for which the award is being made; or(2) received a student loan that is still outstanding for the period of enrollment for which the award is being made.(b) Funds that are disbursed retroactively shall either be used to pay the student's outstanding balance, including interest, from his or her period of enrollment at the institution or to make a payment against an outstanding loan received during that period of enrollment. Under no circumstances shall funds be released to the student.", "sourceNote": "Source Note: The provisions of this §520.8 adopted to be effective December 9, 2009, 34 TexReg 8729; amended to be effective April 10, 2013, 38 TexReg 2225; amended to be effective October 9, 2024, 49 TexReg 8089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161446", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.10", "label": "Recognition of Accounting Firms Hiring and Offering Internships" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221095", "queryAsDate": "03/11/2026" }, "ruleBody": "Accounting firms shall be recognized by the board for their contribution to the training and hiring of minority or disadvantaged accounting students. The board may publish in its Board Report the names of accounting firms providing internships or hiring two or more disadvantaged or minority students each calendar year.", "sourceNote": "Source Note: The provisions of this §520.10 adopted to be effective December 9, 2009, 34 TexReg 8730; amended to be effective April 10, 2013, 38 TexReg 2225." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221095", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.11", "label": "Eligible Applicants for Examination Fee Financial Aid (EFFA) Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221096", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To receive Examination Fee Financial Aid funds a Texas applicant, having submitted a board approved application to take the UCPAE must:(1) have not taken a section of the UCPAE prior to the effective date of this rule;(2) have not passed a section of the UCPAE prior to the effective date of this rule;(3) take the first section of the UCPAE after the effective date of this rule;(4) receive their first passing score, as determined by board rule on a section of the UPCAE after the effective date of this rule; and(5) submit an application to the board for reimbursement of the UCPAE fee within 90 days of receiving the first passing score.(b) Examination Fee Financial Aid funds are only available to Texas applicants whose purpose is to obtain a certificate of \"Certified Public Accountant\" in Texas.", "sourceNote": "Source Note: The provisions of this §520.11 adopted to be effective October 9, 2024, 49 TexReg 8089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221096", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.12", "label": "Award Amounts and Uses Through the Examination Fee Financial Aid (EFFA) Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221097", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Funds awarded through this program will be in the form of a reimbursement to the applicant for the examination costs paid by the applicant to NASBA for the first section of the UCPAE that was passed.(b) Award Amounts and Disbursements.(1) The minimum and maximum reimbursement to an applicant through this program shall be an amount paid by the applicant to NASBA for the first section of the UCPAE that was passed.(2) The applicant may use board reimbursed funds to take subsequent UCPAE sections or for other purposes and needs of the applicant.(3) The reimbursement shall be paid by the board in the form of a single disbursement.", "sourceNote": "Source Note: The provisions of this §520.12 adopted to be effective October 9, 2024, 49 TexReg 8089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221097", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "520", "label": "PROVISIONS FOR THE ACCOUNTING STUDENTS SCHOLARSHIP PROGRAM" }, "rule": { "number": "§520.13", "label": "Documentation for the Examination Fee Financial Aid (EFFA) Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184997", "queryAsDate": "03/11/2026" }, "ruleBody": "The applicant shall provide evidence of financial need by completing and submitting the board application form for the EFFA program.", "sourceNote": "Source Note: The provisions of this §520.13 adopted to be effective October 9, 2024, 49 TexReg 8089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184997&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184997", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.1", "label": "Annual Individual License Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193302", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The annual fee for a license issued to an individual not in retired or disabled status shall be established by the board on an annual basis. The initial license fee will be prorated for those months during which the license is valid.(b) The legislature has directed the board to collect from each licensee who is neither retired nor disabled a $10.00 annual fee for the benefit of the Scholarship Trust Fund for fifth-year accounting students.", "sourceNote": "Source Note: The provisions of this §521.1 adopted to be effective November 18, 1988, 13 TexReg 5573; amended to be effective January 7, 1991, 15 TexReg 7616; amended to be effective February 18, 1992, 17 TexReg 942; amended to be effective August 15, 1994, 19 TexReg 5953; amended to be effective August 1, 1995, 20 TexReg 5241; amended to be effective December 11, 1997, 22 TexReg 12055; amended to be effective October 17, 1999, 24 TexReg 8752; amended to be effective December 6, 2001, 26 TexReg 9865; amended to be effective February 1, 2005, 30 TexReg 392; amended to be effective November 29, 2006, 31 TexReg 9615; amended to be effective August 17, 2008, 33 TexReg 6381;amended to be effective October 10, 2012,  37 TexReg 8019; amended to be effective October 8, 2014, 39 TexReg 7927; amended to be effective October 7, 2015, 40 TexReg 6900; amended to be effective August 3, 2017, 42 TexReg 3786." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193302", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.3", "label": "Fee for Certification by Reciprocity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184999", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The fee for processing the issuance of a certificate as a CPA by reciprocity will be established by the board.(b) If the application is not approved, the processing fee paid will not be refunded.(c) A military service member, military veteran, or military spouse who holds a current license by a substantially equivalent jurisdiction is exempt from the reciprocity fee.(d) The exemption from the reciprocity filing fee must be evidenced by an active ID, dependent ID, state-issued driver's license with a veteran designation or DD214.", "sourceNote": "Source Note: The provisions of this §521.3 adopted to be effective November 15, 1988, 13 TexReg 5575; amended to be effective December 14, 1999, 24 TexReg 11106; amended to be effective August 8, 2012, 37 TexReg 5784; amended to be effective August 3, 2017, 42 TexReg 3786; amended to be effective December 5, 2018, 43 TexReg 7790." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184999", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.6", "label": "Duplication and Other Charges and Refund of Board Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193303", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board's charges for its costs of the reproduction of requested board records will be in accordance with §552.261 of the Texas Government Code (Public Information Act) and calculated pursuant to the rules of the Office of the Attorney General (Title 1, Part 3, Chapter 70 of the Texas Administrative Code).(b) The board may waive these charges if there is a public benefit. The executive director is authorized to determine whether a public benefit exists on a case by case basis.(c) Sales tax, if required, will be charged on publications including, but not limited to, publications containing information on the UCPAE and requirements for certification and licensure.(d) Payment will be made by cash, check, or money order. No refund of any charges or fees paid to the board will be made for less than $5.00 of monies paid by mistake in excess of the correct fee, unless specifically requested in writing.", "sourceNote": "Source Note: The provisions of this §521.6 adopted to be effective December 24, 1979, 4 TexReg 4508; amended to be effective April 1, 1982, 7 TexReg 820; amended to be effective June 11, 1991, 16 TexReg 2955; amended to be effective October 18, 1994, 19 TexReg 7907; amended to be effective August 17, 2008, 33 TexReg 6381; amended to be effective February 9, 2011, 36 TexReg 547; amended to be effective August 8, 2012, 37 TexReg 5784; amended to be effective August 3, 2017, 42 TexReg 3787." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193303&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193303", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.7", "label": "Fee for Transfer of Credits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173608", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The processing fee for the transfer of credits earned in another licensing jurisdiction to this board will be established by the board. This is a non-refundable fee. This fee will be waived for a military service member or military veteran.(b) The processing fee for credits earned in this state and transferred to another licensing jurisdiction will be established by the board.", "sourceNote": "Source Note: The provisions of this §521.7 adopted to be effective September 15, 1980, 5 TexReg 3561; amended to be effective February 3, 1992, 17 TexReg 473; amended to be effective December 14, 1999, 24 TexReg 11106; amended to be effective August 17, 2008, 33 TexReg 6382; amended to be effective August 8, 2012, 37 TexReg 5785; amended to be effective October 7, 2015, 40 TexReg 6900; amended to be effective December 5, 2018, 43 TexReg 7791." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173608&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173608", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.8", "label": "Retired or Disabled Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217732", "queryAsDate": "03/11/2026" }, "ruleBody": "The annual license fee for an individual in retired or disabled status will be established by the board.", "sourceNote": "Source Note: The provisions of this §521.8 adopted to be effective November 15, 1988, 13 TexReg 5575; amended to be effective July 17, 1990, 15 TexReg 3806; amended to be effective December 14, 1999, 24 TexReg 11106; amended to be effective August 17, 2008, 33 TexReg 6382; amended to be effective August 8, 2012, 37 TexReg 5785; amended to be effective October 7, 2015, 40 TexReg 6900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217732", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.9", "label": "Certificate Fee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185000", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The fee for the initial issuance of a CPA certificate pursuant to the Act will be established by the board. The fee is nonrefundable.(b) A military service member or military veteran who is eligible for the issuance of the CPA certificate is exempt from this fee.(c) The exemption from the certificate fee must be evidenced by an active ID, state-issued driver's license with a veteran designation or DD214.", "sourceNote": "Source Note: The provisions of this §521.9 adopted to be effective July 17, 1990, 15 TexReg 3806; amended to be effective January 7, 1991, 15 TexReg 7616; amended to be effective December 14, 1999, 24 TexReg 11106; amended to be effective August 17, 2008, 33 TexReg 6382; amended to be effective August 8, 2012, 37 TexReg 5785; amended to be effective October 7, 2015, 40 TexReg 6901; amended to be effective December 5, 2018, 43 TexReg 7791; amended to be effective April 10, 2024, 49 TexReg 2193." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185000&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185000", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.11", "label": "Fee for a Replacement Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193305", "queryAsDate": "03/11/2026" }, "ruleBody": "The fee for the replacement of a certificate will be established by the board.", "sourceNote": "Source Note: The provisions of this §521.11 adopted to be effective December 14, 1999, 24 TexReg 11108; amended to be effective February 4, 2004, 29 TexReg 974; amended to be effective August 17, 2008, 33 TexReg 6382; amended to be effective August 8, 2012, 37 TexReg 5786; amended to be effective August 3, 2017, 42 TexReg 3787." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193305", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.12", "label": "Filing Fee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185001", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The filing fee for the initial filing of the application of intent to take the UCPAE will be established by the board. This is a non-refundable fee.(b) A military service member or military veteran, who qualifies to take the UCPAE, is exempt from the initial filing of the application of intent fee.(c) A military service member, military veteran, or military spouse who holds a current license by a substantially equivalent jurisdiction is exempt from the initial filing fee.(d) The exemption from the initial filing fee must be evidenced by an active ID, dependent ID, state-issued driver's license with a veteran designation or DD214.", "sourceNote": "Source Note: The provisions of this §521.12 adopted to be effective December 14, 1999, 24 TexReg 11108; amended to be effective August 17, 2008, 33 TexReg 6383; amended to be effective August 8, 2012, 37 TexReg 5786; amended to be effective October 7, 2015, 40 TexReg 6901; amended to be effective December 5, 2018, 43 TexReg 7791." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185001", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.13", "label": "Firm License Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The fee for a firm license shall be established by the board on an annual basis for each office of the firm registered in Texas plus the fee required by subsection (b) of this section.(b) A firm will pay an additional fee, established by the board on an annual basis, based on the number of CPAs employed at the firm office registered in Texas plus the number of non-CPA owners of the firm office registered in Texas.(c) The firm license fees provided for in subsections (a) and (b) of this section will be prescribed in the board's firm registration and renewal form.(d) A firm \"employs\" a CPA within the meaning of this rule when:(1) a CPA is a partner, owner, member, shareholder, or employee of the firm;(2) a CPA works at the firm, either temporarily or long term, under a lease agreement or contract with any other entity, including but not limited to personnel staffing agencies or service companies affiliated with the firm;(3) a CPA works at the firm on anything less than a full time basis;(4) a CPA has any of the relationships described in paragraphs (1) - (3) of this subsection with an entity that is a partner, owner, member, or shareholder of the firm; or(5) a CPA has any of the relationships described in paragraphs (1) - (3) of this subsection with an entity affiliated with the firm and that CPA participates in performing professional services for clients of the firm.(e) Each firm shall certify to the board the highest number of CPAs it employs within the meaning of this section during the 30 days prior to filing its application. Each CPA should be counted only once, even if he or she has more than one relationship as described in subsection (d)(1) - (5) of this section.(f) Firm license fees will not be prorated or refunded.(g) A firm whose license has been expired for 90 days or less may renew the license by paying the board a late fee established by the board on an annual basis in addition to the license fee required to be paid under subsections (a) and (b) of this section.(h) A firm whose license has been expired for more than 90 days may renew the license by paying the board a late fee established by the board on an annual basis in addition to the license fee required to be paid under subsections (a) and (b) of this section.", "sourceNote": "Source Note: The provisions of this §521.13 adopted to be effective December 6, 2001, 26 TexReg 9866; amended to be effective June 6, 2002, 27 TexReg 4707; amended to be effective February 1, 2005, 30 TexReg 393; amended to be effective August 3, 2005, 30 TexReg 4333; amended to be effective August 17, 2008, 33 TexReg 6383; amended to be effective August 8, 2012, 37 TexReg 5786; amended to be effective August 12, 2015, 40 TexReg 5063; amended to be effective August 3, 2017, 42 TexReg 3788." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226829", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "521", "label": "FEE SCHEDULE" }, "rule": { "number": "§521.14", "label": "Eligibility Fee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183332", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall determine the UCPAE eligibility fee for each section for which an applicant is eligible and applies.(b) Effective January 1, 2024, the board shall utilize the UCPAE available from the AICPA covering the following sections:(1) auditing and attestation (AUD);(2) business analysis and reporting (BAR);(3) financial accounting and reporting (FAR);(4) information systems and controls (ISC);(5) taxation and regulation (REG); and(6) tax compliance and planning (TCP).(c) The eligibility fee shall be paid to the Texas State Board of Public Accountancy. This is a non-refundable fee.(d) An applicant taking a section of the UCPAE shall pay an examination fee to NASBA, when required by NASBA.(e) The eligibility fee may be paid electronically through the Texas Online system and applicable processing fees for the use of this service will be added to the total fee paid.(f) Upon receipt by the board of an incomplete application, an applicant has 180 days to complete the application. If the application is not completed within that time, the application is terminated, the eligibility fee is forfeited and the applicant must file a new application and pay a new eligibility fee to continue with the examination process.(g) The fee paid shall be valid for 180 days after the board determines that an applicant is eligible for a section of the UCPAE. The board may extend the 180-day eligibility to accommodate the psychometric evaluation and performance of test questions by the test provider.(h) A military service member or military veteran who is eligible to take the UCPAE is exempt from the eligibility fee.(i) The exemption from the eligibility fee must be evidenced by an active ID, state-issued driver's license with a veteran designation or DD214.", "sourceNote": "Source Note: The provisions of this §521.14 adopted to be\r\neffective October 15, 2003, 28 TexReg 8946; amended to be effective\r\nFebruary 4, 2004, 29 TexReg 974; amended to be effective April 12,\r\n2006, 31 TexReg 3031; amended to be effective October 11, 2007, 32\r\nTexReg 7064; amended to be effective August 17, 2008, 33 TexReg 6383;\r\namended to be effective August 8, 2012, 37 TexReg 5786; amended to\r\nbe effective October 7, 2015, 40 TexReg 6901; amended to be effective\r\nDecember 5, 2018, 43 TexReg 7792; amended to be effective October\r\n4, 2023, 48 TexReg 5668; amended to be effective November 26, 2025, 50\r\nTexReg 7568." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183332", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "A", "label": "CONTINUING PROFESSIONAL EDUCATION PURPOSE AND DEFINITIONS" }, "rule": { "number": "§523.102", "label": "CPE Purpose and Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183333", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) CPAs' fields of employment do not limit the need for continuing professional education. CPAs performing professional services need to have a broad range of knowledge, skills, and abilities. Continuing Professional Education will be referred to herein as CPE.(b) The fundamental purpose of CPE is to help ensure that licensees participate in learning activities that maintain and improve their professional competence to serve in a competent manner. Courses the board regards as improving the licensee's professional competence include:(1) \"Technical Courses\" are those courses pertaining to the profession of accounting. These courses include but are not limited to accounting, attest, tax, management advisory services, economics, finance, information technology, regulatory ethics, and other technical areas of benefit to a licensee and/or a licensee's employer; and(2) \"Non-Technical Courses\" are those courses not meeting the definition of \"technical courses\" that increase the licensee's ability to serve in a competent manner, such as but not limited to communications, computer software and applications, behavioral ethics, behavioral science, business management and organization, and advanced courses in foreign languages, all of which must relate and must benefit a licensee and/or a licensee's employer. Refer to §523.118 of this chapter (relating to Limitations of Courses).(c) Licensees may participate in a variety of sponsored learning programs, such as live, self-study, nano learning, or blended learning programs.(1) \"Live programs\" are those educational processes that are designed to permit a participant to learn a given subject through interaction with an instructor/facilitator and other participants either in a classroom or conference setting or by using the internet, which includes the following:(A) Workshops, seminars, and conferences with substantial interaction by a qualified instructor/facilitator.(B) \"Group self-study\" programs that are based on self-study materials presented in a group format with substantial interaction from a qualified instructor/facilitator who is responsible for answering participants' questions or who leads the discussion of individual topics presented in the materials.(C) \"Webinars\" are live online educational presentations during which participating viewers can submit questions and comments.(2) \"Self-study programs\" are those educational processes that are designed to permit a participant to learn a given subject by oneself using books and/or electronic media (internet and DVDs/CDs, for example) without interaction with an instructor/facilitator. This type of program clearly defines learning objectives and manages the participant through the learning processes by requiring frequent response to questions that test for understanding of the material presented, providing evaluative feedback to incorrectly answered questions and correctly answered questions, and requiring the participant to pass a final exam that tests the participant's comprehension of the course materials. Refer to §523.140(e) of this chapter (relating to Program Standards).(3) \"Nano learning programs\" are tutorial programs designed to permit a participant to learn a given subject in a 10-minute time frame through the use of electronic media (including technology applications and processes and computer-based or web-based technology) and without interaction with a real-time instructor. A nano learning program differs from a self-study program in that it is typically focused on a single learning objective and is not paper-based.(4) \"Blended programs\" are programs incorporating multiple learning formats.(d) \"CPE credit\" is 50 minutes of participation in a program of learning.(e) Courses completed at an institution of higher education using semester credit hours shall earn 15 CPE credits for each passing semester credit hour and those institutions using quarter credit hours shall earn 10 CPE credits for each passing quarter credit hour, toward the requirement.(f) \"Sponsor\" means an individual or organization offering programs to participants. The sponsor may or may not have developed the program materials. However, the sponsor is responsible for insuring the presentation of the learning objectives, through the program materials and maintaining the documentation required by these program standards.(g) Staff meetings and other settings cannot be claimed for CPE credit if the programs do not meet program standards.", "sourceNote": "Source Note: The provisions of this §523.102 adopted to be effective April 7, 2004, 29 TexReg 3476; amended to be effective February 17, 2008, 33 TexReg 1107; amended to be effective February 6, 2013, 38 TexReg 500; amended to be effective February 12, 2014, 39 TexReg 662; amended to be effective March 29, 2017, 42 TexReg 1442." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183333&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183333", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "B", "label": "CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS" }, "rule": { "number": "§523.110", "label": "Establishment of Required CPE Program Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183334&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183334", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall be responsible for ensuring that CPE credits claimed conform to the board's standards as outlined in:(1) §523.111 regarding Required CPE Reporting;(2) §523.112 regarding Required CPE Participation;(3) §523.115 regarding Credits for Instructors and Discussion Leaders;(4) §523.116 regarding Authors of Published Articles and Books;(5) §523.118 regarding Limitations of Courses;(6) §523.119 regarding Alternative Sources of CPE; and(7) §523.130 regarding Ethics Course Requirements.", "sourceNote": "Source Note: The provisions of this §523.110 adopted to be effective April 7, 2004, 29 TexReg 3477; amended to be effective February 17, 2008, 33 TexReg 1108; amended to be effective February 6, 2013, 38 TexReg 501; amended to be effective March 29, 2017, 42 TexReg 1442." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183334&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183334", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "B", "label": "CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS" }, "rule": { "number": "§523.111", "label": "Required CPE Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226322", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To receive or retain a license, a licensee shall earn and is responsible for the accurate reporting of the required CPE credits for the reporting period under §523.112 of this chapter (relating to Required CPE Participation) and §523.130 of this chapter (relating to Ethics Course Requirements).(b) Licensees reporting CPE must document their participation and retain evidence of that documentation for the five most recent reporting periods, including:(1) sponsor name and identification number;(2) title or description of content, or both;(3) date(s) of completion;(4) location; and(5) number of CPE credits.(c) Evidence of completion is the certificate or electronic record supplied by the sponsor. The board may verify CPE reported by licensees and licensees shall submit the supporting evidence to the board within a reasonable amount of time, if such data is requested.(d) CPE credits earned from sources other than registered sponsors should be submitted on the appropriate form, \"Claiming Continuing Professional Education Credits from a Non-Registered Sponsor,\" justifying the reason the CPE credits are being claimed and the benefit to the licensee or the licensee's employer.(e) A licensee who fails to report the minimum required CPE credits completed during the accrual period will be subject to suspension and his certificate may be revoked for failing to report the minimum required CPE credits for three consecutive years.", "sourceNote": "Source Note: The provisions of this §523.111 adopted to be effective April 7, 2004, 29 TexReg 3477; amended to be effective February 18, 2008, 33 TexReg 1108; amended to be effective August 11, 2010, 35 TexReg 6826; amended to be effective February 6, 2013, 38 TexReg 501; amended to be effective August 7, 2014, 39 TexReg 5948; amended to be effective March 29, 2017, 42 TexReg 1442." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226322&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226322", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "B", "label": "CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS" }, "rule": { "number": "§523.112", "label": "Required CPE Participation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226323", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall complete at least 120 CPE credits in each three-year period, and a minimum of 20 CPE credits in each one-year period.(b) CPE, except as provided by board rule, shall be offered by board authorized CPE sponsors.(c) CPE requirements for the issuance or renewal of a license are as follows:(1) Licensees who have been certified or registered for less than 12 months do not have a CPE credit requirement. The first license period begins on the date of certification and ends with the last day of the licensee's birth month.(2) To be issued a license for the first full 12-month license period, the licensee does not have a CPE requirement. CPE earned prior to the first 12-month license period will not be applied toward the three-year requirement.(3) To be issued a license for the second full 12-month period, the licensee shall report a minimum of 20 CPE credits. The CPE credits shall be completed in the 12 months preceding the second year of licensing.(4) To be issued a license for the third full 12-month license period, the licensee shall report a total of at least 60 CPE credits that were completed in the 24 months preceding the license period. At least 20 CPE credits of the requirement shall be completed in the 12 months preceding the third year of licensing.(5) To be issued a license for the fourth full 12-month period, the licensee shall report a total of at least 100 CPE credits that were completed in the 36 months preceding the license period. At least 20 CPE credits of the requirement shall be completed in the 12 months preceding the fourth year of licensing.(6) To be issued a license for the fifth and subsequent license periods, the licensee shall report a total of at least 120 CPE credits that were completed in the 36 months preceding the license period, and at least 20 CPE credits of the requirement shall be completed in the 12 months preceding the fifth year of licensing.(d) A former licensee whose certificate or registration has been revoked for failure to pay the license fee and who makes application for reinstatement shall pay the required fees and applicable late fees and must report a total of at least 120 CPE credits that were completed in the 36 months preceding the application for reinstatement, and at least 20 CPE credits of the requirement shall be completed in the twelve months preceding the application for reinstatement.(e) A non-resident licensee seeking renewal of a license in Texas shall be determined to have met the CPE requirement by meeting the CPE requirements for renewal of a certificate/license in the state in which the licensee's principal place of business is located.(1) Non-resident licensees shall demonstrate compliance with the CPE renewal requirements of the state in which the licensee's principal place of business is located by signing a statement to that effect during the renewal process of this state.(2) If a non-resident licensee's principal place of business state has no CPE requirements for renewal of a certificate/license, the non-resident licensee must comply with all CPE requirements for renewal of a certificate in Texas.", "sourceNote": "Source Note: The provisions of this §523.112 adopted\r\nto be effective April 7, 2004, 29 TexReg 3477; amended to be effective\r\nOctober 12, 2004, 29 TexReg 9538; amended to be effective October\r\n13, 2005, 30 TexReg 6434; amended to be effective April 12, 2006,\r\n31 TexReg 3032; amended to be effective February 17, 2008, 33 TexReg\r\n1109; amended to be effective June 11, 2008, 33 TexReg 4505; amended\r\nto be effective February 6, 2013, 38 TexReg 501; amended to be effective\r\nAugust 7, 2014, 39 TexReg 5949; amended to be effective March 29,\r\n2017, 42 TexReg 1443; amended to be effective June 5, 2019, 44 TexReg\r\n2722; amended to be effective December 1, 2021, 46 TexReg 8057; amended\r\nto be effective October 9, 2025, 50 TexReg 6492." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226323&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226323", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "B", "label": "CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS" }, "rule": { "number": "§523.113", "label": "Exemptions from CPE" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183337", "queryAsDate": "03/11/2026" }, "ruleBody": "The board shall not issue or renew a license to an individual who has not earned the required CPE credits unless an exemption has been granted by the board.(1) The board may consider granting an exemption from the CPE requirement during the period for which the exemption is requested on a case-by-case basis if:(A) a licensee completes and forwards to the board an affidavit indicating that the licensee is not employed; or(B) a licensee completes and forwards to the board an affidavit indicating no association with accounting. The affidavit shall include, as a minimum, a brief description of the duties performed, job title, and verification by the licensee's immediate supervisor. For purposes of this section, the term \"association with accounting\" shall include the following:(i) working, providing oversight of accounting, or supervising work performed in the areas of financial accounting and reporting; tax compliance, planning or advice; management advisory services; accounting information systems; treasury, finance, or audit; or(ii) representing to the public, including an employer, that the licensee is a CPA or public accountant in connection with the sale of any services or products involving professional accounting services as defined in the Rules of Professional Conduct, §501.52(22) of this title (relating to Definitions), including such designation on a business card, letterhead, proxy statement, promotional brochure, advertisement, or office; or(iii) offering testimony in a court of law purporting to have expertise in accounting and reporting, auditing, tax, or management services; or(iv) for purposes of making a determination as to whether the licensee fits one of the categories listed in this clause and clauses (i) - (iii) of this subparagraph, the questions shall be resolved in favor of including the work as having an association with accounting.(C) a licensee not residing in Texas, who submits an affidavit to the board that the licensee does not serve Texas clients from out of state;(D) a licensee shows reasons of health, certified by a medical doctor, that prevent compliance with the CPE requirement. A licensee must petition the board for the exemption and provide documentation that clearly establishes the period of disability and the resulting physical limitations;(E) a licensee who is a military service member during the period for which the exemption is requested, and files a copy of orders to active military duty with the board; or(F) a licensee shows reason which prevents compliance that is acceptable to the board.(2) A licensee who has been granted the retired or disability status under §515.8 of this title (relating to Retired or Disability Status) is not required to report any CPE credits.(3) A licensee who no longer meets the eligibility requirements for an exemption under this section or no longer qualifies for retired or disability status under §515.8 of this title shall be required to report sufficient CPE credits to be in compliance with §523.112 of this chapter (relating to Required CPE Participation). CPE credits shall be earned in the technical area as described in §523.102 of this chapter (relating to CPE Purpose and Definitions) and §523.130 of this chapter (relating to Ethics Course Requirements).(4) A faculty member of an educational institution may be exempt from CPE only when offering accounting services as a faculty member.", "sourceNote": "Source Note: The provisions of this §523.113 adopted\r\nto be effective April 7, 2004, 29 TexReg 3477; amended to be effective\r\nFebruary 6, 2013, 38 TexReg 502; amended to be effective October 9,\r\n2013, 38 TexReg 6920; amended to be effective March 29, 2017, 42 TexReg\r\n1443; amended to be effective December 5, 2018, 43 TexReg 7792; amended\r\nto be effective October 9, 2025, 50 TexReg 6492." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183337", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "B", "label": "CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS" }, "rule": { "number": "§523.114", "label": "Disciplinary Actions Relating to CPE" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183338", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee who fails to comply with the provisions of §523.130 of this chapter (relating to Ethics Course Requirements), §523.111 of this chapter (relating to Required CPE Reporting) or §523.112 of this chapter (relating to Required CPE Participation) may be subject to disciplinary action under the Act, for a violation of the Rules of Professional Conduct, §501.94 of this title (relating to Mandatory Continuing Professional Education), which requires compliance with §523.130 of this chapter, §523.111 of this chapter, and §523.112 of this chapter.(b) A licensee who fails to report the minimum required CPE credits will be subject to suspension and his certificate may be revoked for failing to report the minimum required CPE credits for three consecutive years.(c) The board may initiate disciplinary action as authorized in the Act if it finds evidence of falsification, fraud, or deceit in CPE documentation.", "sourceNote": "Source Note: The provisions of this §523.114 adopted to be effective April 7, 2004, 29 TexReg 3477; amended to be effective February 17, 2008, 33 TexReg 1110; amended to be effective February 6, 2013, 38 TexReg 502; amended to be effective August 7, 2014, 39 TexReg 5949; amended to be effective March 29, 2017, 42 TexReg 1443." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183338", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "B", "label": "CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS" }, "rule": { "number": "§523.115", "label": "Credits for Instructors and Discussion Leaders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183339", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When an instructor or discussion leader serves at a program for which participants receive credit and at a level that increases the instructor's or discussion leader's professional competence, credit may be given for preparation and presentation time measured in terms of CPE credits.(b) For the first time a program is presented, an instructor may receive up to three times the number of CPE credits approved for the program.(c) For repetitious presentations, the instructor may receive credit only if it can be demonstrated that the subject matter involved was changed sufficiently to require significant additional study or research.(d) The maximum credit for preparation and presentation in any one-year reporting period cannot exceed 20 CPE credits.(e) Multiple instructors shall receive proportional CPE credit.(f) An instructor cannot claim credit for teaching courses which are determined introductory level by the college or university.(g) If claiming CPE credit under this section, 50 percent of the CPE credits reported must be as a participant in a qualified CPE program in any three-year reporting period.", "sourceNote": "Source Note: The provisions of this §523.115 adopted to be effective April 7, 2004, 29 TexReg 3477; amended to be effective February 17, 2008, 33 TexReg 1110; amended to be effective August 11, 2010, 35 TexReg 6826; amended to be effective February 6, 2013, 38 TexReg 502; amended to be effective March 29, 2017, 42 TexReg 1443." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183339", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "B", "label": "CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS" }, "rule": { "number": "§523.116", "label": "Authors of Published Articles and Books" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226324", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authors and reviewers of published articles and books may claim CPE credits provided they increase the professional competence of the author or reviewer.(b) Up to 10 CPE credits in any one-year reporting period may be claimed for preparation or review of such publications.", "sourceNote": "Source Note: The provisions of this §523.116 adopted to be effective April 7, 2004, 29 TexReg 3477; amended to be effective February 17, 2008, 33 TexReg 1111; amended to be effective February 6, 2013, 38 TexReg 502; amended to be effective March 29, 2017, 42 TexReg 1444." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226324&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226324", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "B", "label": "CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS" }, "rule": { "number": "§523.118", "label": "Limitations of Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183341", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may not claim more than 50 percent of the total CPE credits required from the non-technical area in a three-year reporting period.(b) A licensee may not claim more than 50 percent of the total CPE credits required in a three-year reporting period from nano-learning programs.(c) A licensee may claim up to 20 CPE credits for the successful completion of a certification program, such as a Certified Financial Planner, Certified Internal Auditor, Certified Fraud Examiner, other related financial certifications, and/or related financial securities licenses.(d) A licensee may claim no more than 50 percent of the total CPE credits required in a three-year reporting period from the successful completion of certification programs.", "sourceNote": "Source Note: The provisions of this §523.118 adopted to\r\nbe effective April 7, 2004, 29 TexReg 3477; amended to be effective\r\nFebruary 17, 2008, 33 TexReg 1111; amended to be effective October\r\n7, 2009, 34 TexReg 6854; amended to be effective February 6, 2013,\r\n38 TexReg 503; amended to be effective March 29, 2017, 42 TexReg 1444;\r\namended to be effective October 9, 2025, 50 TexReg 6492." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183341", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "B", "label": "CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS" }, "rule": { "number": "§523.119", "label": "Alternative Sources of CPE" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219854", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) CPE credits earned from sources other than registered sponsors should be reported on the appropriate form, \"Claiming Continuing Professional Education Credit from a Non-Registered Sponsor,\" justifying the reason the CPE credits are being claimed.(b) Licensees may not claim more than 50 percent of the total CPE credits from non-registered sponsors in any three-year reporting period.", "sourceNote": "Source Note: The provisions of this §523.119 adopted to be effective April 7, 2004, 29 TexReg 3477; amended to be effective February 17, 2008, 33 TexReg 1112; amended to be effective February 6, 2013, 38 TexReg 503; amended to be effective March 29, 2017, 42 TexReg 1444." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219854", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "C", "label": "ETHICS RULES: INDIVIDUALS AND SPONSORS" }, "rule": { "number": "§523.130", "label": "Ethics Course Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206929", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee must complete a board-approved four CPE credit ethics course, as required by §523.131 of this chapter (relating to Board Approval of Ethics Course Content), beginning two years following the expiration of initial licensure. This four CPE credit ethics course is designed to thoroughly familiarize the licensee with the board's Rules of Professional Conduct. Proof of completion of this course must be submitted with the license renewal notice.(b) A licensee must take the four CPE credit ethics course required by §523.131 of this chapter and as defined in §523.102 of this chapter (relating to CPE Purpose and Definitions) every two years, and shall report completion of the course on the annual license renewal notice at least every second year.(c) A licensee granted retired, permanent disability, or other exempt status is not required to complete the ethics course during the licensee's exempt status. If the exempt status is no longer applicable, the licensee must complete an ethics course approved by the board and report it on the annual license renewal notice.(d) A licensee who does not reside in the state of Texas, who has no clients within this state, and who is current with the ethics course requirements of his state of residence is not required to take the mandated ethics course. A licensee meeting these requirements may claim an exemption pursuant to §523.113 of this chapter (relating to Exemptions from CPE).", "sourceNote": "Source Note: The provisions of this §523.130 adopted to be effective April 7, 2004, 29 TexReg 3477; amended to be effective August 4, 2004, 29 TexReg 7308; amended to be effective December 2, 2004, 29 TexReg 11033; amended to be effective February 17, 2008, 33 TexReg 1113; amended to be effective February 9, 2011, 36 TexReg 547; amended to be effective February 6, 2013, 38 TexReg 504; amended to be effective March 29, 2017, 42 TexReg 1445; amended to be effective July 31, 2024, 49 TexReg 5535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206929", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "C", "label": "ETHICS RULES: INDIVIDUALS AND SPONSORS" }, "rule": { "number": "§523.131", "label": "Board Approval of Ethics Course Content" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212306", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The content of an ethics course designed to satisfy the four CPE credit ethics CPE requirements of §523.130 of this chapter (relating to Ethics Course Requirements) must be submitted to the CPE committee of the board for initial approval and upon request thereafter. The primary objectives of the ethics course shall be to:(1) encourage the licensee to become educated in the ethics of the profession;(2) convey the intent of the board's Rules of Professional Conduct in the licensee's performance of professional accounting services, and not mere technical compliance;(3) apply ethical judgment in interpreting the rules and provide for a clear understanding of the public interest. The public interest shall be placed ahead of self-interest, even if it means a loss of job or client;(4) emphasize the ethical standards of the profession, as described in this section; and(5) review and discuss the board's Rules of Professional Conduct and their implications for persons in a variety of practices, including at least one example from subparagraph (A) of this paragraph and at least one example from either subparagraph (B) or (C) of this paragraph:(A) a licensee engaged in the client practice of public accountancy who performs attest and non-attest services, as defined in §501.52 of this title (relating to Definitions); and(B) a licensee employed in industry who provides internal accounting and auditing services; or(C) a licensee employed in education or in government accounting or auditing.(b) To meet the objectives of subsection (a) of this section, a course must be four hours in length and its components should be approximately:(1) 25% on ethical principles and values;(2) 25% on ethical reasoning and dilemmas;(3) 15% on the board's Rules of Professional Conduct with special focus on recent changes in those rules and including information on the peer assistance available to Texas CPAs, CPA candidates and accounting students with alcohol or other substance abuse, depression, stress or other mental health issues through the Accountants Confidential Assistance Network (ACAN); and(4) 35% on case studies that require application of ethical principles, values, and ethical reasoning within the context of the board's Rules of Professional Conduct.(c) Course content shall be approved only after demonstrating, either in a live instructor format, a blended program format, or interactive (computer based) format, as defined in §523.102(c)(1) of this chapter (relating to CPE Purpose and Definitions), that the course contains the underlying intent established in the following criteria:(1) the course shall be designed to teach CPAs to achieve and maintain the highest standards of ethical conduct through ethical reasoning and the core values of the profession: integrity, objectivity, and independence, as ethical principles in addition to rules of conduct;(2) the course shall address ethical considerations and the application of the board's Rules of Professional Conduct to all aspects of the professional accounting work whether performed by CPAs in client practice or CPAs who are not in client practice; and(3) the course shall convey the spirit and intent of the board's Rules of Professional Conduct in the licensee's performance of accounting services, and not mere technical compliance.(d) Live ethics courses must be taught in one single four-hour session, including one 10-minute break each hour or its equivalent.(e) Ethics courses may be reevaluated every three years or as required by the CPE committee. Updated versions of the course and any other course materials, such as course evaluations, shall be provided when requested by the committee for the course to be continued as an approved course.(f) At the conclusion of each self-study course, the sponsor shall administer a test to determine whether the program participants have obtained a basic understanding of the course content, including the need for a high level of ethical standards in the accounting profession.(g) A sponsor of an ethics course approved by the board pursuant to this section shall comply with the board's rules concerning sponsors of CPE and shall provide its advertising materials to the board's CPE committee for approval. Such advertisements shall:(1) avoid commercial exploitation;(2) identify the primary focus of the course; and(3) be professionally presented and consistent with the intent of §501.82 of this title (relating to Advertising).", "sourceNote": "Source Note: The provisions of this §523.131 adopted to be effective April 7, 2004, 29 TexReg 3477; amended to be effective February 17, 2008, 33 TexReg 1113; amended to be effective August 11, 2010, 35 TexReg 6827; amended to be effective June 8, 2011, 36 TexReg 3410; amended to be effective February 6, 2013, 38 TexReg 504; amended to be effective April 13, 2016, 41 TexReg 2593; amended to be effective March 29, 2017, 42 TexReg 1445; amended to be effective December 1, 2021, 46 TexReg 8058." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212306", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "C", "label": "ETHICS RULES: INDIVIDUALS AND SPONSORS" }, "rule": { "number": "§523.132", "label": "Board Authorized Ethics Instructors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219855", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may authorize any instructor wishing to offer an ethics course approved by the board pursuant to §523.131 of this chapter (relating to Board Approval of Ethics Course Content) who can demonstrate that:(1) the instructor is a CPA licensed in Texas or that the instructor is team teaching with a CPA licensed in Texas;(2) the instructor has never been disciplined for a violation of the board's Rules of Professional Conduct unless waived by the board; and(3) the instructor is qualified to teach ethical reasoning because he has:(A) experience in the study and teaching of ethical reasoning; and(B) formal training in organizational or ethical behavior instruction.(b) An instructor demonstrates that he is qualified to teach ethical reasoning upon evidence that he has:(1) at the time of his application obtained sufficient education in ethics substantially equivalent to a minimum of six hours of credit from a university, college or community college, of which at least three credit hours must be in organizational ethics or other education as approved by the board;(2) teaching experience that is substantially equivalent to two or more full time semesters teaching experience at a university, college or community college, or other experience as approved by the board;(3) spent at least 10 years performing accountancy related activities as a licensed CPA;(4) no record of discipline for violation of the rules of professional conduct of the AICPA, the TXCPA or other national or state accountancy organization recognized by the board; and(5) goals and interests consistent with the board's purpose of protecting the public interest pursuant to the provisions of the Act.(c) The board may cancel an authorization of any instructor who no longer meets the requirements of this section or has engaged in conduct rendering that instructor unsuitable for teaching ethics.(d) An instructor must submit a current resume at the request of the board.(e) Interpretive comments: To have goals and interests consistent with the board's purpose of protecting the public interest pursuant to the provisions of the Act, an instructor must refrain from using the instruction of an ethics course as a marketing tool for other products and services offered by the instructor. An instructor must be free from conflicts of interest with the board in both fact and appearance. Representation of a respondent or a complainant in a disciplinary proceeding pending before the board creates the appearance of a conflict of interest.", "sourceNote": "Source Note: The provisions of this §523.132 adopted to be effective April 7, 2004, 29 TexReg 3477; amended to be effective August 17, 2008, 33 TexReg 6384; amended to be effective August 12, 2009, 34 TexReg 5377; amended to be effective August 11, 2010, 35 TexReg 6827; amended to be effective February 6, 2013, 38 TexReg 505; amended to be effective March 29, 2017, 42 TexReg 1445; amended to be effective April 6, 2022, 47 TexReg 1700; amended to be effective February 8, 2023, 48 TexReg 517." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219855", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "D", "label": "STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS" }, "rule": { "number": "§523.140", "label": "Program Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183347", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Potential participants should be informed in advance of course content, learning objectives, prerequisites, and recommended credits so they can determine whether they are qualified to participate in and benefit from the program. The stated learning objectives should clearly communicate the specific areas of knowledge that will be covered. If there are no prerequisites for the course, a statement to this effect must be made.(b) The program developer must organize the program around the stated learning objectives and must retain a copy of the final program, including electronic media, in accordance with §523.143(b) of this chapter (relating to Sponsor's Record). The final program must contain sufficient documentation to support the number of CPE credits granted. The course materials must be periodically reviewed to assure that they are accurate and consistent with currently accepted standards relating to the program's subject matter. The program developer should provide the instructor with separate materials that emphasize sections of the course that need reinforcement, if appropriate.(c) Instructors must be qualified both with respect to program content and teaching methods used. Sponsors shall evaluate the performance of instructors at the conclusion of each program to determine their suitability for continuing to serve as instructors.(d) All programs must provide for some means to evaluate both the competence of the instructor and the course material. Refer to §523.141 of this chapter (relating to Evaluation).(e) Self-study programs must conform to the requirements outlined in §523.102(c)(2) of this chapter (relating to CPE Purpose and Definitions).(1) Program must include at least three review questions for each learning objective to allow the participant the opportunity to understand the material. Evaluative feedback must be provided for each incorrect response.(2) To provide evidence of satisfactory completion of the course, CPE sponsors must require participants to successfully complete a final exam with a passing grade of at least 70%. The final exam must have at least five questions for each CPE credit granted and no more than 25% of the questions be \"true/false\" in nature.(3) Program or course expiration date. Course documentation must include an expiration date (the time by which the participant must complete the final exam). The expiration date should be no longer than one year from the date of purchase.(f) Nano programs must use instructional methods that clearly define a minimum of one learning objective, guide the participant through a program of learning, and provide evidence of a participant's satisfactory completion of the program. Satisfactory completion of the program must be confirmed at the conclusion of the program by passing a final exam.(1) To provide evidence of satisfactory completion of the course, CPE sponsors must require participants to successfully complete a final exam with a passing grade of 100 percent before issuing CPE credit for the course. The final exam may contain questions of varying format (for example, multiple choice, rank order, and matching). Only two questions must be included on the final exam. \"True or false\" questions are not permissible on the final exam. If the participant fails the final exam CPE credit will not be granted. The participant may re-take the program and the number of re-takes permitted is at the sponsor's discretion.(2) Program or course expiration date. Course documentation must include an expiration date. The expiration date is no longer than one year from the date of purchase.(3) Based on materials developed for instructional use, Nano programs must be based on materials specifically developed for instructional use and not on third-party materials. Nano learning programs requiring only the reading of general professional literature, IRS publications, or reference manuals followed by an assessment will not be acceptable.(g) Blended programs must use instructional methods that clearly define learning objectives and guide the participant through a program of learning. Pre-program, post-program, and homework assignments should enhance the learning program experience and must relate to the defined learning objectives of the program.(1) Blended programs include different learning or instructional methods (for example, lectures, discussion, guided practice, reading, games, case studies, and simulation); different delivery methods (group live, group Internet based, nano learning, or self study); and/or different levels of guidance (for example, individual, instructor or subject matter expert led, or group and social learning). To guide participants through the learning process, CPE program sponsors must provide clear instructions and information to participants that summarize the different components of the program and what must be completed or achieved during each component in order to qualify for CPE credits. The CPE program sponsor must document the process and components of the course progression and completion of components by the participants.(2) To provide evidence of satisfactory completion of sections of the course that are not \"live\" (such as nano or self-study) CPE sponsors must require participants to successfully complete an exam with a passing grade appropriate to the delivery method (i.e. 70% for self-study, 100% for nano).(h) Sponsors are responsible for ensuring the participants register their attendance during the program. Sponsors are responsible for assigning the appropriate number of CPE credits for participants, including reduced CPE credits for those participants who arrive late or leave early. Refer to §523.142 of this chapter (relating to Program Time Credit Measurement for Sponsors).(i) Sponsors must comply with all CPE rules including §523.143 of this chapter.(j) Sponsors awarding CPE credit for a board authorized ethics course defined in §523.131 of this chapter (relating to Board Approval of Ethics Course Content) must do so through a board authorized instructor as defined in §523.132 of this chapter (relating to Board Authorized Ethics Instructors).", "sourceNote": "Source Note: The provisions of this §523.140 adopted to be effective April 7, 2004, 29 TexReg 3482; amended to be effective February 17, 2008, 33 TexReg 1114; amended to be effective December 3, 2008, 33 TexReg 9692; amended to be effective August 11, 2010, 35 TexReg 6828; amended to be effective February 6, 2013, 38 TexReg 505; amended to be effective March 29, 2017, 42 TexReg 1446; amended to be effective August 3, 2017, 42 TexReg 3788; amended to be effective December 1, 2021, 46 TexReg 8059; amended to be effective July 31, 2024, 49 TexReg 5536." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183347", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "D", "label": "STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS" }, "rule": { "number": "§523.141", "label": "Evaluation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183348", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All programs shall include a process for evaluating quality by participants to determine whether:(1) objectives have been met;(2) prerequisites were necessary or desirable;(3) facilities were satisfactory;(4) the instructor(s) was effective. If multiple instructors taught the course each must be evaluated for effectiveness;(5) the program content was timely and effective; and(6) time allotted to the program was adequate.(b) Evaluations shall consist of evaluation forms or questionnaires upon completion of the program.(c) Instructors shall be informed of their performance, and sponsors should systematically review the evaluation process to ensure its effectiveness.(d) Sponsors are responsible for collecting evaluation forms from CPA participants.", "sourceNote": "Source Note: The provisions of this §523.141 adopted to be effective April 7, 2004, 29 TexReg 3482; amended to be effective February 17, 2008, 33 TexReg 1115; amended to be effective August 11, 2010, 35 TexReg 6828; amended to be effective February 6, 2013, 38 TexReg 505; amended to be effective March 29, 2017, 42 TexReg 1447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183348", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "D", "label": "STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS" }, "rule": { "number": "§523.142", "label": "Program Time Credit Measurement for Sponsors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183349", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sponsored learning activities are measured by actual program length, with one 50-minute period equal to one CPE credit. Sponsors may recommend CPE credits under the following scenarios:(1) Live and blended learning programs--A minimum of one full credit must be awarded initially, but after the first credit has been earned, credits may be awarded in one-fifth increments or in one-half increments (1.0, x.2, x.4, x.5, x.6, x.8, and so on).(2) Self-study--A minimum of one-half credit must be awarded initially, but after the first full credit has been earned, credits may be awarded in one-fifth increments or in one-half increments (0.5, 1.0, x.2, x.4, x.5, x.6, x.8, and so on).(3) Nano learning--Credits must be awarded only as one-fifth credit (0.2 credit). A 20-minute program would have to be produced as two stand-alone nano learning programs.(b) Self-study programs shall be pre-tested to determine average completion time. A minimum of three pre-testers must be used to determine the CPE credits for the course.(c) The total CPE credits for a continuous program cannot exceed the actual time spent in the program. Continuous conferences and conventions, when individual segments are less than 50 minutes, should be combined and counted as one total program. For example, five 30-minute presentations would equal 150 minutes and should be counted as three CPE credits.(d) Sponsors may round down CPE credits awarded to the nearest one-fifth, one-half, or whole credit at their discretion and as appropriate for the instructional delivery method.(e) Only learning content portions of programs (including pre-program, post-program, and homework assignments, when incorporated into a blended learning program) qualify toward eligible credit amounts. Time for activities outside of actual learning content, including, for example, excessive welcome and introductions, housekeeping instructions, and breaks are not accepted toward credit.(f) For programs with individual segments that are less than 50 minutes, the sum of the segments would be considered one total program. For example, five 30-minute presentations would equal 150 minutes and would be counted as three CPE credits. When the total minutes of a sponsored program are greater than 50, but not equally divisible by 50, the CPE credits granted must be rounded down to the nearest credit basis depending on the instructional delivery method of the program. For example, a group live program must be rounded down to the nearest one-fifth, one-half, or whole credit. Thus, programs with segments totaling 140 minutes would be granted two and four-fifths CPE credits if using one-fifth increments and two and one-half credits if using one-half increments.(g) The CPE sponsor is responsible for monitoring attendance. While it is the participant's responsibility to report the appropriate number of credits earned, CPE program sponsors must maintain a process to monitor individual attendance at group programs to assign the correct number of CPE credits. A participant's self-certification of attendance alone is not sufficient.(h) Monitoring mechanism for group Internet based programs. In addition to meeting all other applicable group program standards and requirements, group Internet based programs must employ some type of real time monitoring mechanism to verify that participants are participating during the course. The monitoring mechanism must be of sufficient frequency and lack predictability to ensure that participants have been engaged throughout the program. The monitoring mechanism must employ at least three instances of interactivity completed by the participant per CPE credit.", "sourceNote": "Source Note: The provisions of this §523.142 adopted to be effective April 7, 2004, 29 TexReg 3482; amended to be effective April 11, 2007, 32 TexReg 2011; amended to be effective February 17, 2008, 33 TexReg 1116; amended to be effective February 6, 2013, 38 TexReg 506; amended to be effective March 29, 2017, 42 TexReg 1447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183349", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "D", "label": "STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS" }, "rule": { "number": "§523.143", "label": "Sponsor's Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183350", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to support the reports required of participants, the sponsor of group live, or self-study, nano, or blended programs shall retain the following records:(1) record of participation, e.g., sign-in sheet reflecting the CPE credits earned by each participant including those who arrive late or leave early;(2) course program, including electronic media, as required by §523.140(b) of this chapter (relating to Program Standards);(3) all promotional materials, including date(s) and location;(4) instructor's resume or biography;(5) evaluation of program as directed in §523.141(b) of this chapter (relating to Evaluation);(6) pre-test data for self-study courses; and(7) all final exams completed by participants for self-study courses.(b) Documentation shall be retained for five years from the date the program is completed.", "sourceNote": "Source Note: The provisions of this §523.143 adopted to be effective April 7, 2004, 29 TexReg 3482; amended to be effective August 12, 2007, 32 TexReg 4764; amended to be effective February 17, 2008, 33 TexReg 1116; amended to be effective June 11, 2008, 33 TexReg 4505; amended to be effective December 3, 2008, 33 TexReg 9693; amended to be effective August 12, 2009, 34 TexReg 5377; amended to be effective February 6, 2013, 38 TexReg 506; amended to be effective March 29, 2017, 42 TexReg 1447." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183350", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "D", "label": "STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS" }, "rule": { "number": "§523.144", "label": "Board Registered CPE Sponsors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183351", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may enter into an agreement with any sponsor of CPE programs to become a board registered CPE sponsor where the sponsor, in the opinion of the board, demonstrates that it will comply with its obligations to the board and that its programs will conform to the board's standards as outlined in:(1) §523.115 of this chapter (relating to Credits for Instructors and Discussion Leaders);(2) §523.130 of this chapter (relating to Ethics Course Requirements), (if applicable);(3) §523.140 of this chapter (relating to Program Standards);(4) §523.141 of this chapter (relating to Evaluation); and(5) §523.142 of this chapter (relating to Program Time Credit Measurement for Sponsors).(b) The board will also require that each organization applying to become a board registered CPE sponsor agrees that in the conduct of its business it will:(1) Not commit fraud, deceit or engage in fiscal dishonesty of any kind;(2) Not misrepresent facts or make false or misleading statements;(3) Not make false statements to the board or to the board's agents; and(4) Comply with the laws of the United States and the State of Texas.(c) Each organization applying to become a board registered CPE sponsor must submit an application on registration forms provided by the board. The application must be complete in all respects and must be accompanied with payment of a non-refundable registration fee unless the sponsor is exempt from paying the fee in accordance with this rule. Sponsors that offer regularly scheduled course titles that are at least one hour and up to four hours in length may accumulate these course titles into an eight-hour course block when determining fees. A maximum of 24 hours may be accumulated into three eight-hour course blocks. Refer to interpretative comment in subsection (j) of this section for explanation. The registration fee is based on the number of course titles offered and is identified in the following chart:Attached Graphic(d) To qualify for an exemption from the annual registration fee a sponsor must be:(1) a state, federal or other governmental agency that provides CPE for its employees and others at no charge;(2) a sponsor registered and in good standing with NASBA's National Registry of CPE Sponsors;(3) an institution of higher education whose courses are accepted for transfer credit by the reporting institution in the State of Texas. Other than courses acceptable for transfer credit, continuing education does not qualify for the exemption whether offered through an institute of higher education or through an educational foundation operating within such an institution; or(4) subject to the board's discretion, sponsors' courses that are subject to review by another entity may apply for an exemption from fees.(e) Sponsors that are exempt from paying the registration fee shall annually register with the board.(f) The board will not prorate the registration payment for an organization for less than one year. Upon renewal in the second and succeeding years, the registration amount may be increased to cover the costs of review of sponsors and individual courses.(g) Board staff will review each application and notify the sponsor of its acceptance or rejection. Accepted sponsors will be assigned a sponsor number and can represent that they are a board registered CPE sponsor. An acceptance in any given year shall not bind the board to accept a sponsor in any future year.(h) After the registration has been accepted, the board, in its sole and exclusive discretion, may determine that a registered sponsor is not in compliance with the registration requirements, CPE standards or applicable board rules. The board will provide the registered sponsor reasonable notice of such a determination and shall provide the registered sponsor a reasonable opportunity to become compliant. If the board determines the sponsor is not in compliance, the board may request that the sponsor make changes or the board may terminate the sponsor's registration. A sponsor that has had its registration terminated or has voluntarily surrendered its registration may apply for reinstatement after the first anniversary of the date of termination. The registration fee shall not be prorated or refunded if the registration is terminated.(i) A sponsor that requests reinstatement may do so by submitting a completed application and paying the fee provided for in subsection (c) of this section. The application for reinstatement must be accompanied with a list of the course(s) proposed to be offered. From that list the board will select one or more courses that must successfully pass the review pursuant to §523.147 of this chapter (relating to Sponsor Review Program), before any course can be offered.(j) A CPE sponsor registration is renewable annually by submitting a renewal application and paying the registration fee unless stated in subsection (d) of this section.(k) Interpretive Comment: In applying the fee structure to courses, it is deemed that small practice groups and sponsors that provide lectures and seminars on a regular basis are allowed to accumulate course titles that are at least one hour and up to four hours in length into one eight-hour course block. The maximum number of groupings of courses is limited to three eight-hour course blocks of 24 hours of qualified courses.", "sourceNote": "Source Note: The provisions of this §523.144 adopted to be effective December 2, 2004, 29 TexReg 11033; amended to be effective June 7, 2006, 31 TexReg 4646; amended to be effective November 29, 2006, 31 TexReg 9615; amended to be effective August 12, 2007, 32 TexReg 4764; amended to be effective February 17, 2008, 33 TexReg 1116; amended to be effective February 6, 2013, 38 TexReg 506; amended to be effective March 29, 2017, 42 TexReg 1448." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183351", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "D", "label": "STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS" }, "rule": { "number": "§523.145", "label": "Obligations of the Sponsor" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160535", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sponsors shall comply with the program standards as stated in §523.140 of this chapter (relating to Program Standards).(b) In consideration for registering as a CPE sponsor each organization shall certify in writing, to the following:(1) \"We understand that after acceptance of the application or reapplication for a registration by the board we may advise prospective attendees of the program sponsor registration, our sponsor number, and the number of CPE credits recommended. We further agree that if we notify licensees of this registration we shall do so by use of the following language, 'We are registered with the Texas State Board of Public Accountancy as a CPE sponsor. This registration does not constitute an endorsement by the board as to the quality of our CPE program.'\"(2) \"We understand that our advertising shall not be false or misleading, nor will our conduct in an effort to promote our services be coercive, overreaching, vexatious or harassing. We understand it is a violation of these rules for us to persist in contacting a licensee when the licensee has made known to us, or we should have known, the licensee's desire not to be contacted by us or our representative.\"(3) \"We agree that parties designated by the board may inspect our facilities, examine our records, attend our courses or seminars at no charge, and review our program to determine compliance with the sponsor registration requirements, CPE standards and applicable board rules.\"(4) \"We understand and agree that if we fail to comply with the registration requirements or fail to meet acceptable standards in our programs, the sponsor registration may be terminated at any time by the board, the sponsor registration or renewal application may be denied, and notice of such termination or denial may be provided to licensees by the board.\"(c) Every board registered CPE sponsor shall cooperate fully with the board's sponsor review program. At least every three years a sponsor shall undergo a sponsor review. This cooperation shall include, but not be limited to providing information, records and access to programs and instructors as requested. Failure to cooperate with the program shall be grounds for terminating the registration.", "sourceNote": "Source Note: The provisions of this §523.145 adopted to be effective October 12, 2004, 29 TexReg 9538; amended to be effective February 17, 2008, 33 TexReg 1117; amended to be effective February 6, 2013, 38 TexReg 506; amended to be effective March 29, 2017, 42 TexReg 1448." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160535&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160535", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "D", "label": "STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS" }, "rule": { "number": "§523.146", "label": "Registry of NASBA CPE Sponsors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160536", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall accept courses offered by sponsors shown as being in good standing on the NASBA's National Registry of CPE Sponsors; however, organizations that wish to offer CPE courses to Texas CPAs are not required to register with NASBA.(b) Sponsors registered with NASBA's National Registry of CPE Sponsors (\"NASBA CPE sponsors\") shall annually register with the board. NASBA CPE Sponsors are exempt from the board's registration fee but may be subject to a review by the board.(c) NASBA CPE sponsors registered with the board shall:(1) comply with all board standards for CPE sponsors; and(2) cooperate with the board's sponsor review program.(d) The board may revoke the registration of any NASBA CPE sponsor registered under this section for failure to comply with the registration requirements, CPE standards or applicable board rules.", "sourceNote": "Source Note: The provisions of this §523.146 adopted to be effective October 12, 2004, 29 TexReg 9538; amended to be effective November 29, 2006, 31 TexReg 9615; amended to be effective February 6, 2013, 38 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160536&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160536", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "523", "label": "CONTINUING PROFESSIONAL EDUCATION" }, "subchapter": { "number": "D", "label": "STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS" }, "rule": { "number": "§523.147", "label": "Sponsor Review Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A sponsor review program is established for the purpose of monitoring the compliance by board registered CPE sponsors and the courses they offer with the registration requirements, CPE standards and/or applicable board rules. The program shall emphasize high quality education and compliance with professional standards. In the event a sponsor does not comply with the registration requirements, CPE standards, or applicable board rules, the board shall take appropriate action.(b) The presiding officer shall appoint three members who shall be either board members or advisory members to the Sponsor Review Program Committee (SRPC). The SRPC's duties are to:(1) monitor the sponsor review program to provide assurance to the CPE committee that the CPE sponsors are being reviewed and that the reviews are conducted and reported in accordance with established CPE program standards;(2) serve as mediators between the reviewers and sponsors whose courses are being reviewed; and(3) report to the CPE committee as requested and make recommendations as appropriate.(c) The board shall contract with qualified persons selected by the CPE committee to review the courses of sponsors (\"reviewers\"). The board will compensate reviewers from revenue received from sponsors' registration fees.(1) If the reviewer is a CPA, the reviewer must be in good standing with the licensing board.(2) A reviewer must recuse himself from service if the reviewer has an interest in the sponsoring organization under review or if the reviewer believes he cannot be impartial or objective.(3) A reviewer may not concurrently serve as a member of the board or one of its committees.(d) The reviewers shall:(1) assess board-registered sponsors of CPE to provide reasonable assurance that quality CPE is being offered in accordance with registration requirement, CPE standards, or applicable board rules;(2) review the policies and procedures of board registered CPE sponsors as to their conformity with the rules;(3) when necessary, prescribe actions designed to assure correction of the deficiencies in the program or CPE;(4) report to the SRPC as required:(A) problems experienced with sponsor compliance; and(B) problems experienced in the implementation of the review program.(e) The procedures used by the reviewers in monitoring of sponsors of CPE may include, but not be limited to:(1) random visits of sponsors as deemed appropriate, and review of course materials;(2) meetings with the sponsor;(3) reviewing educational materials and record keeping documents;(4) reviewing the sponsor's educational philosophy;(5) reviewing, on the basis of a random selection, the course evaluations from licensees to determine whether the materials have received adverse comments;(6) expanding the review of records if significant deficiencies, problems, or inconsistencies are encountered during the review of the materials; and(7) determining that courses offered by board-registered CPE sponsors comply with all applicable board rules including §523.102 of this chapter (relating to CPE Purpose and Definitions) and this subchapter and provide that:(A) educational content meets the course objectives;(B) course material is up-to-date and relevant; and(C) adequate documentation procedures are in place;(8) other procedures as deemed necessary by the board so that the CPE sponsor is in compliance with the registration requirements, CPE standards and applicable board rules.", "sourceNote": "Source Note: The provisions of this §523.147 adopted to be effective October 12, 2004, 29 TexReg 9538; amended to be effective February 17, 2008, 33 TexReg 1117; amended to be effective February 6, 2013, 38 TexReg 507." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198248", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "525", "label": "CRIMINAL BACKGROUND INVESTIGATIONS" }, "rule": { "number": "§525.1", "label": "Applications for the UCPAE, Issuance of the CPA Certificate, or Initial License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198249", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may prohibit an individual from taking the UCPAE, and may not issue the CPA certificate, or an initial license, for up to five years from the date of the application, if the board finds that the applicant has been convicted of an offense listed in Article 42A.054 of the Texas Code of Criminal Procedure, a sexually violent offense as defined by Article 62.001 of the Texas Code of Criminal Procedure, or a criminal offense which directly relates to the duties and responsibilities of the practice of public accountancy. The board may consider an individual to have been convicted of a criminal offense regardless of having received deferred adjudication and having the charges dismissed if the individual has not completed the period of supervision or the individual completed the supervision less than five years before the individual applied for the license. In determining whether the felony or misdemeanor conviction directly relates to the duties and responsibilities of the practice of public accountancy, the board shall consider:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to engage in the practice of public accountancy;(3) the extent to which a license to practice public accountancy might offer an opportunity to engage in further criminal activity of the same type as that in which the applicant was previously involved;(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a CPA or public accountant; and(5) any correlation between the elements of the crime and the duties and responsibilities of the practice of public accountancy.(b) In addition to the factors stated in subsection (a) of this section, the board shall consider:(1) the extent and nature of the applicant's past criminal activity;(2) the age of the applicant when the crime was committed;(3) the amount of time that has elapsed since the applicant's last criminal activity;(4) the conduct and work activity of the applicant before and after the criminal activity;(5) evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the applicant's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the applicant's fitness, including letters of recommendation from:(A) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant;(B) the sheriff or chief of police in the community where the applicant resides; and(C) any other person in contact with the convicted applicant.(c) It is the applicant's responsibility to obtain and provide to the board evidence regarding the factors listed in subsection (b) of this section.(d) In addition to fulfilling the requirements of subsection (c) of this section, the applicant shall furnish proof in the form required by the board that the applicant has:(1) maintained a record of steady employment;(2) supported the applicant's dependents;(3) maintained a record of good conduct; and(4) paid all outstanding court costs, supervision fees, fines and restitution ordered in any criminal case in which the applicant has been convicted.(e) As provided in §901.005(c) and (e)(3) of the Act (relating to Findings; Public Policy; Purpose), the public including the business community relies on the integrity of licensees and certificate holders in providing professional accounting services or professional accounting work. The board considers a conviction or placement on deferred adjudication for a felony or conviction or placement on deferred adjudication for the misdemeanor offenses listed in §519.7 of this title (relating to Criminal Offenses that May Subject a Licensee or Certificate Holder to Discipline or Disqualify a Person from Receiving a License) to be evidence of an individual lacking the integrity necessary to be trusted with confidential client information, client funds and assets which directly relates to the duties and responsibilities of a licensee in the practice of public accountancy. An applicant who is convicted of a felony or repeatedly violates the law may lack the integrity to enjoy the public's trust and the privilege of being a CPA.(f) The board will not deny an applicant a license or the opportunity to be examined for a license because of the applicant's prior conviction of an offense until the board has:(1) provided written notice to the applicant of the reason for the intended denial; and(2) allowed the applicant 30 days to submit any relevant information to the board for its consideration.(g) The notice required under subsection (f) of this section will contain as applicable:(1) a statement that the applicant is disqualified from receiving the license or being examined for the license because of the applicant's prior conviction of the offense specified in the notice; and(2) a statement that:(A) the final decision of the board to deny the applicant a license or the opportunity to be examined for the license will be based on the factors listed in subsection (b) of this section; and(B) it is the applicant's responsibility to obtain and provide to the board evidence regarding the factors listed in subsection (b) of this section.(h) The following procedures shall apply in the processing of an application to take the UCPAE.(1) The applicant will be asked to affirm, under penalty of perjury, to the question of whether or not the applicant has ever been convicted, as provided in subsection (a) of this section, of a felony or misdemeanor.(2) The board shall require the applicant to arrange to provide to the Texas Department of Public Safety a complete and legible set of fingerprints from a vendor approved by the Texas Department of Public Safety for the purpose of obtaining the applicant's criminal history record information unless fingerprints have been previously submitted for licensure on or after September 1, 2014.(3) The board will review the criminal history record information and will approve or disapprove applications as the evidence warrants. If the requested information is not provided at least 10 days prior to the examination, an applicant may be permitted to take the UCPAE, with his or her scores subject to being voided.(4) The examination eligibility fee of an applicant whose application to take the UCPAE has been denied under this section or §511.70 of this title (relating to Grounds for Disciplinary Action of Applicants) and who has not taken any portion of the examination shall be refunded.(i) Unless an applicant has been convicted of an offense as described in subsection (a) of this section, the board will issue the license for which the applicant applied or a provisional license described in subsection (j) of this section.(j) The board may issue a provisional license for a term of six months to an applicant who has been convicted of an offense described in subsection (a) of this section.(k) The board shall revoke a provisional license if the provisional license holder:(1) commits a new offense;(2) commits an act or omission that causes the applicant's community supervision, mandatory supervision, or parole to be revoked, if applicable; or(3) violates the law or rules governing the practice of public accountancy.", "sourceNote": "Source Note: The provisions of this §525.1 adopted to be effective February 25, 1987, 12 TexReg 502; amended to be effective February 29, 2000, 25 TexReg 1630; amended to be effective December 3, 2003, 28 TexReg 10764; amended to be effective February 17, 2008, 33 TexReg 1117; amended to be effective April 10, 2013, 38 TexReg 2226; amended to be effective October 11, 2017, 42 TexReg 5440; amended to be effective February 5, 2020, 45 TexReg 762." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198249", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "525", "label": "CRIMINAL BACKGROUND INVESTIGATIONS" }, "rule": { "number": "§525.2", "label": "Renewal of a License for Licensees with Criminal Backgrounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198250", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following shall apply when renewing a license annually.(1) Each licensee shall be asked in their license renewal application to affirm, under penalty of perjury, whether or not the licensee has ever been convicted of a felony or misdemeanor of which the board has not previously been informed.(2) The board may consider an individual to have been convicted of an offense regardless of having received deferred adjudication and having the charges dismissed if the individual has not completed the period of supervision or the individual completed the supervision less than five years before the individual applied for license renewal.(3) If the licensee has been convicted, as provided in paragraph (2) of this subsection, of an offense listed in Article 42A.054 of the Texas Code of Criminal Procedure, a sexually violent offense as defined by Article 62.001 of the Texas Code of Criminal Procedure, or a criminal offense which directly relates to the duties and responsibilities of the practice of public accountancy, the licensee may be subject to disciplinary action.(4) In determining whether the felony or misdemeanor conviction directly relates to the duties and responsibilities of the practice of public accountancy, the board shall consider:(A) the nature and seriousness of the crime;(B) the relationship of the crime to the purposes for requiring a licensee to engage in the practice of public accountancy;(C) the extent to which a license to practice public accountancy might offer an opportunity to engage in further criminal activity of the same type as that in which the licensee was previously involved;(D) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a CPA or public accountant; and(E) any correlation between the elements of the crime and the duties and responsibilities of the practice of public accountancy.(b) In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a licensee who has been convicted of a crime, the board shall consider, in addition to the factors listed in subsection (a)(4) of this section:(1) the extent and nature of the licensee's past criminal activity;(2) the age of the licensee when the crime was committed;(3) the amount of time that has elapsed since the licensee's last criminal activity;(4) the conduct and work activity of the licensee before and after the criminal activity;(5) evidence of the licensee's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the licensee's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the licensee's fitness, including letters of recommendation from:(A) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the licensee;(B) the sheriff or chief of police in the community where the licensee resides; and(C) any other person in contact with the convicted licensee.(c) It is the applicant's responsibility to obtain and provide to the board evidence regarding the factors listed in subsection (b) of this section.(d) In addition to fulfilling the requirements of subsection (c) of this section, the licensee shall furnish proof in the form required by the board that the licensee has:(1) maintained a record of steady employment;(2) supported the licensee's dependents;(3) maintained a record of good conduct; and(4) paid all outstanding court costs, supervision fees, fines and restitution ordered in any criminal case in which the licensee has been convicted.(e) As provided in §901.005(c) and (e)(3) of the Act (relating to Findings; Public Policy; Purpose), the public including the business community relies on the integrity of licensees and certificate holders in providing professional accounting services or professional accounting work. The board considers a conviction or placement on deferred adjudication for a felony or conviction or placement on deferred adjudication for the misdemeanor offenses listed in §519.7 of this title (relating to Criminal Offenses that May Subject a Licensee or Certificate Holder to Discipline or Disqualify a Person from Receiving a License) to be evidence of an individual lacking the integrity necessary to be trusted with confidential client information, client funds and assets which directly relates to the duties and responsibilities of a licensee in the practice of public accountancy. A licensee who is convicted of a felony or repeatedly violates the law may lack the integrity to enjoy the public's trust and the privilege of being a CPA.(f) The board shall require each licensee on a one-time basis seeking renewal of their license to arrange to provide to the Texas Department of Public Safety a complete and legible set of fingerprints from a vendor approved by the Texas Department of Public Safety for the purpose of obtaining the licensee's criminal history record information unless fingerprints have been previously submitted for licensure on or after September 1, 2014 by the licensee.", "sourceNote": "Source Note: The provisions of this §525.2 adopted to be effective February 17, 2008, 33 TexReg 1118; amended to be effective April 10, 2013, 38 TexReg 2226; amended to be effective October 11, 2017, 42 TexReg 5440; amended to be effective February 5, 2020, 45 TexReg 762." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198250", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "525", "label": "CRIMINAL BACKGROUND INVESTIGATIONS" }, "rule": { "number": "§525.3", "label": "Criminal Background Checks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185004", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants to take the UCPAE and licensees applying for license renewal shall arrange to provide to the Texas Department of Public Safety a complete and legible set of fingerprints from a vendor approved by the Texas Department of Public Safety for the purpose of obtaining the applicant's or licensee's criminal history record information unless the fingerprints have been previously submitted after September 1, 2014. Once fingerprints have been provided, additional fingerprints will not be required so long as the fingerprints provided were complete and legible.(b) Criminal history record information obtained from the Texas Department of Public Safety and the Federal Bureau of Investigation will be maintained pursuant to §411.084 of the Texas Government Code in order to protect the confidentiality of the information.", "sourceNote": "Source Note: The provisions of this §525.3 adopted to be effective June 11, 2014, 39 TexReg 4434; amended to be effective August 3, 2017, 42 TexReg 3788; amended to be effective February 5, 2020, 45 TexReg 762." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185004&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185004", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "526", "label": "BOARD OPINIONS" }, "rule": { "number": "§526.1", "label": "Issuance of Opinions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156581", "queryAsDate": "03/11/2026" }, "ruleBody": "The board may issue opinions upon the written request of any person. These opinions shall be based on actual facts specific to the situation and submitted in accordance with board instructions and shall be limited to areas within the board's jurisdiction. The board may determine not to issue an opinion.", "sourceNote": "Source Note: The provisions of this §526.1 adopted to be effective to be effective October 17, 1999, 24 TexReg 8752; amended to be effective October 12, 2004, 29 TexReg 9539; amended to be effective October 15, 2008, 33 TexReg 8521; amended to be effective August 3, 2017, 42 TexReg 3788." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156581&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156581", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "526", "label": "BOARD OPINIONS" }, "rule": { "number": "§526.2", "label": "Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138367", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The appropriate board committee will review requests for opinions and determine if the opinion request is appropriate for board consideration and if so submit a recommended action to the board. The board may decline to consider requests for opinions on interpretations of the Act or board rules. All recommendations will be submitted for consideration by the board at a regularly scheduled meeting.(b) The board will consider the recommendation of the committee and will:(1) decline to ratify the recommendation of the committee;(2) approve or amend the recommendation of the committee and issue an opinion; or(3) take such other action as the board may deem appropriate.", "sourceNote": "Source Note: The provisions of this §526.2 adopted to be effective to be effective October 17, 1999, 24 TexReg 8752; amended to be effective October 15, 2008, 33 TexReg 8522; amended to be effective June 7, 2012, 37 TexReg 4052." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138367", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "526", "label": "BOARD OPINIONS" }, "rule": { "number": "§526.3", "label": "Advisory Opinions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225731", "queryAsDate": "03/11/2026" }, "ruleBody": "The board's staff or board members may issue an opinion to any person with a cover letter clearly identifying that the opinion is advisory in nature, and is restricted to the specific fact situation identified in the opinion, and is not binding on the board. Board staff may respond to routine questions without the need for issuing formal staff opinions.", "sourceNote": "Source Note: The provisions of this §526.3 adopted to be effective to be effective October 17, 1999, 24 TexReg 8752; amended to be effective October 12, 2004, 29 TexReg 9539; amended to be effective October 15, 2008, 33 TexReg 8522." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225731", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.1", "label": "Establishment of Peer Review Program," }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225732", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to §901.159 of the Act (relating to Peer Review), the board establishes a peer review program to monitor CPAs' compliance with applicable accounting, auditing and other attestation standards adopted by generally recognized standard-setting bodies. The program may include education, remediation, disciplinary sanctions or other corrective action where attest services do not comply with professional or regulatory standards.(b) This chapter shall not require any firm to become a member of any sponsoring organization and all sponsoring organization(s) shall charge the same administrative fee to all firms participating in peer review regardless of their membership or affiliation with a sponsoring organization.", "sourceNote": "Source Note: The provisions of this §527.1 adopted to be\r\neffective October 16, 2002, 27 TexReg 9579; amended to be effective\r\nOctober 12, 2004, 29 TexReg 9540; amended to be effective June 13,\r\n2013, 38 TexReg 3608; amended to be effective October 10, 2019, 44\r\nTexReg 5785; amended to be effective July 30, 2025, 50 TexReg 4932." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225732&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225732", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212307", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.(1) \"Engagement Review\" means a peer review evaluating engagements performed and reported on in conformity with applicable professional standards in all material respects and unless agreed to otherwise is performed off-site from the reviewed firm's office and does not provide a basis for expressing any assurance regarding the firm's system of quality management for its accounting practice. (2) \"Systems Review\" means a peer review designed to provide a peer reviewer with a reasonable basis for expressing an opinion on whether, during the year under review:(A) the reviewed firm's system of quality management for its accounting and auditing practice has been designed in accordance with quality management standards; and(B) the reviewed firm's quality management policies and procedures were being complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects.(3) \"Review Year\" means the one-year (12-month) period covered by the peer review. Financial statement engagements selected for review normally would have periods ending during the year under review. Engagements related to financial forecasts or projections, or agreed upon procedures engagements, with report dates during the year under review would also be subject to selection for review.(4) \"Sponsoring organization\" means an entity that meets the standards specified by the board for administering the review. The board shall periodically publish a list of sponsoring organizations, which have been approved by the board.(5) \"Firm inspection program\" means the process of firm inspection administered by the PCAOB.(6) \"Rating\" of a peer review refers to the type of report issued. The three types of reports are pass, pass with deficiencies, or fail. The peer review rating is clearly indicated in the peer review report. A peer review report with a rating of pass with deficiencies or fail is considered a deficient review.(7) \"Assigned review date\" is the reporting due date to the board of an accepted peer review report.(8) \"Acceptance date\" of a peer review is the date that the sponsoring organization's peer review report committee (PRRC), referred to in §527.9(a)(1) of this chapter (relating to Procedures for a Sponsoring Organization), is presented the peer review report on a review with the rating of pass and the PRRC approves the review. The acceptance date and in this case the completion date of the peer review are the same date and is noted in a letter from the administering entity to the reviewed firm. The PRRC will be presented with the peer review report and the firm's letter of response on reviews with a rating of pass with deficiencies or fail. Ordinarily, the PRRC will require the reviewed firm to take corrective action(s) and those actions will be communicated in a letter to the firm from the administering entity. In this circumstance, the \"acceptance date\" is defined as the date that the reviewed firm signs the letter from the administering entity agreeing to perform the required corrective action(s).(9) \"Completion date\" of a peer review is the date that the sponsoring organization's PRRC, referred to in §527.9(a)(1) of this chapter, is presented the corrective action and the committee decides that the reviewed firm has performed the agreed-to corrective action(s) to the committee's satisfaction and the committee requires no additional corrective action(s) by the firm. The date is noted in a final letter from the administering entity to the reviewed firm.(10) \"AICPA Public File\" is the file for firms that are members of AICPA's Employee Benefit Plan Audit Quality Center, Governmental Audit Quality Center, Private Companies Practice Section, or other firms that voluntarily post their review information to this public file on AICPA's web site as a membership requirement. Information in the public file includes the firm's most recently accepted peer review report and the firm's response thereto, if any.(11) \"Facilitated State Board Access (FSBA)\" is a secure website accessible only to the state board that provides the most recently accepted peer review report, the firm's letter of response (LOR), the corrective action letter (CAL), and the final letter of acceptance (FLOA).", "sourceNote": "Source Note: The provisions of this §527.2 adopted\r\nto be effective October 16, 2002, 27 TexReg 9579; amended to be effective\r\nOctober 12, 2004, 29 TexReg 9540; amended to be effective April 15,\r\n2009, 34 TexReg 2379; amended to be effective June 13, 2013, 38 TexReg\r\n3608; amended to be effective August 4, 2016, 41 TexReg 5551; amended\r\nto be effective October 10, 2019, 44 TexReg 5786; amended to be effective\r\nOctober 6, 2021, 46 TexReg 6546; amended to be effective July 30,\r\n2025, 50 TexReg 4933." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212307", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.3", "label": "Standards for Peer Reviews and Sponsoring Organizations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225733", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board adopts Standards for Performing and Reporting on Peer Reviews (the Standards) promulgated by AICPA.(b) Qualified sponsoring organizations shall be the AICPA, the TXCPA and state CPA societies fully involved in the administration of the AICPA Peer Review Program, and such other entities which are approved by the board.(c) For firms required to be registered with and subject to inspection by the PCAOB, the board recognizes and adopts the PCAOB's inspection process and standards for reviewing practices subject to its authority, which are not included in the scope of this peer review program.", "sourceNote": "Source Note: The provisions of this §527.3 adopted to be effective October 16, 2002, 27 TexReg 9579; amended to be effective October 12, 2004, 29 TexReg 9540; amended to be effective April 15, 2009, 34 TexReg 2380; amended to be effective August 11, 2010, 35 TexReg 6828; amended to be effective June 13, 2013, 38 TexReg 3608; amended to be effective August 4, 2016, 41 TexReg 5552; amended to be effective June 8, 2022, 47 TexReg 3264; amended to be effective February 8, 2023, 48 TexReg 518." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225733&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225733", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.4", "label": "Enrollment and Participation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215637", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Participation in the program is required of each firm licensed or registered with the board that performs any attest services as defined in §901.002 of the Act (relating to General Definitions) and §501.52(4), (11) and (23) of this title (relating to Definitions). A firm that performs attest services subject only to PCAOB inspection is not required to participate in the program. A firm whose highest level of service is preparation engagements under SSARS is not required to participate in the program.(b) A firm that does not perform attest services as set out in subsection (a) of this section shall annually submit to the board a request for an exemption from the peer review program with an explanation of the services offered by the firm. An exempt firm that begins providing attest services as set out in subsection (a) of this section shall notify the board of the change in its exemption status within 30 days.(c) Each firm required to participate under subsection (a) of this section shall enroll in the applicable peer review program of an approved sponsoring organization within 30 days of performing services that require a review. The firm shall adopt the review due date assigned by the sponsoring organization, and must notify the board of the peer review due date within 30 days of its assignment. In addition, a firm's subsequent peer review is due three years and six months after the year end of the previous peer review, or earlier as may be required by the sponsoring organization, a committee of the board or the board's executive director. It is the responsibility of the firm to anticipate its needs for peer review services in sufficient time to enable the reviewer to complete the peer review by the assigned review due date.(d) In the event that a firm is merged, otherwise combined, dissolved, or separated, the sponsoring organization shall determine which firm is considered the successor firm. The successor firm shall retain its peer review status and the review due date.(e) The board will accept extensions granted by the sponsoring organization to complete a review, provided the board is notified by the firm within 15 days of the date that an extension is granted.(f) A firm that has been rejected by a sponsoring organization for any reason must make a request in writing to the board for authorization to enroll in a program of another sponsoring organization. Such request shall be made within 30 days of notification by the sponsoring organization. (g) A firm choosing to change to another sponsoring organization may do so provided that the firm authorizes the previous sponsoring organization to communicate to the succeeding sponsoring organization any outstanding corrective actions related to the firm's most recent review. Any outstanding actions must be cleared and outstanding fees paid prior to transfer between sponsoring organizations.(h) An out-of-state firm practicing in this state pursuant to a practice privilege provided for in §901.461 of the Act (relating to Practice by Certain Out-of-State Firms) and §517.1 and §517.2 of this title (relating to Practice by Certain Out of State Firms and Practice by Certain Out of State Individuals) must comply with the peer review program of the state in which the firm is licensed.(i) An out-of-state firm practicing in this state pursuant to a practice privilege from a state without a peer review program must comply with §901.159 of the Act (relating to Peer Review) and Chapter 517 of this title (relating to Practice by Certain Out-of-State Firms and Individuals).(j) An out-of-state firm practicing in this state pursuant to a practice privilege must submit its peer review (or equivalent) documentation upon request of the board.(k) Failure to satisfy peer review requirements may subject the firm to disciplinary action as well as administrative penalties and costs under §519.9 of this title (relating to Administrative Penalty Guidelines).(l) Interpretive Comment. If a firm is subject to inspections pursuant to PCAOB and also performs attest work not subject to such inspections, the firm must enroll in a peer review program for review of its non-public company attest work in addition to the firm inspection program required by the PCAOB.", "sourceNote": "Source Note: The provisions of this §527.4 adopted to be\r\neffective October 16, 2002, 27 TexReg 9579; amended to be effective\r\nOctober 12, 2004, 29 TexReg 9540; amended to be effective October\r\n11, 2007, 32 TexReg 7064; amended to be effective April 15, 2009,\r\n34 TexReg 2381; amended to be effective August 7, 2013, 38 TexReg\r\n4896; amended to be effective June 10, 2015, 40 TexReg 3568; amended\r\nto be effective December 9, 2015, 40 TexReg 8792; amended to be effective\r\nAugust 4, 2016, 41 TexReg 5552; amended to be effective June 8, 2022,\r\n47 TexReg 3264; amended to be effective July 30, 2025, 50 TexReg 4933." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215637", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.5", "label": "Deficient Reviews" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225734", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board at its sole discretion may require a firm which has received a rating of pass with deficiencies or fail to have an accelerated peer review or subject it to any other disciplinary or corrective action under the Act.(b) A firm, including a successor firm, which receives two consecutive reviews on a system or engagement review with ratings of either pass with deficiencies or fail in any order, or two pass with deficiencies shall be required to have an accelerated review. If that accelerated review results in a rating of pass with deficiencies or fail:(1) the firm may complete attest engagements for which field work has already begun only if:(A) prior to issuance of any report, the engagement is reviewed and approved by a third-party reviewer acceptable to the chairman of the Technical Standards Review Committee or the Peer Review Committee; and(B) the engagement is completed within 60 days of the acceptance of the peer review report and LOR by the sponsoring organization; and(2) the firm shall not perform any other attest services until given permission by the board and if approved by the Board may do so only under the supervision of a third-party reviewer approved by the chair of the Technical Standards Review Committee or Peer Review Committee; and(3) the firm may only perform an attest service not under the supervision of a third-party reviewer following the recommendation of the Technical Standards Review Committee or the Peer Review Committee with the board's approval.(c) A firm, including a successor firm, which receives two consecutive reviews with a rating of fail on a system or engagement review shall not perform any other attest services until given permission by the board to resume this practice. The firm may complete attest engagements for which field work has already begun only if:(1) prior to issuance of any report, the engagement is reviewed and approved by a third party reviewer acceptable to the chairman of the Technical Standards Review Committee or the Peer Review Committee; and(2) the engagement is completed within 60 days of the acceptance of the peer review report and LOR by the sponsoring organization; and(3) if approved by the Board, the firm may perform attest services under the supervision of a third-party reviewer approved by the chair of the Technical Standards Review Committee or Peer Review Committee; and(4) the firm may only perform an attest service not under the supervision of a third-party reviewer following the recommendation of the Technical Standards Review Committee or the Peer Review Committee with the board's approval.(d) A firm may petition the board in writing for a waiver from the provisions of this rule.", "sourceNote": "Source Note: The provisions of this §527.5 adopted to be effective October 16, 2002, 27 TexReg 9579; amended to be effective October 12, 2004, 29 TexReg 9540; amended to be effective April 15, 2009, 34 TexReg 2381; amended to be effective June 13, 2013, 38 TexReg 3609; amended to be effective August 4, 2016, 41 TexReg 5553; amended to be effective November 29, 2023, 48 TexReg 6911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225734&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225734", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.6", "label": "Reporting to the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225735", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A firm must submit to the board:(1) a copy of the peer review report and the FLOA from the sponsoring organization, if such report has a rating of pass;(2) a copy of the peer review report, the firm's LOR, the CAL, and FLOA if the report has a rating of pass with deficiencies or fail; (3) any additional documents from or to the firm's administering entity related to the firm's peer review, including a letter of enrollment or reenrollment, a representation made by the firm to the administering entity representing that it has not performed attest engagements, identification of due dates for peer reviews and corrective action(s), a corrective action extension letter, the date the peer review was scheduled, and the estimated dates of the peer review commencement and presentation to a report acceptance body; or (4) a copy of any report resulting from any inspection by the PCAOB firm inspection program together with documentation of any significant deficiencies and findings and the firm's response.(b) Any report or document submitted to the board under this section is confidential pursuant to the Act.(c) Any report or document (collectively referred to as \"documents\") required to be submitted under subsection (a) of this section shall be filed with the board as provided below:(1) Peer review documents will be made available by the reviewed firm granting access to the board in FSBA. A firm that does not grant access to the board in FSBA must complete the board's Peer Review Compliance Reporting form within 30 days of receiving any document under subsection (a) of this section and submit it to the board along with the required documents. (2) Firms subject to the PCAOB permanent firm inspection program must, within 10 days of receipt of the notice of completion from the PCAOB, complete the board's Peer Review Compliance Reporting form and submit it to the board along with the required documents.(d) The information required under subsection (c) of this section must be filed with the board either by mail or electronically such as by fax, email, or FSBA web site.", "sourceNote": "Source Note: The provisions of this §527.6 adopted to be\r\neffective October 16, 2002, 27 TexReg 9579; amended to be effective\r\nOctober 12, 2004, 29 TexReg 9540; amended to be effective August 3,\r\n2005, 30 TexReg 4333; amended to be effective April 15, 2009, 34 TexReg\r\n2382; amended to be effective August 11, 2010, 35 TexReg 6829; amended\r\nto be effective June 13, 2013, 38 TexReg 3609; amended to be effective\r\nAugust 4, 2016, 41 TexReg 5553; amended to be effective February 8,\r\n2023, 48 TexReg 518; amended to be effective July 30, 2025, 50 TexReg\r\n4933." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225735", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.7", "label": "Peer Review Oversight Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "140342", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall retain the Peer Review Oversight Board (PROB) for the purpose of:(1) monitoring sponsoring organizations to provide reasonable assurance that peer reviews are being conducted and reported in accordance with the Standards promulgated by the AICPA Peer Review Board;(2) reviewing the policies and procedures of sponsoring organization applicants as to their conformity with the peer review standards; and(3) reporting to the board on the conclusions and recommendations reached as a result of performing the functions in paragraphs (1) and (2) of this subsection.(b) Information concerning a specific firm or reviewer obtained by the PROB during oversight activities shall be confidential, and the firm's or reviewer's identity shall not be reported to the board. Reports submitted to the board will not contain information concerning specific firms or reviewers. Members of the PROB will be required to execute a confidentiality statement for the sponsoring organization which they oversee.(c) The PROB shall consist of active licensed Texas CPAs in a number sufficient to meet the objectives of this section as determined by the board. No member of the PROB shall be a current member of the board or one of its committees, the TXCPA' s Peer Review or Professional Conduct Committee, or the AICPA Professional Ethics Executive Committees or Peer Review Board (including subcommittees). The members should have extensive experience in accounting and auditing and in the practice of public accountancy at the partner (or equivalent) level within the past five years. If a member is associated with a firm subject to peer review, the member's firm must have received a report with a rating of pass from its last peer review. Compensation of PROB members shall be set by the board.(d) The PROB shall make an annual recommendation to the board as to the qualifications of an approved sponsoring organization to continue as an approved sponsoring organization on the basis of the results of the following procedures:(1) Where the sponsoring organization is the AICPA/NPRC, state CPA societies other than Texas that are fully involved in the administering AICPA Peer Review Program, PROB shall review the published oversight reports of those entities or successors, to determine that there is an acceptable level of oversight;(2) Where the sponsoring organization is other than those listed in paragraph (1) of this subsection, PROB shall perform the following functions:(A) The Peer Review Committee members will determine which and how many Report Acceptance Bodies meetings and PRRC meetings the PROB members will attend each year in order to assure that the peer review program is meeting its objectives. Certain PRRC meetings may be conducted via telephone or video conference. In those instances, the PROB may join the conference via telephone or video conference.(B) During such visits, the PROB shall:(i) meet with the organization's peer review committee during the committee's consideration of peer review documents;(ii) evaluate the organization's procedures for administering the peer review program;(iii) examine, on the basis of a random selection or other criteria adopted by PROB, a number of reviews performed by the organization to include, at a minimum, a review of the report on the peer review, the firm's response to the matters discussed, the sponsoring organization's FLOA outlining any additional corrective or monitoring procedures, and the required technical documentation maintained by the sponsoring organization on the selected reviews; and(iv) expand the examination of peer review documents if significant deficiencies, problems, or inconsistencies are encountered during the analysis of the materials.(e) In the evaluation of policies and procedures of sponsoring organization applicants, the PROB shall:(1) examine the policies as drafted by the applicant to determine that they will provide reasonable assurance of conforming with the standards for peer reviews;(2) evaluate the procedures proposed by the applicant to determine that:(A) assigned reviewers are appropriately qualified to perform the review for the specific firm;(B) reviewers are provided with appropriate materials;(C) the applicant has provided for consulting with the reviewers on problems arising during the review and that specified occurrences requiring consultation are outlined;(D) the applicant has provided for the assessment of the results of the review; and(E) the applicant has provided for an independent report acceptance body that considers and accepts the reports of the review and requires corrective actions by firms with significant deficiencies;(3) make recommendations to the board as to approval of the applicant as a sponsoring organization.(f) Annually the PROB shall provide the board's Peer Review Committee with a report on the continued reliance of sponsoring organizations' peer reviews. The PROB report shall provide reasonable assurance that peer reviews are being conducted and reported on consistently and in accordance with the Standards promulgated by the AICPA Peer Review Board. A summary of oversight visits shall be included with the annual report.", "sourceNote": "Source Note: The provisions of this §527.7 adopted to be\r\neffective October 16, 2002, 27 TexReg 9579; amended to be effective\r\nOctober 12, 2004, 29 TexReg 9540; amended to be effective April 15,\r\n2009, 34 TexReg 2383; amended to be effective June 13, 2013, 38 TexReg\r\n3609; amended to be effective August 4, 2016, 41 TexReg 5554; amended\r\nto be effective March 31, 2021, 46 TexReg 2020; amended to be effective\r\nJune 8, 2022, 47 TexReg 3265; amended to be effective February 8,\r\n2023, 48 TexReg 518; amended to be effective July 30, 2025, 50 TexReg\r\n4933." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "140342", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.8", "label": "Retention of Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209174", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each reviewer shall maintain all documentation necessary to establish that each review conformed to the review standards of the relevant review program, including the review working papers, copies of the review report, and any correspondence indicating the firm's concurrence, non-concurrence, and any proposed remedial actions and any related implementation.(b) The documents described in subsection (a) of this section shall be retained by the reviewer for a period of time corresponding to the retention period of the sponsoring organization, and upon request of the PROB, shall be made available. In no event shall the retention period be less than 120 days from the date of completion of the review by the sponsoring organization.", "sourceNote": "Source Note: The provisions of this §527.8 adopted to be effective October 16, 2002, 27 TexReg 9579; amended to be effective October 12, 2004, 29 TexReg 9540; amended to be effective April 15, 2009, 34 TexReg 2384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209174", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.9", "label": "Procedures for a Sponsoring Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179165", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify as a sponsoring organization, an entity must submit a peer review administration plan to the board for review and approval by the PROB. The plan of administration must:(1) establish a PRRC and subcommittees as needed, and provide professional staff as needed for the operation of the peer review program;(2) establish a program to communicate to firms participating in the peer review program the latest developments in peer review standards and the most common findings in the peer reviews conducted by the sponsoring organization;(3) establish procedures for resolving any disagreement which may arise out of the performance of a peer review;(4) establish procedures to resolve matters which may lead to the dismissal of a firm from the peer review program, and conduct hearings pursuant to those procedures;(5) establish procedures to evaluate and document the performance of each reviewer, and conduct hearings, which may lead to the disqualification of a reviewer who does not meet the AICPA standards;(6) require the maintenance of records of peer reviews conducted under the program in accordance with the records retention rules of the AICPA; and(7) provide for periodic reports to the PROB on the results of the peer review program.(b) A sponsoring organization is subject to review by the board and the PROB.", "sourceNote": "Source Note: The provisions of this §527.9 adopted to be effective October 16, 2002, 27 TexReg 9579; amended to be effective October 12, 2004, 29 TexReg 9540; amended to be effective June 13, 2013, 38 TexReg 3610; amended to be effective June 8, 2022, 47 TexReg 3265." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179165", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.10", "label": "Peer Review Report Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179166", "queryAsDate": "03/11/2026" }, "ruleBody": "A PRRC is comprised of CPAs practicing public accountancy and formed by a sponsoring organization for the purpose of accepting peer review reports submitted by firms on peer review engagements.(1) Each member of a PRRC must be active in the practice of public accountancy at a supervisory level in the assurance or auditing function while serving on the committee. The member's firm must be enrolled in an approved practice-monitoring program and have received a report with a rating of pass on its most recently completed peer review. A majority of the committee members must satisfy the qualifications required of system peer review team captains as established and reported in the AICPA Standards.(2) Each member of a PRRC must be approved for appointment by the governing body of the sponsoring organization.(3) In determining the size of a PRRC, the requirement for broad industry experience, and the likelihood of some members needing to recuse themselves during the consideration of some reviews as a result of the members' close association to the firm or because they performed the review, shall be considered.(4) No more than one PRRC member may be from the same firm.(5) The PRRC members' terms shall be staggered to provide for continuity.(6) A PRRC member may not concurrently serve as:(A) a member of any state's board of accountancy; or(B) a member of any state's CPA society's ethics committee.(7) A PRRC member may not participate in any discussion or have any vote with respect to a reviewed firm when the committee member lacks independence as defined in §501.70 of this title (relating to Independence) or has a conflict of interest. Examples of conflicts of interest include, but are not limited to:(A) the member's firm has performed the most recent peer review of the reviewed firm's accounting and auditing practice;(B) the member served on the review team, which performed the current or the immediately preceding review of the enrolled firm; or(C) the member believes he cannot be impartial or objective.(8) Each PRRC member must comply with the confidentiality requirements of §901.161 of the Act (relating to Privilege for Certain Information). The sponsoring organization may annually require its PRRC members to sign a statement acknowledging their appointments and the responsibilities and obligations of their appointments.(9) A PRRC decision to accept a report must be made by not fewer than three members who satisfy the above criteria.", "sourceNote": "Source Note: The provisions of this §527.10 adopted to be effective October 16, 2002, 27 TexReg 9579; amended to be effective October 12, 2004, 29 TexReg 9540; amended to be effective August 12, 2009, 34 TexReg 5377; amended to be effective June 13, 2013, 38 TexReg 3610; amended to be effective August 4, 2016, 41 TexReg 5555." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179166", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.11", "label": "Responsibilities of Peer Review Report Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196777", "queryAsDate": "03/11/2026" }, "ruleBody": "The PRRC shall:(1) establish and administer the sponsoring organization's peer review program in accordance with the AICPA Standards;(2) prescribe actions designed to assure correction of the deficiencies in the reviewed firm's system of quality control policies and procedures;(3) monitor the prescribed remedial and corrective actions to determine compliance by the reviewed firm;(4) resolve instances in which there is a lack of cooperation and agreement between the committee and review teams or reviewed firms in accordance with the sponsoring organization's adjudication process;(5) act upon requests from firms for changes in the timetable of their reviews;(6) appoint members to subcommittees and task forces as necessary to carry out its functions;(7) establish and perform procedures providing reasonable assurance that reviews are performed and reported on in accordance with the AICPA Standards for Performing and Reporting on Peer Reviews;(8) establish a report acceptance process, which facilitates the exchange of viewpoints among committee members;(9) communicate to the governing body of the sponsoring organization on a recurring basis:(A) problems experienced by the enrolled firms in their systems of quality control as noted in the peer reviews conducted by the sponsoring organization;(B) problems experienced in the implementation of the peer review program; and(C) a summary of the historical results of the peer review program.", "sourceNote": "Source Note: The provisions of this §527.11 adopted to be effective October 16, 2002, 27 TexReg 9579; amended to be effective October 12, 2004, 29 TexReg 9540; amended to be effective April 15, 2009, 34 TexReg 2384; amended to be effective August 4, 2016, 41 TexReg 5556." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196777", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "22", "label": "TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY" }, "chapter": { "number": "527", "label": "PEER REVIEW" }, "rule": { "number": "§527.12", "label": "Engagement Reviews and System Reviews" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209220", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to balance the public's risk with the public's protection, the board is requiring peer review of firms providing financial reporting services. In implementing the peer review program, the board will consider the level of risk to the public of various attest services and require different levels of peer review based on those risks. Those firms that provide limited financial statement services can elect to perform non-attest preparation engagements under SSARS which do not require peer review.(b) A firm whose only level of financial reporting is preparation engagements under SSARS must request on its annual license renewal an exemption from peer review.(c) A firm that performs the following is subject to Engagement Peer Review.(1) Compilations with disclosures or omitting substantially all disclosures and/or reviews of financial statements performed in accordance with SSARS. If the firm performs both an attest service and a preparation engagement(s), then the preparation engagement(s) is also subject to review and could be selected for peer review.(2) Reviews and/or agreed-upon procedures engagements performed in accordance with SSAEs, or alternate wording engagements performed under the SSAEs, other than examinations.(d) A firm that performs the following is subject to a System Peer Review.(1) Engagements performed in accordance with SAS;(2) Engagements performed in accordance with Government Auditing Standards (GAS);(3) Examination engagements performed in accordance with SSAEs;(4) Audits of non-SEC issuers performed in accordance with PCAOB standards; or(5) Attestation of non-SEC issuers performed in accordance with PCAOB standards.", "sourceNote": "Source Note: The provisions of this §527.12 adopted to be effective October 10, 2019, 44 TexReg 5786." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209220", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "531", "label": "CANONS OF PROFESSIONAL ETHICS AND CONDUCT" }, "rule": { "number": "§531.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209221", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Commission--The Texas Real Estate Commission.(2) License Holder--A real estate broker or sales agent licensed under Chapter 1101, Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §531.1 adopted to be effective May 25, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209221", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "531", "label": "CANONS OF PROFESSIONAL ETHICS AND CONDUCT" }, "rule": { "number": "§531.2", "label": "Fidelity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209222", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder, while acting as an agent for another, is a fiduciary. Special obligations are imposed when such fiduciary relationships are created. They demand:(1) that the primary duty of the license holder is to represent the interests of the client, and the license holder's position, in this respect, should be clear to all parties concerned in a real estate transaction; that, however, the license holder, in performing duties to the client, shall treat other parties to a transaction fairly;(2) that the license holder be faithful and observant to trust placed in the license holder, and be scrupulous and meticulous in performing the license holder's functions; and(3) that the license holder place no personal interest above that of the client.", "sourceNote": "Source Note: The provisions of this §531.2 adopted to be effective May 25, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209222", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "531", "label": "CANONS OF PROFESSIONAL ETHICS AND CONDUCT" }, "rule": { "number": "§531.3", "label": "Integrity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209223", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder has a special obligation to exercise integrity in the discharge of the license holder's responsibilities, including employment of prudence and caution so as to avoid misrepresentation, in any way, by acts of commission or omission.", "sourceNote": "Source Note: The provisions of this §531.3 adopted to be effective May 25, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209223", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "531", "label": "CANONS OF PROFESSIONAL ETHICS AND CONDUCT" }, "rule": { "number": "§531.4", "label": "Competency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215638", "queryAsDate": "03/11/2026" }, "ruleBody": "It is the obligation of a license holder to be knowledgeable and competent as a real estate brokerage practitioner. The license holder must:(1) be informed on local market issues and conditions affecting real estate in the geographic area where a license holder provides services to a client;(2) be informed on national, state, and local issues and developments in the real estate industry;(3) exercise judgment and skill in the performance of brokerage activities; and(4) be educated in the characteristics involved in the specific type of real estate being brokered for others.", "sourceNote": "Source Note: The provisions of this §531.4 adopted to be effective May 25, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215638&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215638", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "531", "label": "CANONS OF PROFESSIONAL ETHICS AND CONDUCT" }, "rule": { "number": "§531.18", "label": "Consumer Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209224", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission adopts by reference the Consumer Protection Notice, TREC No. CN 1-5. This document is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov.(b) Each license holder shall provide the notice adopted under subsection (a) by:(1) displaying it in a readily noticeable location in each place of business the broker maintains; and(2) providing a link to it in a readily noticeable place on the homepage of each business website, labeled:(A) \"Texas Real Estate Commission Consumer Protection Notice\", in at least 10 point font; or(B) \"TREC Consumer Protection Notice\", in at least 12 point font.(c) For purposes of this section, business website means a website on the internet that:(1) is accessible to the public;(2) contains information about a license holder's real estate brokerage services; and(3) the content of the website is controlled by the license holder.(d) For purposes of providing the link required under subsection (b)(2) on a social media platform, the link may be located on:(1) the account holder profile; or(2) a separate page or website through a direct link from the social media platform or account holder profile.", "sourceNote": "Source Note: The provisions of this §531.18 adopted to be effective February 1, 1990, 14 TexReg 2613; amended to be effective November 1, 1991, 16 TexReg 5209; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective May 21, 2014, 39 TexReg 3855; amended to be effective February 1, 2016, 40 TexReg 8218; amended to be effective December 6, 2017, 42 TexReg 6798; amended to be effective February 1, 2021, 45 TexReg 8519; amended to be effective March 10, 2022, 47 TexReg 1092; amended to be effective May 25, 2022, 47 TexReg 3050; amended to be effective November 29, 2023, 48 TexReg 6911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209224", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "531", "label": "CANONS OF PROFESSIONAL ETHICS AND CONDUCT" }, "rule": { "number": "§531.19", "label": "Discriminatory Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226830", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No license holder shall inquire about, respond to or facilitate inquiries about, or make a disclosure of an owner, previous or current occupant, potential purchaser, lessor, or potential lessee of real property which indicates or is intended to indicate any preference, limitation, or discrimination based on the following:(1) race;(2) color;(3) religion;(4) sex;(5) national origin;(6) ancestry;(7) familial status; or(8) disability.(b) For the purpose of this section, disability includes AIDS, HIV-related illnesses, or HIV infection as defined by the Centers for Disease Control of the United States Public Health Service.", "sourceNote": "Source Note: The provisions of this §531.19 adopted to be effective February 19, 1990, 15 TexReg 656; amended to be effective May 21, 2014, 39 TexReg 3855; amended to be effective May 25, 2022, 47 TexReg 3049." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226830", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "531", "label": "CANONS OF PROFESSIONAL ETHICS AND CONDUCT" }, "rule": { "number": "§531.20", "label": "Information About Brokerage Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209029", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission adopts by reference the Information About Brokerage Services Notice, TREC No. IABS 1-2 (IABS Notice). The IABS Notice is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov. (b) Each license holder shall provide:(1) a link to a completed IABS Notice in a readily noticeable place on the homepage of each business website, labeled:(A) \"Texas Real Estate Commission Information About Brokerage Services\", in at least 10 point font; or(B) \"TREC Information About Brokerage Services\", in at least 12 point font; and(2) the completed IABS Notice at the first substantive communication as required under §1101.558, Texas Occupations Code.(c) For purposes of §1101.558, Texas Occupations Code, the completed IABS Notice can be provided:(1) by personal delivery by the license holder;(2) by first class mail or overnight common carrier delivery service;(3) in the body of an email; or(4) as an attachment to an email, or a link within the body of an email, with a specific reference to the IABS Notice in the body of the email.(d) The link to a completed IABS Notice may not be in a footnote or signature block in an email.(e) For purposes of this section, business website means a website on the internet that:(1) is accessible to the public;(2) contains information about a license holder's real estate brokerage services; and(3) the content of the website is controlled by the license holder.(f) For purposes of providing the link required under subsection (b)(1) on a social media platform, the link may be located on:(1) the account holder profile; or(2) a separate page or website through a direct link from the social media platform or account holder profile.(g) License holders may reproduce the IABS Notice published by the Commission, provided that the text of the IABS Notice is copied verbatim and the spacing, borders and placement of text on the page must appear to be identical to that in the published version of the IABS Notice, except that the Broker Contact Information section may be prefilled.", "sourceNote": "Source Note: The provisions of this §531.20 adopted to be\r\neffective February 1, 2016, 40 TexReg 8218; amended to be effective\r\nDecember 6, 2017, 42 TexReg 6798; amended to be effective May 25,\r\n2022, 47 TexReg 3049; amended to be effective April 1, 2025, 50 TexReg\r\n1682; amended to be effective January 1, 2026, 50 TexReg 7568." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209029", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "DEFINITIONS" }, "rule": { "number": "§533.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209030", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) ADR--Alternative dispute resolution.(2) ADR Procedures--Alternatives to judicial forums or administrative agency contested case proceedings for the voluntary settlement of contested matters through the facilitation of an impartial third-party.(3) APA--The Administrative Procedure Act (Texas Government Code, Chapter 2001).(4) Applicant--Any person seeking a license, certificate, registration, approval, or permit from the Commission.(5) Commission--The Texas Real Estate Commission.(6) Complainant--Any person who has filed a complaint with the Commission against any person whose activities are subject to the jurisdiction of the Commission.(7) Contested case or proceeding--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Commission and/or the Executive Director after an opportunity for adjudicative hearing.(8) Executive Director--The Executive Director of the Texas Real Estate Commission.(9) License--The whole or part of any registration, license, certificate, approval, permit, or similar form of permission required or permitted by law issued by the Commission.(10) Mailing Address--The mailing address as provided to the Commission by a license holder and maintained as required by the Commission's rules or as provided to the Commission by an applicant or as shown in the Commission's records for a respondent who is not a license holder. The mailing address for a respondent that holds an active sales agent license shall be the mailing address of the sales agent's sponsoring broker as shown in the Commission's records.(11) Party--A person admitted to participate in a case before the Commission or the Executive Director.(12) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision.(13) Pleading--A written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal arguments, or otherwise addresses matters involved in the case.(14) Respondent--Any person, licensed or unlicensed, who has been charged with violating a law that establishes a regulatory program administered by the Commission or a rule or order issued by the Commission.(15) Sanctions--Any administrative penalty, disciplinary or remedial action imposed by the Commission for violations of Texas Occupations Code, Chapter 1101, 1102, or 1105 or the Rules adopted by the Commission pursuant to those chapters.(16) SOAH--State Office of Administrative Hearings.(17) TAC--Texas Administrative Code.", "sourceNote": "Source Note: The provisions of this §533.1 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective May 31, 2011, 36 TexReg 3329; amended to be effective May 21, 2014, 39 TexReg 3856; amended to be effective November 24, 2015, 40 TexReg 8219; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209030&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209030", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.2", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209031", "queryAsDate": "03/11/2026" }, "ruleBody": "This subchapter provides for an efficient and uniform system of practice and procedure before the Commission. This subchapter governs the institution, conduct, and determination of adjudicative proceedings required or permitted by law, whether instituted by the Commission or by the filing of an application, claim, complaint, or any other pleading. This subchapter does not enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the Commission, the Executive Director, or the substantive rights of any person or agency.", "sourceNote": "Source Note: The provisions of this §533.2 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 21, 2014, 39 TexReg 3856; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209031", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.3", "label": "Filing and Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209032", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Commission denies an application for a license, the Commission shall send the applicant written notice of the denial. An applicant may accept the denial or make a written request for a hearing on that denial. If an applicant fails to request a hearing in writing not later than the 30th day after the date the notice denying an application is sent, the Commission's denial is final.(b) When an application is denied by the Commission, no subsequent application will be accepted from the applicant until two years after the date of the Commission's written notice of denial under subsection (a) of this section.(c) If after investigation of a possible violation and the facts surrounding that possible violation the Commission determines that a violation has occurred, the Commission may issue a written Notice of Alleged Violation to the respondent. The Commission shall provide notice in accordance with the APA.(d) Not later than the 30th day after the date on which the Notice of Alleged Violation is sent, the respondent may:(1) accept the determination of the Commission, including sanctions recommended by the Commission; or(2) make a written request for a hearing on that determination.(e) Upon receipt of a written request for hearing, the Commission shall submit a request to docket case to SOAH accompanied by copies of relevant documents giving rise to a contested case.(f) When the Commission submits a request to docket case with SOAH, SOAH acquires jurisdiction over a contested case until SOAH issues final amendments or corrections to the Proposal for Decision. In case of a conflict with the Commission's rules, SOAH's rules control while SOAH has jurisdiction.(g) Pleadings, other documents, and service to SOAH shall be filed in accordance with SOAH's rules.(h) If a sales agent is a respondent, the Commission will notify the sales agent's sponsoring broker of the hearing. If an apprentice inspector or real estate inspector is a respondent, the Commission will notify the sponsoring professional inspector of the hearing. Notice under this subsection need not be provided by certified or registered mail.(i) Any document served upon a party is prima facie evidence of receipt, if it is directed to the party's mailing address or email address. This presumption is rebuttable. Failure to claim properly addressed certified or registered mail will not support a finding of nondelivery.", "sourceNote": "Source Note: The provisions of this §533.3 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective May 31, 2011, 36 TexReg 3329; amended to be effective March 6, 2013, 38 TexReg 1363; amended to be effective September 8, 2014, 39 TexReg 7139; amended to be effective November 24, 2015, 40 TexReg 8219; amended to be effective December 6, 2017, 42 TexReg 6799; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209032", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.4", "label": "Failure to Answer, Failure to Attend Hearing and Default" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209033", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If, not later than the 30th day after the date a Notice of Alleged Violation is sent, the respondent fails to accept the Commission's determination and recommended sanctions, or fails to make a written request for a hearing on the determination, the Commission shall enter a default order against the respondent, incorporating the findings of fact and conclusions of law in the Notice of Alleged Violation, which shall be deemed admitted.(b) The Commission may delegate to the Executive Director the Commission's authority to act under Texas Occupations Code, §1101.704(b) and subsection (a) of this section.(c) SOAH rules relating to Default Proceedings and Dismissal Proceedings apply when a respondent or applicant fails to appear on the day and time set for administrative hearing. In that case, the Commission's staff may move either for dismissal of the case from SOAH's docket or for the issuance of a default Proposal for Decision by the administrative law judge. If the administrative law judge issues an order dismissing the case from the SOAH docket or issues a default Proposal for Decision, the factual allegations against the respondent or applicant filed at SOAH are admitted and the Commission shall enter a default order against the respondent or applicant as set out in the Notice of Hearing sent to the respondent or applicant. No additional proof is required to be submitted to the Commission before the Commission enters the final order.", "sourceNote": "Source Note: The provisions of this §533.4 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective November 29, 2012, 37 TexReg 9363; amended to be effective September 8, 2014, 39 TexReg 7139; amended to be effective May 28, 2018, 43 TexReg 3359; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209033", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.5", "label": "Transcript Cost; Interpreters and Translators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167293", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Cost of a transcript of a SOAH proceeding ordered by a party is paid by that party. Cost of a transcript of a SOAH proceeding ordered by the administrative law judge is split equally between the parties.(b) A party or witness who needs an interpreter or translator is responsible for making the request under SOAH rules.", "sourceNote": "Source Note: The provisions of this §533.5 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 21, 2014, 39 TexReg 3856; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167293", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.6", "label": "Filing of Exceptions and Replies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209034", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any party of record who is adversely affected by the Proposal for Decision of the administrative law judge may file exceptions to the Proposal for Decision in accordance with SOAH's rules.(b) Exceptions and replies are filed with SOAH with a copy served on the opposing party. The Proposal for Decision may be amended by the administrative law judge pursuant to the exceptions and replies submitted by the parties.", "sourceNote": "Source Note: The provisions of this §533.6 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 21, 2014, 39 TexReg 3856." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209034", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.7", "label": "Final Decisions and Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220490", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After a Proposal for Decision has been issued by an administrative law judge, the Commission will render the final decision in a contested case or remand the proceeding for further consideration by the administrative law judge. The Commission is responsible for imposing disciplinary action and/or assessing administrative penalties against respondents who are found to have violated any of the Commission's statutes or rules. The Commission welcomes recommendations of administrative law judges as to the sanctions to be imposed, but the Commission is not required to give presumptively binding effect to the administrative law judges' recommendations and is not bound by such recommendations.(b) If the Commission remands the case to the administrative law judge, the Commission may direct that further consideration be accomplished with or without reopening the hearing and may limit the issues to be considered. If, on remand, additional evidence is admitted that results in a substantial revision of the Proposal for Decision, or the underlying facts, the administrative law judge shall prepare an amended or supplemental Proposal for Decision and this subchapter applies. Exceptions and replies are limited to items contained in the supplemental Proposal for Decision.(c) The Proposal for Decision may be acted on by the Commission after the administrative law judge has ruled on any exceptions or replies to exceptions or on the day following the day exceptions or replies to exceptions were due if no such exceptions or replies were filed.(d) Any party may request oral argument before the Commission before the final disposition of the contested case. An oral argument is conducted in accordance with paragraphs (1) - (5) of this subsection.(1) The chairperson or the Commission member designated by the chairperson to preside (the presiding member) shall announce the case. Upon the request of any party, the presiding member may conduct a prehearing conference with the parties and their attorneys of record. The presiding member may announce reasonable time limits for any oral arguments presented by the parties.(2) The hearing on the Proposal for Decision is limited to the record. New evidence may not be presented on the substance of the case unless the party submitting the evidence establishes that the new evidence was not reasonably available at the time of the original hearing or the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the original hearing.(3) In presenting an oral argument, the party bearing the burden of proof opens and closes. The party responding may offer a rebuttal argument. A party may request an opportunity for additional rebuttal subject to the discretion of the presiding member.(4) After being recognized by the presiding member, the members of the Commission may ask questions of the parties. If a party is represented by counsel, the Commission must direct the questions to the party's attorney. Questions must be limited to the record and to the arguments made by the parties.(5) Upon the conclusion of oral arguments, questions by the members of the Commission, and any discussion by the members of the Commission, the presiding member shall call for a motion regarding disposition of the contested case. The presiding member may vote on the motion. A motion is granted only if a majority of the members present and voting vote in favor of the motion. In the event of a tie vote, the presiding member shall announce that the motion is overruled.(e) It is the policy of the Commission to change a finding of fact or conclusion of law in a Proposal for Decision of an administrative law judge when the Commission determines:(1) that the administrative law judge did not properly apply or interpret applicable law, agency rules, written policies provided by staff, or prior administrative decisions;(2) that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or(3) that a technical error in a finding of fact should be changed.(f) If the Commission modifies, amends, or changes a finding of fact or conclusion of law in a Proposal for Decision, the order shall reflect the Commission's changes and state the specific reason and legal basis for the changes. If the Commission does not follow the recommended sanctions in a Proposal for Decision, the order shall explain why the Commission chose not to follow the recommendation.(g) Final orders on contested cases shall be in writing and signed by the presiding officer of the Commission. Final orders shall include findings of fact and conclusions of law separately stated from disciplinary actions imposed and administrative penalties assessed. Parties will be notified and given a copy of the decision as provided by the APA. A decision is final as provided by the APA.(h) If the Commission or the Executive Director finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a final decision or order, that finding shall be recited in the decision or order as well as the fact that the decision or order is final and effective on the date signed. The decision or order is then final and appealable on the date signed and a motion for rehearing is not required as a prerequisite for appeal.(i) Conflict of Interest. A Commission member shall recuse themselves from all deliberations and votes regarding any matter:(1) the member reviewed during an informal proceeding pursuant to §533.25 of this chapter;(2) involving persons or transactions about which the member has a conflict of interest; or(3) involving persons or transactions related to the member such that it creates the appearance of a conflict of interest.", "sourceNote": "Source Note: The provisions of this §533.7 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective November 29, 2012, 37 TexReg 9363; amended to be effective May 21, 2014, 39 TexReg 3856; amended to be effective November 24, 2015, 40 TexReg 8219; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220490", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.8", "label": "Motions for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168987", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The timely filing of a motion for rehearing is a prerequisite to appeal. The motion must be filed with the Commission by:(1) delivering the motion in-person to the Commission's headquarters;(2) sending the motion via email to administration@trec.texas.gov; or(3) sending the motion via fax to (512) 936-3788, ATTN: TREC General Counsel.(b) Motions for rehearing are controlled by the APA, §§2001.145 - 2001.147 and this section.(c) A motion for rehearing shall set forth the particular finding of fact, conclusion of law, ruling, or other action which the complaining party asserts caused substantial injustice to the party and was in error, such as violation of a constitutional or statutory provision, lack of authority, unlawful procedure, lack of substantial evidence, abuse of discretion, other error of law, or other good cause specifically described in the motion. In the absence of specific grounds in the motion, the Commission will take no action and the motion will be overruled by operation of law.(d) The Commission delegates authority to hear and rule on motions for rehearing to the Commission's Enforcement Committee, consisting of three Commission members appointed by the Commission chair. A motion for rehearing may be ruled upon pursuant to §2001.146(d), Texas Government Code.(e) Any party may request oral arguments before the Enforcement Committee prior to the final disposition of the motion for rehearing. If the Enforcement Committee grants a request for oral argument, oral arguments will be conducted in accordance with paragraphs (1) - (5) of this subsection.(1) The chair of the Enforcement Committee or the member designated by the chair to preside (the presiding member) shall announce the case. Upon the request of any party, the presiding member may conduct a prehearing conference with the parties and their attorneys of record. The presiding member may announce reasonable time limits for any oral arguments to be presented by the parties.(2) The hearing on the motion shall be limited to a consideration of the grounds set forth in the motion. Testimony by affidavit or documentary evidence, such as excerpts of the record before the presiding officer, may be offered in support of, or in opposition to, the motion; provided, however, a party offering affidavit testimony or documentary evidence must provide the other party with copies of the affidavits or documents at the time the motion is filed. New evidence may not be presented on the substance of the case unless the party submitting the evidence can establish that the new evidence was not reasonably available at the time of the original hearing, or the party offering the evidence was misled by a party regarding the necessity for offering the evidence at the original hearing.(3) In presenting oral arguments, the party filing the motion will have the burden of proof and persuasion and shall open and close. The party responding to the motion may offer rebuttal arguments. Parties may request an opportunity for additional rebuttal, subject to the discretion of the presiding member.(4) After being recognized by the presiding member, the members of the Enforcement Committee may ask questions of the parties. If a party is represented by counsel, the questions must be directed to the party's attorney. Questions must be limited to the grounds asserted for the motion to be granted and to the arguments made by the parties.(5) Upon the conclusion of oral arguments, questions by the members of the Enforcement Committee, and any discussion by the members of the Enforcement Committee, the presiding member shall call for a vote on the motion. A member of the Enforcement Committee need not make a separate motion or second a motion filed by a party. The presiding member may vote on the motion. A motion may be granted only if a majority of the Enforcement Committee members are present and vote in favor of the motion. In the event of a tie vote, the presiding member shall announce that the motion is overruled.(f) A petition for judicial review must be filed in a District Court of Travis County Texas as provided by the APA. A party filing a petition for judicial review must also comply with the requirements of Texas Occupations Code, §1101.707.(g) A party who appeals a final decision in a contested case must pay all costs for the preparation of the original or a certified copy of the record of the agency proceeding that is required to be transmitted to the reviewing court.(h) If, after judicial review, the administrative penalty is reduced or not assessed, the Executive Director shall remit to the person charged the appropriate amount, plus accrued interest if the administrative penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted. The accrued interest on amounts remitted by the Executive Director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and shall be paid for the period beginning on the date that the assessed administrative penalty is paid to the Commission and ending on the date the administrative penalty is remitted.", "sourceNote": "Source Note: The provisions of this §533.8 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective September 1, 2010, 35 TexReg 7797; amended to be effective November 29, 2012, 37 TexReg 9363; amended to be effective May 21, 2014, 39 TexReg 3856; amended to be effective November 24, 2015, 40 TexReg 8219; amended to be effective August 28, 2017, 42 TexReg 4305; amended to be effective May 28, 2019, 44 TexReg 2612; amended to be effective May 25, 2022, 47 TexReg 3050; amended to be effective September 11, 2024, 49 TexReg 7039." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168987", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.9", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174611", "queryAsDate": "03/11/2026" }, "ruleBody": "In computing any period of time prescribed or allowed by this Chapter, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.", "sourceNote": "Source Note: The provisions of this §533.9 adopted to be effective September 8, 2014, 39 TexReg 7139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174611", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.10", "label": "Hearing: Subpoenas and Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227701", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In addition to APA §2001.089, process may be served by an employee of the Commission if that person is designated by the Commission.(b) A witness or deponent who is not a party and who is subpoenaed or otherwise compelled to attend any hearing or proceeding to give a deposition or to produce books, records, papers, or other objects that may be necessary and proper for the purposes of the proceeding is entitled to receive mileage of $.20 a mile for going to and returning from the place of the hearing or where the deposition is taken, if the place is more than 25 miles from the person's place of residence and a fee of $20 a day for each day or part of a day the person is necessarily present as a witness or deponent.(c) Pursuant to APA §2001.089, a party who requests the issuance of a subpoena for a witness or deponent under subsection (b) of this section, must deposit an amount with the Commission that will reasonably ensure payment of the amounts estimated to accrue under subsection (b) of this section and APA §2001.103.(d) Pursuant to APA §2001.177, a party seeking judicial review of a final decision of the Commission in a contested case shall pay all costs of preparing the original or certified copy of a record of the contested case proceedings.", "sourceNote": "Source Note: The provisions of this §533.10 adopted to be effective November 24, 2015, 40 TexReg 8219." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227701", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE" }, "rule": { "number": "§533.11", "label": "Temporary Suspensions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167297", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Disciplinary Panel. (1) The three Commission members of the Enforcement Committee appointed by the chair of the Commission shall serve as the disciplinary panel (the \"Panel\") under §1101.662 and §1102.408, Texas Occupations Code. (2) The chair of the Commission may appoint a Commission member to act as an alternate member of the Panel in the event a member of the Panel is recused or unable to attend a temporary suspension proceeding.(b) Motion for Temporary Suspension.(1) Commission staff may request the Panel temporarily suspend a license in accordance with paragraph (2) of this subsection if:(A) the Commission has opened a complaint against a license holder; and(B) credible evidence shows:(i) a license holder may continue to engage in conduct that may violate Chapters 1101 or 1102, Texas Occupations Code, (\"Chapters 1101 or 1102\") or Commission rules; and(ii) the license holder's conduct involves recent or current activity requiring a license under Chapters 1101 or 1102. (2) Commission staff must request a temporary suspension proceeding in writing by filing a motion for temporary suspension with the Commission's general counsel.(c) Temporary Suspension Proceeding. (1) The Panel shall post notice of the temporary suspension proceeding pursuant to §551.045 of the Texas Government Code and §1101.662(d) or §1102.408(d), Texas Occupations Code, and hold the temporary suspension proceeding as soon as possible. (2) The Panel may make a determination regarding a temporary suspension without notice to the license holder or hearing pursuant to §1101.662(c) or §1102.408(c), Texas Occupations Code, or may, if appropriate in the judgment of the chair of the Panel, provide the license holder with three days' notice of a temporary suspension hearing.(3) The requirement under §1101.662(c)(1) or §1102.408(c)(1), Texas Occupations Code, that \"institution of proceedings for a contested case hearing is initiated simultaneously with the temporary suspension\" is satisfied if, on the same day the motion for temporary suspension is filed under subsection (b)(2) of this section, the licensed holder that is the subject of the temporary suspension motion, and SOAH, as applicable, is sent a Notice of Alleged Violation that alleges facts precipitating the need for a temporary suspension.(4) The Panel may receive information, including testimony, in oral or written form.(5) Documentary evidence must be submitted to the Commission's general counsel in electronic format at least 24 hours in advance of the time posted for the temporary suspension proceeding in all cases where the Panel will be meeting via teleconference.(6) If a hearing is held following notice to a license holder, oral arguments will be conducted in accordance with the following: (A) Commission staff will have the burden of proof and shall open and close. (B) The party responding to the motion for temporary suspension may offer rebuttal arguments. (C) Parties may request an opportunity for additional rebuttal subject to the discretion of the chair of the Panel. (D) The chair of the Panel may set reasonable time limits for any oral arguments and evidence to be presented by the parties. (E) The Panel may question witnesses and attorneys at the members' discretion. (F) Information, including testimony, that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered(7) A temporary suspension proceeding is ancillary to a disciplinary proceeding regarding alleged violations of Chapters 1101 or 1102, Texas Occupations Code, or Commission rules and is not dispositive concerning any such violations.(d) Determination by Panel.(1) The determination of the Panel may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on evidence that is:(A) necessary to ascertain facts not reasonably susceptible of proof under those rules;(B) not precluded by statute; and(C) of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs. (2) The Panel shall temporarily suspend a license if the Panel determines from information presented to the Panel that the license holder's continued practice would constitute a continuing threat to the public welfare in accordance with §1101.662 and §1102.408, Texas Occupations Code, and this section.(e) Temporary Suspension Order.(1) If the Panel suspends a license, it shall do so by order and the suspension shall remain in effect for the period of time stated in the order, not to exceed the date a final order issued by the Commission in the underlying contested case proceeding becomes effective. (2) The Panel order must recite the factual and legal basis for imminent peril warranting temporary suspension.(f) Motion for Rehearing on the Temporary Suspension.(1) If credible and verifiable information that was not presented to the Panel at a temporary suspension proceeding, which contradicts information that influenced the decision of the Panel to order a temporary suspension, is subsequently presented to the Panel with a motion for rehearing on the suspension, the chair of the Panel will schedule a rehearing on the matter. (2) The chair of the Panel will determine, in the chair's sole discretion, whether the new information meets the standard set out in this subsection. (3) A rehearing on a temporary suspension will be limited to presentation and rebuttal of the new information. (4) The chair of the Panel may set reasonable time limits for any oral arguments and evidence to be presented by the parties. (5) Panel members may question witnesses and attorneys. (6) Evidence that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered. (7) Any temporary suspension previously ordered will remain in effect, unless the Panel holds a rehearing on the matter and issues a new order rescinding the temporary suspension.", "sourceNote": "Source Note: The provisions of this §533.11 adopted\r\nto be effective March 4, 2026, 51 TexReg 1290." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167297", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§533.20", "label": "ADR Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209036", "queryAsDate": "03/11/2026" }, "ruleBody": "It is the Commission's policy to encourage the fair and expeditious resolution of all contested matters through voluntary settlement procedures. The Commission is committed to working with all parties to achieve early settlement of contested matters and encourages resolution of disputes at any time.", "sourceNote": "Source Note: The provisions of this §533.20 adopted to be effective May 21, 2014, 39 TexReg 3856." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209036", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§533.21", "label": "Negotiated Settlement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209037", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Commission staff and the respondent or applicant may enter into a settlement agreement following negotiations at any time.(b) Negotiations may be conducted in person or by electronic, telephonic, or written communication.", "sourceNote": "Source Note: The provisions of this §533.21 adopted to be effective May 21, 2014, 39 TexReg 3856; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209037", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§533.25", "label": "Informal Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209038", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Informal disposition of any contested case involving a respondent may be made through an informal conference pursuant to Texas Occupations Code, §1101.660.(b) A respondent may request an informal conference; however, the decision to hold a conference shall be made by the Director of Enforcement.(c) An informal conference shall be voluntary and shall not be a prerequisite to a formal hearing.(d) An informal conference may be conducted in person or by electronic, telephonic, or written communication.(e) The Director of Enforcement or the director's designee shall decide upon the time, date, and place of the informal conference and provide written notice to the respondent. Notice shall be provided by certified mail no less than ten days prior to the date of the conference to the last known mailing address of the respondent. The ten days shall begin on the date of mailing. The respondent may waive the ten-day notice requirement.(f) A copy of the Commission's rules concerning informal conferences shall be enclosed with the notice of the informal conference. The notice shall inform the respondent of the following:(1) that the respondent may be represented by legal counsel;(2) that the respondent may offer documentary evidence as may be appropriate;(3) that at least one public member of the Commission shall be present;(4) that two staff members, including the staff attorney assigned to the case, with experience in the regulatory area that is the subject of the proceedings, shall be present;(5) that the respondent's attendance and participation is voluntary; and(6) that the complainant involved in the alleged violations may be present.(g) The notice of the informal conference shall be sent to the complainant at their last known mailing address. The complainant shall be informed that they may appear in person or may submit a written statement for consideration at the informal conference.(h) The conference shall be informal and need not follow the procedures established in this chapter for contested cases and formal hearings.(i) The respondent, the respondent's attorney, the Commission member, and the staff members may question the respondent or complainant, make relevant statements, present statements of persons not in attendance, and present such other evidence as may be appropriate.(j) The staff attorney assigned to the case shall attend each informal conference. The Commission member or other staff member may call upon the attorney at any time for assistance in the informal conference.(k) No formal record of the proceedings of the informal conference shall be made or maintained.(l) The complainant may be excluded from the informal conference except during the complainant's oral presentation. The respondent, the respondent's attorney, and Commission staff may remain for all portions of the informal conference, except for consultation between the Commission member and Commission staff.(m) The complainant shall not be considered a party in the informal conference but shall be given the opportunity to be heard if the complainant attends. Any written statement submitted by the complainant shall be reviewed at the conference.(n) At the conclusion of the informal conference, the Commission member or staff members may propose an informal settlement of the contested case. The proposed settlement may include administrative penalties or any disciplinary action authorized by the Act. The Commission member or staff members may also recommend that no further action be taken.(o) The respondent may either accept or reject the proposed settlement recommendations at the conference. If the proposed settlement recommendations are accepted, a proposed agreed order shall be prepared by the staff attorney and forwarded to the respondent. The order shall contain agreed findings of fact and conclusions of law. The respondent shall execute the proposed agreed order and return the executed order to the Commission not later than the 10th day after their receipt of the proposed agreed order. If the respondent fails to sign and return the executed proposed agreed order within the stated time period, the inaction shall constitute rejection of the proposed settlement recommendation.(p) If the respondent rejects the proposed settlement recommendation, the matter shall be referred to the Director of Enforcement for appropriate action.(q) If the respondent signs and accepts the proposed agreed order, it shall be signed by the staff attorney and submitted to the Executive Director for approval.(r) If the Executive Director does not approve a proposed agreed order, the respondent shall be so informed and the matter shall be referred to the Director of Enforcement for other appropriate action.(s) A license holder's opportunity for an informal conference under this subchapter shall satisfy the requirements of the APA, §2001.054(c).(t) The Commission may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal conference instead of or in addition to imposing an administrative penalty pursuant to Texas Occupations Code, §1101.659. The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by the Act and this title. The Commission may not require payment of other damages or estimate harm in a refund order.", "sourceNote": "Source Note: The provisions of this §533.25 adopted to be effective May 21, 2014, 39 TexReg 3856; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209038", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§533.30", "label": "Staff Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209039", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Commission staff, who have received a minimum of 40 hours of formal mediation training, may mediate a resolution of a complaint between the Commission, a respondent, and a complainant upon agreement of all parties.(b) After receipt of a complaint that meets the requirements to be investigated under Texas Occupations Code, §1101.204(b), Commission staff may refer a complaint for mediation to a Commission staff mediator.(c) Mediation under this section is voluntary.(d) If an agreed resolution between the Commission, a respondent, and a complainant cannot be reached, the Commission staff mediator will not have any further involvement with the continued investigation or resolution of the complaint.", "sourceNote": "Source Note: The provisions of this §533.30 adopted to be effective May 21, 2014, 39 TexReg 3856; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209039", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§533.32", "label": "Appointment of Mediator" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209040", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each matter referred for ADR procedures, the ADR administrator shall mediate or assign another Commission mediator, unless the parties agree upon the use of another agency's mediator or private mediator. The ADR administrator may assign a substitute or additional mediator to a proceeding as the ADR administrator deems necessary.(b) A private mediator may be hired for Commission ADR procedures provided that:(1) the parties unanimously agree to use a private mediator;(2) the parties unanimously agree to the selection of the person to serve as the mediator; and(3) the mediator agrees to be subject to the direction of the Commission's ADR administrator and to all time limits imposed by the administrator, statute, or regulation.(c) If a private mediator is used, the costs for the services of the mediator shall be apportioned equally among the parties, unless otherwise agreed upon by the parties, and shall be paid directly to the mediator.(d) All mediators in Commission mediation proceedings shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas.", "sourceNote": "Source Note: The provisions of this §533.32 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209040", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§533.33", "label": "Outside Mediation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167301", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the discretion of the Director of Enforcement and with the consent of all parties, mediation with an outside mediator may be scheduled between the Commission and a respondent or applicant when the Commission anticipates initiation of an adverse action against a respondent or applicant or any time after initiation.(b) SOAH mediators, employees of other agencies who are mediators, and private pro bono mediators may be assigned to contested matters as needed. Each such mediator shall:(1) have received at least 40 hours of Texas mediation training; and(2) have some expertise in the area of the contested matter.(c) If the mediator is a SOAH judge, that person will not sit as the administrative law judge for the case if the contested matter goes to a SOAH hearing.(d) Upon unanimous motion of the parties and at the discretion of the administrative law judge, this section applies to a case referred to SOAH.(e) Respondents or applicants participating in a mediation will pay one-half of any fees incurred for the mediation directly to the Commission before mediation begins.", "sourceNote": "Source Note: The provisions of this §533.33 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 21, 2014, 39 TexReg 3856; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167301", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§533.35", "label": "Stipulations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209041", "queryAsDate": "03/11/2026" }, "ruleBody": "When the ADR procedures do not result in the full settlement of a matter, the parties in conjunction with the mediator, if applicable, may limit the contested issues through the entry of written stipulations. Such stipulations shall be forwarded or formally presented to the administrative law judge assigned to conduct the contested case hearing on the merits and shall be made part of the hearing record.", "sourceNote": "Source Note: The provisions of this §533.35 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 21, 2014, 39 TexReg 3856." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209041", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§533.36", "label": "Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166250", "queryAsDate": "03/11/2026" }, "ruleBody": "All agreements between or among parties that are reached as a result of ADR must be committed to writing, signed by respondents or applicants and a Commission staff attorney, and submitted to the Commission or Executive Director for approval. Once signed by the Commission or Executive Director, the agreement will have the same force and effect as a written contract.", "sourceNote": "Source Note: The provisions of this §533.36 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 21, 2014, 39 TexReg 3856; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166250", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ALTERNATIVE DISPUTE RESOLUTION" }, "rule": { "number": "§533.37", "label": "Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in subsections (c) and (d) of this section, a communication relating to the subject matter made by a participant in an ADR procedure, whether before or after the institution of formal ADR proceedings, is confidential, is not subject to disclosure, and may not be used as evidence in any further proceeding.(b) Any notes or record made of an ADR procedure are confidential, and participants, including the mediator, may not be required to testify in any proceedings relating to or arising out of the matter in dispute or be subject to process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.(c) An oral communication or written material used in or made a part of an ADR procedure is admissible or discoverable only if it is admissible or discoverable independent of the procedure.(d) If this section conflicts with other legal requirements for disclosure of communications or materials, the issue of confidentiality may be presented to the judge to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order or whether the communications or materials are subject to disclosure.(e) All communications in the mediation between parties and between each party and the mediator are confidential. No shared information will be given to the other party unless the party sharing the information explicitly gives the mediator permission to do so. Material provided to the mediator will not be provided to other parties and will not be filed or become part of the contested case record. All notes taken during the mediation conference will be destroyed at the end of the process.", "sourceNote": "Source Note: The provisions of this §533.37 adopted to be effective December 30, 2007, 32 TexReg 9987." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209042", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "NEGOTIATED RULEMAKING" }, "rule": { "number": "§533.40", "label": "Negotiated Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205049", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the Commission's policy to employ negotiated rulemaking procedures when appropriate. When the Commission is of the opinion that proposed rules are likely to be complex, or controversial, or to affect disparate groups, negotiated rulemaking will be considered.(b) When negotiated rulemaking is to be considered, the Commission will appoint a convener to assist it in determining whether it is advisable to proceed. The convener shall have the duties described by Texas Government Code, §2008.052, and shall make a recommendation to the Executive Director to proceed or to defer negotiated rulemaking. The recommendation shall be made after the convener, at a minimum, has considered all of the items enumerated in Texas Government Code, §2008.052(c).(c) Upon the convener's recommendation to proceed, the Commission shall initiate negotiated rulemaking according to the provisions of Texas Government Code, Chapter 2008.", "sourceNote": "Source Note: The provisions of this §533.40 adopted to be effective December 30, 2007, 32 TexReg 9987; amended to be effective May 21, 2014, 39 TexReg 3856; amended to be effective May 25, 2022, 47 TexReg 3050." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205049", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "533", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "PETITION FOR ADOPTION OF RULES" }, "rule": { "number": "§533.50", "label": "Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209043", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any interested person, as defined by §2001.021, Government Code, may request a rule be adopted, amended, or repealed by submitting a written petition to the Commission.(b) The written petition must include:(1) the person's full name, mailing address, telephone number, and email address;(2) a brief summary of the proposed action and its desired effect;(3) a justification for the proposed action set out in narrative form with sufficient particularity to inform the Commission the reasons and arguments on which the person is relying;(4) if proposing a new rule, the text of the new rule in the exact form that is desired to be adopted; and(5) if proposing an amendment or repeal, the specific section and text of the rule the person wants to change, with deletions crossed through and additions underlined.(c) The written petition must be submitted to the Commission by:(1) delivering the petition in person to the Commission's headquarters;(2) sending the petition via email to general.counsel@trec.texas.gov;(3) sending the petition via fax to (512) 936-3788, ATTN: General Counsel; or(4) sending the petition via mail to P.O. Box 12188, Austin, Texas, 78711, ATTN: General Counsel.(d) Not later than 60 days after the date of submission of a petition that complies with the requirements of this section, the Chair of the Commission, in consultation with Commission staff, shall review the petition and either:(1) deny the petition in writing, stating the reasons for the denial; or(2) initiate a rulemaking proceeding under Chapter 2001, Government Code, by directing that the petition be placed on the next agenda for discussion by:(A) the Commission; or(B) the appropriate advisory committee with subject matter jurisdiction.", "sourceNote": "Source Note: The provisions of this §533.50 adopted to be effective May 26, 2021, 46 TexReg 3252." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209043", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "534", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§534.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209044", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Agency--The Texas Real Estate Commission and the Texas Appraiser Licensing and Certification Board.(2) Board--The Texas Appraiser Licensing and Certification Board.(3) Chief Financial Officer--The Chief Financial Officer of the Texas Real Estate Commission.(4) Commission--The Texas Real Estate Commission.(5) Comptroller--The Comptroller of Public Accounts.(6) DIR--The Department of Information Resources.(7) Executive Director--The Executive Director of the Texas Real Estate Commission.(8) TAC--The Texas Administrative Code.(9) TFC--The Texas Facilities Commission.", "sourceNote": "Source Note: The provisions of this §534.1 adopted to be effective May 25, 2022, 47 TexReg 3053." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209044", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "534", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§534.2", "label": "Charges for Copies of Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209045", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any charges associated with copies of public information provided by the Commission shall be based upon the current charges established by the Office of the Attorney General.(b) If the actual costs of providing copies exceed the charges established by the Office of the Attorney General, the Commission shall charge its actual costs, if approved by the Office of the Attorney General.(c) The Commission may furnish copies of public information without charge, or at a reduced charge, if the Commission determines that waiver or reduction of the charge is in the public interest. The Commission also may waive the charge if the cost of processing the collection of a charge exceeds the amount of the charge.", "sourceNote": "Source Note: The provisions of this §534.2 adopted to be effective May 25, 2022, 47 TexReg 3053." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209045", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "534", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§534.3", "label": "Employee Training and Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220491", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may provide training and education for its employees in accordance with Subchapter C, Chapter 656, Texas Government Code.(b) The Commission may spend public funds as appropriate to pay the costs associated with employee training, including, but not limited to, salary, tuition and other fees, travel, and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student, or other participant in a training or education program.(c) The Executive Director shall adopt policies related to training for Commission employees, including eligibility and obligations assumed upon completion.(d) Before an employee may receive reimbursement of tuition expenses for successful completion of a training or education program offered by an accredited institution of higher education, the Executive Director must pre-approve the program and authorize the tuition reimbursement payment.(e) Approval to participate in any portion of the Commission's training and education program does not affect an employee's at-will status.(f) Participation in the training and education program does not constitute a guarantee or indication of continued employment, nor does it constitute a guarantee or indication of future employment in a current or prospective position.", "sourceNote": "Source Note: The provisions of this §534.3 adopted to be effective May 17, 2005, 30 TexReg 2854; amended to be effective May 21, 2014, 39 TexReg 3858; amended to be effective December 6, 2017, 42 TexReg 6800; amended to be effective May 25, 2022, 47 TexReg 3053." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220491", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "534", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§534.4", "label": "Historically Underutilized Businesses Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209047", "queryAsDate": "03/11/2026" }, "ruleBody": "To comply with Texas Government Code §2161.003, the Commission adopts by reference the rules of the Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter D, Division 1 (relating to the Historically Underutilized Business Program).", "sourceNote": "Source Note: The provisions of this §534.4 adopted to be effective May 17, 2005, 30 TexReg 2854; amended to be effective June 13, 2010, 35 TexReg 5036; amended to be effective May 21, 2014, 39 TexReg 3858; amended to be effective May 25, 2022, 47 TexReg 3053; amended to be effective September 11, 2024, 49 TexReg 7039." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209047", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "534", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§534.5", "label": "Bid Opening and Tabulation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167309", "queryAsDate": "03/11/2026" }, "ruleBody": "To comply with Texas Government Code, §2156.005(d), the Commission adopts by reference the rules of the Texas Comptroller of Public Accounts in 34 TAC §20.207 (relating to Competitive Sealed Bidding).", "sourceNote": "Source Note: The provisions of this §534.5 adopted to be effective May 17, 2005, 30 TexReg 2855; amended to be effective June 13, 2010, 35 TexReg 5036; amended to be effective May 21, 2014, 39 TexReg 3858; amended to be effective May 25, 2022, 47 TexReg 3053." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167309", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "534", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§534.6", "label": "Negotiation and Mediation of Certain Contract Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220492", "queryAsDate": "03/11/2026" }, "ruleBody": "To comply with Texas Government Code, §2260.052(c), the Commission adopts by reference the rules of the Office of the Attorney General in 1 TAC Part 3, Chapter 68 (relating to Negotiation and Mediation of Certain Contract Disputes). The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.", "sourceNote": "Source Note: The provisions of this §534.6 adopted to be effective May 17, 2005, 30 TexReg 2855; amended to be effective May 21, 2014, 39 TexReg 3858." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220492", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "534", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§534.7", "label": "Vendor Protest Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224352", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this section is to provide a procedure for vendors to protest purchases made by the Commission and the Board. Protests of purchases made by the TFC on behalf of the Agency are addressed in 1 TAC Chapter 111, Subchapter C (relating to Complaints and Dispute Resolution). Protests of purchases made by DIR on behalf of the Agency are addressed in 1 TAC §201.1 (relating to Procedures for Vendor Protests and the Negotiation and Mediation of Certain Contract Disputes and Bid Submission, Opening and Tabulation Procedures). Protests of purchases made by the Statewide Procurement Division of the Comptroller on behalf of the Agency are addressed in 34 TAC Chapter 20, Subchapter F, Division 3 (relating to Protests and Appeals). The rules of TFC, DIR, and the Comptroller are in the Texas Administrative Code, which is on the Internet website of the Office of the Secretary of State, Texas Register Division at: www.sos.state.tx.us/tac/index.shtml.(b) Any actual or prospective bidder, offeror, or contractor who believes they are aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Agency. Such protests must be in writing and received in the office of the Chief Financial Officer within ten working days after such aggrieved person knows, or should have known, of the occurrence of the action which is protested. Formal protests must conform to the requirements set forth in subsection (c) of this section. Copies of the protest must be mailed or delivered by the protesting party to all vendors who have submitted bids or proposals for the contract involved.(c) A formal protest must be sworn and contain:(1) a specific identification of the statutory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory provision(s) identified in paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) an identification of the issue or issues to be resolved;(5) argument and authorities in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to other identifiable interested parties.(d) The Chief Financial Officer shall have the authority, prior to appeal to the Executive Director or the Executive Director's designee, to settle and resolve the dispute concerning the solicitation or award of a contract. The Chief Financial Officer may solicit written responses to the protest from other interested parties.(e) If the protest is not resolved by mutual agreement, the Chief Financial Officer will issue a written determination on the protest.(1) If the Chief Financial Officer determines that no violation of rules or statutes has occurred, the Chief Financial Officer shall so inform the protesting party and interested parties by letter which sets forth the reasons for the determination.(2) If the Chief Financial Officer determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, the Chief Financial Officer shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and any appropriate remedial action.(3) If the Chief Financial Officer determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the Chief Financial Officer shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and any appropriate remedial action. Such remedial action may include, but is not limited to, declaring the purchase void, reversing the award, and re-advertising the purchase using revised specifications.(f) The Chief Financial Officer's determination on a protest may be appealed by an interested party to the Executive Director or the Executive Director's designee. An appeal of the Chief Financial Officer's determination must be in writing and must be received in the office of the Executive Director or the Executive Director's designee no later than ten working days after the date of the Chief Financial Officer's determination. The appeal shall be limited to review of the Chief Financial Officer's determination. Copies of the appeal must be mailed or delivered by the appealing party to other interested parties and must contain an affidavit that such copies have been provided.(g) The general counsel shall review the protest, the Chief Financial Officer's determination, and the appeal and prepare a written opinion with recommendation to the Executive Director or the Executive Director's designee. The Executive Director or the Executive Director's designee may, in their discretion, refer the matter to the Commission at a regularly scheduled open meeting or issue a final written determination.(h) When a protest has been appealed to the Executive Director or the Executive Director's designee under subsection (f) of this section and has been referred to the relevant Commission or Board by the Executive Director or the Executive Director's designee under subsection (g) of this section, the following requirements shall apply:(1) Copies of the appeal, responses of interested parties, if any, and the general counsel's recommendation shall be mailed to the Commission members and interested parties. Copies of the general counsel's recommendation and responses of interested parties shall be mailed to the appealing party.(2) All interested parties who wish to make an oral presentation at the Commission's open meeting are requested to notify the office of general counsel at least two working days in advance of the open meeting.(3) The Commission may consider oral presentations and written documents presented by staff, the appealing party, and interested parties. The chair of the Commission shall set the order and amount of time allowed for presentations.(4) The Commission's determination of the appeal shall be by duly adopted resolution reflected in the minutes of the open meeting and shall be final.(i) Unless good cause for delay is shown or the Executive Director or the Executive Director's designee determines that a protest or appeal raises issues significant to procurement practices or procedures, a protest or appeal that is not filed timely will not be considered.(j) In the event of a timely protest or appeal under this section, a protestor or appellant may request in writing that the Agency not proceed further with the solicitation or with the award of the contract. In support of the request, the protestor or appellant is required to show why a stay is necessary and that harm to the Agency will not result from the stay. If the Executive Director determines that it is in the interest of the Agency not to proceed with the contract, the Executive Director may make such a determination in writing and partially or fully suspend contract activity.(k) A decision issued either by the Commission in open meeting, or in writing by the Executive Director or the Executive Director's designee, shall constitute the final administrative action of the Agency.", "sourceNote": "Source Note: The provisions of this §534.7 adopted to be effective March 16, 2021, 46 TexReg 1642; amended to be effective May 25, 2022, 47 TexReg 3053; amended to be effective September 11, 2024, 49 TexReg 7039." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224352", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "534", "label": "GENERAL ADMINISTRATION" }, "rule": { "number": "§534.8", "label": "Employee Sick and Family Leave Pools" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226831", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Agency's Director of Human Resources is designated as the administrator for both the Agency's sick leave pool and family leave pool.(b) The Director of Human Resources, with the approval of the Executive Director, will prescribe and implement policies to effectuate the operation of the pools. (c) The policies and procedures must be consistent with the provisions of Chapter 661, Texas Government Code, and will be included in the Agency's employee handbook.", "sourceNote": "Source Note: The provisions of this §534.8 adopted to be\r\neffective March 5, 2025, 50 TexReg 1682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226831&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226831", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "DEFINITIONS" }, "rule": { "number": "§535.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225958", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms and phrases, when used in this chapter, have the following meanings unless the context clearly indicates otherwise. (1) Act--Chapter 1101, Texas Occupations Code.(2) Associated broker--A real estate broker who associates with and is paid through another broker under a relationship that is intended to be a continuous relationship, including as an employee or an ongoing independent contractor.(3) Business entity--A domestic or foreign corporation, limited liability company, partnership or other entity authorized under the Texas Business Organizations Code to engage in real estate brokerage business in Texas and required to be licensed under the Act.(4) Chapter 1102--Chapter 1102, Texas Occupations Code.(5) Commission--The Texas Real Estate Commission.(6) Compensation--A commission, fee, or other valuable consideration for real estate brokerage services provided by a license holder under the Act.(7) Executive Director--The Executive Director of the Texas Real Estate Commission.(8) Foreign broker--A real estate broker licensed in another country, territory, or state other than Texas.(9) License--Any Commission license, registration, certificate, approval, or similar form of permission required by law.(10) License holder--A person licensed or registered by the Commission under Chapter 1101 or 1102, Texas Occupations Code.(11) Place of business--A place where the license holder meets with clients and customers to transact business.(12) Trade Association--A nonprofit voluntary member association or organization:(A) whose membership consists primarily of persons who are licensed as real estate license holders and pay membership dues to the association or organization;(B) that is governed by a board of directors elected by the members; and(C) that subscribes to a written code of professional conduct or ethics.", "sourceNote": "Source Note: The provisions of this §535.1 adopted\r\nto be effective January 1, 2011, 35 TexReg 11673; amended to be effective\r\nMarch 6, 2013, 38 TexReg 1363; amended to be effective January 1,\r\n2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40\r\nTexReg 8220; amended to be effective June 11, 2023, 48 TexReg 2948;\r\namended to be effective January 1, 2026, 50 TexReg 7569." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225958", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.2", "label": "Broker Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213781", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A broker is required to notify a sponsored sales agent in writing of the scope of the sales agent's authorized activities under the Act. Unless such scope is limited or revoked in writing, a broker is responsible for the authorized acts of the broker's sales agents, but the broker is not required to supervise the sales agents directly. If a broker permits a sponsored sales agent to conduct activities beyond the scope explicitly authorized by the broker, those are acts for which the broker is responsible.(b) A broker owes the highest fiduciary obligation to the principal and is obliged to convey to the principal all information known to the agent which may affect the principal's decision unless prohibited by other law.(c) A broker is responsible for the proper handling of trust funds placed with the broker and must comply with §535.146 of this chapter (relating to Maintaining Trust Money).(d) A broker is responsible for any property management activity by the broker's sponsored sales agent that requires a real estate license.(e) A broker may delegate to another license holder the responsibility to assist in administering compliance with the Act and Rules, but the broker may not relinquish overall responsibility for the supervision of license holders sponsored by the broker. Any license holder who leads, supervises, directs, or manages a team must be delegated as a supervisor. Any such delegation must be in writing. A broker shall provide the name of each delegated supervisor to the Commission using a process acceptable to the Commission within 30 days of any such delegation that has lasted or is anticipated to last more than three consecutive months. The broker shall notify the Commission in the same manner within 30 days after the delegation of a supervisor has ended. In the event the delegated supervisor is a broker at the time of delegation or later becomes a broker, that broker may, in lieu of the sponsoring broker, notify the Commission in writing when the delegation ends.(f) Listings and other agreements for real estate brokerage services must be solicited and accepted in a broker's name.(g) A broker is responsible to ensure that a sponsored sales agent's advertising complies with §535.154 of this chapter (relating to Registration and Use of Alternate, Team and Assumed Business Names Used in Advertisements) and §535.155 of this chapter (relating to Advertisements).(h) Except for records destroyed by an \"Act of God\" such as a natural disaster or fire not intentionally caused by the broker, the broker must, at a minimum, maintain the following records in a format that is readily available to the Commission for at least four years from the date of closing, termination of the contract, or end of a real estate transaction:(1) disclosures;(2) commission agreements such as listing agreements, buyer representation agreements, or other written agreements relied upon to claim compensation;(3) substantive communications with parties to the transaction;(4) offers, contracts, and related addenda;(5) receipts and disbursements of compensation for services subject to the Act;(6) property management contracts;(7) appraisals, broker price opinions, and comparative market analyses; and(8) sponsorship agreements between the broker and sponsored sales agents.(i) A broker who sponsors sales agents or is a designated broker for a business entity shall maintain, on a current basis, written policies and procedures to ensure that:(1) Each sponsored sales agent is advised of the scope of the sales agent's authorized activities subject to the Act and is competent to conduct such activities, including having competence in the geographic market area where the sales agent represents clients.(2) Each sponsored sales agent maintains their license in active status at all times while they are engaging in activities subject to the Act.(3) Any and all compensation paid to a sponsored sales agent for acts or services subject to the Act is paid by, through, or with the written consent of the sponsoring broker.(4) Each sponsored sales agent is provided on a timely basis, before the effective date of the change, notice of any change to the Act, Commission rules, or Commission promulgated contract forms.(5) In addition to completing statutory minimum continuing education requirements, each sponsored sales agent receives such additional educational instruction the broker may deem necessary to obtain and maintain, on a current basis, competency in the scope of the sponsored sales agent's practice subject to the Act. At a minimum, when a sales agent performs a type of real estate brokerage activity for the first three times, the broker must require that the sales agent receive coaching and assistance from an experienced license holder competent for that activity.(6) Each sponsored sales agent complies with the Commission's advertising rules.(7) All trust accounts, including but not limited to property management trust accounts, and other funds received from consumers are maintained by the broker with appropriate controls in compliance with §535.146 of this chapter.(8) Records are properly maintained pursuant to subsection (h) of this section.(j) In addition to the requirements of §535.157 of this chapter (relating to Obligation to Respond Timely), a broker or supervisor delegated under subsection (e) of this section must respond to sponsored sales agents within two calendar days.(k) A sponsoring broker or supervisor delegated under subsection (e) of this section shall deliver mail and other correspondence from the Commission to their sponsored sales agents within three calendar days after receipt.(l) When the broker is a business entity, the designated broker is the person responsible for the broker responsibilities under this section.(m) This section is not meant to create or require an employer/employee relationship between a broker and a sponsored sales agent.", "sourceNote": "Source Note: The provisions of this §535.2 adopted to be\r\neffective January 1, 1976; amended to be effective April 14, 1998,\r\n23 TexReg 3681; amended to be effective July 1, 1999, 24 TexReg 4822;\r\namended to be effective November 26, 2002, 27 TexReg 10920; amended\r\nto be effective May 18, 2003, 28 TexReg 3951; amended to be effective\r\nJanuary 1, 2011, 35 TexReg 11674; amended to be effective November\r\n29, 2012, 37 TexReg 9364; amended to be effective January 1, 2015,\r\n39 TexReg 9669; amended to be effective May 26, 2015, 40 TexReg 2756;\r\namended to be effective December 7, 2016, 41 TexReg 9519; amended\r\nto be effective December 9, 2018, 43 TexReg7896; amended to be effective\r\nJune 11, 2023, 48 TexReg 2951; amended to be effective September 3,\r\n2025, 50 TexReg 5704." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213781", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.3", "label": "Compensation to or Paid by a Sales Agent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215651", "queryAsDate": "03/11/2026" }, "ruleBody": "A sales agent may not receive a commission or other valuable consideration except with the written consent of the sales agent's sponsoring broker or the broker who sponsored the sales agent when the sales agent became entitled to the commission or other valuable consideration. A sales agent may not pay a commission or other valuable consideration to another person except with the written consent of the sales agent's sponsoring broker.", "sourceNote": "Source Note: The provisions of this §535.3 adopted to be\r\neffective January 1, 1976; amended to be effective October 20, 1983,\r\n8 TexReg 3997; amended to be effective April 14, 1998, 23 TexReg 3681;\r\namended to be effective July 1, 1999, 24 TexReg 4822; amended to be\r\neffective January 1, 2011, 35 TexReg 11674; amended to be effective\r\nJanuary 1, 2015, 39 TexReg 9669; amended to be effective June 11,\r\n2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215651&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215651", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.4", "label": "License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226832", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Act applies to any person acting as a real estate broker or sales agent while physically within Texas, regardless of the location of the real estate involved or the residence of the person's customers or clients. For the purposes of the Act, a person conducting brokerage business from another state by mail, telephone, the Internet, email, or other medium is acting within Texas if the real property concerned is located wholly or partly in Texas.(b) This section does not prohibit cooperative arrangements between foreign brokers and Texas brokers pursuant to §1101.651(a)(2) of the Act and §535.131 of this chapter (relating to Unlawful Conduct; Splitting Fees).(c) Unless otherwise exempted by the Act, a person must be licensed as a broker or sales agent to show a property. For purposes of this section, to \"show\" a property includes causing or permitting the property to be viewed by a prospective buyer or tenant, unlocking or providing access onto or into a property for a prospective buyer or tenant, and hosting an open house at the property.(d) A license holder may permit a prospective tenant unescorted access to view a property available for rent or lease only if:(1) the property is vacant, meaning no person lives at, and no personal property except property intended to remain or convey is stored at, the property;(2) the license holder employs a method to control access and verify the identity of the prospective tenant; and(3) the property owner has signed a written consent that sets out in bold print in at least 12-point font that:(A) the property owner is aware that unescorted access may occur; and(B) specifies whether the broker enabling unescorted access or the property owner will be responsible for any damage that results from such unescorted access.(e) The employees, agents, or associates of a licensed broker must be licensed as brokers or sales agents if they direct or supervise other persons who perform acts for which a license is required.(f) A real estate license is required for a person to solicit listings or to negotiate in Texas for listings.(g) Unless otherwise exempted by §535.5 of this chapter (relating to License Not Required) and §1101.355(d) of the Act, a business entity owned by a broker or sales agent which receives compensation on behalf of the license holder must be licensed as a broker under the Act.(h) A person controls the acceptance or deposit of rent from a resident of a single-family residential real property unit and must be licensed under the Act if the person has the authority to:(1) use the rent to pay for services related to management of the property;(2) determine where to deposit the rent; or(3) sign checks or withdraw money from a trust account.(i) For purposes of subsection (h) of this section, a single-family residential real property unit includes a single-family home or a unit in a condominium, co-operative, row-home, or townhome. The term does not include a duplex, triplex, or four-plex unless the units are owned as a condominium, cooperative, row-home, or townhome.(j) A person must be licensed as a broker to operate a rental agency.(k) A real estate license is required of a subsidiary corporation, which, for compensation, negotiates in Texas for the sale, purchase, rent, or lease of its parent corporation's real property.(l) A person who arranges for a tenant to occupy a residential property must have a real estate license if the person:(1) does not own the property or lease the property from its owner;(2) receives valuable consideration; and(3) is not exempt under the Act.(m) A real estate license is required for a person to receive a fee or other consideration for assisting another person to locate real property for sale, purchase, rent, or lease, including the operation of a service which finds apartments or homes.(n) The compilation and distribution of information relating to rental vacancies or property for sale, purchase, rent, or lease is activity for which a real estate license is required if payment of any fee or other consideration received by the person who compiles and distributes the information is contingent upon the sale, purchase, rental, or lease of the property. An advance fee is a contingent fee if the fee must be returned if the property is not sold, purchased, rented, or leased.(o) A person must be licensed as a broker or sales agent if, for compensation, the person:(1) advertises for others regarding the sale, purchase, rent, or lease of real property;(2) accepts inquiries received in response to such advertisements; and(3) refers the inquiry to the owner of the property.", "sourceNote": "Source Note: The provisions of this §535.4 adopted to be effective January 1, 2011, 35 TexReg 11674; amended to be effective January 2, 2012, 36 TexReg 9327; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective March 6, 2017, 42 TexReg 1026; amended to be effective June 11, 2023, 48 TexReg 2948; amended to be effective January 1, 2024, 48 TexReg 6912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226832", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.5", "label": "License Not Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215650", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acting as a principal, a person may purchase, sell, lease, or sublease real estate for profit without being licensed as a broker or sales agent.(b) A person who owns property jointly may sell and convey title to his or her interest in the property, but to act for compensation or with the expectation of compensation as an agent for the other owner, the person must be licensed unless otherwise exempted by the Act.(c) A real estate license is not required: (1) for an employee employed by a business entity for the purpose of buying, selling, or leasing real property for the entity; or(2) as otherwise provided by §1101.005, Occupations Code.(d) For purposes of subsection (c) of this section: (1) An entity is considered to be an owner if it holds record title to the property or has an equitable title or right acquired by contract with the record title holder. (2) An employee of a business entity means a person employed and directly compensated by the business entity. An independent contractor is not an employee.(e) Trade associations or other organizations that provide an electronic listing service for their members, but do not receive compensation when the real estate is sold, are not required to be licensed under the Act.(f) Auctioneers are not required to be licensed under the Act when auctioning real property for sale. However, a licensed auctioneer may not show the real property, prepare offers, or negotiate contracts unless the auctioneer is also licensed under the Act.(g) An answering service or clerical or administrative employees identified to callers as such to confirm information concerning the size, price, and terms of property advertised are not required to be licensed under the Act.(h) A business entity which receives compensation on behalf of a license holder that is earned by the license holder while engaged in real estate brokerage is not required to be licensed by the Commission if the business entity:(1) performs no other acts of a broker;(2) is:(A) a limited liability company as defined by §101.001, Business Organizations Code; or(B) an S corporation as defined by 26 U.S.C. Section 1361;(3) is at least 51 percent owned by the license holder on whose behalf the business entity receives compensation; and(4) is registered with the Commission as provided by §535.35 of this chapter (relating to Registration of Certain Business Entities).", "sourceNote": "Source Note: The provisions of this §535.5 adopted\r\nto be effective January 1, 2011, 35 TexReg 11674; amended to be effective\r\nJanuary 1, 2015, 39 TexReg 9669; amended to be effective December\r\n7, 2016, 41 TexReg 9520; amended to be effective May 24, 2017, 42\r\nTexReg 2723; amended to be effective June 11, 2023, 48 TexReg 2948;\r\namended to be effective January 1, 2024, 48 TexReg 6912; amended to\r\nbe effective November 26, 2025, 50 TexReg 7569." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215650", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.6", "label": "Equitable Interests in Real Property" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170568", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may acquire an option or enter into a contract to purchase real property and then sell or offer to sell the option or assign or offer to assign the interest in the contract without having a real estate license if the person:(1) does not use the option or contract to purchase to engage in real estate brokerage; and(2) discloses in writing the nature of the equitable interest to any seller or potential buyer.(b) A person selling or offering to sell an option or assigning or offering to assign an interest in a contract to purchase real property without disclosing the nature of that interest as provided by subsection (a) of this section is engaging in real estate brokerage.(c) A license holder acting on his or her own behalf or in a capacity described by §535.144(a) of this chapter (relating to When Acquiring or Disposing of Own Property or Property of Spouse, Parent or Child) who is selling an option or assigning an interest in a contract to purchase real property must disclose in writing to any seller or potential buyer that the license holder is selling an option or assigning an interest in a contract and that the license holder does not have legal title to the real property.", "sourceNote": "Source Note: The provisions of this §535.6 adopted to be effective May 24, 2017, 42 TexReg 2723; amended to be effective January 1, 2024, 48 TexReg 6912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170568&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170568", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.16", "label": "Listings; Net Listings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A broker is obligated under a listing contract to negotiate the best possible transaction for the principal, the broker has agreed to represent.(b) A \"net listing\" is a listing agreement in which the broker's commission is the difference (\"net\") between the sales proceeds and an amount desired by the owner of the real property. A broker may not take net listings unless the principal requires a net listing and the principal appears to be familiar with current market values of real property. The use of a net listing places an upper limit on the principal's expectancy and places the broker's interest above the principal's interest with reference to obtaining the best possible price. If a net listing is used, the listing agreement must assure the principal of not less than the principal's desired price and limit the broker to a specified maximum commission.(c) A real estate license holder is obligated to provide a broker price opinion or comparative market analysis on a property when negotiating a listing or offering to purchase the property for the license holder's own account as a result of contact made while acting as a real estate agent.", "sourceNote": "Source Note: The provisions of this §535.16 adopted to be effective January 1, 1976; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4824; amended to be effective January 1, 2004, 28 TexReg 9541; amended to be effective January 1, 2011, 35 TexReg 11674; amended to be effective March 21, 2012, 37 TexReg 1905; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186829", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.17", "label": "Broker Price Opinion, Comparative Market Analysis, or Sales Price Estimate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213783", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A real estate license holder may not perform an appraisal of, or provide an opinion of value for, real property unless the license holder is licensed or certified under Texas Occupations Code, Chapter 1103.(b) If a real estate license holder provides a broker price opinion, comparative market analysis, or estimated worth or sale price under the Act, the license holder shall also provide the person for whom the opinion, analysis, or estimate is prepared with a written statement containing the following language: \"This represents an estimated sale price for this property. It is not the same as the opinion of value in an appraisal developed by a licensed appraiser under the Uniform Standards of Professional Appraisal Practice.\"(c) The statement required by subsection (b) of this section must be made part of any written opinion, analysis, or estimate of worth or sale price and must be reproduced verbatim in at least 12-point font.(d) A sales agent may prepare, sign, and present a broker price opinion, comparative market analysis, or estimate of worth or sale price for the sales agent's sponsoring broker, but the sales agent must submit the broker price opinion, comparative market analysis, or estimate of worth or sale price in the broker's name and the broker is responsible for it.", "sourceNote": "Source Note: The provisions of this §535.17 adopted to be effective January 1, 1976; amended to be effective March 1, 1991, 15 TexReg 7435; amended to be effective August 19, 1991, 16 TexReg 4284; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4824; amended to be effective January 1, 2004, 28 TexReg 9541; amended to be effective January 1, 2011, 35 TexReg 11674; amended to be effective November 1, 2011, 36 TexReg 7326; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective December 6, 2017, 42 TexReg6800." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213783&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213783", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.20", "label": "Referrals from Unlicensed Persons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226833", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Referring a prospective buyer, seller, landlord, or tenant to another person in connection with a proposed real estate transaction is an act requiring the person making the referral to be licensed if the referral is made with the expectation of receiving valuable consideration. For the purposes of this section, the term \"valuable consideration\" includes but is not limited to:(1) money;(2) gifts of merchandise having a retail value greater than $50;(3) rent bonuses; and(4) discounts.(b) A person is not required to be licensed as a real estate broker or sales agent if all of the following conditions are met.(1) The person is engaged in the business of selling goods or services to the public.(2) The person sells goods or services to a real estate license holder who intends to offer the goods or services as an inducement to potential buyers, sellers, landlords or tenants.(3) After selling the goods or services to the real estate license holder, the person refers the person's customers to the real estate license holder.(4) The payment to the person for the goods or services is not contingent upon the consummation of a real estate transaction by the person's customers.", "sourceNote": "Source Note: The provisions of this §535.20 adopted to be effective January 1, 1976; amended to be effective October 21, 1997, 22 TexReg 10316; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective August 25, 1999, 24 TexReg 6487; amended to be effective January 1, 2011, 35 TexReg 11674; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226833&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226833", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "GENERAL PROVISIONS RELATING TO THE REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.21", "label": "Mailing Address and Other Contact Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213784", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Using a process acceptable to the Commission, each license holder shall provide a mailing address, business address, business phone number, and email address used for business to the Commission and shall report all subsequent changes not later than the 10th day after the date of a change of any of the listed contact information. If a license holder fails to update the contact information, the last known contact information provided to the Commission is the license holder's contact information.(b) The Commission shall send a notice or correspondence to an active broker or an inactive license holder to the mailing or email address of the broker or license holder as shown in the Commission's records. The Commission shall send a notice or correspondence to an active sales agent to the mailing or email address of the sales agent's sponsoring broker as shown in the Commission's records.(c) An associated broker shall provide to the Commission the name of the broker the associated broker is associated with and must report all subsequent changes no later than the 10th day after the date of the change.", "sourceNote": "Source Note: The provisions of this §535.21 adopted to be\r\neffective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8221; amended to be effective January 1,\r\n2026, 50 TexReg 7569." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213784", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "EXEMPTIONS TO REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.31", "label": "Attorneys at Law" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174615", "queryAsDate": "03/11/2026" }, "ruleBody": "An attorney licensed and eligible to practice law in Texas is exempt from the requirements of the Act but cannot sponsor real estate sales agents or act as the designated broker for a licensed business entity unless the attorney is also licensed as a real estate broker. This provision does not waive the standards of eligibility and qualification elsewhere established in the Act.", "sourceNote": "Source Note: The provisions of this §535.31 adopted to be effective January 1, 1976; amended to be effective March 19, 1990, 15 TexReg 1235; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 1, 2004, 28 TexReg 9541; amended to be effective January 1, 2011, 35 TexReg 11676; amended to be effective November 1, 2011, 36 TexReg 7326; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174615&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174615", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "EXEMPTIONS TO REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.32", "label": "Attorneys in Fact" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213785", "queryAsDate": "03/11/2026" }, "ruleBody": "A person holding a valid power of attorney recorded in the county in which the particular real property is located and which specifically describes the real property may act as a real estate agent for the owner of such property without being licensed as a real estate broker or sales agent, provided the person does not use powers of attorney to engage in more than three real estate transactions per calendar year.", "sourceNote": "Source Note: The provisions of this §535.32 adopted to be effective January 1, 1976; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 1, 2011, 35 TexReg 11676; amended to be effective November 29, 2012, 37 TexReg 9364; amended to be effective January 1, 2016, 40 TexReg 8221." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213785", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "EXEMPTIONS TO REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.33", "label": "Public Officials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213786", "queryAsDate": "03/11/2026" }, "ruleBody": "Public officials and employees of governmental or quasi-governmental units are exempt from the requirement of being licensed as a real estate broker or sales agent while performing their official duties.", "sourceNote": "Source Note: The provisions of this §535.33 adopted to be effective January 1, 1976; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213786", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "EXEMPTIONS TO REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.34", "label": "Sales Agents Employed by an Owner of Land and Structures Erected by the Owner" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225959", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of the Act and this title, \"sales agent, employed by an owner\" means a person employed and directly compensated by an owner. An independent contractor is not an employee.(b) Withholding income taxes and Federal Insurance Contributions Act (F.I.C.A.) taxes from wages paid to another person is considered evidence of employment.", "sourceNote": "Source Note: The provisions of this §535.34 adopted to be effective October 27, 1978, 3 TexReg 3654; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 1, 2011, 35 TexReg 11676; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225959", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "EXEMPTIONS TO REQUIREMENTS OF LICENSURE" }, "rule": { "number": "§535.35", "label": "Registration of Certain Business Entities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197342", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section, an \"exempt business entity\" means a business entity which is exempt from the requirements of being licensed under §535.5(g) of this chapter (relating to License Not Required) and §1101.355(d) of the Act.(b) Before an exempt business entity may receive compensation on behalf of a license holder, the license holder must:(1) register the business entity with the Commission using a process acceptable to the Commission;(2) pay a $140 fee to the Commission; and(3) provide supporting documentation satisfactory to the Commission demonstrating the entity meets the requirements for exemption.(c) Term of Registration; Certification.(1) A registration issued under this section is valid for two years from the date of issuance.(2) The Commission will deliver a notice regarding expiration of the registration to the license holder 90 days before the expiration of the registration.(3) Failure to receive the notice from the Commission does not relieve a license holder from the requirements of this subsection. (4) Prior to the expiration of the registration, a license holder must:(A) certify using a process acceptable to the Commission that the exempt business entity continues to meet the requirements under this section;(B) pay a $70 fee to the Commission; and(C) provide supporting documentation as provided in subsection (b)(3) of this section, if determined necessary by the Commission.(5) Failure to timely certify will result in expiration of the registration and loss of the exemption under §535.5(g) of this chapter and §1101.355(d) of the Act.(d) A license holder must notify the Commission not later than the 10th day after the date the business entity no longer satisfies the requirements of §535.5(g)(1)-(3) of this chapter and §1101.355(d) of the Act.", "sourceNote": "Source Note: The provisions of this §535.35 adopted to be\r\neffective January 1, 2024, 48 TexReg 6913; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5704." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197342", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "THE COMMISSION" }, "rule": { "number": "§535.41", "label": "Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170576", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Meetings.(1) The Commission shall meet in February of each year and at such other times as it deems proper.(2) Meetings will be held at such places as the Commission deems proper.(3) Meetings must be called by the chair on the chair's own motion or upon the written request of five members.(b) Quorum. Five members constitutes a quorum.(c) Officers.(1) Officers of the Commission consist of a chair, a vice-chair, and secretary.(2) The chair is designated by the governor and serves at the pleasure of the governor.(3) The Commission shall elect a vice-chair and secretary at a regular meeting in February of each year. Elected officers shall serve until their successors are elected.(d) Order of business.(1) With the exception of proceedings in contested cases, meetings must be conducted in accordance with Robert's Rules of Order.(2) Proceedings in contested cases are conducted in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001 and Chapter 533 of this title.(e) Public Comments at Regular Commission Meetings.(1) A member of the public may comment for up to three minutes on any agenda item or non-agenda item at a regular quarterly Commission meeting.(2) The Chair of the Commission may extend the time for public comments at the Chair's discretion.", "sourceNote": "Source Note: The provisions of this §535.41 adopted to be effective January 1, 1976; amended to be effective November 14, 1979, 4 TexReg 3998; amended to be effective May 7, 1992, 17 TexReg 2997; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 1, 2004, 28 TexReg 9541; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective December 11, 2019, 44 TexReg 7699." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170576&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170576", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "THE COMMISSION" }, "rule": { "number": "§535.42", "label": "Jurisdiction and Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213787", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission does not:(1) mediate disputes between or among license holders concerning their working relationships or their entitlement to compensation; or(2) recommend individual license holders to the public.", "sourceNote": "Source Note: The provisions of this §535.42 adopted to be effective January 1, 1976; amended to be effective March 19, 1990, 15 TexReg 1235; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 1, 2004, 28 TexReg 9541; amended to be effective December 30, 2007, 32 TexReg 9988; amended to be effective January 1, 2011, 35 TexReg 11677; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213787&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213787", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "THE COMMISSION" }, "rule": { "number": "§535.43", "label": "Education Standards Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170578", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission establishes an Education Standards Advisory Committee to regularly review and revise curriculum standards, course content requirements and instructor qualifications for qualifying and continuing education courses.(b) The committee consists of 12 members appointed by the Commission as follows:(1) Seven members who are license holders and who have been engaged in the practice of real estate for at least five years before the member's appointment and who are actively engaged in that practice;(2) Four education members who are real estate instructors or owners of real estate schools, accredited by the Commission, that provide qualifying or continuing education;(3) One member who represents the public.(c) The Commission may appoint a non-voting member from the Commission.(d) Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.(e) Members of the committee serve staggered two-year terms. The terms of the committee members expire as follows:(1) on December 31 of each even-numbered year, the terms of four license holder members and two education members expire; and(2) on December 31 of each odd-numbered year, the terms of three license holder members, two education members, and the public member expire.(f) A member may serve up to three consecutive terms on the committee, and may be reappointed after a break in service of at least two years. A member whose term has expired holds office until the member's successor is appointed. If a vacancy occurs during a member's term, the Commission shall appoint a person to fill the unexpired term.(g) At a regular meeting in January of each year, the committee shall elect from its members a presiding officer, assistant presiding officer, and secretary.(h) The Commission may remove a committee member if the member:(1) does not have the qualifications required by subsection (b)(1) of this section;(2) cannot discharge the member's duties for a substantial part of the member's term;(3) is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the committee; or(4) violates Chapter 1101 or Chapter 1102.(i) If the Executive Director of the Commission has knowledge that a potential ground for removal exists, the Executive Director shall notify the presiding officer of the Commission that the potential ground exists.(j) The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.(k) The committee may meet at the call of a majority of its members. The committee shall meet at the call of the Commission.(l) A quorum of the committee consists of seven members.(m) The committee shall conduct its meetings in substantial compliance with Robert's Rules of Order.(n) The secretary of the committee shall work with Commission staff to prepare written minutes of each meeting and submit the minutes to the committee for approval and for filing with the Commission.(o) At least twice a year, the Committee Chair shall report on the activities of the Committee to the Commission. The Committee may submit its written recommendations concerning the requirements or qualifications, as applicable, for real estate education providers, instructors, and courses to the Commission at any time the Committee deems appropriate. If the Commission submits a rule to the Committee for development, the chair of the Committee or the chair's designate shall report to the Commission after each meeting at which the proposed rule is discussed on the Committee's consideration of the rule.(p) The committee is automatically abolished on September 1, 2031 unless the Commission subsequently establishes a different date.", "sourceNote": "Source Note: The provisions of this §535.43 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 2, 2019, 44 TexReg 4735; amended to be effective December 2, 2021, 46 TexReg 8059; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170578", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "THE COMMISSION" }, "rule": { "number": "§535.44", "label": "Commission Seal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213788", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall adopt a seal. The seal may be used only by the Commission in connection with official agency business. Any use by other persons, including persons licensed or registered under the Act or Chapter 1102, is prohibited.", "sourceNote": "Source Note: The provisions of this §535.44 adopted to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213788", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "THE COMMISSION" }, "rule": { "number": "§535.45", "label": "Certain Uses of Seal, Logo, or Name Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214884", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder or provider may not use all or part of the seal, logo, or name of the Commission or another governmental agency in a manner that implies that the person:(1) is a governmental agency;(2) is endorsed by the Commission or other agency other than as a license holder or provider; or(3) holds a special status that the Commission or other agency has not granted.", "sourceNote": "Source Note: The provisions of this §535.45 adopted to be effective December 7, 2016, 41 TexReg 9521; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214884", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "THE COMMISSION" }, "rule": { "number": "§535.46", "label": "Broker Responsibility Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213789", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission establishes a Broker Responsibility Advisory Committee to regularly examine issues surrounding broker responsibility within the real estate industry, make recommendations regarding possible legislative changes associated with broker responsibility, and examine Commission rules related to broker responsibility.(b) The committee consists of 9 members appointed by the Commission who must meet the following requirements:(1) members must hold an active real estate broker license issued by the Commission; and(2) members must have been engaged in the practice of brokerage activity for at least five years prior to appointment and be actively engaged in that practice.(c) The Commission may appoint a non-voting member(s) from the Commission.(d) Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.(e) Members of the committee serve staggered four-year terms with terms beginning on January 1.(f) Notwithstanding subsection (e) of this section, the Commission shall initially appoint nine members as follows:(1) three members to serve a two-year term to expire on December 31, 2026, regardless of the date the members are appointed;(2) three members to serve a three-year term to expire on December 31, 2027, regardless of the date the members are appointed; and(3) three members to serve a four-year term to expire on December 31, 2028, regardless of the date the members are appointed.(g) A member whose term has expired holds office until the member's successor is appointed. If a vacancy occurs during a member's term, the Commission shall appoint a person to fill the unexpired term.(h) At a regular meeting in January of each year, the committee shall elect from its members a presiding officer, assistant presiding officer, and secretary.(i) The Commission may remove a committee member if the member:(1) does not have the qualifications required by subsection (b) of this section;(2) cannot discharge the member's duties for a substantial part of the member's term;(3) is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the committee; or(4) violates Chapter 1101 or Chapter 1102.(j) If the executive director of the Commission has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the Commission that the potential ground exists.(k) The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.(l) The committee may meet at the call of a majority of its members. The committee shall meet at the call of the Commission.(m) A quorum of the committee consists of five members.(n) The committee shall conduct its meetings in substantial compliance with Robert's Rules of Order.(o) The secretary of the committee shall work with Commission staff to prepare and approve written minutes of each meeting and submit the minutes for filing with the Commission.(p) At least twice a year, the presiding officer of the committee shall report on the activities of the committee to the Commission. The committee may submit its written recommendations concerning broker responsibility to the Commission at any time the committee deems appropriate. If the Commission submits a rule to the committee for development, the presiding officer of the committee or the presiding officer's designate shall report to the Commission after each meeting at which the proposed rule is discussed on the committee's consideration of the rule.(q) The committee is automatically abolished on September 1, 2031, unless the Commission subsequently establishes a different date.", "sourceNote": "Source Note: The provisions of this §535.46 adopted to be effective August 29, 2023, 48 TexReg 4671." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213789&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213789", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR LICENSURE" }, "rule": { "number": "§535.50", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225960", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in Subchapter E, F, or G of this chapter, shall have the following meanings, unless the context clearly indicates otherwise or a definition from that subchapter supersedes the definition.(1) Applicant--A person seeking a license, certificate, registration, approval, or permit from the Commission.(2) Broker Responsibility Course--The course required by §1101.458 of the Act.(3) Designated broker--An individual holding an active Texas real estate broker license designated by a business entity licensed by the Commission to act on its behalf. The designated broker must be an officer of a corporation, a manager of a limited liability company, or a general partner of a partnership.(4) Hour--Fifty minutes of actual session time.(5) Non-elective Courses--The legal update courses required by §1101.455 of the Act and the broker responsibility course required by §1101.458 of the Act.(6) Related course--A course determined to be acceptable by the Commission to count towards related credit. The Commission will periodically publish lists of acceptable real estate related courses.", "sourceNote": "Source Note: The provisions of this §535.50 adopted to be effective January 1, 2011, 35 TexReg 11677; amended to be effective November 1, 2011, 36 TexReg 7327; amended to be effective December 9, 2018, 43 TexReg 7898; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225960", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR LICENSURE" }, "rule": { "number": "§535.51", "label": "General Requirements for a Real Estate License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213791", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application.(1) A person who intends to be licensed by the Commission must:(A) file an application for the license using a process acceptable to the Commission; and(B) submit the required fee under §535.101 of this chapter (relating to Fees).(2) The Commission will reject an application submitted without a sufficient filing fee.(3) The Commission may request additional information be provided to the Commission relating to an application.(b) General Requirements for Licensure.(1) To be eligible for a real estate license, an applicant must:(A) meet the following requirements at the time of the application:(i) be 18 years of age;(ii) be a citizen of the United States or a lawfully admitted alien;(B) comply with the fingerprinting, education, experience and examination requirements of the Act; and(C) meet the honesty, trustworthiness, and integrity requirements under the Act.(2) The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license.(c) Termination of application. An application is terminated and is subject to no further evaluation or processing if:(1) the applicant fails to satisfy a current, education, experience, or examination requirement within one year from the date the application is filed;(2) the applicant fails to submit a required fee within twenty (20) days after the Commission makes written request for payment;(3) the applicant fails to provide information or documentation requested by the Commission within one year from the date the application is filed; or(4) the applicant fails to provide fingerprints to the Department of Public Safety within one year from the date the application is filed.(d) Completion of applicable education and experience.(1) An applicant is not eligible to take an examination for a license until the Commission has received evidence of completion of all education and experience required by this subchapter.(2) The Commission will not grant credit to an applicant for completing a course with substantially the same content as a course for which the applicant received credit within the previous two-year period.(3) Except as provided by this subchapter and the Act, the Commission will not accept a person's license in another state to meet experience requirements.(e) Examination. An applicant must take and pass a licensing examination in accordance with §535.57 of this chapter (relating to Examinations).", "sourceNote": "Source Note: The provisions of this §535.51 adopted to be\r\neffective January 1, 1976; amended to be effective October 4, 1976,\r\n1 TexReg 2614; amended to be effective November 8, 1977, 2 TexReg\r\n4097; amended to be effective November 14, 1979, 4 TexReg 3999; amended\r\nto be effective June 18, 1991, 16 TexReg 3077; amended to be effective\r\nJanuary 1, 1992, 16 TexReg 7488; amended to be effective September\r\n24, 1993, 18 TexReg 6215; amended to be effective July 18, 1994, 19\r\nTexReg 5089; amended to be effective December 1, 1994, 19 TexReg 8114;\r\namended to be effective January 3, 1996, 20 TexReg 10898; amended\r\nto be effective May 2, 1996, 21 TexReg 3549;amended to be effective\r\nMarch 14,1997, 22 TexReg 2428; amended to be effective April 14, 1998,\r\n23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4825;\r\namended to be effective September 1, 2000, 25 TexReg 6506; amended\r\nto be effective October 15, 2001, 26 TexReg 8070; amended to be effective\r\nMarch 4, 2002, 27 TexReg 1495; amended to be effective April 1, 2003,\r\n28 TexReg 2324; amended to be effective January 1, 2004, 28 TexReg\r\n9542; amended to be effective May 10, 2004, 29 TexReg 4485; amended\r\nto be effective September 1, 2004, 29 TexReg 8284; amended to be effective\r\nJuly 4, 2005, 30 TexReg 3871; amended to be effective December 30,\r\n2007, 32 TexReg 9988; amended to be effective January 7, 2009, 34\r\nTexReg 57; amended to be effective November 1, 2009, 34 TexReg 6333;\r\namended to be effective September 1, 2010, 35 TexReg 7799; amended\r\nto be effective November 1, 2011, 36 TexReg 7327; amended to be effective\r\nMarch 5, 2014, 39 TexReg 1379; amended to be effective January 1,\r\n2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40\r\nTexReg 8222; amended to be effective December 11, 2019, 44 TexReg\r\n7699; amended to be effective June 11, 2023, 48 TexReg 2948; amended\r\nto be effective September 3, 2025, 50 TexReg 5704." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213791&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213791", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR LICENSURE" }, "rule": { "number": "§535.52", "label": "Fitness Requirements for Individual Applicant" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213792", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may deny a license to an applicant who fails to satisfy the Commission as to an individual applicant's honesty, trustworthiness, or integrity under the Act, Chapter 1102, and the rules of the Commission.(b) Conduct that tends to demonstrate that an applicant does not possess the requisite honesty, trustworthiness or integrity includes, but is not limited to:(1) a plea of guilty or nolo contendere to or a conviction of any offense listed in §541.1 of this title (relating to Criminal Offense Guidelines);(2) failing to successfully or satisfactorily complete any term or condition of parole, supervised release, probation, or community supervision;(3) providing false or misleading information to the Commission;(4) disciplinary action taken against, or the surrender or denial of, any professional or occupational license or registration, in this state, any other state, or the federal government;(5) engaging in activities for which a license or registration is required without having the legal authorization to do so, in this or any other state;(6) violating any provision of the Act;(7) violating any provision of the rules of the Commission;(8) failing to pay a judgment (including any court-ordered costs, fees, penalties, or damages) that is not otherwise discharged in bankruptcy;(9) failing to provide information or documentation related to fitness requirements not later than the 60th day after the date the Commission sends a written request to an applicant; and(10) failing to comply with any term of an administrative order issued by this state, any other state, or the federal government, including failure to pay an administrative penalty.", "sourceNote": "Source Note: The provisions of this §535.52 adopted to be effective January 1, 1976; amended to be effective October 4, 1976, 1 TexReg 2614; amended to be effective February 10, 1977, 2 TexReg 360; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 7, 2009, 34 TexReg 57; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective May 28, 2018, 43 TexReg 3359; amended to be effective December 11, 2019, 44 TexReg 7699; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213792&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213792", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR LICENSURE" }, "rule": { "number": "§535.53", "label": "Business Entity; Designated Broker" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213774", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Business Entity.(1) A business entity must be qualified to transact business in Texas to receive, maintain, or renew a broker's license.(2) A Franchise Tax Account Status page from the Texas Comptroller of Public Accounts issued within 21 days prior to the date of its license or renewal application constitutes evidence of being qualified to transact business in Texas.(3) A business entity must notify the Commission not later than the 10th day after the date it receives notice that it is not qualified to transact business in Texas.(4) A foreign business entity must meet the additional requirements of §535.132 of this chapter (relating to Eligibility for Licensure) to be eligible for a broker's license.(b) Designated Broker.(1) For the purposes of qualifying for, maintaining, or renewing a license, a business entity must designate an individual holding an active Texas real estate broker license in good standing with the Commission to act for it.(2) An individual licensed broker is not in good standing with the Commission if:(A) the broker's license is revoked or suspended, including probated revocation or suspension;(B) a business entity licensed by the Commission while the broker was the designated broker for that business entity had its license revoked or suspended, including probated revocation or suspension, in the past two years;(C) the broker has any unpaid or past due monetary obligations to the Commission, including administrative penalties, Real Estate Recovery Trust Account payments, or Real Estate Inspection Recovery Fund payments; or(D) a business entity licensed by the Commission has any unpaid or past due monetary obligations to the Commission, including administrative penalties or Real Estate Recovery Trust Account payments, that were incurred while the broker was the designated broker for the entity.(3) Regardless of the type of business entity, the designated broker must have managing authority for the business entity.(4) The business entity may not act as a broker during any period in which it does not have a designated broker to act for it who meets the requirements of the Act.(5) To obtain or renew a license, or upon any change in the business entity's designated broker, the entity must provide to the Commission:(A) proof of the designated broker's current status as a corporate officer, an LLC manager, an LLC member with managing authority, or a general partner for that entity; and(B) if the designated broker does not own at least 10 percent of the business entity, proof that the business entity maintains errors and omissions insurance:(i) in at least the minimum coverage limits required by the Act; and(ii) that provides coverage for losses due to a violation of the Act or this Chapter.(6) A broker may not act as a designated broker at any time while the broker's license is inactive, expired, suspended, or revoked.", "sourceNote": "Source Note: The provisions of this §535.53 adopted to be effective January 1, 1976; amended to be effective August 29, 1979, 4 TexReg 2900; amended to be effective September 24, 1993, 18 TexReg 6215; amended to be effective April 14, 1998, 23 TexReg 3682; amended to be effective July 1, 1999, 24 TexReg 4825; amended to be effective January 1, 2004, 28 TexReg 9542; amended to be effective January 1, 2011, 35 TexReg 11677; amended to be effective November 1, 2011, 36 TexReg 7327; amended to be effective June 3, 2012, 37 TexReg 4052; amended to be effective March 2, 2015, 40 TexReg 928; amended to be effective January 1, 2016, 40 TexReg 8222; amended to be effective September 7, 2016, 41 TexReg 6738; amended to be effective May 24, 2017, 42 TexReg 2724; amended to be effective August 28, 2017, 42 TexReg 4306; amended to be effective December 9, 2018, 43 TexReg 7898; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213774", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR LICENSURE" }, "rule": { "number": "§535.54", "label": "Hearing on License Denial: Probationary Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213775", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission will notify an applicant if the application for license is denied. Any hearing on denial of a license will be conducted in accordance with §1101.364 of the Act and Chapter 533 of this title (relating to Practice and Procedure).(b) If the Commission determines that issuance of a probationary license is appropriate, the order entered by the Commission with regard to the application must set forth the terms and conditions for the probationary license. Terms for a probationary license may include any of the following:(1) that the probationary license holder comply with the Act and with the rules of the Commission;(2) that the probationary license holder fully cooperate with the Commission in the investigation of any complaint filed against the license holder;(3) that the probationary license holder attend a prescribed number of classroom hours in specific areas of study during the probationary period;(4) that the probationary license holder limit real estate brokerage practice as prescribed in the order;(5) that the probationary license holder report regularly to the Commission on any matter which is the basis of the probationary license holder;(6) that the probationary license holder comply with any other terms contained in the order which have been found to be reasonable and appropriate by the Commission after consideration of the circumstances involved in the particular application; or(7) that the probationary license holder comply with any other terms contained in an order from any other court or administrative agency under which the probationary license holder is bound.(c) Unless the order granting a probationary license specifies otherwise, a probationary license holder may renew the license after the probationary period by filing a renewal application, satisfying applicable education requirements and paying the prescribed renewal fee.(d) If a license expires before the completion of a probationary term and the license holder files a late renewal application as authorized by §535.91 of this chapter (relating to Renewal of a Real Estate License), any remaining probationary period shall be reinstated effective as of the day following the renewal of the previous license.", "sourceNote": "Source Note: The provisions of this §535.54 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective October 1, 2023, 48 TexReg 2952." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213775&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213775", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR LICENSURE" }, "rule": { "number": "§535.55", "label": "Education and Sponsorship Requirements for a Sales Agent License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226835", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Education requirements for an initial sales agent license. An applicant for an initial sales agent license must provide the Commission with satisfactory evidence of completion of 180 hours of qualifying real estate courses as required under the Act as follows:(1) 60 hours of Principles of Real Estate;(2) 30 hours of Law of Agency;(3) 30 hours of Law of Contracts;(4) 30 hours of Promulgated Contracts Forms; and(5) 30 hours of Real Estate Finance.(b) Additional education requirements. A sales agent must successfully complete an additional 90 classroom hours in qualifying courses, including the 30 hour qualifying real estate brokerage course, by the expiration date of the sales agent's initial licensing period in accordance with the requirements of §535.91 of this chapter (relating to Renewal of a Real Estate License).(c) The Commission will issue an applicant an inactive sales agent license upon satisfaction of subsection (a) of this section and subsection (c) of §535.57 of this subchapter (relating to Examinations). An inactive sales agent may not practice as a licensed sales agent until sponsored by an active Texas licensed broker.", "sourceNote": "Source Note: The provisions of this §535.55 adopted to be effective January 1, 2011, 35 TexReg 11677; amended to be effective November 1, 2011, 36 TexReg 7327; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 7, 2016, 41 TexReg 6738; amended to be effective December 9, 2018, 43 TexReg 7898; amended to be effective October 1, 2023, 48 TexReg 2952." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226835&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226835", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR LICENSURE" }, "rule": { "number": "§535.56", "label": "Education and Experience Requirements for a Broker License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213793", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Education requirements.(1) An applicant for a broker license must provide the Commission with satisfactory evidence of completion of:(A) 270 hours of qualifying real estate courses as required under §535.55 of this subchapter (relating to Education and Sponsorship Requirements for a Sales Agent License), which must include the 30 hour qualifying real estate brokerage course completed not more than two years before the application date;(B) an additional 630 classroom hours of related education from one or more of the following categories:(i) qualifying courses defined under §535.64 of this chapter (relating to Content Requirements for Qualifying Real Estate Courses);(ii) Commission-approved continuing education courses, including the six-hour Broker Responsibility Course; or(iii) courses taken for credit from an accredited college or university in any of the following areas: accounting, advertising, architecture, business or management, construction, finance, investments, law, marketing, or real estate; and(C) the six-hour Broker Responsibility Course.(2) An applicant who has earned a bachelor's degree or higher from an accredited college or university will be deemed to have satisfied 300 classroom hours of the related education requirements for a broker license. A copy of the college transcript awarding the degree must be submitted as evidence of completion of the degree.(3) Education Credit for Experience. (A) An applicant may receive credit for up to 300 classroom hours of the related education required under subsection (a)(1)(B) of this section for qualifying practical experience points above the minimum 720 points required under subsection (b) of this section.(B) Experience points will be calculated according to the point system set forth in subsection (c) of this section.(C) For every two experience points above the minimum 720 points, credit for one classroom hour of the related education will be awarded. (b) Experience Requirements.(1) An applicant for a broker license must have four years of experience actively practicing as a broker or sales agent in Texas during the five years preceding the date the application is filed. For purposes of this section:(A) Experience is measured from the date a license is issued, and inactive periods caused by lack of sponsorship, or any other reason, cannot be included as active experience.(B) A person licensed in another state may derive the required four years' experience from periods in which the person was licensed in one or more states. A person who is the designated broker of a business entity that is licensed as a real estate broker in another state is deemed to be a licensed real estate broker in another state.(C) An applicant must have performed at least one transaction per year as described in subsection (c) of this section for at least four of the five years preceding the date the application is filed.(2) An applicant for a broker license must demonstrate not less than 720 points of qualifying practical experience obtained during the period required by subsection (b)(1) of this section, using TREC No. BL-A, Supplement A-Qualifying Experience Report for a Broker License. An applicant must use TREC No. BL-B, Supplement B-Qualifying Experience Report for a Broker License After an Application Has Been Filed, to report qualifying experience after an application for a broker license is filed.(A) An applicant will receive credit for such experience according to the point system set forth in subsection (c) of this section.(B) Upon request by the Commission, either prior to or after licensure, an applicant shall provide documentation to substantiate any or all of the experience claimed by the applicant.(C) Failure to promptly provide the requested documentation or proof shall be grounds to deny the application. Any false claim of experience shall be grounds to deny the application, or shall be grounds to suspend or revoke the applicant's current license.(c) Credit for experience. Experience points shall be credited to an applicant in accordance with the following schedule for active licensed sales agent or broker activity only:(1) Residential transactions including single family, condo, co-op unit, multi-family (1 to 4-unit) and apartment unit leases:(A) Closed purchase or sale--30 points per transaction.(B) An executed lease for a landlord or tenant--5 points per transaction.(C) rental property management rent collection--2.5 points per property per year.(D) Closed purchase or sale of an unimproved residential lot--30 points per transaction.(2) Commercial transactions, including apartments (5 units or more), office, retail, industrial, mixed use, hotel/motel, parking facility/garage, and specialty:(A) Closed purchase or sale--50 points per transaction.(B) An executed lease, renewal or extension for a landlord or tenant--10 points per year of the lease, renewal or extension up to a five year maximum per transaction.(C) rental property management rent collection--15 points per property per year.(3) Farm and Ranch and unimproved land transactions:(A) Closed purchase or sale--30 points.(B) An executed lease for a landlord or tenant--5 points per transaction.(C) Rental property management rent collection--5 points per property per year.(4) Delegated supervision--3 points per transaction.(d) Documentation of applicable experience.(1) An applicant shall have the burden of establishing to the satisfaction of the Commission that the applicant actually performed the work associated with the real estate transaction claimed for experience credit.(2) If an applicant is unable to obtain documentation and/or the signature of a sponsoring broker to support their claim for experience, the applicant must use TREC No. AFF-A, Affidavit in Lieu of Documentation and/or Signature, to explain that the applicant made a good faith effort to obtain the documentation and/or signature, describing the effort to obtain the documentation and reasons why it is not available. In addition, the applicant must submit two TREC No. AFF-B, Affidavit in Support of Applicant's Claim of Experience, each signed by a different individual who knows the applicant or is familiar with the transaction(s) at issue attesting to the applicant's efforts to obtain the documentation and/or signature, and attesting to the fact that the applicant performed the work for which the applicant is requesting points.(3) The Commission may request additional documentation, rely on the documentation provided under this section, or utilize any other information provided by the applicant to determine whether the applicant has sufficient experience as required by §1101.356 of the Act and this section.(e) Experience forms. Forms and affidavits required to be used to report experience under this section are adopted by reference, published by and available from the Texas Real Estate Commission at www.trec.texas.gov.", "sourceNote": "Source Note: The provisions of this §535.56 adopted to be\r\neffective January 1, 2011, 35 TexReg 11677; amended to be effective\r\nNovember 1, 2011, 36 TexReg 7327; amended to be effective March 21,\r\n2012, 37 TexReg 1905; amended to be effective January 1, 2015, 39\r\nTexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8222;\r\namended to be effective August 28, 2017, 42 TexReg 4306; amended to\r\nbe effective March 10, 2022, 47 TexReg 1092; amended to be effective\r\nOctober 1, 2023, 48 TexReg 2952; amended to be effective January 1,\r\n2026, 50 TexReg 7570." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213793", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR LICENSURE" }, "rule": { "number": "§535.57", "label": "Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226834", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Administration of licensing examinations.(1) An examination required for any license issued by the Commission will be conducted by the testing service with which the Commission has contracted for the administration of examinations.(A) The testing service shall schedule and conduct the examinations in the manner required by the contract between the Commission and the testing service.(B) Except as otherwise provided by law, the examination fee must be paid each time the examination is taken.(2) The testing service administering the examinations is required to provide reasonable accommodations for any applicant with a verifiable disability. Applicants must contact the testing service to arrange an accommodation.(3) To be authorized for admittance to an examination, the applicant must present to the testing service administering the examinations appropriate documentation required by the testing service under contract with the Commission. The testing service shall require official photo-bearing personal identification of individuals appearing for an examination and shall deny entrance to anyone who cannot provide adequate identification. The testing service may refuse to admit an applicant who arrives after the time the examination is scheduled to begin or whose conduct or demeanor would be disruptive to other persons taking examinations at the site. The testing service may confiscate examination materials, dismiss the applicant, and fail the applicant for violating or attempting to violate the confidentiality of the contents of an examination.(4) An applicant is permitted to use certain hand-held calculators. If a calculator has printout capability, the testing service must approve use of such calculator before the examination. No other electronic devices are permitted.(b) Conduct during examination.(1) The following conduct with respect to licensing examinations is prohibited and is grounds to impose disciplinary action against any applicant, license holder, or education provider accredited by the Commission, and shall further be grounds for disapproval of an application for any license, accreditation, or approval issued by the Commission:(A) obtaining or attempting to obtain specific questions or answers from an applicant, a Commission employee, or any person hired by or associated with the testing service;(B) removing or attempting to remove questions or answers from an examination site; or(C) providing or attempting to provide examination questions or answers to another person.(2) The Commission, or the testing service under contract with the Commission, may file theft charges against any person who removes or attempts to remove an examination or any portion thereof or any material furnished with the examination whether by actual physical removal or by transcription.(c) Passing Scores. A broker applicant must attain a passing score of at least 75% in each portion of the broker licensing examination. A sales agent applicant must attain a passing score of at least 70% in each portion of the sales agent licensing examination.(d) Waiver of examination requirement for licensure.(1) The Commission shall waive the examination requirement for an applicant for a broker license who has been licensed as a broker in this state within two years before the filing of the application. The Commission shall waive the examination requirement for an applicant for a sales agent license who has been licensed in this state as a broker or sales agent within two years before the filing of the application.(2) The Commission may waive the national portion of the examination of an applicant for a broker or sales agent license if the applicant maintains an active license in another state equivalent to the license being applied for, and has passed a comparable national examination accredited or certified by a nationally recognized real estate regulator association.(e) Examination results for the national part and state part of the examination are valid for a period of one year from the date each part of the examination is passed.(f) An applicant who fails the examination three consecutive times may not apply for reexamination or submit a new license application unless the applicant submits evidence satisfactory to the Commission that the applicant has completed additional mandatory qualifying education listed in §535.64(a) of this chapter (relating to Content Requirements for Qualifying Real Estate Courses) as follows, after the date the applicant failed the examination for the third time:(1) for an applicant who failed the national part of the examination, 30 hours;(2) for an applicant who failed the state part of the examination, 30 hours; and(3) for an applicant who failed both parts of the examination, 60 hours.", "sourceNote": "Source Note: The provisions of this §535.57 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8222; amended to be effective February 1, 2017, 41 TexReg 9521; amended to be effective December 11, 2019, 44 TexReg 7699; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226834&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226834", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "E", "label": "REQUIREMENTS FOR LICENSURE" }, "rule": { "number": "§535.58", "label": "License for Military Service Members, Veterans, or Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) \"Good standing\" has the meaning assigned by §55.0042, Occupations Code.(2) \"Military service member\" has the meaning assigned by §55.001(4), Occupations Code.(3) \"Military spouse\" has the meaning assigned by §55.001(5), Occupations Code.(4) \"Military veteran\" has the meaning assigned by §55.001(6), Occupations Code.(b) Except as otherwise provide by this section:(1) a person applying for a sales agent or broker license under this chapter must comply with all requirements of §535.51 of this chapter (relating to General Requirements for a Real Estate License);(2) a person applying for an inspector license under this chapter must comply with all requirements of §535.208 of this chapter (relating to Application for a License); and(3) a person applying for a certificate of registration under this chapter must comply with all requirements of §535.400 of this chapter (relating to Registration of Easement or Right-of-Way Agents).(c) License or certificate issuance.(1) The Commission shall process a license or certificate for an applicant who is a military service member, military veteran, or military spouse on an expedited basis.(2) The Commission shall issue a certificate or license not later than the 10th business day after receipt of an application by an applicant who is a military service member, military veteran, or military spouse and:(A) holds a current certificate or license issued by a state other than Texas that is similar in scope of practice to the certificate or license issued in Texas and is in good standing with that state's licensing authority; or(B) held a license or certificate in Texas within the five years preceding the date the application is filed with the Commission. (d) The Commission shall waive application and examination fees for an applicant who is a military service member, military veteran, or military spouse.(e) Credit for military service.(1) For an applicant who is a military service member or military veteran, the Commission shall credit any verifiable military service, training, or education obtained by an applicant that is relevant to a license toward the requirements of a license.(2) This subsection does not apply to an applicant who holds a restricted license issued by another jurisdiction.(f) Alternate methods of competency. The Commission may accept alternative methods for demonstrating an applicant's competency in the place of passing the specific licensing examination, or completing education and/or experience required to obtain a particular license. Based on the applicant's circumstances and the requirements of a particular license, the Commission may consider any combination of the following as alternative methods of demonstrating competency:(1) education;(2) continuing education;(3) examinations (written and/or practical);(4) letters of good standing;(5) letters of recommendation;(6) work experience; or(7) other methods required by the Executive Director.(g) Limited reciprocity for military service members and military spouses.(1) A person who is a military service member or military spouse who holds a current certificate or license issued by a state other than Texas that is similar in scope of practice to the certificate or license issued in Texas and is in good standing with that state's licensing authority who wants to practice in Texas in accordance with §55.0041, Occupations Code, must submit an application using a process acceptable to the Commission and include:(A) a copy of the military orders showing relocation to this state; (B) if the applicant is a military spouse, a copy of the military spouse's marriage license; and(C) a notarized affidavit affirming under penalty of perjury that:(i) the applicant is the person described and identified in the application; (ii) all statements in the application are true, correct, and complete; (iii) the applicant understands the scope of practice for the applicable license or certificate in this state and will not perform outside of that scope of practice; and(iv) the applicant is in good standing in each state in which the applicant holds or has held an applicable license.(2) Not later than the 10th business day after the date the Commission receives an application under paragraph (1) of this subsection, the Commission will notify the applicant that: (A) the Commission recognizes the applicant's out-of-state license;(B) the application is incomplete; or (C) the Commission is unable to recognize the applicant's out-of-state license because the Commission does not issue a license similar in scope of practice to the applicant's license.(3) A person may practice under this subsection without meeting the requirements for licensure in Texas only for the period during which the person or person's spouse is stationed at a military installation in this state.(4) A person authorized to practice in this state under this subsection must comply with all other laws and regulations applicable to the license, including any sponsorship requirements.(5) In the event of a divorce or similar event that affects a person's status as a military spouse, the former spouse may continue to practice for three years from the date the spouse submitted the application under this subsection.(6) In determining which states issue licenses similar in scope of practice to those issued by the Commission, the Commission will consider the authorized activities under the applicable license.(h) The purpose of this section is to establish procedures authorized or required by Texas Occupations Code, Chapter 55, and is not intended to modify or alter rights that may be provided under federal law.", "sourceNote": "Source Note: The provisions of this §535.58 adopted to be\r\neffective December 11, 2019, 44 TexReg 7699; amended to be effective\r\nJune 11, 2023, 48 TexReg 2948; amended to be effective November 29,\r\n2023, 48 TexReg 6913; amended to be effective November 26, 2025, 50\r\nTexReg 7570." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225961", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION" }, "rule": { "number": "§535.60", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226836", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in Subchapter F of this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Classroom delivery--A method of course delivery where the instructor and students interact face to face and in real time, in either the same physical location, or through the use of technology.(2) Distance Education delivery--A method of course delivery other than classroom delivery, including online and correspondence delivery.(3) Combination delivery--A combination of classroom and distance education where at least 50% of the course is offered through classroom delivery.(4) Instructor--A person chosen by a provider to teach qualifying courses.(5) Legal Update Courses--Required courses created for and approved by the Commission to satisfy the eight hours of continuing education required by §1101.455 of the Act.(6) Mandatory qualifying course--A qualifying course that an applicant is required to take to fulfill licensing requirements as mandated by §1101.358 of the Act.(7) Elective qualifying course--A qualifying course, other than a mandatory qualifying course, for which the subject matter of the course is specified by the Act or Commission rule, that an applicant may take to fulfill licensing requirements.(8) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision. (9) Provider--Any person approved by the Commission; or specifically exempt by the Act, Chapter 1102, or Commission rule; that offers a course for which qualifying credit may be granted by the Commission to a license holder or applicant.(10) Scenario-based learning--The use of scenarios to support active learning strategies such as problem-based or case-based learning where students must apply their subject knowledge, critical thinking and problem-solving skills in a real-world context.(11) Topic--Subject matter that must be covered in a specific course as defined by the Act, Chapter 1102 and this chapter.(12) Unit--A subtopic that must be covered within a topic.", "sourceNote": "Source Note: The provisions of this §535.60 adopted\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8226; amended to be effective December\r\n9, 2018, 43 TexReg 7898; amended to be effective December 11, 2019,\r\n44 TexReg 7702; amended to be effective June 11, 2023, 48 TexReg 2948;\r\namended to be effective September 3, 2025, 50 TexReg 5705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226836", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION" }, "rule": { "number": "§535.61", "label": "Approval of Providers of Qualifying Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225963", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application for approval.(1) Unless otherwise exempt under subsection (b) of this section, a person desiring to be approved by the Commission to offer real estate, easement or right-of-way, or real estate inspection qualifying courses shall:(A) file an application using a process acceptable to the Commission, with all required documentation;(B) submit the required fee under §535.101 of this chapter (relating to Fees) or §535.210 of this chapter (relating to Fees);(C) submit the statutory bond or other security acceptable to the Commission under §1101.302 of the Act; and(D) maintain a fixed office in the state of Texas or designate a resident of this state as attorney-in-fact to accept service of process and act as custodian of any records in Texas which the provider is required to maintain by this subchapter.(2) The Commission may:(A) request additional information be provided to the Commission relating to an application; and(B) terminate an application without further notice if the applicant fails to provide the additional information not later than the 60th day after the Commission mails the request.(3) An approved provider is permitted to offer courses in real estate, easement or right-of-way, and real estate inspection that have been approved by the Commission.(b) Exempt Providers.(1) The following persons may submit real estate qualifying courses for approval for credit in §535.62(i) of this subchapter (relating to Approval of Qualifying Courses) without becoming an approved provider of qualifying courses:(A) a person approved by a real estate regulatory agency to offer qualifying real estate courses in another state that has approval requirements for providers that are substantially equivalent to the requirements for approval in this state;(B) a public high school or an accredited college or university in accordance with §535.66 of this subchapter (relating to Credit for Courses Offered by Public High School or Accredited Colleges or Universities);(C) a post-secondary educational institution established in and offering qualifying real estate courses in another state;(D) a United States armed forces institute; and(E) a nationally recognized professional designation institute or council in the real estate industry.(2) The following persons may submit real estate inspector qualifying courses for approval for credit under §535.62(i) of this subchapter without becoming an approved provider of qualifying courses:(A) a provider approved by an inspector regulatory agency of another state that has approval requirements for providers that are substantially equivalent to the requirements for approval in this state;(B) a public high school or an accredited college or university in accordance with §535.66 of this subchapter;(C) a United States armed forces institute;(D) a unit of federal, state or local government;(E) a nationally recognized building, electrical, plumbing, mechanical or fire code organization;(F) a professional trade association in the inspection field or in a related technical field; or(G) an entity whose courses are approved and regulated by an agency of this state.(3) The following persons may submit easement or right-of-way qualifying courses for approval for credit in §535.62(i) of this subchapter without becoming an approved provider of qualifying courses:(A) a public high school or an accredited college or university in accordance with §535.66 of this subchapter; and(B) a United States armed forces institute.(c) Standards for approval. To be approved as a provider by the Commission, the applicant must meet the following standards:(1) the applicant must satisfy the Commission as to the applicant's ability to administer courses with competency, honesty, trustworthiness and integrity. If the applicant proposes to employ another person to manage the operation of the applicant, that person must meet this standard as if that person were the applicant; (2) the applicant must demonstrate that the applicant has sufficient financial resources to conduct its proposed operations on a continuing basis without risk of loss to students taking courses; and(3) that any proposed facilities will be adequate and safe for conducting courses.(d) Financial review. An applicant shall provide the following information to enable the Commission to determine if an applicant has sufficient financial resources to conduct its proposed operations:(1) business financial statements prepared in accordance with generally accepted accounting principles, which shall include a current income statement and balance sheet;(2) a proposed budget for the first year of operation; and(3) a market survey indicating the anticipated enrollment for the first year of operation.(e) Insufficient financial condition. The existence of any of the following conditions shall constitute prima facie evidence that an applicant's financial condition is insufficient:(1) nonpayment of a liability when due, if the balance due is greater than 5% of the approved provider's current assets in the current or prior accounting period;(2) nonpayment of three or more liabilities when due, in the current or prior accounting period, regardless of the balance due for each liability;(3) a pattern of nonpayment of liabilities when due, in two or more accounting periods, even if the liabilities ultimately are repaid;(4) a current ratio of less than 1.75 for the current or prior accounting period, this ratio being total current assets divided by total current liabilities;(5) a quick ratio of less than 1.60 for the current or prior accounting period, this ratio being the sum of all cash equivalents, marketable securities, and net receivables divided by total current liabilities;(6) a cash ratio of less than 1.40 for the current or prior accounting period, this ratio being the sum of cash equivalents and marketable securities divided by total current liabilities;(7) a debt ratio of more than .40 for the current or prior accounting period, this ratio being total liabilities divided by total assets;(8) a debt-to-equity ratio of greater than .60 for the current or prior accounting period, this ratio being total liabilities divided by owners' or shareholders' equity;(9) a final judgment obtained against the approved provider for nonpayment of a liability which remains unpaid more than 30 days after becoming final; or(10) the execution of a writ of garnishment on any of the assets of the approved provider.(f) Approval notice. An applicant shall not act as or represent itself to be an approved provider until the applicant has received written notice of approval from the Commission.(g) Period of initial approval. The initial approval of a provider of qualifying courses is valid for four years.(h) Statutory bond or other security. An approved provider whose statutory bond or other security has been cancelled will be placed on inactive status until the bond or security is reinstated.(i) Payment of an annual operation fee.(1) An approved provider shall submit the Commission approved form and pay an annual operation fee prescribed by §535.101 of this chapter no later than the last day of the month of each anniversary date of the provider's approval.(2) An approved provider who fails to pay the annual operation fee as prescribed shall be placed on inactive status and notified in writing by the Commission.(3) The approved provider will remain on inactive status and unable to offer courses until the annual fee is paid.(4) The Commission will not give credit for courses offered by a provider on inactive status.(j) Denial of application.(1) If the Commission determines that an applicant does not meet the standards for approval, the Commission will provide written notice of denial to the applicant.(2) The denial notice, applicant's request for a hearing on the denial, and any hearing are governed by the Administrative Procedure Act, Chapter 2001, Texas Government Code, and Chapter 533 of this title (relating to Practice and Procedure).(k) Renewal.(1) A provider may not enroll a student in a course during the 60-day period immediately before the expiration of the provider's current approval unless the provider has submitted an application for renewal for another four year period not later than the 60th day before the date of expiration of its current approval.(2) Approval or disapproval of a renewal shall be subject to:(A) the standards for initial applications for approval set out in this section; and(B) whether the approved provider has met or exceeded the exam passage rate benchmark established by the Commission under subsection (l) of this section.(3) The Commission will not require a financial review for renewal if the applicant has provided a statutory bond or other security acceptable to the Commission under §1101.302 of the Act, and there are no unsatisfied final money judgments against the applicant.(4) The Commission may deny an application for renewal if the provider is in violation of a Commission order.(l) Exam passage rates and benchmark.(1) The exam passage rate for an approved provider shall be:(A) calculated for each license category for which the provider offers courses and an examination is required; and(B) displayed on the Commission website by license category.(2) A student is affiliated with a provider under this subsection if the student took the majority of his or her qualifying education with the provider in the two year period prior to taking the exam for the first time.(3) The Commission will calculate the exam passage rate of an approved provider on a monthly basis, rounded to two decimal places on the final calculated figure, by:(A) determining the number of students affiliated with that approved provider who passed the examination on their first attempt in the two-year period ending on the last day of the previous month; and(B) dividing that number by the total number of students affiliated with that provider who took the exam for the first time during that same period.(4) For purposes of approving a renewal application under subsection (j) of this section, the established exam passage rate benchmark for each license category is 80% of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month.(5) If at the time the Commission receives a renewal application from the provider requesting approval for another four year term, the provider's exam passage rate does not meet the established benchmark for a license category the provider will be:(A) denied approval to continue offering courses for that license category if the provider's exam passage rate is less than 50% of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month; or(B) placed on probation by the Commission if the provider's exam passage rate is greater than 50% but less than 80% of the average percentage of the total examinees for that license category who passed the examination on the first attempt in the two year period ending on the last day of the previous month.(6) The exam passage rate of a provider on probation will be reviewed annually at the time the annual operating fee is due to determine if the provider can be removed from probation, remain on probation or have its license revoked, based on the criteria set out in paragraph (5) of this subsection.", "sourceNote": "Source Note: The provisions of this §535.61 adopted\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8226; amended to be effective March 6,\r\n2017, 42 TexReg 1027; amended to be effective September 2, 2019, 44\r\nTexReg 4735; amended to be effective December 11, 2019, 44 TexReg\r\n7703; amended to be effective September 1, 2022, 47 TexReg 3053; amended\r\nto be effective June 11, 2023, 48 TexReg 2948; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5705; amended to be effective January\r\n1, 2026, 50 TexReg 7571." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225963&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225963", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION" }, "rule": { "number": "§535.62", "label": "Approval of Qualifying Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213807", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application for approval of a qualifying course.(1) For each qualifying course a provider intends to offer, the provider must:(A) submit the course application and course approval forms, including all materials required using a process acceptable to the Commission; and(B) pay the fee required by §535.101 or §535.210 of this title.(2) A provider may file a single application for a qualifying course offered through multiple delivery methods. A fee is required for content and examination review of each qualifying course and for each distinct delivery method utilized by a provider for that course.(3) A provider who seeks approval of a new delivery method for a currently approved qualifying course must submit a new application and pay all required fees, including a fee for content and examination review.(4) The Commission may:(A) request additional information be provided to the Commission relating to an application;(B) terminate an application without further notice if the applicant fails to provide the additional information not later than the 60th day after the Commission mails the request; and(C) prior to approval of a proposed qualifying real estate inspector course, submit the course to the Texas Real Estate Inspector Committee for review and recommendation.(b) Standards for course approval. To be approved as a qualifying course by the Commission, a provider must satisfy the Commission that the course:(1) covers all topics and units for the course subject required by the Act, Chapter 1102 and this chapter;(2) covers all units within the prescribed topic;(3) contains sufficient content to satisfy the number of hours for which credit is being requested as evidenced by:(A) word count studies;(B) samples of student time studies; or(C) other methods acceptable to the Commission;(4) will be scheduled for the full clock hours of time for which credit is awarded and presented in full hourly units;(5) does not have daily course segments that exceed 12 hours;(6) will be delivered by one of the following delivery methods:(A) classroom delivery;(B) distance education delivery; or(C) a combination of (A) and (B) of this paragraph, if at least 50% of the combined course is offered by classroom delivery;(7) include at a minimum, the following methods to assess a student's comprehension of the course material:(A) topic quizzes, with at least three questions related to the subject matter in each course topic;(B) at least one scenario-based learning exercise per every increment of 10 credit hours or less; and(C) if the course is delivered by distance education delivery:(i) prevent the student from moving from one topic to the next topic until the student answers all topic quiz questions correctly and receives a passing grade on the scenario based learning exercises; and(ii) for quiz questions answered incorrectly, employ a method to present the rationale behind the correct answer and ask a subsequent related quiz question that will count toward passing the topic if answered correctly; and(8) include at least four versions of a final examination, and ensure that each version of the examination:(A) covers each topic required by the Act or Rules for the specific course;(B) does not contain any true/false questions;(C) does not repeat more than one third of the questions from other versions of the final examination;(D) for all qualifying courses other than a real estate math course:(i) consists of at least two questions per credit course hour; and(ii) draws from a question bank consisting of at least four questions per credit course hour; and(E) for all qualifying real estate math courses, consists of at least 20 questions that are drawn from a question bank consisting of at least 40 questions.(c) If the course is currently certified by a distance learning certification center acceptable to the Commission, the provider will be deemed to have met requirements for verification of clock/course hours for distance education delivery.(d) Approval of currently approved courses by a secondary provider.(1) If a secondary provider wants to offer a course currently approved for another provider, the secondary provider must:(A) submit, using a process acceptable to the Commission: (i) the course application and approval forms including all materials required; and(ii) authorization to the Commission from the owner of the rights to the course material granting permission for the secondary provider to offer the course; and(B) pay the fee required by §535.101 or §535.210 of this title.(2) If approved to offer the previously approved course, the secondary provider is required to:(A) offer the course as originally approved, assume the original expiration date, include any approved revisions, use all materials required for the course; and(B) meet the requirements of §535.65 of this title.(e) Required revision of a currently approved qualifying course.(1) Providers are responsible for keeping current on changes to the Act and Commission Rules and must revise or supplement materials for approved courses when changes are adopted on or before the effective date of those statutes or rules.(2) If the Commission adopts new requirements for a course, including but not limited to a course approval form that divides selected qualifying course subjects into topics and units, the Commission will determine, at the time the Commission adopts the new requirements, whether a provider must revise the course or supplement the course. Any provider currently offering a course that is subject to change must:(A) revise or supplement any currently approved classroom qualifying course covering that subject no later than 12 months after the effective date of the new requirements; and(B) revise or supplement any currently approved qualifying course offered by distance or combination delivery no later than 15 months after the effective date of the new requirements.(3) If the Commission determines that a qualifying course should be supplemented, a provider must submit the supplemental materials required by the Commission. No fee will be required and the course will maintain its original expiration date.(4) If the Commission determines that a qualifying course should be revised, a provider must:(A) submit the course application and approval forms including all materials required using a process acceptable to the Commission; and(B) pay the fee required by §535.101 or §535.210 of this title.(5) A provider may not offer a course for qualifying credit after the deadlines established by this subsection following a required revision or supplement if the provider has not received written approval from the Commission to offer the revised or supplemented course.(6) If a provider paid a fee for the initial course approval, the provider will receive a prorated credit on the fee paid under this subsection for a revised course for the unexpired time remaining on that initial approval. The Commission will calculate the prorated credit by dividing the fee paid for the initial approval by 48 months and multiplying that amount by the number of full months remaining between the approval date of the revised course and the expiration date of the currently approved version of the course.(7) A revised course approved under this subsection expires four years from the date of approval of the revision.(8) No later than 90 days before the effective date of a revised or supplemented course, a provider shall send written notice to all students who have purchased the currently approved course and not completed it, that credit will no longer be given for the current course as of the effective date of the revised or supplemented course.(9) If an approved provider fails to give the notice set out in paragraph (8) of this subsection, the provider shall allow the student to take the revised or supplemented course at no additional charge.(f) Voluntary revision of a currently approved qualifying course.(1) A provider who voluntarily revises a currently approved course, shall, prior to implementation of any course materials:(A) file any updated course materials and revisions of the course outline with the Commission; and(B) pay the fee required by §535.101 and §535.210 of this title.(2) If after review the Commission is not satisfied with the updated course materials and revised course outline, the Commission may direct a provider to:(A) further revise the materials;(B) cease use of materials; or(C) withdraw a course text.(3) If a provider paid a fee for the initial course approval, the provider will receive a prorated credit on the fee paid under this subsection for the unexpired time remaining on that initial approval. The Commission will calculate the prorated credit by dividing the fee paid for the initial approval by 48 months and multiplying that amount by the number of full months remaining between the approval date of the revised course and the expiration date of the currently approved version of the course.(4) A revised course approved under this subsection expires four years from the date of approval of the revision.(5) No later than 90 days before the effective date of a revised course, a provider shall send written notice to all students who have purchased the currently approved course and not completed it, that credit will no longer be given for the current course as of the effective date of the revised course.(6) If an approved provider fails to give the notice set out in paragraph (5) of this subsection, the provider shall allow the student to take the revised course at no additional charge.(g) Approval and Expiration of approval.(1) A Qualifying provider shall not offer qualifying education courses until the provider has received written notice of the approval from the Commission.(2) A Qualifying course expires four years from the date of approval and providers must reapply and meet all current requirements of this Section to offer the course for another four years.(3) Courses approved for use by a secondary provider under subsection (d) of this section or approved for additional delivery methods under subsection (a)(3) of this section expire on the same date that the originally approved course expires.(h) Renewal of course approval.(1) Not earlier than 90 days before the expiration of a course approval, a provider may apply for a renewal of course approval for another four-year period.(2) Approval of an application to renew course approval shall be subject to the standards for initial approval set out in this section.(3) The Commission may deny an application to renew course approval if the provider is in violation of a Commission order.(i) Course preapproval for exempt providers.(1) Providers exempt from approval by the Commission may submit courses to the Commission for preapproval by meeting the standards for course approval under this section, including submitting all applicable forms and fees.(2) Any course offered by an exempt provider without preapproval by the Commission will be evaluated by the Commission to determine whether it qualifies for credit at such time as a student submits a course completion certificate to the Commission for credit.(3) The Commission will determine whether or not a course offered by an exempt provider without preapproval by the Commission qualifies for credit using the standards set out under this section.(4) An exempt provider may not represent that a course qualifies for credit by the Commission unless the exempt provider receives written confirmation from the Commission that the course has been preapproved for credit.", "sourceNote": "Source Note: The provisions of this §535.62 adopted\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8226; amended to be effective December\r\n7, 2016, 41 TexReg 9521; amended to be effective December 9, 2018,\r\n43 TexReg 7898; amended to be effective December 11, 2019, 44 TexReg\r\n7702; amended to be effective September 3, 2025, 50 TexReg 5705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213807&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213807", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION" }, "rule": { "number": "§535.63", "label": "Qualifications for Instructors of Qualifying Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225964", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provider must ensure that an instructor who teaches real estate, easement or right-of-way, or real estate inspection qualifying courses is competent in the subject matter to be taught and has the ability to teach effectively.(b) Except as provided by subsection (c) of this section, the provider must use an instructor who possesses the following qualifications:(1) a college degree in the subject area to be taught and three years of experience in teaching or training;(2) five years of active experience as a license holder (broker for Real Estate Brokerage and Broker Responsibility courses) and three years of experience in teaching or training; or(3) the equivalent of subsection (b)(1) or (2) of this section as determined by the provider after consideration of the instructor's professional experience, research, authorship, or other significant endeavors in real estate, easement or right-of-way, or real estate inspection.(c) For Texas Standards of Practice or Inspector Legal and Ethics and Standards of Practice Review, the provider must use an instructor who has five years of active licensure as a Texas professional inspector, and has:(1) performed a minimum of 200 real estate inspections as a Texas professional inspector; or(2) three years of experience in teaching and/or sponsoring trainees or inspectors.", "sourceNote": "Source Note: The provisions of this §535.63 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8226; amended to be effective May 23, 2016, 41 TexReg 3695; amended to be effective May 24, 2017, 42 TexReg 2724; amended to be effective September 2, 2019, 44 TexReg 4736; amended to be effective September 1, 2022, 47 TexReg 3053; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225964&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225964", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION" }, "rule": { "number": "§535.64", "label": "Content Requirements for Qualifying Real Estate Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225966", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mandatory qualifying courses. To be approved by the Commission, the following mandatory qualifying courses must contain the content outlined below:(1) Principles of Real Estate I shall contain the topics and units outlined in the PRINS 1-1, Qualifying Real Estate Course Approval Form, Principles of Real Estate I, hereby adopted by reference.(2) Principles of Real Estate II shall contain the topics and units outlined in the PRINS 2-1, Qualifying Real Estate Course Approval Form, Principles of Real Estate II, hereby adopted by reference.(3) Law of Agency shall contain the topics and units outlined in the LOA-1, Qualifying Real Estate Course Approval Form, Law of Agency, hereby adopted by reference.(4) Law of Contracts shall contain the topics and units outlined in the LOC-0, Qualifying Real Estate Course Approval Form, Law of Contracts, hereby adopted by reference.(5) Promulgated Contract Forms shall contain the topics and units outlined in the PCF-0, Qualifying Real Estate Course Approval Form, Promulgated Contract Forms, hereby adopted by reference.(6) Real Estate Finance shall contain the topics and units outlined in the REF-0, Qualifying Real Estate Course Approval Form, Real Estate Finance, hereby adopted by reference.(7) Real Estate Brokerage (mandatory for a broker's license) shall contain the topics and units outlined in the REB-1, Qualifying Real Estate Course Approval Form, Real Estate Brokerage, hereby adopted by reference.(b) Elective qualifying courses. To be approved by the Commission, the following elective qualifying courses must contain the content outlined below.(1) Residential Property Management shall contain the topics and units outlined in the PROPM-1, Qualifying Real Estate Course Approval Form, Residential Property Management, hereby adopted by reference.(2) Real Estate Marketing shall contain the topics and units outlined in the REM-0, Qualifying Real Estate Course Approval Form, Real Estate Marketing, hereby adopted by reference.(3) Real Estate Math shall contain the topics and units outlined in the REMath-0, Qualifying Real Estate Course Approval Form, Real Estate Math, hereby adopted by reference.(4) Real Estate Appraisal shall contain the topics outlined in the REA-0, Qualifying Real Estate Course Approval Form, Real Estate Appraisal, hereby adopted by reference.(5) Real Estate Investment shall contain the topics outlined in the REI-0, Qualifying Real Estate Course Approval Form, Real Estate Investment, hereby adopted by reference.(6) Real Estate Law shall contain the topics outlined in the REL-0, Qualifying Real Estate Course Approval Form, Real Estate Law, hereby adopted by reference.(7) Residential Inspection for Real Estate Agents shall contain the outlined in the RIREA-0, Qualifying Real Estate Course Approval Form, Residential Inspection for Real Estate Agents, hereby adopted by reference.(8) A 30 hour advanced course on any qualifying course subject matter or a combination of several different qualifying course subject matter topics as set out in subsections (a) and (b) of this section.(c) Course Approval forms. All forms adopted by this section are available from the Texas Real Estate Commission at www.trec.texas.gov.", "sourceNote": "Source Note: The provisions of this §535.64 adopted to be\r\neffective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8226; amended to be effective May 23, 2016,\r\n41 TexReg 3695; amended to be effective September 7, 2016, 41 TexReg\r\n6738; amended to be effective March 6, 2017, 42 TexReg 1028; amended\r\nto be effective May 24, 2017, 42 TexReg 2725; amended to be effective\r\nAugust 28, 2017, 42 TexReg 4306; amended to be effective October 1,\r\n2023, 48 TexReg 2953; amended to be effective September 11, 2024,\r\n49 TexReg 7040; amended to be effective September 3, 2025, 50 TexReg 5705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225966&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225966", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION" }, "rule": { "number": "§535.65", "label": "Responsibilities and Operations of Providers of Qualifying Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226837", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Responsibility of Providers.(1) A provider is responsible for:(A) the administration of each course, including, but not limited to, compliance with any prescribed period of time for any required course topics required by the Act, Chapter 1102, and Commission rules;(B) maintaining student attendance records and pre-enrollment agreements;(C) verifying instructor qualification, performance and attendance;(D) proper examination administration;(E) validation of student identity acceptable to the Commission;(F) maintaining student course completion records;(G) ensuring all advertising complies with subsection (c) of this section;(H) ensuring that instructors or other persons do not recruit or solicit prospective sales agents, brokers, easement or right-of-way agents, or inspectors during course presentation; and(I) ensuring staff is reasonably available for public inquiry and assistance.(2) A provider may not promote the sale of goods or services during the presentation of a course.(3) A provider may remove a student and not award credit if a student does not participate in class, or disrupts the orderly conduct of a class, after being warned by the provider or the instructor. (4) If a provider approved by the Commission does not maintain a fixed office in Texas for the duration of the provider's approval to offer courses, the provider shall designate a resident of this state as attorney-in-fact to accept service of process and act as custodian of any records in Texas that the provider is required to maintain by this section. A power-of-attorney designating the resident must be filed with the Commission in a form acceptable to the Commission. (b) Use of Qualified Instructor.(1) Except as provided by this subsection, a provider must use an instructor that is currently qualified under §535.63 of this subchapter (relating to Qualifications for Instructors of Qualifying Courses) to teach the specified course.(2) Each instructor shall be selected on the basis of expertise in the subject area of instruction and ability as an instructor.(3) A provider shall require specialized training or work experience for instructors teaching specialized subjects such as law, appraisal, investments, taxation or home inspection.(4) An instructor shall teach a course in substantially the same manner represented to the Commission in the instructor's manual or other documents filed with the application for course approval. (5) A provider may use the services of a guest instructor who does not meet the instructor qualifications under §535.63 of this subchapter for qualifying real estate, easement or right-of-way, or inspector courses provided that person instructs for no more than 10% of the total course time.(c) Advertising.(1) The following practices are prohibited:(A) using any advertising which does not clearly and conspicuously contain the provider's name on the first page or screen of the advertising;(B) representing that the provider's program is the only vehicle by which a person may satisfy educational requirements;(C) conveying a false impression of the provider's size, superiority, importance, location, equipment or facilities, except that a provider may use objective information published by the Commission regarding pass rates if the provider also displays next to the passage rate in a readily noticeable fashion:(i) A hyperlink to the Commission website's Education Provider Exam Passage Rate page labeled \"TREC Provider Exam Pass Rates\" for digital media; or(ii) A URL to the Commission website's Education Provider Exam Passage Rate page labeled \"TREC Provider Exam Pass Rates\" for non-digital media;(D) promoting the provider directly or indirectly as a job placement agency, unless the provider is participating in a program recognized by federal, state, or local government and is providing job placement services to the extent the services are required by the program;(E) making any statement which is misleading, likely to deceive the public, or which in any manner tends to create a misleading impression;(F) advertising a course under a course name other than the course name approved by the Commission; or(G) advertising using a name that implies the course provider is the Texas Real Estate Commission, including use of the acronym \"TREC\", in all or part of the course provider's name.(2) Any written advertisement by a provider that includes a fee that the provider charges for a course must display any additional fees that the provider charges for the course in the same place in the advertisement and with the same degree of prominence.(3) The provider shall advertise a course for the full clock hours of time for which credit is awarded.(4) The provider is responsible for and subject to sanctions for any violation of this subsection by any affiliate or other third party marketer or web hosting site associated with or used by the provider.(d) Pre-enrollment agreements for approved providers.(1) Prior to a student enrolling in a course, a provider approved by the Commission shall provide the student with a pre-enrollment agreement that includes all of the following information:(A) the tuition for the course;(B) an itemized list of any fees charged by the provider for supplies, materials, or books needed in course work;(C) the provider's policy regarding the refund of tuition and other fees, including a statement addressing refund policy when a student is dismissed or withdraws voluntarily;(D) the attendance requirements;(E) the acceptable makeup procedures, including any applicable time limits and any fees that may be charged for makeup sessions;(F) the procedure and fees, if applicable, associated with exam proctoring;(G) the procedure and fees for taking any permitted makeup final examination or any permitted re-examination, including any applicable time limits; and(H) the notices regarding potential ineligibility for a license based on criminal history required by §53.152, Texas Occupations Code.(2) A pre-enrollment agreement must be signed by a representative of the provider and the student prior to commencement of the course.(e) Refund of fees by approved provider.(1) A provider shall establish written policies governing refunds and contingency plans in the event of course cancellation.(2) If a provider approved by the Commission cancels a course, the provider shall:(A) fully refund all fees collected from students within a reasonable time; or(B) at the student's option, credit the student for another course.(3) The provider shall inform the Commission when a student requests a refund because of a withdrawal due to the student's dissatisfaction with the quality of the course.(4) If a provider fails to give the notice required by subsection (d)(1)(H) of this section, and an individual's application for a license is denied by the Commission because the individual has been convicted of a criminal offense, the provider shall reimburse the individual the amounts required by §53.153, Texas Occupations Code.(f) Course materials.(1) Before the course starts, a provider shall give each student copies of or, if a student has online access, provide online access to any materials to be used for the course.(2) A provider shall update course materials to ensure that current and accurate information is provided to students as provided for under §535.62 of this subchapter (relating to Approval of Qualifying Courses).(g) Presentation of courses.(1) Classroom Delivery.(A) The location for the course must:(i) be conducive to instruction, such as a classroom, training room, conference room, or assembly hall that is separate and apart from work areas;(ii) be adequate for the class size;(iii) pose no threat to the health or safety of students; and(iv) allow the instructor to see and hear each student and the students to see and hear the instructor, including when offered through the use of technology.(B) The provider must:(i) verify the identification of each student at class sign up and when signing in for each subsequent meeting of the class;(ii) ensure the student is present for the course for the hours of time for which credit is awarded;(iii) provide a 10 minute break per hour at least every two hours; and(iv) not have daily course segments that exceed 12 hours.(C) For a qualifying or non-elective continuing education classroom delivery course delivered through the use of technology where there are more than 20 students registered for the course, the provider will also use a monitor to verify identification of each student, monitor active participation of each student and facilitate questions for the instructor.(D) Makeup Session for Classroom Courses.(i) A provider may permit a student who attends at least two-thirds of an originally scheduled qualifying course to complete a makeup session to satisfy attendance requirements.(ii) A member of the provider's staff must approve the makeup procedure to be followed. Acceptable makeup procedures are:(I) attendance in corresponding class sessions in a subsequent offering of the same course; or(II) the supervised presentation by audio or video recording of the class sessions actually missed.(iii) A student shall complete all class makeup sessions no later than the 90th day after the date of the completion of the original course.(iv) A student who attends less than two-thirds of the originally scheduled qualifying course is not eligible to complete a makeup session. The student shall automatically be dropped from the course with no credit.(2) Distance Education Delivery. The provider must ensure that:(A) the student taking all topics of the course and completing all quizzes and exercises is the student receiving credit for the course through a student identity verification process acceptable to the Commission;(B) a qualified instructor is available to answer students' questions or provide assistance as necessary in a timely manner;(C) a student has completed all instructional modules and attended any hours of live instruction required for a given course; and(D) a qualified instructor is responsible for providing answers and rationale for the grading of the course work.(3) A provider is not required to present topics in the order outlined for a course on the corresponding course approval form.(4) The periods of time prescribed to each unit of a topic for a qualifying course as outlined on the corresponding course approval form are recommendations and may be altered to allow instructors flexibility to meet the particular needs of their students.(5) Notwithstanding subsections (3) - (4) of this section, all units must be presented within the prescribed topic.(h) Course examinations.(1) The final examination given at the end of each course must be given in the manner submitted to and approved by the Commission. (2) Final examination questions must be kept confidential and be significantly different from any quiz questions and exercises used in the course.(3) A provider shall not permit a student to view or take a final examination before the completion of regular course work and any makeup sessions required by this section.(4) A provider must rotate all versions of the examination required by §535.62(b)(7) of this subchapter throughout the approval period for a course in a manner acceptable to the Commission and must require an unweighted passing score of 70%.(5) A provider must administer the examination under conditions that ensure the student taking the examination is the student who registered for and took the course. (6) A provider may not give credit to a student who fails a final examination and a subsequent final examination as provided for in subsection (i) of this section. (i) Subsequent final course examination.(1) If a student fails a final course examination, a provider may permit the student to take a subsequent final examination only after the student has completed any additional course work prescribed by the provider.(2) A student shall complete the subsequent final examination no later than the 90th day after the date the original class concludes. The subsequent final examination must be a different version of the original final examination given to the student and must comply with §535.62(b)(8) of this subchapter and subsection (h) of this section.(3) If a student fails to timely complete the subsequent final examination as required by this subsection, the student shall be automatically dropped from the course with no credit.(4) A student who fails the final course examination a second time is required to retake the course and the final course examination.(j) Course completion certificate.(1) Upon successful completion of a qualifying course, a provider shall issue a course completion certificate. The course completion certificate shall include:(A) the provider's name and approval number;(B) the instructor's name;(C) the course title;(D) course numbers;(E) the number of classroom credit hours;(F) the course delivery method;(G) the dates the student began and completed the course; and(H) the printed name and signature of an official of the provider on record with the Commission.(2) A provider may withhold any official completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider.(3) A provider shall maintain adequate security against forgery for official completion documentation required by this subsection. (k) Instructor and course evaluations.(1) A provider shall provide each student enrolled in a course with an instructor and course evaluation form or provide a link to an online version of the form that a student can complete and submit any time after course completion.(2) An instructor may not be present when a student is completing the evaluation form and may not be involved in any manner with the evaluation process.(3) When evaluating an instructor or course, a provider shall use all of the questions from the evaluation form approved by the Commission, in the same order as listed on that form. A provider may add additional questions to the end of the Commission evaluation questions or request the students to also complete the provider's evaluation form.(4) A provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.(5) At the Commission's request, a provider shall produce instructor and course evaluation forms for inspection by Commission staff.(l) Maintenance of records for a provider of qualifying courses.(1) A provider shall maintain records of each student enrolled in a course for a minimum of four years following completion of the course, including course and instructor evaluations and student enrollment agreements.(2) A provider shall maintain financial records sufficient to reflect at any time the financial condition of the school.(3) A school's financial statement and balance sheets must be available for audit by Commission staff, and the Commission may require presentation of financial statements or other financial records.(4) All records may be maintained electronically but must be in a common format that is legible and easily printed or viewed without additional manipulation or special software.(m) Changes in ownership or operation of an approved provider of qualifying courses.(1) An approved provider shall obtain the approval of the Commission at least 30 days in advance of any material change in the operations of the provider by submitting the Qualifying Education Provider Supplement Application using a process acceptable to the Commission, including but not limited to changes in:(A) operations or records management; and(B) the location of the main office and any other locations where courses are offered.(2) An approved provider requesting approval of a change in ownership shall provide all of the following information or documents using a process acceptable to the Commission:(A) an Education Provider Application reflecting all required information for each owner and the required fee;(B) a Principal Information Form for each proposed new owner who holds at least 10% interest in the school;(C) financial documents to satisfy standards imposed by §535.61 of this subchapter (relating to Approval of Providers of Qualifying Courses), including a $20,000 surety bond for the proposed new owner; and(D) business documentation reflecting the change.", "sourceNote": "Source Note: The provisions of this §535.65 adopted\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8226; amended to be effective December\r\n7, 2016, 41 TexReg 9522; amended to be effective May 24, 2017, 42\r\nTexReg 2725; amended to be effective March 5, 2018, 43 TexReg 1279;\r\namended to be effective December 9, 2018, 43 TexReg 7898; amended\r\nto be effective September 2, 2019, 44 TexReg 4735; amended to be effective\r\nAugust 31, 2020, 45 TexReg 6113; amended to be effective September\r\n1, 2022, 47 TexReg 3053; amended to be effective June 11, 2023, 48\r\nTexReg 2948; amended to be effective September 3, 2025, 50 TexReg\r\n5705." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226837", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION" }, "rule": { "number": "§535.66", "label": "Credit for Courses Offered by Accredited Colleges or Universities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213810", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of this section, an \"accredited college or university\" is defined as a college or university accredited by a regional accrediting association, such as the Commission on Colleges of the Southern Association of Colleges and Schools, or by a recognized national or international accrediting body.(b) Exemption. Pursuant to §1101.301, Texas Occupations Code, the Commission does not approve qualifying educational programs or courses of study in real estate and real estate inspection offered by a public high school or an accredited college or university; however, the Commission has the authority to determine whether a real estate or real estate inspection course satisfies the requirements of the Act and Chapter 1102.(c) Credit for real estate courses offered by a public high school or an accredited college or university. To be eligible to receive credit by the Commission, qualifying courses offered by a public high school or an accredited college or university must meet the following requirements:(1) cover the subject and topics required by §1101.003, Texas Occupations Code, or §535.64 of this subchapter (relating to Content Requirements for Qualifying Real Estate Courses); and(2) comply with the curriculum accreditation standards required of the public school, college, or university by the applicable accreditation agency or association for verification of clock/course hours, design and delivery method.(d) Credit for real estate inspector courses offered by a public high school or an accredited college or university. To be eligible to receive credit by the Commission, qualifying courses offered by a public high school or an accredited college or university meet the following requirements:(1) meet the subject and topic definitions set out in §1102.001(5), Texas Occupations Code, as clarified by the Commission in §535.213 of this chapter (relating to Qualifying Real Estate Inspector Instructors and Courses); and(2) comply with the curriculum accreditation standards required of the public school, college, or university by the applicable accreditation agency or association for verification of clock/course hours, design and delivery method.(3) any courses offered to fulfill the substitute experience requirements allowed under §1102.111 must meet the requirements set out in §535.214 of this chapter (relating to Education and Experience Requirements for a License).(e) Credit for easement or right-of-way courses offered by a public high school or an accredited college or university. To be eligible to receive credit by the Commission, qualifying courses offered by a public high school or an accredited college or university must meet the following requirements:(1) cover the subject and topics set out in §1101.509, Occupations Code, in substantially the same manner as clarified by the Commission in §535.68 of this subchapter (relating to Content Requirements for Easement or Right-of-Way Qualifying Course); and(2) comply with the curriculum accreditation standards required of the public school, college, or university by the applicable accreditation agency or association for verification of clock/course hours, design, and delivery method.(f) Preapproval of a course offered under subsections (c), (d), or (e).(1) A public high school or an accredited college and university may submit qualifying courses to the Commission for preapproval by using a process acceptable to the Commission.(2) Any course offered by a public high school or an accredited college or university without preapproval by the Commission will be evaluated by the Commission, using the standards set out in this section, to determine whether it qualifies for credit at such time as a student submits a transcript with the course to the Commission for credit.(3) A public high school or an accredited college or university may not represent that a course qualifies for credit by the Commission unless the public high school or accredited college or university receives written confirmation from the Commission that the course has been preapproved for credit.(g) Required approval of qualifying courses not offered under subsections (c), (d), or (e) of this section or that are not subject to academic accreditation standards.(1) To be eligible for credit from the Commission, a qualifying course offered by a public high school or an accredited college and university that is not offered under subsections (c), (d), or (e) of this section or that is not subject to academic accreditation standards is required to be submitted for approval by the Commission in accordance with §535.62 of this subchapter (relating to Approval of Qualifying Courses), including payment of any fee required.(2) A public high school or an accredited college or university may not represent that a course qualifies for credit by the Commission unless the public high school or accredited college or university receives written confirmation from the Commission that the course has been approved.(h) Complaints and audits.(1) If the Commission receives a complaint, or is presented with other evidence acceptable to the Commission, alleging that public high school or an accredited college or university is not in compliance with their accreditation agency's or association's curriculum accreditation standards for a real estate, easement or right-of-way, or real estate inspection course offered under subsections (c), (d), or (e) of this section, or is not complying with the requirements of this subchapter for a real estate, easement or right-of-way, or real estate inspection course not offered under subsections (c), (d), or (e) of this section, the Commission may investigate the allegation and/or anonymously audit the course in question.(2) If after an investigation and/or audit, the Commission determines that a public high school or an accredited college or university is not in compliance with their accreditation agency's or association's curriculum accreditation standards for a real estate, easement or right-of-way, or real estate inspection course offered under subsections (c), (d), or (e), or is not complying with the requirements of this subchapter for a real estate, easement or right-of-way, or real estate inspection course not offered under subsections (c), (d), or (e) of this section, the Commission will no longer issue credit to applicants for that course.(i) Required approval of CE program and courses. A public high school or an accredited college or university is not exempt from approval for real estate and real estate inspection CE programs and courses and must comply with all requirements for approval for providers, courses and instructors required by Subchapter G of this chapter.", "sourceNote": "Source Note: The provisions of this §535.66 adopted to be\r\neffective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8226; amended to be effective September\r\n1, 2022, 47 TexReg 3053; amended to be effective June 11, 2023, 48\r\nTexReg 2948; amended to be effective September 3, 2025, 50 TexReg\r\n5705; amended to be effective January 1, 2026, 50 TexReg 7571." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213810", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION" }, "rule": { "number": "§535.67", "label": "Qualifying Education: Compliance and Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209053", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Audits.(1) The Commission staff may:(A) conduct on-site audits without prior notice to an approved provider; and(B) enroll and attend a course without identifying themselves as employees of the Commission for purposes of auditing a course.(2) An audit report indicating noncompliance with the Act or Commission rules may be treated as a written complaint against the approved provider concerned.(b) Complaints, investigations, and hearings.(1) The Commission shall investigate complaints against approved providers which allege acts constituting violations of the Act, Chapter 1102, and Commission rules.(2) Complaints must be in writing, and the Commission may not initiate an investigation, or take action against an approved provider based on an anonymous complaint.(3) Commission staff may initiate a complaint for any violation of the Act, Chapter 1102, and Commission rules, including a complaint against an approved provider, if a course completion certificate or other document filed with the Commission provides reasonable cause to believe a violation of this subchapter has occurred.(4) The Commission shall provide the approved provider named in the complaint a copy of the complaint.(5) Proceedings against approved providers will be conducted in the manner required by §1101.657 of the Act, the Administrative Procedure Act, Chapter 2001, Texas Government Code, and Chapter 533 of this title (relating to Practice and Procedure).(c) Cooperation with audit or complaint investigation. An approved provider shall provide records in the provider's possession for examination by the Commission or provide such information as is requested by the Commission not later than the 14th day after the date of receiving a request for examination of records or information.(d) Grounds for disciplinary action against an approved provider.(1) The following acts committed by an approved provider or qualified instructor acting on behalf of the provider, are grounds for disciplinary action by the Commission against the provider:(A) procuring or attempting to procure approval for a provider or course by fraud, misrepresentation or deceit, or by making a material misrepresentation of fact in an application filed with the Commission;(B) making a false representation to the Commission, either intentionally or negligently, that a person had attended a course or a portion of a course for which credit was awarded, that a person had completed an examination, or that the person had completed any other requirement for course credit;(C) aiding or abetting a person to circumvent the requirements for attendance established by these sections, the completion of any examination, or any other requirement for course credit;(D) failing to provide, not later than the 14th day after the date of a request, information requested by the Commission as a result of a complaint which would indicate a violation of these sections;(E) making a materially false statement to the Commission in response to a request from the Commission for information relating to a complaint against the approved provider;(F) disregarding or violating a provision of the Act or Commission rules; or(G) a provider of qualifying education failing to maintain sufficient financial resources to continue operation of the provider.(2) If the Commission receives a complaint, or is presented with other evidence acceptable to the Commission alleging that a provider or instructor is not adequately teaching to the curriculum standards as required by this chapter, the Commission may initiate a complaint against that provider.(3) If after an investigation the Commission determines that a provider or instructor engaged in any of the acts listed in this subsection, or failed to teach to the curriculum standards as required by this chapter, the Commission may take the following disciplinary action against a provider:(A) reprimand;(B) impose an administrative penalty;(C) require additional education; or(D) suspend or revoke approval.(e) Probation. The Commission may probate an order of suspension or revocation issued under this section upon reasonable terms and conditions.", "sourceNote": "Source Note: The provisions of this §535.67 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective December 11, 2019, 44 TexReg 7702; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209053", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "F", "label": "REQUIREMENTS FOR EDUCATION PROVIDERS, COURSES AND INSTRUCTORS FOR QUALIFYING EDUCATION" }, "rule": { "number": "§535.68", "label": "Content Requirements for Easement or Right-of-Way Qualifying Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225967", "queryAsDate": "03/11/2026" }, "ruleBody": "To be approved by the Commission, the easement or right-of-way mandatory qualifying course must contain the topics required by §1101.509(b), Texas Occupations Code, and the units outlined in the ERW_QE-0, Qualifying Easement or Right-of-Way Course Approval (ERW--QE-0) Form, hereby adopted by reference.", "sourceNote": "Source Note: The provisions of this §535.68 adopted to be effective September 1, 2022, 47 TexReg 3053." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225967", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS" }, "rule": { "number": "§535.70", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225968", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in Subchapter G of this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Broker Responsibility Course--The course required by §1101.458 of the Act.(2) CE--Continuing education.(3) CE instructor--A person chosen by a provider to teach continuing education courses.(4) CE provider--Any person approved by the Commission; or specifically exempt by the Act, Chapter 1102, Texas Occupation Code, or Commission rule; that offers a course for which continuing education credit may be granted by the Commission to a license holder or applicant.(5) Classroom delivery--A method of course delivery where the instructor and students interact face to face and in real time, in either the same physical location, or through the use of technology.(6) Distance education delivery--A method of course delivery other than classroom delivery, including online and correspondence delivery.(7) Combination delivery--A combination of classroom and distance education where at least 50% of the course is offered through classroom delivery.(8) Elective CE course--A continuing education course, other than a Non-elective CE course, approved by the Commission as acceptable to fulfil the continuing education hours needed to renew a license.(9) Non-elective CE course--A continuing education course, for which the subject matter of the course is specifically mandated by the Act, Chapter 1102, or Commission rule, that a license holder is required to take prior to renewal of a license.(10) Legal Update Courses--Required courses created for and approved by the Texas Real Estate Commission to satisfy the eight hours of continuing education required by §1101.455 of the Act.(11) Person--Any individual, partnership, corporation, or other legal entity, including a state agency or governmental subdivision.", "sourceNote": "Source Note: The provisions of this §535.70 adopted\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8237; amended to be effective December\r\n9, 2018, 43 TexReg 7904; amended to be effective December 11, 2019,\r\n44 TexReg 7703; amended to be effective September 3, 2025, 50 TexReg\r\n5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225968", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS" }, "rule": { "number": "§535.71", "label": "Approval of CE Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225971", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application for approval.(1) A person desiring to be approved by the Commission to offer real estate, easement or right-of-way, or real estate inspection continuing education courses shall:(A) file an application using a process acceptable to the Commission, with all required documentation;(B) submit the required fee under §535.101 of this chapter (relating to Fees) or §535.210 of this chapter (relating to Fees); and(C) maintain a fixed office in the state of Texas or designate a resident of this state as attorney-in-fact to accept service of process and act as custodian of any records in Texas which the continuing education provider is required to maintain by this subchapter. (2) The Commission may:(A) request additional information be provided to the Commission relating to an application; and(B) terminate an application without further notice if the applicant fails to provide the additional information not later than the 60th day after the Commission sends the request.(3) A CE provider is permitted to offer continuing education courses in real estate, easement or right-of-way, and real estate inspector that have been approved by the Commission.(b) Standards for approval. To be approved by the Commission to offer real estate, easement or right-of-way, or real estate inspector continuing education courses, the applicant must satisfy the Commission as to the applicant's ability to administer courses with competency, honesty, trustworthiness, and integrity. If the applicant proposes to employ another person to manage the operation of the applicant, that person must meet this standard as if that person were the applicant. (c) Approval notice. An applicant shall not act as or represent itself to be an approved CE provider until the applicant has received written notice of the approval from the Commission.(d) Period of initial approval. The initial approval of a CE provider is valid for two years.(e) Denial.(1) If the Commission determines that an applicant does not meet the standards for approval, the Commission will provide written notice of denial to the applicant.(2) The denial notice, applicant's request for a hearing on the denial, and any hearing are governed by the Administrative Procedure Act, Chapter 2001, Texas Government Code, and Chapter 533 of this title (relating to Practice and Procedure).(f) Renewal.(1) Not earlier than 90 days before the expiration of its current approval, an approved provider may apply for renewal for another two year period.(2) Approval or disapproval of a renewal application shall be subject to the standards for initial applications for approval set out in this section.(3) The Commission may deny an application for renewal if the provider is in violation of a Commission order.", "sourceNote": "Source Note: The provisions of this §535.71 adopted\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8237; amended to be effective December\r\n6, 2017, 42 TexReg 6801; amended to be effective December 11, 2019,\r\n44 TexReg 7703; amended to be effective September 1, 2022, 47 TexReg\r\n3053; amended to be effective June 11, 2023, 48 TexReg 2948; amended\r\nto be effective September 3, 2025, 50 TexReg 5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225971&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225971", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS" }, "rule": { "number": "§535.72", "label": "Approval of Non-elective Continuing Education Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225969", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements.(1) The non-elective continuing education courses must be conducted as prescribed by the rules in this subchapter.(2) Elective continuing education courses are approved and regulated under §535.73 of this subchapter (relating to Approval of Elective Continuing Education Courses).(b) Application for approval to offer non-elective real estate or inspector CE courses.(1) A CE provider seeking to offer a specific non-elective real estate or inspector CE course as outlined in this section shall:(A) for a non-elective real estate course:(i) submit a Real Estate Non-Elective Continuing Education CE Course Application to the Commission; and(ii) pay the fee required by §535.101 of this chapter (relating to Fees); and(B) for a non-elective real estate inspection course:(i) submit an Inspector Non-Elective Continuing Education CE Course Application to the Commission; and(ii) pay the fee required by §535.210 of this chapter (relating to Fees).(2) A provider may file a single application for a CE course offered through multiple delivery methods. A fee is required for content review of each CE course and for each distinct delivery method utilized by a provider for that course.(3) A provider who seeks approval of a new delivery method for a currently approved CE course must submit a new application, and pay all required fees, including a fee for content review.(4) The Commission may:(A) request additional information be provided to the Commission relating to an application; and(B) terminate an application without further notice if the applicant fails to provide the additional information not later than the 60th day after the Commission mails the request.(c) Commission approval of non-elective course materials. Every two years, the Commission shall approve subject matter and course materials to be used for the following non-elective continuing education courses:(1) a four-hour Legal Update I: Laws, Rules and Forms course;(2) a four-hour Legal Update II: Agency, Ethics and Hot Topics course;(3) a six-hour Broker Responsibility course; and(4) an eight-hour Inspector Legal and Ethics and Standards of Practice Review course.(d) Course expiration.(1) Each legal update course expires on December 31 of each odd-numbered year.(2) Each broker responsibility course expires on December 31 of each even-numbered year.(3) Each Inspector Legal and Ethics and Standards of Practice Review course expires on August 31 of each odd-numbered year.(e) Delivery method. Non-elective CE courses must be delivered by one of the following delivery methods:(1) classroom delivery;(2) distance education delivery; or(3) a combination of (1) and (2) of this subsection if at least 50% of the combined course is offered by classroom delivery.(f) Except as provided in this section, non-elective CE courses must meet the presentation requirements of §535.65(g) of this chapter (relating to Responsibilities and Operations of Providers of Qualifying Courses). The provider must submit a course completion roster in accordance with §535.75(d) of this subchapter (relating to Responsibilities and Operations of Continuing Education Providers). Non-elective real estate courses are designed by the Commission for interactive classroom delivery. Acceptable demonstration of methods to engage students in interactive discussions and activities to meet the course objectives and time requirements are required for approval.(g) Course examinations. A provider must administer a final examination promulgated by the Commission for non-elective CE courses.(1) Real estate non-elective CE courses. The examination will be included in course instruction time. Each student will complete the examination independently followed by a review of the correct answers by the instructor. There is no minimum passing grade required to receive credit.(2) Inspector non-elective CE courses for classroom delivery.(A) The examination will be given as a part of class instruction time with each student answering the examination questions independently followed by a review of the correct answers by the instructor. (B) A student is not required to receive a passing grade on the examination to receive course credit.(3) Inspector non-elective CE courses for distance education delivery.(A) An examination is required after completion of regular course work.(B) The examination must be:(i) administered under conditions that ensure the student taking the examination is the student who registered for and took the course; and(ii) kept confidential.(C) A provider may permit a student to take one subsequent final examination if the student fails the initial final examination. The subsequent final examination must be:(i) different from the initial final examination; and(ii) completed no later than the 30th day after the date the original course concludes.(D) Credit will not be awarded to a student for a course where the student receives a pass rate on a final examination or subsequent final exam below 70%.(E) A student who fails the subsequent final course examination is required to retake the course and the final course examination.(h) Approval of currently approved courses by a secondary provider.(1) If a CE provider wants to offer a course currently approved for another provider, that secondary provider must:(A) submit, using a process acceptable to the Commission:(i) the CE course application supplement form(s); and(ii) authorization to the Commission from the provider for whom the course was initially approved granting permission for the subsequent provider to offer the course; and(B) pay the fee required by §535.101 of this chapter or §535.210 of this chapter.(2) If approved to offer the currently approved course, the secondary provider is required to:(A) offer the course as originally approved, assume the original expiration date, include any approved revisions, use all materials required for the course; and(B) meet the requirements of §535.75 of this subchapter. (i) Approval notice. A CE Provider shall not offer non-elective continuing education courses until the provider has received written notice of the approval from the Commission.(j) Required revision of a currently approved non-elective CE course. Providers are responsible for keeping current on changes to the Act and Commission rules and must supplement materials for approved non-elective CE courses to present the current version of all applicable statutes and rules on or before the effective date of those changes.", "sourceNote": "Source Note: The provisions of this §535.72 adopted to be\r\neffective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8237; amended to be effective December\r\n7, 2016, 41 TexReg 9522; amended to be effective May 24, 2017, 42\r\nTexReg 2725; amended to be effective December 9, 2018, 43 TexReg 7904;\r\namended to be effective December 11, 2019, 44 TexReg 7703; amended\r\nto be effective June 16, 2020, 45 TexReg 4036; amended to be effective\r\nJune 11, 2023, 48 TexReg 2948; amended to be effective September 3,\r\n2025, 50 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225969&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225969", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS" }, "rule": { "number": "§535.73", "label": "Approval of Elective Continuing Education Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213803", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements.(1) This subsection applies to continuing education providers seeking to offer an elective CE course approved by the Commission. (2) Non-elective CE courses are approved and regulated under §535.72 of this subchapter (related to Approval of Non-elective Continuing Education Courses).(b) Application for approval of an elective CE course.(1) For each continuing education course an applicant intends to offer, the applicant must:(A) submit the appropriate CE Course Application using a process acceptable to the Commission;(B) pay the fee required by §535.101 (relating to Fees) and §535.210 of this title (relating to Fees); and(C) submit a timed course outline that includes:(i) course topics;(ii) assignments and activities, if applicable;(iii) topic or unit quizzes, if applicable; and(iv) the amount of time dedicated for each item listed in clauses (i) - (iii) of this subparagraph.(2) A provider may file a single application for a CE course offered through multiple delivery methods. A fee is required for content review of each CE course and for each distinct delivery method utilized by a provider for that course.(3) A provider who seeks approval of a new delivery method for a currently approved CE course must submit a new application and pay all required fees, including a fee for content review.(4) The Commission may:(A) request additional information be provided to the Commission relating to an application; and(B) terminate an application without further notice if the applicant fails to provide the additional information not later than the 60th day after the Commission mails the request.(c) Standards for course approval of elective CE course.(1) To be approved as an elective CE course by the Commission, the course must:(A) cover subject matter appropriate for a continuing education course for real estate, easement or right-of-way, or real estate inspection license holders;(B) be current and accurate; and(C) be at least one hour long with daily presentations no more than 10 hours long.(2) A provider must demonstrate that a course meets the requirements under paragraph (1) of this subsection by submitting a statement describing the objective of the course and the relevance of the subject matter to activities for which a real estate, easement or right-of-way, or inspector license is required, including but not limited to relevant issues in the real estate market or topics which increase or support the license holder's development of skill and competence.(3) The course must be presented in full hourly units.(4) The course must be delivered by one of the following delivery methods:(A) classroom delivery;(B) distance education delivery; or(C) a combination of (A) and (B), if at least 50% of the combined course is offered by classroom delivery.(d) Approval notice. A CE provider shall not offer elective continuing education courses until the provider has received written notice of the approval from the Commission.(e) Renewal of elective CE course approval.(1) An elective CE course expires two years from the date of approval.(2) Not earlier than 90 days before the expiration of a course approval, a provider may apply for a renewal of course approval for another two-year period.(3) Approval of an application to renew an elective CE course approval shall be subject to the standards for initial approval set out in this section.(4) The Commission may deny an application to renew an elective CE course approval if the provider is in violation of a Commission order.(f) Approval of currently approved courses by a subsequent provider.(1) If a CE provider wants to offer a course currently approved for another provider, that subsequent provider must:(A) submit, using a process acceptable to the Commission: (i) the applicable course approval form(s); and(ii) authorization to the Commission from the owner of the rights to the course material granting permission for the subsequent provider to offer the course; and(B) pay the fee required by §535.101 or §535.210 of this title.(2) If approved to offer the currently approved course, the subsequent provider is required to:(A) offer the course as originally approved, with any approved revisions, using all materials required for the course; and(B) meet the requirements of §535.75 of this subchapter (relating to Responsibilities and Operations of Continuing Education Providers).", "sourceNote": "Source Note: The provisions of this §535.73 adopted\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8237; amended to be effective May 23, 2016,\r\n41 TexReg 3696; amended to be effective December 7, 2016, 41 TexReg\r\n9524; amended to be effective December 11, 2019, 44 TexReg 7703; amended\r\nto be effective June 16, 2020, 45 TexReg 4036; amended to be effective\r\nSeptember 1, 2022, 47 TexReg 3053; amended to be effective September\r\n3, 2025, 50 TexReg 5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213803&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213803", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS" }, "rule": { "number": "§535.74", "label": "Qualifications for Continuing Education Instructors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226838", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provider must ensure that an instructor who teaches continuing education courses is competent in the subject matter to be taught and has the ability to teach effectively.(b) The provider must use an instructor who possesses the following additional qualifications to teach real estate non-elective CE courses:(1) meet the criteria to teach qualifying courses under §535.63 of this chapter (relating to Qualifications for Instructors of Qualifying Courses);(2) successfully complete an instructor training program authorized by the Commission for the version of the non-elective CE course to be taught; and(3) receive a passing grade of at least 80% on the non-elective CE course final examination promulgated by the Commission.(c) For Inspector Legal and Ethics and Standards of Practice Review, the provider must use an instructor who has five years of active licensure as a Texas professional inspector, and has:(1) performed a minimum of 200 real estate inspections as a Texas professional inspector; or(2) three years of experience in teaching and/or sponsoring trainees or inspectors.(d) An inspector is qualified to instruct a Ride-Along Course as defined in §535.218 of this chapter (relating to Continuing Education Required for Renewal) if the inspector has five years of active licensure as a Texas professional inspector, and has:(1) performed a minimum of 200 real estate inspections as a Texas professional inspector; or(2) three years of experience in teaching and/or sponsoring trainees or inspectors.", "sourceNote": "Source Note: The provisions of this §535.74 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8237; amended to be effective May 24, 2017, 42 TexReg 2726; amended to be effective September 2, 2019, 44 TexReg 4736; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226838&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226838", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS" }, "rule": { "number": "§535.75", "label": "Responsibilities and Operations of Continuing Education Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170610", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided by this section, CE providers must comply with the responsibilities and operations requirements of §535.65 of this chapter (relating to Responsibilities and Operations of Providers of Qualifying Courses).(b) Use of Qualified Instructor.(1) Except as provided by this subsection, a CE provider must use an instructor that:(A) is currently qualified under §535.74 of this subchapter (relating to Qualifications for Continuing Education Instructors); and(B) has expertise in the subject area of instruction and ability as an instructor;(2) A CE instructor shall teach a course in substantially the same manner represented to the Commission in the instructor's manual or other documents filed with the application for course approval form;(3) A CE provider may use the services of a guest instructor who is not qualified under §535.74 of this subchapter for real estate, easement or right-of-way, or inspector elective CE courses provided that:(A) the guest instructor instructs for no more than a total of 50% of the course; and(B) a CE instructor qualified under §535.74 of this subchapter remains in the classroom during the guest instructor's presentation.(4) A CE provider may use the services of a guest instructor who is not qualified under §535.74 of this subchapter for 100% of a real estate, easement or right-of-way, or inspector elective CE courses provided that:(A) The CE provider is:(i) a public school or an accredited college or university; (ii) a professional trade association that is approved by the Commission as a CE provider under §535.71 of this subchapter (relating to Approval of Continuing Education Providers); or(iii) an entity exempt under §535.71 of this subchapter; and(B) the course is supervised and coordinated by a CE instructor qualified under §535.74 of this subchapter who is responsible for verifying the attendance of all who request CE credit.(c) CE course examinations.(1) For real estate CE courses, examinations are only required for non-elective CE courses and must comply with the requirements in §535.72(g) of this subchapter (relating to Approval of Non-elective Continuing Education Courses) and have a minimum of four questions per course credit hour.(2) For inspector CE courses, examinations are only required for CE courses offered through distance education delivery and must comply with the requirements in §535.72(g) of this subchapter and have a minimum of four questions per course credit hour.(d) Course completion roster. Upon completion of a course, a CE provider shall submit a class roster to the Commission as outlined by this subsection.(1) A provider shall maintain a course completion roster and submit information contained in the roster by electronic means acceptable to the Commission not sooner than the number of course credit hours has passed and not later than the 10th calendar day after the date a course is completed.(2) A course completion roster shall include:(A) the provider's name and license;(B) a list of all instructors whose services were used in the course;(C) the course title;(D) the course numbers;(E) the number of classroom credit hours;(F) the course delivery method; and(G) the dates the student started and completed the course.(3) A provider may withhold any official completion documentation required by this subsection from a student until the student has fulfilled all financial obligations to the provider.(4) A provider shall maintain adequate security against forgery for official completion documentation required by this subsection. (e) Maintenance of records. Maintenance of CE provider's records is governed by this subsection.(1) A CE provider shall maintain records of each student enrolled in a course for a minimum of four years following completion of the course, including course and instructor evaluations and student enrollment agreements.(2) All records may be maintained electronically but must be in a common format that is legible and easily printed or viewed without additional manipulation or special software.(3) A CE provider shall maintain any comments made by the provider's management relevant to instructor or course evaluations with the provider's records.(4) Upon request, a CE provider shall produce instructor and course evaluation forms for inspection by Commission staff.(f) Changes in ownership or operation of an approved CE Provider. Changes in ownership or operation of an approved CE provider are governed by this subsection.(1) An approved provider shall obtain the approval of the Commission at least 30 days in advance of any material change in the operation of the provider, including but not limited to changes in:(A) ownership;(B) management; and(C) the location of the main office and any other locations where courses are offered.(2) An approved provider requesting approval of a change in ownership shall provide a CE Provider Application including all required information and the required fee.", "sourceNote": "Source Note: The provisions of this §535.75 adopted\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8237; amended to be effective December\r\n9, 2018, 43 TexReg 7904; amended to be effective September 2, 2019,\r\n44 TexReg 4737; amended to be effective June 16, 2020, 45 TexReg 4036;\r\namended to be effective September 1, 2022, 47 TexReg 3053; amended\r\nto be effective June 11, 2023, 48 TexReg 2948; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5709; amended to be effective January\r\n1, 2026, 50 TexReg 7571." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170610", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "G", "label": "REQUIREMENTS FOR CONTINUING EDUCATION PROVIDERS, COURSES AND INSTRUCTORS" }, "rule": { "number": "§535.77", "label": "CE Providers: Compliance and Enforcement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213811", "queryAsDate": "03/11/2026" }, "ruleBody": "Compliance and enforcement of CE Providers is governed by §535.67 of this title.", "sourceNote": "Source Note: The provisions of this §535.77 adopted to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213811&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213811", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "H", "label": "RECOVERY FUND" }, "rule": { "number": "§535.82", "label": "Proration of Payments from the Real Estate Recovery Trust Account" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179842", "queryAsDate": "03/11/2026" }, "ruleBody": "In the event of multiple valid pending claims against a license holder in excess of the limitations in §1101.610 of the Act, the claims shall be prorated as follows:(1) Actual damages shall be allocated first. If the total of the eligible actual damages of all claims exceeds the maximum that may be paid from the Real Estate Recovery Trust Account, the actual damages shall be prorated, and no interest, attorney fees, or court costs shall be paid.(2) If, after allocating the actual damages as provided by paragraph (1) of this section, the limitations in §1101.610 of the Act are not reached, interest on actual damages (pre-judgment and post-judgment) shall be allocated second. If the total of the interest on eligible actual damages of all claims exceeds the amount remaining to be paid from the Real Estate Recovery Trust Account, the interest on eligible actual damages shall be prorated, and no other interest, attorney fees, or court costs shall be paid.(3) If, after allocating the actual damages and interest thereon as provided by paragraphs (1) and (2) of this section, the limitations in §1101.610 of the Act are not reached, other interest, attorney fees, and court costs shall be allocated third. If the total of the other interest, attorney fees, and court costs of all claims exceeds the amount remaining to be paid from the Real Estate Recovery Trust Account, the other interest, attorney fees, and court costs shall be prorated.", "sourceNote": "Source Note: The provisions of this §535.82 adopted to be effective March 21, 2012, 37 TexReg 1908; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179842", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "H", "label": "RECOVERY FUND" }, "rule": { "number": "§535.83", "label": "Association of Designated Broker on Claim" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225972", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of §1101.6011 and §1101.610(e) of the Act, the designated broker associated with the claim against a business entity is the broker who was the designated broker at the time of the act that is the subject of the underlying judgment.", "sourceNote": "Source Note: The provisions of this §535.83 adopted to be effective September 7, 2016, 41 TexReg 6741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225972", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "I", "label": "LICENSE RENEWAL" }, "rule": { "number": "§535.91", "label": "Renewal of a Real Estate License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226839", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Renewal application.(1) A real estate license expires on the date shown on the face of the license issued to the license holder.(2) If a license holder intends to renew an unexpired license, the license holder must, on or before the expiration date of the current license:(A) file a renewal application using a process acceptable to the Commission;(B) submit the appropriate fee required by §535.101 of this chapter (relating to Fees);(C) comply with the fingerprinting requirements under the Act; and(D) except as provided for in subsections (g) and (h) of this section, satisfy the continuing education requirements applicable to that license.(3) The Commission may request additional information be provided to the Commission in connection with a renewal application.(4) A license holder is required to provide information requested by the Commission not later than the 30th day after the date the Commission requests the information. Failure to provide information is grounds for disciplinary action.(b) Renewal Notice.(1) The Commission will deliver a license renewal notice to a license holder 90 days before the expiration of the license holder's current license.(2) If a license holder intends to renew a license, failure to receive a license renewal notice from the Commission does not relieve a license holder from the requirements of this subsection.(3) The Commission has no obligation to notify any license holder who has failed to provide the Commission with the person's mailing address and email address or a corporation, limited liability company, or partnership that has failed to designate an officer, manager, or partner who meets the requirements of the Act.(c) Timely renewal of a license. (1) A renewal application for an individual broker or sales agent is filed timely if it is received by the Commission, or postmarked, on or before the license expiration date.(2) A renewal application for a business entity broker is filed timely, if the application and all required supporting documentation is received by the Commission, or postmarked, not later than the 10th business day before the license expiration date.(3) If the license expires on a Saturday, Sunday or any other day on which the Commission is not open for business, a renewal application is considered to be filed timely if the application is received or postmarked no later than the first business day after the expiration date of the license.(d) Initial renewal of sales agent license. A sales agent applying for the first renewal of a sales agent license must:(1) successfully complete the additional educational requirements of §535.55 of this chapter (relating to Education and Sponsorship Requirements for a Sales Agent License) before the sales agent files the renewal application; and(2) fulfill the continuing education requirements of §535.92(a)(1), (a)(2), and (a)(4) of this chapter (relating to Continuing Education Requirements), if applicable.(e) Renewal of license issued to a business entity. The Commission will not renew a license issued to a business entity unless the business entity:(1) has designated a corporate officer, an LLC manager, an LLC member with managing authority, or a general partner who:(A) is a licensed broker in active status and good standing with the Commission; and(B) completes any applicable continuing education required under §535.92 of this chapter;(2) maintains errors and omissions insurance with a minimum annual limit of $1 million per occurrence if the designated broker owns less than 10 percent of the business entity; and(3) is currently eligible to transact business in Texas.(f) Renewal and pending complaints.(1) The Commission may renew the current license of a license holder that has a complaint pending with the Commission, provided the license holder meets all other applicable requirements of this section.(2) Upon completion of the investigation of the pending complaint, the Commission may suspend or revoke the license, after notice and hearing in accordance with the Administrative Procedure Act, Chapter 2001, Texas Government Code.(g) Renewal on inactive status.(1) A license holder may renew a license on inactive status.(2) A license holder is not required to complete continuing education courses as a condition of renewing a license on inactive status, but must satisfy continuing education requirements before returning to active status.(h) Renewal with deferred continuing education.(1) A license holder may renew an active license without completion of required continuing education and may defer completion of any outstanding continuing education requirements for an additional 60 days from the expiration date of the current license if the license holder:(A) meets all other applicable requirements of this section; and(B) pays the continuing education deferral fee required by §535.101 of this chapter at the time the license holder files the renewal application with the Commission.(2) If after expiration of the 60 day period set out in paragraph (1) of this subsection, the Commission has not been provided with evidence that the license holder has completed all outstanding continuing education requirements, the license holder's license will be placed on inactive status.(3) Credit for continuing education courses for a subsequent licensing period does not accrue until after all deferred continuing education has been completed for the current licensing period.(i) Late Renewal.(1) Subject to the requirements of this subsection and §1101.451(e) of the Act, a license holder may late renew a license after the expiration date of that license if:(A) the license has been expired for less than six months;(B) the license holder files the application to renew using a process acceptable to the Commission for that purpose; and(C) the license holder submits the required fees under §535.101 of this chapter.(2) Provided the license holder meets all the requirements of paragraph (1) of this subsection, the Commission will renew the license on inactive status.(j) License Reinstatement.(1) If a license has been expired for more than six months, a license holder may not renew the license.(2) A license holder may reinstate an expired license if the license holder:(A) has held an individual broker or sales agent license in this state within the two years preceding the date the reinstatement application is filed;(B) submits the required fees under §535.101 of this chapter; and(C) satisfies the Commission as to the applicant's honesty, trustworthiness, and integrity.(3) An applicant for reinstatement is not required to take an examination.(4) Provided the license holder meets the requirements of paragraph (2) of this subsection, the Commission will reinstate:(A) a broker license on active status if the continuing education that would have been required for a timely renewal during the two years preceding the date the application is filed is completed, except as provided in paragraph (5) of this subsection;(B) a sales agent license on inactive status.(5) A broker may file an application to reinstate a license on inactive status under this subsection.(k) Reactivation of a license on inactive status under this section is governed by Subchapter L of this chapter (relating to Inactive License Status).(l) Denial of Renewal. The Commission may deny an application for renewal of a license if the license holder is in violation of the terms of a Commission order.(m) Renewal of license for military service member. A license holder on active duty in the United States armed forces is entitled to two years of additional time to renew an expired license without being subject to any increase in fee, any education or experience requirements or examination if the license holder:(1) provides a copy of official orders or other official documentation acceptable to the Commission showing that the license holder was on active duty during the license holder's last renewal period; and(2) pays the renewal application fee in effect when the previous license expired.", "sourceNote": "Source Note: The provisions of this §535.91 adopted\r\nto be effective January 1, 1976; amended to be effective July 20,\r\n1981, 6 TexReg 2291; amended to be effective June 1, 1990, 15 TexReg\r\n876; amended to be effective August 19, 1991, 16 TexReg 4284; amended\r\nto be effective July 18, 1994, 19 TexReg 5089; amended to be effective\r\nJuly 16, 1996, 21 TexReg 6235; amended to be effective September 1,\r\n2000, 25 TexReg 6507; amended to be effective October 4, 2001, 26\r\nTexReg 7541; amended to be effective January 1, 2004, 28 TexReg 9544;\r\namended to be effective September 1, 2004, 29 TexReg 8293; amended\r\nto be effective July 1, 2006, 31 TexReg 4197; amended to be effective\r\nDecember30, 2007, 32 TexReg 9994; amended to be effective January\r\n1, 2011, 35 TexReg 11689; amended to be effective November 1, 2011,\r\n36 TexReg 7330; amended to be effective September 9, 2012, 37 TexReg\r\n7176; amended to be effective January 1, 2015, 39 TexReg 9669; amended\r\nto be effective January 1, 2016, 40 TexReg 8242; amended to be effective\r\nAugust 28, 2017, 42 TexReg 4307; amended to be effective December\r\n11, 2019, 44 TexReg 7707; amended to be effective March 16, 2021,\r\n46 TexReg 1642; amended to be effective October 1, 2023, 48 TexReg\r\n2952; amended to be effective September 3, 2025, 50 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226839", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "I", "label": "LICENSE RENEWAL" }, "rule": { "number": "§535.92", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215280", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Required continuing education. 18 hours of continuing education are required for each renewal of a real estate sales agent or broker license and must include:(1) a four-hour Legal Update I: Laws, Rules and Forms course;(2) a four-hour Legal Update II: Agency, Ethics and Hot Topics course;(3) three hours on the subject of real estate contracts from one or more Commission approved courses; and(4) a six-hour Broker Responsibility Course, if the license holder:(A) is a broker; or(B) is a delegated supervisor under §535.2(e) of this chapter (relating to Broker Responsibility).(b) Awarding continuing education credit. The Commission will award credit to a license holder for an approved continuing education course upon receipt of a course completion roster from a CE provider as required under §535.75 of this chapter (relating to Responsibilities and Operations of Continuing Education Providers).(c) Continuing education credit for qualifying courses. Real estate license holders may receive continuing education elective credit for qualifying real estate courses or qualifying real estate inspection courses that have been approved by the Commission or that are accepted by the Commission for satisfying educational requirements for obtaining or renewing a license. Qualifying real estate courses must be at least 30 classroom hours in length to be accepted for continuing education elective credit.(d) Continuing education credit for course taken outside of Texas. A course taken by a Texas license holder to satisfy continuing education requirements of a country, territory, or state other than Texas may be approved on an individual basis for continuing education elective credit in Texas upon the Commission's determination that:(1) the Texas license holder held an active real estate license in a country, territory, or state other than Texas at the time the course was taken;(2) the course was approved for continuing education credit for a real estate license by a country, territory, or state other than Texas and, if a correspondence course, was offered by an accredited college or university;(3) the Texas license holder's successful completion of the course has been evidenced by a course completion certificate, a letter from the provider or other proof satisfactory to the Commission; (4) the subject matter of the course was predominately devoted to a subject acceptable for continuing education credit in Texas; and(5) the Texas license holder has filed a Credit Request for an Out-of-State Course, with the Commission.(e) Continuing education credit for courses offered by the State Bar. To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.(f) Continuing education credit for attendance at Commission meeting. A real estate license holder may receive up to four hours of continuing education elective credit per license period for attendance in person at a single quarterly Commission meeting. Credit will only be awarded to license holders who attend the meeting in its entirety; no partial credit for attendance will be awarded. Credit will not be awarded to license holders appearing as a party to a contested case before the Commission.(g) Continuing education credit for instructors. Instructors may receive continuing education credit for real estate qualifying courses subject to the following guidelines:(1) An instructor may receive credit for those segments of the course that the instructor teaches by filing an Instructor Credit Request.(2) An instructor may receive full course credit by attending any segment that the instructor does not teach in addition to those segments the instructor does teach.(h) Limitations. The Commission will not award credit to a license holder who attends or instructs the same course more than once during:(1) the term of the current license period; or(2) the two-year period preceding the filing of a renewal application for a license after the license expiration date as provided for under §535.91 of this subchapter (relating to Renewal of a Real Estate License) or return to active status as provided for under Subchapter L of this chapter (relating to Inactive License Status).", "sourceNote": "Source Note: The provisions of this §535.92 adopted\r\nto be effective January 1, 1976; amended to be effective November\r\n14, 1979, 4 TexReg 4001; amended to be effective July 20, 1981, 6\r\nTexReg 2291; amended to be effective October 13, 1982, 7 TexReg 3633;\r\namended to be effective April 7, 1983, 8 TexReg 999; amended to be\r\neffective March 17, 1989, 14 TexReg 1080; amended to be effective\r\nJune 1, 1990, 15 TexReg 876; amended to be effective November 9, 1990,\r\n15 TexReg 6189; amended to be effective June 18, 1991, 16 TexReg 3080;\r\namended to be effective January 1, 1992, 16 TexReg 7489; amended to\r\nbe effective April 8, 1993, 18 TexReg 1940; amended to be effective\r\nNovember 23, 1993, 18 TexReg 8198; amended to be effective May 27,\r\n1998, 23 TexReg 5435; amended to be effective October 5, 1998, 23\r\nTexReg 9981; amended to be effective March 1, 1999, 24 TexReg 558;\r\namended to be effective September 1, 2000, 25 TexReg 6507; amended\r\nto be effective October 4, 2001, 26 TexReg 7541; amended to be effective\r\nSeptember 1, 2004, 29 TexReg 8293; amended to be effective July 1,\r\n2006, 31 TexReg 4197; amended to be effective December 30, 2007, 32\r\nTexReg 9994; amended to be effective June 1, 2008, 33 TexReg 4152;\r\namended to be effective January 1, 2011, 35 TexReg 11689; amended\r\nto be effective January 1, 2013, 37 TexReg 7176; amended to be effective\r\nJanuary 1, 2015, 39 TexReg 9669; amended to be effective January 1,\r\n2016, 40 TexReg 8242; amended to be effective February 1, 2021, 45\r\nTexReg 4040; amended to be effective December 2, 2021, 46 TexReg 8059;\r\namended to be effective August 29, 2023, 48 TexReg 4671; amended to\r\nbe effective January 1, 2026, 50 TexReg 7572." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215280", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "J", "label": "FEES" }, "rule": { "number": "§535.101", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213814", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall charge and collect the following fees:(1) a fee of $150 for filing an original or reinstatement application for a real estate broker license, which includes a fee for transcript evaluation;(2) a fee of $72 for the timely renewal of a real estate broker license;(3) a fee of $120 for filing an application to change from a real estate broker license to a real estate sales agent license;(4) a fee of $150 for filing an original or reinstatement application for a real estate sales agent license, which includes a fee for transcript evaluation;(5) a fee of $66 for the timely renewal of a real estate sales agent license;(6) a fee equal to 1-1/2 times the timely renewal fee for the late renewal of a license within 90 days of expiration;(7) a fee equal to two times the timely renewal fee for the late renewal of a license more than 90 days but less than six months after expiration;(8) the fee charged by an examination provider pursuant to a contract with the Commission for taking a license examination;(9) a fee of $10 for deposit into the Real Estate Recovery Trust Account upon the filing of an original sales agent or broker application;(10) a fee of $50 to request an inactive broker license be returned to active status;(11) a fee of $50 for filing a fitness determination;(12) a fee of $400 for filing an application for accreditation of a qualifying education program for a period of four years;(13) after initial approval of accreditation, a renewal fee of $200 a year for operation of a qualifying real estate education program;(14) a fee of $50 plus the following fees per classroom hour approved by the Commission for each qualifying education course for a period of four years:(A) $10 for content and examination review;(B) $10 for classroom delivery design and presentation review; and(C) $20 for distance education delivery design and presentation review;(15) a fee of $400 for filing an application for accreditation as a continuing education provider for a period of two years;(16) a fee of $50 plus the following fees per classroom hour approved by the Commission for each continuing education course for a period of two years:(A) $5 for content and examination review;(B) $5 for classroom delivery design and presentation review; and(C) $10 for distance education delivery design and presentation review;(17) the fee required under paragraphs (14)(C) and (16)(C) will be waived if the course has already been certified by a distance learning certification center acceptable to the Commission;(18) the fee charged by the Federal Bureau of Investigation and Texas Department of Public Safety for fingerprinting or other service for a national or state criminal history check in connection with a license application;(19) the fee required by the Department of Information Resources as a subscription or convenience fee for use of an online payment system; and(20) a continuing education deferral fee of $200.(b) Fees established by this section must be paid when an application is filed and are not refundable once an application has been accepted for filing.(c) If the Commission receives an application that requires payment of a fee, and a sufficient fee was not submitted with the application, the Commission will return the application and notify the person filing the application that the person must pay the fee before the application will be processed.(d) If a payment to the Commission by or on behalf of a license holder or applicant is dishonored or reversed by a bank or other financial institution, the Commission shall send a request for payment of the dishonored or reversed payment by certified mail to the last known mailing address of the license holder or applicant as shown in the records of the Commission. If the Commission has sent a request for payment in accordance with the provisions of this section, and the license holder or applicant fails to make good on the payment in the form of a cashier's check, money order, or credit card payment within 30 days after the Commission has mailed the request, the license will be placed on inactive status.(e) Placing a license on inactive status under this section does not preclude the Commission from proceeding under §1101.652(a)(3) of the Act against a license holder who has failed to make good a payment issued to the Commission within a reasonable time.", "sourceNote": "Source Note: The provisions of this §535.101 adopted to be effective January 1, 1976; amended to be effective October 27, 1978, 3 TexReg 3654; amended to be effective November 14, 1979, 4 TexReg 4002; amended to be effective March 19, 1990, 15 TexReg 1235; amended to be effective August 31, 1992, 17 TexReg 5664; amended to be effective November 1, 1993, 18 TexReg 6215; amended to be effective September 1, 1995, 20 TexReg 6202; amended to be effective May 27, 1998, 23 TexReg 5436; amended to be effective October 11, 1999, 24 TexReg 8758; amended to be effective September 1, 2000, 25 TexReg 6509; amended to be effective October 15, 2001, 26 TexReg 8072; amended to be effective June 24, 2002, 27 TexReg 5520;amended to be effective January 1, 2004, 28 TexReg 9545; amended to be effective May 10, 2004, 29 TexReg 4486; amended to be effective August 31, 2004, 29 TexReg 8295; amended to be effective November 4, 2007, 32 TexReg 7690; amended to be effective June 1, 2008, 33 TexReg 4154; amended to be effective November 17, 2008, 33 TexReg 9239; amended to be effective November 1, 2009, 34 TexReg 6337; amended to be effective September 1, 2010, 35 TexReg 7799; amended to be effective November 1, 2011, 36 TexReg 7331; amended to be effective January 1, 2013, 37 TexReg 7177; amended to be effective January 1, 2014, 38 TexReg 7955; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8245; amended to be effective January 1, 2017, 41 TexReg 9524; amended to be effective March 1, 2019, 43 TexReg 7906; amended to be effective December 11, 2019,44TexReg 7708; amended to be effective October 1, 2023, 48 TexReg 2952." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213814&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213814", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "L", "label": "INACTIVE LICENSE STATUS" }, "rule": { "number": "§535.120", "label": "Prohibited Activity While on Inactive License Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225973", "queryAsDate": "03/11/2026" }, "ruleBody": "A license holder may not engage in real estate brokerage activity while on inactive status.", "sourceNote": "Source Note: The provisions of this §535.120 adopted to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225973&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225973", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "L", "label": "INACTIVE LICENSE STATUS" }, "rule": { "number": "§535.121", "label": "Inactive Sales Agent License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225974", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The license of a sales agent becomes inactive upon:(1) the death of the sales agent's sponsoring broker;(2) the expiration, suspension, revocation or inactivation of the license of the sponsoring broker;(3) if the sponsoring broker is a business entity, the dissolution of the entity or the forfeiture of its charter;(4) if the sponsoring broker is a business entity, the expiration, suspension, revocation, or inactivation of the license of the designated broker of the entity;(5) termination of sponsorship by the sales agent or sponsoring broker;(6) failure to timely complete continuing education required under the Act and this chapter; or(7) receipt by the Commission of an application for inactive status.(b) If the broker intends to terminate the sponsorship, the broker must immediately:(1) notify the sales agent in writing; and(2) terminate the sponsorship using a process acceptable to the Commission.(c) If the sales agent intends to terminate the sponsorship, the sales agent must immediately:(1) notify the broker in writing; and(2) terminate the sponsorship using a process acceptable to the Commission.(d) If a sponsorship is terminated using the process under this section, the effective date of the termination of the sponsorship is the date the Commission receives the termination and any applicable fee.(e) It is the responsibility of the sales agent on inactive status to pay all required license renewal fees timely to prevent the inactive license from expiring.", "sourceNote": "Source Note: The provisions of this §535.121 adopted to\r\nbe effective January 1, 1976; amended to be effective November 14,\r\n1979, 4 TexReg 4002; amended to be effective July 20, 1981, 6 TexReg\r\n2291; amended to be effective March 19, 1990, 15 TexReg 1236; amended\r\nto be effective January 4, 1993, 17 TexReg 8954; amended to be effective\r\nMay 27, 1998, 23 TexReg 5437; amended to be effective September 1,\r\n2000, 25 TexReg 6509; amended to be effective July 4, 2005, 30 TexReg\r\n3876; amended to be effective January 1, 2011, 35 TexReg 11690; amended\r\nto be effective November 1, 2011, 36 TexReg 7332; amended to be effective\r\nJune 3, 2012, 37 TexReg 4053; amended to be effective January 1, 2015,\r\n39 TexReg 9669; amended to be effective June 11, 2023, 48 TexReg 2948;\r\namended to be effective September 11, 2024, 49 TexReg 7040; amended\r\nto be effective September 3, 2025, 50 TexReg 5712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225974", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "L", "label": "INACTIVE LICENSE STATUS" }, "rule": { "number": "§535.122", "label": "Reactivation of Sales Agent License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225975", "queryAsDate": "03/11/2026" }, "ruleBody": "In order to reactivate a license on inactive status, the license holder must:(1) provide the Commission with documentation that the license holder has satisfied all continuing education requirements under the Act and this chapter;(2) certify using a process acceptable to the Commission that the license holder has not engaged in activity requiring a license at any time after the license became inactive;(3) establish a sponsorship relationship with a broker using a process acceptable by the Commission; and(4) pay the appropriate fee.", "sourceNote": "Source Note: The provisions of this §535.122 adopted\r\nto be effective January 1, 1976; amended to be effective June 1, 1990,\r\n15 TexReg 877; amended to be effective March 1, 1991, 15 TexReg 7436;\r\namended to be effective June 18, 1991, 16 TexReg 3080; amended to\r\nbe effective May 27, 1998, 23 TexReg 5437; amended to be effective\r\nSeptember 1, 2000, 25 TexReg 6509; amended to be effective August\r\n31, 2004, 29 TexReg 8296; amended to be effective January 1, 2011,\r\n35 TexReg 11690; amended to be effective November 1, 2011, 36 TexReg\r\n7332; amended to be effective January 1, 2015, 39 TexReg 9669; amended\r\nto be effective June 11, 2023, 48 TexReg 2948; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225975&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225975", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "L", "label": "INACTIVE LICENSE STATUS" }, "rule": { "number": "§535.123", "label": "Inactive Broker Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220496", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The license of an individual broker becomes inactive when:(1) the Commission receives an application for inactive status from the broker; or(2) the broker is placed on inactive status by the Commission for failure to comply with a requirement of the Act or this chapter.(b) The license of a business entity broker becomes inactive when:(1) the Commission receives an application for inactive status from the broker;(2) the entity is not qualified to transact business in Texas;(3) the designated broker's license:(A) expires;(B) is suspended, including a probated suspension; or(C) is revoked, including a probated revocation; or(4) the designated broker dies or resigns as designated broker, except as provided in §535.124 of this subchapter (relating to Death of a Designated Broker).(c) The broker must confirm using a process acceptable to the Commission that the broker has given all sales agents sponsored by the broker written notice of termination of sponsorship at least 30 days before filing the application for inactive status.(d) It is the responsibility of the broker on inactive status to pay all required license renewal fees timely to prevent the inactive license from expiring.(e) To return to active status, a broker on inactive status must apply to the Commission for return to active status using a process acceptable to the Commission, pay the appropriate fee, and satisfy any continuing education requirements under the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §535.123 adopted to\r\nbe effective November 18, 1991, 16 TexReg 6291; amended to be effective\r\nNovember 23, 1993, 18 TexReg 8198; amended to be effective May 27,\r\n1998, 23 TexReg 5437; amended to be effective August 31, 2004, 29\r\nTexReg 8296; amended to be effective January 1, 2011, 35 TexReg 11690;\r\namended to be effective January 1, 2015, 39 TexReg 9669; amended to\r\nbe effective September 7, 2016, 41 TexReg 6741; amended to be effective\r\nSeptember 11, 2024, 49 TexReg 7040; amended to be effective September\r\n3, 2025, 50 TexReg 5712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220496&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220496", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "L", "label": "INACTIVE LICENSE STATUS" }, "rule": { "number": "§535.124", "label": "Death of a Designated Broker" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170622", "queryAsDate": "03/11/2026" }, "ruleBody": "If the business entity broker sponsors any sales agents, the license of the business entity and any sponsored sales agent becomes inactive upon the expiration of 14 days after the date the designated broker dies, unless prior to the 14th day, the entity:(1) names a new designated broker;(2) provides to the Commission the information required by section 535.53(b)(5) of this chapter (relating to Business Entity; Designated Broker); and(3) the Commission approves the new designated broker.", "sourceNote": "Source Note: The provisions of this §535.124 adopted to be effective September 11, 2024, 49 TexReg 7040." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170622&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170622", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "M", "label": "NONRESIDENTS" }, "rule": { "number": "§535.131", "label": "Unlawful Conduct; Splitting Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213779", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A broker licensed in Texas may cooperate with a foreign broker and share earned commissions with a foreign broker.(b) Only Texas license holders may handle negotiations physically conducted within Texas.(c) A resident of a foreign country or territory that does not require a person to be licensed to act as a real estate broker is considered to be licensed as a foreign broker for the purposes of §1101.651 of the Act, if the person practices as a real estate broker in compliance with the law of the foreign country or territory.", "sourceNote": "Source Note: The provisions of this §535.131 adopted to be effective January 1, 1976; amended to be effective March 11, 1981, 6 TexReg 725; amended to be effective May 27, 1998, 23 TexReg 5437; amended to be effective October 1, 2000, 25 TexReg 8645; amended to be effective August 31, 2004, 29 TexReg 8296; amended to be effective January 1, 2011, 35 TexReg 11690; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213779", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "M", "label": "NONRESIDENTS" }, "rule": { "number": "§535.132", "label": "Eligibility for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213815", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual licensed as a broker who subsequently moves to a state other than Texas is not required to maintain an office in Texas.(b) To be eligible to receive a license and maintain an active license, a business entity created or chartered in a state other than Texas must designate a person to act for it who meets the requirements of §1101.355 of the Act, although the designated broker is not required to be a resident of Texas. Foreign business entities must also be permitted to engage in business in Texas to receive a Texas real estate broker license.", "sourceNote": "Source Note: The provisions of this §535.132 adopted to be effective January 1, 1976; amended to be effective November 14, 1979, 4 TexReg 4002; amended to be effective July 20, 1981, 6 TexReg 2291; amended to be effective April 15, 1982, 7 TexReg 1369; amended to be effective November 23, 1993, 18 TexReg 8198; amended to be effective April 1, 1996, 21 TexReg 1660; amended to be effective December 1, 1997, 22 TexReg 11361; amended to be effective October 1, 2000, 25 TexReg 8645; amended to be effective August 31, 2004, 29 TexReg 8296; amended to be effective January 1, 2011, 35 TexReg 11690; amended to be effective November 1, 2011, 36 TexReg 7332; amended to be effectiveJanuary1, 2015, 39 TexReg 9669; amended to be effective October 1, 2023, 48 TexReg 2952." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213815&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213815", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "M", "label": "NONRESIDENTS" }, "rule": { "number": "§535.133", "label": "Consent To Be Sued; Exception to Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226840", "queryAsDate": "03/11/2026" }, "ruleBody": "A broker or sales agent who resides in or moves to a state other than Texas must file a consent to service of legal process with the Commission. A consent to service is not required when the broker's or sales agent's place of business is in Texas.", "sourceNote": "Source Note: The provisions of §535.133 adopted to be effective January 1, 1976; amended to be effective April 7, 1983, 8 TexReg 999; amended to be effective May 27, 1998, 23 TexReg 5437; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226840&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226840", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.141", "label": "Initiation of Investigation; Order Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197357", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A complaint which names a licensed real estate sales agent as the subject of the complaint but does not specifically name the sales agent's sponsoring broker, is a complaint against the broker sponsoring the sales agent at the time of any alleged violation for the limited purposes of determining the broker's involvement in any alleged violation and whether the broker fulfilled the broker's professional responsibilities provided the complaint concerns the conduct of the sales agent as an agent for the broker.(b) The designated broker is responsible for all real estate brokerage activities performed by, on behalf of, or through a business entity. A complaint which names a business entity licensed as a broker as the subject of the complaint but which does not specifically name the designated broker is a complaint against the designated broker at the time of any alleged violation for the limited purposes of determining the designated broker's involvement in any alleged violation and whether the designated broker fulfilled the designated broker's professional responsibilities. A complaint which names a sales agent sponsored by a licensed business entity but which does not specifically name the designated broker of the business entity is a complaint against the designated broker at the time of any alleged violation by the sales agent for the limited purposes of determining the designated broker's involvement in any alleged violation and whether the designated broker fulfilled the designated broker's professional responsibilities provided the complaint concerns the conduct of the sales agent as an agent of the business entity.(c) Except as otherwise provided by subsections (a) and (b) of this section, a copy of a complaint notice will be sent to:(1) the broker who:(A) sponsors the respondent, if the respondent is a sales agent; or(B) is associated with the respondent as provided by the respondent under §535.21 of this chapter (relating to Mailing Address and Other Contact Information), if the respondent is an associated broker; or(2) the sponsoring professional inspector, if the respondent is an apprentice inspector or a real estate inspector.(d) Using the criteria specified by §1101.204 of the Act, the Commission prioritizes and investigates complaints received by the Commission as follows:(1) Level 1.(A) Fraud or misrepresentation that involves loss of $10,000 or more.(B) Continuing threat to public welfare.(C) Unlicensed activity.(2) Level 2.(A) Fraud or misrepresentation that involves loss of less than $10,000.(B) Negligence.(C) Violations of Chapter 1102:(i) 1102.301 negligence or incompetence by an inspector.(ii) 1102.302 employment contingent on inspection report.(iii) 1102.303 acting in conflicting capacities, i.e. inspector, broker, principal.(iv) 1102.305 agreeing to perform repairs in connection with inspection.(D) Violations of Standards of Practice, §§535.227 - 535.233 of this chapter.(3) Level 3.(A) Technical violations.(B) Chapter 1102 complaints other than those listed in Level 2 above.(C) Allegations involving education providers.(e) If information obtained during the course of an investigation of a complaint reveals reasonable cause to believe the respondents to the complaint may have committed other violations of the Act or rules, no additional authorization shall be required to investigate and take action based upon the information.(f) If the Commission suspends or revokes a license or probates an order of suspension or revocation against a license holder, the Commission may monitor compliance with its order and initiate action based on the authority of the original complaint or original authorization by the members of the Commission.(g) A person whose license has been suspended may not during the period of any suspension perform, attempt to perform, or advertise to perform any act for which a license is required by the Act or Commission rules.(h) A person whose license is subject to an order suspending the license must provide notice in writing not later than the third day before the date of the suspension as follows:(1) if the person is a sales agent, notify his or her sponsoring broker in writing that his or her license will be suspended;(2) if the person is a broker, notify any sponsored sales agent, or any business entity for which the person is designated broker that:(A) his or her broker license will be suspended; and(B) once the suspension is effective, any sponsored sales agent, or who is sponsored by the business entity, will no longer be authorized to engage in real estate brokerage unless:(i) the sales agent is sponsored by another broker and files a change of sponsorship with the Commission; or(ii) the business entity designates a new broker and files a change of designated broker with the Commission;(3) If the person is an apprentice inspector or real estate inspector, notify his or her sponsoring professional inspector that his or her license will be suspended;(4) if the person is a professional inspector notify any sponsored apprentice or real estate inspectors that:(A) his or her professional inspector license will be suspended; and(B) once the suspension is effective any sponsored apprentice or real estate inspectors will no longer be authorized to inspect any real property unless the apprentice or real estate inspectors associate with another professional inspector and file a change of sponsorship with the Commission.(5) if the person has a contractual obligation to perform services for which a license is required by law or Commission rule, notify all other parties to the contract that the services cannot be performed during the suspension;(6) if the person is a sales agent and is directly involved in any real estate transaction in which the sales agent acts as an agent, notify all other parties, including principals and other brokers, that the person cannot continue performing real estate brokerage services during the suspension; and(7) if the person holds money in trust in any transaction in which the person is acting as a broker, remit such money in accordance with the instructions of the principals.(i) If, in conjunction with an application or disciplinary matter, an applicant or license holder agrees to automatic suspension or revocation of his or her license for failing to comply with an administrative term or requirement of an agreed order such as payment of a penalty or completion of coursework, the license may be automatically suspended or revoked with no further action by the Commission.", "sourceNote": "Source Note: The provisions of this §535.141 adopted to\r\nbe effective January 1, 1976; amended to be effective October 20,\r\n1983, 8 TexReg 3998; amended to be effective February 8, 1991, 16\r\nTexReg 461; amended to be effective May 7, 1992, 17 TexReg 2997; amended\r\nto be effective November 23, 1993, 18 TexReg 8198; amended to be effective\r\nMay 27, 1998, 23 TexReg 5437; amended to be effective October 1, 2000,\r\n25 TexReg 8646; amended to be effective August 31, 2004, 29 TexReg\r\n8297; amended to be effective March 23, 2008, 33 TexReg 2536; amended\r\nto be effective January 1, 2011, 35 TexReg 11691; amended to be effective\r\nNovember 1, 2011, 36 TexReg 7332; amended to be effective January\r\n1, 2015, 39 TexReg 9669; amended to be effective December 6, 2017,\r\n42 TexReg 6801; amended to be effective May 28, 2019, 44 TexReg 2613;\r\namended to be effective June 11, 2023, 48 TexReg 2948; amended to\r\nbe effective January 1, 2026, 50 TexReg 7572." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197357", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.142", "label": "Consumer Complaint Processing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170632", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not later than the 7th day after receipt of a signed, written complaint, Commission staff shall:(1) assign the complaint a case number in the complaint tracking system; and(2) send written acknowledgement of receipt to the complainant.(b) Once a signed, written complaint has been filed with the Commission, the Commission has jurisdiction to consider, investigate, and take action based on the complaint. Complaints may be withdrawn only with the consent of the Commission.(c) Not later than the 30th day after receiving a complaint, Commission staff will send written notice to the complainant of Commission staff's evaluation regarding the complaint. This evaluation may be that the case will be investigated or that the Commission lacks jurisdiction over the complaint.(d) Dismissal of Complaints.(1) Commission staff will dismiss a complaint with no further processing if staff determines at any time that:(A) the complaint is:(i) not within the Commission's jurisdiction; or(ii) inappropriate or without merit;(B) no violation exists; or(C) there is insufficient evidence to prove a case at a hearing.(2) Commission staff will send written notice to the complainant and each respondent who has been notified of the complaint within 14 days after a complaint is dismissed under this subsection.(e) Commission staff may request additional information from any person, if necessary, to determine how to proceed with the complaint.(1) When information is requested from a complainant, the complainant must respond within a reasonable time, or the complaint may be closed and no further action will be taken. If the complaint is closed under this subsection, Commission staff will send written notice to the complainant and to the respondent, if the respondent has been notified of the complaint.(2) When information, documents, books, or records are requested from a respondent, the respondent must respond within a reasonable time, or the failure to respond may violate §1101.652(a) or (a-1) of the Act.(3) For purposes of this section and §1101.652(a) and (a-1) of the Act, \"a reasonable time\" means 14 days from receipt of a request made by Commission staff.(4) Commission staff may agree to extend the time to respond for good cause upon receipt of a written request for more time from a complainant or respondent.(f) If Commission staff determines that a complaint is within the Commission's jurisdiction, a copy of the complaint, including attachments, will be sent to the respondent.(g) The Commission will protect the identity of a complainant to the extent possible by excluding the complainant's identifying information from a complaint notice sent to a respondent.(h) Commission staff may assign a complaint to an investigator to conduct a field investigation or conduct an investigation by requesting a written response and documents. Absent good cause, a field investigation must be completed within six months after a complaint is opened.(i) Commission staff will periodically send written notice to the complainant and each respondent of the status of the complaint until final disposition. For purposes of this subsection, \"periodically\" means at least once every 120 days.(j) Commission staff may issue an advisory letter to a respondent when it determines that a warning is sufficient to deter certain conduct or when it seeks to educate a respondent about proper conduct to avoid a future violation.(k) When Commission staff determines a violation exists, Commission staff may seek to resolve the case through an agreed order with the respondent.(l) Absent good cause, a case that is not dismissed or resolved by an advisory letter or agreed order must be set for a hearing at the State Office of Administrative Hearings not later than one year after the complaint is filed with the Commission.", "sourceNote": "Source Note: The provisions of this §535.142 adopted to be effective May 28, 2019, 44 TexReg 2613; amended to be effective December 11, 2019, 44 TexReg 7709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170632&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170632", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.143", "label": "Fraudulent Procurement of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174636", "queryAsDate": "03/11/2026" }, "ruleBody": "A violation of, §1101.652(a)(2) of the Act occurs if an applicant, including a designated broker for any business entity eligible for licensure under this chapter, omits material information or makes material misstatements, written or oral, in connection with the filing of an application or renewal application to obtain licensure. This does not include an unintentional mistake of fact the determination of which is within the discretion of the Commission and subject to judicial review.", "sourceNote": "Source Note: The provisions of this §535.143 adopted to be effective January 1, 1976; amended to be effective March 19, 1990, 15 TexReg 1236; amended to be effective May 27, 1998, 23 TexReg 5437; amended to be effective October 1, 2000, 25 TexReg 8646; amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174636&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174636", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.144", "label": "When Acquiring or Disposing of Own Property or Property of Spouse, Parent or Child" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170634", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of §1101.652(a-1)(1) of the Act \"license holder\" includes a license holder acting on behalf of:(1) the license holder's spouse, parent or child;(2) a business entity in which the license holder is more than a 10% owner; or(3) a trust for which the license holder acts as trustee or of which the license holder or the license holder's spouse, parent or child is a beneficiary.(b) A license holder engaging in a real estate transaction on his or her own behalf or in a capacity described by subsection (a), is obligated to disclose in writing that he or she is a licensed real estate broker or sales agent acting on his or her own behalf or in a capacity described by subsection (a) in any contract of sale or rental agreement or in any other writing given before entering into any contract of sale or rental agreement.(c) A license holder acting on his or her own behalf or in a capacity described by subsection (a) shall not use the license holder's expertise to the disadvantage of a person with whom the license holder deals.", "sourceNote": "Source Note: The provisions of this §535.144 adopted to be effective January 1, 1976; amended to be effective March 22, 1978, 3 TexReg 823; amended to be effective August 6, 1980, 5 TexReg 2923; amended to be effective October 20, 1983, 8 TexReg 3998; amended to be effective May 27, 1998, 23 TexReg 5437; amended to be effective October 1, 2000, 25 TexReg 8646; amended to be effective May 24, 2006, 31 TexReg 4198; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective May 30, 2013, 38 TexReg 3347; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170634&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170634", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.145", "label": "False Promise" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174637", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of §1101.652(b)(5) of the Act \"false promise\" includes both oral and written promises. The fact that a written agreement between the parties to a real estate transaction does not recite a promise made by a real estate license holder to one of the parties or that a person did not detrimentally rely on the false promise will not prevent the Commission from determining that a false promise was made. In determining whether this section has been violated, neither a written contractual provision disclaiming oral representations nor the Texas Rules of Evidence Rule 1004, the parol evidence rule, shall prevent the Commission from considering oral promises made by a license holder.", "sourceNote": "Source Note: The provisions of this §535.145 adopted to be effective January 1, 1976; amended to be effective October 1, 2000, 25 TexReg 8646; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective November 29, 2012, 37 TexReg 9366; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174637&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174637", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.146", "label": "Maintaining Trust Money" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215648", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. In this section:(1) \"Trust money\" means client's money, earnest money, rent, unearned fees, security deposits, or any money held on behalf of another person.(2) \"Trust account\" means an account managed by one party for the benefit of another in a banking institution authorized to do business in Texas.(b) Acceptance of Trust Money.(1) Any trust money accepted by a broker is held in a fiduciary capacity and must be maintained in a designated trust account maintained by the broker or delivered to an escrow agent authorized in Texas in accordance with the agreement of the principals of the transaction.(2) A sales agent shall not maintain a trust account. Any trust money received by a sales agent must be immediately delivered to the sales agent's sponsoring broker.(3) Unless a different time to deposit trust money is expressly agreed upon in writing by the principals to the transaction, any trust money received by the broker must be deposited in a trust account or delivered to an authorized escrow agent within a reasonable time, which the Commission has determined to be not later than the close of business of the second working day after the date the broker receives the trust money.(4) The broker shall not:(A) commingle trust money with the broker's personal money or other non-trust money; or(B) deposit or maintain trust money in a personal account or any kind of business account.(5) The following is prima facie evidence of commingling trust money with the broker's own money:(A) placing trust money in a broker's personal or operating account; or(B) paying operating expenses or making withdrawals from a trust account for any purpose other than proper disbursement of trust money.(c) Trust account requirements.(1) The trust account must be clearly identified as a trust account;(2) The broker may, but is not required to, maintain separate trust accounts for each client or type of trust money maintained by the broker, such as earnest money deposits or security deposits received for the management of rental property.(3) If trust money held by a broker is deposited in an interest bearing account:(A) the money must be available for disbursal at the appropriate time; and(B) unless otherwise provided for by an agreement signed by the party depositing the money with the broker, any interest earned on the money must be distributed to any parties to whom the money is disbursed.(4) A broker may deposit and maintain a reasonable amount of money in the trust account to cover bank service fees, including fees charged for insufficient funds. Detailed records must be kept for any funds deposited under this exception.(5) If a broker acquires ownership of trust money held in a trust account, including entitlement to compensation, such money must be removed from the trust account not later the 30th day after the date the broker acquires ownership of the money.(6) The broker must retain a documentary record of each deposit or withdrawal from the trust account and provide an accounting to each beneficiary of trust money at least monthly if there has been any activity in the account.(7) A broker may only authorize another license holder to withdraw or transfer money from any trust account but the broker remains responsible and accountable for all trust money received by that broker and all deposits to or disbursements from the trust account.(8) If a broker deposits trust money in the form of a check in a trust account and the check is dishonored by the financial institution on which it was drawn, the broker shall immediately notify all parties to the transaction in writing.(d) Disbursement of trust money.(1) A broker may only disburse money from the broker's trust account in accordance with the agreement under which the money was received.(2) If any or all of the parties to a real estate transaction make a written demand for payment of trust money, the broker must pay the trust money to the party or parties entitled to the money within a reasonable time, which the Commission has determined to be not later than the 30th day after the date the demand is made.(3) If by a subsequent written agreement, all parties to a real estate transaction authorize the broker maintaining trust money to disburse the trust money in a manner not in accordance with the agreement under which the money was received, the broker must pay the trust money to the party or parties entitled to the money under the subsequent written agreement within a reasonable time, which the Commission has determined to be not later than the 30th day after the date the broker receives the subsequent written agreement.(4) The broker must immediately notify all parties in writing of any disbursement of trust money under subsections (d)(2) or (3).(5) If the broker cannot reasonably determine to which party or parties the trust money should be paid, the broker may pay the trust money into the registry of a court and interplead the parties.(e) Records. A broker must maintain all documentation regarding a trust account for four years from the date the document is received or created by the broker.", "sourceNote": "Source Note: The provisions of this §535.146 adopted to be effective September 8, 2014, 39 TexReg 7139; amended to be effective January 1, 2016, 40 TexReg 8246." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215648", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.147", "label": "Splitting Fee with Unlicensed Person" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213816&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213816", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as otherwise provided by the Act or Commission rules, a broker or sales agent may not share a commission or fees with any person who engages in acts for which a license is required and is not actively licensed as a broker or sales agent.(b) An unlicensed person may share in the income earned by a business entity licensed as a broker or exempted from the licensing requirements under the Act if the person engages in no acts for which a license is required and does not lead the public to believe that the person is in the real estate brokerage business.(c) A broker or sales agent may not share a commission or fees with an unlicensed business entity created by a license holder for the purpose of collecting a commission or fees on behalf of the license holder, unless the entity is exempted from the requirements of licensure as provided by §535.5 of this chapter (relating to License Not Required) and §1101.355(d) of the Act.(d) A license holder may rebate or pay a portion of the license holder's fee or commission to a party in the transaction when the sales agent has the written consent of the sales agent's sponsoring broker and the party represented by the license holder. A commission or fee may not be paid to any party to the transaction in a manner that misleads a broker, lender, title company, or governmental agency regarding the real estate transaction or the financial resources or obligations of the buyer. A license holder who intends to pay a portion of the license holder's fee or commission to a party the license holder does not represent must obtain the written consent of the party represented by the license holder before making the payment.", "sourceNote": "Source Note: The provisions of this §535.147 adopted to be effective January 1, 1976; amended to be effective March 11, 1981, 6 TexReg 725; amended to be effective October 1, 2000, 25 TexReg 8646; amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective June 11, 2023, 48 TexReg 2948; amended to be effective January 1, 2024, 48 TexReg 6914." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213816&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213816", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.148", "label": "Receiving an Undisclosed Commission or Rebate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170627", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder may not receive a commission, rebate, or fee in a transaction from a person other than the person the license holder represents without first disclosing to the license holder's client that the license holder intends to receive the commission, rebate, or fee, and obtaining the consent of the license holder's client.(b) If a party the license holder does not represent agrees to pay a service provider in the transaction, the license holder must also obtain the consent of that party to accept a fee, commission, or rebate from the service provider. As used in this section, the term \"service provider\" does not include a person acting in the capacity of a real estate broker or sales agent.(c) A license holder may not enter into a contract or agreement with a service provider to a real estate transaction in which the license holder represents one or both of the parties if, pursuant to the contract or agreement:(1) the license holder provides services for or on behalf of the service provider; and(2) the contract or agreement prohibits the license holder from offering similar services for or on behalf of a competing service provider.(d) A license holder may not pay or receive a fee or other valuable consideration to or from any other settlement service provider for, but not limited to, the following:(1) the referral of inspections, lenders, mortgage brokers, or title companies;(2) inclusion on a list of inspectors, preferred settlement providers, or similar arrangements; or(3) inclusion on lists of inspectors or other settlement providers contingent on other financial agreements.(e) In this section, \"settlement service\" means a service provided in connection with a prospective or actual settlement, and \"settlement service provider\" includes, but is not limited to, any one or more of the following:(1) a federally related mortgage loan originator;(2) a mortgage broker;(3) a lender or other person who provides any service related to the origination, processing or funding of a real estate loan;(4) a title service provider;(5) an attorney;(6) a person who prepares documents, including notarization, delivery, and recordation;(7) a person who provides credit report services;(8) an appraiser;(9) an inspector;(10) a settlement agent;(11) a person who provides mortgage insurance services;(12) a person who provides services involving hazard, flood, or other casualty insurance, homeowner's warranties or residential service contracts;(13) a real estate agent or broker; and(14) a person who provides any other services for which a settlement service provider requires a borrower or seller to pay.(f) A license holder must use TREC No. RSC-4, Disclosure of Relationship with Residential Service Contract Provider or Administrator, to disclose to a party to a real estate transaction in which the license holder represents one or both of the parties any payments received for services provided for or on behalf of a residential service contract provider or administrator licensed under Texas Occupations Code Chapter 1304.(g) The Texas Real Estate Commission adopts by reference TREC No. RSC-4, Disclosure of Relationship with Residential Service Contract Provider or Administrator, approved by the Commission for use by license holders to disclose payments received from a residential service contract provider or administrator. This document is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.texas.gov.(h) This section does not prohibit:(1) normal promotional or educational activity that is not conditioned on the referral of business and that does not involve the defraying of expenses that otherwise would be incurred;(2) a payment at market rates to any person for goods actually furnished or for services actually performed; or(3) a payment pursuant to a cooperative brokerage or referral arrangement or agreement between active licensed real estate agents and real estate brokers.", "sourceNote": "Source Note: The provisions of this §535.148 adopted to be effective January 1, 1976; amended to be effective February 5, 1981, 6 TexReg 272; amended to be effective May 2, 1996, 21 TexReg 3549; amended to be effective October 1, 2000, 25 TexReg 8646; amended to be effective July 2, 2001, 26 TexReg 4872; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8246; amended to be effective September 2, 2019, 44 TexReg 4738; amended to be effective December 2, 2021, 46 TexReg 8060; amended to be effective June 11, 2023, 48TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170627&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170627", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.149", "label": "Lottery or Deceptive Trade Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170631", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of §1101.652(b)(14) of the Act, the elements of a \"lottery\" are the award or distribution of a prize or prizes by chance and the payment of consideration for the opportunity to win the prize.(b) The giving of gifts as an inducement for prospective clients does not violate this section or §1101.652(b)(14) of the Act, but license holders when procuring prospects must otherwise comply with the provisions of §535.20 of this title.(c) \"Deceptive practices\" include, but are not limited to the acts described in the Texas Business and Commerce Code §17.46, done in a manner defined in that section.", "sourceNote": "Source Note: The provisions of this §535.149 adopted to be effective January 1, 1976; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170631", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.153", "label": "Violating an Exclusive Agency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225976", "queryAsDate": "03/11/2026" }, "ruleBody": "Although a license holder, including one acting as agent for a prospective buyer or prospective tenant, may not attempt to negotiate a sale, exchange, lease, or rental of property under exclusive listing with another broker, the Act does not prohibit a license holder from soliciting a listing from the owner while the owner's property is subject to an exclusive listing with another broker.", "sourceNote": "Source Note: The provisions of this §535.153 adopted to be effective January 1, 1976; amended to be effective June 22, 1990, 15 TexReg 3336; amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective January 1, 2011, 35 TexReg 11691; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225976", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.154", "label": "Registration and Use of Alternate, Team and Assumed Business Names Used in Advertisements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192084", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. For the purposes of this section:(1) \"Advertisement\" has the meaning assigned by §535.155 of this chapter (relating to Advertisements).(2) \"Alternate name\" (commonly known as an alias) means a name used by an individual license holder other than the name shown on the license issued by the Commission, such as a middle name, maiden name, or nickname. It does not include a common derivative of a name, such as Kim for Kimberly or Bill for William, which is considered the same as the name shown on the license.(3) \"Associated broker\" means a broker who associates with and gets paid through another broker under a relationship that is intended to be a continuous relationship, including but not limited to, an employment or ongoing independent contractor relationship.(4) \"Assumed business name\" (commonly known as a DBA or trade name) means any name used in business by a broker that meets the requirements of subsection (d) of this section, other than the name shown on the broker's license issued by the Commission, a team name, or an alternate name.(5) \"Team name\" means a name used by a group of one or more license holders sponsored by or associated with the same broker that performs real estate activities under an exclusive collective name other than the broker's licensed name or assumed business name.(b) Alternate names.(1) Before a license holder starts using an alternate name in an advertisement, the license holder must register the name with the Commission using a process acceptable to the Commission.(2) The Commission may request supporting documentation evidencing the legal authority to use the alternate name if the last name submitted is different from the last name shown on the license issued by the Commission.(3) A license holder must notify the Commission using a process acceptable to the Commission, and their sponsoring broker, not later than the 10th day after the date the license holder stops using an alternate name.(c) Team names:(1) A team name may not include any terms that could mislead the public to believe that the team is offering brokerage services independent from its sponsoring broker.(2) A team name must end with the word \"team\" or \"group\".(3) Before an associated broker or a sales agent sponsored by a broker starts using a team name in an advertisement, the broker must register the name with the Commission using a process acceptable to the Commission.(4) A broker must notify the Commission using a process acceptable to the Commission not later than the 10th day after the date the associated broker or a sales agent sponsored by the broker stops using a team name.(d) Assumed business names.(1) Before a broker, associated broker or a sales agent sponsored by a broker starts using an assumed business name of the broker in an advertisement, the broker must:(A) register the name with the Commission using a process acceptable to the Commission; and(B) provide written evidence of legal authority to use the assumed business name in Texas, such as registration of the name with the Secretary of State or county clerk's office.(2) A broker must notify the Commission using a process acceptable to the Commission not later than the 10th day after the date the broker stops using an assumed business name.", "sourceNote": "Source Note: The provisions of this §535.154 adopted\r\nto be effective May 15, 2018, 42 TexReg 6802; amended to be effective\r\nMarch 4, 2020, 45 TexReg 1435; amended to be effective September 3,\r\n2025, 50 TexReg 5712." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192084&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192084", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.155", "label": "Advertisements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170629", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each advertisement must include the following in a readily noticeable location in the advertisement:(1) the name of the license holder or team placing the advertisement; and(2) the broker's name in at least half the size of the largest contact information for any sales agent, associated broker, or team name contained in the advertisement.(b) For the purposes of this section:(1) \"Advertisement\" is any form of communication by or on behalf of a license holder designed to attract the public to use real estate brokerage services and includes, but is not limited to, all publications, brochures, radio or television broadcasts, all electronic media including email, text messages, social media, the Internet, business stationery, business cards, displays, signs and billboards. Advertisement does not include:(A) a communication from a license holder to the license holder's current client; and(B) a directional sign that may also contain only the broker's name or logo.(2) Associated broker has the meaning assigned by §535.154.(3) \"Broker's name\" means:(A) the broker's name as shown on a license issued by the Commission;(B) if an individual, an alternate name registered with the Commission; or(C) any assumed business name that meets the requirements of §535.154.(4) \"Contact Information\" means any information that can be used to contact a license holder featured in the advertisement, including a name, phone number, email address, website address, social media handle, scan code or other similar information.(5) \"Party\" means a prospective buyer, seller, landlord, or tenant, or an authorized legal representative of a buyer, seller, landlord, or tenant, including a trustee, guardian, executor, administrator, receiver, or attorney-in-fact. The term does not include a license holder who represents a party.(6) \"Team name\" has the meaning assigned by §535.154.(c) For an advertisement on social media or by text, the information required by this section may be located on a separate page or on the account user profile page of the license holder, if the separate page or account user profile is:(1) readily accessible by a direct link from the social media or text; and(2) readily noticeable on the separate page or in the account user profile.(d) For purposes of this section and §1101.652(b)(23) of the Act, an advertisement that misleads or is likely to deceive the public, tends to create a misleading impression, or implies that a sales agent is responsible for the operation of the broker's real estate brokerage business includes, but is not limited to, any advertisement:(1) that is inaccurate in any material fact or representation;(2) that does not comply with this section;(3) that identifies a sales agent as a broker;(4) that uses a title, such as owner, president, CEO, COO, or other similar title, email or website address that implies a sales agent is responsible for the operations of a brokerage;(5) that contains a team name with terms that imply that the team is offering brokerage services independent from its sponsoring broker, including, but not limited to, \"brokerage\", \"company\", and \"associates\";(6) that contains the name of a sales agent that is not the name as shown on the sales agent's license issued by the Commission or an alternate name registered with the Commission;(7) that contains the name of a sales agent whose name is, in whole or in part, used in a broker's name and that implies that the sales agent is responsible for the operation of the brokerage;(8) that causes a member of the public to believe that a person not licensed to conduct real estate brokerage is engaged in real estate brokerage;(9) that contains the name or likeness of an unlicensed person that does not clearly disclose that the person does not hold a license;(10) that creates confusion regarding the permitted use of a property;(11) about the value of a property, unless it is based on an appraisal that is disclosed and readily available upon request by a party or it is given in compliance with §535.17;(12) that implies the person making the advertisement was involved in a transaction regarding a property when the person had no such role;(13) about a property that is subject to an exclusive listing agreement without the permission of the listing broker and without disclosing the name of the listing broker unless the listing broker has expressly agreed in writing to waive disclosure;(14) offering a listed property that is not discontinued within 10 days after the listing agreement is no longer in effect;(15) about a property 10 days or more after the closing of a transaction unless the current status of the property is included in the advertisement;(16) that offers to rebate a portion of a license holder's compensation to a party if the advertisement does not disclose that payment of the rebate is subject to the consent of the party the license holder represents in the transaction;(17) that offers to rebate a portion of a license holder's commission contingent upon a party's use of a specified service provider, or subject to approval by a third party such as a lender, unless the advertisement also contains a disclosure that payment of the rebate is subject to restrictions;(18) that offers or promotes the use of a real estate service provider other than the license holder and the license holder expects to receive compensation if a party uses those services, if the advertisement does not contain a disclosure that the license holder may receive compensation from the service provider;(19) that ranks the license holder or another service provider unless the ranking is based on objective criteria disclosed in the advertisement; or(20) that states or implies that the license holder teaches or offers Commission approved courses in conjunction with an approved school or other approved organization unless the license holder is approved by the Commission to teach or offer the courses.", "sourceNote": "Source Note: The provisions of this §535.155 adopted to be effective May 15, 2018, 42 TexReg 6802; amended to be effective September 4, 2018, 43 TexReg 5680." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170629&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170629", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.156", "label": "Dishonesty; Bad Faith; Untrustworthiness" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213769", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder's relationship with the license holder's principal is that of a fiduciary. A license holder shall convey to the principal all known information which would affect the principal's decision on whether or not to make, accept or reject offers; however, if the principal has agreed in writing that offers are not to be submitted after the principal has entered into a contract to buy, sell, rent, or lease a property, the license holder shall have no duty to submit offers to the principal after the principal has accepted an offer.(b) The license holder must put the interest of the license holder's principal above the license holder's own interest. A license holder must deal honestly and fairly with all parties; however, the license holder represents only the principal and owes a duty of fidelity to such principal.(c) A license holder has an affirmative duty to keep the principal informed at all times of significant information applicable to the transaction or transactions in which the license holder is acting as agent for the principal.(d) A license holder has a duty to convey accurate information to members of the public with whom the license holder deals.", "sourceNote": "Source Note: The provisions of this §535.156 adopted to be effective January 1, 1976; amended to be effective May 24, 1976, 1 TexReg 1253; amended to be effective June 9, 1981, 6 TexReg 1922; amended to be effective May 27, 1998, 23 TexReg 5437; amended to be effective October 1, 2000, 25 TexReg 8646; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213769&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213769", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "N", "label": "SUSPENSION AND REVOCATION OF LICENSURE" }, "rule": { "number": "§535.157", "label": "Obligation to Respond Timely" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174640", "queryAsDate": "03/11/2026" }, "ruleBody": "A broker or sales agent must respond to his or her principal, a broker or sales agent representing another party to a real estate transaction, or an unrepresented party to a real estate transaction within two calendar days.", "sourceNote": "Source Note: The provisions of this §535.157 adopted to be effective June 11, 2023, 48 TexReg 2954." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174640&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174640", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "P", "label": "ENFORCEMENT ACTION FOR UNLICENSED ACTIVITY" }, "rule": { "number": "§535.181", "label": "Investigation and Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226841", "queryAsDate": "03/11/2026" }, "ruleBody": "If the Commission receives information that indicates that a person has engaged in unlicensed activity, it shall conduct an investigation to determine if such information is accurate. If the information establishes evidence to indicate a probable violation of the Act, the Commission may impose an administrative penalty; issue an order to cease and desist; file a complaint alleging unlicensed activity with the appropriate law enforcement official; or take such other action as may be necessary and proper.", "sourceNote": "Source Note: The provisions of this §535.181 adopted to be effective January 1, 1976;amended to be effective December 25, 1980, 5 TexReg 4909; amended to be effective January 1, 2011, 35 TexReg 11693; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8249." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226841&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226841", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "Q", "label": "ADMINISTRATIVE PENALTIES" }, "rule": { "number": "§535.191", "label": "Schedule of Administrative Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206935", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may suspend or revoke a license or take other disciplinary action authorized by the Act in addition to or instead of assessing the administrative penalties set forth in this section.(b) The administrative penalties set forth in this section take into consideration all of the criteria listed in §1101.702(b) of the Act.(c) An administrative penalty range of $100 - $1,500 per violation per day may be assessed for violations of the following sections of the Act and Rules:(1) §1101.552;(2) §1101.652(a)(3);(3) §1101.652(a)(8);(4) §1101.652(a-1)(3);(5) §1101.652(b)(23);(6) §1101.652(b)(29);(7) §1101.652(b)(33);(8) §1101.652(b)(34);(9) 22 TAC §535.21;(10) 22 TAC §535.53;(11) 22 TAC §535.65;(12) 22 TAC §535.91(d);(13) 22 TAC §535.121;(14) 22 TAC §535.154;(15) 22 TAC §535.155;(16) 22 TAC §535.157;(17) 22 TAC §535.300;(18) §1101.653(5); and(19) §1101.653(8).(d) An administrative penalty range of $500 - $3,000 per violation per day may be assessed for violations of the following sections of the Act and Rules:(1) §§1101.652(a)(4) - (7);(2) §1101.652(a-1)(2);(3) §1101.652(b)(1);(4) §§1101.652(b)(7) - (8);(5) §1101.652(b)(12);(6) §1101.652(b)(14);(7) §1101.652(b)(22);(8) §1101.652(b)(28);(9) §§1101.652(b)(30) - (31);(10) §1101.654(a);(11) 22 TAC §531.18;(12) 22 TAC §531.20;(13) 22 TAC §535.2;(14) 22 TAC §535.6(c) - (d);(15) 22 TAC §535.16;(16) 22 TAC §535.17;(17) 22 TAC §535.144;(18) §§1101.653(6)- (7); and(19) 22 TAC §535.402(a)(2)- (3).(e) An administrative penalty range of $1,000 - $5,000 per violation per day may be assessed for violations of the following sections of the Act and Rules:(1) §1101.351;(2) §1101.366(d);(3) §1101.557(b);(4) §1101.558;(5) §§1101.559(a) and (c);(6) §1101.560;(7) §1101.561(b);(8) §1101.615;(9) §1101.651;(10) §1101.652(a)(2);(11) §1101.652(a-1)(1);(12) §§1101.652(b)(2) - (6);(13) §§1101.652(b)(9) - (11);(14) §1101.652(b)(13);(15) §§1101.652(b)(15) - (21);(16) §§1101.652(b)(24) - (27);(17) §1101.652(b)(32);(18) 22 TAC §535.141(g);(19) 22 TAC §§535.145 - 535.148;(20) 22 TAC §535.156;(21) §§1101.653(1)- (4); and(22) 22 TAC §535.402(a)(1).(f) The Commission may assess an additional administrative penalty of up to two times that assessed under subsections (c), (d) and (e) of this section, subject to the maximum penalties authorized under §1101.702(a) of the Act, if a person has a history of previous violations.(g) Payment of an administrative penalty must be submitted in a manner acceptable to the Commission. Payments authorized to be submitted online may be subject to fees set by the Department of Information Resources that are in addition to the administrative penalty assessed by the Commission.", "sourceNote": "Source Note: The provisions of this §535.191 adopted to\r\nbe effective December 30, 2007, 32 TexReg 9995; amended to be effective\r\nJanuary 1, 2011, 35 TexReg 11693; amended to be effective September\r\n1, 2011, 36 TexReg 5212; amended to be effective January 1, 2015,\r\n39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg\r\n8249; amended to be effective September 7, 2016, 41 TexReg 6742; amended\r\nto be effective December 6, 2017, 42 TexReg 6804; amended to be effective\r\nDecember 9, 2018, 43 TexReg 7907; amended to be effective December\r\n11, 2019, 44 TexReg 7709; amended to be effective March 16, 2021,\r\n46 TexReg 1644; amended to be effective November 29,2023, 48 TexReg\r\n6914; amended to be effective March 5, 2025, 50 TexReg 1683; amended\r\nto be effective January 1, 2026, 50 TexReg 7573." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206935", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.201", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206934", "queryAsDate": "03/11/2026" }, "ruleBody": "The following definitions shall apply to this subchapter.(1) Client--a buyer or seller, including a prospective buyer or seller, of real property that is the subject of a real estate inspection conducted under Chapter 1102, Occupations Code, and this Subchapter.(2) Committee--The Texas Real Estate Inspector Committee.(3) Standards of Practice (SOPs)--refers to §§535.227 - 535.233 of this title, which establish the minimum requirements for a real estate inspection conducted under Chapter 1102, Occupations Code, and this Subchapter.", "sourceNote": "Source Note: The provisions of this §535.201 adopted to be effective January 1, 2011, 35 TexReg 11693; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective May 24, 2017, 42 TexReg 2726; amended to be effective September 4, 2018, 43 TexReg 5681; amended to be effective December 2, 2021, 46 TexReg 8060." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206934&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206934", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.206", "label": "The Texas Real Estate Inspector Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225977", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The functions of the Committee are as prescribed by Chapter 1102.(b) The Committee consists of nine members appointed by the Commission as follows:(1) six members who have been engaged in the practice of real estate inspecting as professional inspectors for at least five years before the member's appointment and who are actively engaged in that practice; and(2) three members who represent the public, who are not registered, certified, or licensed by an occupational or regulatory agency in the real estate industry.(c) Appointments to the Committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.(d) Inspector members of the Committee serve staggered six-year terms, with the terms of two inspector members expiring on December 31 of each odd-numbered year. Inspector members may not serve more than two consecutive full terms. Public members of the Committee serve staggered two year terms, with the term of one public member expiring on December 31 of each even-numbered year and the terms of two public members expiring on December 31 of each odd-numbered year. Public members may not serve more than three consecutive full terms. Initial appointments may be made for terms shorter than six or two years, respectively, in order to establish staggered terms. A member whose term has expired holds office until the member's successor is appointed. If a vacancy occurs during a member's term, the Commission shall appoint a person to fill the unexpired term.(e) At a regular meeting in January of each year, the Committee shall elect from its members a presiding officer, assistant presiding officer, and secretary.(f) The Commission may remove a Committee member if the member:(1) does not have the qualifications required by subsection (b)(1) of this section;(2) cannot discharge the member's duties for a substantial part of the member's term;(3) is absent from more than half of the regularly scheduled Committee meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the Committee; or(4) violates Chapter 1102.(g) If the executive director of the Commission has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the Commission that the potential ground exists.(h) The validity of an action of the Committee is not affected by the fact that it is taken when a ground for removal of a Committee member exists.(i) The Committee may meet at the call of a majority of its members. The Committee shall meet at the call of the Commission.(j) A quorum of the Committee consists of five members.(k) The Committee shall conduct its meetings in substantial compliance with Robert's Rules of Order.(l) The secretary of the Committee, or in the secretary's absence, a member designated by the chair, shall prepare written minutes for each meeting and submit the minutes to the Committee for approval.(m) At least twice a year, the Committee Chair shall report on the activities of the Committee to the Commission. The Committee may submit its written recommendations concerning the licensing and regulation of real estate inspectors to the Commission at any time the Committee deems appropriate. If the Commission submits a rule to the Committee for development, the chair of the Committee or the chair's designee shall report to the Commission after each meeting at which the proposed rule is discussed on the Committee's consideration of the rule.(n) The Committee is automatically abolished on September 1, 2031 unless the Commission subsequently establishes a different date.", "sourceNote": "Source Note: The provisions of this §535.206 adopted to be effective January 1, 1992, 16 TexReg 7489; amended to be effective January 1, 2001, 25 TexReg 11653; amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective December 30, 2007, 32 TexReg 9995; amended to be effective January 1, 2011, 35 TexReg 11693; amended to be effective June 2, 2013, 38 TexReg 3347; amended to be effective November 21, 2013, 38 TexReg 8235; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 2, 2019, 44 TexReg 4738; amended to be effective December 2, 2021, 46 TexReg 8060." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225977", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.208", "label": "Application for a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220497", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application.(1) A person who intends to be licensed by the Commission must:(A) file an application for the license using a process acceptable to the Commission; and(B) submit the required fee under §535.210 of this chapter (relating to Fees).(2) The Commission will reject an application submitted without a sufficient filing fee.(3) The Commission may request additional information be provided to the Commission relating to an application.(b) General Requirements for Licensure.(1) To be eligible for any inspector license, an applicant must:(A) meet the following requirements at the time of the application:(i) be 18 years of age;(ii) be a citizen of the United States or a lawfully admitted alien;(B) comply with the fingerprinting, education, experience and examination requirements of the Act, Chapter 1102, and the rules of the Commission;(C) meet the honesty, trustworthiness, and integrity requirements under the Act; and(D) provide proof of financial responsibility as required by Chapter 1102.(2) The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license.(c) License for military service members, veterans, or military spouses. Unless otherwise excepted under §535.58 of this chapter (relating to License for Military Service Members, Veterans, or Military Spouses), an applicant who is a military service member, veteran, or the spouse of a person who is on full-time military service in the armed forces of the United States or serving on active duty as a member of the armed forces of the United States must meet all requirements of this section.(d) Terminated application. An application will be terminated and subject to no further evaluation or processing if the applicant fails to satisfy the requirements of subsection (b)(1) of this section within one year from the date the application is filed.(e) Denial of application.(1) An application for a license may be denied if the Commission determines that the applicant has failed to satisfy the Commission as to the applicant's honesty, trustworthiness and integrity or if the applicant has been convicted of a criminal offense which is grounds for disapproval of an application under §541.1 of this title (relating to Criminal Offense Guidelines). Notice of the denial and any hearing on the denial shall be as provided in §1102.115, Texas Occupations Code, and §533.3 of this title (relating to Filing and Notice).(2) Procuring or attempting to procure a license by fraud, misrepresentation or deceit or by making a material misstatement of fact in an application is grounds to deny the application or suspend or revoke the license. It is a violation of this section for a sponsoring professional inspector knowingly to make a false statement to the Commission in an application for a license for an apprentice or a real estate inspector.", "sourceNote": "Source Note: The provisions of this §535.208 adopted\r\nto be effective January 1, 1992, 16 TexReg 7489; amended to be effective\r\nDecember 21, 1993, 18 TexReg 9103; amended to be effective September\r\n15, 1994, 19 TexReg 6915; amended to be effective January 3, 1996,\r\n20 TexReg 10898; amended to be effective May 2, 1996, 21 TexReg 3549;\r\namended to be effective March 14, 1997, 22 TexReg 2429; amended to\r\nbe effective December 1, 1999, 24 TexReg 10554; amended to be effective\r\nJanuary 1, 2001, 25 TexReg 11653; amended to be effective October\r\n4, 2001, 26 TexReg 7541; amended to be effective December 24, 2001,\r\n26 TexReg 10596; amended to be effective April 1, 2003, 28 TexReg\r\n2324; amended to be effective August 31, 2004, 29 TexReg 8297; amended\r\nto be effective November 15, 2005, 30 TexReg 7475; amended to be effective\r\nDecember 30, 2007, 32 TexReg 9995; amended to be effective September\r\n11, 2008, 33 TexReg 7517; amended to be effective March 1, 2010, 35\r\nTexReg 1738; amended to be effective September 1, 2010, 35 TexReg\r\n7800; amended to be effective November 21, 2013, 38 TexReg 8235; amended\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8249; amended to be effective March 5,\r\n2019, 44 TexReg 1126; amended to be effective December 11, 2019, 44\r\nTexReg 7709; amended to be effective August 31, 2020, 45 TexReg 6117;\r\namended to be effective June 11, 2023, 48 TexReg 2948; amended to\r\nbe effective September 3, 2025, 50 TexReg 5713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220497&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220497", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.209", "label": "Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215641", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Examinations for licensure.(1) The examination for a real estate inspector license and for a professional inspector license consists of a national part and a state part.(2) The Commission adopts the National Home Inspector Examination developed by the Examination Board of Professional Home Inspectors for the national portion of the examination. For the state portion of the examination, questions shall be used which measure competency in the subject areas required for a license by Chapter 1102, and which demonstrate an awareness of its provisions relating to inspectors.(3) Each real estate inspector applicant must achieve a score of at least 70% on the state portion of the examination. Each professional inspector applicant must achieve a score of at least 75% on the state portion of the examination. Examination results are valid for a period of one year from the date the examination is passed.(b) Administration of examination. Except as otherwise required by Chapter 1102 or this section, examinations shall be conducted as provided by §535.57 of this chapter (relating to Examinations). An applicant is eligible to take a qualifying examination for a license after the Commission has received evidence of completion of all education and experience required by this subchapter.(c) Exam Eligibility.(1) Before the applicant is eligible to take the national portion of the examination, the applicant must submit evidence of completion of the following courses to the Commission:(A) Property and Building Inspection Module I;(B) Property and Building Inspection Module II;(C) Business Operations and Professional Responsibilities Module; and(D) Analysis of Findings and Reporting Module, if required for licensure under §535.214 of this subchapter (relating to Education and Experience Requirements for Licensure).(2) Before the applicant is eligible to take the state portion of the examination, the applicant must submit evidence of completion of the following to the Commission, if required for licensure under §535.214 of this subchapter:(A) Texas Law Module;(B) Texas Standards of Practice Module; and(C) Texas Practicum, as defined by §535.214(h) of this subchapter.(3) If the applicant has previously passed the national portion of the examination, before the applicant is eligible to take the state portion of the examination, the applicant:(A) must submit evidence of completion of the required coursework as provided under paragraph (2) of this subsection; and(B) is not required to complete coursework outlined under paragraph (1) of this subsection.(4) If the applicant fails the examination three consecutive times, the applicant may not apply for reexamination or submit a new license application unless the applicant submits evidence to the Commission that the applicant has successfully completed additional qualifying education after the date of the third failed examination, as follows:(A) for an applicant who failed the national part of the examination, Property and Building Inspection Module I or Property and Building Inspection Module II; or(B) for an applicant who failed the state part of the examination, Texas Law Module, or Texas Standards of Practice Module.(5) If the applicant chooses to take the national portion and state portion of the exam separately, the national portion must be taken before the state portion of the exam.", "sourceNote": "Source Note: The provisions of this §535.209 adopted to be effective January 1, 2011, 35 TexReg 11693; amended to be effective September 9, 2012, 37 TexReg 7179; amended to be effective November 21, 2013, 38 TexReg 8235; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8249; amended to be effective August 31, 2020, 45 TexReg 6117; amended to be effective June 11, 2023, 48 TexReg 2948; amended to be effective September 11, 2024, 49 TexReg 7041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215641", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.210", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170645", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall charge and collect the following fees:(1) a fee of $60 for filing an original or reinstatement application for a license as an apprentice inspector;(2) a fee of $100 for filing an original or reinstatement application for a license as a real estate inspector, which includes a fee for transcript evaluation;(3) a fee of $120 for filing an original or reinstatement application for a license as a professional inspector, which includes a fee for transcript evaluation;(4) a fee of $30 for the timely renewal of the license of an apprentice inspector;(5) a fee of $50 for the timely renewal of the license of a real estate inspector;(6) a fee of $60 for the timely renewal of the license of a professional inspector;(7) a fee equal to 1-1/2 times the timely renewal fee for the late renewal of a license within 90 days of expiration;(8) a fee equal to two times the timely renewal fee for the late renewal of a license more than 90 days but less than six months after expiration;(9) a fee for taking a license examination consisting of a national portion and a state portion or retaking the national part of the license examination;(10) a fee for taking a license examination without a national portion or retaking the state part of the license examination;(11) a fee of $50 to request an inactive professional inspector license be returned to active status;(12) a fee of $50 for the filing of a fitness determination;(13) the fee required by the Department of Information Resources as a subscription or convenience fee for use of an online payment system;(14) a fee of $400 for filing an application for accreditation of a qualifying inspector education program for a period of four years;(15) after initial approval of accreditation, a fee of $200 a year for operation of a qualifying inspector education program;(16) a fee of $50 plus the following fees per classroom hour approved by the Commission for each qualifying inspector education course for a period of four years:(A) $5 for content and examination review;(B) $5 for classroom delivery design and presentation review; and(C) $10 for distance education delivery design and presentation review.(17) a fee of $400 for filing an application for accreditation as a continuing inspector education provider for a period of two years;(18) a fee of $50 plus the following fees per classroom hour approved by the Commission for each continuing inspector education course for a period of two years:(A) $2.50 for content and examination review;(B) $2.50 for classroom delivery design and presentation review; and(C) $5 for distance education delivery design and presentation review.(19) the fee required under paragraphs (16)(C) and (18)(C) of this subsection will be waived if the course has already been certified by a distance learning certification center acceptable to the Commission;(20) for an applicant who submits an application prior to September 1, 2023, a fee of $10 for deposit in the Real Estate Inspection Recovery Fund upon an applicant's successful completion of an examination; and(21) the fee charged by the Federal Bureau of Investigation and Texas Department of Public Safety for fingerprinting or other service for a national or state criminal history check in connection with a license application.(b) Fees established by this section must be paid when an application is filed and are not refundable once an application has been accepted for filing.(c) If the Commission receives an application that requires payment of a fee, and a sufficient fee was not submitted with the application, the Commission will return the application and notify the person filing the application that the person must pay the fee before the application will be processed.(d) If a payment to the Commission by or on behalf of a license holder or applicant is dishonored or reversed by a bank or other financial institution, the Commission shall send a request for payment of the dishonored or reversed payment by certified mail to the last known mailing address of the license holder or applicant as shown in the records of the Commission. If the Commission has sent a request for payment in accordance with the provisions of this section, and the license holder or applicant fails to make good on the payment in the form of a cashier's check, money order, or credit card payment within 30 days after the Commission has mailed the request, the license will be placed on inactive status.(e) Placing a license on inactive status under this section does not preclude the Commission from proceeding under §1101.652(a)(3), Texas Occupations Code, against a license holder who has failed to make good a payment issued to the Commission within a reasonable time.", "sourceNote": "Source Note: The provisions of this §535.210 adopted to be effective January 1, 1992, 16 TexReg 7489; amended to be effective December 31, 1993, 18 TexReg 8199; amended to be effective October 11, 1999, 24 TexReg 8758; amended to be effective October 4, 2001, 26 TexReg 7541; amended to be effective September 1, 2002, 27 TexReg 5521; amended to be effective December 29, 2005, 30 TexReg 8693; amended to be effective May 24, 2006, 31 TexReg 4198; amended to be effective December 30, 2007, 32 TexReg 9995; amended to be effective November 17, 2008, 33 TexReg 9240; amended to be effective September 1, 2010, 35 TexReg 7800; amended to be effective November 1, 2011, 36 TexReg 7333; amendedtobe effective January 1, 2013, 37 TexReg 7179; amended to be effective January 1, 2014, 38 TexReg 8237; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective February 29, 2016, 41 TexReg 1443; amended to be effective December 11, 2019, 44 TexReg 7710; amended to be effective June 16, 2020, 45 TexReg 4040; amended to be effective June 11, 2023, 48 TexReg 2948; amended to be effective November 29, 2023, 48 TexReg 6914." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170645", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.211", "label": "Professional Liability Insurance, or Any Other Insurance that Provides Coverage for Violations of Subchapter G of Chapter 1102" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220498", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When an applicant for a license issued under Chapter 1102 has met all other licensing requirements, the Commission shall notify the applicant that the applicant must provide proof of professional liability insurance, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102, before the license will be issued.(b) An inspector must maintain financial responsibility during the period the license is active.(c) The applicant must provide proof of insurance using a Certificate of Insurance form approved by the Commission and signed by the applicant's insurance agent, or any other proof of insurance acceptable to the Commission.(d) An inspector must notify the Commission within 10 days of the cancellation or non-renewal of professional liability insurance coverage, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102.(e) An inspector must retain sufficient records of professional liability insurance coverage, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102, to document to the Commission continuous coverage for the preceding two year license period.(f) The requirement that an inspector carry financial responsibility does not require coverage for violations wherein providing such insurance coverage would be as against public policy.", "sourceNote": "Source Note: The provisions of this §535.211 adopted to be effective December 30, 2007, 32 TexReg 9995; amended to be effective January 2, 2012, 36 TexReg 9328; amended to be effective June 3, 2012, 37 TexReg 4053; amended to be effective November 21, 2013, 38 TexReg 8235; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220498&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220498", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.213", "label": "Qualifying Real Estate Inspector Instructors and Courses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220499", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Approval of Inspector Qualifying Courses. Inspector qualifying courses are approved and regulated as required by §535.62 of this chapter (relating to Approval of Qualifying Courses).(b) Approved Qualifying Courses of Study. The subjects approved for credit for qualifying inspector courses consist of the following modules:(1) Property and Building Inspection Module I (40 hours shall contain the topics and units outlined in the PBIM 1-0, Property and Building Inspection I Qualifying Inspector Course Approval Form, hereby adopted by reference.(2) Property and Building Inspection Module II (40 hours) shall contain the topics and units outlined in the PBIM 2-0, Property and Building Inspection II Qualifying Real Estate Inspector Course Approval Form, hereby adopted by reference.(3) Analysis of Findings and Reporting Module (20 hours) shall contain the topics and units outlined in the AFRM-0, Analysis of Findings and Reporting Module Qualifying Real Estate Inspector Course Approval Form, hereby adopted by reference.(4) Business Operations and Professional Responsibilities Module (10 hours) shall contain the topics and units outlined in the BOPRM-0, Business Operations and Professional Responsibilities Qualifying Real Estate Inspector Course Approval Form, hereby adopted by reference.(5) Texas Law Module (20 hours) shall contain the topics and units outlined in the TLM-1, Texas Law Module, Qualifying Real Estate Inspector Course Approval Form, hereby adopted by reference.(6) Texas Standards of Practice Module (24 hours shall contain the topics and units outlined in the TSOPM-0, Texas Standards of Practice Module Qualifying Real Estate Inspector Course Approval Form, hereby adopted by reference.", "sourceNote": "Source Note: The provisions of this §535.213 adopted to be effective January 1, 2015, 39 TexReg 9669; amended to be effective March 5, 2019, 44 TexReg 1126; amended to be effective August 31, 2020, 45 TexReg 6117; amended to be effective June 11, 2023, 48 TexReg 2948; amended to be effective September 11, 2024, 49 TexReg 7041." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220499&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220499", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.214", "label": "Education and Experience Requirements for a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225978", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sponsored Experience and Education Requirements for a Real Estate Inspector License. To become licensed as a real estate inspector a person must:(1) satisfy the 90-hour education requirement for licensure by completing the following coursework:(A) Property and Building Inspection Module I, total 40 hours;(B) Property and Building Inspection Module II, total 40 hours; and(C) Business Operations and Professional Responsibilities Module, total 10 hours;(2) have been licensed as an apprentice inspector on active status for a total of at least three months within the 12 month period before the filing of the application;(3) complete 25 inspections; and(4) pass the licensure examinations set out in §535.209 of this subchapter (relating to Examinations).(b) Sponsored Experience and Education Requirements for a Professional Inspector License. To become licensed as a professional inspector, a person must:(1) satisfy the 134-hour education requirement for licensure by completing the following coursework:(A) Property and Building Inspection Module I, total 40 hours;(B) Property and Building Inspection Module II, total 40 hours;(C) Business Operations and Professional Responsibilities Module, total 10 hours;(D) Texas Law Module, total 20 hours; and(E) Texas Standards of Practice Module, total 24 hours;(2) have been licensed as a real estate inspector on active status for a total of at least 12 months within the 24 month period before the filing of the application;(3) complete 175 inspections; and(4) pass the licensure examinations set out in §535.209 of this subchapter.(c) Sponsored Experience Criteria. To meet the experience requirements for licensure under subsections (a) or (b) of this section, or to sponsor apprentice inspectors or real estate inspectors:(1) the Commission considers an improvement to real property to be any unit capable of being separately rented, leased or sold; and(2) an inspection of an improvement to real property that includes the structural and equipment/systems of the unit constitutes a single inspection.(d) Substitute Experience and Education Requirements for a Real Estate Inspector License. As an alternative to subsection (a) of this section, to become a licensed real estate inspector, a person must:(1) complete a total of 114 hours of qualifying inspection coursework, which must include the following:(A) Property and Building Inspection Module I, total 40 hours;(B) Property and Building Inspection Module II, total 40 hours;(C) Business Operations and Professional Responsibilities Module, total 10 hours; and(D) Texas Standards of Practice Module, total 24 hours; and(2) complete the Texas Practicum, as defined by subsection (h) of this section; and(3) pass the licensure examinations set out in §535.209 of this subchapter; and(4) be sponsored by a professional inspector.(e) Substitute Experience and Education Requirements for a Professional Inspector License. As an alternative to subsection (b) of this section, to become a licensed professional inspector, a person must:(1) complete a total of 154 hours of qualifying inspection coursework, which must include the following:(A) Property and Building Inspection Module I, total 40 hours;(B) Property and Building Inspection Module II, total 40 hours;(C) Business Operations and Professional Responsibilities Module, total 10 hours;(D) Analysis of Findings and Reporting Module, total 20 hours;(E) Texas Law Module, total 20 hours;(F) Texas Standards of Practice Module, total 24 hours; and(2) complete the Texas Practicum as defined by subsection (h) of this section; and(3) pass the licensure examinations set out in §535.209 of this subchapter.(f) Courses completed for a real estate inspector license under this section shall count towards the identical qualifying inspection coursework for licensure as a professional inspector.(g) Experience Credit. The Commission may award credit for education required under subsections (d) and (e) of this section to an applicant who:(1) has three years of experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property; and(2) provides to the Commission two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience.(h) Texas Practicum.(1) To receive credit for completion, the Texas Practicum must:(A) be supervised by a licensed inspector who has:(i) been actively licensed as a professional inspector for at least five years; and(ii) at least three years of supervisory or training experience with inspectors; or(iii) performed a minimum of 200 real estate inspections as a Texas professional inspector;(B) consist of:(i) a minimum of five complete and in-person inspections, totaling 40 hours, including the preparation by the applicant of a written inspection report for each completed inspection; and(ii) no more than four students per supervising inspector; and(C) include a review of each inspection report prepared by the applicant in which the supervising inspector must find that each report:(i) is considered satisfactory for release to an average consumer; and(ii) demonstrates an understanding of:(I) report writing;(II) client interaction;(III) personal property protection; and(IV) concepts critical for the positive outcome of the inspection process.(2) An applicant may request credit for completing the Texas Practicum by submitting to the Commission the credit request form approved by the Commission.(3) Audits.(A) The Commission staff may conduct an audit of any information provided on the credit request form, including verifying that the supervising inspector meets the qualifications in paragraph (1)(A) of this subsection.(B) The following acts committed by a supervising inspector conducting the Texas Practicum are grounds for disciplinary action:(i) making material misrepresentation of fact;(ii) making a false representation to the Commission, either intentionally or negligently, that an applicant completed the Texas Practicum in its entirety, satisfying all requirements for credit.", "sourceNote": "Source Note: The provisions of this §535.214 adopted to be effective August 31, 2020, 45 TexReg 6117; amended to be effective June 11, 2023, 48 TexReg 2948; amended to be effective September 11, 2024, 49 TexReg 7042." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225978", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.215", "label": "Inactive Inspector Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of this section, an \"inactive\" inspector is a licensed professional inspector, real estate inspector, or apprentice inspector who is not authorized by law to engage in the business of performing real estate inspections as defined by Chapter 1102.(b) The Commission may place an inspector on inactive status for any of the following reasons:(1) the written request of the inspector to be placed on inactive status as provided for under subsection (c); or(2) the inspector's failure to satisfy continuing education requirements. In addition, the inspector's license is inactive when the following occurs:(A) termination of sponsorship by a professional inspector; (B) the death of the inspector's sponsoring professional inspector;(C) the expiration, suspension, or revocation of the license of the inspector's sponsoring professional inspector;(D) the failure of the license holder to provide to the Commission proof of financial responsibility as required by Chapter 1102 and on a form approved by the Commission for that purpose; or(E) the expiration or non-renewal of the inspector's financial responsibility as required by Chapter 1102.(c) To be placed on inactive status by request, an inspector must do the following:(1) file a request for inactive status using a process acceptable to the Commission; and(2) if the inspector is a licensed professional inspector, confirm in writing that the inspector has, at least 30 days prior to filing the request for inactive status, given any real estate inspectors or apprentice real estate inspectors sponsored by the inspector written notice that the inspector will no longer be their sponsor.(d) A professional inspector on inactive status may apply to the Commission for return to active status by:(1) filing a request using a process acceptable to the Commission;(2) providing the Commission with documentation that the inspector has satisfied all continuing education requirements under Chapter 1102 and this chapter; and(3) submitting any required fee.(e) An apprentice inspector or real estate inspector who has been placed on inactive status may return to status if:(1) the inspector has completed all applicable continuing education requirements; and(2) the inspector's sponsoring professional inspector has requested that the apprentice inspector or real estate inspector be returned to active status using a process acceptable to the Commission. (f) If a professional inspector terminates the sponsorship of an apprentice inspector or real estate inspector, the license of the apprentice inspector or real estate inspector immediately becomes inactive.(g) Inactive inspectors may not perform inspections. Performance of inspections while on inactive status is grounds for disciplinary action against the inactive license holder. A professional inspector who has been placed on inactive status may not return to practice or sponsor apprentices or inspectors until the professional inspector has met the requirements to be returned to active status under this section. It is a violation of this section and grounds for disciplinary action against a professional inspector for the professional inspector to permit an inactive apprentice inspector or an inactive real estate inspector to perform inspections in association with, or on behalf of, the professional inspector.", "sourceNote": "Source Note: The provisions of this §535.215 adopted to\r\nbe effective September 15, 1994, 19 TexReg 6915; amended to be effective\r\nNovember 19, 2001, 26 TexReg 9382; amended to be effective August\r\n31, 2004, 29 TexReg 8297; amended to be effective December 30, 2007,\r\n32 TexReg 9995; amended to be effective January 1, 2011, 35 TexReg\r\n11693; amended to be effective November 29, 2012, 37 TexReg 9366;\r\namended to be effective January 1, 2015, 39 TexReg 9669; amended to\r\nbe effective June 16, 2020, 45 TexReg 4040; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225979", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.216", "label": "Renewal of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173357", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Renewal application.(1) A license issued by the Commission under Chapter 1102 expires on the date shown on the face of the license issued to the license holder.(2) If a license holder intends to renew an unexpired license, the license holder must, on or before the expiration date of the current license:(A) file a renewal application using a process acceptable to the Commission;(B) pay the appropriate fee as required by §535.210 of this subchapter (relating to Fees);(C) comply with the fingerprinting requirements of Chapter 1102;(D) satisfy the applicable continuing education requirements of Chapter 1102 and this subchapter; and(E) provide proof of financial responsibility as required in Chapter 1102 on a form approved by the Commission.(3) An apprentice inspector or a real estate inspector must be sponsored by a licensed professional inspector in order to renew a license on an active status.(b) Renewal Notice.(1) The Commission will send a renewal notice to each license holder at least 90 days before the license expiration date.(2) If a license holder intends to renew a license, failure to receive a renewal notice does not relieve the license holder from responsibility of applying for renewal as required in this section.(c) Request for information.(1) The Commission may request a license holder to provide additional information to the Commission in connection with a renewal application.(2) A license holder must provide the information requested by the Commission within 30 days after the date of the Commission's request.(3) Failure to provide the information requested within the required time is grounds for disciplinary action under Chapter 1102.(d) Renewal on inactive status.(1) Licensed professional inspectors, real estate inspectors and apprentice inspectors may renew a license on inactive status.(2) Inspectors are not required to complete continuing education courses as a condition of renewing a license on inactive status, but must satisfy continuing education requirements before returning to active status.(e) Late Renewal.(1) If a license has been expired for less than six months, a license holder may renew the license by:(A) filing a renewal application using a process acceptable to the Commission; and(B) paying the appropriate late renewal fee as required by §535.210 of this subchapter;(2) Provided the license holder meets all the requirements of this subsection, the Commission will renew the license on an inactive status.(3) Reactivation of a license on inactive status under this subsection is governed by §535.211 of this subchapter (relating to Professional Liability Insurance, or Any other Insurance that Provides Coverage for Violations of Subchapter G of Chapter 1102) and §535.215 of this subchapter (relating to Inactive Inspector Status).(f) License Reinstatement.(1) If a license has been expired for more than six months, a license holder may not renew the license.(2) A license holder may reinstate an expired license if the license holder:(A) has held a professional inspector or real estate inspector license during the 24 months preceding the date the reinstatement application is filed;(B) submits evidence satisfactory to the commission of successful completion of the continuing education hours required for the renewal of that license; and(C) satisfies the commission as to the applicant's honesty, trustworthiness, and integrity.(3) Applicants for a real estate inspector license must submit evidence of sponsorship by a professional inspector.(4) An applicant for reinstatement is not required to take an examination.(g) Denial of Renewal or Reinstatement. The Commission may deny an application for license renewal or reinstatement if a license holder is in violation of the terms of a Commission order.(h) Renewal of license for military service member. A license holder on active duty in the United States armed forces is entitled to two years of additional time to renew an expired license without being subject to any increase in fee, any education or experience requirements or examination if the license holder:(1) provides a copy of official orders or other official documentation acceptable to the Commission showing that the license holder was on active duty during the license holder's last renewal period; and(2) pays the renewal application fee in effect when the previous license expired.", "sourceNote": "Source Note: The provisions of this §535.216 adopted\r\nto be effective February 11, 1992, 17 TexReg 680; amended to be effective\r\nDecember 21, 1993, 18 TexReg 9103; amended to be effective September\r\n15, 1994, 19 TexReg 6915; amended to be effective December 1, 1999,\r\n24 TexReg 10554; amended to be effective January 1, 2001, 25 TexReg\r\n11653; amended to be effective October 4, 2001, 26 TexReg 7541; amended\r\nto be effective August 31, 2004, 29 TexReg 8297; amended to be effective\r\nDecember 29, 2005, 30 TexReg 8693; amended to be effective December\r\n30, 2007, 32 TexReg 9995; amended to be effective January 1, 2011,\r\n35 TexReg 11693; amended to be effective November 29, 2012, 37TexReg9366;\r\namended to be effective November 21, 2013, 38 TexReg 8235; amended\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8249; amended to be effective March 6,\r\n2017, 42 TexReg 1028; amended to be effective March 4, 2020, 45 TexReg\r\n1436; amended to be effective March 16, 2021, 46 TexReg 1644; amended\r\nto be effective October 1, 2023, 48 TexReg 2955; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173357", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.217", "label": "Mailing Address and Other Contact Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225980", "queryAsDate": "03/11/2026" }, "ruleBody": "Each license holder shall provide a mailing address, phone number, and email address, if available, to the Commission and shall report all subsequent changes not later than the 30th day after the date of a change of any of the listed contact information. If a license holder fails to update the contact information, the last known contact information provided to the Commission is the license holder's contact information.", "sourceNote": "Source Note: The provisions of this §535.217 adopted to be effective January 1, 2011, 35 TexReg 11693; amended to be effective May 31, 2011, 36 TexReg 3330; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 7, 2015, 40 TexReg 5790." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225980&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225980", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.218", "label": "Continuing Education Required for Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224346", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Continuing education required for renewal.(1) Before renewal of an inspector license, a license holder must take 32 hours of continuing education which shall include the following:(A) 24 hours in the following subjects:(i) Foundations;(ii) Framing;(iii) Building Enclosures;(iv) Roof Systems;(v) Plumbing Systems;(vi) Electrical Systems;(vii) HVAC Systems;(viii) Appliances;(ix) Texas Standard Report Form Writing;(x) Other approved courses related real estate inspections; and(B) eight hours of non-elective coursework in legal, ethics, SOPs, and report writing.(2) An inspector who files an application for reinstatement of an expired license within two years of the expiration date of the previous license must provide evidence satisfactory to the Commission that the applicant has completed any continuing education that would have been otherwise required for timely renewal of the previous license had that license not expired.(3) An inspector is not eligible to receive more than 16 hours continuing education credit for any one single subject described in subsection (a)(1) of this section.(b) Receiving continuing education credit for ride-along inspection course.(1) Up to eight hours of continuing education credit per two year license period may be given to a license holder for completion of a ride-along inspection course.(2) At a minimum, a ride-along inspection course must:(A) consist of one full residential property inspection; and(B) review applicable standards of practice and departure provisions contained in §§535.227 - 535.233 of this subchapter. (3) In order to qualify for real estate inspector continuing education credit, a ride-along inspection course shall consist of no more than two students per session.(4) The instructor of a ride-along inspection course may:(A) review report writing; and(B) deliver a notice regarding the ride-along session on a form approved by the Commission to the prospective buyer or seller of the home being inspected.(c) Continuing education credit for students.(1) The Commission may not grant continuing education credit twice for a course with the same course content taken by a license holder within a two year period.(2) Unless a real estate inspection continuing education course is offered by alternative delivery methods, completion of a final examination is not required for a license holder to receive continuing education credit for a course.(3) The Commission will not grant partial credit to an inspector who attends a portion of a course.(d) Continuing education credit for course taken outside of Texas. An inspector may receive continuing education elective credit for a course taken to satisfy the continuing education requirements of a country, territory, or state other than Texas if:(1) the inspector licensed in Texas held an active inspector license in a country, territory, or state other than Texas at the time the course was taken;(2) the course was approved for continuing education credit for an inspector license by a country, territory, or state other than Texas at the time the course was taken;(3) the successful completion of the course has been evidenced by a course completion certificate, a letter from the provider or such other proof satisfactory to the Commission;(4) the subject matter of the course was predominately devoted to a subject acceptable for continuing education credit for an inspector licensed in Texas; and(5) the inspector licensed in Texas has filed a Continuing Education (CE) Credit Request for an Out of State Course, with the Commission.(e) Continuing education credit for instructors.(1) Providers may request continuing education credit be given to instructors of real estate inspection courses subject to the following guidelines:(A) instructors may receive credit for only those portions of the course which they teach; and(B) instructors may receive full course credit by attending all of the remainder of the course.(2) An instructor may receive continuing education credit for a ride-along inspection course conducted by the instructor if:(A) the course is completed during the term of the instructor's current license period; and(B) the instructor provides the Commission a certification of course completion no later than the expiration date of that license period using a process acceptable to the Commission.(3) Instructors of ride-along inspection course sessions may only receive up to 8 hours of continuing education credit for teaching the course per license period.(f) Continuing education credit for attendance at a meeting of the Texas Real Estate Inspector Committee. An inspector licensed in Texas may receive up to four hours of continuing education elective credit per license period for attendance in person at any meeting of the full Texas Real Estate Inspector Committee, provided that the inspector attend the entire meeting. Partial credit will not be awarded.(g) Continuing education credit for courses taken by persons who hold another occupational license issued by a governmental body in Texas. An inspector licensed in Texas may receive continuing education credit for a course taken to satisfy the continuing education requirements for another occupational license if:(1) the inspector files the applicable form using a process acceptable to the Commission;(2) the inspector holds one of the following occupational licenses, including but not limited to:(A) plumber;(B) electrician;(C) architect;(D) professional engineer;(E) air conditioner and refrigeration technician; or(F) structural pest control applicator or technician;(3) at the time the course was taken:(A) the inspector held an active occupational license issued by a governmental body in Texas; and(B) the course was approved for continuing education credit for the other occupational license;(4) the inspector demonstrates successful completion of the course by submitting:(A) a course completion certificate;(B) a letter from the provider; or(C) other proof satisfactory to the Commission; and(5) the primary subject matter of the course was a subject acceptable for continuing education credit for an inspector licensed in Texas.", "sourceNote": "Source Note: The provisions of this §535.218 adopted\r\nto be effective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nDecember 7, 2016, 41 TexReg 9525; amended to be effective May 24,\r\n2017, 42 TexReg 2727; amended to be effective December 6, 2017, 42\r\nTexReg 6805; amended to be effective March 5, 2019, 44 TexReg 1126;\r\namended to be effective September 2, 2019, 44 TexReg 4739; amended\r\nto be effective June 11, 2023, 48 TexReg 2948; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224346&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224346", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.219", "label": "Schedule of Administrative Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213826", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may suspend or revoke a license or take other disciplinary action authorized by Chapter 1102 in addition to or instead of assessing the administrative penalties set forth in this section.(b) The administrative penalties set forth in this section consider the criteria listed in §1101.702(b) of the Act.(c) An administrative penalty range of $100 - $1,500 per violation per day may be assessed for violations of the following sections of Chapter 1101, Chapter 1102 and this subchapter:(1) §1101.652(a)(8);(2) §1102.118;(3) §1102.305;(4) 22 TAC §535.216(c);(5) 22 TAC §535.217;(6) 22 TAC §535.220(a) - (d) and (g);(7) 22 TAC §535.221; and(8) 22 TAC §535.223.(d) An administrative penalty range of $500 - $3,000 per violation per day may be assessed for violations of the following sections of Chapter 1101, Chapter 1102 and this subchapter:(1) §§1101.652(a)(3) - (4);(2) §1102.301;(3) 22 TAC §535.222;(4) 22 TAC §535.226(d) - (e); and(5) 22 TAC §§535.227 - 535.233.(e) An administrative penalty of $1,000 - $5,000 per violation per day may be assessed for violations of the following sections of Chapter 1101, Chapter 1102 and this subchapter:(1) §§1101.652(a)(2), (5) - (6);(2) §1102.101;(3) §1102.102;(4) §1102.103;(5) §1102.302;(6) §1102.303;(7) §1102.304;(8) 22 TAC §535.208(e)(2);(9) 22 TAC §535.211;(10) 22 TAC §535.215;(11) 22 TAC §535.220(e)(1), (3) - (7); and(12) 22 TAC §535.224(b)(1) - (2).(f) The Commission may assess an administrative penalty of up to two times that outlined under subsections (c), (d), and (e) of this section, subject to the maximum penalties authorized under §1101.702(a) of the Act, if a person has a history of previous violations.(g) Payment of an administrative penalty must be submitted in a manner acceptable to the Commission. Payments authorized to be submitted online may be subject to fees set by the Department of Information Resources that are in addition to the administrative penalty assessed by the Commission.", "sourceNote": "Source Note: The provisions of this §535.219 adopted to\r\nbe effective September 1, 2011, 2011, 36 TexReg 5212; amended to be\r\neffective January 1, 2015, 39 TexReg 9669; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8249; amended to be effective March 5,\r\n2019, 44 TexReg 1126; amended to be effective December 11, 2019, 44\r\nTexReg 7709; amended to be effective June 11, 2023, 48 TexReg 2948;\r\namended to be effective November 29, 2023, 48 TexReg 6914; amended\r\nto be effective March 5, 2025, 50 TexReg 1683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213826&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213826", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.220", "label": "Professional Conduct and Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170653", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The responsibility of those persons who engage in the business of performing independent inspections of improvements in real estate transactions imposes integrity beyond that of a person involved in ordinary commerce. Each inspector must maintain a high standard of professionalism, independence, objectivity and fairness while performing inspections in a real estate transaction. Each inspector license holder must also uphold, maintain, and improve the integrity, reputation, and practice of the home inspection profession.(b) The relationship between an inspector and a client should at a minimum meet the following guidelines.(1) In accepting employment as an inspector, the inspector should protect and promote the interest of the client to the best of the inspector's ability and knowledge, recognizing that the client has placed trust and confidence in the inspector.(2) In the interest of the client and the inspector's profession, the inspector should endeavor always to maintain and increase the inspector's level of knowledge regarding new developments in the field of inspection.(3) The inspector should conduct the inspector's business in a manner that will assure the client of the inspector's independence from outside influence and interests that might compromise the inspector's ability to render a fair and impartial opinion regarding any inspection performed.(c) The relationship between an inspector and the public should at a minimum meet the following guidelines.(1) The inspector should deal with the general public at all times and in all manners in a method that is conducive to the promotion of professionalism, independence and fairness to the inspector, the inspector's business and the inspection industry.(2) The inspector should attempt to assist the general public in recognizing and understanding the need for inspections, whether the inspector is selected to perform such inspection or not.(3) The inspector accepts the duty of protecting the public against fraud, misrepresentation or unethical practices in the field of real estate inspections.(d) The relationship of the inspector with another inspector should at a minimum meet the following guidelines.(1) The inspector should bind himself to the duty of maintaining fairness and integrity in all dealings with other inspectors and other persons performing real estate inspections.(2) The inspector should cooperate with other inspectors to ensure the continued promotion of the high standards of the real estate inspection profession and pledges himself or herself to the continued pursuit of increasing competence, fairness, education and knowledge necessary to achieve the confidence of the public.(3) If an inspector has knowledge of a possible violation of the rules of the Commission or Chapter 1102, the inspector should report the possible violation to the Commission.(e) An inspector shall comply with the following requirements.(1) An inspector shall not inspect a property when any compensation or future referrals depend on reported findings or on the closing or settlement of a property.(2) In this section, \"settlement service\" means a service provided in connection with a prospective or actual settlement, and \"settlement service provider\" includes, but is not limited to, any one or more of the following:(A) federally related mortgage loan originator;(B) mortgage broker;(C) a lender or other person who provides any service related to the origination, processing or funding of a real estate loan;(D) a title service provider;(E) an attorney;(F) a person who prepares documents, including notarization, delivery, and recordation;(G) a person who provides credit report services;(H) an appraiser;(I) an inspector;(J) a settlement agent;(K) a person who provides mortgage insurance services;(L) a person who provides services involving hazard, flood, or other casualty insurance, homeowner's warranties, or residential service contract;(M) a real estate agent or broker; and(N) a person who provides any other services for which a settlement service provider requires a borrower or seller to pay.(3) An inspector shall not pay or receive a fee or other valuable consideration to or from any other settlement service provider for, but not limited to, the following:(A) the referral of inspections;(B) inclusion on a list of inspectors, preferred providers, or similar arrangements; or(C) inclusion on lists of inspectors contingent on other financial agreements.(4) An inspector shall not receive a fee or other valuable consideration, directly or indirectly, for referring services that are not settlement services or other products to the inspector's client without the client's written consent.(5) This section does not prohibit an inspector from paying or receiving a fee or other valuable consideration, such as to or from a contractor, for services actually rendered.(6) An inspector shall not accept employment to repair, replace, maintain or upgrade systems or components of property covered by the Standards of Practice under this subchapter on which the inspector has performed an inspection under a real estate contract, lease, or exchange of real property within 12 months of the date of the inspection.(7) Inspectors shall not disclose inspection results or client information without prior approval from the client. Inspectors, at their discretion, may disclose observed immediate safety hazards to occupants exposed to such hazards when feasible.(8) This subsection does not prohibit:(A) normal promotional or educational activity that is not conditioned on the referral of business and that does not involve the defraying of expenses that otherwise would be incurred; or(B) a payment at market rates to any person for goods actually furnished or for services actually performed.(f) The inspector should make a reasonable attempt to cooperate with other professionals and related tradespersons at all times and in all manners in a method that is conducive to the promotion of professionalism, independence and fairness to the inspector, the inspector's business, and the inspection industry.(g) Each active licensed inspector shall provide the consumer notice adopted under §531.18 of this chapter (relating to Consumer Information) in the manner described by that section.", "sourceNote": "Source Note: The provisions of this §535.220 adopted to be effective March 6, 1992, 17 TexReg 1542; amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective August 28, 2006, 31 TexReg 6736; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8249; amended to be effective March 5, 2019, 44 TexReg 1126; amended to be effective September 2, 2019, 44 TexReg 4740; amended to be effective August 30, 2021, 46 TexReg 5418; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170653&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170653", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.221", "label": "Advertisements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213771", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of this section, advertisements are all communications created or caused to be created by a licensed inspector for the purpose of inducing or attempting to induce a member of the public to use the services of the inspector, including but not limited to the following types of communications when disseminated for this purpose: inspection reports, business cards, invoices, signs, brochures, email, the Internet, electronic transmissions, text messages, and purchased telephone directory displays and advertising by newspaper, radio and television.(b) Advertisements by a person licensed as an inspector must contain the name or assumed business name of the license holder. The advertisements must also contain the license number of the person. If the person is licensed as a real estate inspector or as an apprentice inspector, the advertisements must also contain the following:(1) the name or assumed name of the person's sponsoring professional inspector; and(2) a statement indicating that the person is sponsored by that professional inspector.(c) A licensed professional inspector, real estate inspector or apprentice inspector shall notify the Commission in writing within 30 days after the inspector starts or stops using a name in business other than the name in which the inspector is licensed.(d) Websites containing advertising by one or more inspectors must include the license number of each licensed person whose name or assumed business name appears on the website. For the purposes of an inspector's or inspection company's own website, it is sufficient for the license number(s) to appear on a single prominent page of the website, such as the main page or the \"About Us\" page. For the purposes of social networking websites, including websites through which license holders may transmit electronic messages to other members of the same site, it is sufficient for license number(s) to appear on the inspector's main or profile page.(e) The Commission may reprimand or suspend or revoke the license of a person who is found to have engaged in false or misleading advertising or to have failed to comply with provisions of this section.", "sourceNote": "Source Note: The provisions of this §535.221 adopted to be effective January 4, 1993, 17 TexReg 8955; amended to be effective December 21, 1993, 18 TexReg 9103; amended to be effective March 12, 1997, 22 TexReg 2429; amended to be effective January 1, 2001, 25 TexReg 11653; amended to be effective January 1, 2011, 35 TexReg 11693; amended to be effective March 21, 2012, 37 TexReg 1908; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213771", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.222", "label": "Inspection Reports" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212970", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each inspection, the inspector shall prepare a written inspection report noting observed deficiencies and other items required to be reported. Unless otherwise agreed in writing by the client, the inspector shall:(1) deliver the report to the client within two days of receipt of payment in full for the inspection; or(2) if payment in full is received before the scheduled inspection, deliver the report to the client within two days of completion of the inspection.(b) The inspection report shall include:(1) the name and license number of each inspector who participated in performing the inspection, as well as the name(s) and license number(s) of any supervising real estate inspector(s) and sponsoring professional inspector(s), if applicable;(2) the address or other unique description of the property on each page of the report; and(3) the client's name.", "sourceNote": "Source Note: The provisions of this §535.222 adopted to be effective February 1, 2009, 33 TexReg 9240; amended to be effective January 1, 2011, 35 TexReg 11693; amended to be effective September 2, 2019, 44 TexReg 4741; amended to be effective June 11, 2023, 48 TexReg 2956." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212970&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212970", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.223", "label": "Standard Inspection Report Form" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213827", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission adopts by reference Property Inspection Report Form REI 7-6, approved by the Commission for use in reporting inspections results. This document is published by and available from the Commission website: www.trec.texas.gov, or by writing to the Commission at Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.(1) Except as provided by this section, inspections performed for a prospective buyer or prospective seller of substantially complete one-to-four family residential property shall be reported on Form REI 7-6 adopted by the Commission (\"the standard form\").(2) If an inspector uses computer software or other means to produce an inspection report, the inspector must reproduce the text of the standard form verbatim and the spacing, borders and placement of text must be identical to the standard form.(3) An inspector may make the following changes to the standard form:(A) delete the line for name and license number, of the sponsoring inspector, if the inspection was performed solely by a professional inspector;(B) change the typeface; provided that it is no smaller than a 10 point font;(C) change the color of the typeface and checkboxes;(D) use legal sized (8-1/2\" by 14\") paper;(E) add a cover page to the report form;(F) add footers to each page of the report except the first page and may add headers to each page of the report;(G) place the property identification and page number at either the top or bottom of the page;(H) add subheadings under items, provided that the numbering of the standard items remains consistent with the standard form;(I) list other items in the corresponding appropriate section of the report form and additional captions, letters, and check boxes for those items;(J) delete inapplicable subsections of Section VI., Optional Systems, and re-letter any remaining subsections;(K) delete \"Other\" subsections of Section I. through Section VI.;(L) as the inspector deems necessary:(i) allocate such space for comments in:(I) the \"Additional Information Provided by the Inspector\" section; and(II) each section provided for comments for each inspected item;(ii) attach additional pages of comments; or(iii) both;(M) include a service agreement/inspection contract or contractual terms between the inspector and a client with the standard form under the \"Additional Information Provided by the Inspector\" section or as an attachment to the standard form;(N) attach additional pages to the form if:(i) it is necessary to report the inspection of a component, or system not contained in the standard form; or(ii) the space provided on the form is inadequate for a complete reporting of the Inspection;(O) attach additional reporting information produced by computer software so long as the standard report form is provided before that information; and(P) Remove the Commission's logo or substitute the inspector's logo in place of the Commission's logo.(4) The inspector shall renumber the pages of the standard form to correspond with any changes made necessary due to adjusting the space for comments or adding additional items and shall number all pages of the report, including any addenda.(5) The inspector shall indicate, by checking the appropriate boxes on the form, whether each item was inspected, not inspected, not present, or deficient and explain the findings in the corresponding section in the body of the report form. If multiple boxes are checked, the inspector must also include an explanation as to the reason for checking multiple boxes in the applicable section of the report form.(6) This section does not apply to the following:(A) re-inspections of a property performed for the same client;(B) inspections performed for or required by a lender or governmental agency;(C) inspections for which federal or state law requires use of a different report;(D) quality control construction inspections of new homes performed for builders, including phased construction inspections, inspections performed solely to determine compliance with building codes, warranty or underwriting requirements, or inspections required by a municipality and the builder or other entity requires use of a different report, and the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: \"This report was prepared for a builder or other entity in accordance with the builder's requirements. The report is not intended as a substitute for an inspection of the property by an inspector of the buyer's choice. Standard inspections performed by a license holder and reported on Commission promulgated report forms may contain additional information a buyer should consider in making a decision to purchase.\" If a report form required for use by the builder or builder's employee does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector; or(E) an inspection of a building or addition that is not substantially complete.", "sourceNote": "Source Note: The provisions of this §535.223 adopted to be effective February 1, 2009, 33 TexReg 9241; amended to be effective September 13, 2009, 34 TexReg 6338; amended to be effective January 1, 2014, 38 TexReg 3347; amended to be effective May 21, 2014, 39 TexReg 3862; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 1, 2015, 40 TexReg 2757; amended to be effective December 9, 2018, 43 TexReg 7907; amended to be effective February 1, 2022, 46 TexReg 5770; amended to be effective March 7, 2023, 48 TexReg 1305." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213827", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.224", "label": "Practice and Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170656", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Proceedings shall be conducted in the manner contemplated by §§533.1 - 533.10, 533.20 - 533.21, 533.25, 533.30 - 533.37 and 533.40 of this chapter and with Chapter 2001, Texas Government Code.(b) In addition to the grounds for disciplinary action provided in Chapter 1102, a license of an inspector may be suspended or revoked by the Commission if the inspector:(1) fails to maintain professional liability insurance coverage, a bond or any other security acceptable by the Commission that provides coverage for violations of Subchapter G of Chapter 1102 during the period a license is active; or(2) fails to notify the Commission within 10 days of the cancellation or non-renewal of professional liability insurance coverage, a bond or any other security acceptable by the Commission that provides coverage for violations of Subchapter G of Chapter 1102.", "sourceNote": "Source Note: The provisions of this §535.224 adopted to be effective January 1, 1992, 16 TexReg 7489; amended to be effective December 21, 1993, 18 TexReg 9103; amended to be effective January 1, 2001, 25 TexReg 11653; amended to be effective August 31, 2004, 29 TexReg 8297; amended to be effective December 30, 2007, 32 TexReg 9995; amended to be effective November 29, 2012, 37 TexReg 9367; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective January 1, 2016, 40 TexReg 8249; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170656", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.226", "label": "Sponsorship of Apprentice Inspectors and Real Estate Inspectors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An apprentice inspector or real estate inspector may be sponsored by only one licensed professional inspector.(b) A change in sponsorship shall be reported to the Commission immediately. If the sponsorship has ended because the professional inspector has terminated the sponsorship, the professional inspector shall immediately so notify the apprentice or real estate inspector in writing. If the sponsorship has ended because the apprentice inspector or real estate inspector has left the sponsorship, the apprentice inspector or real estate inspector shall immediately so notify the professional inspector in writing.(c) An apprentice inspector or real estate inspector who is on active status may act for the new sponsoring professional inspector once the Commission has been notified of the change and any required fee has been submitted. If the apprentice or real estate inspector is on inactive status, the return to active status shall be subject to the requirements of §535.215 of this title.(d) A licensed professional inspector is responsible for the conduct of a sponsored apprentice inspector. At a minimum, a licensed professional inspector shall provide direct supervision of the apprentice inspector by:(1) accompanying the apprentice inspector during the performance of all inspections performed by the apprentice or arranging for a real estate inspector to accompany the apprentice; and(2) reviewing any written inspection report prepared by the apprentice inspector for compliance with the provisions of the standards of practice adopted by the Commission.(e) A licensed professional inspector is responsible for the conduct of a sponsored real estate inspector. A licensed professional inspector shall provide indirect supervision in a manner which protects the public when dealing with the real estate inspector. At a minimum a professional inspector shall provide indirect supervision of the real estate inspector by:(1) communicating with the real estate inspector on a regular basis about the inspections being performed by the real estate inspector; and(2) reviewing on a regular basis written inspection reports prepared by the real estate inspector for compliance with the provisions of the standards of practice adopted by the Commission.(f) A sponsoring professional inspector may delegate the supervision of an apprentice inspector or real estate inspector to another professional inspector who is qualified to sponsor, but the sponsor remains responsible for the conduct of the sponsored inspector.", "sourceNote": "Source Note: The provisions of this §535.226 adopted to be effective January 1, 1992, 16 TexReg 7489; amended to be effective January 4, 1993, 17 TexReg 8955; amended to be effective December 21, 1993, 18 TexReg 9103; amended to be effective September 15, 1994, 19 TexReg 6915; amended to be effective January 1, 2001, 25 TexReg 11653; amended to be effective January 1, 2011, 35 TexReg 11693; amended to be effective June 3, 2012, 37 TexReg 4054; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206255", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.227", "label": "Standards of Practice: General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206256", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Scope.(1) These standards of practice apply when a professional inspector or real estate inspector who is licensed under this chapter accepts employment to perform a real estate inspection for a prospective buyer or seller of real property.(2) These standards of practice define the minimum requirements for a real estate inspection conducted on a one to four family unit that is substantially completed. Substantially completed means the stage of construction when a new building, addition, improvement, or alteration to an existing building can be occupied or used for its intended purpose.(3) For the purposes of these standards of practice a real estate inspection:(A) is a limited visual survey and basic performance evaluation of the systems and components of a building using normal controls that provides information regarding the general condition of a residence at the time of inspection;(B) is not intended to be a comprehensive investigation or exploratory probe to determine the cause or effect of deficiencies noted by the inspector; and(C) requires the use of reasonable and appropriate tools to satisfy the requirements of the standards of practice. However an inspection does not require the use of:(i) specialized equipment, including but not limited to:(I) thermal imaging equipment;(II) moisture meters;(III) gas or carbon monoxide detection equipment;(IV) environmental testing equipment and devices;(V) elevation determination devices;(VI) ladders capable of reaching surfaces over one story above ground surfaces;(VII) cameras or other tools used to inspect the interior of a drain or sewer line; or(VIII) drones; or(ii) specialized procedures, including but not limited to:(I) environmental testing;(II) elevation measurement;(III) calculations; or(IV) any method employing destructive testing that damages otherwise sound materials or finishes.(4) These standards of practice do not prohibit an inspector from providing a higher level of inspection performance than required by these standards of practice or from inspecting components and systems in addition to those listed under the standards of practice. If an inspector provides services beyond the scope required by these standards of practice, including the use of specialized equipment, or inspects components and systems in addition to those listed under the standards of practice, the inspector must possess the competency required to do so.(b) Definitions.(1) Accessible--In the reasonable judgment of the inspector, capable of being approached, entered, or viewed without:(A) hazard to the inspector;(B) having to climb over obstacles, moving furnishings or large, heavy, or fragile objects;(C) using specialized equipment or procedures;(D) disassembling items other than covers or panels intended to be removed for inspection;(E) damaging property, permanent construction or building finish; or(F) using a ladder for portions of the inspection other than the roof or attic space.(2) Chapter 1102--Texas Occupations Code, Chapter 1102.(3) Component--A part of a system.(4) Cosmetic--Related only to appearance or aesthetics, and not related to performance, operability, or water penetration.(5) Deficiency--In the reasonable judgment of the inspector, a condition that:(A) adversely and materially affects the performance of a system, or component; or(B) constitutes a hazard to life, limb, or property as specified by these standards of practice.(6) Deficient--Reported as having one or more deficiencies.(7) Gas distribution system--All gas lines between the point of delivery and appliance shutoff valves.(A) The point of delivery for a natural gas system is:(i) the outlet of the service meter assembly;(ii) the outlet of the service regulator; or(iii) the service shut valve where a meter is not provided. Where a system shutoff valve is provided after the outlet of the service meter assembly, such valve shall be considered to be downstream of the point of delivery.(B) The point of delivery for undiluted liquefied petroleum gas systems is the outlet of the service pressure regulator, exclusive of line gas regulators, in the system.(8) Inspect--To operate in normal ranges using ordinary controls at typical settings, look at and examine accessible systems or components and report observed deficiencies as specified by these standards of practice.(9) Performance--Achievement of an operation, function or configuration relative to accepted industry standard practices with consideration of age and normal wear and tear from ordinary use.(10) Report--To provide the inspector's opinions and findings regarding systems and components required by the standards of practice.(11) Standards of practice--§§535.227 - 535.233 of this title.(c) General Requirements. The inspector shall:(1) operate fixed or installed equipment and appliances listed herein in at least one mode with ordinary controls at typical settings;(2) visually inspect accessible systems or components from near proximity to the systems and components, and from the interior of the attic and crawl spaces; and(3) complete the standard inspection report form as required by §535.222 and §535.223 of this title.(d) General limitations. The inspector is not required to:(1) inspect:(A) items other than those listed within these standards of practice;(B) elevators;(C) detached buildings, decks, docks, fences, waterfront structures, or related equipment;(D) anything buried, hidden, latent, or concealed;(E) sub-surface drainage systems;(F) automated or programmable control systems, automatic shutoff, photoelectric sensors, timers, clocks, metering devices, signal lights, lightning arrestor system, remote controls, security or data distribution systems, solar panels or smart home automation components; or(G) concrete flatwork such as driveways, sidewalks, walkways, paving stones or patios;(2) report:(A) past repairs that appear to be effective and workmanlike except as specifically required by these standards;(B) cosmetic or aesthetic conditions; or(C) wear and tear from ordinary use;(3) determine:(A) the presence or absence of pests, termites, or other wood-destroying insects or organisms;(B) the presence, absence, or risk of:(i) asbestos;(ii) lead-based paint;(iii) mold, mildew;(iv) corrosive or contaminated drywall \"Chinese Drywall\"; or(v) any other environmental hazard, environmental pathogen, carcinogen, toxin, mycotoxin, pollutant, fungal presence or activity, or poison;(C) types of wood or preservative treatment and fastener compatibility;(D) the cause or source of a condition;(E) the cause or effect of deficiencies; or(F) any of the following issues concerning a system or component:(i) insurability or warrantability;(ii) suitability, adequacy, compatibility, capacity, reliability, marketability, or operating costs;(iii) recalls, counterfeit products, or product lawsuits;(iv) life expectancy or age;(v) energy efficiency, vapor barriers, or thermostatic performance;(vi) compliance with any code, listing, testing or protocol authority;(vii) utility sources; or(viii) manufacturer or regulatory requirements, except as specifically required by these standards;(4) anticipate future events or conditions, including but not limited to:(A) decay, deterioration, or damage that may occur after the inspection;(B) deficiencies from abuse, misuse or lack of use;(C) changes in performance of any component or system due to changes in use or occupancy;(D) the consequences of the inspection or its effects on current or future buyers and sellers;(E) common household accidents, personal injury, or death;(F) the presence of water penetrations; or(G) future performance of any item;(5) operate shutoff, safety, stop, pressure or pressure-regulating valves or items requiring the use of codes, keys, combinations, or similar devices;(6) designate conditions as safe;(7) recommend or provide engineering, architectural, appraisal, mitigation, physical surveying, realty, or other specialist services;(8) review historical records, installation instructions, repair plans, cost estimates, disclosure documents, or other reports;(9) verify sizing, efficiency, or adequacy of the ground surface drainage system;(10) verify sizing, efficiency, or adequacy of the gutter and downspout system;(11) operate recirculation or sump pumps;(12) remedy conditions preventing inspection of any item;(13) apply open flame or light a pilot to operate any appliance;(14) turn on decommissioned equipment, systems or utility services; or(15) provide repair cost estimates, recommendations, or re-inspection services.(e) In the event of a conflict between the general provisions set out in this section, and the specific provisions specified elsewhere in the standards of practice, specific provisions shall take precedence.(f) Departure provision.(1) An inspector may depart from the inspection of a component or system required by the standards of practice only if:(A) the inspector and client agree the item is not to be inspected;(B) the inspector is not qualified to inspect the item;(C) in the reasonable judgment of the inspector, the inspector determines that:(i) conditions exist that prevent inspection of an item;(ii) conditions or materials are hazardous to the health or safety of the inspector; or(iii) the actions of the inspector may cause damage to the property; or(D) the item is a common element of a multi-family development and is not in physical contact with the unit being inspected, such as the foundation under another building or a part of the foundation under another unit in the same building.(2) If an inspector departs from the inspection of a component or system required by the standards of practice, the inspector shall:(A) notify the client at the earliest practical opportunity that the component or system will not be inspected; and(B) make an appropriate notation on the inspection report form, stating the reason the component or system was not inspected.(3) If the inspector routinely departs from inspection of a component or system required by the standards of practice, and the inspector has reason to believe that the property being inspected includes that component or system, the inspector shall not perform the inspection of the property until the inspector notifies the client, or the prospective client, that the component or system will not be inspected.(g) Enforcement. Failure to comply with the standards of practice is grounds for disciplinary action as prescribed by Chapter 1102.", "sourceNote": "Source Note: The provisions of this §535.227 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective September 7, 2016, 41 TexReg 6742; amended to be effective May 24, 2017, 42 TexReg 2728; amended to be effective February 1, 2022, 46 TexReg 5770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206256", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.228", "label": "Standards of Practice: Minimum Inspection Requirements for Structural Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206257", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Foundations.(1) The inspector shall:(A) render a written opinion as to the performance of the foundation;(B) report:(i) the type of foundations; and(ii) the vantage point from which the crawl space was inspected;(C) generally report present and visible indications used to render the opinion of adverse performance, such as:(i) binding, out-of-square, non-latching doors;(ii) framing or frieze board separations;(iii) sloping floors;(iv) window, wall, floor, or ceiling cracks or separations; and(v) rotating, buckling, cracking, or deflecting masonry cladding; and(D) report as Deficient:(i) deteriorated materials;(ii) deficiencies in foundation components such as; beams, joists, bridging, blocking, piers, posts, pilings, columns, sills or subfloor;(iii) deficiencies in retaining walls related to foundation performance;(iv) exposed or damaged reinforcement;(v) crawl space ventilation that is not performing; and(vi) crawl space drainage that is not performing.(2) The inspector is not required to:(A) enter a crawl space or any area where headroom is less than 18 inches or the access opening is less than 24 inches wide and 18 inches high;(B) provide an exhaustive list of indicators of possible adverse performance; or(C) inspect retaining walls not related to foundation performance.(b) Grading and drainage.(1) The inspector shall report as Deficient:(A) drainage around the foundation that is not performing;(B) deficiencies in grade levels around the foundation; and(C) deficiencies in installed gutter and downspout systems.(2) The inspector is not required to:(A) inspect flatwork or detention/retention ponds (except as related to slope and drainage);(B) determine area hydrology or the presence of underground water; or(C) determine the efficiency or performance of underground or surface drainage systems.(c) Roof covering materials.(1) The inspector shall:(A) inspect the roof covering materials from the surface of the roof;(B) report:(i) type of roof coverings;(ii) vantage point from where the roof was inspected;(iii) evidence of water penetration; and(iv) evidence of previous repairs to the roof covering material, flashing details, skylights and other roof penetrations; and(C) report as Deficient deficiencies in:(i) fasteners;(ii) adhesion;(iii) roof covering materials;(iv) flashing details;(v) skylights; and(vi) other roof penetrations.(2) The inspector is not required to:(A) inspect the roof from the roof level if, in the inspector's reasonable judgment:(i) the inspector cannot safely reach or stay on the roof; or(ii) significant damage to the roof covering materials may result from walking on the roof;(B) determine:(i) the remaining life expectancy of the roof covering; or(ii) the number of layers of roof covering material;(C) identify latent hail damage;(D) exhaustively examine all fasteners and adhesion; or(E) provide an exhaustive list of locations of deficiencies and water penetrations.(d) Roof structures and attics.(1) The inspector shall:(A) report:(i) the vantage point from which the attic space was inspected;(ii) approximate average depth of attic insulation; and(iii) evidence of water penetration; and(B) report as Deficient:(i) attic space ventilation that is not performing;(ii) deflections or depressions in the roof surface as related to adverse performance of the framing and decking; and(iii) missing insulation; and(iv) deficiencies in:(I) installed framing members and decking;(II) attic access ladders and access openings; and(III) attic ventilators.(2) The inspector is not required to:(A) enter attics or unfinished spaces where openings are less than 22 inches by 30 inches or headroom is less than 30 inches;(B) operate powered ventilators; or(C) provide an exhaustive list of locations of deficiencies and water penetrations.(e) Interior walls, ceilings, floors, and doors.(1) The inspector shall:(A) report evidence of water penetration; and(B) report as Deficient:(i) deficiencies in the condition and performance of doors and hardware;(ii) deficiencies related to structural performance or water penetration; and(iii) the absence of or deficiencies in fire separation between the garage and the living space and between the garage and its attic.(2) The inspector is not required to:(A) report cosmetic damage or the condition of floor, wall, or ceiling coverings; paints, stains, or other surface coatings; cabinets; or countertops; or(B) provide an exhaustive list of locations of deficiencies and water penetrations.(f) Exterior walls, doors, and windows.(1) The inspector shall:(A) report evidence of water penetration; and(B) report as Deficient:(i) the absence of performing emergency escape and rescue openings in all sleeping rooms;(ii) an attached garage doorway that is not equipped with self-closing or automatic closing devices;(iii) a door between the residence and an attached garage that is:(I) a solid wood door less than 1-3/8 inches thick;(II) a solid honeycomb core steel door less than 1-3/8 inches thick; or(III) not a 20-minute fire-rated door;(iv) missing or damaged screens;(v) deficiencies related to structural performance or water penetration; and(vi) deficiencies in:(I) weather stripping, gaskets or other air barrier materials;(II) claddings;(III) water resistant materials and coatings;(IV) flashing details and terminations;(V) the condition and performance of exterior doors, garage doors and hardware; and(VI) the condition and performance of windows and components.(2) The inspector is not required to:(A) report the condition of awnings, blinds, shutters, security devices, or other non-structural systems;(B) determine the cosmetic condition of paints, stains, or other surface coatings;(C) operate a lock if the key is not available; or(D) provide an exhaustive list of locations of deficiencies and water penetrations.(g) Exterior and interior glazing.(1) The inspector shall report as Deficient:(A) insulated windows that are obviously fogged or display other evidence of broken seals;(B) deficiencies in glazing, weather stripping and glazing compound in windows and doors;(C) the absence of safety glass in hazardous locations; and(D) the absence of fall protection at windows that are located less than 24 inches from the finished floor and greater than 72 inches from the finished grade.(2) The inspector is not required to:(A) exhaustively inspect insulated windows for evidence of broken seals;(B) exhaustively inspect glazing for identifying labels; or(C) identify specific locations of damage.(h) Interior and exterior stairways.(1) The inspector shall report as Deficient:(A) spacing between intermediate balusters, spindles, or rails for steps, stairways, guards, and railings that permit passage of an object greater than 4 inches in diameter, except that on the open side of the staircase treads, spheres less than 4-3/8 inches in diameter may pass through the guard rail balusters or spindles; and(B) deficiencies in steps, stairways, landings, guardrails, and handrails.(2) The inspector is not required to exhaustively measure every stairway component.(i) Fireplaces and chimneys.(1) The inspector shall report as Deficient:(A) built-up creosote in accessible areas of the firebox and flue;(B) the presence of combustible materials in near proximity to the firebox opening;(C) the absence of fireblocking at the attic penetration of the chimney flue, where accessible; and(D) deficiencies in the:(i) damper;(ii) lintel, hearth, hearth extension, and firebox;(iii) gas fixture installed in the fireplace not associated with the gas distribution system;(iv) circulating fan;(v) combustion air vents; and(vi) chimney structure, termination, coping, crown, caps, and spark arrestor.(2) The inspector is not required to:(A) verify the integrity of the flue;(B) perform a chimney smoke test; or(C) determine the adequacy of the draft.(j) Porches, Balconies, Decks, and Carports.(1) The inspector shall:(A) inspect:(i) attached balconies, carports, and porches; and(ii) abutting porches, decks, and balconies that are used for ingress and egress; and(B) report as Deficient:(i) on decks 30 inches or higher above the adjacent grade, spacings between intermediate balusters, spindles, or rails that permit passage of an object greater than four inches in diameter; and(ii) deficiencies in accessible components.(2) The inspector is not required to:(A) exhaustively measure every porch, balcony, deck, or attached carport components; or(B) enter any area where headroom is less than 18 inches or the access opening is less than 24 inches wide and 18 inches high.", "sourceNote": "Source Note: The provisions of this §535.228 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective September 7, 2016, 41 TexReg 6742; amended to be effective February 1, 2022, 46 TexReg 5770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206257", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.229", "label": "Standards of Practice: Minimum Inspection Requirements for Electrical Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206258", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Service entrance and panels.(1) The inspector shall report as Deficient:(A) a drop, weatherhead or mast that is not securely fastened to the building;(B) the absence of or deficiencies in the grounding electrode system;(C) missing or damaged dead fronts or covers plates;(D) conductors not protected from the edges of electrical cabinets, gutters, or cutout boxes;(E) electrical cabinets and panel boards not appropriate for their location; such as a clothes closet, bathrooms or where they are exposed to physical damage;(F) electrical cabinets and panel boards that are not accessible or do not have a minimum of 36-inches of clearance in front of them;(G) deficiencies in:(i) electrical cabinets, gutters, cutout boxes, and panel boards;(ii) the insulation of the service entrance conductors, drip loop, separation of conductors at weatherheads, and clearances;(iii) the compatibility of overcurrent devices and conductors;(iv) the overcurrent device and circuit for labeled and listed 250 volt appliances;(v) bonding and grounding;(vi) conductors; and(vii) the operation of installed ground-fault or arc-fault circuit interrupter devices; and(H) the absence of:(i) trip ties on 250 volt overcurrent devices or multi-wire branch circuit;(ii) appropriate connections;(iii) anti-oxidants on aluminum conductor terminations; and(iv) main disconnecting means.(2) The inspector is not required to:(A) determine present or future sufficiency of service capacity amperage, voltage, or the capacity of the electrical system;(B) conduct voltage drop calculations;(C) determine the accuracy of overcurrent device labeling;(D) remove covers where hazardous as judged by the inspector;(E) verify the effectiveness of overcurrent devices; or(F) operate overcurrent devices.(b) Branch circuits, connected devices, and fixtures.(1) The inspector shall:(A) manually test the installed and accessible smoke and carbon monoxide alarms;(B) report the type of branch circuit conductors; and(C) report as Deficient:(i) the absence of ground-fault circuit interrupter protection in all:(I) bathroom receptacles;(II) garage and accessory building receptacles;(III) outdoor receptacles;(IV) crawl space receptacles and lighting outlets;(V) basement receptacles;(VI) receptacles that serve kitchen countertops;(VII) receptacles that are located within six feet of the outside edge of a sink, shower, or bathtub;(VIII) laundry area receptacles;(IX) indoor damp and wet location receptacles;(X) kitchen dishwasher receptacle; and(XI) electrically heated floors;(ii) the absence of arc-fault protection in the following locations:(I) kitchens;(II) family rooms;(III) dining rooms;(IV) living rooms;(V) parlors;(VI) libraries;(VII) dens;(VIII) bedrooms;(IX) sunrooms;(X) recreation rooms;(XI) closets;(XII) hallways; and(XIII) laundry area;(iii) the failure of operation of ground-fault circuit interrupter protection devices;(iv) missing or damaged receptacle, switch or junction box covers;(v) the absence of:(I) equipment disconnects; and(II) appropriate connections, such as copper/aluminum approved devices, if branch circuit aluminum conductors are discovered in the main or sub-panel based on a random sampling of accessible receptacles and switches;(vi) receptacles less than five and a half feet above the floor that are not tamper resistant;(vii) deficiencies in 125 volt receptacles by determining the:(I) presence of power;(II) correct polarity; and(III) presence of grounding;(viii) deficiencies in 250 volt receptacles by determining the presence of power;(ix) deficiencies in(I) switches;(II) bonding or grounding;(III) wiring, wiring terminations, junction boxes, devices, and fixtures, including improper location;(IV) doorbell and chime components; and(V) smoke and carbon monoxide alarms;(x) improper use of extension cords;(xi) deficiencies in or absences of conduit, where applicable;(xii) the absence of smoke alarms:(I) in each sleeping room;(II) outside each separate sleeping area in the immediate vicinity of the sleeping rooms; and(III) in the living space of each story of the dwelling; and(xiii) the absence of carbon monoxide alarms outside each separate sleeping area in the immediate vicinity of the sleeping rooms when either of the following conditions exist:(I) fuel fired appliance are installed in the dwelling; or(II) an attached garage with an opening into the dwelling unit.(2) The inspector is not required to:(A) inspect low voltage wiring;(B) disassemble mechanical appliances;(C) verify the effectiveness of smoke alarms;(D) verify interconnectivity of smoke alarms;(E) activate smoke or carbon monoxide alarms that are or may be monitored or require the use of codes;(F) verify that smoke alarms are suitable for the hearing-impaired;(G) remove the covers of junction, fixture, receptacle or switch boxes unless specifically required by these standards; or(H) test arc-fault circuit interrupter devices when the property is occupied or damage to personal property may result, in the inspector's reasonable judgment.", "sourceNote": "Source Note: The provisions of this §535.229 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective September 7, 2016, 41 TexReg 6742; amended to be effective February 1, 2022, 46 TexReg 5770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206258", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.230", "label": "Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206259", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Heating equipment.(1) General requirements. The inspector shall:(A) report:(i) the type of heating systems; and(ii) the energy sources; and(B) report as Deficient:(i) inoperative units;(ii) deficiencies in the thermostats;(iii) inappropriate location;(iv) the lack of protection from physical damage;(v) burners, burner ignition devices or heating elements, switches, and thermostats that are not a minimum of 18 inches above the lowest garage floor elevation, unless the unit is listed for garage floor installation;(vi) the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish;(vii) when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement; and(viii) deficiencies in mounting and performance of window and wall units.(2) Requirements for electric units. The inspector shall report deficiencies in:(A) performance of heat pumps;(B) performance of heating elements; and(C) condition of conductors; and(3) Requirements for gas units. The inspector shall report as Deficient:(A) gas leaks in the heating equipment not associated with the gas distribution system;(B) flame impingement, uplifting flame, improper flame color, or excessive scale buildup; and(C) deficiencies in:(i) combustion, and dilution air; and(ii) the vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances.(b) Cooling equipment.(1) Requirements for cooling units other than evaporative coolers.(A) the inspector shall:(i) report the type of systems;(ii) measure and report the temperature difference between the supply air and the returned air or report industry-accepted method used to determine performance; and(iii) generally report extraneous factors or conditions, present on the day of the inspection, that would adversely impact the temperature differential of an otherwise performing unit; and(B) the inspector shall report as Deficient:(i) inoperative units;(ii) deficiencies in the performance of the cooling system that:(I) fails to achieve a 15 degrees Fahrenheit to 22 degrees Fahrenheit temperature differential; or(II) fails to cool adequately as determined by other industry-accepted methods;(iii) the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish;(iv) when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement;(v) noticeable vibration of blowers or fans;(vi) water in the auxiliary/secondary drain pan;(vii) a primary drain pipe that discharges in a sewer vent;(viii) missing or deficient refrigerant pipe insulation;(ix) dirty coils, where accessible;(x) condensing units lacking adequate clearances or air circulation or that has deficiencies in the fins, location, levelness, or elevation above grade surfaces; and(xi) deficiencies in:(I) the condensate drain and auxiliary/secondary pan and drain system;(II) mounting and performance of window or wall units; and(III) thermostats.(2) Requirements for evaporative coolers.(A) the inspector shall report:(i) type of systems; and(ii) the type of water supply line; and(B) the inspector shall report as Deficient:(i) inoperative units;(ii) inadequate access and clearances;(iii) deficiencies in performance or mounting;(iv) missing or damaged components;(v) the presence of active water leaks; and(vi) the absence of backflow prevention.(c) Duct systems, chases, and vents.(1) the inspector shall report as Deficient:(A) damaged duct systems or improper material;(B) damaged or missing duct insulation;(C) the absence of air flow at accessible supply registers;(D) the presence of gas piping and sewer vents concealed in ducts, plenums and chases;(E) ducts or plenums in contact with earth; and(F) deficiencies in:(i) filters;(ii) grills or registers; and(iii) the location of return air openings.(d) For heating, ventilation, and air conditioning systems inspected under this section, the inspector is not required to perform the following actions:(1) program digital thermostats or controls;(2) inspect:(A) for pressure of the system refrigerant, type of refrigerant, or refrigerant leaks;(B) winterized or decommissioned equipment; or(C) duct fans, humidifiers, dehumidifiers, air purifiers, motorized dampers, electronic air filters, multi-stage controllers, sequencers, heat reclaimers, wood burning stoves, boilers, oil-fired units, supplemental heating appliances, de-icing provisions, or reversing valves;(3) operate:(A) setback features on thermostats or controls;(B) radiant heaters, steam heat systems, or unvented gas-fired heating appliances; or(C) cooling or heating systems when weather conditions or other circumstances may cause equipment damage, including:(i) cooling equipment when the outdoor temperature is less than 60 degrees Fahrenheit; and(ii) heat pumps, in the heat pump mode, when the outdoor temperature is above 70 degrees Fahrenheit;(4) verify:(A) compatibility of components;(B) tonnage and manufacturer match of indoor coils and outside coils or condensing units;(C) the accuracy of thermostats; or(D) the integrity of the heat exchanger; or(5) determine:(A) sizing, efficiency, or adequacy of the system;(B) balanced air flow of the conditioned air to the various parts of the building; or(C) types of materials contained in insulation.", "sourceNote": "Source Note: The provisions of this §535.230 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective September 7, 2016, 41 TexReg 6742; amended to be effective February 1, 2022, 46 TexReg 5770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206259", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.231", "label": "Standards of Practice: Minimum Inspection Requirements for Plumbing Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Plumbing systems.(1) The inspector shall:(A) report:(i) location of water meter;(ii) location of homeowners main water supply shutoff valve; and(iii) static water pressure;(iv) visible material used for water supply lines and drain lines;(B) report as Deficient:(i) the presence of active leaks;(ii) water pressure exceeding 80 PSI;(iii) the lack of a pressure reducing valve when the water pressure exceeds 80 PSI;(iv) the lack of a visible expansion tank when a pressure reducing valve, check valve, or backflow preventer is in place at the water supply line/system;(v) the absence of:(I) fixture shutoff valves;(II) dielectric unions, when applicable;(III) back-flow devices, anti-siphon devices, or air gaps at the flow end of fixtures; and(vi) deficiencies in:(I) water supply pipes and waste pipes;(II) the installation and termination of the vent system;(III) the performance of fixtures and faucets not connected to an appliance;(IV) water supply, as determined by viewing functional flow in two fixtures operated simultaneously;(V) fixture drain performance;(VI) orientation of hot and cold faucets;(VII) installed mechanical drain stops;(VIII) commodes, fixtures, showers, tubs, and enclosures; and(IX) the condition of the gas distribution system.(2) The inspector is not required to:(A) operate any main, branch, or shut-off valves;(B) operate or inspect sump pumps or waste ejector pumps;(C) verify the performance of:(i) the bathtub overflow;(ii) clothes washing machine drains or hose bibbs; or(iii) floor drains;(D) inspect:(i) any system that has been winterized, shut down or otherwise secured;(ii) circulating pumps, free-standing appliances, solar water heating systems, water-conditioning equipment, filter systems, water mains, private water supply systems, water wells, pressure tanks, sprinkler systems, swimming pools, or fire sprinkler systems;(iii) inaccessible gas supply system components for leaks;(iv) for sewer clean-outs; or(v) for the presence or performance of private sewage disposal systems; or(E) determine:(i) quality, potability, or volume of the water supply; or(ii) effectiveness of backflow or anti-siphon devices.(b) Water heaters.(1) General Requirements.(A) The inspector shall:(i) report:(I) the energy source;(II) the capacity of the units;(ii) report as Deficient:(I) inoperative units;(II) leaking or corroded fittings or tanks;(III) damaged or missing components;(IV) the absence of a cold water shutoff valve;(V) if applicable, the absence of a pan or a pan drain system that does not terminate over a waste receptor or to the exterior of the building above the ground surface;(VI) inappropriate locations;(VII) the lack of protection from physical damage;(VIII) burners, burner ignition devices or heating elements, switches, or thermostats that are not a minimum of 18 inches above the lowest garage floor elevation, unless the unit is listed for garage floor installation;(IX) the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish;(X) when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement;(XI) the absence of or visible deficiencies in the temperature and pressure relief valve and discharge piping; and(XII) a temperature and pressure relief valve that failed to operate, when tested manually.(B) The inspector is not required to:(i) verify the effectiveness of the temperature and pressure relief valve, discharge piping, or pan drain pipes;(ii) operate the temperature and pressure relief valve if the operation of the valve may, in the inspector's reasonable judgment, cause damage to persons or property; or(iii) determine the efficiency or adequacy of the unit.(2) Requirements for electric units. The inspector shall report as Deficient deficiencies in:(A) performance of heating elements; and(B) condition of conductors; and(3) Requirements for gas units. The inspector shall report as Deficient:(A) gas leaks in water heater not associated with the gas distribution system;(B) flame impingement, uplifting flame, improper flame color, or excessive scale build-up; and(C) deficiencies in:(i) combustion and dilution air; and(ii) vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances.(c) Hydro-massage therapy equipment.(1) The inspector shall report as Deficient:(A) inoperative units;(B) the presence of active leaks;(C) deficiencies in components and performance;(D) missing and damaged components;(E) the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish; and(F) the absence or failure of operation of ground-fault circuit interrupter protection devices.(2) The inspector is not required to determine the adequacy of self-draining features of circulation systems.(d) Gas distribution systems.(1) The inspector shall:(A) report:(i) location of gas meter; and(ii) visible material used for gas distribution system;(B) report as Deficient:(i) noticeable gas leaks;(ii) the absence of a gas shutoff valve within six feet of the appliance;(iii) the absence of a gas appliance connector or one that exceeds six feet in length;(iv) gas appliance connectors that are concealed within or extended through walls, floors, partitions, ceilings or appliance housings;(v) deficiencies in:(I) gas shutoff valves;(II) access to a gas shutoff valves that prohibits full operation;(III) gas appliance connector materials; and(IV) the condition and type of gas distribution lines and fittings;(vi) lack of visible bonding on gas distribution system, including corrugated stainless steel tubing (CSST); and(vii) lack of visible sediment traps.(2) Specific limitation for gas lines. The inspector is not required to:(A) inspect sacrificial anode bonding or for its existence;(B) pressurize or test gas system, drip legs or shutoff valves;(C) operate gas line shutoff valves; or(D) light or ignite pilot flames.", "sourceNote": "Source Note: The provisions of this §535.231 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective May 21, 2014, 39 TexReg 3863; amended to be effective September 7, 2016, 41 TexReg 6742; amended to be effective February 1, 2022, 46 TexReg 5770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206260", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.232", "label": "Standards of Practice: Minimum Inspection Requirements for Appliances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206261", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dishwashers. The inspector shall report as Deficient:(1) inoperative units;(2) deficiencies in performance or mounting;(3) rusted, missing or damaged components;(4) the presence of visible active water leaks; and(5) the absence of visible backflow prevention.(b) Food waste disposers. The inspector shall report as Deficient:(1) inoperative units;(2) deficiencies in performance or mounting;(3) missing or damaged components; and(4) the presence of visible active water leaks.(c) Range hoods and exhaust systems. The inspector shall report as Deficient:(1) inoperative units;(2) deficiencies in performance or mounting;(3) missing or damaged components;(4) ducts that do not terminate outside the building, if the unit is not of a re-circulating type or configuration; and(5) improper duct material.(d) Electric or gas ranges, cooktops, and ovens. The inspector shall report as Deficient:(1) inoperative units;(2) missing or damaged components;(3) combustible material within thirty inches above the cook top burners;(4) absence of an anti-tip device, if applicable;(5) gas leaks in the gas range, cooktops and ovens not associated with the gas distribution system; and(6) deficiencies in:(A) thermostat accuracy (within 25 degrees Fahrenheit at a setting of 350 degrees Fahrenheit); and(B) mounting and performance.(e) Microwave ovens. The inspector shall inspect built-in units and report as Deficient:(1) inoperative units;(2) deficiencies in performance or mounting; and(3) missing or damaged components.(f) Mechanical exhaust systems and bathroom heaters. The inspector shall report as Deficient:(1) the lack of mechanical ventilation in a bathroom if no operable window is present;(2) inoperative units;(3) deficiencies in performance or mounting;(4) missing or damaged components;(5) ducts that do not terminate outside the building; and(6) a gas heater that is not vented to the exterior of the building unless the unit is listed as an unvented type.(g) Garage door operators. The inspector shall report as Deficient:(1) inoperative units;(2) deficiencies in performance or mounting;(3) missing or damaged components;(4) installed photoelectric sensors located more than six inches above the garage floor;(5) deficiencies in performance or absence of auto reversing mechanisms and manual detachment device; and(6) door locks or side ropes that have not been removed or disabled.(h) Dryer exhaust systems. The inspector shall report as Deficient:(1) missing or damaged components;(2) the absence of a dryer exhaust system when provisions are present for a dryer;(3) ducts that do not terminate to the outside of the building;(4) screened terminations; and(5) ducts that are not made of metal with a smooth interior finish.(i) General provisions. The inspector is not required to:(1) operate or determine the condition of other auxiliary components of inspected items;(2) test for microwave oven radiation leaks;(3) inspect self-cleaning functions;(4) disassemble appliances;(5) determine the adequacy of venting systems;(6) determine proper routing and lengths of duct systems;(7) operate or determine the condition of clothes washer, clothes dryer, or refrigerator; or(8) operate or determine the condition of other built in appliances, except as provided for under §535.233(h), of this title.", "sourceNote": "Source Note: The provisions of this §535.232 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective September 7, 2016, 41 TexReg 6742; amended to be effective February 1, 2022, 46 TexReg 5770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206261&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206261", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.233", "label": "Standards of Practice: Minimum Inspection Requirements for Optional Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170639", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An inspector is not required to inspect the components or systems described under this section.(b) If an inspector agrees to inspect a component or system described under this section, the general provisions under §535.227 of this title and the provisions and requirements of this section applicable to that component or system apply.(c) Landscape irrigation (sprinkler) systems.(1) The inspector shall:(A) manually operate all zones or stations on the system through the controller;(B) report as Deficient:(i) the absence of a rain or moisture sensor,(ii) inoperative zone valves;(iii) surface water leaks;(iv) the absence of a backflow prevention device;(v) the absence of shutoff valves between the water meter and backflow device;(vi) deficiencies in the performance and mounting of the controller;(vii) missing or damaged components; and(viii) deficiencies in the performance of the water emission devices; such as, sprayer heads, rotary sprinkler heads, bubblers or drip lines.(2) The inspector is not required to inspect:(A) for effective coverage of the irrigation system;(B) the automatic function of the controller;(C) the effectiveness of the sensors; such as, rain, moisture, wind, flow or freeze sensors;(D) sizing and effectiveness of backflow prevention device; or(E) report on the performance of an underground zone.(d) Swimming pools, spas, hot tubs, and equipment.(1) The inspector shall:(A) report the type of construction;(B) report as Deficient:(i) the presence of a single blockable main drain (potential entrapment hazard);(ii) a pump motor, blower, or other electrical equipment that lacks bonding;(iii) the absence of or deficiencies in safety barriers;(iv) water leaks in above-ground pipes and equipment;(v) the absence or failure in performance of ground-fault circuit interrupter protection devices; and(vi) deficiencies in:(I) surfaces;(II) tiles, coping, and decks;(III) slides, steps, diving boards, handrails, and other equipment;(IV) drains, skimmers, and valves;(V) filters, gauges, pumps, motors, controls, and sweeps;(VI) lighting fixtures; and(VII) the pool heater that these standards of practice require to be reported for the heating system.(2) The inspector is not required to:(A) disassemble filters or dismantle or otherwise open any components or lines;(B) operate valves;(C) uncover or excavate any lines or concealed components of the system;(D) fill the pool, spa, or hot tub with water;(E) inspect any system that has been winterized, shut down, or otherwise secured;(F) determine the presence of sub-surface water tables;(G) determine the effectiveness of entrapment covers;(H) determine the presence of pool shell or sub-surface leaks; or(I) inspect ancillary equipment such as computer controls, covers, chlorinators or other chemical dispensers, or water ionization devices or conditioners other than required by this section.(e) Outbuildings.(1) The inspector shall report as Deficient the absence or failure in performance of ground-fault circuit interrupter protection devices in grade-level portions of unfinished accessory buildings used for storage or work areas, boathouses, and boat hoists; and(2) The inspector shall report as Deficient deficiencies in the structural, electrical, plumbing, heating, ventilation, and cooling systems that these standards of practice require to be reported for the principal building.(f) Private water wells.(1) The inspector shall:(A) operate at least two fixtures simultaneously;(B) recommend or arrange to have performed coliform testing;(C) report:(i) the type of pump and storage equipment;(ii) the proximity of any known septic system; and(D) report as Deficient deficiencies in:(i) water pressure and flow and performance of pressure switches;(ii) the condition of accessible equipment and components; and(iii) the well head, including improper site drainage and clearances.(2) The inspector is not required to:(A) open, uncover, or remove the pump, heads, screens, lines, or other components of the system;(B) determine the reliability of the water supply or source; or(C) locate or verify underground water leaks.(g) Private sewage disposal systems.(1) The inspector shall:(A) report:(i) the type of system;(ii) the location of the drain or distribution field; and(iii) the proximity of any known water wells, underground cisterns, water supply lines, bodies of water, sharp slopes or breaks, easement lines, property lines, soil absorption systems, swimming pools, or sprinkler systems; and(B) report as Deficient:(i) visual or olfactory evidence of effluent seepage or flow at the surface of the ground;(ii) inoperative aerators or dosing pumps; and(iii) deficiencies in:(I) accessible components;(II) functional flow;(III) site drainage and clearances around or adjacent to the system; and(IV) the aerobic discharge system.(2) The inspector is not required to:(A) excavate or uncover the system or its components;(B) determine the size, adequacy, or efficiency of the system; or(C) determine the type of construction used.(h) Other built-in appliances. The inspector shall report deficiencies in condition or operation of other built-in appliances not listed under §535.232 of this title.", "sourceNote": "Source Note: The provisions of this §535.233 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective September 7, 2016, 41 TexReg 6742; amended to be effective February 1, 2022, 46 TexReg 5770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170639&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170639", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "R", "label": "REAL ESTATE INSPECTORS" }, "rule": { "number": "§535.240", "label": "Proration of Payments from the Real Estate Inspection Recovery Fund" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186836", "queryAsDate": "03/11/2026" }, "ruleBody": "In the event of multiple and valid pending claims against a license holder or certificate holder in excess of the limitations in §1102.359, the claims are prorated as follows.(1) Actual damages shall be allocated first. If the total of the eligible actual damages of all claims exceeds the maximum that may be paid from the Real Estate Inspection Recovery Fund, the actual damages are prorated, and no interest, attorney fees, or court costs are paid.(2) If, after allocating the actual damages as provided by paragraph (1) of this section, the limitations in §1102.359 of Chapter 1102, interest on actual damages (pre-judgment and post-judgment) are allocated second. If the total of the interest on eligible actual damages of all claims exceeds the amount remaining to be paid from the Real Estate Inspection Recovery Fund, the interest on eligible actual damages are prorated, and no other interest, attorney fees, or court costs are paid.(3) If, after allocating the actual damages and interest thereon as provided by paragraph (1) and (2) of this section, the limitations in §1102.359 of Chapter 1102, are not reached, other interest, attorney fees, and court costs are allocated third. If the total of the other interest, attorney fees, and court costs of all claims exceeds the amount remaining to be paid from the Real Estate Inspection Recovery Fund, the other interest, attorney fees, and court costs are prorated.", "sourceNote": "Source Note: The provisions of this §535.240 adopted to be effective March 21, 2012, 37 TexReg 1909; amended to be effective January 1, 2015, 39 TexReg 9669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186836&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186836", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "S", "label": "RESIDENTIAL RENTAL LOCATORS" }, "rule": { "number": "§535.300", "label": "Advertising by Residential Rental Locators" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225981", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section is intended to establish standards relating to permissible forms of advertising by a person licensed as a real estate broker or sales agent and functioning as a residential rental locator (\"locator\"). For the purposes of this section, the term \"residential rental locator\" has the meaning provided by §1101.002(6) of the Act. For the purposes of this section, the term \"advertisement\" has the same meaning provided by §535.155 of this chapter.(b) If a locator advertises more than one apartment unit in the same advertisement and lists amenities or features generally without providing the features or amenities available at a specific rent for a specific unit, the advertisement must include a statement having a meaning substantially equivalent to one of the following.(1) \"Not all units have the advertised features or amenities.\"(2) \"The rent is $_____ or more, depending on the features of the unit.\"(3) \"The rent quoted is the minimum for a unit which may not have all the features advertised.\"(c) Advertisements in a printed publication comply with subsection (b) of this section if the publication in which an advertisement appears contains this notice at the beginning of the section in which the advertisement appears: Notice: Residential rental locators may advertise apartment units in general terms, and all units may not have the same features. The amount of rent quoted in an advertisement may be the starting rent for a basic unit or for a unit which does not have all advertised features.(d) An advertisement by a locator of an apartment unit by general terms is misleading unless at the time the advertisement is placed at least one unit meeting the description of the unit contained in the advertisement is available through the locator at the lowest rent stated in the advertisement within either a time stated in the advertisement or not later than the 30th day after the date the advertisement is submitted for publication if no time is stated. Before offering a unit for rent or lease, the locator must also obtain the consent of the unit's owner or of the owner's authorized agent.(e) Advertising by locators must comply with §1101.652(b)(23) of the Act and §535.154 and §535.155 of this chapter.(f) Failure to comply with this section is grounds for the Commission to reprimand a license holder, to suspend or revoke a license, to take other disciplinary action, and to impose an administrative penalty in accordance with §1101.701 of the Act.", "sourceNote": "Source Note: The provisions of this §535.300 adopted to be effective April 1, 1996, 21 TexReg 1660; amended to be effective October 1, 1996, 21 TexReg 6235; amended to be effective May 27, 1998, 23 TexReg 5438; amended to be effective August 31, 2004, 29 TexReg 8300; amended to be effective January 1, 2011, 35 TexReg 11697; amended to be effective March 6, 2013, 38 TexReg 1364; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective May 15, 2018, 42 TexReg 6805." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225981&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225981", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "T", "label": "EASEMENT OR RIGHT-OF-WAY AGENTS" }, "rule": { "number": "§535.400", "label": "Registration of Easement or Right-of-Way Agents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213829", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application.(1) A person who intends to be registered by the Commission as an easement or right-of-way agent must:(A) file an application for the registration using a process acceptable to the Commission; and(B) submit the required fee under §535.404 of this subchapter (relating to Fees).(2) The Commission will reject an application submitted without a sufficient filing fee.(3) The Commission may request additional information be provided to the Commission relating to an application.(b) To be eligible for registration, an applicant must:(1) meet the following requirements at the time of the application:(A) be 18 years of age;(B) be a citizen of the United States or a lawfully admitted alien;(2) comply with the fingerprinting and education requirements of the Act;(3) meet the honesty, trustworthiness, and integrity requirements under the Act; and(4) if the applicant is a business entity, designate one of its managing officers who is registered under this title as agent for the business entity.(c) Texas residents who enter military service and resume their Texas residence immediately upon separation from the military are not considered to have lost their Texas residence unless they have affirmatively established legal residence elsewhere.(d) The fact that an individual has had disabilities of minority removed does not affect the requirement that an applicant be 18 years of age to be eligible for a license.(e) The Commission will assign a registration number to each certificate holder and provide each certificate holder with a certificate of registration. Each registration issued by the Commission is valid until the last day of the month two years after the date the registration was issued.(f) Termination of application. An application is terminated and is subject to no further evaluation or processing if the applicant fails to satisfy the requirements of subsection (b) of this section within one year from the date the application is filed.(g) The Commission may disapprove an application for registration with written notice to the applicant if the applicant has been convicted of a criminal offense which is grounds for disapproval of an application under §541.1 of this title (relating to Criminal Offense Guidelines) or the applicant has engaged in conduct prohibited by the Act. Provided a timely written request for a hearing is made by the applicant in accordance with the Act, an applicant whose application for registration has been disapproved is entitled to a hearing. The hearing on the application will be conducted in accordance with §1101.364 of the Act and Chapter 533 of this title (relating to Practice and Procedure).(h) If the Commission determines that issuance of a probationary certificate is appropriate, the order entered by the Commission with regard to the application must set forth the terms and conditions for the probationary certificate. Terms for a probationary certificate may include any of the following:(1) that the probationary certificate holder comply with the Act and with the rules of the Commission;(2) that the probationary certificate holder fully cooperate with the Commission in the investigation of any complaint filed against the certificate holder;(3) that the probationary certificate holder attend a prescribed number of classroom hours in specific areas of study during the probationary period;(4) that the probationary certificate holder limit acts as an easement or right-of-way agent as prescribed in the order;(5) that the probationary certificate holder report regularly to the Commission on any matter which is the basis of the probationary certificate;(6) that the probationary certificate holder comply with any other terms contained in the order which have been found to be reasonable and appropriate by the Commission after consideration of the circumstances involved in the particular application; or(7) that the probationary certificate holder comply with any other terms contained in an order from any other court or administrative agency under which the probationary certificate holder is bound.(i) Unless the order granting a probationary certificate specifies otherwise, a probationary certificate holder may renew the certificate after the probationary period by satisfying the requirements under §535.403 of this subchapter (relating to Renewal of Registration). (j) Each certificate holder shall display the certificate of registration issued by the Commission in a prominent location in the certificate holder's place of business, as required by §1101.507 of the Act. If the certificate holder maintains more than one place of business, the certificate holder shall display either the certificate or a copy of the certificate in each place of business.(k) Each certificate holder shall provide a mailing address, phone number, and email address used in business, if available, to the Commission and shall report all subsequent changes not later than the 10th day after the date of a change of any of the listed contact information. If a certificate holder fails to update the contact information, the last known contact information provided to the Commission is the certificate holder's contact information.", "sourceNote": "Source Note: The provisions of this §535.400 adopted to\r\nbe effective December 1, 1997, 22 TexReg 11680; amended to be effective\r\nAugust 18, 1998, 23 TexReg 8438; amended to be effective January 1,\r\n2001, 25 TexReg 11654; amended to be effective December 24, 2001,\r\n26 TexReg 10596; amended to be effective August 31, 2004, 29 TexReg\r\n8300; amended to be effective January 7, 2009, 34 TexReg 58; amended\r\nto be effective March 9, 2011, 36 TexReg 1563; amended to be effective\r\nApril 1, 2012, 37 TexReg 1909; amended to be effective January 1,\r\n2015, 39 TexReg 9669; amended to be effective September 7, 2015, 40\r\nTexReg 5790; amended to be effectiveDecember 11, 2019, 44 TexReg 7711;\r\namended to be effective August 31, 2020, 45 TexReg 6125; amended to\r\nbe effective September 1, 2022, 47 TexReg 3053; amended to be effective\r\nJune 11, 2023, 48 TexReg 2948; amended to be effective September 3,\r\n2025, 50 TexReg 5713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213829&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213829", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "T", "label": "EASEMENT OR RIGHT-OF-WAY AGENTS" }, "rule": { "number": "§535.401", "label": "Required Notices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213830", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission adopts by reference TREC No. ERW 4-1, Notice Regarding Easements and Rights-of-Way, which is published by and available from the Commission, P.O. Box 12188, Austin, Texas 78711-2188.(b) Each certificate holder shall, before a party in a transaction other than the party the certificate holder represents is obligated to sell, buy, lease, or transfer a right-of-way or easement, provide to the party a copy of TREC No. ERW 4-1 completed by the certificate holder.(c) Each certificate holder shall provide the consumer notice adopted under §531.18 of this title (relating to Consumer Information) in the manner described by that section.", "sourceNote": "Source Note: The provisions of this §535.401 adopted to be effective December 1, 1997, 22 TexReg 11680; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective May 26, 2015, 40 TexReg 2759; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213830&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213830", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "T", "label": "EASEMENT OR RIGHT-OF-WAY AGENTS" }, "rule": { "number": "§535.402", "label": "Complaints, Disciplinary Action and Appeals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225983", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The investigation of complaints and disciplinary action by the Commission against certificate holder will be conducted in accordance with the Act and §535.141 of this chapter (relating to Initiation of Investigation; Order Requirements). In addition to the grounds for revoking or suspending a registration listed in the Act, the Commission may revoke or suspend the registration of a certificate holder on the following grounds:(1) procuring or attempting to procure a registration by fraud, misrepresentation or deceit, or by making a material misstatement of fact in an application;(2) failing or refusing on demand to produce a document, book, or record in the certificate holder's possession concerning an easement or right-of-way transaction involving the certificate holder for examination by the Commission or its authorized agent; and(3) failing to provide information requested by the Commission or its authorized agent in the course of an investigation of a complaint by the 14th day after the date of the request.(b) Appeals from disciplinary orders against a certificate holder are governed by §1101.658 of the Act and by Chapter 533 of this title (relating to Practice and Procedure).", "sourceNote": "Source Note: The provisions of this §535.402 adopted to be effective December 1, 1997, 22 TexReg 11680; amended to be effective August 31, 2004, 29 TexReg 8300; amended to be effective January 1, 2015, 39 TexReg 9669; amended to be effective September 7, 2015, 40 TexReg 5790; amended to be effective December 11, 2019, 44 TexReg 7711; amended to be effective June 11, 2023, 48 TexReg 2948." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225983&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225983", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "T", "label": "EASEMENT OR RIGHT-OF-WAY AGENTS" }, "rule": { "number": "§535.403", "label": "Renewal of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225982", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Renewal application.(1) A registration expires on the date shown on the face of the registration issued to the certificate holder.(2) If a certificate holder intends to renew an unexpired registration, the certificate holder must, on or before the expiration date of the current registration:(A) file a renewal application using a process acceptable to the Commission;(B) submit the appropriate fee required by §535.404 of this subchapter (relating to Fees); and(C) comply with the fingerprinting and education requirements under the Act.(b) Failure to provide information requested by the Commission in connection with a renewal application is grounds for disciplinary action under §1101.653 of the Act.(c) A registrant who fails to timely renew must apply for and receive a new registration in order to act as an easement or right-of-way agent.(d) The Commission will deliver a registration renewal notice to a certificate holder 90 days before the expiration of the certificate holder's current registration. Failure to receive the certificate renewal notice does not relieve a certificate holder of the obligation to renew a certificate.(e) The Commission is not required to notify a business entity such as a corporation, limited liability company, or partnership that has failed to designate an officer, manager, or general partner who meets the requirements of §1101.502 of the Act. The Commission may not renew a registration issued to a business entity that has not designated an officer, manager, or general partner who meets the requirements of the Act.(f) If the registration expires on a Saturday, Sunday or any other day on which the Commission is not open for business, a renewal application is considered to be timely filed when the application is received or postmarked no later than the first business day after the expiration date of the registration.(g) Denial of Renewal. The Commission may deny an application for renewal of a registration if the certificate holder is in violation of the terms of a Commission order.", "sourceNote": "Source Note: The provisions of this §535.403 adopted to\r\nbe effective August 18, 1998, 23 TexReg 8438; amended to be effective\r\nJanuary 1, 2001, 25 TexReg 11654; amended to be effective October\r\n4, 2001, 26 TexReg 7542; amended to be effective May 18, 2003, 28\r\nTexReg 3952; amended to be effective August 31, 2004, 29 TexReg 8300;\r\namended to be effective March 9, 2011, 36 TexReg 1563; amended to\r\nbe effective April 1, 2012, 37 TexReg 1909; amended to be effective\r\nJanuary 1, 2015, 39 TexReg 9669; amended to be effective December\r\n11, 2019, 44 TexReg 7711; amended to be effective September 1, 2022,\r\n47 TexReg 3053; amended to be effective June 11, 2023, 48 TexReg 2948;\r\namended to be effective September 3, 2025, 50 TexReg 5713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225982&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225982", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "T", "label": "EASEMENT OR RIGHT-OF-WAY AGENTS" }, "rule": { "number": "§535.404", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226842", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall charge and collect the following fees:(1) a fee of $200 for the application or renewal of a registration for a two-year period;(2) a fee of $50 for deposit into the Real Estate Recovery Trust Account upon the filing of an original or renewal application for a certificate of registration; and(3) the fee required by the Department of Information Resources as a subscription or convenience fee for use of an online payment system.", "sourceNote": "Source Note: The provisions of this §535.404 adopted\r\nto be effective April 1, 2012, 37 TexReg 1909; amended to be effective\r\nJanuary 1, 2015, 39 TexReg 9669; amended to be effective June 11,\r\n2023, 48 TexReg 2948; amended to be effective September 3, 2025, 50\r\nTexReg 5713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226842", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "T", "label": "EASEMENT OR RIGHT-OF-WAY AGENTS" }, "rule": { "number": "§535.405", "label": "Registration Not Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209059", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An easement or right-of-way registration is not required: (1) for an employee employed by an owner or purchaser for the purpose of selling, buying, leasing or transferring an easement or right-of-way for the owner or purchaser; or (2) as provided by §1101.005, Occupations Code. (b) A person is considered to be an owner if it holds an interest in an easement or right-of-way or has an equitable title or right acquired by contract with the record title holder.(c) An employee of an owner or purchaser means a person employed and directly compensated by an owner or purchaser. An independent contractor is not an employee.(d) Withholding income taxes and Federal Insurance Contributions Act (F.I.C.A.) taxes from wages paid to another person is considered evidence of employment.(e) An employee of a business easement or right-of-way certificate holder is required to have an individual easement or right-of-way registration to sell, buy, lease, or transfer an easement or right-of-way.", "sourceNote": "Source Note: The provisions of this §535.405 adopted to\r\nbe effective April 1, 2012, 37 TexReg 1909; amended to be effective\r\nJanuary 1, 2015, 39 TexReg 9669; amended to be effective June 11,\r\n2023, 48 TexReg 2948; amended to be effective November 26, 2025, 50\r\nTexReg 7573." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209059&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209059", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "535", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "T", "label": "EASEMENT OR RIGHT-OF-WAY AGENTS" }, "rule": { "number": "§535.406", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213772", "queryAsDate": "03/11/2026" }, "ruleBody": "To renew a certificate under this subchapter, a certificate holder must have completed 16 hours of approved continuing education prior to renewal as required by §1101.509, Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §535.406 adopted to be effective January 1, 2023, 47 TexReg 3055." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213772", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213773", "queryAsDate": "03/11/2026" }, "ruleBody": "The following terms and phrases, when used in this chapter, have the following meanings:(1) Commission--The Texas Real Estate Commission.(2) Contract forms--Contracts and related addenda, including notices, amendments, and other documents, used in the sale, exchange, option, or lease of any interest in real property.(3) Informational item--A statement that completes a blank in a contract form, discloses factual information, or provides instructions.(4) License holder--A real estate broker or sales agent licensed under Chapter 1101, Texas Occupations Code.(5) Mandatory use--Unless an exception applies under subsection (a) of section 537.11 (relating to Use of Standard Contract Forms; Unauthorized Practice of Law), use of the contract form is required by a license holder.(6) Voluntary use--A license holder may, but is not required to, use the contract form.", "sourceNote": "Source Note: The provisions of this §537.1 adopted to be effective June 11, 2023, 48 TexReg 2956." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213773", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.11", "label": "Use of Standard Contract Forms; Unauthorized Practice of Law" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223364", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When negotiating contracts binding the sale, exchange, option, or lease of any interest in real property, a license holder shall use only those contract forms approved for mandatory use by the Commission for that type of transaction with the following exceptions:(1) transactions in which the license holder is functioning solely as a principal, not as an agent;(2) transactions in which an agency of the United States government requires a different form to be used;(3) transactions for which a contract form has been prepared by the property owner or prepared by an attorney and required by a property owner; or(4) transactions for which no contract form has been approved for mandatory use by the Commission, and the license holder uses a form:(A) prepared by an attorney licensed by this state, or a trade association in consultation with an attorney licensed by this state that contains:(i) the name of the attorney or trade association who prepared the form;(ii) the name of the broker or trade association for whom the form was prepared;(iii) a statement indicating the type of transaction for which the attorney or trade association has approved the use of the form;(iv) any restrictions on the use of the form; and(v) if applicable, an explanation of how the form changes the rights, obligations, or remedies of a party under a contract form approved for mandatory use by the Commission and a statement that license holders may not practice law or give legal advice; or(B) prepared by the Texas Real Estate Broker-Lawyer Committee and approved by the Commission for voluntary use by license holders.(b) A license holder may not:(1) practice law;(2) directly or indirectly offer, give or attempt to give legal advice;(3) give advice or opinions as to the legal effect of any contract forms or other such instruments which may affect the title to real estate;(4) give opinions concerning the status or validity of title to real estate;(5) draft or recommend language to be included in a contract form defining or affecting the rights, obligations, or remedies of the principals of a real estate transaction, including escalation, appraisal, or contingency clauses;(6) add informational items to a form approved by the Commission if the Commission has approved another form for mandatory use for that purpose;(7) attempt to prevent or in any manner whatsoever discourage any principal to a real estate transaction from employing an attorney; or(8) obtain legal advice from an attorney, directly or indirectly, for a principal in a real estate transaction in which the license holder is acting as an agent.(c) This section does not:(1) limit a license holder's fiduciary obligation to disclose to the license holder's principals all pertinent facts that are within the knowledge of the license holder, including such facts which might affect the status of or title to real estate;(2) prevent the license holder from explaining to the license holder's principals the meaning of informational items or choices in a contract form, as long as the license holder does not practice law or give legal advice;(3) limit a license holder from employing and paying for the services of an attorney to represent only the license holder in a real estate transaction; or(4) limit a license holder from reimbursing a principal for attorney's fees incurred.(d) It is not the practice of law for a license holder to:(1) add informational items to a contract form authorized for use by this section; or(2) if specifically instructed in writing by a principal, add language to or strike language from a contract form, as long as any change is made conspicuous, including underlining additions, striking through deletions, or employing some other method which clearly indicates the change being made.(e) When a transaction involves unusual matters that should be reviewed by an attorney before an instrument is executed, or if the instrument must be acknowledged and filed of record, the license holder shall advise the license holder's principals to consult an attorney before executing the instrument.(f) A license holder shall advise the license holder's principals that the instrument they are about to execute is binding on them.(g) Contract forms approved by the Commission are published by and available from the Commission at www.trec.texas.gov.(h) Contract forms approved by the Commission may be reproduced, including through use of a software application, provided that the text and format of the form, including the sizing, spacing, and pagination, is identical to the Commission's published version, except that:(1) the business name or logo of a broker, trade association, or other organization may appear outside the form's border; and(2) a form may be scaled to accommodate viewing on smaller screens, including mobile devices, as long as the final executed copy of the form otherwise complies with this subsection.", "sourceNote": "Source Note: The provisions of this §537.11 adopted to be effective January 1, 1976; amended to be effective January 4, 1983, 7 TexReg 4462; amended to be effective October 20, 1983, 8 TexReg 3999; amended to be effective May 16, 1985, 10 TexReg 1419; amended to be effective August 1, 1985, 10 TexReg 1075; amended to be effective May 19, 1986, 11 TexReg 2093; amended to be effective February 12, 1987, 12 TexReg 346; amended to be effective October 5, 1990, 15 TexReg 5483; amended to be effective September 1, 1992, 17 TexReg 2394; amended to be effective February 1, 1994, 18 TexReg 8200; amended to be effective September 1, 1994,19 TexReg 3576; amended to be effective March 1, 1995, 19 TexReg 9996; amended to be effective January 3, 1996, 20 TexReg 11016; amended to be effective January 1, 1998, 22 TexReg 10133; amended to be effective September 1, 1998, 23 TexReg 6956; amended to be effective March 1, 1999, 23 TexReg 13075; amended to be effective January 1, 2000, 24 TexReg 9001; amended to be effective April 19, 2000, 25 TexReg 3270; amended to be effective September 1, 2000, 25 TexReg 6700; amended to be effective April 1, 2001, 26 TexReg 978; amended to be effective February 1, 2002, 26 TexReg 9383; amended to be effective April 1, 2003, 28 TexReg 677; amended to be effective April 1, 2004, 29 TexReg 2013; amended to be effective September 1, 2004, 29 TexReg 8301; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effectiveSeptember 1, 2010, 35 TexReg 7800; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective May 15, 2018, 42 TexReg 6805; amended to be effective June 11, 2023, 48 TexReg 2957." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223364", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.20", "label": "Standard Contract Form TREC No. 9-17, Unimproved Property Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209937", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 9-17 approved by the Commission in 2024 for mandatory use in the sale of unimproved property where the intended use is for one to four family residences.", "sourceNote": "Source Note: The provisions of this §537.20 adopted to be effective November 1, 1982, 7 TexReg 3101; amended to be effective August 1, 1985, 10 TexReg 1075; amended to be effective February 1, 1994, 18 TexReg 8200; amended to be effective January 1, 1998, 22 TexReg 10133; amended to be effective April 19, 2000, 25 TexReg 3270; amended to be effective April 1, 2003, 28 TexReg 677; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective September 1, 2008, 33 TexReg 5695; amended to be effective March 1, 2011, 35 TexReg 11698; amended to be effective August 24, 2011, 36 TexReg 5213; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective May 21, 2014, 39 TexReg 3863; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective March 5, 2018, 43 TexReg 1280; amended to be effective April 1, 2021, 45 TexReg 8520; amended to be effective December 2, 2021, 46 TexReg 8061; amended to be effective February 1, 2023, 47 TexReg 7903; amended to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209937", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.21", "label": "Standard Contract Form TREC No. 10-6, Addendum for Sale of Other Property by Buyer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223365", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 10-6 approved by the Commission in 2012 for mandatory use as an addendum concerning sale of other property by a buyer to be attached to promulgated forms of contracts.", "sourceNote": "Source Note: The provisions of this §537.21 adopted to be effective November 1, 1982, 7 TexReg 3101; amended to be effective December 1, 1987, 12 TexReg 2146; amended to be effective September 1, 1994, 19 TexReg 3576; amended to be effective January 1, 2000, 24 TexReg 9001; amended to be effective February 1, 2002, 26 TexReg 9383; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective July 1, 2007, 32 TexReg 2640; amended to be effective November 17, 2008, 33 TexReg 9248; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg9530; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223365&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223365", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.22", "label": "Standard Contract Form TREC No. 11-8, Addendum for \"Back-Up\" Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209939", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 11-8 approved by the Commission in 2024 for mandatory use as an addendum to be attached to promulgated forms of contracts which are second or \"back-up\" contracts.", "sourceNote": "Source Note: The provisions of this §537.22 adopted to be effective November 1, 1982, 7 TexReg 3101; amended to be effective December 1, 1987, 12 TexReg 2146; amended to be effective September 1, 1994, 19 TexReg 3576; amended to be effective September 1, 1998, 23 TexReg 6956; amended to be effective February 1, 2002, 26 TexReg 9383; amended to be effective April 1, 2004, 29 TexReg 2013; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective July 1, 2007, 32 TexReg 2640; amended to be effective November 17, 2008, 33 TexReg 9248; amended to be effective March 1, 2012, 36 TexReg 9328; amendedtobe effective December 10, 2014,39 TexReg 9530; amended to be effective August 30, 2022, 47 TexReg 5115; amended to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209939", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.23", "label": "Standard Contract Form TREC No. 12-3, Addendum for Release of Liability on Assumed Loan and/or Restoration of Seller's VA Entitlement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226843", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 12-3 approved by the Commission in 2012 for mandatory use as an addendum to be attached to promulgated forms of contracts where there is a Veterans Administration release of liability or restoration entitlement.", "sourceNote": "Source Note: The provisions of this §537.23 adopted to be effective November 1, 1982, 7 TexReg 3101; amended to be effective September 1, 1992, 17 TexReg 2394; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective July 1, 2007, 32 TexReg 2640; amended to be effective November 17, 2008, 33 TexReg 9248; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226843&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226843", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.26", "label": "Standard Contract Form TREC No. 15-7, Seller's Temporary Residential Lease" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226844", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 15-7 approved by the Commission in 2025 for mandatory use as a residential lease when a seller temporarily occupies property after closing.", "sourceNote": "Source Note: The provisions of this §537.26 adopted to be\r\neffective November 1, 1982, 7 TexReg 3101; amended to be effective\r\nAugust 1, 1985, 10 TexReg 1075; amended to be effective September\r\n1, 1994, 19 TexReg 3576; amended to be effective March 1, 1999, 23\r\nTexReg 13075; amended to be effective December 27, 2006, 31 TexReg\r\n10299; amended to be effective November 17, 2008, 33 TexReg 9248;\r\namended to be effective March 1, 2012, 36 TexReg 9328; amended to\r\nbe effective December 10, 2014, 39 TexReg 9530; amended to be effective\r\nAugust 30, 2022, 47 TexReg 5115; amended to be effective January 5,\r\n2026, 50 TexReg 7574." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226844", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.27", "label": "Standard Contract Form TREC No. 16-7, Buyer's Temporary Residential Lease" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223366", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 16-7 approved by the Commission in 2025 for mandatory use as a residential lease when a buyer temporarily occupies property before closing.", "sourceNote": "Source Note: The provisions of this §537.27 adopted to be\r\neffective November 1, 1982, 7 TexReg 3101; amended to be effective\r\nAugust 1, 1985, 10 TexReg 1075; amended to be effective September\r\n1, 1994, 19 TexReg 3576; amended to be effective March 1, 1999, 23\r\nTexReg 13075; amended to be effective December 27, 2006, 31 TexReg\r\n10299; amended to be effective November 17, 2008, 33 TexReg 9248;\r\namended to be effective March 1, 2012, 36 TexReg 9328; amended to\r\nbe effective December 10, 2014, 39 TexReg 9530; amended to be effective\r\nAugust 30, 2022, 47 TexReg 5115; amended to be effective January 5,\r\n2026, 50 TexReg 7574." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223366&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223366", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.28", "label": "Standard Contract Form TREC No. 20-18, One to Four Family Residential Contract (Resale)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223367", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 20-18 approved by the Commission in 2024 for mandatory use in the resale of residential real estate.", "sourceNote": "Source Note: The provisions of this §537.28 adopted to be effective August 1, 1985, 10 TexReg 1075; amended to be effective September 1, 1992, 17 TexReg 2394; amended to be effective February 1, 1994, 18 TexReg 8200; amended to be effective January 1, 1998, 22 TexReg 10133; amended to be effective April 19, 2000, 25 TexReg 3270; amended to be effective February 1, 2002, 26 TexReg 9383; amended to be effective April 1, 2003, 28 TexReg 677; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective September 1, 2008, 33TexReg5695; amended to be effective March 1, 2011, 35 TexReg 11698; amended to be effective August 24, 2011, 36 TexReg 5213; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective May 21, 2014, 39 TexReg 3863; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective March 5, 2018, 43 TexReg 1280; amended to be effective April 1, 2021, 45 TexReg 8520; amended to be effective December 2, 2021, 46 TexReg 8061; amended to be effective February 1, 2023, 47 TexReg 7903; amended to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223367&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223367", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.30", "label": "Standard Contract Form TREC No. 23-19, New Home Contract (Incomplete Construction)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223368", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 23-19 approved by the Commission in 2024 for mandatory use in the sale of a new home where construction is incomplete.", "sourceNote": "Source Note: The provisions of this §537.30 adopted to be effective December 1, 1987, 12 TexReg 2146; amended to be effective February 1, 1994, 18 TexReg 8200; amended to be effective January 1, 1998, 22 TexReg 10133; amended to be effective April 19, 2000, 25 TexReg 3270; amended to be effective September 1, 2000, 25 TexReg 6700; amended to be effective April 1, 2003, 28 TexReg 677; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective December 30, 2007, 32 TexReg 10001; amended to be effective September 1, 2008, 33 TexReg5695; amended to be effective December 1,2009,34 TexReg 7828; amended to be effective March 1, 2011, 35 TexReg 11698; amended to be effective August 24, 2011, 36 TexReg 5213; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective May 21, 2014, 39 TexReg 3863; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective March 5, 2018, 43 TexReg 1280; amended to be effective April 1, 2021, 45 TexReg 8520; amended to be effective December 2, 2021, 46 TexReg 8061; amended to be effective February 1, 2023, 47 TexReg 7903; amended to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223368&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223368", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.31", "label": "Standard Contract Form TREC No. 24-19, New Home Contract (Completed Construction)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223369", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 24-19 approved by the Commission in 2024 for mandatory use in the sale of a new home where construction is completed.", "sourceNote": "Source Note: The provisions of this §537.31 adopted to be effective December 1, 1987, 12 TexReg 1246; amended to be effective February 1, 1994, 18 TexReg 8200; amended to be effective January 1, 1998, 22 TexReg 10133; amended to be effective April 19, 2000, 25 TexReg 3270; amended to be effective September 1, 2000, 25 TexReg 6700; amended to be effective April 1, 2003, 28 TexReg 677; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective December 30, 2007, 32 TexReg 10001; amended to be effective September 1, 2008, 33 TexReg5695; amended to be effective December 1, 2009,34 TexReg 7828; amended to be effective March 1, 2011, 35 TexReg 11698; amended to be effective August 24, 2011, 36 TexReg 5213; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective May 21, 2014, 39 TexReg 3863; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective March 5, 2018, 43 TexReg 1280; amended to be effective April 1, 2021, 45 TexReg 8520; amended to be effective December 2, 2021, 46 TexReg 8061; amended to be effective February 1, 2023, 47 TexReg 7903; amended to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223369&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223369", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.32", "label": "Standard Contract Form TREC No. 25-16, Farm and Ranch Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211102", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 25-16 approved by the Commission in 2024 for mandatory use in the sale of a farm or ranch.", "sourceNote": "Source Note: The provisions of this §537.32 adopted to be effective December 1, 1987, 12 TexReg 2146; amended to be effective February 1, 1994, 18 TexReg 8200; amended to be effective January 1, 1998, 22 TexReg 10133; amended to be effective April 19, 2000, 25 TexReg 3270; amended to be effective April 1, 2003, 28 TexReg 677; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective September 1, 2008, 33 TexReg 5695; amended to be effective March 1, 2011, 35 TexReg 11698; amended to be effective August 24, 2011, 36 TexReg 5213; amended to be effectiveMarch 1, 2012, 36 TexReg 9328; amended to be effective May 21, 2014, 39 TexReg 3863; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective March 5, 2018, 43 TexReg 1280; amended to be effective April 1, 2021, 45 TexReg 8520; amended to be effective December 2, 2021, 46 TexReg 8061; amended to be effective February 1, 2023, 47 TexReg 7903; amended to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211102", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.33", "label": "Standard Contract Form TREC No. 26-8, Seller Financing Addendum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209935", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 26-8 approved by the Commission in 2022 for mandatory use as an addendum concerning seller financing.", "sourceNote": "Source Note: The provisions of this §537.33 adopted to be effective December 1, 1987, 12 TexReg 2146; amended to be effective September 1, 1992, 17 TexReg 2394; amended to be effective February 1, 1994, 18 TexReg 8200; amended to be effective April 1, 2001, 26 TexReg 978; amended to be effective February 1, 2002, 26 TexReg 9383; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective November 17, 2008, 33 TexReg 9248; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective February 1, 2023, 47 TexReg 7903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209935&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209935", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.35", "label": "Standard Contract Form TREC No. 28-2, Environmental Assessment, Threatened of Endangered Species, and Wetlands Addendum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223370", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 28-2 approved by the Commission in 2012 for mandatory use as an addendum to be attached to promulgated forms of contracts where reports are to be obtained relating to environmental assessments, threatened or endangered species, or wetlands.", "sourceNote": "Source Note: The provisions of this §537.35 adopted to be effective February 1, 1994, 18 TexReg 8200; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective July 1, 2007, 32 TexReg 2640; amended to be effective November 17, 2008, 33 TexReg 9248; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223370", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.37", "label": "Standard Contract Form TREC No. 30-17, Residential Condominium Contract (Resale)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "222690", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 30-17 approved by the Commission in 2024 for mandatory use in the resale of a residential condominium unit.", "sourceNote": "Source Note: The provisions of this §537.37 adopted to be effective September 1, 1994, 19 TexReg 3576; amended to be effective January 1, 1998, 22 TexReg 10133; amended to be effective April 19, 2000, 25 TexReg 3270; amended to be effective February 1, 2002, 26 TexReg 9383; amended to be effective April 1, 2003, 28 TexReg 677; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective September 1, 2008, 33 TexReg 5695; amended to be effective March 1, 2011, 35 TexReg 11698; amended to be effective August 24, 2011, 36 TexReg 5213;amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective May 21, 2014, 39 TexReg 3863; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective March 5, 2018, 43 TexReg 1280; amended to be effective April 1, 2021, 45 TexReg 8520; amended to be effective December 2, 2021, 46 TexReg 8061; amended to be effective February 1, 2023, 47 TexReg 7903; amended to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=222690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "222690", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.39", "label": "Standard Contract Form TREC No. 32-5, Condominium Resale Certificate" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209929", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 32-5 approved by the Commission in 2024 for voluntary use as a condominium resale certificate.", "sourceNote": "Source Note: The provisions of this §537.39 adopted to be effective September 1, 1994, 19 TexReg 3576; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective July 1, 2007, 32 TexReg 2640; amended to be effective September 1, 2008, 33 TexReg 5695; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective November 26, 2015, 40 TexReg 8251; amended to be effective August 30, 2022, 47 TexReg 5115; amended to be effective November 25, 2024, 49 TexReg 9553." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209929", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.40", "label": "Standard Contract Form TREC No. 33-2, Addendum for Coastal Area Property" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209930", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 33-2 approved by the Commission in 2012 for mandatory use as an addendum to be added to promulgated forms of contracts in the sale of property adjoining and sharing a common boundary with the tidally influenced submerged lands of the state.", "sourceNote": "Source Note: The provisions of this §537.40 adopted to be effective March 1, 1995, 19 TexReg 9996; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective July 1, 2007, 32 TexReg 2640; amended to be effective November 17, 2008, 33 TexReg 9248; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209930&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209930", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.41", "label": "Standard Contract Form TREC No. 34-4, Addendum for Property Located Seaward of the Gulf Intercoastal Waterway" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211104", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form, TREC No. 34-4 approved by the Commission in 2012 for mandatory use as an addendum to be added to promulgated forms of contracts in the sale of property located seaward of the Gulf Intracoastal Waterway.", "sourceNote": "Source Note: The provisions of this §537.41 adopted to be effective March 1, 1995, 19 TexReg 9996; amended to be effective February 1, 2002, 26 TexReg 9383; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective July 1, 2007, 32 TexReg 2640; amended to be effective December 30, 2007, 32 TexReg 10001; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211104&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211104", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.43", "label": "Standard Contract Form TREC No. 36-10, Addendum for Property Subject to Mandatory Membership in a Property Owners Association" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209931", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 36-10 approved by the Commission in 2022 for mandatory use as an addendum to be added to promulgated forms in the sale of property subject to mandatory membership in an owners' association.", "sourceNote": "Source Note: The provisions of this §537.43 adopted to be effective January 3, 1996, 20 TexReg 11016; amended to be effective January 1, 2000, 24 TexReg 9001; amended to be effective April 1, 2003, 28 TexReg 677; amended to be effective April 1, 2004, 29 TexReg 2013; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective September 1, 2008, 33 TexReg 5695; amended to be effective March 1, 2011, 35 TexReg 11698; amended to be effective July 1, 2012, 37 TexReg 4054; amended to be effectiveSeptember 8, 2014, 39 TexReg 7140; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective April 1, 2021, 45 TexReg 8520; amended to be effective February 1, 2023, 47 TexReg 7903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209931", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.44", "label": "Standard Contract Form TREC No. 37-5, Subdivision Information, Including Resale Certificate for Property Subject to Mandatory Membership in a Property Owners' Association" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224347", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 37-5 approved by the Commission in 2014 for voluntary use as a resale certificate when the property is subject to mandatory membership in an owners' association.", "sourceNote": "Source Note: The provisions of this §537.44 adopted to be effective January 3, 1996, 20 TexReg 11016; amended to be effective January 1, 2000, 24 TexReg 9001; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective September 1, 2008, 33 TexReg 5695; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective March 5, 2014, 39 TexReg 1380; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effectiveAugust 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224347&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224347", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.45", "label": "Standard Contract Form TREC No. 38-8, Notice of Buyer's Termination of Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223371", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 38-8 approved by the Commission in 2025 for mandatory use as a buyer's notice of termination of contract.", "sourceNote": "Source Note: The provisions of this §537.45 adopted to be\r\neffective September 1, 1998, 23 TexReg 6956; amended to be effective\r\nFebruary 1, 2002, 26 TexReg 9383; amended to be effective December\r\n27, 2006, 31 TexReg 10299; amended to be effective September 1, 2008,\r\n33 TexReg 5695; amended to be effective May 31, 2011, 36 TexReg 3330;\r\namended to be effective March 1, 2012, 36 TexReg 9328; amended to\r\nbe effective December 10, 2014, 39 TexReg 9530; amended to be effective\r\nJanuary 1, 2016, 40 TexReg 8251; amended to be effective March 1,\r\n2019, 43 TexReg 7908; amended to be effective April 1, 2021, 46 TexReg\r\n1644;amended to be effective August 30, 2022, 47 TexReg 5115; amended\r\nto be effective April 1, 2025, 50 TexReg 1683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223371&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223371", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.46", "label": "Standard Contract Form TREC No. 39-10, Amendment to Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223372", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 39-10 approved by the Commission in 2024 for mandatory use as an amendment to promulgated forms of contracts.", "sourceNote": "Source Note: The provisions of this §537.46 adopted to be effective September 1, 1998, 23 TexReg 6956; amended to be effective January 1, 2000, 24 TexReg 9001; amended to be effective April 1, 2001, 26 TexReg 978; amended to be effective February 1, 2002, 26 TexReg 9383; amended to be effective April 1, 2003, 28 TexReg 677; amended to be effective September 1, 2004, 29 TexReg 8301; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective November 17, 2008, 33 TexReg 9248; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effectiveDecember 10, 2014, 39 TexReg 9530; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective February 1, 2023, 47 TexReg 7903; amended to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223372&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223372", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.47", "label": "Standard Contract Form TREC No. 40-11, Third Party Financing Addendum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211106", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form, TREC No. 40-11 approved by the Commission in 2024 for mandatory use as an addendum to be added to promulgated forms of contracts when there is a condition for third party financing.", "sourceNote": "Source Note: The provisions of this §537.47 adopted to be effective February 1, 2002, 26 TexReg 9383; amended to be effective April 1, 2004, 29 TexReg 2013; amended to be effective May 1, 2006, 31 TexReg 1445; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective December 30, 2007, 32 TexReg 10001; amended to be effective March 1, 2011, 35 TexReg 11698; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective March 5, 2014, 39 TexReg 1380; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective January 1, 2016, 40 TexReg 8251; amended to be effective March 1, 2019, 43 TexReg 7908; amended to be effective March 1, 2020, 44 TexReg 7711; amended to be effective February 1, 2023, 47 TexReg 7903; amended to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211106&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211106", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.48", "label": "Standard Contract Form TREC No. 41-3, Loan Assumption Addendum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211107", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 41-3 approved by the Commission in 2022 for mandatory use as an addendum to be added to promulgated forms of contracts when there is an assumption of a loan.", "sourceNote": "Source Note: The provisions of this §537.48 adopted to be effective February 1, 2002, 26 TexReg 9383; amended to be effective December 27, 2006, 31 TexReg 10299; amended to be effective July 1, 2007, 32 TexReg 2640; amended to be effective November 17, 2008, 33 TexReg 9248; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective February 1, 2023, 47 TexReg 7903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211107&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211107", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.51", "label": "Standard Contract Form TREC No. 44-3, Addendum for Reservation of Oil, Gas, and Other Minerals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209941", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 44-3 approved by the Commission in 2022 for mandatory use as an addendum to be added to promulgated forms of contracts for the reservation of oil, gas, and other minerals.", "sourceNote": "Source Note: The provisions of this §537.51 adopted to be effective March 1, 2009, 34 TexReg 59; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective February 1, 2023, 47 TexReg 7903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209941", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.52", "label": "Standard Contract Form TREC No. 45-2, Short Sale Addendum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209942", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 45-2 approved by the Commission in 2021 for mandatory use as an addendum to be added to promulgated forms of contracts in the short sale of property.", "sourceNote": "Source Note: The provisions of this §537.52 adopted to be effective March 1, 2009, 34 TexReg 59; amended to be effective March 1, 2012, 36 TexReg 9328; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective April 1, 2021, 46 TexReg 1644; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209942", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.54", "label": "Standard Contract Form TREC No. 47-0, Addendum for Property in a Propane Gas System Service Area" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209943", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract Form TREC No. 47-0 approved by the Commission in 2014 for mandatory use when a property is located in a propane gas system service area.", "sourceNote": "Source Note: The provisions of this §537.54 adopted to be effective March 5, 2014, 39 TexReg 1380; amended to be effective December 10, 2014, 39 TexReg 9530; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209943", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.55", "label": "Standard Contract Form TREC No. 48-1, Addendum for Authorizing Hydrostatic Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209944", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 48-1 approved by the Commission in 2019 for mandatory use as an addendum to be added to promulgated forms if the parties agree to hydrostatic testing.", "sourceNote": "Source Note: The provisions of this §537.55 adopted to be effective March 5, 2018, 43 TexReg 1280; amended to be effective March 1, 2020, 44 TexReg 7711; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209944", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.56", "label": "Standard Contract Form TREC No. 49-1, Addendum Concerning Right to Terminate Due to Lender's Appraisal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209945", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 49-1 approved by the Commission in 2018 for mandatory use as an addendum to be added to promulgated forms concerning the right to terminate due to lender's appraisal.", "sourceNote": "Source Note: The provisions of this §537.56 adopted to be effective March 5, 2018, 43 TexReg 1280; amended to be effective March 1, 2019, 43 TexReg 7908; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209945", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.57", "label": "Standard Contract Form TREC No. 50-0, Seller's Notice of Termination of Contract" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211108", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 50-0 approved by the Commission in 2018 for mandatory use as a seller's notice of termination of contract.", "sourceNote": "Source Note: The provisions of this §537.57 adopted to be effective September 4, 2018, 43 TexReg 5681; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211108", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.58", "label": "Standard Contract Form TREC No. 51-1, Addendum Regarding Residential Leases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211109", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 51-1 approved by the Commission in 2022 for mandatory use as an addendum to be added to promulgated forms of contracts as related to lease agreements.", "sourceNote": "Source Note: The provisions of this §537.58 adopted to be effective April 1, 2021, 45 TexReg 8520; amended to be effective February 1, 2023, 47 TexReg 7903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211109", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.59", "label": "Standard Contract Form TREC No. 52-1, Addendum Regarding Fixture Leases" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209946", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 52-1 approved by the Commission in 2022 for mandatory use as an addendum to be added to promulgated forms as related to fixture leases.", "sourceNote": "Source Note: The provisions of this §537.59 adopted to be effective April 1, 2021, 45 TexReg 8520; amended to be effective February 1, 2023, 47 TexReg 7903." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209946", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.60", "label": "Standard Contract Form TREC No. 53-0, Addendum containing Notice of Obligation to Pay Improvement District Assessment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226845", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 53-0 approved by the Commission in 2021 for voluntary use when the property is located in a public improvement district.", "sourceNote": "Source Note: The provisions of this §537.60 adopted to be effective December 2, 2021, 46 TexReg 8061; amended to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226845&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226845", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.61", "label": "Standard Contract Form TREC No. 54-1, Landlord's Floodplain and Flood Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215647", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 54-1 approved by the Commission in 2025 for voluntary use to fulfill the disclosure requirements of §92.0135, Texas Property Code.", "sourceNote": "Source Note: The provisions of this §537.61 adopted to be\r\neffective August 30, 2022, 47 TexReg 5115; amended to be effective\r\nNovember 26, 2025, 50 TexReg 7574." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215647", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.62", "label": "Standard Contract Form TREC No. 55-0, Seller's Disclosure Notice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209933", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 55-0 approved by the Commission in 2023 for voluntary use to fulfill the disclosure requirements of Texas Property Code §5.008.", "sourceNote": "Source Note: The provisions of this §537.62 adopted to be effective August 30, 2022, 47 TexReg 5115; amended to be effective November 29, 2023, 48 TexReg 6915." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209933&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209933", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.63", "label": "Standard Contract Form TREC No. OP-L, Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225984", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. OP-L approved by the Commission in 2011 for voluntary use to comply with federal regulation to furnish a lead paint disclosure in properties constructed prior to 1978.", "sourceNote": "Source Note: The provisions of this §537.63 adopted to be effective August 30, 2022, 47 TexReg 5115." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225984&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225984", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.64", "label": "Standard Contract Form TREC No. 57-0, Non-Realty Items Addendum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225985", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 57-0 approved by the Commission in 2011 for voluntary use when the parties need to convey items of personal property not already listed in Paragraph 2, Property, of the contracts.", "sourceNote": "Source Note: The provisions of this §537.64 adopted to be\r\neffective August 30, 2022, 47 TexReg 5115; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5714." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225985&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225985", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.65", "label": "Standard Contract Form TREC No. 58-0, Notice to Prospective Buyer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216900", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 58-0 approved by the Commission in 2022 for voluntary use when the parties use a contract of sale that has not been approved for mandatory use by the Commission.", "sourceNote": "Source Note: The provisions of this §537.65 adopted to be\r\neffective November 29, 2022, 47 TexReg 7907; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5714." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216900", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.66", "label": "Standard Contract Form TREC No. 59-0, Notice to Purchaser of Special Taxing or Assessment District" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "223373", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 59-0 approved by the Commission in 2024 for voluntary use to fulfill the disclosure requirements of Texas Water Code §49.452and §49.4521.", "sourceNote": "Source Note: The provisions of this §537.66 adopted to be effective March 4, 2024, 49 TexReg 1280." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=223373&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "223373", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "537", "label": "PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS" }, "rule": { "number": "§537.67", "label": "Standard Contract Form TREC No. 60-0, Addendum for Section 1031 Exchange" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209063", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Real Estate Commission (Commission) adopts by reference standard contract form TREC No. 60-0 approved by the Commission in 2024 for mandatory use as an addendum to be attached to promulgated contract forms where either party intends to use the property to accomplish a Section 1031 Exchange.", "sourceNote": "Source Note: The provisions of this §537.67 adopted to be effective January 3, 2025, 49 TexReg 9550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209063&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209063", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "541", "label": "RULES RELATING TO THE PROVISIONS OF TEXAS OCCUPATIONS CODE, CHAPTER 53" }, "rule": { "number": "§541.1", "label": "Criminal Offense Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225986", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of Chapter 53, Texas Occupations Code, the Texas Real Estate Commission (the Commission) considers that a deferred adjudication deemed a conviction under §53.021 or a conviction of the following criminal offenses directly relates to the duties and responsibilities of a real estate broker and real estate sales agent because committing these offenses tends to demonstrate a person's inability to represent the interest of another with honesty, trustworthiness, and integrity:(1) offenses involving fraud or misrepresentation;(2) offenses involving forgery, falsification of records, or perjury;(3) offenses involving the offering, paying, or taking of bribes, kickbacks, or other illegal compensation;(4) offenses against real or personal property belonging to another;(5) offenses against the person;(6) offenses against public administration;(7) offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law;(8) offenses involving moral turpitude;(9) offenses in violation of Chapter 21, Texas Penal Code (sexual offenses);(10) offenses for which the person has been required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure;(11) felonies involving the manufacture, delivery, or intent to deliver controlled substances;(12) offenses of attempting or conspiring to commit any of the foregoing offenses;(13) offenses involving aiding and abetting the commission of an offense listed in this section;(14) repeated violations of one criminal statute or multiple violations of different criminal statutes; and(15) felonies involving driving while intoxicated (DWI) or driving under the influence (DUI).(b) For the purposes of Chapter 53, Texas Occupations Code, the Commission considers that a deferred adjudication deemed a conviction under §53.021, or a conviction of the following criminal offenses, directly relate to the duties and responsibilities of a professional inspector, real estate inspector, apprentice inspector, and easement or right-of-way agent for the reason that the commission of the offenses tends to demonstrate the person's inability to represent the interest of another with honesty, trustworthiness, and integrity:(1) offenses involving fraud or misrepresentation;(2) offenses involving forgery, falsification of records, or perjury;(3) offenses involving the offering, paying, or taking of bribes, kickbacks, or other illegal compensation;(4) offenses against real or personal property belonging to another;(5) offenses against the person;(6) offenses against public administration;(7) offenses involving the sale or other disposition of real or personal property belonging to another without authorization of law;(8) offenses involving moral turpitude;(9) offenses in violation of Chapter 21, Texas Penal Code (sexual offenses);(10) offenses for which the person has been required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure;(11) felonies involving the manufacture, delivery, or intent to deliver controlled substances;(12) offenses of attempting or conspiring to commit any of the foregoing offenses;(13) offenses involving aiding and abetting the commission of an offense listed in this section; and(14) repeated violations of one criminal statute or multiple violations of different criminal statutes.(c) In determining whether a criminal offense not listed in subsections (a) and (b) of this section is directly related to an occupation regulated by the Commission, the Commission shall consider:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring a license to engage in the occupation;(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation; and(5) any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.(d) When determining a person's present fitness for a license, the Commission shall also consider:(1) the extent and nature of the person's past criminal activity;(2) the age of the person when the crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(7) other evidence of the person's present fitness, including letters of recommendation.(e) It is the applicant's or license holder's responsibility, to the extent possible, to obtain and provide the recommendations described in subsection (d)(7) of this section.(f) When determining a person's fitness to perform the duties and discharge the responsibilities of a licensed occupation regulated by the Commission, the Commission does not consider an arrest that did not result in a conviction or placement on deferred adjudication community supervision.", "sourceNote": "Source Note: The provisions of this §541.1 adopted to be effective May 19, 1982, 7 TexReg 1748; amended to be effective November 9, 1990, 15 TexReg 6189; amended to be effective December 8, 1992, 17 TexReg 8234; amended to be effective February 23, 1998, 23 TexReg 1568; amended to be effective May 4, 1999, 24 TexReg 3348; amended to be effective January 1, 2004, 28 TexReg 9546; amended to be effective January 7, 2009, 34 TexReg 60; amended to be effective September 1, 2010, 35 TexReg 7800; amended to be effective September 8, 2014, 39 TexReg 7140; amended to be effective May 28, 2018, 43 TexReg 3360; amended to be effective March 4, 2020,45TexReg 1436; amended to be effective May 25, 2022, 47 TexReg 3056." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225986&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225986", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "541", "label": "RULES RELATING TO THE PROVISIONS OF TEXAS OCCUPATIONS CODE, CHAPTER 53" }, "rule": { "number": "§541.2", "label": "Criminal History Evaluation Letters /Determination of Fitness" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209950", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Texas Occupations Code, Chapter 53, Subchapter D and §1101.353, a person may request that the Texas Real Estate Commission (the Commission) evaluate the person's eligibility for a specific occupational license regulated by the Commission by:(1) submitting a request using a process acceptable to the Commission; and(2) paying the required fee.", "sourceNote": "Source Note: The provisions of this §541.2 adopted\r\nto be effective September 1, 2010, 35 TexReg 7800; amended to be effective\r\nSeptember 8, 2014, 39 TexReg 7140; amended to be effective May 25,\r\n2022, 47 TexReg 3056; amended to be effective September 3, 2025, 50\r\nTexReg 5714." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209950", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225987", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Commission--The Texas Real Estate Commission.(2) Texas Timeshare Act - Chapter 221, Texas Property Code", "sourceNote": "Source Note: The provisions of this §543.1 adopted to be effective August 30, 2022, 47 TexReg 5116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225987&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225987", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.2", "label": "Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225988", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A developer who wishes to register a timeshare plan shall submit an application for registration using a process acceptable to the Commission. The Commission may not accept for filing an application submitted without a completed application form and the appropriate filing fee.(b) If the Commission determines that an application for registration of a timeshare plan satisfies all requirements for registration, the Commission shall promptly register the timeshare plan. The Commission shall notify the applicant in writing that the timeshare plan has been registered, specifying the anniversary date of the registration and shall assign a registration number to the timeshare plan.(c) If the Commission determines that an application for registration of a timeshare plan fails to satisfy any requirement for registration, the Commission shall promptly notify the applicant of any deficiency in writing. The Commission may require an applicant to revise and resubmit written documents filed with the application or to provide additional information if the Commission determines that the application is incomplete or inaccurate. Upon submission by an applicant of a response sufficient in the opinion of the Commission to cure any deficiency in the application, the Commission shall promptly register the timeshare plan and provide the applicant with the written notice required by these rules. An application will be terminated and the Commission shall take no further action if the applicant fails to submit a response to the Commission within 90 days after the Commission makes a request to the applicant for curative action.", "sourceNote": "Source Note: The provisions of this §543.2 adopted to be\r\neffective August 30, 2022, 47 TexReg 5116; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225988&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225988", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.3", "label": "Amendments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225989", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who wishes to amend the registration of a timeshare plan shall submit an application to amend the registration using a process acceptable to the Commission. A developer may file an application to amend a registration before the occurrence of the change. The Commission may not accept for filing an application submitted without a completed application form and the appropriate filing fee.(b) For the purposes of §221.023 and subsections (b)(26), (c)(9) and (d)(32) of §221.032 of the Texas Timeshare Act, a developer shall file amendments to the registration reporting to the Commission any material or materially adverse change in any document contained in a registration.(c) \"Material\" includes, but is not limited to:(1) a change of developer;(2) a change of exchange company or association with an additional exchange company;(3) an increase in assessments of 15% or more;(4) any substantial change in the accommodations that are part of the timeshare plan;(5) an increase or decrease in the number of timeshare interests in the timeshare plan registered by the Commission;(6) a change of escrow agent or type of escrow or other financial assurance;(7) if applicable, an increase of more than 20% in an original alternative assurance as defined by §221.063(a) of the Texas Timeshare Act;(8) a change to a substantive provision of the escrow agreement between the escrow agent and the developer;(9) a change of management company; or(10) a change to a substantive provision of the management agreement.(d) \"Materially adverse\" means any material change to the timeshare plan that substantially reduces the benefits or increases the costs to purchasers.(e) Material or materially adverse does not include the correction of any typographical or other nonsubstantive changes.(f) If the Commission determines that a registration, if amended in the manner indicated in an application to amend a registration, would continue to satisfy all requirements for registration, the Commission shall promptly notify the applicant in writing that the registration has been amended, specifying the effective date of the amendment.(g) If the Commission determines that a registration, if amended in the manner indicated in an application to amend a registration, would fail to satisfy a requirement for registration, the Commission shall promptly notify the applicant of any deficiency. The Commission may require the applicant to revise and resubmit written documents filed with the application or to provide additional information if the Commission determines that the application or written material filed with the application is incomplete or inaccurate. Upon submission by an applicant of a response sufficient in the opinion of the Commission to cure any deficiency in the application, the Commission shall promptly notify the applicant that the registration has been amended, specifying the effective date of the amendment.", "sourceNote": "Source Note: The provisions of this §543.3 adopted to be\r\neffective August 30, 2022, 47 TexReg 5116; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225989", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.4", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226846", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for registration of a timeshare plan or an applicant for abbreviated registration of a timeshare plan shall pay a filing fee of $2.00 for each seven days of annual use availability in each accommodation that is a part of the timeshare plan, provided however, that the Commission shall charge and collect a minimum filing fee of $500.00 and that no registration filing fee shall exceed $3,500.00. (b) An applicant for amendment of the registration of a timeshare plan shall pay a minimum filing fee of $100.00, provided however, that the filing fee for an amendment that increases the number of timeshare interests to be sold from the number that existed or were proposed for sale in the original registration shall be $2.00 for each seven days of annual use availability in each timeshare unit that is being added to the timeshare plan and that no filing fee shall exceed $2,000.00.(c) An applicant for pre-sale authorization shall pay a filing fee of $100.00 in addition to the filing fee due under subsection (a) of this section.(d) A filing fee is not refundable once an application is accepted for filing by the Commission.(e) A developer of a registered timeshare plan shall pay a fee of $100 to renew a registration.(f) To reinstate an expired registration of the timeshare plan, a developer shall pay, in addition to the fee of $100 to renew a timeshare plan, an additional fee of $25 for each month the registration has been expired.(g) The Commission may collect the fee required by the Department of Information Resources as a subscription or convenience fee for use of an online payment system.", "sourceNote": "Source Note: The provisions of this §543.4 adopted to be\r\neffective August 30, 2022, 47 TexReg 5116; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226846&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226846", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.5", "label": "Timeshare Consent to Service of Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225990", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission adopts by reference the Timeshare Consent to Service of Process, Form TSR 7-1, which must be used in connection with the registration of a timeshare plan if the developer is a foreign corporation, limited liability company, or partnership that is not qualified to transact business in Texas.", "sourceNote": "Source Note: The provisions of this §543.5 adopted to be\r\neffective August 30, 2022, 47 TexReg 5116; amended to be effective\r\nNovember 26, 2025, 50 TexReg 7575." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225990", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.6", "label": "Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209956", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is a material violation of the Texas Timeshare Act for a person to engage in any of the acts described in §221.071(a) of the Texas Timeshare Act.(b) It is a material violation of the Texas Timeshare Act for a developer to represent to a potential purchaser of a timeshare interest by advertising or any other means that a timeshare plan has been approved by the State of Texas or the Commission or to represent that the State of Texas or the Commission has passed upon the merits of a timeshare plan. It is not a material violation of the Texas Timeshare Act for a registrant to represent that a timeshare plan has been registered if the registrant discloses at the same time and in the same manner that the State of Texas and the Commission have not approved the timeshare plan or passed upon the merits of the timeshare plan.(c) It is a material violation of the Texas Timeshare Act for a developer to fail to file an application to amend a registration within 30 days of the occurrence of a material or materially adverse change in any document contained in the registration or to fail to submit a response together with any related material in a good faith effort to cure a deficient application to amend a registration within 90 days after the Commission has mailed to the applicant a request for curative action.(d) It is a material violation of the Texas Timeshare Act for a person to procure or attempt to procure a registration or amendment to a registration by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application filed with the Commission.(e) It is a material violation of the Texas Timeshare Act for a person to disregard or violate a rule of the Commission.(f) It is a material violation of the Texas Timeshare Act for a developer to fail to make good a payment issued to the Commission after the Commission has sent by certified mail a request for payment to the developer's last known mailing address according to the Commission's records.(g) It is a material violation of the Texas Timeshare Act for a developer to fail, not later than the 14th day after the date of a request, to provide information or documents requested by the Commission or a Commission representative in the course of the investigation of a complaint.(h) It is a material violation of the Texas Timeshare Act for a developer to fail to properly file an assumed name as required by §221.037(b) of the Texas Timeshare Act or to fail to give the Commission timely written notice of the developer's use of an assumed name.", "sourceNote": "Source Note: The provisions of this §543.6 adopted to be\r\neffective August 30, 2022, 47 TexReg 5116; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5715." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209956", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.7", "label": "Complaints and Disciplinary Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209957", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints regarding registered timeshare plans shall be in writing and signed by the person filing the complaint.(b) The Commission shall not investigate a complaint submitted more than four years after the date of the transaction that is the subject of the complaint.(c) Disciplinary proceedings, including appeals, shall be conducted in accordance with the provisions of §221.024 of the Texas Timeshare Act, Chapter 533 of this title and the Administrative Procedure Act, Chapter 2001, Government Code.", "sourceNote": "Source Note: The provisions of this §543.7 adopted to be effective August 30, 2022, 47 TexReg 5116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209957", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.8", "label": "Contract Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209958", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of §221.043(a) of the Texas Timeshare Act, \"conspicuous manner\" means that:(1) The type of the upper and lower case letters used shall be two point sizes larger than the largest non-conspicuous type, exclusive of heading, on the page on which it appears but in at least 10-point type; or(2) Where the use of 10-point type would be impractical or impossible, a different style of type or print may be used, so long as the print remains conspicuous under the circumstances.(b) For purposes of subsection (a) of this section, any conspicuous type utilized shall be separated on all sides from other type and print and may be utilized only where required by the Texas Timeshare Act or authorized by the Commission.", "sourceNote": "Source Note: The provisions of this §543.8 adopted to be effective August 30, 2022, 47 TexReg 5116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209958", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.9", "label": "Disclosure Requirement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209959", "queryAsDate": "03/11/2026" }, "ruleBody": "A developer may provide the disclosures required by §221.032 and §221.033 of the Texas Timeshare Act in an alternate format with the written agreement of the purchaser, provided the developer obtains a signed receipt evidencing that consent from the purchaser.", "sourceNote": "Source Note: The provisions of this §543.9 adopted to be effective August 30, 2022, 47 TexReg 5116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209959", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.10", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209960", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of §221.034(b) of the Texas Timeshare Act, the term \"developer\" shall include any entity in which the developer, or any affiliate of the developer, has at least a 25% interest.", "sourceNote": "Source Note: The provisions of this §543.10 adopted to be effective August 30, 2022, 47 TexReg 5116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209960", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.11", "label": "Escrow Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of §221.063(a) of the Texas Timeshare Act, the alternative financial assurance from another state or jurisdiction must be for the same timeshare plan as the timeshare plan being registered or registration being amended.(b) A timeshare developer shall, not later than the 10th day after the date of the change, provide the Commission with written notice of any increase or decrease in the original surety bond as provided for in §221.063(a) of the Texas Timeshare Act.", "sourceNote": "Source Note: The provisions of this §543.11 adopted to be effective August 30, 2022, 47 TexReg 5116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209947", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.12", "label": "Maintenance of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226847", "queryAsDate": "03/11/2026" }, "ruleBody": "A developer shall give the Commission written notice of a change of the developer's mailing address not later than the 10th day after the date of the change.", "sourceNote": "Source Note: The provisions of this §543.12 adopted to be effective August 30, 2022, 47 TexReg 5116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226847&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226847", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.13", "label": "Renewal of Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The registration of a timeshare plan expires on the last day of the month two years after the date the plan was registered. (b) A developer of a timeshare plan may renew the registration for a two-year period by submitting an application using a process acceptable to the Commission and paying the appropriate filing fee.(c) The Commission will deliver a renewal notice to a developer 90 days before the expiration of the registration of the timeshare plan.(d) An application to renew a timeshare plan is considered void and is subject to no further evaluation or processing when the developer fails to provide information or documentation within 60 days after the Commission makes written request for correct or additional information or documentation.(e) Registration Reinstatement. A developer of a timeshare plan may reinstate an expired registration if:(1) the registration has been expired for less than two years;(2) submits an application using a process acceptable to the Commission; and(3) submits the required fee under §543.4 of this chapter (relating to Fees). (f) Denial of Renewal. The Commission may deny an application for renewal of a registration if the developer of a timeshare plan is in violation of the terms of a Commission order.", "sourceNote": "Source Note: The provisions of this §543.13 adopted to be\r\neffective August 30, 2022, 47 TexReg 5116; amended to be effective\r\nSeptember 3, 2025, 50 TexReg 5715; amended to be effective November\r\n26, 2025, 50 TexReg 7575." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209949", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "23", "label": "TEXAS REAL ESTATE COMMISSION" }, "chapter": { "number": "543", "label": "RULES RELATING TO THE PROVISIONS OF THE TEXAS TIMESHARE ACT" }, "rule": { "number": "§543.14", "label": "Assumed Names" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183352", "queryAsDate": "03/11/2026" }, "ruleBody": "A developer who uses an assumed name under §221.037(b) of the Texas Timeshare Act instead of using the full name of the developer shall notify the Commission in writing at least 10 days before using the assumed name.", "sourceNote": "Source Note: The provisions of this §543.14 adopted to be effective August 30, 2022, 47 TexReg 5116." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183352&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183352", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151778", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in the Veterinary Licensing Act (Chapter 801, Texas Occupations Code) or the Rules of the Board (Texas Administrative Code, Title 22, Part 24, Chapters 571 - 577) shall have the following meaning:(1) Board--the Texas Board of Veterinary Medical Examiners.(2) EDPE--Equine Dental Provider Jurisprudence Examination.(3) Locally derived scaled score--the equivalent of the criterion referenced passing point for the national examination or the NAVLE.(4) Name on license--licenses will be issued to successful applicants in the name of the individual as it appears on the birth certificate, court order, marriage license, or documentation of naturalization.(5) National Board of Veterinary Medical Examiners (NBVME)--the organization responsible for producing, administering and scoring the NAVLE.(6) National examination--the examination in existence and effective prior to the inauguration date of the NAVLE and which consists of the national board examination (NBE) and the clinical competency test (CCT).(7) North American Veterinary Licensing Examination (NAVLE)--the examination which replaced the national examination in the year 2000.(8) Passing Score--an examination score of at least 75 percent on the national examination and NAVLE, which is based on a locally derived scaled score; an examination score of at least 75 percent on the VTNE, which is based on a locally derived scaled score; an examination score of at least 85 percent on the SBE, the LVTE, or the EDPE. The examination score on the SBE, LVTE, or the EDPE is valid for one year past the date of the examination.(9) SBE--State Board Examination.(10) School or college of veterinary medicine--a school or college of veterinary medicine that is approved by the Board and accredited by the Council on Education of the American Veterinary Medical Association (AVMA). Applicants who are graduates of a school or college of veterinary medicine not accredited by the Council on Education of the AVMA are eligible provided that the applicant presents satisfactory proof to the Board that the applicant is a graduate of a school or college of veterinary medicine and possesses an Educational Commission for Foreign Veterinary Graduates (ECFVG) certificate or a Program for Assessment of Veterinary Education Equivalence (PAVE) certificate.(11) VTNE--Veterinary Technician National Examination.(12) LVTE--Licensed Veterinary Technician Jurisprudence Examination.(13) Veterinary Technician Program--a program of education for veterinary technicians accredited by AVMA.(14) Renewal year--the year between the first day of the month after a licensee's birth month and the last day of the licensee's birth month in the following year. The first regular license is valid from the date of issuance until the last day of the applicant's birth month, with a duration of at least one year.", "sourceNote": "Source Note: The provisions of this §571.1 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4416; amended to be effective May 4, 2014, 39 TexReg 3419; amended to be effective November 22, 2015, 40 TexReg 8021; amended to be effective March 26, 2017, 42 TexReg 1448." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151778", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.3", "label": "Criminal History Evaluation Letters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167019", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose: The purpose of this section is to provide a process by which an individual may request a criminal history evaluation letter regarding the person's eligibility for a license issued by the Texas Board of Veterinary Medical Examiners, pursuant to §53.102 of the Texas Occupations Code.(b) Prior to applying for licensure, an individual seeking licensure may request that agency staff review the person's criminal history to determine if the person is ineligible for licensure based solely on the person's criminal background.(c) Requestors must submit their requests in writing on a form provided by the Board which includes:(1) a statement by the petitioner or applicant indicating the reason(s) and basis of potential ineligibility;(2) if the potential ineligibility is due to criminal conduct and/or conviction, any court documents including, but not limited to, indictments, orders of deferred adjudication, judgments, probation records and evidence of completion of probation, if applicable; and(3) the required fee as provided in §577.15 of this title (relating to Fee Schedule) which is not refundable.(d) The agency may require additional documentation including fingerprint cards before issuing a criminal history evaluation letter.(e) The agency shall provide criminal history evaluation letters that include the basis for ineligibility if grounds for ineligibility exist to all requestors no later than the 90th day after the agency receives all required documentation to allow the agency to respond to a request.(f) If a requestor does not provide all requested documentation within one year of submitting the original request, the requestor must submit a new request along with appropriate fees.(g) All evaluation letters shall be based on existing law at the time of the request. All requestors remain subject to the requirements for licensure at the time of application and may be determined ineligible under existing law at the time of application. If a requestor fails to provide complete and accurate information to the agency, the agency may invalidate the criminal history evaluation letter. Additional criminal history after the submission of the Petition for Criminal History Evaluation Letter to the Board may invalidate the Criminal History Evaluation Letter.(h) An individual shall be permitted to apply for licensure, regardless of the agency's determination in a criminal history evaluation letter.", "sourceNote": "Source Note: The provisions of this §571.3 adopted to be effective May 29, 2011, 36 TexReg 3187." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167019", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.4", "label": "Qualifications for Licensed Veterinary Technician License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167020", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for licensure as a licensed veterinary technician, an applicant must present satisfactory proof to the Board that the applicant:(1) is at least 18 years old;(2) has obtained at least a passing score on:(A) the VTNE; and(B) the LVTE; and(3) is a graduate of a Veterinary Technician Program.(4) A person must first take and pass the VTNE in order to apply for the LVTE.(b) The Board may refuse to issue a licensed veterinary technician license to an applicant who meets the qualification criteria but is otherwise subject to denial of license as provided in Texas Occupations Code §801.401 and §801.402.", "sourceNote": "Source Note: The provisions of this §571.4 adopted to be effective May 4, 2014, 39 TexReg 3420." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167020", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.5", "label": "Qualifications for Veterinary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for veterinary licensure, an applicant must present satisfactory proof to the Board that the applicant:(1) is at least the age of majority;(2) has obtained at least a passing score on:(A) the NAVLE if an applicant sits for that examination subsequent to its inauguration date; or(B) the national examination if an applicant sat for that examination prior to the inauguration date of the NAVLE; and(C) the SBE; and(3) is a graduate of a school or college of veterinary medicine that is approved by the Board.(b) The Board may refuse to issue a veterinary license to an applicant who meets the qualification criteria but is otherwise subject to denial of license as provided in Texas Occupations Code §801.401 and §801.402.(c) An applicant may petition the Board in writing for an exception to subsection (a)(2)(A) or (B) of this section. In deciding whether to grant the petition, the Board may consider:(1) the availability of the national examination or NAVLE at the time the petitioner originally applied for licensure;(2) the number of years the petitioner has been in active practice;(3) petitioner's license status and standing in other jurisdictions;(4) petitioner's status as a diplomate in an AVMA recognized veterinary specialty; and(5) any other factors that may be related to petitioner's request for an exception.(d) As a condition of granting an exception under subsection (c)(2) of this section, the Board may impose additional requirements that are reasonably necessary to assure that the petitioner is competent to practice veterinary medicine in Texas.", "sourceNote": "Source Note: The provisions of this §571.5 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4416; amended to be effective May 4, 2014, 39 TexReg 3420." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167021", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.6", "label": "Qualifications for Equine Dental Provider License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225001", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for licensure as an equine dental provider, an applicant must present satisfactory proof to the Board that the applicant:(1) has obtained at least a passing score of 85 on the EDPE; and(2) is certified by the International Association of Equine Dentists or other Board-approved entity.(b) The Board may refuse to issue an equine dental provider license to an applicant who meets the qualification criteria but is otherwise subject to denial of license as provided in Texas Occupations Code §801.401 and §801.402.", "sourceNote": "Source Note: The provisions of this §571.6 adopted to be effective June 19, 2012, 37 TexReg 4417; amended to be effective May 4, 2014, 39 TexReg 3420." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225001&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225001", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.7", "label": "Veterinary Licensing Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174430", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for a veterinary license may apply for the SBE provided that the applicant is a graduate of an approved and accredited veterinary medical school or college, as defined in §571.1(10) of this title (relating to Definitions).(b) An applicant for a veterinary license may sit for the NAVLE provided that the applicant is a graduate of:(1) an approved and accredited veterinary medical school or college, as defined in §571.1(10) of this title; or(2) a veterinary medical school or college not approved and accredited, but who is enrolled in the ECFVG or PAVE certification program, and meets the requirements of subsection (c) of this section, if applicable.(c) When applying for the NAVLE through NBVME, an applicant who is a graduate of a veterinary medical school or college not approved and accredited, and is enrolled in the ECFVG or PAVE certification program, shall submit proof that the applicant passed all English language proficiency tests required by the certification program of choice and must have completed all other requirements of each program to be considered eligible to apply for the NAVLE.(d) A person must first take and pass the national examination or the NAVLE in order to apply for the SBE.(e) A candidate for the NAVLE must take the examination within the testing window in which the candidate is authorized for testing. A candidate, who fails to take the examination within the appropriate testing window or fails to obtain a passing score on NAVLE, and desires to take the examination during a subsequent testing window must comply with NBVME application requirements.(f) Eligibility Prior to Graduation. An applicant for a veterinary license who has not graduated from veterinary medical school may apply for the SBE provided the following conditions have been met:(1) An applicant must be enrolled in an approved and accredited veterinary medical school or college as defined in §571.1(10) of this title and must obtain a document from the dean of the school or college from which the applicant expects to graduate certifying that the applicant is within 120 days of completion of a veterinary college program and is expected to graduate.(2) An applicant enrolled in a joint or combined degree program who has completed the applicant's veterinary medical education but has not received a diploma or transcript certifying the award of the applicant's DVM degree, must obtain a letter from the dean of the school or college of veterinary medicine stating that the applicant did in fact graduate before the applicant is eligible to sit for the SBE.(3) To apply for the NAVLE through NBVME, a candidate shall, at the time an application is submitted, demonstrate that the candidate is:(A) a student enrolled in an approved and accredited school or college of veterinary medicine as defined in §571.1 10) of this title, and who has submitted a document from the dean of the school or college from which the student expects to graduate, certifying that the applicant is within ten months of the student's expected graduation date and is expected to graduate, and has demonstrated compliance with all of the NBVME's testing requirements for the NAVLE; or(B) a graduate of a school or college of veterinary medicine not approved and accredited, who is enrolled in the ECFVG or PAVE certification program and shall submit proof that the applicant passed all English language proficiency tests required by the certification program of choice and must have completed all other requirements of each program.", "sourceNote": "Source Note: The provisions of this §571.7 adopted\r\nto be effective May 29, 2011, 36 TexReg 3187; amended to be effective\r\nJune 19, 2012, 37 TexReg 4417; amended to be effective March 22, 2016,\r\n41 TexReg 2166; amended to be effective May 15, 2025, 50 TexReg 2812." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174430", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.9", "label": "Special Veterinary Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165080", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General requirements for special veterinary licensure; examination scores; issuance and renewal.(1) The Board shall schedule a jurisprudence examination at least once a year for applicants for special veterinary licenses.(2) An applicant for a special veterinary license under §801.256(a)(1) - (3), Texas Occupations Code, must:(A) be at the age of majority;(B) be a graduate of a Board approved veterinary program at an institution of higher education or possess an Educational Commission for Foreign Veterinary Graduates (ECFVG) Certificate or a Program for Assessment of Veterinary Education Equivalence (PAVE) Certificate; or(C) provide to the Board a written affirmation by the dean of a Board approved veterinary program at an institution of higher education in this state or the executive director of the Texas Animal Health Commission or the executive director of the Texas Veterinary Medical Diagnostic Laboratory that the applicant:(i) meets a critical need for staffing at the institution of higher education or the Texas Animal Health Commission or the Texas Veterinary Medical Diagnostic Laboratory; and(ii) is certified by a nationally recognized veterinary specialty board or is eligible for that certification; and(D) pass the Board's jurisprudence examination. The applicant must submit a completed application for examination to the Board by no later than forty-five (45) days prior to the examination date. The completed application includes payment of examination fees and certification from the applicant's employer attesting to the applicant's employment position.(3) For purposes of this section, a \"Board approved veterinary program at an institution of higher education\" means any program which is recognized and accredited by an appropriate body of the American Veterinary Medical Association (AVMA).(4) The applicant must submit with his application a written statement from his employer describing the applicant's official duties that require the issuance of a special license under §801.256(a)(1) - (3), Texas Occupations Code. Upon completion of the jurisprudence examination, the Board shall notify the applicant by letter of his score. For candidates who attain a passing score of 85 percent, the letter shall constitute the special license for limited practice in the State of Texas.(5) A special veterinary license will be issued for the renewal year in which the requirements for licensure have been met.(6) A special veterinary license is subject to the renewal requirements set out in §801.303, Texas Occupations Code.(7) An applicant who fails the jurisprudence examination for a special veterinary license and wishes to be re-examined will be required to resubmit an application and fees for a later scheduled jurisprudence examination.(b) Applicant requirements for unrepresented or under represented specialty practice, as further defined in subsection (c) of this section. An applicant for a special license to practice a veterinary medicine specialty in this state must:(1) be a graduate of a board approved veterinary program at an institution of higher education as defined in §571.15(a)(3) of this title (relating to Temporary Veterinary License) or possess an ECFVG or PAVE Certificate;(2) present proof of a current active license in good standing in another state or jurisdiction of the United States that has licensing requirements substantially equivalent to the requirements of the Veterinary Licensing Act, Texas Occupations Code Chapter 801;(3) not currently be holding a special veterinary license under this section; and(4) have a certification from an employing sponsor or controlling authority approved by the board that the need for a special veterinary license exists.(c) The board may issue a special veterinary license to an applicant for an unrepresented or under represented specialty practice if the board finds that:(1) there is a need, shortage, or demand for the specialty practice in the State of Texas;(2) the applicant is competent to practice veterinary medicine in the particular specialty; and(3) the applicant has taken and passed the jurisprudence examination for special veterinary license.(d) Change of special veterinary license status. A request by the holder of a special veterinary license to change the license from one category to another must be submitted to the Board for approval.", "sourceNote": "Source Note: The provisions of this §571.9 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4418; amended to be effective November 22, 2015, 40 TexReg 8022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165080&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165080", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.11", "label": "Provisional Veterinary Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192238", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may issue a provisional veterinary license to a person seeking regular veterinary licensure in Texas. The Board may not issue a provisional veterinary license to an individual who has previously taken and failed any examination offered by the Board and required to obtain a Texas veterinary license. The Board may not reissue, extend, or renew a provisional veterinary license.(b) The Board may grant a provisional veterinary license containing specific practice restrictions to a person who meets the following criteria:(1) present proof of a current active license in good standing in another state or jurisdiction of the United States that has licensing requirements substantially equivalent to the requirements of the Veterinary Licensing Act, Texas Occupations Code Chapter 801;(2) proof of receipt of a passing score on the national examination or NAVLE, except that the Board may, upon written petition of the applicant, provide an exception to this requirement based on the applicant's satisfaction of the other requirements of this section and consideration of factors set out in §571.5(c) of this title (relating to Qualifications for Veterinary License);(3) a passing score of 85 percent on the Board's jurisprudence examination;(4) payment of the required application fee;(5) proof of graduation from a college of veterinary medicine accredited by the Council on Education of the American Veterinary Medical Association (AVMA) or an Educational Commission for Foreign Veterinary Graduates (ECFVG) Certificate or a Program for Assessment of Veterinary Education Equivalence (PAVE) Certificate; and(6) proof of veterinary experience, which may be satisfied by letter of reference from at least two licensed veterinary employers or licensed veterinary colleagues with direct knowledge of the applicant's veterinary practice and experience.(c) The Board's Executive Director will issue a provisional veterinary license to an applicant following verification of the requirements set out in subsection (b) of this section and receipt of the documents and fee required in subsection (d) of this section.(d) An applicant for a provisional veterinary license must submit completed information on an application form designated by the Board, together with the required supporting documentation and an application fee in an amount set by the Board and contained in §577.15 of this title (relating to Fee Schedule).(e) An applicant for a veterinary license, who is the spouse of an active duty member of the United States armed forces and held a veterinary license in this state within the preceding five years that was cancelled for failure to renew while the applicant lived in another state for at least six months, may apply for a provisional license and is exempt from the requirements of subsection (b) of this section, except that the applicant must attain a passing score of 85 percent on the Board's jurisprudence examination, and pay the required application fee.(f) A provisional veterinary license is valid until the earlier of:(1) 14 days after the first available regularly scheduled SBE;(2) announcement of the results of the first available SBE; or(3) cancellation, if the provisional licensee fails to appear at the first available regularly scheduled SBE held after the issuance of the provisional license.(g) The Board shall process any additional requirements necessary to complete a provisional veterinary licensee's application for regular licensure within 180 days after the issuance of a provisional veterinary license. The Board is not required to conduct a licensure examination if a regularly scheduled SBE does not occur within the 180-day period.", "sourceNote": "Source Note: The provisions of this §571.11 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4419; amended to be effective December 23, 2013, 38 TexReg 9363." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192238", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.13", "label": "Temporary Veterinary Licensure During Declared State of Disaster" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206583", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual who is licensed to practice veterinary medicine in any of the United States may be issued a temporary veterinary license during a state of disaster declared by the Governor of the State of Texas under the following circumstances:(1) The applicant must complete an Application for Temporary Emergency License.(2) The Board will verify that the veterinarian is licensed in the states indicated in the Application and will confirm good standing.(3) An application fee and the SBE are waived.(b) A veterinarian granted a temporary emergency license under this section shall abide by the Texas Veterinary Licensing Act and the Board's rules. Violations of the Act, Board rules, or the temporary emergency license will subject the temporary licensee to disciplinary action by the Board.(c) A temporary veterinary license issued under this rule will be valid for 120 days or until the end of the declaration of disaster, whichever is earlier.", "sourceNote": "Source Note: The provisions of this §571.13 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4420; amended to be effective September 24, 2018, 43 TexReg 6282." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206583&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206583", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.15", "label": "Temporary Veterinary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligibility and Application Requirements. An application for a temporary veterinary license shall be submitted to the Board on the form provided by the Board. To be complete, an application must include at least the following items:(1) a letter of good standing issued within the previous six months from another state or jurisdiction of the United States or foreign country with substantially similar licensing requirements in which the applicant is currently actively licensed;(2) an attestation that the applicant is a graduate of a school or college of veterinary medicine that is approved by the Board and accredited by the Council on Education of the American Veterinary Medical Association (AVMA), or that possesses an Educational Commission for Foreign Veterinary Graduates (ECFVG) Certificate or a Program for Assessment of Veterinary Education Equivalence (PAVE) Certificate;(3) a copy of the applicant's driver's license, passport, or other government-issued photo identification; and(4) the license number and signature of the Texas veterinarian who agrees to provide general supervision of the applicant's practice of veterinary medicine for the duration of the temporary veterinary license.(b) Scope and Duration.(1) A temporary veterinary license is valid only for a specific patient, client, continuing education course, or task.(2) A temporary veterinary license is valid for 60 days from issuance. The 60-day period does not have to run consecutively. A temporary veterinary license may not be renewed or reissued. A person may not be issued more than two temporary veterinary licenses in a calendar year.(c) Penalties.(1) A person who exceeds the scope or duration of a temporary veterinary license, or who violates the Act or Board Rules while practicing under a temporary veterinary license, is subject to:(A) disciplinary action under Occupations Code §801.401;(B) a cease and desist order pursuant to Occupations Code §801.508;(C) future denial of any type of license issued by the Board for which the person may otherwise be eligible;(D) referral to any jurisdiction in which the person is currently licensed; and(E) referral to an appropriate law enforcement agency.(2) A Texas veterinarian who signs an application for a temporary veterinary license agreeing to provide general supervision of the applicant's practice of veterinary medicine for the duration of the temporary veterinary license is subject to discipline if the Texas veterinarian fails to provide such supervision.", "sourceNote": "Source Note: The provisions of this §571.15 adopted to be effective September 24, 2018, 43 TexReg 6282; amended to be effective November 7, 2021, 46 TexReg 7405." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174431", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "A", "label": "GENERAL" }, "rule": { "number": "§571.17", "label": "Expedited and Alternative Licensure Procedure for Military" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167023", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For any military service member, military veteran, or military spouse, as defined under Texas Occupations Code §55.001, the Board shall issue a license if the military service member, military veteran, or military spouse is not subject to denial of license as provided in Texas Occupations Code §801.401 and §801.402 and has not surrendered his or her Texas license in lieu of disciplinary action in the last five years, and held a Texas license within the last five years or holds a current license issued by another jurisdiction that has the following licensure requirements:(1) Veterinary licensure:(A) at least a passing score on:(i) the NAVLE if an applicant sits for that examination subsequent to its inauguration date; or(ii) the national examination if an applicant sat for that examination prior to the inauguration date of the NAVLE; and(B) is a graduate of a school or college of veterinary medicine.(2) Equine Dental Provider licensure:(A) certified by International Association of Equine Dentists or other Board-approved entity; and(B) equine dental providers work only under supervision by a veterinarian licensed in the jurisdiction.(3) Licensed Veterinary Technician licensure:(A) at least a passing score on the VTNE; and(B) graduate of Veterinary Technician Program.(b) A license issued under this section is valid for 12 months from the date the license is issued. When a license issued under this section expires, the licensee must submit information showing that he or she has met all requirements for regular licensure.(c) The terms military service member, military veteran, and military spouse are as defined in Chapter 55, §55.001, of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §571.17 adopted to be effective May 4, 2014, 39 TexReg 3421; amended to be effective November 22, 2015, 40 TexReg 8022." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167023", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "EXAMINATIONS" }, "rule": { "number": "§571.21", "label": "Application for the SBE, LVTE, and EDPE" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167024", "queryAsDate": "03/11/2026" }, "ruleBody": "The applicant for either the SBE, LVTE, or the EDPE shall apply on the appropriate form furnished by the Board. The completed application, including the completion of any terms and conditions as set forth by a Board order and the payment of appropriate fees, must be received at the Board offices no later than 45 days prior to the date of the examination for which the applicant desires to sit.", "sourceNote": "Source Note: The provisions of this §571.21 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4421; amended to be effective May 4, 2014, 39 TexReg 3421." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167024", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "EXAMINATIONS" }, "rule": { "number": "§571.23", "label": "National Licensing Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167025", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Results of National Board Examinations. The Board will accept certified scores issued by the:(1) American Association of Veterinary State Boards (AAVSB), or its successor, for the national examination or the VTNE; and(2) the official reporting service for the NAVLE.(b) Score Information. All requests for information on examination scores shall be processed as follows:(1) All requests from other state licensing boards for an applicant's raw scores on the VTNE, the national examination or NAVLE will be referred to the official reporting service for those examinations.(2) All requests from other state licensing boards for an applicant's locally derived scale scores on the VTNE, the national examination or NAVLE will be based upon national data submitted by the official reporting service for those examinations.(3) Upon written request of an applicant, the Board will certify the score of the SBE or LVTE to another state licensing board. Upon written request of an applicant, the Board will make LVTE, national examination or NAVLE scores available for informational purposes only to another state licensing board but will not certify the scores.(4) The Board will not disclose any actual examination documents or materials.", "sourceNote": "Source Note: The provisions of this §571.23 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4421; amended to be effective May 4, 2014, 39 TexReg 3422." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167025", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "EXAMINATIONS" }, "rule": { "number": "§571.25", "label": "Reapplication for SBE, LVTE, and EDPE" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "153645", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for either the SBE, LVTE, or EDPE must submit a new application and the current fees at least 45 days prior to the date of the examination for which the applicant desires to sit, if the applicant:(1) does not appear for the scheduled examination; or(2) fails to attain a passing score on the scheduled examination.(b) The Board shall refund the examination fee for either the SBE, LVTE, or EDPE if the applicant:(1) provides notice of not less than fourteen (14) days before the date of the examination, that the applicant is unable to take the examination; or(2) is unable to take the examination because of an emergency.(c) For purposes of subsection (b)(2) of this section, an \"emergency\" shall be defined as any immediate, unforeseen event that would render a person unable or unfit to take an examination, and may include a death in the family or an injury or other event that could be reasonably considered to be an emergency. Matters of inconvenience or failure to satisfy an examination prerequisite, shall not be considered an emergency.", "sourceNote": "Source Note: The provisions of this §571.25 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4421; amended to be effective May 4, 2014, 39 TexReg 3422." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "153645", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "B", "label": "EXAMINATIONS" }, "rule": { "number": "§571.27", "label": "Disability Accommodations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151785", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board will evaluate all requests for examination protocol modifications to determine whether the applicant:(1) has a disability, as defined by the Americans with Disabilities Act of 1990 (ADA); and(2) is qualified for protection under Title II of the ADA. Such modifications must maintain the security of the examination. Exam modifications that fundamentally alter the nature or security of the exam are not permitted. Qualified individuals with disabilities are required to request reasonable accommodations every time they apply to take an examination, by the deadline for submission of disability accommodation requests as set out in the schedule on the Board website.(b) To request a modification of examination protocol on the basis of a disability, an applicant shall complete the ADA Accommodations Request Form available on the Board website, and submit documentation providing evidence of a substantial current limitation to physical or academic functioning. A prior history of accommodations, without demonstration of a current need, will not necessarily warrant approval of testing modifications.(1) Documentation for all disabilities shall describe the specific diagnosed disability, the extent of the disability, the criteria for the diagnosis, the type and length of treatment and the recommended accommodation.(2) The diagnosed disability must be specific. Terms such as \"problems,\" \"deficiencies,\" \"weaknesses,\" \"differences,\" and \"learning disabilities\" are not the equivalent of a specific diagnosed disability.(3) Documentation must state the specific requested accommodation. \"Extended time\" or \"unlimited time\" is not sufficient. Documentation shall indicate why specific accommodations are needed and how the effects of the specific disability are mediated by the recommended accommodations.(4) Documentation must state any medication that the applicant is currently taking that is directly linked to the disability and any effect that medication may have relating to the major life activity affected by the disability.(5) Documentation can include, but is not limited to, clinical evaluations performed by a licensed or qualified professional (e.g., physician or psychologist) who has conducted an examination of the applicant and has diagnosed a physical or mental impairment. Clinical evaluations can include, but are not limited to, a letter or detailed report from an evaluating professional on the evaluating professional's official letterhead. If submitting a clinical evaluation, an applicant shall also submit the examining professional's area of specialization and professional credentials, including any relevant certification and licensure.(6) Documentation shall not be older than three years from the date of submission.(7) All medical records provided to the Board are confidential under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).(c) The entity giving the examination (i.e., TBVME or NBVME) shall be responsible for reviewing and determining whether to grant disability accommodation requests. Once accommodations have been granted, they may not be altered during the examination unless prior approval of the Executive Director is obtained.", "sourceNote": "Source Note: The provisions of this §571.27 adopted to be effective November 20, 2011, 36 TexReg 7666." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151785", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "C", "label": "RECIPROCAL LICENSING AGREEMENTS" }, "rule": { "number": "§571.31", "label": "Reciprocal Licensing Agreements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151786", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board shall not accept applications for licensure under any former reciprocal licensing agreements with any state, nor shall the Board license by endorsement.", "sourceNote": "Source Note: The provisions of this §571.31 adopted to be effective May 29, 2011, 36 TexReg 3187." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151786&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151786", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.51", "label": "Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151788", "queryAsDate": "03/11/2026" }, "ruleBody": "Application for license renewals shall be on forms furnished by the board. Failure to complete the application in its entirety will be grounds to reject the application which will be returned to the applicant.", "sourceNote": "Source Note: The provisions of this §571.51 adopted to be effective May 29, 2011, 36 TexReg 3187." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151788&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151788", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.53", "label": "Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167026", "queryAsDate": "03/11/2026" }, "ruleBody": "The Registration Exemption Certification is to be completed by all veterinarians claiming active military or retiree status. Upon completion of the certification, the registration fee will be waived for that registration period.", "sourceNote": "Source Note: The provisions of this §571.53 adopted to be effective May 29, 2011, 36 TexReg 3187." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167026", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.54", "label": "Retired Veterinary License Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Retirement\" means the voluntary and permanent conclusion of a veterinary licensee's practice of veterinary medicine.(b) A veterinarian may not retire his license if he is currently the subject of an open complaint investigation or a contested case.(c) If a veterinary licensee retiring for the first time requests reinstatement of his license in the same renewal year in which he retired, the licensee must:(1) pay the annual renewal fee plus a $25 administrative processing fee to reinstate the license; and(2) comply with the following continuing education requirements:(A) If a retired veterinary licensee has maintained an annual average of 17 hours of approved continuing education, no additional continuing education hours will be required.(B) If a retired veterinary licensee has maintained an annual average of less than 17 hours of approved continuing education, the retired licensee must complete 34 hours of continuing education in the twelve months immediately following reinstatement.(d) If a veterinary licensee has been retired for longer than one renewal period, the retired veterinary licensee may reinstate the license by:(1) petitioning the Board in writing for reinstatement and completing an examination for reinstatement application with supporting documentation and fees; and(2) submitting to reexamination and complying with all requirements for obtaining an original license. At the discretion of the Board, the petitioner may be required to take and pass the NAVLE prior to applying for and taking the SBE.(e) By no later than 30 days before the end of the current renewal year in which a licensee's veterinary license is retired for the first time, the Board shall inform the retired veterinary licensee that he or she may:(1) apply to reinstate the license in accordance with subsection (d) of this section; or(2) remain in retired status.(f) The retired veterinary licensee shall notify the Board of his or her decision by no later than the end of the current renewal year in which the licensee's veterinary license is retired for the first time.(g) If the retired veterinary licensee decides to remain in retired status, he or she will no longer receive license renewal notices and will not be required to renew his or her retired veterinary license.", "sourceNote": "Source Note: The provisions of this §571.54 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4422; amended to be effective May 4, 2014, 39 TexReg 3422." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174432", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.55", "label": "Delinquent Letters" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174433", "queryAsDate": "03/11/2026" }, "ruleBody": "The executive director shall prepare monthly delinquency letters addressed to all licensees, who are delinquent for the renewal year ending that month, on the 10th calendar day after the end of each month. A one-year delinquency letter shall be mailed to each delinquent licensee. Once a licensee is delinquent for one year, his/her license is cancelled.", "sourceNote": "Source Note: The provisions of this §571.55 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4422; amended to be effective November 22, 2015, 40 TexReg 8023." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174433", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.56", "label": "Military Service Fee Waiver" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165081", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The license and examination fees are waived for a licensee that can prove that he or she is:(1) a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for a license from the Board; or(2) a military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for a license from the Board.(b) No late fee is assessed for failing to timely renew a licensee if such failure is due to the licensee serving as a military service member.(c) The terms military service member, military veteran, and military spouse are as defined in Chapter 55, §55.001, of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §571.56 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4422; amended to be effective November 22, 2015, 40 TexReg 8023." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165081&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165081", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.57", "label": "Application of Monetary Funds to Outstanding Balances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "151793", "queryAsDate": "03/11/2026" }, "ruleBody": "When a person pays monetary funds to the Board to renew a license, the monetary funds paid shall first be applied to any outstanding unpaid fees, assessed costs owed by that person from a final Board order, as authorized under §575.10 of this title (relating to Costs of Administrative Hearings), or administrative penalties owed from a final Board order, as authorized under §573.62(b) of this title (relating to Violation of Board Orders/Negotiated Settlements).", "sourceNote": "Source Note: The provisions of this §571.57 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective December 23, 2013, 38 TexReg 9364." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=151793&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "151793", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.58", "label": "Application Form and Photograph" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178144", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant for license reinstatement must make application in the form of an affidavit on a form furnished by the board and shall be required to attach to said application a permanent-type, current photograph of the applicant.", "sourceNote": "Source Note: The provisions of this §571.58 adopted to be effective May 29, 2011, 36 TexReg 3187." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178144&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178144", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.59", "label": "Expired Veterinary Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178145", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian's license expires on the first day of the month following his/her birth month and is considered delinquent. Within 90 days of the last day of the month of a licensee's birth month, a licensee must renew an unexpired license, in writing, by paying the required fee and furnishing all information required by the Board for renewal.(b) A veterinary licensee who has failed to renew his or her license for a period of one year or more and wishes to reinstate the license may be required to appear before the Board to explain why the licensee allowed the license to expire and the licensee's reasons for wanting it reinstated. Subject to subsections (c) and (d) of this section, the licensee must take and pass the SBE and comply with §571.3 of this title (relating to Criminal History Evaluation Letters).(c) A military spouse, military veteran, or military service member, as defined by Chapter 55, §55.001, of the Texas Occupations Code, who has failed to renew his or her Texas license for a period of one year or more may receive a license in accordance with §571.17 of this title (relating to Expedited and Alternative Licensure Procedure for Military) if the military spouse, military veteran, or military service member meets the requirements of §571.17.(d) A licensee who has failed to renew his or her license for a period of one year or more may reinstate the licensee's expired license without taking and passing the SBE if the licensee:(1) previously had a Texas license and lived and/or practiced in Texas;(2) moved to another state and is licensed and practices in that state;(3) has been practicing in the other state during the past two years preceding application for reinstatement in Texas;(4) intends to return to and practice in Texas;(5) furnishes a letter of good standing from all states where the licensee is currently licensed; and(6) submits a complete application for license reinstatement within two years of the date the license expired and could not be renewed.(e) A veterinary licensee who has failed to renew his or her license for a period of one year or more, shall have his or her license cancelled.", "sourceNote": "Source Note: The provisions of this §571.59 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4423; amended to be effective November 22, 2015, 40 TexReg 8023; amended to be effective June 14, 2016, 41 TexReg 4258." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178145&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178145", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.60", "label": "Expired Licenses for Licensed Veterinary Technicians and Equine Dental Providers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195218", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensed veterinary technician and equine dental provider licenses expire on the first day of the month after his/her birth month and are considered delinquent. Within 90 days of the last day of a licensee's birth month, a licensee must renew an unexpired license, in writing, by paying the required fee and furnishing all information required by the Board for renewal.(b) A licensed veterinary technician or an equine dental provider licensee, who has failed to renew his or her license for a period of one year or more and wishes to reinstate the license, may be required to appear before the Board to explain why the licensee allowed the license to expire and the licensee's reasons for wanting it reinstated. The licensee must take and pass the LVTE or the EDPE, as appropriate for his or her license.(c) A military spouse, military veteran, or military service member, as defined by Chapter 55, §55.001, of the Texas Occupations Code, who has failed to renew his or her license for a period of one year or more may receive a license in accordance with §571.17 of this title (relating to Expedited and Alternative Licensure Procedure for Military) if the military spouse, military veteran, or military service member meets the requirements of §571.17.(d) A licensed veterinary technician or equine dental provider licensee, who had failed to renew his or her license for a period of one year or more, shall have his or her license cancelled.", "sourceNote": "Source Note: The provisions of this §571.60 adopted to be effective June 19, 2012, 37 TexReg 4423; amended to be effective May 4, 2014, 39 TexReg 3423; amended to be effective November 22, 2015, 40 TexReg 8024; amended to be effective June 14, 2016, 41 TexReg 4258." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195218&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195218", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.61", "label": "Inactive License Status" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156727", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application. A licensee may request his/her license be placed on inactive status, whether or not he/she is practicing within the State of Texas, provided:(1) his or her current license is active and is in good standing; and(2) a request in writing, on the form prescribed by the Board, is made for his or her license to be placed on official inactive status.(b) Restrictions. The following restrictions shall apply to veterinary licensees whose licenses are on inactive status:(1) Except as provided in §801.004, Texas Occupations Code, the licensee may not engage in the practice of veterinary medicine or otherwise provide treatment to any animal in the State of Texas.(2) If the licensee possesses or obtains a federal Drug Enforcement Administration (DEA) controlled substances registration for a Texas location, the licensee must comply with §573.43 and §573.50 of this title (relating to Controlled Substances Registration and Controlled Substances Records Keeping for Drugs on Hand, respectively).(c) Return to Active Status. A licensee on inactive status wishing to practice within the State of Texas must receive written approval from the Board prior to returning to active status. In addition to other information which may be requested or required by the Board, the following conditions apply to licensees applying to return to active status.(1) A licensee who is licensed and practicing in another state or jurisdiction must prove he or she is in good standing in that state or jurisdiction.(2) A licensee on inactive status must pay the reactivation fee set by the Board. The regular annual renewal fee shall not be prorated for applications to return to active status made after the annual renewal period.(d) Continuing Education Requirements.(1) If a licensee on inactive status requesting a return to regular license status has maintained an annual average equal to the number of continuing education hours required annually for renewal of the license, not including any portion of the reactivation year, the licensee will be placed on regular license status without any additional requirements. If the average annual continuing education is less than the number of hours required annually for renewal of the license, the licensee will be placed on regular license status but must complete twice as many continuing education hours as is required to renew the license in the twelve months immediately following the licensee's attaining of regular license status.(2) For the year of reactivation, proof of continuing education shall not be required for an active license renewal in the year following reactivation.(3) For purposes of this subsection, the terms \"year\" and \"annual\" mean the renewal year.(e) Annual Renewal Fees. The annual fee for a license on inactive status shall be as set by the Board in §577.15 of this title (relating to Fee Schedule).", "sourceNote": "Source Note: The provisions of this §571.61 adopted to be effective May 29, 2011, 36 TexReg 3187; amended to be effective June 19, 2012, 37 TexReg 4424; amended to be effective May 4, 2014, 39 TexReg 3423; amended to be effective November 22, 2015, 40 TexReg 8024; amended to be effective September 24, 2018, 43 TexReg 6283; amended to be effective May 12, 2019, 44 TexReg 2266." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156727", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.63", "label": "Default on Student Loan" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156728", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Denial. The Board may deny an application for a license if it receives information from an administering entity that the applicant has defaulted on a student loan or has breached a student loan repayment contract by failing to perform his or her service obligation under the contract. The Board may rescind a denial under this subsection upon receipt of information from an administering entity that the applicant whose application was denied is now in good standing.(b) Renewal.(1) The Board shall not renew a license of a licensee who is in default of a student loan or a repayment agreement except as provided in paragraph (2) of this subsection.(2) For a licensee in default of a loan or repayment agreement, the Board shall renew the license if the licensee presents to the board a certificate certifying that:(A) the licensee has entered into a repayment agreement on the defaulted loan; or(B) the licensee is not in default on the loan or on the repayment agreement.", "sourceNote": "Source Note: The provisions of this §571.63 adopted to be effective June 19, 2012, 37 TexReg 4425." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156728", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "571", "label": "LICENSING" }, "subchapter": { "number": "D", "label": "LICENSE RENEWALS" }, "rule": { "number": "§571.65", "label": "Default on Child Support" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "61931", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board shall suspend and/or deny a renewal of a license upon receipt of a final order suspending a license under Chapter 232 of Texas Family Code for failure to pay child support and/or where the Office of the Attorney General has notified the Board to suspend and/or not renew a license for failure to pay child support.", "sourceNote": "Source Note: The provisions of this §571.65 adopted to be effective June 19, 2012, 37 TexReg 4425." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=61931&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "61931", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROFESSIONAL ETHICS" }, "rule": { "number": "§573.1", "label": "Avoidance of Conflicting Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167029", "queryAsDate": "03/11/2026" }, "ruleBody": "A veterinarian shall not represent conflicting interests, except by express consent of all concerned given after a full disclosure of the facts. A veterinarian represents conflicting interests if, when employed by a buyer to inspect an animal for soundness, the veterinarian accepts a fee from the seller. Acceptance of a fee from both the buyer and seller is prima facie evidence of fraud.", "sourceNote": "Source Note: The provisions of this §573.1 adopted to be effective March 9, 1988, 13 TexReg 1026; amended to be effective March 1, 1999, 24 TexReg 1385." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167029", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROFESSIONAL ETHICS" }, "rule": { "number": "§573.2", "label": "Avoidance of Encroachment on Another's Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156628", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee may not make any effort, direct or indirect, which in any manner is calculated to influence the sound professional judgment of another licensee. It is the right of any licensee, without fear or favor, to give proper advice to those seeking relief against substandard or neglectful veterinary or equine dentistry services, to make a complaint to the Board, or to act as a witness in a Board investigation or a contested hearing. A licensee who makes a complaint against another licensee that is groundless and brought in bad faith, for the purpose of harassment, retaliation, or for any other improper purpose shall be in violation of this rule.", "sourceNote": "Source Note: The provisions of this §573.2 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2014, 39 TexReg 3424." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156628&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156628", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROFESSIONAL ETHICS" }, "rule": { "number": "§573.3", "label": "Exposure of Corrupt or Dishonest Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174437", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees shall expose without fear or favor before the proper tribunal or the State Board of Veterinary Medical Examiners corrupt or dishonest conduct by other licensees.", "sourceNote": "Source Note: The provisions of this §573.3 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174437", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROFESSIONAL ETHICS" }, "rule": { "number": "§573.4", "label": "Adherence to the Law" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172201", "queryAsDate": "03/11/2026" }, "ruleBody": "No licensee shall commit any act that is in violation of the laws of the State of Texas, other states, or of the United States, if the act is connected with the licensee's professional practice, including, but not limited to, the acts enumerated in §575.50(f) of this title (relating to Criminal Convictions). A complaint, indictment, or conviction of a law violation is not necessary for the enforcement of this rule. Proof of the commission of the act while in the practice of, or under the guise of the practice of, either veterinary medicine or equine dentistry, is sufficient for action by the Board under this rule.", "sourceNote": "Source Note: The provisions of this §573.4 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective November 22, 2015, 40 TexReg 8025." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172201", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROFESSIONAL ETHICS" }, "rule": { "number": "§573.5", "label": "Avoidance of Corruption of Others" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156631", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall not render any service or advice directed toward the corruption of any person or persons exercising a public office or private trust, or deception, or betrayal of the public. A licensee shall not harass, discriminate against, or otherwise retaliate against a complainant or witness to a complaint, including but not limited to another licensee who provides information or an opinion in the matter.", "sourceNote": "Source Note: The provisions of this §573.5 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2015, 40 TexReg 2418." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156631&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156631", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROFESSIONAL ETHICS" }, "rule": { "number": "§573.6", "label": "Restriction of Partnerships to Members of Veterinary Profession" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174438", "queryAsDate": "03/11/2026" }, "ruleBody": "In the formation of partnerships for the practice of veterinary medicine, no person shall be admitted as a partner who is not a member of the veterinary profession, duly authorized to practice, and amenable to professional discipline. No person shall be held out as a practitioner of veterinary medicine or a member of the firm who is not so admitted. In the selection and use of a firm name, no false or misleading name shall be used. Partnerships between veterinarians and members of other professions or nonprofessional persons shall not be formed or permitted if a part of the partnership employment consists of the practice of veterinary medicine.", "sourceNote": "Source Note: The provisions of this §573.6 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174438", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROFESSIONAL ETHICS" }, "rule": { "number": "§573.7", "label": "No Abuse of Position or Trust" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156633", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any licensee who uses present or past position, or office of trust, deliberately to create an individual professional advantage, or to coerce, or to deceive the public shall be in violation of the rules of professional conduct.(b) A licensee may not influence, or attempt to influence, the statement, response, or opinion of any person, licensed or unlicensed, to the Board if the Board has requested the statement or opinion.(c) A licensee may not request or require a client or another person to waive his or her right to file a complaint with the Board.", "sourceNote": "Source Note: The provisions of this §573.7 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective November 22, 2015, 40 TexReg 8025." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156633&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156633", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROFESSIONAL ETHICS" }, "rule": { "number": "§573.8", "label": "Loss of Accreditation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168972", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee whose accreditation or license has been revoked or suspended by a state or federal authority is subject to disciplinary action by the Board. A licensee must report any accreditation, licensure, certification, or registration revocation or suspension to the Board within 30 business days.", "sourceNote": "Source Note: The provisions of this §573.8 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168972", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "A", "label": "GENERAL PROFESSIONAL ETHICS" }, "rule": { "number": "§573.9", "label": "Nonresident Consultants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179474", "queryAsDate": "03/11/2026" }, "ruleBody": "Veterinarians licensed in other states may enter the State of Texas, whether in person, by mail, or by electronic means, for purposes of consultation. Nonresident consultants may not establish a routine visit schedule of consultations in Texas. Consultants must, at all times, consult under the general supervision of a Texas veterinarian.", "sourceNote": "Source Note: The provisions of this §573.9 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective September 3, 2014, 39 TexReg 6860." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179474", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.10", "label": "Supervision of Non-Veterinarians" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167031", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) With appropriate supervision and after establishing a veterinarian-client-patient relationship, a veterinarian may delegate veterinary care and treatment duties to non-veterinarian employees, or to the following independent contractors:(1) licensed equine dental providers, in accordance with §573.19 of this title (relating to Dentistry); or(2) individuals performing any form of musculoskeletal manipulation, including but not limited to animal chiropractic, in accordance with §573.14 of this title (relating to Alternate Therapies--Chiropractic and Other Forms of Musculoskeletal Manipulation).(b) A veterinarian shall determine when general, direct, or immediate supervision of a non-veterinarian's actions is appropriate, except where such actions of the non-veterinarian may otherwise be prohibited by law. A veterinarian shall consider whether the individual is licensed by the Board, as well as the level of training and experience of the non-veterinarian, when determining the level of supervision and duties of non-veterinarians.(c) A veterinarian is subject to discipline if he or she improperly delegates care and/or treatment duties to a non-veterinarian, or fails to properly supervise the non-veterinarian performing delegated duties.(d) When feasible, a veterinarian may delegate greater responsibility to a licensed veterinary technician than to an unlicensed person.(1) Veterinary supervision of licensed veterinary technicians:(A) Under the direct or immediate supervision of a veterinarian, a licensed veterinary technician may:(i) suture to close existing surgical skin incisions and skin lacerations;(ii) induce anesthesia; and(iii) in dogs and cats, extract loose teeth or dental fragments with minimal periodontal attachments by hand and without the use of an elevator.(B) Except where otherwise prohibited by law, under general veterinary supervision, a licensed veterinary technician may:(i) draw blood; and(ii) take samples for purposes of testing and diagnosis.(2) Veterinary supervision of unlicensed employees:(A) Under the immediate supervision of a veterinarian, an unlicensed employee of a veterinarian may:(i) suture to close existing surgical skin incisions and skin lacerations; and(ii) induce anesthesia.(B) An unlicensed employee of a veterinarian may perform other tasks assigned by the supervising veterinarian under a level of supervision determined by the supervising veterinarian.(C) An unlicensed employee may not, under any level of veterinary supervision, extract loose teeth or dental fragments from a dog or cat.(e) Under the immediate supervision of a licensed veterinary technician, an unlicensed employee of a veterinarian may:(1) suture to close existing skin incisions and skin lacerations;(2) induce anesthesia;(3) draw blood;(4) take samples for the purpose of testing and diagnosis and;(5) perform other tasks in veterinary medicine, not otherwise prohibited by other subsections of this section or other laws, as assigned by the supervising veterinarian and according to a protocol established by the supervising veterinarian.(f) A non-veterinarian shall not perform the following health care services:(1) surgery;(2) invasive dental procedures except as allowed for licensed equine dental providers under §573.19 of this title, and as allowed for licensed veterinary technicians under subsection (d)(1)of this section;(3) diagnosis and prognosis of animal diseases and/or conditions;(4) prescribing drugs and appliances; or(5) initiation of treatment without prior instruction by a veterinarian, except in an emergency without expectation of compensation.(g) Euthanasia may be performed by a non-veterinarian only under the immediate supervision of a veterinarian.(h) A non-veterinarian may administer a rabies vaccine only under the direct supervision of a veterinarian, and only after the veterinarian has properly established a veterinarian-client-patient relationship.(i) The use of a veterinarian's signature stamp or electronic signature pad on an official health document by a non-veterinarian shall be authorized only under the direct supervision of the vaccinating veterinarian.(j) Exception for Emergency Care. In an emergency situation where prompt treatment is essential for the prevention of death or alleviation of extreme suffering, a veterinarian may, after determining the nature of the emergency and the condition of the animal, issue treatment directions to a non-veterinarian by means of telephone, electronic mail or messaging, radio, or facsimile communication and not be in violation of §801.351 of the Act. However, the Board may take action against a veterinarian if, in the Board's sole discretion, the veterinarian uses this authorization to circumvent this rule. The veterinarian assumes full responsibility for such treatment. However, nothing in this rule requires a veterinarian to accept an animal treated under this rule as a patient under these circumstances.(k) Exception for Care of Hospitalized Animals. A non-veterinarian may, in the absence of direct supervision, follow the oral or written treatment orders of a veterinarian who is caring for a hospitalized animal, so long as the veterinarian has examined the animal(s)and a valid veterinarian-client-patient relationship exists.", "sourceNote": "Source Note: The provisions of this §573.10 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 25, 2012, 37 TexReg 9935; amended to be effective August 29, 2013, 38 TexReg 5486; amended to be effective May 4, 2014, 39 TexReg 3424; amended to be effective December 22, 2014, 39 TexReg 10016; amended to be effective August 22, 2016, 41 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167031&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167031", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.11", "label": "Responsibility for Unlicensed Employees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192241", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian shall be responsible for any acts a non-veterinarian employee commits within the scope of the employee's employment.(b) A licensed veterinary technician supervising an unlicensed employee of a veterinarian shall be responsible for any acts committed by that unlicensed employee of a veterinarian related to the practice of veterinary medicine.(c) If a licensed veterinary technician acting under supervision of a veterinarian violates a law, regulation or board rule, both the veterinarian and the licensed veterinary technician are subject to discipline by the Board.", "sourceNote": "Source Note: The provisions of this §573.11 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2014, 39 TexReg 3426." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192241", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.12", "label": "Responsibility for Licensure of Licensed Persons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167033", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian who employs and/or supervises another veterinarian practicing veterinary medicine shall assure that the person is:(1) actively licensed; and(2) meets the requirements of §573.43 of this title (relating to Controlled Substances Registration) for registration with the federal Drug Enforcement Administration (DEA).(b) A veterinarian who employs and/or supervises an equine dental provider or a licensed veterinary technician shall ensure that each licensee is actively licensed.", "sourceNote": "Source Note: The provisions of this §573.12 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2014, 39 TexReg 3426; amended to be effective September 24, 2018, 43 TexReg 6283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167033", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.13", "label": "Delegation and Supervision Relating to Official Health Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179475", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian must personally sign any official health documents issued by the veterinarian, and/or any official health documents for which the veterinarian has received compensation, regardless of whether said compensation is ultimately refunded, provided, however, that rabies certificates may be authenticated by either:(1) the veterinarian's personal signature; or(2) the use of a signature stamp or electronic signature by a non-licensed employee under direct supervision of the veterinarian.(b) The issuance of any pre-signed or pre-stamped official health documents by a veterinarian is prohibited.(c) Unless otherwise prohibited by law, and except as provided in subsection (d) of this section, a veterinarian may permit a non-licensed employee under the veterinarian's direct supervision, or under the immediate supervision of a licensed veterinary technician, to collect samples from animals for official tests.(d) A person approved by the Texas Animal Health Commission (TAHC) and under the general supervision of a TAHC approved veterinarian may perform testing for brucellosis at a livestock market or collect blood samples on animals to be consigned directly from the ranch to slaughter and submit them to the state/federal laboratory for brucellosis testing.", "sourceNote": "Source Note: The provisions of this §573.13 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2014, 39 TexReg 3426." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179475", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.14", "label": "Alternate Therapies--Chiropractic and Other Forms of Musculoskeletal Manipulation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179476", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. For the purpose of this rule, animal chiropractic and other forms of musculoskeletal manipulation (MSM) are systems of therapeutic application of mechanical forces applied manually through the hands or any mechanical device to treat and/or alleviate impaired or altered function of related components of the musculoskeletal system of nonhuman animals. Animal chiropractic and other forms of MSM in nonhuman animals are considered to be alternate therapies in the practice of veterinary medicine.(b) Treatment using animal chiropractic and other forms of MSM. Animal chiropractic and other forms of MSM may only be performed by the following.(1) A licensed veterinarian. Animal chiropractic and MSM may be performed by a licensed veterinarian under the following conditions:(A) a valid veterinarian-client-patient relationship has been established as defined in the Act;(B) an examination has been made by the licensee to determine that animal chiropractic/MSM will not likely be harmful to the patient; and(C) the licensee obtains as a part of the patient's permanent record a signed acknowledgment by the owner or other caretaker of the patient that animal chiropractic or MSM is considered by Texas law to be an alternate therapy.(2) A non-veterinarian employee or an independent contractor. A non-veterinarian employee or an independent contractor may perform these procedures on an animal under the direct or general supervision of the veterinarian if the conditions in paragraph (1)(A) - (C) of this subsection have been met.(3) An individual to whom the exceptions of the Act, §801.004, apply.(c) Responsibility. Whether the animal chiropractic/MSM is performed by a veterinarian or a non-veterinarian employee or an independent contractor working under the supervision of a licensee, the Board will hold the veterinarian to a level of professional judgment as would be exercised by the average Texas veterinarian who performs or recommends chiropractic/MSM treatments in his/her practice.", "sourceNote": "Source Note: The provisions of this §573.14 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 29, 2013, 38 TexReg 5486; amended to be effective May 4, 2014, 39 TexReg 3427; amended to be effective August 22, 2016, 41 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179476", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.15", "label": "Use of Ultrasound in Diagnosis or Therapy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156641", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Ultrasound--Mechanical radiant energy with a frequency greater than 20 kilocycles per second.(2) Ultrasonics--That part of the science of acoustics dealing with the frequency range beyond the upper limit of perception by the human ear, but usually restricted to frequencies above 500 kilocycles per second.(3) Ultrasonic radiation--The effect of ultrasound which is injurious to tissues because of its thermal effects when absorbed by living matter.(4) Ultrasound therapy--Controlled doses of ultrasound used therapeutically to selectively break down pathologic tissues, as in treatment of arthritis and lesions of the nervous system.(5) Diagnostic ultrasound--Ultrasound images used as a diagnostic aid by visually displaying echoes received from irradiated tissues.(6) Ultrasonography--The visualization of deep structures of the body by recording the reflections of pulses of ultrasonic waves directed into the tissues.(b) Use of ultrasound for diagnosis or therapy of animals. The use of ultrasound in animals to diagnose any condition or for any therapeutic purpose is the practice of veterinary medicine and shall only be performed by a licensed veterinarian or under the general supervision of a licensed veterinarian.(c) Use of ultrasound by persons who are not licensed veterinarians.(1) For diagnostic purposes. A person who is not a licensed veterinarian may perform ultrasonography on an animal for diagnostic purposes only if: the person administering the ultrasound is doing so at the request of a licensed veterinarian; the veterinarian has established a veterinarian-client-patient relationship; and it is the veterinarian who uses the ultrasonography to make a diagnosis.(2) For therapeutic purposes. A person who is not a licensed veterinarian may perform ultrasonography on an animal for therapeutic purposes only if a veterinarian has: established a veterinarian-client-patient relationship; made a diagnosis; prescribed ultrasonics as a treatment; and the person administering the ultrasound is doing so at the specific request of a licensed veterinarian.(d) Prohibited acts. Any person who uses ultrasound on animals in a manner inconsistent with this rule shall be in violation of this rule and the Texas Veterinary Licensing Act.", "sourceNote": "Source Note: The provisions of this §573.15 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 22, 2016, 41 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156641&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156641", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.16", "label": "Alternate Therapies--Acupuncture" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156642", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. For the purpose of this rule, acupuncture is:(1) the insertion of an acupuncture needle and the application of moxibustion to specific areas of a non-human animal's body to relieve the discomfort associated with painful disorders, to induce surgical anesthesia, and for therapeutic purposes; and(2) the administration of thermal or electrical treatments or the recommendation of dietary guidelines, energy flow exercise, or dietary or herbal supplements in conjunction with the treatment described by paragraph (1) of this subsection. Acupuncture in non-human animals is considered to be an alternate therapy in the practice of veterinary medicine.(b) Use of Acupuncture in the treatment of animals. Only licensed veterinarians may use acupuncture in the care and medical treatment of animals. No veterinarian may allow a non-veterinarian employee or other agent to perform acupuncture in the treatment of an animal patient.(c) Client Consent Required. Before acupuncture may be used in the treatment of an animal, the veterinarian must obtain a signed statement from the animal's owner or caretaker acknowledging that acupuncture is an alternate therapy in veterinary medicine and approving its use in the treatment of the animal. Before signing the statement, the veterinarian shall inform the client of the conventional treatments available and their probable ability to cure the problem. The statement shall become a permanent part of the patient's record.(d) Standard Used in Determining Appropriate Use of Acupuncture. If the Board receives a complaint against a licensee about treatment involving the use of acupuncture, investigation of the complaint may include opinions from other licensees who use acupuncture in their treatment of animals. However, veterinarians who practice acupuncture shall exercise the same degree of humane care, skill, and diligence in treating patients as are ordinarily used in the same or similar circumstances by average members of the veterinary medical profession in good standing in the locality or community, or in similar locations or communities, in which they practice.(e) Other Board Rules Not Preempted. Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine.", "sourceNote": "Source Note: The provisions of this §573.16 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156642&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156642", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.17", "label": "Alternate Therapies--Holistic Medicine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156643", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. For the purpose of this rule, holistic medicine means: the practice of veterinary medicine that believes in a blend of alternative and, if need be, conventional approaches of treatment in an effort to develop a system of complementary medicine to treat the whole patient. In practice, it incorporates less conventional methods such as herbal medicine, acupuncture, chiropractic, homeopathy, and applied kinesiology, with more conventional methods, such as modern drugs, surgery and diagnostics. Use of holistic medicine in non-human animals is considered to be an alternate therapy in the practice of veterinary medicine.(b) Use of holistic medicine in the treatment of animals. Only licensed veterinarians may use holistic medicine in the medical treatment of animals. No veterinarian may allow a non-veterinarian employee or other agent to perform holistic medicine in the treatment of an animal patient.(c) Client Consent Required. Before holistic medicine may be used in the treatment of an animal, the veterinarian must obtain a signed statement from the animal's owner or caretaker acknowledging that holistic medicine is an alternate therapy in veterinary medicine and approving its use in the treatment of the animal. Before signing the statement, the veterinarian shall inform the client of the conventional treatments available and their probable ability to cure the problem. The signed statement shall become a permanent part of the patient's record.(d) Standard Used in Determining Appropriate Use of Holistic Medicine. If the Board receives a complaint against a licensee about treatment involving the use of holistic medicine, investigation of the complaint may include opinions from other licensees who use holistic medicine in their treatment of animals. However, veterinarians who practice holistic medicine shall exercise the same degree of humane care, skill, and diligence in treating patients as are ordinarily used in the same or similar circumstances by average members of the veterinary medical profession in good standing in the locality or community, or in similar localities or communities, in which they practice.(e) Other Board Rules Not Preempted. Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine.", "sourceNote": "Source Note: The provisions of this §573.17 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156643", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.18", "label": "Alternate Therapies--Homeopathy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167035", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. For the purpose of this rule, homeopathy is: a system of therapeutics in which diseases are treated by substances which are capable of producing in healthy animals symptoms like those of the disease to be treated, the substance being administered in minute doses. Use of homeopathic remedies in non-human animals is considered to be an alternate therapy in the practice of veterinary medicine.(b) Use of Homeopathy in the Treatment of Animals. Only licensed veterinarians may use homeopathy in the medical treatment of animals. No veterinarian may allow a non-veterinarian employee or other agent to perform homeopathy in the treatment of an animal patient.(c) Client Consent Required. Before homeopathy may be used in the treatment of an animal, the veterinarian must obtain a signed statement from the animal's owner or caretaker acknowledging that homeopathy is an alternate therapy in veterinary medicine and approving its use in the treatment of the animal. Before signing the statement, the veterinarian shall inform the client of the conventional treatments available and their probable ability to cure the problem. The signed statement shall become a permanent part of the patient's file.(d) Standard Used in Determining Appropriate Use of Homeopathy. If the Board receives a complaint against a licensee about treatment involving the use of homeopathy, investigation of the complaint may include opinions from other licensees who use homeopathy in their treatment of animals. However, veterinarians who practice homeopathy shall exercise the same degree of humane care, skill, and diligence in treating patients as are ordinarily used in the same or similar circumstances by average members of the veterinary medical profession in good standing in the locality or community, or in similar localities or communities, in which they practice.(e) Other Board Rules Not Preempted. Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine.", "sourceNote": "Source Note: The provisions of this §573.18 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167035", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "B", "label": "SUPERVISION OF PERSONNEL" }, "rule": { "number": "§573.19", "label": "Dentistry" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172202", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Dentistry, a subset of the practice of veterinary medicine, is:(1) The application or use of any instrument or device to any portion of an animal's tooth, gum or any related tissue for the prevention, cure or relief of any wound, fracture, injury or disease of an animal's tooth, gum or related tissue; and(2) Preventive dental procedures including, but not limited to, the removal of calculus, soft deposits, plaque, stains or the smoothing, filing or polishing of tooth surfaces.(b) A non-licensed person may not perform any invasive dental procedure, as defined in §573.80 of this title (relating to Definitions), and as limited by subsection (e) of this section.(c) Nothing in this regulation shall prohibit any person from utilizing cotton swabs, gauze, dental floss, dentifrice, or toothbrushes to clean an animal's teeth.(d) In dogs and cats, a licensed veterinary technician under direct or immediate supervision of a veterinarian may extract loose teeth or dental fragments with minimal periodontal attachments by hand and without the use of an elevator.(e) The following treatments may be performed to an equid by a licensed equine dental provider under general supervision by a veterinarian, and by a non-veterinarian employee under direct supervision by the veterinarian:(1) removing sharp enamel points;(2) removing small dental overgrowths;(3) rostral profiling of the first cheek teeth;(4) reducing incisors;(5) extracting loose, deciduous teeth;(6) removing supragingival calculus;(7) extracting loose, mobile, or diseased teeth or dental fragments with minimal periodontal attachments by hand and without the use of an elevator; and(8) removing erupted, non-displaced wolf teeth.", "sourceNote": "Source Note: The provisions of this §573.19 adopted to be effective December 25, 2012, 37 TexReg 9936; amended to be effective August 29, 2013, 38 TexReg 5487; amended to be effective May 4, 2014, 39 TexReg 3427." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172202", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.20", "label": "Responsibility for Acceptance of Medical Care" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156645", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The decision to accept an animal as a patient is at the sole discretion of a veterinarian. The veterinarian is responsible for determining the diagnosis and course of treatment for an animal that has been accepted as a patient and for advising the client as to the diagnosis and treatment to be provided.(b) For purposes of establishing a veterinarian-client-patient relationship under §801.351 of the Veterinary Licensing Act, Texas Occupations Code, a veterinarian can obtain sufficient knowledge of an animal by making medically appropriate and timely visits to the premises on which the animal is kept only if the animal is a member of a herd.(c) A veterinarian must inform a client when:(1) the client has specifically requested that the veterinarian diagnose and/or treat the client's animal; and(2) the veterinarian reasonably believes there is a likelihood or possibility that another veterinarian may perform some or all of the diagnosis and/or treatment of the patient.(d) Once a veterinarian-client-patient relationship has been established, a veterinarian may discontinue treatment:(1) at the request of the client;(2) after the veterinarian substantially completes the treatment or diagnostics prescribed;(3) upon referral to another veterinarian; or(4) after notice to the client providing a reasonable period for the client to secure the services of another veterinarian.(e) Once a veterinarian establishes a veterinarian-client-patient relationship and prescribes medication(s), another Texas licensed veterinarian within the same clinic or hospital who has access to the patient's current medical records may refill that same prescription(s) without a veterinary-client-patient relationship.", "sourceNote": "Source Note: The provisions of this §573.20 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 29, 2013, 38 TexReg 5487; amended to be effective May 4, 2015, 40 TexReg 2418." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156645", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.21", "label": "Direct Responsibility to Client" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172203", "queryAsDate": "03/11/2026" }, "ruleBody": "The professional services of a licensee shall not be controlled or exploited by any lay agency, personal or corporate, which intervenes between the client and the licensee. A licensee shall not allow a non-licensed person or entity to interfere or intervene with the licensee's practice; nor shall the licensee submit to such interference or intervention by a non-licensed person or entity. A licensee shall avoid all relationships which could result in interference or intervention in the licensee's practice by a non-licensed person or entity. A licensee shall be responsible for his or her own actions and is directly responsible to the client and for the care and treatment of the patient.", "sourceNote": "Source Note: The provisions of this §573.21 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172203&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172203", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.22", "label": "Professional Standard of Care" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173200", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees shall exercise the same degree of humane care, skill, and diligence in treating patients as are ordinarily used in the same or similar circumstances, including the type of practice, by average members of the veterinary medical profession in good standing in the locality or geographic community in which they practice, or in similar communities.", "sourceNote": "Source Note: The provisions of this §573.22 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2015, 40 TexReg 2419." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173200", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.23", "label": "Board Certified Specialists" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156648", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standard of Care for Specialist. Specialists are held to a higher standard of care than non-specialist veterinarians, notwithstanding §573.22 of this title (relating to Professional Standard of Care).(b) Complaints against Specialists. Board investigations of complaints alleging substandard care by a Specialist in his/her area of specialty will include consultations with one or more Specialists licensed by the Board practicing the same specialty on the species involved in the complaint. The Board, at its sole discretion, may consult with Specialists from outside of Texas. If the Board determines an informal conference is warranted, both complainant and respondent may, at their own expense, present oral or written commentary by a Specialist practicing the same specialty on the species involved in the complaint.(c) Verification of Specialist Status. Specialists must make information verifying their certification or recognition as a specialist available to the Board, Board staff, and the public. This information must be available upon request.", "sourceNote": "Source Note: The provisions of this §573.23 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 17, 2015, 40 TexReg 5153." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156648", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.24", "label": "Responsibility of Veterinarian to Refer a Case" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156649", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian shall have a duty to a client to suggest a referral to a specialist, or otherwise more qualified veterinarian, in any case where the care and treatment of the animal is beyond the veterinarian's capabilities. A veterinarian's decision on whether to accept or continue care and treatment of an animal, which may require expertise beyond the veterinarian's capabilities, shall be based on the exercise of sound judgment within the prevailing standard of care for a veterinarian faced with the same or similar circumstances.(b) Complaints Regarding Failure to Make Proper Referral. Board investigations of complaints alleging failure to properly make referrals will include evaluation of the training and experience of the veterinarian, the availability of a specialist or more qualified veterinarian, the timeliness and adequacy of information provided to the client regarding the possible need for a referral, the requests of the client, and the likelihood that an adverse result could have been prevented by a timely referral.", "sourceNote": "Source Note: The provisions of this §573.24 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156649", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.25", "label": "Issuance of Official Health Documents Through Direct Knowledge Only" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156650", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensed veterinarians in this state shall not issue any official health documents for an animal without first having personally examined the individual animal and know of their own knowledge, by actual inspection and appropriate tests, that said animal meets the requirements for the issuance of the official health document. A veterinarian is deemed to have issued and to have knowledge of any official health documents issued in the veterinarian's name, written by veterinarian's employee and/or maintained in veterinarian's patient or client files. A veterinarian shall be responsible for the security and proper use of all official certificates, forms, records and reports, and shall take reasonable care to prevent the misuse thereof. A veterinarian shall immediately report to the TBVME the loss, theft or deliberate or accidental misuse of any such certificate, form, record or report.", "sourceNote": "Source Note: The provisions of this §573.25 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156650", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.26", "label": "Avoidance of Guaranteeing Cures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206584", "queryAsDate": "03/11/2026" }, "ruleBody": "It is professionally dishonest for a licensee to guarantee a cure. A licensee must avoid bold and confident assurances to clients, especially where the licensee's employment may depend upon such assurance.", "sourceNote": "Source Note: The provisions of this §573.26 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206584&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206584", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.27", "label": "Honesty, Integrity, and Fair Dealing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194108", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees shall conduct their practice with honesty, integrity, and fair dealing.", "sourceNote": "Source Note: The provisions of this §573.27 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective November 7, 2021, 46 TexReg 7406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194108&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194108", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.28", "label": "Observance of Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179477", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian shall not violate the confidential relationship between the veterinarian and a client.(b) Except as provided in subsection (c) of this section, a veterinarian shall not disclose any information concerning the relationship between the veterinarian and the client or the veterinarian's care for an animal except:(1) on written or oral authorization or other form of waiver executed by the client;(2) for law enforcement purposes or on receipt by the veterinarian of an appropriate court order or subpoena;(3) as necessary to substantiate and collect on a debt incurred by a client for veterinary services; or(4) as part of a good faith effort to determine ownership of the animal.(c) A veterinarian may, without authorization by the client, disclose information contained in a rabies certificate or any information regarding reportable communicable diseases to a governmental entity only for purposes related to the protection of public health and safety.", "sourceNote": "Source Note: The provisions of this §573.28 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 17, 2015, 40 TexReg 5154; amended to be effective February 24, 2019, 44 TexReg 707." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179477", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "C", "label": "RESPONSIBILITIES TO CLIENTS" }, "rule": { "number": "§573.29", "label": "Complaint Information and Notice to Clients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156654", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed veterinarian or licensed equine dental provider shall provide an effective way to inform clients and other visitors to the premises, clinic or hospital of how to file complaints with the Board. The licensee must provide:(1) the following specific address: Texas State Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, Texas 78701-3942;(2) the Board's telephone number: (512) 305-7555; fax number: (512) 305-7556; and(3) a toll-free complaint information number: 1-800-821-3205.(b) Acceptable forms of providing the information in subsection (a) of this section may include a:(1) written notice form, with print size of at least 14 point, prominently displayed in the area of each clinic or hospital that is most frequented by the public;(2) brochure available in the area of each clinic or hospital that is most frequented by the public; or(3) statement on each written bill, invoice or receipt.", "sourceNote": "Source Note: The provisions of this §573.29 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 22, 2014, 39 TexReg 10017; amended to be effective August 22, 2016, 41 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156654&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156654", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "ADVERTISING, ENDORSEMENTS AND CERTIFICATES" }, "rule": { "number": "§573.30", "label": "Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156655", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee may not engage in advertising that is false, deceptive, or misleading. A false, deceptive, or misleading advertising statement or claim includes, without limitation:(1) a prediction of future success or a guarantee that satisfaction or a cure will result from the performance of the advertised professional services;(2) illegal transactions;(3) a representation or implication that the announced services or facilities are superior in quality to those of other licensees which is not subject to reasonable verification by the public and/or would tend to create a false impression of the qualities of the professional services or facilities;(4) a statement or implication that a licensee is a certified or recognized specialist unless the licensee is a veterinarian who is board certified as recognized by the American Veterinary Medical Association in such specialty;(5) a claim that intends to create or is likely to create an inflated or unjustified expectation; or(6) an expressed or implied material misrepresentation of fact.", "sourceNote": "Source Note: The provisions of this §573.30 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156655&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156655", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "ADVERTISING, ENDORSEMENTS AND CERTIFICATES" }, "rule": { "number": "§573.32", "label": "Specialty Listings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156656", "queryAsDate": "03/11/2026" }, "ruleBody": "A veterinarian holding a current certificate of special competence in a particular field of veterinary medicine issued by the respective specialty boards in veterinary medicine, recognized by the American Veterinary Medical Association, may state in reputable veterinary directories, advertising or notices mailed to veterinarians, clients, former clients, personal friends, and relatives; the yellow pages of telephone directories distributed in the geographical area or areas in which the veterinarian resides or maintains offices or had his/her primary practice; and on professional cards or letterhead that he/she is certified in a particular field in the following words: \"Board Certified (e.g., Veterinary Radiology).\" A veterinarian must indicate his or her specialty whenever the veterinarian indicates that he or she is a specialist.", "sourceNote": "Source Note: The provisions of this §573.32 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156656&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156656", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "ADVERTISING, ENDORSEMENTS AND CERTIFICATES" }, "rule": { "number": "§573.33", "label": "Display of Degree, Certificate, or Title from Approved Institutions Only" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156657", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall not use or display any college degree, certificate, or title pertaining to veterinary medicine or equine dentistry granted by any institution not approved by the Texas State Board of Veterinary Medical Examiners.", "sourceNote": "Source Note: The provisions of this §573.33 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156657&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156657", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "ADVERTISING, ENDORSEMENTS AND CERTIFICATES" }, "rule": { "number": "§573.34", "label": "Authorized Degrees, Certificates, or Titles Only" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172204", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall not use any certificate, college degree, or title to which he or she is not entitled.", "sourceNote": "Source Note: The provisions of this §573.34 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172204", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "ADVERTISING, ENDORSEMENTS AND CERTIFICATES" }, "rule": { "number": "§573.35", "label": "Display of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156659", "queryAsDate": "03/11/2026" }, "ruleBody": "Each licensee, including a relief veterinarian, shall post or display at the licensee's practice location, whether mobile or fixed, his or her Board license. This document must be displayed where it is visible to the public. A legible photocopy of the original document is acceptable.", "sourceNote": "Source Note: The provisions of this §573.35 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2015, 40 TexReg 2419." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156659", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "ADVERTISING, ENDORSEMENTS AND CERTIFICATES" }, "rule": { "number": "§573.36", "label": "Corporate and Assumed Names" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156660", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees shall not use a corporate or assumed name for their practice which would be false, deceptive, or misleading to the public.", "sourceNote": "Source Note: The provisions of this §573.36 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156660&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156660", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "D", "label": "ADVERTISING, ENDORSEMENTS AND CERTIFICATES" }, "rule": { "number": "§573.37", "label": "Ban on Use of Solicitors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "120420", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall not participate in arrangements which share the proceeds from professional services with individuals who may have been instrumental in his or her having been selected to perform the particular service.", "sourceNote": "Source Note: The provisions of this §573.37 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=120420&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "120420", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "PRESCRIBING AND/OR DISPENSING MEDICATION" }, "rule": { "number": "§573.40", "label": "Labeling of Medications Dispensed" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179478", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian shall affix labels to all unlabeled containers containing any medication dispensed and to all factory labeled containers that contain prescription (legend) drugs and/or controlled substances dispensed. The label must be affixed to the immediate container and include:(1) the veterinarian's name, address, and telephone number (including area code);(2) date of delivery or dispensing;(3) patient/client name (and address if drug is a controlled substance);(4) species of the animal;(5) name, strength, and quantity of the drug dispensed;(6) directions for use; and(7) cautionary statements as required by law, i.e. not for human consumption, poisonous, withdrawal periods, etc.(b) If the immediate container is too small to be labeled, the small container shall be enclosed within another container large enough to be labeled.", "sourceNote": "Source Note: The provisions of this §573.40 adopted to be effective March 9, 1988, 13 TexReg 1027; amended to be effective November 20, 1992, 17 TexReg 7896; amended to be effective July 4, 2005, 30 TexReg 3877." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179478", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "PRESCRIBING AND/OR DISPENSING MEDICATION" }, "rule": { "number": "§573.41", "label": "Use of Prescription Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156662", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is unprofessional conduct for a licensed veterinarian to prescribe, administer, dispense, deliver, or order delivered any prescription drug without first having established a veterinarian-client-patient relationship and determined that such prescription drug is therapeutically indicated for the health and/or well-being of the animal(s). Prescription drugs include all controlled substances in Schedules I - V and legend drugs which bear the federal legends, recognized as such by any law of the State of Texas or of the United States.(b) It shall be unprofessional conduct and a violation of the rules of professional conduct for a licensed veterinarian to prescribe, provide, obtain, order, administer, possess, dispense, give, or deliver to or for any person prescription drugs that are not necessary or required for the medical care of animals, or where the use or possession of such drugs would promote addiction thereto. Prescription drugs are defined in subsection (a) of this section.(c) A licensed veterinarian prescribing, administering, dispensing, delivering, or ordering delivered any prescription drug must comply with the laws, including all rules, of both the United States and the State of Texas, including but not limited to Chapter 483 of the Texas Health and Safety Code.", "sourceNote": "Source Note: The provisions of this §573.41 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 23, 2014, 39 TexReg 10017; amended to be effective August 22, 2016, 41 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156662&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156662", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "PRESCRIBING AND/OR DISPENSING MEDICATION" }, "rule": { "number": "§573.42", "label": "Use of Scheduled Drugs in Training and/or Racing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192242", "queryAsDate": "03/11/2026" }, "ruleBody": "Any licensed veterinarian who prescribes, provides, obtains, orders, administers, possesses, dispenses, gives or delivers scheduled drugs to or for any animal solely for training or racing purposes and not for a medically sound reason has violated the Veterinary Licensing Act.", "sourceNote": "Source Note: The provisions of this §573.42 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192242", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "PRESCRIBING AND/OR DISPENSING MEDICATION" }, "rule": { "number": "§573.43", "label": "Controlled Substances Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194109", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensed veterinarian shall comply with all requirements of the federal Drug Enforcement Administration (DEA) regarding controlled substance registration.(b) A licensed veterinarian registered with the DEA must comply with all relevant state and federal statutes and rules, including but not limited to Chapter 481 of the Texas Health and Safety Code, Chapter 13 of Part 1 of Title 37 of the Texas Administrative Code, and Chapter 13 of Title 21 of United States Code.", "sourceNote": "Source Note: The provisions of this §573.43 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 25, 2012, 37 TexReg 9937; amended to be effective December 23, 2014, 39 TexReg 10018; amended to be effective September 1, 2016, 40 TexReg 8025; amended to be effective September 24, 2018, 43 TexReg 6283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194109&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194109", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "PRESCRIBING AND/OR DISPENSING MEDICATION" }, "rule": { "number": "§573.44", "label": "Compounding Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179480&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179480", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian may only compound drugs for a specific animal or herd with which the veterinarian has established and maintained a valid veterinarian-client-patient relationship.(b) A veterinarian may only prescribe, administer, or dispense compounded drugs to treat a specific occurrence of a disease or condition, which threatens the health of the animal or will cause suffering or death if left untreated, that the veterinarian has observed and diagnosed in the particular patient for whom the compounded drugs are intended. The amount of a drug that a veterinarian compounds or orders compounded for dispensing or office use must not exceed the established need for specific compounded drugs for patients with which the veterinarian has established and maintained a valid veterinarian-client-patient relationship.(c) Labeling Requirements.(1) All compounded drugs must bear the labeling information required under §573.40 of this title (relating to Labeling of Medications Dispensed), as well as the following information:(A) date on which the drug was compounded;(B) name and strength of medically active ingredients;(C) identity of treated animals;(D) withdrawal/withholding times if needed; and(E) condition or disease to be treated.(2) In addition to the information listed in paragraph (1) of this subsection, compounded drugs dispensed to the client must also state a date dispensed and an expiration date, which should not exceed the length of the prescribed treatment.(d) Limitations on Compounded Products.(1) A veterinarian shall not compound or order a drug compounded if there is a FDA approved, commercially available animal or human drug that, when used as labeled or in an extra-label fashion in its available dosage form and concentration, will appropriately treat the patient.(2) A veterinarian shall only compound or order compounded products with FDA-approved commercially available animal or human drugs as the active ingredients.(3) A veterinarian shall not promote and/or distribute compounded drugs that are essentially similar to FDA-approved products.(4) A veterinarian must ensure the safety and efficacy of a compounded drug, including but not limited to avoiding known drug incompatibilities and inappropriate combinations, and must use a pharmacist to perform drug compounding when the complexity of the compounding exceeds the veterinarian's knowledge, skill, facilities, or available equipment.(e) Compounding for Food-Producing Animals.(1) For animals intended for human consumption, a veterinarian must establish an extended withdrawal interval for the compounded product sufficient to ensure food safety and may not compound from any drugs prohibited for use in food-producing animals. The withdrawal period must be supported by scientific information, and the veterinarian shall note the method used to determine the withdrawal interval in the patient records.(2) A veterinarian shall not compound or order a drug compounded if the compounded drug results in violative food residue, or any residue that may present a risk to public health.(3) Compounding from a human drug for use in food-producing animals is not permitted if an approved animal drug can be used for compounding.(4) Veterinarians shall ensure that procedures are in place to maintain the identity of treated animals, and shall note those procedures in the patient records.(f) Limitations on Promotion and Sale of Compounded Drugs.(1) A veterinarian shall not prepare for sale any compounded drugs which employ fanciful names or trade names, colorings or other additives, or that in any way imply that the compounds have some unique effectiveness or composition.(2) A veterinarian shall not advertise, promote, display, resell, or in any other way market prepared compounded drugs.(3) A veterinarian shall not offer compounded drugs to other state licensed veterinarians, pharmacists or other commercial entities for resale.", "sourceNote": "Source Note: The provisions of this §573.44 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 22, 2016, 41 TexReg 6203; amended to be effective February 24, 2019, 44 TexReg 707." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179480&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179480", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "E", "label": "PRESCRIBING AND/OR DISPENSING MEDICATION" }, "rule": { "number": "§573.45", "label": "Extra-Label or Off-Label Use of Drugs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174440", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Extra-label or off-label use is the actual or intended use of a drug in an animal that is not in accordance with the approved labeling, and includes, but is not limited to:(1) compounded drugs;(2) use in species not listed in the labeling;(3) use for diseases or other conditions not listed in the labeling;(4) use at dosage levels, frequencies, or routes of administration other than those stated in the labeling; and(5) deviation from the labeled withdrawal time based on these different uses.(b) A veterinarian must use his or her discretion in the off-label use of drugs for animals. In exercising such discretion, a veterinarian shall consider, to the extent possible:(1) whether the off-label use of a drug meets the community standard of humane care and treatment set out in §573.22 of this title (relating to Professional Standard of Care);(2) the established safety of the off-label usage;(3) the inclusion of a drug in a standard veterinary formulary;(4) analyses of off-label usage in the veterinary medical literature and in articles and commentaries written by the veterinarian's peers in the veterinary medical profession;(5) information provided by the drug's manufacturer, vendor or the FDA as to whether off-label usage of a drug may present a risk to public health; and(6) any other sources of pertinent information.(c) If anticipated off-label use of a drug is not commonly accepted or used by average veterinarians in the community in which the veterinarian practices or if the off-label usage does not have an established safety record, the veterinarian shall orally or in writing inform the client that the off-label usage is not commonly accepted or used in the veterinary community and that such usage could pose a risk to the health of the animal. Any oral notification shall be recorded in the patient records.(d) Extra-Label Drug Use in Food-Producing Animals.(1) For animals intended for human consumption, a veterinarian must establish an extended withdrawal interval sufficient to ensure food safety. The withdrawal period must be supported by scientific information, and the veterinarian shall note the method used to determine the withdrawal interval in the patient records.(2) A veterinarian shall not prescribe an extra-label drug in a manner that will result in violative food residue, or any residue that may present a risk to public health.(3) Veterinarians shall ensure that procedures are in place to maintain the identity of treated animals, and shall note those procedures in the patient records.", "sourceNote": "Source Note: The provisions of this §573.45 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 22, 2016, 41 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174440", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "RECORDS KEEPING" }, "rule": { "number": "§573.50", "label": "Controlled Substances Records Keeping for Drugs on Hand" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179481", "queryAsDate": "03/11/2026" }, "ruleBody": "Texas veterinarians shall maintain at their place of business records of all scheduled drugs listed in the Texas Controlled Substances Act in their possession. These records shall be maintained for a minimum of five years. A record shall be kept for each scheduled drug. The records shall be complete, contemporaneous, and legible. The record shall contain the following information in addition to the name of the drug:(1) date of acquisition;(2) quantity purchased;(3) date administered or dispensed;(4) quantity administered or dispensed;(5) name of client and patient receiving the drug(s); and(6) total balance on hand of the scheduled drug.", "sourceNote": "Source Note: The provisions of this §573.50 adopted to be effective March 9, 1988, 13 TexReg 1028; amended to be effective July 6, 1990, 15 TexReg 3635; amended to be effective April 6, 2008, 33 TexReg 2695; amended to be effective December 23, 2013, 38 TexReg 9365; amended to be effective November 22, 2015, 40 TexReg 8027." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179481&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179481", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "RECORDS KEEPING" }, "rule": { "number": "§573.51", "label": "Rabies Control" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209810", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Only the vaccinating veterinarian shall issue official rabies vaccination certificates. Each certificate shall contain the information required by 25 TAC §169.29 (relating to Vaccination Requirement) adopted by the Department of State Health Services, including:(1) owner's name, address and telephone number;(2) animal identification species, sex (including neutered if applicable), approximate age (three months to 12 months, 12 months or older), size (pounds), predominant breed, and colors;(3) vaccine used product name, manufacturer, and serial number;(4) date vaccinated;(5) date vaccination expires (re-vaccination due date);(6) rabies tag number if a tag is issued; and(7) veterinarian's signature, or electronic signature, or signature stamp and license number, in accordance with §573.10 of this title (relating to Supervision of Non-Licensed Persons).(b) Each veterinarian that issues a rabies vaccination certificate, or the veterinary practice where the certificate was issued, shall retain a readily retrievable copy of the certificate for a period of not less than five years from the date of issuance.(c) A veterinarian having knowledge of an animal bite to a human shall immediately report the incident to the local health authority. A veterinarian preparing an animal's body for rabies diagnosis shall comply with all requirements of 25 TAC §169.33 (relating to Submission of Specimens for Laboratory Examination) adopted by the Department of State Health Services.(d) A veterinarian who ceases the practice of veterinary medicine shall deliver to the local health authority all duplicate rabies vaccination certificates issued by the veterinarian within the preceding five-year period. A veterinarian who sells or leases his or her practice to another veterinarian may transfer duplicate rabies certificates with the records of the practice which are transferred to a new owner.", "sourceNote": "Source Note: The provisions of this §573.51 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 23, 2013, 38 TexReg 9365; amended to be effective August 22, 2016, 41 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209810&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209810", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "RECORDS KEEPING" }, "rule": { "number": "§573.52", "label": "Veterinarian Patient Record Keeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179483", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A veterinarian performing a physical examination, diagnosis, treatment or surgery on an animal or group of animals shall prepare a legible written record or computer record concerning the animals containing, at a minimum, the following information:(1) name, address, and telephone number of the owner;(2) identity of the species, animal, herd, or flock;(3) except for herds or flocks, the age, sex, color, and breed;(4) dates of examination, treatment and surgery;(5) brief history of the condition of each animal, litter, herd, or flock;(6) examination findings, if required for diagnosis or treatment and is not difficult to obtain:(A) weight - actual or estimated;(B) temperature;(C) pulse;(D) respiration; and(E) any additional findings needed for diagnosis;(7) laboratory and radiographic tests performed and reports;(8) differential diagnosis; referrals/consultations; to/with specialists and the client's response;(9) procedures performed/treatment given and results;(10) drugs (and their dosages) administered, dispensed, or prescribed;(11) surgical procedures shall include a description of the procedure, the name of the surgeon, the type of sedative/anesthetic agent used, the route of administration and the dosage; and(12) anesthesia monitoring performed during surgical procedures.(b) Individual records must be maintained on each patient, except that records on livestock or litters of animals may be maintained on a per-client basis. Records pertaining to these animals may be kept in a daily log or billing records, provided that the treatment information is substantial enough to identify these animals and the medical care provided.(c) Medical records and radiographs are the physical property of the hospital or the proprietor of the practice that prepared them. Records, including radiographs, must be maintained for a minimum of three years after the last visit.(d) Medical records shall be released upon request from a treating veterinarian with a legitimate interest, and shall be returned to the originating practice within a reasonable time if requested. Copies of records must be made available upon request from the owner of an animal at a reasonable cost to the owner and within a reasonable time. A veterinarian may not withhold the release of veterinary medical records for nonpayment of a professional fee.(e) All regulated substances shall be recorded as required by federal and/or state regulations.(f) Any signed acknowledgement required by §§573.14 and 573.16 - 573.18 (relating to all complementary therapies).", "sourceNote": "Source Note: The provisions of this §573.52 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 23, 2013, 38 TexReg 9365; amended to be effective August 22, 2016, 41 TexReg 6203; amended to be effective August 16, 2022, 47 TexReg 4853." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179483", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "RECORDS KEEPING" }, "rule": { "number": "§573.53", "label": "Equine Dental Provider Patient Record Keeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Individual records shall be complete, contemporaneous and legible and shall include, but are not limited to:(1) name, address, and phone number of the client;(2) identification of patient, including name, breed, age, sex, and description;(3) patient history;(4) dates of visits;(5) other details necessary to substantiate or document the procedure performed; and(6) any amendment, supplementation, change, or correction in a patient record not made contemporaneously with the act or observation noted by indicating the time and date of the amendment, supplementation, change or correction, and clearly indicating that there has been an amendment, supplementation, change, or correction.(b) Maintenance of Patient Records.(1) Patient records shall be current and readily available for a minimum of five years from the date of last treatment by the equine dental provider.(2) Patient records are the responsibility and property of the equine dental provider, provided however, that equine dental providers shall give copies of records to the owner or caretaker authorizing treatment of the patient at the time of treatment, and shall provide copies of records to the supervising veterinarian on request, within 15 business days of the request.(3) An equine dental provider may destroy medical records that relate to any civil, criminal or administrative proceeding only if the equine dental provider knows the proceeding has been finally resolved.", "sourceNote": "Source Note: The provisions of this §573.53 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 22, 2016, 41 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174441", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "RECORDS KEEPING" }, "rule": { "number": "§573.54", "label": "Patient Records Release and Charges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156670", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Release of records pursuant to request. Upon the request of the client or their authorized representative, the veterinarian shall furnish a copy of the patient records, including a copy of any radiographs requested, within 15 business days of the request or in accordance with subsection (f) of this section, unless a longer period is reasonably required to duplicate the records. If a longer period is necessary and prior to the 15 business day deadline, the veterinarian must inform the client in writing how long it will take to furnish the records and why production of the records is delayed. The records must be provided no later than 30 calendar days after the request. If the records are requested for acute/emergency care, the veterinarian must provide the records immediately and no later than one business day.(b) Contents of records. For purposes of this section, \"patient records\" shall include those records as defined in §573.52 of this title (relating to Veterinarian Patient Record Keeping).(c) Allowable charges. The veterinarian may charge a reasonable fee for this service and, in non-emergency and non-acute situations, may withhold the records until such payment is received. A reasonable fee shall include only the cost of:(1) copying, including the labor and cost of supplies for copying;(2) postage, when the individual has requested the copy or summary be mailed; and(3) preparing a summary of the records when appropriate.(d) Improper withholding for past due accounts. Patient records requested pursuant to a proper request for release may not be withheld from the client, the client's authorized agent, or the client's designated recipient for such records based on a past due account for care or treatment previously rendered to the patient.(e) The veterinarian shall be entitled to the reasonable fee prior to the release of the records unless the information is requested by another veterinarian or his or her agent for purposes of emergency or acute medical care.(f) The veterinarian must notify the requestor of records the amount of the reasonable fee within five (5) business days of the request. Once the veterinarian receives written or verbal notice from the requestor that the requestor accepts the reasonable fee and will pick up the records, the veterinarian must have the records copied and ready for delivery within ten (10) business days of receiving such notice.", "sourceNote": "Source Note: The provisions of this §573.54 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2015, 40 TexReg 2419; amended to be effective November 22, 2015, 40 TexReg 8027." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156670&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156670", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "F", "label": "RECORDS KEEPING" }, "rule": { "number": "§573.55", "label": "Transfer and Disposal of Patient Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173202", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Required Notification of Discontinuance of Practice. When a veterinarian discontinues the provision of veterinary services without the continuation of their practice, he or she is responsible for ensuring that clients receive reasonable notification and are given the opportunity to obtain copies of their records or arrange for the transfer of their patient records to another veterinarian.(b) Method of Notification.(1) When a veterinarian discontinues the provision of veterinary services without the continuation of their practice, he or she shall provide notice to clients of when the veterinarian intends to terminate the practice or relocate, and will no longer be available to clients, and offer clients the opportunity to obtain a copy of their patient records.(2) Notification shall be accomplished by:(A) placing written notice in the veterinarian's office; and(B) sending written notification to clients seen in the last three years notifying them of discontinuance of practice, or placing a notice in the local newspaper.(c) Voluntary Surrender or Revocation of Veterinarian's License.(1) Veterinarians who have voluntarily surrendered their licenses in lieu of disciplinary action or have had their licenses revoked by the Board must notify their clients, consistent with subsection (b) of this section, within 30 days of the effective date of the voluntary surrender or revocation.(2) Veterinarians who have voluntarily surrendered their licenses in lieu of disciplinary action or have had their licenses revoked by the Board must obtain a custodian for their records to be approved by the Board within 30 days of the effective date of the voluntary surrender or revocation.", "sourceNote": "Source Note: The provisions of this §573.55 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173202", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.60", "label": "Prohibition Against Treatment of Humans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156681", "queryAsDate": "03/11/2026" }, "ruleBody": "A veterinarian shall not provide care and treatment of humans including prescribing and/or dispensing prescription medication for personal use by the veterinarian and/or another human. A veterinarian may render first aid or emergency care to a human if such action is without expectation of compensation in response to an emergency or disaster situation.", "sourceNote": "Source Note: The provisions of this §573.60 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 17, 2015, 40 TexReg 5154." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156681", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.61", "label": "Minimum Security for Controlled Substances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137114", "queryAsDate": "03/11/2026" }, "ruleBody": "Veterinarians shall adhere to the following to ensure security of controlled substances:(1) Establish adequate security to prevent unauthorized access to controlled substances.(2) Establish adequate security to prevent the diversion of controlled substances.(3) During the course of business activities, do not allow any individual access to controlled substances storage areas except those authorized agents required for efficient operations.(4) Controlled substances listed in Schedules I, II, III, IV, and V shall be stored in a securely locked, substantially constructed cabinet or security cabinet.(5) The term \"substantially constructed cabinet\" means the following:(A) A structure of wood or metal so constructed as to resist any entry by simple tools of attack such as screw drivers, crow bars, tire tools, pry bars, etc. Hinges should not be mounted with bolts or screws on outside of door and the locking devices should be installed internally as in a dead bolt type or the device should be of a type that has protected mounting screws or bolts to inhibit removal. The cabinet should be permanently constructed or attached to the building structure or fixtures so as to prevent the cabinet from being physically removed from the premises. If the cabinet is a metal file cabinet type, it should be permanently attached to prevent easy removal and have an external locking bar that secures the drawer or drawers.(B) A security cabinet or safe equivalent in construction to a Class 6 Mosler Government Sales Security Filing Cabinet or a Class 5 Mosler Government Safe.(C) A cabinet less substantially constructed may meet security requirements provided the cabinet is located in a room or area entrance to which has been so constructed that hinge mountings inhibit removal and a limited number of employees have keys or combinations to locking device. If combination locks are utilized, the combination can be changed upon termination of employees having knowledge of the combination. A veterinarian must maintain a written list of all persons that have access to the controlled substances storage areas, including the dates on which individuals are added or deleted from the list.", "sourceNote": "Source Note: The provisions of this §573.61 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137114", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.62", "label": "Violation of Board Orders/Negotiated Settlements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156686", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All persons that are subject of a Board order shall abide by the terms of the order. The Board may open a complaint against a person who violates a Board order and/or refer the person to the Attorney General for prosecution under the Veterinary Licensing Act, Texas Occupations Code, Chapter 801, and the Administrative Procedure Act, Government Code, §2001.202.(b) The Board may deny a person's request to renew a license issued under Title 4, Chapter 801 of the Texas Occupations Code if the person has not paid an administrative penalty imposed under Title 4, Chapter 801 of the Texas Occupations Code. This section does not apply if:(1) the person's time to pay or request a hearing has not expired under Title 4, Chapter 801 of the Texas Occupations Code;(2) the person has requested a hearing under Title 4, Chapter 801 of the Texas Occupations Code, but the person's time to pay has not expired under the same statute or Board rules; or(3) the penalty is stayed.", "sourceNote": "Source Note: The provisions of this §573.62 adopted to be effective July 20, 1992, 17 TexReg 4753; amended to be effective March 22, 2005, 30 TexReg 1634; amended to be effective July 13, 2008, 33 TexReg 5527." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156686", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.63", "label": "Inspection of Facilities and Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183353&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "183353", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees shall admit a representative of the Board, during regular business hours, to inspect equipment and business premises; examine and/or copy client and patient records, drug records, including, but not limited to, invoices, receipts, transfer documents, inventory logs, surgery logs; and all other associated records relating to the practice of veterinary medicine or equine dentistry.", "sourceNote": "Source Note: The provisions of this §573.63 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=183353&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "183353", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.64", "label": "Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206585", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Required Continuing Education Hours.(1) Licensed Veterinarians. Seventeen (17) hours of acceptable continuing education shall be required annually for renewal of all types of Texas veterinary licenses, except as provided in subsection (b) of this section. Veterinary licensees who successfully complete the Texas State Board Licensing Examination shall receive credit for 17 continuing education hours for their first renewal year following licensure.(2) Licensed Equine Dental Providers. Six (6) hours of acceptable continuing education shall be required annually for renewal of Texas equine dental provider licenses.(3) Licensed Veterinary Technicians. Ten (10) hours of acceptable continuing education shall be required annually for renewal of Texas veterinary technician licenses.(4) A licensee shall earn the required hours of acceptable continuing education during the renewal year immediately preceding the licensee's application for license renewal. Should a licensee earn acceptable continuing education hours during the year in excess of the required hours, the licensee may carry over and apply the excess hours to the requirement for the next renewal year. Licensees may carry over excess hours to the following renewal year only, and may not carry over more hours than the licensee is required to earn in a renewal year.(5) Hardship extensions may be granted by appeal to the Executive Director of the Board. The executive director shall only consider requests for a hardship extension from licensees who were prevented from completing the required continuing education hours due to circumstances beyond the licensee's control. A hardship extension generally will not be allowed due to financial hardship or lack of time due to a busy professional or personal schedule. Requests for a hardship extension must be received in writing and in the Board offices by no later than the 15th day of the month three (3) months prior to the last day of the licensee's birth month. Should such extension be granted, twice the number of hours of continuing education required for a standard annual license renewal shall be obtained in the two-year period of time that includes the year of insufficiency and the year of extension. Licensees receiving a hardship extension shall maintain records of the continuing education obtained and shall file copies of these records with the Board by attaching the records to the license renewal application submitted following the extension year, or by sending them to the Board separately if the licensee submits his or her renewal application electronically (on-line).(6) A military service member, as defined in Chapter 55, §55.001, of the Texas Occupations Code, has up to two years to complete the required continuing education requirements for each renewal year.(7) Except as provided in subsection (a)(1) of this section, continuing education hours obtained prior to licensure in Texas may not be applied toward the required number of continuing education hours.(b) Exemption from Continuing Education Requirements for Veterinary Licensees. A veterinary licensee is not required to obtain or report continuing education hours, provided that the veterinary licensee submits to the Board sufficient proof that during the preceding year the veterinary licensee was:(1) in retired status;(2) a veterinary intern or resident; or(3) out-of-country on charitable, military, or special government assignments for at least nine (9) months in a year; or(4) on inactive status. Veterinary licensees on inactive status may voluntarily acquire continuing education for purposes of reinstating his/her license to regular status.(c) Make up Hours. The Board may require a licensee who does not complete the required hours of continuing education to make up the missed hours in later years. Hours required to be made up in a later year are in addition to the continuing education hours required to be completed in that year.", "sourceNote": "Source Note: The provisions of this §573.64 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2014, 39 TexReg 3427; amended to be effective November 22, 2015, 40 TexReg 8028; amended to be effective March 22, 2016, 41 TexReg 2166; amended to be effective March 26, 2017, 42 TexReg 1449." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206585&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206585", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.65", "label": "Proof of Acceptable Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156684", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acceptable Continuing Education.(1) Continuing Education hours shall be acceptable if they relate to clinical matters. For veterinary licensees, continuing education hours shall be acceptable if they relate to practice management.(2) Acceptable continuing education hours shall be earned by:(A) veterinary licensees and licensed veterinary technicians attending meetings sponsored or co-sponsored by the American Veterinary Medical Association (AVMA), AVMA's affiliated state veterinary medical associations and/or their continuing education organizations, AVMA recognized specialty groups, regional veterinary medical associations, local veterinary medical associations, and AVMA-accredited veterinary medical colleges and veterinary technician programs;(B) equine dental provider licensees attending meetings sponsored or co-sponsored by the International Association of Equine Dentistry;(C) veterinary licensees taking correspondence courses that require the licensee to take a test at the conclusion of the course and yield a certificate of completion;(D) all licensees participating in verifiable, monitored on-line and video programs or other telecommunication discussions that yield a certificate of completion and meet the following minimum standards:(i) Inclusion of the following interactive experiences:(I) direct, two-way verbal communication between attendees and the instructor at all times;(II) direct, two-way verbal communication between attendees at all times; and(III) visual communication with the instructor;(ii) The ability to document active participation by attendees through:(I) verbal interaction and software documentation; and(II) the use of real time on-line surveys that promote audience interaction and document the attendance and engagement of the participants;(E) all licensees' self study, through any form of continuing education from which the licensee does not receive a certificate of completion, including reading articles in professional journals or periodicals, listening to audio tapes or CD's or viewing video tapes or similar devices that transmit a video image; or(F) any other methods approved by the Board's Licensing Committee, by an advisory committee of the Board, or approved for veterinary licensees and licensed veterinary technicians by the Registry of Approved Continuing Education (RACE) of the American Association of Veterinary State Boards (AAVSB).(b) Distribution of Continuing Education Hours.(1) Veterinary Licensees.(A) Of the required seventeen (17) hours of continuing education for veterinary licensees, no more than five (5) hours may be derived from either:(i) correspondence courses; or(ii) practice management courses.(B) Hours claimed for self study shall not exceed three (3) hours.(2) Equine Dental Provider Licensees.(A) None of the required six (6) hours of continuing education for equine dental provider licensees may be derived from either correspondence courses or practice management courses.(B) Hours claimed from self study shall not exceed one (1) hour.(3) Licensed Veterinary Technicians.(A) Licensed veterinary technicians are required to complete ten (10) hours of continuing education annually. Of the required ten (10) hours, no more than two (2) hours of continuing education for licensed veterinary technicians may be derived from practice management.(B) No more than four (4) hours of continuing education for licensed veterinary technicians may be derived from correspondence courses.(C) Hours claimed from self study shall not exceed two (2) hours.(c) Proof of Continuing Education.(1) The licensee shall sign a statement on the licensee's annual license renewal form attesting to the fact that the required continuing education hours have been obtained. If the licensee renews his license electronically (on-line), the licensee shall input an affirmation that the required continuing education hours have been obtained.(2) The licensee shall maintain records which support the signed statement or affirmation. These documents must be maintained for the last four (4) calendar years and shall be available at the practice location for inspection to Board investigators upon request.(3) Proof of attendance at live, on-site courses may require sign-in procedures, course checklists, certificates of course completion and other measures as directed by the Board. If the licensee attends a multi-day course and the certificate of completion reflects only a total number of continuing education credits that can be earned, proof of attendance must include a pre-printed schedule, agenda, or brochure on which the licensee marks the actual courses or seminars the licensee personally attended.(4) For proof of on-line interactive courses, the licensee must provide a certificate from the provider showing the nature of the course, date taken, and the hours given.(5) For proof of self-study, the licensee must provide a signed statement showing details, including dates, of the articles or courses read, videos observed, or audios listened to, and hours claimed.", "sourceNote": "Source Note: The provisions of this §573.65 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective May 4, 2014, 39 TexReg 3428; amended to be effective August 22, 2016, 41 TexReg 6203; amended to be effective November 12, 2017, 42 TexReg 6181; amended to be effective November 7, 2021, 46 TexReg 7406." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156684&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156684", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.66", "label": "Disciplinary Action for Non-Compliance with Continuing Education Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156685", "queryAsDate": "03/11/2026" }, "ruleBody": "Failure to complete the required hours without obtaining a hardship extension from the executive director, failure to maintain required records, falsifying records, or intentionally misrepresenting programs for continuing education credit shall be grounds for disciplinary action by the Board.", "sourceNote": "Source Note: The provisions of this §573.66 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156685&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156685", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.67", "label": "Continuing Education as Disciplinary Action" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198162", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board may require a licensee who violates the Veterinary Licensing Act or the Board's Rules to participate in a program to acquire continuing education.(b) Continuing education hours required under this subsection shall be in addition to the hours required of all licensees, and shall be:(1) based on the seriousness of the violation; and(2) relevant to the violation committed by the license holder.", "sourceNote": "Source Note: The provisions of this §573.67 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198162", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.68", "label": "Telemedicine" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179485", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) \"Telemedicine\" means veterinary medicine offered or provided by a person to a patient at a different physical location than the person using telecommunications or information technology.(b) Pursuant to §801.251, Texas Occupations Code, a person may not practice, or offer or attempt to practice, veterinary telemedicine unless the person holds a license to practice veterinary medicine issued by the Board.(c) Pursuant to §801.351(a), Texas Occupations Code, a person may not practice veterinary telemedicine unless a veterinarian-client-patient relationship exists. Pursuant to §801.351(c), Texas Occupations Code, a veterinarian-client-patient relationship may not be established solely by telephone or electronic means.(d) A person providing veterinary telemedicine is subject to the professional standard of care that would apply to the provision of the same services in an in-person setting.", "sourceNote": "Source Note: The provisions of this §573.68 adopted to be effective January 27, 2020, 45 TexReg 553." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179485&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179485", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.69", "label": "Conditions Relative to License Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192243", "queryAsDate": "03/11/2026" }, "ruleBody": "If a Board disciplinary action is taken against a licensee that results in the suspension of a license for a specified period of time, the Board shall identify specific conditions (or prohibitions) relative to the suspension. The conditions (or prohibitions) should be clearly stated as part of the negotiated settlement or Board order. The following guidelines will be utilized when specifying the conditions of a license suspension.(1) Licensees shall not practice nor give the appearance that they are practicing veterinary medicine or equine dentistry during the time of suspension. The Board may provide a notice of the Board's order of suspension for the licensee to post in the reception area or other place clearly visible to the public.(2) Licensees shall not supervise other licensees, nor supervise, encourage, or allow any employee(s) who are not licensed to practice in Texas, to perform duties described as the practice of veterinary medicine or equine dentistry in the Veterinary Licensing Act, the Rules of Professional Conduct, and other policies of the Board.(3) During the period of downtime, licensees shall notify all present and prospective employers of the Board order, including the terms, conditions, and restrictions imposed. Within 30 days of the effective date of the order and within 15 days of undertaking new employment, licensees shall cause their employers to provide written acknowledgment to the Board that they have read and understand the terms and conditions of the Board order.(4) Licensees shall notify all veterinarians, equine dental providers, and veterinary technician employees with whom the licensee practices of the Board order and, within 30 days of the effective date of the order, licensees shall acknowledge to the Board in writing that this has been done.(5) A sole practitioner's clinic or facilities may be used by the disciplined licensee for administrative purposes only. Examples are opening mail, referring patients, accepting payments on accounts, and general office tasks. In these instances, he/she must exercise extreme caution to not be persuaded, coerced, or otherwise drawn by anyone to practicing or even giving the appearance of practicing veterinary medicine or equine dentistry. The licensee may lease the clinic/practice to, or employ, another licensee to continue the clinic business during suspension.(6) A disciplined veterinarian who owns/operates a clinic and employs associate veterinarians may enter the clinic or hospital for administrative purposes only, as cited in paragraph (5) of this section.(7) A disciplined licensee shall abide by the Board's order and conform to all laws, rules, and regulations governing the practice of veterinary medicine and equine dentistry in Texas.(8) If the Board receives information alleging that the licensee is practicing during the period of suspension (downtime), Board staff will initiate an investigation. If there is evidence to support the allegation, the licensee will be subject to further disciplinary action.", "sourceNote": "Source Note: The provisions of this §573.69 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 22, 2016, 41 TexReg 6203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192243", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.70", "label": "Mandatory Reporting of Criminal Activity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174443", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee or an applicant for a license shall report to the Board within 30 days of being arrested for, charged with, or indicted for any criminal offense above the grade of a Class C misdemeanor, or for any Class C misdemeanor in or connected with the practice of veterinary medicine or equine dentistry. A licensee or an applicant for a license shall report the final disposition of the matter to the Board within 30 days of disposition. All reports made pursuant to this rule shall be made on the form provided by the Board.", "sourceNote": "Source Note: The provisions of this §573.70 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 29, 2013, 38 TexReg 5489; amended to be effective May 4, 2015, 40 TexReg 2420; amended to be effective September 24, 2018, 43 TexReg 6284." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174443", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.71", "label": "Operation of Temporary Limited-Service Veterinary Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174444", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements for operation. Veterinarians operating temporary limited service clinics shall:(1) maintain sanitary conditions at the clinic site, including, but not limited to, removal of animal solid waste and sanitizing/disinfecting of urine and solid waste sites;(2) provide injections with sterile disposable needles and syringes;(3) utilize a non-porous table for examining and/or injecting small animals;(4) maintain biologics and injectable medications between temperature ranges of 35 to 45 degrees Fahrenheit;(5) perform and complete blood and fecal examinations before dispensing relevant federal legend medications;(6) maintain rabies vaccination records and treatment records for five years, indexed alphabetically by the client's last name and by vaccination tag numbers, if issued; and(7) provide clients with a printed form that contains the identity of the administering veterinarian and the address of the places where the records are to be maintained.(b) Required notification to the Board prior to operation. Before any temporary limited-service clinic may be operated, the veterinarian is required to provide notification to the Board office at least 48 hours before the clinic begins operation. Notice may be provided no more than 90 days prior to the clinic operating for a particular day and any cancellations of operation must be provided to the Board within 48 hours before the clinic was to operate. Notice must include the veterinarian's full name, license number, and daytime phone number; the date the clinic will be held, the specific location of where the clinic will be held, and times of operation; and the permanent address where records for the clinic will be kept. Notice may be by electronic transmission or mail. Mailed notice will be considered to have met the notification requirement if the written notice is postmarked at least five days prior to the operation of the clinic.", "sourceNote": "Source Note: The provisions of this §573.71 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 25, 2012, 37 TexReg 9937; amended to be effective May 4, 2014, 39 TexReg 3428; amended to be effective August 17, 2015, 40 TexReg 5154; amended to be effective November 22, 2015, 40 TexReg 8028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174444", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.72", "label": "Employment by Nonprofit or Municipal Corporations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156673", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A nonprofit or municipal corporation may employ or contract with a veterinarian to provide veterinary services in connection with sheltering, sterilization, vaccination, or other medical care and treatment of animals.(b) Employment by or contractual service to a nonprofit or municipal corporation does not alone exempt the veterinarian from any of the provisions of the Veterinary Licensing Act or the Board's rules.(c) Veterinarians employed by, or contracted to, nonprofit or municipal corporations shall be liable for any violations of the Act or rules occurring as a result of the practice of veterinary medicine or any veterinary services provided by the nonprofit or municipal corporation, including those occurring due to the acts or omissions of non-licensed employees of, or volunteers for, the nonprofit or municipal corporation, unless otherwise exempt from the Veterinary Licensing Act under §801.004.", "sourceNote": "Source Note: The provisions of this §573.72 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective November 22, 2015, 40 TexReg 8029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156673&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156673", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.73", "label": "Animal Reproduction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170764", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board considers the following activities the practice of veterinary medicine as defined in the Veterinary Licensing Act, Texas Occupations Code, §801.002:(1) surgical invasion of the reproductive tract of an animal, including laparoscopy and needle entry unless performed under the direct supervision of a veterinarian;(2) obtaining, possessing or administering prescription or legend drugs for use in an animal without a valid prescription from a licensed veterinarian or in a properly labeled container dispensed by a licensed veterinarian; and(3) a breeding soundness examination, which is defined as the assessment of an animal by a veterinarian to determine the animal's ability or potential for reproduction, and includes, but is not limited to, diagnosis by rectal palpation of reproduction structures, ultrasonography, semen collection and microscopic examination, serum/blood chemistry analysis, cytology, and biopsy of tissue.(b) The activities described in this section do not affect those activities exempted from coverage of the Veterinary Licensing Act, Texas Occupations Code, §801.004.", "sourceNote": "Source Note: The provisions of this §573.73 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170764", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.74", "label": "Management Services Organizations in Veterinary Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156675", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Control--the ability to order or dictate the delivery or the manner of delivery of any services or tasks. Consulting with another person regarding a service or task, or assisting in the performance of a service or task, does not constitute control.(2) Intervene--directly altering the practice of veterinary medicine. Recommending or providing a service or supply or performing management services under this section does not constitute intervention.(3) Management services--those services and activities relating to the operation of a veterinary practice exclusive of the practice of veterinary medicine.(4) Management services organization--a person or entity that provides management services.(5) Veterinary medical personnel--persons under the direct or general supervision, as defined by the Veterinary Licensing Act, Texas Occupations Code, §801.002, of a veterinarian who perform duties directly related to the practice of veterinary medicine.(b) Management Services Contracts. A veterinarian or group of veterinarians, whether or not incorporated, may contract with a management services organization to provide management services.(c) Prohibited Practices. A management services organization shall not control or intervene in a veterinarian's practice of veterinary medicine. Prohibited activities by a management services organization, whether or not authorized by contract, include but are not limited to:(1) employing a veterinarian to practice veterinary medicine;(2) determining the compensation of a veterinarian for the practice of veterinary medicine;(3) controlling or intervening in a veterinarian's diagnosis, treatment, correction, change, manipulation, relief, or prevention of animal disease, deformity, defect, injury or other physical condition, including the prescription or administration of a drug, biologic, anesthetic, apparatus, or other therapeutic or diagnostic substance or technique;(4) controlling or intervening in a veterinarian's selection or use of type or quality of medical supplies and pharmaceuticals to be used in the practice of veterinary medicine;(5) determining the amount of time a veterinarian may spend with a patient;(6) owning drugs, unless the drugs are owned in compliance with applicable Texas or federal law;(7) owning and controlling the records of patients of the veterinarian;(8) determining the fees to be charged by the veterinarian for the veterinarian's practice of veterinary medicine;(9) mandating compliance with specific professional standards, protocols or practice guidelines relating to the practice of veterinary medicine;(10) placing limitations or conditions upon communications that are clinical in nature with the veterinarian's clients;(11) requiring a veterinarian to make referrals in violation of Texas Occupations Code §801.402(11); or(12) penalizing a veterinarian for reporting violations of a law regulating the practice of veterinary medicine.(d) Veterinarians, and entities in which veterinarians are the sole owner, shareholders or partners, are not prohibited from performing the activities set out in subsection (c)(1) - (10) of this section.(e) Permitted Management Services. Permitted activities by a management services organization include but are not limited to:(1) providing by lease, ownership or other arrangement:(A) the facility used by the veterinarian in the practice of veterinary medicine;(B) the medical equipment, instruments and supplies used by the veterinarian in the practice of veterinary medicine; and(C) the business, office and similar non-medical equipment used by the veterinarian.(2) providing for the repair, maintenance, renovation, replacement or otherwise of any facility or equipment used by the veterinarian in the practice of veterinary medicine;(3) providing accounting, financial, payroll, bookkeeping, budget, investment, tax compliance and similar financial services to the veterinarian;(4) providing information and information systems and services for the veterinarian so long as any patient records in these systems are clearly owned and freely accessed by the veterinarian;(5) providing the services of billing and collection of the veterinarian's fees and charges;(6) arranging for the collection or sale of the veterinarian's accounts receivable;(7) providing advertising, marketing and public relations services in compliance with §§573.30 - 573.37 of this title (relating to Advertising, Endorsements and Certificates) pertaining to the practice of veterinary medicine;(8) providing contract negotiation, drafting and similar services for the veterinarian;(9) providing receptionist, scheduling, messaging and similar coordination services for the veterinarian;(10) obtaining all licenses and permits necessary to operate a practice of veterinary medicine that may be obtained by a non-veterinarian, and assisting veterinarians in obtaining licenses and permits necessary to operate a practice of veterinary medicine that may be obtained only by a veterinarian, provided that the Executive Director of the Board approves the method of payment for veterinary license renewals paid by the management services organization;(11) assisting in the recruiting, continuing education, training and legal and logistical peer review services for the veterinarian;(12) providing insurance, purchasing and claims services for the veterinarian, and including the veterinarian and veterinary medical personnel on the same insurance policies and benefit plans as the management services organization;(13) providing consulting, business and financial planning and business practice and other advice;(14) establishing the price to be charged to the veterinary client for the goods and supplies provided or managed by the management services organizations;(15) employing and controlling persons who:(A) perform management services;(B) are veterinarians employed by a management services organization to perform management services but not the practice of veterinary medicine; or(C) perform management, administrative, clerical, receptionist, secretarial, bookkeeping, accounting, payroll, billing, collection, boarding, cleaning and other functions; or(16) employing veterinary medical and other personnel, if a veterinarian present at the practice location who is in charge of veterinary medicine for that practice location at which the veterinary medical and other personnel work has the right to:(A) control the medically related procedures, duties, and performance of the veterinary medical and other personnel; and(B) suspend for medically related reasons the veterinary medical and other personnel unless the suspension is contrary to law, regulation or other legal requirements.(f) Disclosure of Contracts.(1) A veterinarian or a group of veterinarians that contract with a management services organization shall:(A) make available for inspection by the Board at the main office of the veterinarian or group of veterinarians, pursuant to §573.66 of this title (relating to Disciplinary Action for Non-Compliance with Continuing Education Requirements), copies of the contracts with the management services organizations; and(B) if the Board opens an investigation against a veterinarian or a group of veterinarians, make available to the Board copies of the contracts with the management services organizations.(2) Verbal contracts will not be considered evidence of compliance with this rule.(3) Copies of contracts produced under this subsection shall be governed by the Veterinary Licensing Act, Texas Occupations Code, §801.207.", "sourceNote": "Source Note: The provisions of this §573.74 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 23, 2014, 39 TexReg 10018." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156675", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.75", "label": "Duty to Cooperate with Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173204", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall:(1) cooperate fully with any Board inspection or investigation; and(2) respond within twenty-one (21) days of receipt to requests for information regarding complaints and other requests for information from the Board, except where:(A) the Board in contacting a licensee imposes a different response date; or(B) the licensee is unable for good cause to meet the response date and requests a different response date.", "sourceNote": "Source Note: The provisions of this §573.75 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173204&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173204", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.76", "label": "Notification of Licensee Addresses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156677", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensee shall report to the Board the licensee's:(1) name and license number;(2) clinic or practice name;(3) physical business address;(4) mailing address;(5) residence address;(6) business telephone number; and(7) residence and/or cellular telephone number.(b) A mailing address may be a post office box number. A physical business address shall be a physical location and shall not be a post office box number. If a remote practice location does not have a physical business address, the licensee must provide as the physical business address sufficient directions as to how the practice location may be found.(c) A relief veterinarian's physical business address shall be the physical business address where the relief veterinarian regularly conducts the largest percentage of his or her relief work at one clinic. If the relief veterinarian does not have one clinic where he or she conducts the largest percentage of his or her work, then the relief veterinarian shall use the physical address of one of the locations where he or she works. If the relief veterinarian is not actively working, then the relief veterinarian may use his or her physical residence address, which shall not be a post office box number.(d) A licensee shall notify the Board of any change of items required under subsection (a) of this section not later than the 60th day after the change takes place.", "sourceNote": "Source Note: The provisions of this §573.76 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 23, 2014, 39 TexReg 10018; amended to be effective August 17, 2015, 40 TexReg 5155." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156677&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156677", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.77", "label": "Sterilization of Animals from Releasing Agencies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156678", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:(1) Releasing agency--a public or private animal pound, shelter, or humane organization. This term does not include an individual who occasionally renders humane assistance or shelter in the individual's home to a dog or cat.(2) Animal--a dog or cat.(3) Microchip--a transponder that is placed under an animal's skin by an injector and can be read by a microchip scanner.(4) Tattoo--a permanent etching formed by injecting ink into the basal layer of the epidermis of an animal.(b) Sterilization required. A new owner of an animal released from a releasing agency must have the animal sterilized in accordance with Chapter 828, Health and Safety Code.(c) Identification markers. An animal sterilized under this section must be identified by a microchip and/or a tattoo indicating that it has been sterilized.(1) A new owner of an animal with a microchip shall be responsible for providing information to the data base registry of the microchip manufacturer indicating that the animal has been sterilized.(2) A tattoo must:(A) be placed on the inside of the animal's thigh near the abdomen or on the caudal-ventral abdomen;(B) be imprinted with ink that is manufactured in the United States;(C) meet the standards of the federal Food and Drug Administration for tattooing;(D) be of a contrasting color to the predominant color of the skin in which it is tattooed; and(E) consist of the universal symbol for male or female overlain by a slash through the circle to indicate sterilization.", "sourceNote": "Source Note: The provisions of this §573.77 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156678", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.78", "label": "Default on Student Loan/Child Support Payments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173205", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee who has defaulted on a student loan or breached a student loan repayment contract by failing to perform his or her service obligation under the contract, or any other agreement between the licensee and the administering entity, relating to payment of a student loan may be subject to disciplinary action by the Board.(b) A licensee, who has a final order under Chapter 232 of the Texas Family Code suspending the license for failure to pay child-support and/or where the Office of the Attorney General has notified the Board to not renew the license for failure to pay child-support, may be subject to disciplinary action by the Board.", "sourceNote": "Source Note: The provisions of this §573.78 adopted to be effective June 14, 2012, 37 TexReg 4229." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173205&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173205", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.79", "label": "Maintenance of Sanitary Premises" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181023", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees must maintain their offices/clinics/hospitals and the offices/clinics/hospitals in which they work, including mobile facilities, in a clean and sanitary condition without any accumulation of trash, debris, or filth. Such premises shall be maintained in full compliance with all health requirements of the city or county in which located and in conformity with the health laws of the State of Texas; further, they shall use properly sterilized instruments and clean supplies.", "sourceNote": "Source Note: The provisions of this §573.79 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective August 17, 2015, 40 TexReg 5155." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181023", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.80", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172207", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in the Veterinary Licensing Act (Chapter 801, Texas Occupations Code) or the Rules of the Board (Texas Administrative Code, Title 22, Part 24, Chapters 571, 573, 575, and 577) shall have the following meanings, unless the context clearly indicates otherwise:(1) Accepted livestock management practices--those practices involving animals raised or produced primarily for food, fiber, or other products for human consumption, and may include the following:(A) branding, tattooing, ear tags or identifying marks of any kind;(B) tail docking, except cosmetic tail docking that is performed for appearance purposes only;(C) earmarking;(D) routine dehorning, except cosmetic dehorning that reshapes or alters the poll area for appearance purposes;(E) castration;(F) non-surgical assistance with birthing;(G) implantation with approved implant products;(H) administration of a biologic, except where restricted by law to administration by a veterinarian, and not including deworming by use of stomach tubing;(I) artificial insemination;(J) shoeing and trimming hooves; and(K) application or administration of parasiticides, except where restricted by law.(2) Food production animals--any mammalians, poultry, fowl, fish or other animals that are raised primarily for human food consumption.(3) Biologic--any serum, vaccine, antitoxin, or antigen used in the prevention or treatment of disease.(4) Pregnancy testing--the diagnosis of the physical condition of pregnancy by any method other than the gross visual observation of the animal.(5) Invasive dentistry or invasive dental procedures--exposing of the dental pulp, or performing extractions.(6) Consultation--the act of rendering professional advice (diagnosis and prognosis) about a specific veterinary medical case, but does not include treatment or surgery.(7) General Supervision--a veterinarian required to generally supervise a non-veterinarian must be readily available to communicate with the person under supervision.(8) Direct Supervision--a licensee required to directly supervise a person must be physically present on the same premises as the person under supervision.(9) Immediate Supervision--a licensee required to immediately supervise a person must be within audible and visual range of both the animal patient and the person under supervision.(10) Official Health Documents--any certificate attesting to the health, vaccination status, physical condition and/or soundness of an animal.(11) Specialist--a veterinarian that is a Board Certified Diplomate of a specialty organization recognized by the American Veterinary Medical Association.(12) Non-veterinarian employee--an individual paid directly by a veterinarian for work involving the practice of veterinary medicine, as defined in the Veterinary Licensing Act, Texas Occupations Code, §801.002(5), regardless of the defined status of the employment relationship between the individual and the veterinarian under Internal Revenue Service regulations.(13) Herd--a group of animals of the same species, managed as a group and confined to a specific geographic location. A herd may not include dogs, cats, any animal in individual training, or any animal that competes as an individual.", "sourceNote": "Source Note: The provisions of this §573.80 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 25, 2012, 37 TexReg 9937; amended to be effective August 29, 2013, 38 TexReg 5490; amended to be effective November 22, 2015, 40 TexReg 8029; amended to be effective November 23, 2016, 41 TexReg 9136." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172207&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172207", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.81", "label": "Mandatory Report by Licensee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall report to the Board in the manner prescribed under subsection (b) of this section if the licensee has reasonable cause to suspect that:(1) the ability of another licensee to provide veterinary, LVT, or EDP services safely and reasonably is impaired by chemical dependency; or(2) another licensee generally poses a continuing threat to the public welfare.(b) A report by a licensee under subsection (a) of this section must:(1) Be in writing and signed; and(2) Include the identity of the licensee and any additional information required by the Board.(c) A licensee may not suspend or terminate the employment or otherwise retaliate against, discipline, or discriminate against, a person who:(1) Reports in good faith under this section; or(2) Advises a licensee of the licensee's rights and obligations under this section.(d) A licensee satisfies his or her duty to report in accordance with subsection (a)(1) of this section by reporting the other licensee to the Board's approved Peer Assistance Program.", "sourceNote": "Source Note: The provisions of this §573.81 adopted to be effective May 4, 2015, 40 TexReg 2420." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179486", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.82", "label": "Laser Therapy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "219643", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. For the purpose of this rule, Laser Therapy is an acceptable therapy through the use of laser or IPL device radiation for the purpose of diagnosis, therapy, or treatment in the practice of veterinary medicine.(b) Use of Laser Therapy in the treatment of animals. A licensed veterinarian may perform or prescribe Laser Therapy after a valid veterinarian-client-patient relationship has been created in accordance with the Act and Board Rules. An LVT or non-veterinarian employee of a veterinarian may perform Laser Therapy under the general supervision of the veterinarian if the other conditions within this subsection (b) have been met. The veterinarian and his or her employees performing Laser Therapy must be in compliance with all other relevant federal and Texas laws and rules. The veterinarian and his or her employee(s) performing Laser Therapy must comply with the accepted safety standards for use of lasers in health care for animals.(c) Standard Used in Determining Appropriate Use of Laser Therapy. If the Board receives a complaint against a licensee about treatment involving the use of Laser Therapy, investigation of the complaint may include opinions from other licensees who use Laser Therapy in their treatment of animals. However, veterinarians who practice Laser Therapy shall exercise the same degree of humane care, skill, and diligence in treating patients as are ordinarily used in the same or similar circumstances, including the type of practice, by average members of the veterinary medical profession in good standing in the locality or geographic community in which they practice, or in similar communities.(d) Other Board Rules Not Preempted. Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine.", "sourceNote": "Source Note: The provisions of this §573.82 adopted to be effective August 22, 2016, 41 TexReg 6205." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=219643&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "219643", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "573", "label": "RULES OF PROFESSIONAL CONDUCT" }, "subchapter": { "number": "G", "label": "OTHER PROVISIONS" }, "rule": { "number": "§573.83", "label": "Price Transparency for Emergency Care" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "108316", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For purposes of this section, \"emergency care\" means medical care rendered to an ill or injured animal that, in the reasoned opinion of the veterinarian, has a life-threatening condition and immediate medical treatment is necessary to sustain life or alleviate or end suffering.(b) After a reasonable opportunity to assess an animal's medical condition and before providing medical treatment, a veterinarian must disclose to the owner or caretaker that the animal requires emergency care and treatment.(c) The disclosure required by subsection (b) of this section must contain:(1) a description of the proposed treatment(s), with reasonable options, if any; and(2) the estimated price of the proposed treatment option(s).(d) If the animal's medical condition changes, before continuing treatment, a veterinarian must update the disclosures required by subsection (c) of this section.(e) The person presenting an animal to the veterinarian for emergency care and treatment is presumed to be the owner or caretaker of that animal.", "sourceNote": "Source Note: The provisions of this §573.83 adopted to be effective June 13, 2024, 49 TexReg 4054." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=108316&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "108316", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137133", "queryAsDate": "03/11/2026" }, "ruleBody": "The definitions contained in the Veterinary Licensing Act (Chapter 801, Occupations Code) and the Administrative Procedure Act (Chapter 2001, Government Code) are hereby incorporated into this chapter, insofar as they are applicable thereto.", "sourceNote": "Source Note: The provisions of this §575.1 adopted to be effective January 1, 1976; amended to be effective July 6, 1990, 15 TexReg 3635; amended to be effective March 15, 2004, 29 TexReg 2642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137133&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137133", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.2", "label": "Filing of Documents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137128", "queryAsDate": "03/11/2026" }, "ruleBody": "All applications, petitions, complaints, motions, replies, answers, notices, requests for exceptions, and other documents relating to any proceeding pending or set for consideration by the Board shall be filed in the office of the Texas Board of Veterinary Medical Examiners, Austin, Texas. The documents shall be deemed filed only when actually received in the office of the Texas Board of Veterinary Medical Examiners, accompanied by the filing fee, if any, required by statute or Board rules.", "sourceNote": "Source Note: The provisions of this §575.2 adopted to be effective January 1, 1976; amended to be effective March 22, 1988, 13 TexReg 1189; amended to be effective March 15, 2004, 29 TexReg 2642; amended to be effective July 13, 2008, 33 TexReg 5528." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137128", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.3", "label": "Computation of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186329", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Counting days. Unless otherwise required by statute, in computing time periods prescribed by this chapter or by a SOAH order, the period shall begin to run on the day after the act, event or default in question. The day of the act, event or default on which the designated period time begins to run is not included. The period shall conclude on the last day of the designated period, unless that day is a Saturday, Sunday or legal state or federal holiday, in which case the designated period runs until the end of the next day that is not a Saturday, Sunday or legal state or federal holiday. When these rules specify a deadline or a set number of days for filing documents or taking other actions, the computation of time shall be by calendar days rather than business days, unless otherwise provided in this chapter or pursuant to a SOAH or board order.(b) Dispute. Disputes regarding computation of time for periods not specified by this chapter or by a board or SOAH order will be resolved by reference to applicable law and upon consideration of agency policy documented in accordance with the Act and Board rules.(c) Extensions. Unless otherwise provided by statute, the time for filing any document may be extended by agreement of the parties, order of the executive director or the ALJ if SOAH has acquired jurisdiction, upon written request filed prior to the expiration of the applicable time period. This written request must show good cause for an extension of time and state that the need is not caused by the neglect, indifference or lack of diligence of the movant.", "sourceNote": "Source Note: The provisions of this §575.3 adopted to be effective January 1, 1976; amended to be effective March 22, 1988, 13 TexReg 1189; amended to be effective March 15, 2004, 29 TexReg 2643; amended to be effective July 13, 2008, 33 TexReg 5528." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186329", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.4", "label": "Conduct and Decorum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "153644", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All meetings of the Board are open to the public unless such meetings are conducted in executive session in accordance with Chapter 551, Government Code, or Chapter 801, Occupations Code.(b) Each party, witness, attorney, or other representative shall conduct themselves in all proceedings with proper dignity, courtesy, and respect for the Board and all other parties. Disorderly conduct will not be tolerated. Members of the public shall not address Board members during meetings unless recognized by the Board's presiding officer pursuant to a published agenda item. Persons seeking to position microphones, video cameras or other equipment for the purposes of recording Board proceedings may not disrupt the meeting or disturb participants.(c) Attorneys and other representatives of parties shall observe and practice the standards of the ethical behavior prescribed for their professions.(d) The Board's presiding officer may exclude from a meeting any person who, after being duly warned, persists in disorderly, abusive or disruptive behavior.", "sourceNote": "Source Note: The provisions of this §575.4 adopted to be effective March 15, 2004, 29 TexReg 2643; amended to be effective July 13, 2008, 33 TexReg 5528; amended to be effective November 12, 2017, 42 TexReg 6182." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=153644&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "153644", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.5", "label": "Subpoenas/Witness Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137131", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In any proceeding involving an alleged violation of the Veterinary Licensing Act, Chapter 801, Occupations Code, including a contested case under the Administrative Procedure Act, Chapter 2001, Government Code, the Board may compel by subpoena:(1) the attendance of witnesses for examination under oath; and(2) the production for inspection or copying of books, accounts, records, papers, correspondence, documents, and other evidence relevant to the alleged violation.(b) A party to a contested case hearing may request that the Board issue a subpoena or subpoena duces tecum, in accordance with §2001.089 of the APA, as may be hereafter amended. The requesting party must show good cause, relevancy, necessity of the testimony or documents, lack of undue inconvenience, imposition or harassment of the party required to produce the testimony or documents, and must deposit sums necessary to insure payment of expenses incident to the subpoenas. The written request shall be addressed to a sheriff or constable for service in accordance with §2001.089 of the APA.(1) The party requesting the subpoena shall be responsible for the payment of any expense incurred in serving the subpoena, as well as reasonable and necessary expenses incurred by the witness who appears in response to the subpoena.(2) The party requesting a subpoena duces tecum shall describe and recite with great clarity, particularity and specificity the books, records, and documents to be produced. The written request shall contain a description of the item sought, the name, address and title, if any, of the person or entity who has custody or control over the items, and the date and location at which the items are sought to be produced.(3) If the subpoena is for the attendance of a witness, the written request shall contain the name, address, and title, if any, of the witness and the date and location at which the attendance of the witness is sought.(c) A subpoena issued at the request of the Board's staff may be served personally by a Board employee, by certified mail, or by any other means authorized by law.(d) The Board may delegate authority to issue subpoenas to the executive director.(e) A witness, called at the request of the Board in a contested case, who is not a party to the proceeding and who is subpoenaed to appear at a deposition or hearing or to produce books, papers, or other objects, shall be entitled to receive a fee of $25 per day and reimbursed for travel expenses in the same manner as Board employees.(f) The pendancy of a SOAH proceeding does not preclude the board from issuing an investigative subpoena at any time.", "sourceNote": "Source Note: The provisions of this §575.5 adopted to be effective March 15, 2004, 29 TexReg 2644; amended to be effective July 13, 2008, 33 TexReg 5528; amended to be effective March 10, 2009, 34 TexReg 1608; amended to be effective November 20, 2011, 36 TexReg 7667." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137131", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.6", "label": "Procedures Following a Contested Case Hearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137132", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Following issuance of a proposal for decision (PFD) in a contested case referred by the Board to the State Office of Administrative Hearings (SOAH), the parties to the hearing may file exceptions and replies to exceptions to the PFD.(b) Any party may, within 20 days after the date of service of a proposal for decision, file with the executive director of the Board and the administrative law judge (ALJ), exceptions and briefs to the PFD. Replies to the exceptions and briefs may be filed within 15 days after the date of filing of the exceptions and briefs.(1) A request for extension of time within which to file exceptions, briefs, or replies shall be filed with the executive director of the Board and the ALJ, and a copy thereto shall be served on all other parties of record by the party making the request.(2) The ALJ will rule on all exceptions, briefs and replies and requests for extension of time and notify the parties of their decision and any amendments they propose to the PFD.", "sourceNote": "Source Note: The provisions of this §575.6 adopted to be effective March 15, 2004, 29 TexReg 2644; amended to be effective July 13, 2008, 33 TexReg 5528." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137132&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137132", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.7", "label": "Presentation of Proposal for Decision" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167040", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice of oral argument. All parties and the ALJ who has issued a proposal for decision shall be given notice of the opportunity to attend and provide oral argument concerning a proposal for decision before the board. Notice shall be sent by hand delivery, regular mail, certified mail - return receipt requested, courier service, or registered service to the ALJ's office and the parties' addresses of record.(b) Arguments before the Board. The order of the proceeding shall be as follows:(1) the ALJ shall present and explain the proposal for decision;(2) the party adversely affected shall briefly state the party's reasons for being so affected supported by the evidence of record;(3) the other party or parties shall be given the opportunity to respond;(4) the party with the burden of proof shall have the right to close;(5) board members may question any party as to any matter relevant to the proposal for decision and evidence presented at the hearing;(6) at the end of all arguments by the parties, the board may deliberate in closed session and shall determine the charges on the merits and take action on a final decision in open session.(c) Limitation. A party shall not be disruptive of the orderly procedure of the board's routines.", "sourceNote": "Source Note: The provisions of this §575.7 adopted to be effective July 13, 2008, 33 TexReg 5528." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167040", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.8", "label": "Final Decision and Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137121", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Board action. A copy of the final decision or order shall be delivered or mailed to any party and to the attorney of record.(b) Recorded. All final decisions and orders of the Board shall be in writing and shall be signed by the president, vice-president, or secretary and reported in the minutes of the meeting. A final order shall include findings of fact and conclusions of law, separately stated.(c) Imminent peril. If the Board finds that imminent peril to the public's health, safety, or welfare requires immediate effect of a final decision or order in a contested case, it shall recite the finding in the decision or order as well as the fact that the decision or order is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered and no motion for rehearing is required as a prerequisite for appeal.(d) Changes to findings of fact and conclusions of law.(1) Reasons to change findings of fact and conclusions of law. The Board is charged by the legislature to protect the public interest, is an independent agency of the executive branch of the government of the State of Texas, and is the primary means of licensing, regulating and disciplining veterinarians, licensed veterinary technicians, and equine dental providers. Therefore, to ensure that sound veterinary medical principles govern the decisions of the Board, it is the policy of the Board to change a finding of fact or conclusion of law or to vacate or modify any proposed order of an ALJ only when the Board determines:(A) that the ALJ did not properly apply or interpret applicable law, Board rules, written policies, or prior administrative decisions;(B) that a prior administrative decision on which the ALJ relied is incorrect or should be changed; or(C) that a technical error in a finding of fact should be changed.(2) Recommendations regarding the appropriate sanction. Section 801.456(a) of the Veterinary Licensing Act requires that, after receiving the ALJ's findings of fact and conclusions of law, the Board may determine that a violation occurred and impose an administrative penalty. The Board interprets this requirement as imposing on the Board the responsibility of assessing the proper sanction. While the Board welcomes the recommendations of ALJs regarding the appropriate sanction, the Board does not consider the findings of fact and conclusions of law to be appropriate for stating such recommendations. Therefore, sanction recommendations in the form of findings of fact and conclusions of law are considered to be an improper application of applicable law and these rules.(3) Changes stated in final order. If the Board modifies, amends, or changes the ALJ's proposed findings of fact or conclusions of law, an order shall be prepared reflecting the specific reason and legal basis for each change made.(e) Administrative finality. A final order or Board decision is administratively final:(1) upon a finding of imminent peril to the public's health, safety or welfare, as outlined in subsection (c) of this section;(2) when no motion for rehearing has been filed within 20 days after the date the final order or Board decision is entered; or(3) when a timely motion for rehearing is filed and the motion for rehearing is denied by Board order or operation of law as outlined in §575.9 of this title (relating to Motions for Rehearing).", "sourceNote": "Source Note: The provisions of this §575.8 adopted to be effective July 13, 2008, 33 TexReg 5528; amended to be effective June 20, 2012, 37 TexReg 4425; amended to be effective May 4, 2014, 39 TexReg 3429." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137121", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.9", "label": "Motions for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161725", "queryAsDate": "03/11/2026" }, "ruleBody": "Any motions for rehearing and replies to motions for rehearing must be filed in accordance with the time periods specified in the Government Code, §2001.146. Upon request by a party, the Board may grant oral argument on motions for rehearing.", "sourceNote": "Source Note: The provisions of this §575.9 adopted to be effective July 13, 2008, 33 TexReg 5528." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161725", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.10", "label": "Costs of Administrative Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161726", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Default Orders. In cases brought before SOAH, in the event that the respondent is adjudged to be in violation of the Act by default, the Board has the authority to assess, in addition to penalty imposed, costs of transcribing the administrative hearing.(b) Mediation at SOAH. The costs of mediation shall be born equally by the parties, unless proof through affidavit and other reliable records such as tax returns show that a party is incapable of paying part of the costs of mediation.(c) Trial on the Merits. In cases brought before SOAH, in the event that the respondent is adjudged after a trial on the merits to be either in violation of the Act or ineligible for licensure, the Board has the authority to assess, in addition to the penalty imposed, the costs of transcribing the administrative hearing.(d) Appeal. The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals.", "sourceNote": "Source Note: The provisions of this §575.10 adopted to be effective July 13, 2008, 33 TexReg 5528; amended to be effective May 12, 2013, 38 TexReg 2761." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161726", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.20", "label": "Board Proceedings Relating to Licensure Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174446", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Recommendations by the Executive Director.(1) The executive director may review applications for licensure and determine whether an applicant is eligible for licensure or refer an application to a committee of the Board for review.(2) To promote the expeditious resolution of any licensure matter, the executive director may recommend that the applicant be eligible for a license, but only under certain terms and conditions, and present a proposed agreed licensure order to the applicant.(A) If the proposed agreed licensure order or remedial plan is acceptable to the applicant, the applicant shall sign the agreed licensure order and the agreed licensure order shall be presented to the Board for consideration and acceptance without conducting an informal board proceeding relating to licensure eligibility.(B) If the proposed agreed order is not acceptable to the applicant, the applicant may request review of the executive director's recommendation by a committee of the Board.(b) Determination by a Committee of the Board. Upon a review of an application for licensure, a committee of the Board may determine that the applicant is ineligible for licensure, or is eligible for licensure with or without restrictions or conditions, or defer its decision pending further information.(1) Licensure with Terms and Conditions.(A) If the committee determines that the applicant should be granted a license under certain terms and conditions based on the applicant's commission of a prohibited act or failure to demonstrate compliance with provisions under the Veterinary Licensing Act (Chapter 801, Occupations Code) or board rules, the committee, as the Board's representatives, shall propose an agreed order.(B) If the applicant agrees to the terms of the agreed order, the proposed agreed order will be presented to the Board for approval at the next board meeting.(i) The agreed licensure order may be adopted, modified, or rejected by the Board.(ii) If the Board approves the agreed order with or without amendments, the executive director or their designee shall mail the approved agreed order to the applicant. The applicant shall have fourteen (14) days from receipt to accept the amended agreed order by signing and returning it to the Board. If an applicant does not sign and return an amended agreed order or does not respond within the fourteen (14) days, the applicant shall be considered ineligible for licensure.(iii) If the Board rejects the agreed order, the applicant may be scheduled for a hearing before an administrative law judge at the SOAH, or the Board may direct the executive director to take other appropriate action.(C) If the applicant does not agree to the terms of the proposed agreed order, the applicant is considered ineligible for licensure.(2) Ineligibility Determination.(A) If an applicant is ineligible for licensure either through a determination by a board committee or through the applicant's failure to accept a proposed agreed order, the applicant will be notified of the determination and scheduled for a hearing before an administrative law judge at the State Office of Administrative Hearings, unless the applicant sends notice in writing to the Board that the applicant accepts the determination of ineligibility or withdraws the application for licensure.(B) A hearing on an applicant's eligibility for licensure will be conducted in accordance with §575.30 of this chapter (relating to Contested Case Hearing at SOAH), and a final decision of the Board shall be rendered in accordance with §§575.6 - 575.9 of this chapter (relating to Procedures Following a Contested Case Hearing, Presentation of Proposal for Decision, Final Decision and Orders, and Motions for Rehearing).(C) An applicant whose petition for licensure is denied by a final order of the Board may not file another petition for licensure until after the expiration of two years from the date of the Board's order denying the petition.", "sourceNote": "Source Note: The provisions of this §575.20 adopted to be effective May 12, 2013, 38 TexReg 2761." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174446", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.22", "label": "Reinstatement of Licenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167042", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person whose license has been surrendered or revoked, whether by voluntary action or by disciplinary action of the Board, may after five (5) years from the effective date of such surrender or revocation, petition the Board for reinstatement of the license, unless another time is provided in the surrender or revocation order, or unless no provision was made in the order for reinstatement. This section does not apply to licensees who let their licenses lapse for non-payment of renewal fees or licensees against whom a surrender or revocation proceeding is not pending before the Board or in any other jurisdiction.(b) The petition shall be in writing and in the form prescribed by the Board.(c) After consideration of the petition for reinstatement, the Board may:(1) deny reinstatement of the license;(2) reinstate and probate the licensee for a specified period of time under specified conditions; or(3) authorize reinstatement of the licensee.(d) If the petition is denied by the Board, a subsequent petition may not be considered by the Board until twelve (12) months have lapsed from the date of denial of the previous petition.(e) The petitioner or their legal representative must appear before the Board or the Board's Enforcement Committee to present the request for reinstatement of the license.(f) The petitioner shall have the burden of showing good cause why the license should be reinstated.(g) In considering a petition for reinstatement, the Board may consider the petitioner's:(1) moral character;(2) employment history;(3) status of financial support to petitioner's family;(4) participation in continuing education programs or other methods of staying current with the individual's area of practice;(5) criminal history record, including felonies or misdemeanors relating to the practice of veterinary medicine, the practice of equine dentistry, and/or moral turpitude;(6) offers of employment as a veterinarian, licensed veterinary technician, or equine dental practitioner;(7) involvement in public service activities in the community;(8) compliance with the provisions of the Board order revoking or canceling the petitioner's license;(9) compliance with provisions of the Veterinary Licensing Act regarding unauthorized practice;(10) history of acts or actions by any other state and federal regulatory agencies; and(11) any physical, chemical, emotional, or mental impairment.(h) In considering a petition, the Board may also consider:(1) the gravity of the offense for which the petitioner's license was cancelled, revoked or restricted and the impact the offense had upon the public health, safety, and welfare;(2) the length of time since the petitioner's license was cancelled, revoked, or restricted, as a factor in determining whether the time period has been sufficient for the petitioner to have been rehabilitated sufficiently to be able to practice in a manner consistent with the public health, safety and welfare;(3) whether the license was submitted voluntarily for cancellation at the request of the licensee; and(4) other rehabilitative actions taken by the petitioner.(i) If the Board grants the petition for reinstatement, the petitioner must successfully complete the Texas State Board Licensing Examination in their area of practice during the regularly scheduled examination times. The Board may also require the petitioner to complete additional testing to assure the petitioner's competency to practice.", "sourceNote": "Source Note: The provisions of this §575.22 adopted to be effective April 1, 1992, 17 TexReg 2128; amended to be effective March 13, 2001, 26 TexReg 2025; amended to be effective July 12, 2004, 29 TexReg 6650; amended to be effective July 13, 2008, 33 TexReg 5528; amended to be effective June 20, 2012, 37 TexReg 4426; amended to be effective May 4, 2014, 39 TexReg 3429; amended to be effective November 22, 2015, 40 TexReg 8029." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167042", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.24", "label": "Reprimands" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198163", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee subject to disciplinary action by the Board may be reprimanded. A reprimand:(1) may be formal or informal;(2) is contained in a written order of the Board; and(3) is available upon request as public information.(b) A formal reprimand will be:(1) published in the Board's newsletter; and(2) for a veterinary licensee or a licensed veterinary technician, routinely reported to the American Association of Veterinary State Boards (AAVSB) for inclusion in the national reporting database.(c) An informal reprimand will not be published in the Board's newsletter and will not be routinely reported to the AAVSB for inclusion in the national reporting database. A copy of an informal reprimand of a licensee will be forwarded to the AAVSB if specifically requested by that organization.", "sourceNote": "Source Note: The provisions of this §575.24 adopted to be effective November 19, 2001, 26 TexReg 9386; amended to be effective June 20, 2012, 37 TexReg 4426; amended to be effective May 4, 2014, 39 TexReg 3429." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198163", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.25", "label": "Schedule of Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190946", "queryAsDate": "03/11/2026" }, "ruleBody": "This Schedule of Sanctions shall be used to assess the appropriate sanction to be imposed upon a licensee that is subject to disciplinary action. Attached Graphic", "sourceNote": "Source Note: The provisions of this §575.25 adopted to be effective January 27, 2020, 45 TexReg 554." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190946", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.27", "label": "Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "190947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initiation.(1) Complaints submitted to the Board by the public shall be in writing on the complaint form provided by the Board. Complaints shall contain at least the following information:(A) the complainant's name and contact information;(B) the name of the person against whom the complaint is submitted;(C) the date and place of the alleged violation; and(D) a description of the facts or conduct alleged to violate the Act or Board rules.(2) The Board may investigate violations on its own initiative.(b) Preliminary Investigation.(1) A preliminary investigation may be conducted to determine:(A) whether the Board has jurisdiction over the complaint; and(B) whether the matter has been resolved as part of a previous complaint.(2) The Board has jurisdiction over a complaint if it alleges conduct that, if true, would constitute a violation of the Act or Board rules.(3) The Board does not have jurisdiction over a complaint that is received after the second anniversary of the latest date:(A) the alleged violation occurred; or(B) the earlier of when the complainant discovered, or in the exercise of reasonable diligence should have discovered, the alleged violation.(4) If the preliminary investigation shows that the Board does not have jurisdiction over the complaint, or that the matter has been resolved as part of a previous complaint, the Board may decline to initiate an official investigation. The complainant shall be notified of the reason that the Board declined to initiate an official investigation.(c) If the Board receives multiple complaints regarding the same respondent and the same alleged violation, the Board may combine the complaints. If the Board receives a complaint with multiple alleged violations, the Board may divide the complaint as needed.(d) A complainant may withdraw a complaint by submitting a written request to the Board.", "sourceNote": "Source Note: The provisions of this §575.27 adopted to be effective May 15, 2018, 43 TexReg 3098." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=190947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "190947", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.28", "label": "Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213578", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon the initiation of an official investigation, complaints shall be classified into one or more of the following complaint categories:(1) Complaints alleging acts or omissions that may constitute a continuing or imminent threat to the public welfare;(2) Complaints that require medical expertise to review;(3) Complaints that do not require medical expertise to review; or(4) Complaints alleging the practice of veterinary medicine or equine dentistry without a license.(b) The complainant and respondent shall be notified of the projected time requirements for the complaint, unless the notice would jeopardize an investigation.(c) The executive director may approve the use of a private investigator to assist in the investigation of a complaint where the use of Board investigators is not feasible or economical or where private investigators could provide valuable assistance to the Board investigators.", "sourceNote": "Source Note: The provisions of this §575.28 adopted to be effective May 15, 2018, 43 TexReg 3099." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213578&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213578", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.29", "label": "Informal Conferences" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Both the complainant and respondent in a matter shall have an opportunity to be heard in an informal conference, and each may be represented by legal counsel. In an informal conference requiring medical expertise, the panel shall consist of two veterinarians and one public member of the TBVME. In an informal conference that does not require medical expertise, the panel shall consist of one veterinarian, one member of the legal staff, and one member of the staff or public member designated by the executive director.(b) Respondent must submit any additional evidence for review by the TBVME on or before the 7th day after the respondent receives the medical review.(c) The Board shall provide the complainant and respondent and their legal counsel, if any, all information regarding potential outcomes of an informal conference prior to the informal conference.(d) The Board shall provide the complainant and respondent, if applicable, with reasonable written notice of the time, date, and location of an informal conference. The notice shall include a statement of the alleged violation(s) to be considered by the informal conference panel.", "sourceNote": "Source Note: The provisions of this §575.29 adopted to be effective May 24, 2023, 48 TexReg 2578." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192244", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.30", "label": "Contested Case Hearing at SOAH" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186331", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a respondent declines to sign a proposed agreed order or cease and desist order, or if the respondent fails to respond timely to a proposed agreed order or cease and desist order, or if the Board rejects a proposed agreed order, the board staff may proceed with the filing of a contested case with the State Office of Administrative Hearings (SOAH). At least ten (10) days prior to a scheduled hearing, the notice of hearing shall be served on the licensee or applicant for licensure as set out in subsection (g)(1) of this section. Except in cases of temporary suspension, a notice of hearing shall be filed only after notice of the facts or conduct alleged to warrant the intended action has been sent to the respondent address of record and the respondent has an opportunity to show compliance with the law for the retention of a license as provided in §2001.054 of the APA, and §801.408 of the Veterinary Licensing Act.(b) SOAH hearings of contested cases shall be conducted in accordance with the Act, the APA, SOAH rules, and board rules. In the event of a conflict, the Act shall prevail over any other statute or rule, the APA shall prevail over SOAH rules, and SOAH rules shall prevail over the rules of the Board, except when board rules provide the Board's interpretation of the Act. If SOAH rules are silent on an issue addressed by this subchapter, the provisions of this subchapter shall be applied.(c) The administrative law judge (ALJ) has the authority under SOAH rules, Chapter 155, to issue orders, to regulate the conduct of the proceeding, rule on motions, establish deadlines, clarify the scope of the proceeding, schedule and conduct prehearing and posthearing conferences for any purpose related to any matter in the case, set out additional requirements for participation in the case, and take any other steps conducive to a fair and efficient process in the contested case, including referral of the case to a mediated settlement conference or other appropriate alternative dispute resolution procedure as provided by Chapter 2003 of the Government Code.(d) All documents are to be filed at SOAH after it acquires jurisdiction. Copies of all documents filed at SOAH shall be contemporaneously filed with the Board.(e) Because of the often voluminous nature of the records properly received into evidence by the ALJ, the party introducing such documentary evidence should paginate each exhibit and/or flag pertinent pages in each exhibit in order to expedite the hearing and the decision-making process.(f) In accordance with the provisions of the APA, §2001.058(e), a party may file an interlocutory or interim appeal to the Board requesting that the Board vacate or modify an order issued by an ALJ.(g) Notice of SOAH hearing; continuance and default.(1) The Board shall provide notice of the time, date, and place of the hearing to the respondent. The notice shall include the requirements set forth in §2001.052 of the APA. The Board shall send notice of a contested case hearing before SOAH to the respondent's last known address as evidenced by the records of the Board. The respondent is presumed to have received proper and timely notice three (3) days after the notice is sent to the last known address as evidenced by the records of the Board. Notice shall be given by first class mail, certified or registered mail, or by personal service.(2) If the respondent fails to timely enter an appearance or answer the notice of hearing, the Board is entitled to a continuance at the time of the hearing. If the respondent fails to appear at the time of the hearing, the Board may move either for dismissal of the case from the SOAH docket, or request that the ALJ issue a default proposal for decision in favor of the Board.(3) Proof that the respondent has evaded proper notice of the hearing may also be grounds for the Board to request dismissal of the case or issuance of a default proposal for decision in favor of the Board.(h) If a party submitted proposed findings of fact, the proposal for decision shall include a ruling on each proposed finding by the ALJ, including a statement as to why any proposed finding was not included in the proposal for decision.(i) After receiving the ALJ's findings of fact and conclusions of law in the proposal for decision, the Board shall rule on the merits of the charges and enter an order. The Board by order may find that a violation has occurred and impose disciplinary action, or find that no violation has occurred. The Board shall promptly advise the complainant of the Board's action.(j) If the respondent fails to appear for the contested case hearing at the designated time and place, the ALJ may enter an order dismissing the case on the basis of default and the Board may informally dispose of the case.", "sourceNote": "Source Note: The provisions of this §575.30 adopted to be effective July 13, 2008, 33 TexReg 5528; amended to be effective May 12, 2013, 38 TexReg 2763; amended to be effective December 23, 2014, 39 TexReg 10020; amended to be effective August 17, 2015, 40 TexReg 5155; amended to be effective September 24, 2018, 43 TexReg 6285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186331", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.35", "label": "Temporary License Suspension Proceedings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156735", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board's Executive Committee shall meet to receive information on a complaint indicating that a licensee's continued practice may constitute a continuing or imminent threat to the public welfare. At the conclusion of the meeting, if the EDC concludes that the licensee's continued practice would constitute a continuing or imminent threat to the public welfare, the Executive Committee shall suspend the licensee's license for a temporary, stated period of time.(b) In accordance with the APA, §2001.081, the determination of the Executive Committee may be based not only on evidence admissible under the Texas Rules of Evidence, but may be based on information of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs.(c) In receiving information on which to base its determination of a continuing threat to the public welfare, the Executive Committee may accept the testimony of witnesses by telephone.(d) The Executive Committee and the Board's Enforcement Committee may receive testimony and evidence in oral or written form. Written statements may be sworn or unsworn. The committee members may question witnesses at the members' discretion. Evidence or information that is clearly irrelevant, unreliable, or unduly inflammatory will not be considered.(e) The Executive Committee may suspend a license under this section without notice or a hearing on the complaint, provided the Enforcement Committee shall meet in an informal conference within 14 days of the date of suspension, to determine if formal disciplinary proceedings should be initiated against the licensee. The licensee must receive notice of the conference at least 72 hours prior to the conference.(f) Following the informal conference, the Enforcement Committee shall take one of the following actions:(1) Lift the temporary suspension and reinstate the license without conditions.(2) Negotiate with the licensee an agreed settlement order that will lift the suspension, continue the suspension, or impose other sanctions as appropriate. The agreed order would be presented to the next available Board meeting for adoption.(3) Prepare a notice of hearing setting out the details of the complaint and recommended sanctions, and forward the notice of hearing to the State Office of Administrative Hearings for setting of an administrative hearing. Following the hearing, the administrative law judge will prepare a proposal for decision for adoption, in the form of an order, by the Board.(g) If the Enforcement Committee determines that a notice of hearing shall be forwarded to the State Office of Administrative Hearings for an administrative hearing, that hearing must occur no later than the 60th day after the date the Executive Committee first ordered the temporary suspension, in accordance with §801.409 of the Texas Occupations Code.", "sourceNote": "Source Note: The provisions of this §575.35 adopted to be effective July 13, 2008, 33 TexReg 5528; amended to be effective August 1, 2010, 35 TexReg 6539; amended to be effective June 20, 2012, 37 TexReg 4428; amended to be effective May 4, 2014, 39 TexReg 3430; amended to be effective May 4, 2015, 40 TexReg 2421; amended to be effective November 12, 2017, 42 TexReg 6183." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156735&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156735", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.36", "label": "Rescission of Probation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163429", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At least 20 days prior to a hearing to rescind probation, the probationer shall be served with written notice of the allegations supporting rescission of the probation.(b) The hearing shall be conducted in accordance with §575.30 of this title (relating to Contested Case Hearing at SOAH).(c) After giving the probationer notice and an opportunity to be heard, the Board may set aside the stay order and impose the stayed discipline (revocation/suspension) of the probationer's license.(d) If during the period of probation, an additional allegation, accusation, or petition is reported or filed against the probationer's license, the probationary period shall not expire and shall automatically be extended until the allegation, accusation, or petition has been acted upon by the Board.", "sourceNote": "Source Note: The provisions of this §575.36 adopted to be effective June 20, 2012, 37 TexReg 4428." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163429", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.38", "label": "Proceeding for the Modification or Termination of Agreed Orders and Disciplinary Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167045", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This rule is intended to provide a procedure whereby licensees presently subject to a board order can, if otherwise eligible, petition for the modification or termination of their board order.(b) The decision to modify or terminate all or any part of a board order is at the sole discretion of the Board unless otherwise specified in the licensee's order.(c) A request for modification or termination of an existing board order must be submitted in writing by the licensee subject to the board order. The writing must specifically detail the desired action being requested.(d) After receipt of the licensee's petition and an initial determination by board staff of the licensee's eligibility for a hearing to modify or terminate their board order, a date and time for an informal conference with the Board's enforcement committee to consider the licensee's petition for modification or termination of an existing board order shall be set and the licensee shall be provided written notice.(e) If the licensee desires to submit evidence in support of his or her petition to modify or terminate, the licensee must submit such evidence no less than seven calendar days prior to the informal conference.(f) When considering a licensee's petition for modification or termination of a board order, the Board or the enforcement committee may consider:(1) evidence presented by the licensee;(2) the existence of any pending investigations;(3) past compliance with the board order;(4) the existence of prior board orders;(5) whether there has been a significant change in circumstances that indicates that it is in the best interest of the public and licensee to modify or terminate the board order;(6) whether there has been an unanticipated, unique hardship on the licensee as a result of the board order that goes beyond the natural adverse ramifications of the disciplinary action (i.e. impossibility of requirement, geographical problems);(7) whether the licensee has engaged in special activities that are particularly commendable or so meritorious as to make modification or termination appropriate; and(8) any other information or evidence the Board or the enforcement committee deems necessary to make an informed decision.(g) At the conclusion of the informal conference, the enforcement committee shall determine whether to grant the licensee's modification or termination request, in whole or in part. The enforcement committee may deny the licensee's request, or recommend to the Board that the licensee's existing order be modified or terminated.(1) If the enforcement committee determines that a licensee's order should be modified, the Executive Director, or their designee, shall offer the licensee a modified agreed order with 14 days of the informal conference. If the licensee accepts the modified agreed order, it will be presented to the Board for consideration.(A) Additional negotiations may be held between board staff and the licensee or the authorized representative. The members of the enforcement committee shall be consulted and must concur with any subsequent substantive modifications to an offered agreed order before it is recommended to the full Board for approval.(B) If the licensee does not accept a modified agreed order, the licensee's petition for modification or termination is considered denied.(2) If the enforcement committee determines that a licensee's order should be terminated, the recommendation to terminate an order will be presented to the Board for consideration.(h) The recommendations of the enforcement committee for modification or termination of an existing order may be adopted, modified or denied by the Board. If the Board approves a modified agreed order with amendments or in lieu of termination of an existing agreed order, the licensee shall have fourteen (14) days from receipt to accept the amended agreed order by signing and returning it to the Board. If a licensee does not sign an amended agreed order or does not respond within the fourteen (14) days, the licensee's request for modification or termination is denied.(i) If either the enforcement committee or the Board denies the licensee's petition for modification or termination, the licensee is not entitled to a contested case hearing under §575.30 of this title (relating to Contested Case Hearing at SOAH), §801.407 of the Texas Occupations Code, or Chapter 2001 of the Texas Government Code.(j) Unless the original board order otherwise specifies, modification or termination requests may be made only once a year since the effective date of the original board order or since the effective date of any orders subsequently granting or denying modification or termination of the board order.", "sourceNote": "Source Note: The provisions of this §575.38 adopted to be effective August 29, 2013, 38 TexReg 5492." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167045", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.50", "label": "Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172209", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In a process under Chapter 53, Occupations Code, the Board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a veterinarian, a licensed veterinary technician, or an equine dental provider. This subsection applies to persons who are not imprisoned at the time the Board considers the conviction.(b) The Board shall revoke a license upon the imprisonment of a licensee following a felony conviction or revocation or felony community supervision, parole, or mandatory supervision. A person currently incarcerated because of a felony conviction may not sit for license examination, obtain a license under the Veterinary Licensing Act, Occupations Code, Chapter 801, or renew a previously issued license.(c) The Board shall, in determining whether a criminal conviction directly relates to the duties and responsibilities of a licensee, consider the factors listed in the Occupations Code, §53.022.(d) In determining the present fitness to perform the duties and discharge the responsibilities of a licensee who has been convicted of a crime, the Board shall consider, in addition to the factors referenced in subsection (c) of this section, the factors listed in the Occupations Code, §53.023.(e) Under Occupations Code §801.402, a person is subject to denial of a license or to disciplinary action under Occupations Code §801.401 if the person engages in illegal practices connected with the practice of veterinary medicine or the practice of equine dentistry.(f) The professional practices of veterinarians, licensed veterinary technicians, and equine dental providers place those licensees in positions of public trust. A licensee practices in an autonomous role in the treating and safekeeping of animals; preparing and safeguarding confidential records and information; accepting client funds; and, if the licensee is a veterinarian, prescribing, administering and safely storing controlled substances. The following crimes therefore relate to and are connected with the practices of veterinarians, licensed veterinary technicians, and equine dental providers because the commission of each indicates a violation of the public trust, and a lack of integrity and respect for one's fellow human beings and the community at large:(1) any felony or misdemeanor conviction of which fraud, dishonesty or deceit is an essential element;(2) any criminal violation of the Veterinary Licensing Act, or other statutes regulating or pertaining to the licensee's practice or profession;(3) any criminal violation of statutes regulating other professions in the healing arts;(4) deceptive business practices;(5) a misdemeanor or felony offense involving:(A) murder;(B) assault;(C) burglary;(D) robbery;(E) theft;(F) sexual assault;(G) injury to a child or to an elderly person;(H) child abuse or neglect;(I) tampering with a government record;(J) animal cruelty;(K) forgery;(L) perjury;(M) bribery;(N) mail fraud;(O) diversion or abuse of controlled substances, dangerous drug, or narcotic; or(P) other misdemeanors or felonies, including violations of the Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability or tendency of the person to be unable to perform as a licensee or to be unfit for licensure, if action by the Board will promote the intent of the Veterinary Licensing Act, Board rules, including this chapter, and the Occupations Code, Chapter 53.(g) Notwithstanding the provisions of subsections (a) - (f) of this section, the Board shall suspend or revoke a licensee's license in accordance with the Occupations Code, §801.406, where the licensee has been convicted of a felony under the Health and Safety Code, §485.033, or the Health and Safety Code, Chapter 481 or 483.", "sourceNote": "Source Note: The provisions of this §575.50 adopted to be effective July 13, 2008, 33 TexReg 5528; amended to be effective June 20, 2012, 37 TexReg 4429; amended to be effective May 12, 2013, 38 TexReg 2764; amended to be effective December 23, 2013, 38 TexReg 9366; amended to be effective May 4, 2014, 39 TexReg 3430." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172209", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.60", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "156738", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board's policy is to encourage the resolution and early settlement of internal and external disputes, including contested cases, through voluntary settlement processes, which may include any procedure or combination of procedures described by Chapter 154, Civil Practice and Remedies Code. Any ADR procedure used to resolve disputes before the board shall comply with the requirements of Chapter 2009, Government Code, and any model guidelines for the use of ADR issued by the State Office of Administrative Hearings.(b) The board's general counsel or their designee shall be the board's dispute resolution coordinator (DRC). The DRC shall perform the following functions, as required:(1) coordinate the implementation of the policy set out in subsection (a) of this section;(2) serve as a resource for any staff training or education needed to implement the ADR procedures; and(3) collect data to evaluate the effectiveness of ADR procedures implemented by the board.(c) The board, a committee of the board, a respondent in a disciplinary matter pending before the board, the executive director, or a board employee engaged in a dispute with the executive director or another employee, may request that the contested matter be submitted to ADR. The request must be in writing, be addressed to the DRC, and state the issues to be determined. The person requesting ADR and the DRC will determine which method of ADR is most appropriate. If the person requesting ADR is the respondent in a disciplinary proceeding, the executive director shall determine if the board will participate in ADR or proceed with the board's normal disciplinary processes.(d) Any costs associated with retaining an impartial third party mediator, moderator, facilitator, or arbitrator, shall be borne by the party requesting ADR.(e) Agreements of the parties to ADR must be in writing and are enforceable in the same manner as any other written contract. Confidentiality of records and communications related to the subject matter of an ADR proceeding shall be governed by §154.073 of the Civil Practice and Remedies Code.(f) If the ADR process does not result in an agreement, the matter shall be referred to the board for other appropriate disposition.(g) ADR for breach of contract claims. Resolution of breach of contract claims brought by a contractor against the Board shall conform to the requirements of Government Code, Chapter 2260. The Board adopts by reference the Office of the Attorney General's model rules regarding the negotiation and mediation of certain contract disputes (1 Texas Administrative Code Part 3, Chapter 68). The requirements of Government Code, Chapter 2260, and the Office of the Attorney General's model rules are required prerequisites to a contractor filing suit in accordance with Civil Practice and Remedies Code, Chapter 107.", "sourceNote": "Source Note: The provisions of this §575.60 adopted to be effective July 13, 2008, 33 TexReg 5528; amended to be effective May 4, 2015, 40 TexReg 2421." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=156738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "156738", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.61", "label": "Petition for Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "186332", "queryAsDate": "03/11/2026" }, "ruleBody": "Any person may petition for rulemaking in accordance with §2001.021 of the Administrative Procedures Act by submitting a written request to the Board at least 30 days prior to a board meeting identifying the rule the petitioner wants the Board to change, the reasons why the petitioner believes the requested rulemaking is necessary, and attaching a copy of the rule showing the proposed changes with deletions crossed through and additions underlined.", "sourceNote": "Source Note: The provisions of this §575.61 adopted to be effective June 20, 2012, 37 TexReg 4430." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=186332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "186332", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.62", "label": "Negotiated Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165086", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notice of a proposed new rule or amendment of any existing rule shall be made in accordance with the provisions of §2001.023 and §2001.024 of the Administrative Procedures Act.(b) The Board's policy is to encourage the use of negotiated rulemaking for the adoption of Board rules in appropriate situations.(c) The Board's general counsel or their designee shall be the Board's negotiated rulemaking coordinator (NRC). The NRC shall perform the following functions, as required:(1) coordinate the implementation of the policy set out in subsection (a) of this section, and in accordance with the Negotiated Rulemaking Act, Chapter 2008, Government Code;(2) serve as a resource for any staff training or education needed to implement negotiated rulemaking procedures; and,(3) collect data to evaluate the effectiveness of negotiated rulemaking procedures implemented by the Board.(d) The Board, a standing committee of the Board, or the executive director may direct the NRC to begin negotiated rulemaking procedures on a specified subject.", "sourceNote": "Source Note: The provisions of this §575.62 adopted to be effective July 13, 2008, 33 TexReg 5528; amended to be effective November 12, 2017, 42 TexReg 6184." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165086&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165086", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.63", "label": "Board Approval of Equine Dental Provider Certification Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194110", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The process to establish a new equine dental provider certification program shall be initiated with the Board one year prior to the anticipated start date of the certification program.(b) An organization that educates equine dental providers cannot own or control an equine dental provider certification program.(c) The individual writing the application for board approval of an equine dental provider certification program should hold a current license to practice as an equine dental provider in Texas.(1) The name and credentials of the author of the application should be included in the document.(2) A qualified director must be employed by the program early in the application process, and in no event shall a director be hired later than six (6) months prior to the submission of the application to the Board. The director shall:(A) hold a current license to practice equine dentistry or veterinary medicine in Texas; and(B) have a minimum of ten (10) years experience as a practicing equine dental provider.(3) The program director must review/revise the application and agree with the components of the application as being representative of the proposed certification program that the individual will be responsible for administratively.(4) If the program director changes, the director shall submit to the Board written notification of the change indicating the final date of employment, and identifying and providing information about the qualifications of a replacement director.(5) The director shall have authority to direct the equine dental provider certification program in all its aspects and phases, including approving staff, selection of testing sites, facilities and equipment, application processes, rejection of applicants, and enforcement of policies.(6) The director shall notify the Board immediately when there is a change in the name of the certification program or the governing organization, or when there are changes in the contact information.(d) The application shall include the following information documenting written policies on the following required elements for a board-approved equine dental provider certification program:(1) Documentation of financial stability, including but not limited to information on ownership, sources and amounts of financial resources and support for the first two years of operation, financial audit, and budget for the program.(2) Policies on examiners, including but not limited to qualifications, responsibilities, performance evaluation criteria, and terms of employment.(A) An equine dental provider certification program shall employ examiners in sufficient numbers and with the training and expertise necessary to evaluate accurately the skill and knowledge of applicants for equine dental provider licensure.(B) All examiners must hold active Texas veterinary licenses or equine dental provider licenses.(C) All examiners must have at least five (5) years of experience working as an equine dental provider.(D) All examiners must be evaluated annually by the program director.(3) Position descriptions for the director and examiners outlining their job duties and responsibilities.(4) Requirements for examiner training, plans for examiner development and requirements for examiner continuing education.(5) Requirements for certification, including but not limited to:(A) Prerequisites for certification.(B) Testing to prove competency in at least the following topic areas:(i) Equine anatomy;(ii) Harm and potential side effects of equine dentistry;(iii) Sterilization and disease control;(iv) Legal limits of equine dental provider practice, including supervision by a veterinarian.(6) Document creation, retention, and safe storage guidelines to maintain in the official program files for five (5) years the following documents:(A) Documentation of examiner qualifications and examiner employment;(B) Application records for each applicant seeking certification;(C) Examination records for each applicant seeking certification;(D) Certification records for each equine dental provider certified; and(E) Examination materials, including copies of all test questions or areas of examination, and answer keys or grading criteria, for all examinations given, whether written and practical.(e) After reviewing the application, board staff may request additional information or may issue recommendations. The organization seeking approval shall provide all additional requested information and respond to all recommendations before the application is eligible for consideration by the Board.(f) After the application is submitted and board staff has determined that the application is complete, a survey visit may be conducted by a board representative prior to presentation to the Board. Additional survey visits may be conducted as necessary by board representatives until the Board grants full approval status. Following the survey visits, the organization seeking approval will be given a list of identified deficiencies and a specified time in which to correct the deficiencies. If the organization seeking approval fails to correct the identified deficiencies within the specified time, the application will be presented to the Board with the uncorrected deficiencies noted.(g) The application shall be considered by the Board at a regularly scheduled meeting of the Board. The Board may approve the application and grant approval to the certification program, may defer action on the application, or may deny further consideration of the application. In order to ensure success of newly approved certification programs, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary.(h) When the application is submitted, a fee shall be assessed in accordance with §577.15 of this title (relating to Fee Schedule).(i) An application without action for one (1) calendar year shall be inactivated and a new application and fee will be required.(j) If the Board denies an application, the organization seeking approval of a certification program must wait a minimum of twelve (12) calendar months from the date of the denial before submitting a new proposal to establish an equine dental provider certification program.(k) The director of the board-approved equine dental provider certification program shall notify the Board in writing of an intent to transfer the administrative authority of the program.(l) Closing a board-approved equine dental provider certification program.(1) When the decision to close a board-approved equine dental provider certification program is made, the director must notify the Board by submitting a written plan for closure which includes:(A) reason for closing the program;(B) date of intended closure; and(C) provisions made for access to and safe storage of records, including application, test and certification records for all individuals certified by the organization.(2) A board-approved equine dental provider certification program will be deemed closed when the program has not certified any equine dental providers for a period of two (2) years.(m) Factors Jeopardizing Certification Program Approval Status.(1) When a certification program demonstrates non-compliance with Board requirements, approval may be withdrawn, or the Board, in its discretion, may impose restrictions or conditions as it deems appropriate and necessary. In addition to imposing restrictions or conditions, the Board may also require monitoring of the program.(2) A change in approval status, requirements for restrictions or conditions, or a monitoring plan may be issued by the Board for any of the following reasons:(A) Deficiencies in compliance with the board rules;(B) Non-compliance with the certification program's stated philosophy/mission, program design, objectives/outcomes, and/or policies;(C) Failure to submit records and reports to the Board within designated time frames;(D) Failure to comply with board requirements or to respond to board recommendations within the specified time;(E) Accepting applications for certification or certifying equine dental providers without resources to support the program, including sufficient qualified examiners, and adequate testing facilities;(F) Other activities or situations that demonstrate to the Board that a program is not meeting requirements.(3) A program from which approval has been withdrawn may reapply for approval. A new application may not be submitted to the Board until after at least twelve (12) calendar months from the date of withdrawal of approval have elapsed.(4) Notice of a program's approval status shall be sent to the director of the program.", "sourceNote": "Source Note: The provisions of this §575.63 adopted to be effective December 23, 2013, 38 TexReg 9366." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194110", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "575", "label": "PRACTICE AND PROCEDURE" }, "rule": { "number": "§575.281", "label": "Complaints--Request to Reopen Investigation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131069", "queryAsDate": "03/11/2026" }, "ruleBody": "A complainant may request that an investigation be reopened by submitting to the Board information that has not previously been considered and could not have been obtained at the time of the initial investigation. Board staff may determine whether additional investigation is warranted.", "sourceNote": "Source Note: The provisions of this §575.281 adopted to be effective February 24, 2019, 44 TexReg 708." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131069", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "A", "label": "BOARD MEMBERS AND MEETINGS--DUTIES" }, "rule": { "number": "§577.1", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148602", "queryAsDate": "03/11/2026" }, "ruleBody": "The officers of the Board shall be a president, a vice president, and a secretary. The president is appointed by the Governor. The vice-president and secretary are elected by the Board members at the first meeting of each fiscal year; take office immediately after the close of such meeting; serve for one year; and may be re-elected.", "sourceNote": "Source Note: The provisions of this §577.1 adopted to be effective January 1, 1976; amended to be effective March 22, 1988, 13 TexReg 1191; amended to be effective July 19, 2007, 32 TexReg 4398." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148602", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "A", "label": "BOARD MEMBERS AND MEETINGS--DUTIES" }, "rule": { "number": "§577.2", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=12345&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "12345", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The president shall preside at meetings of the Board. In his absence, the vice-president shall preside. In the absence of both the Board president and vice-president, the secretary shall preside.(b) The Board shall hold a minimum of two regular meetings each year for the purpose of conducting Board business. Other meetings may be held on the call of the President or upon petition to the President of two or more Board members. The Board may hold meetings by telephone conference call or video conference call provided that the requirements of the Government Code, §551.125 and/or §551.127, are met.(c) An agenda for each board meeting shall be posted in accordance with law and copies shall be sent to the board members.(d) Board and committee meetings shall be conducted pursuant to the provisions of Robert's Rules of Order Newly Revised unless the board by rule adopts a different procedure.(e) Meetings of the board are open to the public unless such meetings are conducted in executive session pursuant to state law.(f) In order that board meetings may be conducted safely, efficiently, and with decorum, attendees may not engage in disruptive activity that interferes with board proceedings.(g) Members of the public shall not address or question board members during meetings unless recognized by the board's presiding officer pursuant to a published agenda item.(h) Journalists have the same right of access to board meetings conducted in open session as other members of the public and are subject to the same requirements.(i) The board's presiding officer may exclude from a meeting any person who, after being duly warned, persists in disruptive activity that interferes with board proceedings.(j) Five members of the Board shall constitute a quorum and all members shall have a vote on all matters except where a Board member may be recused from voting for good cause. Decisions must be made by affirmative vote of a majority of the members present and voting.(k) Recording of meetings(1) A person may record all or part of the proceedings of a public Board meeting by means of a tape recorder, video camera, or other means of audio or visual reproduction.(2) In order to minimize disruption of the normal order of Board business, the executive director or Board president may direct any individual wishing to record or videotape the meeting as to equipment location, placement, and the manner in which the recording is conducted.(l) Executive Session.(1) The board may meet in executive session pursuant to law.(2) An executive session of the board shall not be held unless a quorum of the board has first been convened in open meeting. If during such open meeting, a motion is passed by the board to hold an executive session, the presiding officer shall publicly announce that an executive session will be held.(3) The presiding officer of the board shall announce the date and time at the beginning and end of the executive session.(4) A certified agenda of the executive session shall be prepared.", "sourceNote": "Source Note: The provisions of this §577.2 adopted to be effective January 1, 1976; amended to be effective March 22, 1988, 13 TexReg 1191; amended to be effective November 4, 1994, 19 TexReg 8448; amended to be effective August 20, 1996, 21 TexReg 7533; amended to be effective March 22, 2005, 30 TexReg 1634; amended to be effective July 17, 2006, 31 TexReg 5621; amended to be effective April 28, 2010, 35 TexReg 3283; amended to be effective October 20, 2010, 35 TexReg 9286." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=12345&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "12345", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "A", "label": "BOARD MEMBERS AND MEETINGS--DUTIES" }, "rule": { "number": "§577.3", "label": "Compensation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192248", "queryAsDate": "03/11/2026" }, "ruleBody": "Board members shall receive reimbursement at the statutory per diem rate for each day actually engaged in official Board duties. Reimbursement for travel expenses shall be made in accordance with amounts established by state law. Official duties include preparation and review of examinations, attendance at official Board meetings, other meetings as directed by the President of the Board, or meetings required by statute or Board rule. Official duties also include the time spent in direct travel to and from the location of Board duties.", "sourceNote": "Source Note: The provisions of this §577.3 adopted to be effective January 1, 1976; amended to be effective August 20, 1996, 21 TexReg 7533." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192248", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "A", "label": "BOARD MEMBERS AND MEETINGS--DUTIES" }, "rule": { "number": "§577.5", "label": "Committees of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "1967", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standing and Permanent Committees. The following are standing and permanent committees of the Board, established pursuant to Occupations Code, Chapter 801. The responsibilities and authority of these committees include those duties and powers set forth below and any other responsibilities delegated by the Board.(1) Executive Committee.(A) Membership. The Executive Committee shall be comprised of the Board president, vice president, and secretary. The Board president shall annually appoint members of the Board to serve as the Board vice president and secretary. The Board president shall serve as the chair of the Executive Committee.(B) Responsibilities and Authority. The Executive Committee shall have the responsibility and authority to:(i) study and make recommendations to the Board regarding future Board goals and objectives and the establishment of priorities;(ii) study and make recommendations to the Board regarding methods to improve the efficiency and effectiveness of the administration of the Board;(iii) review and evaluate Board rules regarding the Board's general administrative duties, or any Board function the committee determines needs consideration, study and recommend changes and additions to such rules;(iv) assist in the preparation and presentation of information concerning the Board to the Legislature and other state officials;(v) take action on matters of urgency that arise between Board meetings;(vi) conduct temporary license suspension proceedings pursuant to Occupations Code §801.409 and §575.35 of this title;(vii) study and make recommendations to the Board regarding the division of responsibilities between the Board and Board staff pursuant to Occupations Code §801.104;(viii) conduct an annual performance evaluation of the Executive Director, report findings and make employment recommendations to the Board; and(ix) in the event of a vacancy in the Executive Director position, oversee the hiring process, conduct interviews, and make employment recommendations to the Board.(2) Enforcement Committee.(A) Membership. The Enforcement Committee shall be comprised of two veterinary Board members and the Board's three public members. The Board president shall annually appoint members of the Board to serve on the Enforcement Committee. The Board president shall appoint the chair of the Enforcement Committee.(B) Responsibilities and Authority. The Enforcement Committee shall have the responsibility and authority to:(i) oversee the Board's enforcement and disciplinary process;(ii) study and make recommendations to the Board regarding future enforcement goals and objectives and the establishment of enforcement priorities;(iii) study and make recommendations to the Board regarding methods to improve the efficiency and effectiveness of the administration of the Board's enforcement and disciplinary process;(iv) review and evaluate Board rules regarding the enforcement and disciplinary process, study and recommend changes and additions to such rules;(v) conduct informal conferences pursuant to Occupations Code §801.408 and §575.29 of this title;(vi) conduct proceedings related to requests for reinstatement of a license pursuant to §575.22 of this title; and(vii) conduct proceedings related to requests for modification and termination of agreed orders and disciplinary orders pursuant to §575.38 of this title.(3) Licensing Committee.(A) Membership. The Licensing Committee shall be comprised of one veterinary Board member, the Board's LVT member, and one public Board member. The Board president shall annually appoint members of the Board to serve on the Licensing Committee. The Board president shall appoint the chair of the Licensing Committee.(B) Responsibilities and Authority. The Licensing Committee shall have the responsibility and authority to:(i) oversee the Board's licensing process;(ii) study and make recommendations to the Board regarding future licensing goals and objectives and the establishment of licensing priorities;(iii) study and make recommendations to the Board regarding methods to improve the efficiency and effectiveness of the administration of the Board's licensing process;(iv) review and evaluate Board rules regarding the licensing process, study and recommend changes and additions to such rules;(v) in coordination with the Finance Committee, review and evaluate Board rules regarding the Board's fee schedule, study and recommend changes and additions to such rules;(vi) approve acceptable methods of earning continuing education hours pursuant to §573.65 of this title;(vii) conduct proceedings relating to licensure eligibility pursuant to §575.20 of this title;(viii) review and evaluate examinations administered by the Board and recommend changes to examination questions and administration; and(ix) maintain communication with Texas veterinary schools, Veterinary Technician Programs, and EDP certifications programs.(4) Finance Committee.(A) Membership. The Finance Committee shall be comprised of three Board members, with at least one veterinary Board member and one non-veterinary Board member. The Board president shall annually appoint members of the Board to serve on the Finance Committee. The Board president shall appoint the chair of the Finance Committee.(B) Responsibilities and Authority. The Finance Committee shall have the responsibility and authority to:(i) oversee the Board's budget and finances;(ii) study and make recommendations to the Board regarding future budget and finance goals and objectives and the establishment of budget and finance priorities;(iii) study and make recommendations to the Board regarding methods to improve the efficiency and effectiveness of the administration of the Board's budget and finances;(iv) review staff reports regarding the Board's budget and finances;(v) in coordination with the Licensing Committee, review and evaluate Board rules regarding the Board's fee schedule, study and recommend changes and additions to such rules; and(vi) assist in the preparation and presentation of information concerning the Board's budget and finances to the Legislature and other state officials.(b) Advisory Committees. The following are advisory committees of the Board, established pursuant to Chapter 801, Occupations Code. The responsibilities and authority of these committees include those set forth below and any other responsibilities and authority provided by law or delegated by the Board.(1) Equine Dental Provider Advisory Committee.(A) Membership. The Equine Dental Provider (EDP) Advisory Committee shall be comprised of three members. The Board president shall make appointments pursuant to Occupations Code §801.552 and §801.553. The Board president shall biennially designate a presiding officer of the EDP Advisory Committee pursuant to Occupations Code §801.555.(B) Responsibilities and Authority. The EDP Advisory Committee shall have the responsibilities and authority provided by law, including the responsibility and authority to:(i) advise and assist the Board in adopting rules related to licensed equine dental providers; and(ii) consult with the Board regarding matters relating to a disciplinary action that involves a licensed equine dental provider.(2) Licensed Veterinary Technician Advisory Committee.(A) Membership. The Licensed Veterinary Technician (LVT) Advisory Committee shall be comprised of six members, with at least two licensed veterinary technician members, one veterinarian member, and one public member. The Board president shall annually appoint members to the committee. The Board may amend committee membership as needed. The LVT Advisory Committee shall select a chair from among its members.(B) Responsibilities and Authority. The LVT Advisory Committee shall provide independent expertise on Board functions and policies concerning LVTs, but may not be involved in setting Board policy. The LVT Advisory Committee shall have the responsibility and authority to:(i) advise and assist the Board in adopting rules related to licensed veterinary technicians;(ii) consult with the Board regarding matters relating to a disciplinary action that involves a licensed veterinary technician;(iii) solicit public input on issues addressed by the committee through public testimony, facsimile, telephone, mail, electronic mail, online message board, or any other reasonable means; and(iv) through the chair of the committee or by written statement, report the findings and recommendations of the committee to the Board at a Board meeting held pursuant to Chapter 551, Government Code.(C) Meetings. Meetings of the LVT Advisory Committee shall be held pursuant to Chapter 551, Government Code. A meeting may be held by telephone conference call.(D) Annual Evaluation. The Board shall annually evaluate the committee's work and usefulness, and the costs related to the committee's existence.(c) Ad Hoc Committees(1) The Board may establish ad hoc committees of Board members to address a specific subject or accomplish a specific task. At the time the Board establishes an ad hoc committee, the Board must clearly designate the subject to be addressed or the task to be accomplished.(2) Each ad hoc committee established by the Board shall expire upon the completion of the specific task for which the ad hoc committee was established, or upon the first anniversary of the date the committee was established, whichever occurs earlier. The Board may vote to continue an ad hoc committee beyond its expiration date if necessary to address the specific subject or accomplish the specific task for which it was established.(3) The Board president shall appoint members of the Board to serve on each ad hoc committee and shall designate a chair for each ad hoc committee. Each ad hoc committee established by the Board shall have at least one veterinary Board member and one non-veterinary Board member.", "sourceNote": "Source Note: The provisions of this §577.5 adopted to be effective November 12, 2017, 42 TexReg 6185; amended to be effective September 24, 2018, 43 TexReg 6286." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=1967&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "1967", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "B", "label": "STAFF" }, "rule": { "number": "§577.11", "label": "Appointments and Fund Disbursements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167047", "queryAsDate": "03/11/2026" }, "ruleBody": "The president of the board is authorized to appoint a member of the board, the executive director, or designee, to sign each voucher and any other instrument required by state law to be signed by the board for disbursement of funds or other purposes, or both.", "sourceNote": "Source Note: The provisions of this §577.11 adopted to be effective January 1, 1976; amended to be effective September 30, 1986, 11 TexReg 3969;amended to be effective January 21, 1987, 12 TexReg 68; amended to be effective March 22, 1988, 13 TexReg 1191." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167047", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "B", "label": "STAFF" }, "rule": { "number": "§577.12", "label": "Directory of Licensees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220411", "queryAsDate": "03/11/2026" }, "ruleBody": "Upon request the Board will furnish a complete or partial listing of currently licensed veterinarians, equine dental providers, and licensed veterinary technicians, in printed or electronic format. Costs for the directory will vary depending on the information requested and will be in accordance with the Office of the Attorney General 1 TAC §§70.1 - 70.11 (relating to Cost of Copies of Public Information).", "sourceNote": "Source Note: The provisions of this §577.12 adopted to be effective January 1, 1976; amended to be effective August 20, 1996, 21 TexReg 7534; amended to be effective April 28, 2010, 35 TexReg 3283; amended to be effective May 4, 2014, 39 TexReg 3431." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220411&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220411", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "B", "label": "STAFF" }, "rule": { "number": "§577.15", "label": "Fee Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167048", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Board of Veterinary Medical Examiners has established the following fixed fees as reasonable and necessary for the administration of its functions. Other variable fees exist, including but not limited to costs as described in §575.10 of this title (relating to Costs of Administrative Hearings), and are not included in this schedule.(1) Application for initial license.(A) Veterinary Regular License Application--$560;(B) Veterinary Special License Application--$630;(C) Veterinary Provisional License Application--$610;(D) Veterinary Temporary License Application--$220;(E) Equine Dental Provider Application--$125; and(F) Veterinary Technician License Application--$65.(2) License Renewals.(A) Current License Renewals.(i) Veterinary Regular License--$340;(ii) Veterinary Special License--$250;(iii) Veterinary Inactive License--$140;(iv) Equine Dental Provider License--$120;(v) Equine Dental Provider Inactive License--$65;(vi) Veterinary Technician Regular License--$80; and(vii) Veterinary Technician Inactive License--$35.(B) Expired License Renewals - Less than 90 days delinquent.(i) Veterinary Regular License--$510;(ii) Veterinary Special License--$375;(iii) Veterinary Inactive License--$210;(iv) Equine Dental Provider License--$180;(v) Equine Dental Provider Inactive License--$97.50;(vi) Veterinary Technician Regular License--$120; and(vii) Veterinary Technician Inactive License--$52.50.(C) Expired License Renewals - More than 90 days and less than 1 year delinquent.(i) Type of License--Board Fees;(ii) Veterinary Regular License--$680;(iii) Veterinary Special License--$500;(iv) Veterinary Inactive License--$280;(v) Equine Dental Provider License--$240;(vi) Equine Dental Provider Inactive License--$130;(vii) Veterinary Technician Regular License--$160; and(viii) Veterinary Technician Inactive License--$70.(3) Specialized License Categories.(A) Veterinary Reinstatement--$437.50;(B) Veterinary Reactivation--$262.50;(C) Equine Dental Provider Reactivation--$43.75; and(D) Veterinary Technician Reactivation--$43.75.(4) Other Fees.(A) Criminal History Evaluation Letter--$50;(B) Returned Check Fee--$45;(C) Duplication of License--$40;(D) Letter of Good Standing--$45;(E) Continuing Education Approval Review Process--$45;(F) Continuing Education Approval Review submitted less than 30 days prior to the continuing education event--$100; and(G) Equine Dental Certification Approval Review Process--$2,500.", "sourceNote": "Source Note: The provisions of this §577.15 adopted to be effective November 17, 1993, 18 TexReg 8203; amended to be effective April 6, 1995, 20 TexReg 2217; amended to be effective September 6, 1995, 20 TexReg 6409; amended to be effective November 12, 1996, 21 TexReg 10814; amended to be effective November 6, 1997, 22 TexReg 10661; amended to be effective October 25, 1998, 23 TexReg 10869; amended to be effective November 7, 1999, 24 TexReg 9612; amended to be effective July 4, 2000, 25 TexReg 6325; amended to be effective November 5, 2000, 25 TexReg 10742; amended to be effective November 19, 2001, 26 TexReg 9386; amended to be effective November 24, 2002, 27 TexReg10924; amended to be effective November 11, 2003, 28 TexReg 9834; amended to be effective November 8, 2005, 30 TexReg 7227; amended to be effective November 6, 2006, 31 TexReg 9033; amended to be effective November 25, 2007, 32 TexReg 8314; amended to be effective November 22, 2009, 34 TexReg 8038; amended to be effective August 1, 2010, 35 TexReg 6539; amended to be effective May 29, 2011, 36 TexReg 3192; amended to be effective November 20, 2011, 36 TexReg 7668; amended to be effective December 16, 2012, 37 TexReg 9774; amended to be effective December 23, 2013, 38 TexReg 9367; amended to be effective September 3, 2014, 39 TexReg 6860; amended to be effective December 23, 2014, 39 TexReg 10020; amended to be effective November 22, 2015, 40 TexReg 8031; amended to be effective August 22, 2016, 41 TexReg 6205; amended to be effective November 16, 2016, 41 TexReg 9018; amended to be effective January 1, 2018, 42 TexReg 7406; amended to be effective September 1, 2024, 49 TexReg 6457." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167048", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "B", "label": "STAFF" }, "rule": { "number": "§577.16", "label": "Responsibilities of Board and Staff" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117541", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Board of Veterinary Medical Examiners is responsible for establishing policies and promulgating rules to establish and maintain a high standard of integrity, skills, and practice in the professions of veterinarians, licensed veterinary technicians, and equine dental providers in accordance with the Veterinary Licensing Act.(b) The board may employ an executive director to be responsible for administering policies, rules, and directives as set by the board.", "sourceNote": "Source Note: The provisions of this §577.16 adopted to be effective November 9, 1993, 18 TexReg 7474; amended to be effective August 26, 2012, 37 TexReg 6313; amended to be effective May 4, 2014, 39 TexReg 3432." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117541&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117541", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "B", "label": "STAFF" }, "rule": { "number": "§577.17", "label": "Purchasing Protest Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181025", "queryAsDate": "03/11/2026" }, "ruleBody": "The Board adopts by reference the rules promulgated by the Texas Building and Procurement Commission regarding purchasing protest procedures as set forth in Subchapter A of 1 TAC §111.3.", "sourceNote": "Source Note: The provisions of this §577.17 adopted to be effective March 15, 2000, 25 TexReg 2064; amended to be effective November 7, 2004, 29 TexReg 10268." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181025&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181025", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "B", "label": "STAFF" }, "rule": { "number": "§577.18", "label": "Historically Underutilized Businesses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "178146", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Texas Government Code §2161.003, the Board adopts by reference the rules of the Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter B (relating to the Historically Underutilized Business Program).", "sourceNote": "Source Note: The provisions of this §577.18 adopted to be effective November 23, 2016, 41 TexReg 9137." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=178146&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "178146", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "24", "label": "TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS" }, "chapter": { "number": "577", "label": "GENERAL ADMINISTRATIVE DUTIES" }, "subchapter": { "number": "B", "label": "STAFF" }, "rule": { "number": "§577.20", "label": "Employee Education and Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196340", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board may use state funds to provide education and training for its employees in accordance with the State Employees Training Act (Texas Government Code, §§656.041 - 656.104). To be eligible for training and education supported by the board, an employee must:(1) remain employed by the board for the duration of the training or education;(2) receive approval for the training or education from the employee's supervisor; and(3) accept the obligation to successfully complete the education or training program.(b) The education or training shall be related to the employee's current position or prospective job duties at the board.(c) The board's education and training program benefits both the board and the employees participating by:(1) preparing for technological and legal developments;(2) increasing work capabilities;(3) increasing the number of qualified employees in areas for which the board has difficulty in recruiting and retaining employees; and(4) increasing the competence of agency employees.(d) Board employees may be required to complete an education or training program related to the employee's duties or prospective duties as a condition of employment.(e) Participation in an education or training program requires the appropriate level of approval prior to participation and is subject to the availability of funds within the agency's budget.(f) The employee education and training program for the board may include:(1) mandatory agency-sponsored training required for all employees;(2) education relating to technical or professional certifications and licenses;(3) education and training relating to the promotion of employee development;(4) employee-funded external education;(5) board-funded external education; and(6) other board-sponsored education and training determined by the board to fulfill the purposes of the State Employees Training Act.(g) The board's Human Resources Director is designated as the administrator of the board's education and training program.(h) Approval to participate in any portion of the board's education and training program shall not in any way affect an employee's at-will status or constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position.(i) Permission to participate in any education and training program may be withdrawn if the board determines, in its sole discretion, that participation would negatively impact the employee's job duties or performance.(j) If an employee seeks reimbursement for a training or education program offered by an institution of higher education or private or independent institution of higher education as defined by Texas Education Code §61.003, Education Code, the board may only pay the tuition expenses for a program course successfully completed by the employee at an accredited institution of higher education. Before an employee may be reimbursed for training under this subsection, the Board's Executive Director must authorize the reimbursement.", "sourceNote": "Source Note: The provisions of this §577.20 adopted to be effective January 18, 2011, 36 TexReg 143; amended to be effective June 14, 2016, 41 TexReg 4259." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196340", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "28", "label": "EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS" }, "chapter": { "number": "651", "label": "FEES" }, "rule": { "number": "§651.1", "label": "Occupational Therapy Board Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196341", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application Regular License.(1) Occupational Therapist--$140.(2) Occupational Therapy Assistant--$100.(3) Application to retake the exam, OT--$25.(4) Application to retake the exam, OTA--$25.(b) Temporary License.(1) Occupational Therapist--$70.(2) Occupational Therapy Assistant--$55.(c) Provisional License.(1) Occupational Therapist--$80.(2) Occupational Therapy Assistant--$75.(d) Active to Inactive Status.(1) Occupational Therapist--a fee to equal one-half the renewal fee.(2) Occupational Therapy Assistant--a fee to equal one-half the renewal fee.(e) Inactive Status to Active Status.(1) Occupational Therapist--a fee equal to the renewal fee.(2) Occupational Therapy Assistant--a fee equal to the renewal fee.(f) Renewal.(1) Active.(A) Occupational Therapist--$248.(B) Occupational Therapy Assistant--$184.(2) Inactive.(A) Occupational Therapist--a fee equal to one-half the renewal fee.(B) Occupational Therapy Assistant--a fee equal to one-half the renewal fee.(g) Retired Status.(1) Application--$25.(2) Renewal--$25.(h) Late Fees Renewal (all licensees).(1) Late 90 days or less--the renewal fee plus late fee which is equal to one-half of the renewal fee.(2) Late more than 90 days but less than one year--the renewal fee plus late fee which is equal to the renewal fee.(i) License Restoration Fee for all licensees--a fee equal to the renewal fee.", "sourceNote": "Source Note: The provisions of this §651.1 adopted to be effective August 18, 1995, 20 TexReg 5864; amended to be effective May 22, 1996, 21 TexReg 4225; amended to be effective August 16, 1996, 21 TexReg 7381; amended to be effective December 17, 2000, 25 TexReg 12394; amended to be effective September 1, 2001, 26 TexReg 3747; amended to be effective March 4, 2002, 27 TexReg 1496; amended to be effective June 2, 2002, 27 TexReg 4571; amended to be effective January 1, 2004, 28 TexReg 11095; amended to be effective December 2, 2004, 29 TexReg 11035; amended to be effective September 1, 2005, 30 TexReg 4834; amended to be effective October 12, 2006, 31 TexReg8369; amended to be effective January 1, 2010, 34 TexReg 9212; amended to be effective January 1, 2011, 35 TexReg 11258; amended to be effective February 14, 2013, 38 TexReg 644; amended to be effective January 1, 2016, 40 TexReg 8792; amended to be effective September 1, 2019, 44 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196341", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "28", "label": "EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS" }, "chapter": { "number": "651", "label": "FEES" }, "rule": { "number": "§651.2", "label": "Physical Therapy Board Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196342", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application/Permanent License.(1) PT--$190.(2) PTA--$125.(b) Application to Retake the Examination.(1) PT--$25.(2) PTA--$25.(c) Temporary License.(1) PT--$80.(2) PTA--$60.(d) Provisional License.(1) PT--$80.(2) PTA--$75.(e) Active to Inactive License.(1) PT--a fee equal to one-half of the renewal fee.(2) PTA--a fee equal to one-half of the renewal fee.(f) License Renewal.(1) Active license.(A) PT--$248.(B) PTA--$184.(2) Inactive License.(A) PT--a fee equal to one-half of the renewal fee.(B) PTA--a fee equal to one half of the renewal fee.(g) Inactive to Active License (Reactivation).(1) PT--a fee equal to the renewal fee.(2) PTA--a fee equal to the renewal fee.(h) Retired Status.(1) Application--$25.(2) Renewal--$25.(i) Late Fees--Renewal (all licensees).(1) Late 90 days or less--the renewal fee plus a late fee equal to one-half of the renewal fee.(2) Late more than 90 days, but less than one year--the renewal fee plus a fee equal to the renewal fee.(j) License Restoration (all licensees, under the conditions set out in §341.6 of the Physical Therapy Board Rules)--a fee equal to the renewal fee.(k) Compact Privilege Fee(1) Non military/spouse or veteran PT or PTA--$50.(2) Military/spouse or veteran PT or PTA--$0.00.", "sourceNote": "Source Note: The provisions of this §651.2 adopted to be effective May 28, 2001, 26 TexReg 3747; amended to be effective April 7, 2002, 27 TexReg 2437; amended to be effective June 2, 2002, 27 TexReg 4572; amended to be effective January 1, 2004, 28 TexReg 11095; amended to be effective December 2, 2004, 29 TexReg 11035; amended to be effective September 1, 2005, 30 TexReg 4834; amended to be effective October 12, 2006, 31 TexReg 8369; amended to be effective January 1, 2010, 34 TexReg 9212; amended to be effective January 1, 2011, 35 TexReg 11258; amended to be effective February 14, 2013, 38 TexReg 644; amended to be effective February 18, 2014, 39 TexReg 994;amended to be effective January 1, 2016, 40 TexReg 8792; amended to be effective March 1, 2018, 43 TexReg 1102; amended to be effective September 1, 2019, 44 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196342", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "28", "label": "EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS" }, "chapter": { "number": "651", "label": "FEES" }, "rule": { "number": "§651.3", "label": "Administrative Services Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194157", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Verification/Transfer of Licensure--$50.(b) Duplicate/Replacement License--$30.(c) Reinstatement of Suspended or Revoked License--$50.(d) Insufficient Funds Check Fee--$25.(e) ACH Return Fee--$25.(f) Preliminary Criminal History Evaluation Letter--$50.", "sourceNote": "Source Note: The provisions of this §651.3 adopted to be effective August 16, 1996, 21 TexReg 7381; amended to be effective January 1, 2004, 28 TexReg 11095; amended to be effective September 1, 2005, 30 TexReg 4835; amended to be effective January 1, 2010, 34 TexReg 9212; amended to be effective February 14, 2013, 38 TexReg 644; amended to be effective September 1, 2019, 44 TexReg 4481." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194157&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194157", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§681.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207852", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this chapter is to implement the provisions of Texas Occupations Code, Chapter 503 (the Licensed Professional Counselor Act, or the Act), concerning the licensing and regulation of professional counselors.", "sourceNote": "Source Note: The provisions of this §681.1 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective February 28, 2019, 44 TexReg 844." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207852", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§681.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194159", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, as used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.(1) Accredited school--An institution of higher education accredited by a regional accrediting agency recognized by the Council for Higher Education Accreditation, the Texas Higher Education Coordinating Board, or the United States Department of Education.(2) Act--The Licensed Professional Counselor Act, Texas Occupations Code, Chapter 503.(3) Art therapy--A form of counseling in which clients use art media, the creative process, and the resulting artwork to explore their feelings, reconcile emotional conflicts, foster self-awareness, manage behavior, develop social skills, improve reality orientation, reduce anxiety and increase self-esteem.(4) Board--The Texas State Board of Examiners of Professional Counselors.(5) Client(s)--A person(s) who requests and receives counseling services from a licensee or who has engaged in a therapeutic relationship with a licensee.(6) Consent for services--Process for receiving permission from the legally authorized person who agrees to services.(7) Consent Form--A document executed by the legally authorized person to ensure the client is aware of fees and arrangements for payment; counseling purposes, goals, and techniques; restrictions placed on the license by the Council; limits on confidentiality; intent of the licensee to use another individual to provide counseling treatment intervention to the client; supervision of the licensee by another licensed health care professional including the name, address, contact information, and qualifications of the supervisor; and the name, address, and telephone number of the Council for the purpose of reporting violations of the Act or this chapter.(8) Council--The Texas Behavioral Health Executive Council.(9) Counseling-related field--A mental health discipline using human development, psychotherapeutic, and mental health principles including, but not limited to, clinical or counseling psychology, psychiatry, social work, marriage and family therapy, and counseling and guidance. Non-counseling related fields include, but are not limited to, sociology, education, administration, dance therapy and theology.(10) Executive Director--The executive director for the Texas Behavioral Health Executive Council. The executive director may delegate responsibilities to other staff members.(11) Direct client contact--Time spent counseling clients.(12) Health care professional--Any person licensed, certified, or registered by the state in a health related profession.(13) Independent practice--The practice of providing professional counseling services to a client without the supervision of an LPC-S.(14) Indirect hours--Time spent in management, administration or other aspects of counseling service ancillary to direct client contact.(15) Jurisprudence exam--The Texas State Board of Examiners of Licensed Professional Counselors Jurisprudence exam. An online exam based upon the statutes and rules relating to the practice of counseling.(16) License--An LPC license, LPC license with art therapy specialty designation, or LPC Associate license issued by the Council.(17) Licensee---A person who holds an LPC license, LPC license with art therapy specialty designation, or LPC Associate license.(18) LPC--Licensed Professional Counselor. A person holding an LPC license as a professional counselor with authority to practice in independent practice.(19) LPC Associate--Licensed Professional Counselor Associate. A person who holds an LPC Associate license to practice counseling only under a Council-approved supervisor and not as an independent practitioner.(20) Recognized religious practitioner--A rabbi, clergyman, or person of similar status who is a member in good standing of and accountable to a denomination, church, sect or religious organization legally recognized under the Internal Revenue Code, 26 U.S.C. §501(c)(3) and other individuals participating with them in pastoral counseling if:(A) the counseling activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices of sponsorship of the legally recognized denomination, church, sect, religious organization or an integrated auxiliary of a church as defined in Federal Tax Regulations, 26 Code of Federal Regulations, L1.6033-2(g)(i)(2012);(B) the individual providing the service remains accountable to the established authority of that denomination, church, sect, religious organization or integrated auxiliary; and(C) the person does not use the title of or hold himself or herself out as a professional counselor.(21) Supervisor--An LPC approved by the Council as meeting the requirements set out in §681.93 of this title (relating to Supervisor Requirements) to supervise an LPC Associate.", "sourceNote": "Source Note: The provisions of this §681.2 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective November 21, 2004, 29 TexReg 10512; amended to be effective September 1, 2005, 30 TexReg 4978; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective May 20, 2012, 37 TexReg 3591; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective January 12, 2015, 40 TexReg 233; amended to be effective July 14, 2016, 41 TexReg 5057; amended to be effective February 28, 2019, 44 TexReg 844; amended to be effective November 19, 2020, 45 TexReg 8135; amended to be effective February 27, 2022,47 TexReg 770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194159", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§681.3", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201664", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board will hold at least two regular meetings and additional meetings as necessary during each fiscal year.(b) The chair may call meetings after consultation with board members or by a majority of members voting at a regular meeting.(c) Meetings will be announced and conducted under the provisions of the Texas Open Meetings Act, Texas Government Code, Chapter 551.", "sourceNote": "Source Note: The provisions of this §681.3 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective February 28, 2019, 44 TexReg 844." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201664&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201664", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§681.4", "label": "Transaction of Official Business" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201665", "queryAsDate": "03/11/2026" }, "ruleBody": "The board will transact official business only when in a legally constituted meeting with a quorum present.", "sourceNote": "Source Note: The provisions of this §681.4 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective September 1, 2005, 30 TexReg 4978; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective February 28, 2019, 44 TexReg 844; amended to be effective November 19, 2020, 45 TexReg 8135." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201665&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201665", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§681.5", "label": "Agendas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194163", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to each meeting the executive director or designee will prepare and submit an agenda to each member of the board which includes items requested by members, items required by law, and other matters of board business which have been approved for discussion by the chair.(b) The official agenda of a meeting will be filed with the Texas Secretary of State as required by law.", "sourceNote": "Source Note: The provisions of this §681.5 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective February 28, 2019, 44 TexReg 844; amended to be effective November 19, 2020, 45 TexReg 8135." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194163", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§681.7", "label": "Elections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194164", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the meeting held nearest to August 31 of each year, the board will elect a vice-chair.(b) A vacancy which occurs in the office of vice-chair may be filled at any regular meeting.", "sourceNote": "Source Note: The provisions of this §681.7 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective February 28, 2019, 44 TexReg 844." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194164", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§681.8", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201667", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The chair will preside at all meetings at which he or she is in attendance and perform all duties prescribed by law or this chapter.(b) The chair is authorized by the board to make day-to-day decisions regarding board activities in order to facilitate the responsiveness and effectiveness of the board.(c) The vice-chair will perform the duties of the chair in case of the absence or disability of the chair.(d) In case the office of the chair becomes vacant, the vice-chair will serve until a successor is appointed.", "sourceNote": "Source Note: The provisions of this §681.8 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective February 28, 2019, 44 TexReg 844." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201667&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201667", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§681.9", "label": "Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201668", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board or the chair may establish committees deemed necessary to fulfill board responsibilities.(b) The chair may appoint members of the board to serve on committees and will designate a chair for each committee.(c) Only members of the board may be appointed to a board committee.(d) Committee chairs will preside at all committee meetings and will make regular reports to the board.(e) Committees may direct all reports or other materials to the executive director or designee for distribution.(f) Committees will meet when called by the committee chair or when so directed by the board.(g) Each committee will consist of at least one public member and one professional member, unless the board chair or vice chair authorizes otherwise.", "sourceNote": "Source Note: The provisions of this §681.9 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective May 4, 2006, 31 TexReg 3535; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective July 14, 2016, 41 TexReg 5057; amended to be effective February 28, 2019, 44 TexReg 844; amended to be effective November 19, 2020, 45 TexReg 8135." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201668&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201668", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§681.11", "label": "Reimbursement for Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201669", "queryAsDate": "03/11/2026" }, "ruleBody": "A board member is entitled to receive travel reimbursement as provided by the Texas General Appropriations Act.", "sourceNote": "Source Note: The provisions of this §681.11 adopted to be effective September 1, 2003, 28 TexReg 4134; amended to be effective April 27, 2008, 33 TexReg 3268; amended to be effective December 12, 2013, 38 TexReg 8889; amended to be effective February 28, 2019, 44 TexReg 844; amended to be effective November 19, 2020, 45 TexReg 8135." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201669&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201669", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.31", "label": "Counseling Methods and Practices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215066", "queryAsDate": "03/11/2026" }, "ruleBody": "The use of specific methods, techniques, or modalities within the practice of professional counseling is limited to professional counselors appropriately trained and competent in the use of such methods, techniques, or modalities. Authorized counseling methods, techniques and modalities may include, but are not restricted to, the following:(1) individual counseling, which uses interpersonal, cognitive, cognitive-behavioral, behavioral, psychodynamic, and affective methods and strategies to achieve mental, emotional, physical, social, moral, educational, career, and spiritual development and adjustment through the life span;(2) group counseling, which uses interpersonal, cognitive, cognitive-behavioral, behavioral, psychodynamic, and affective methods and strategies to achieve mental, emotional, physical, social, moral, educational, spiritual, and career development and adjustment through the life span;(3) marriage/couples counseling, which uses interpersonal, cognitive, cognitive-behavioral, behavioral, psychodynamic, affective and family systems methods and strategies to achieve resolution of problems associated with cohabitation and interdependence of adults living as couples;(4) family counseling, which uses interpersonal, cognitive, cognitive-behavioral, behavioral, psychodynamic, affective and family systems methods and strategies with families to achieve mental, emotional, physical, moral, social, educational, spiritual, and career development and adjustment through the life span;(5) addictions counseling, which uses interpersonal, cognitive, cognitive-behavioral, behavioral, psychodynamic, affective methods and strategies, and 12-step methods to achieve abstinence from the addictive substances and behaviors by the client;(6) rehabilitation counseling, which uses interpersonal, cognitive, cognitive-behavioral, behavioral, psychodynamic, and affective methods and strategies to achieve adjustment to a disabling condition and to reintegrate the individual into the mainstream of society;(7) education counseling, which uses formal and informal counseling methods and assessments and appraisal instruments for the purpose of determining strength, weakness, mental condition, emotional stability, intellectual ability, interest, skill, aptitude, achievement, and other personal characteristics of individuals for the selection of and placement in educational settings, preschool through postdoctoral study;(8) career development counseling, which uses formal and informal counseling methods and appraisal instruments for the purpose of determining intellectual ability, interest, skill, aptitude, achievement, mental condition, emotional fitness, and other personal characteristics for occupational, vocational, and career selection and placement throughout the life span;(9) sexual issues counseling, which uses interpersonal, cognitive, cognitive-behavioral, behavioral, psychodynamic, and affective methods and strategies in the resolution of sexual disorders;(10) referral counseling, which uses the processes of evaluating and identifying needs of clients to determine the advisability of referral to other specialists, informing the client of such judgment and communicating as requested or deemed appropriate to such referral sources;(11) psychotherapy, which uses interpersonal, cognitive, cognitive-behavioral, behavioral, psychodynamic, and affective methods and/or strategies to assist clients in their efforts to recover from mental or emotional issues;(12) play therapy, which uses play and play media as the child's natural medium of self-expression, and verbal tracking of the child's play behaviors and feelings as a part of the therapist's role in helping children overcome their social, emotional, and behavioral issues;(13) hypnotherapy, which uses the principles of hypnosis and post-hypnotic suggestion in the treatment of mental and emotional issues and addictions;(14) expressive modalities used in the treatment of interpersonal, emotional or mental health issues, chemical dependency, or human developmental issues. Modalities include but are not limited to, music, art, dance movement, or the use of techniques employing animals in providing treatment;(15) biofeedback, which uses electronic equipment to monitor and provide feedback regarding an individual's physiological responses. The counselor who uses biofeedback must be able to prove academic preparation and supervision in the use of the equipment as a part of the counselor's academic program or the substantial equivalent provided through approved continuing education;(16) assessing and appraising, in compliance with §681.43 of this title (relating to Testing), which uses formal and informal instruments and procedures, for which the counselor has received appropriate training and supervision, in individual and group settings for the purposes of determining the client's strengths and weaknesses, mental status, emotional stability, intellectual ability, interests, aptitudes, achievement level and other characteristics for diagnosing mental health disorders; but does not permit the diagnosis of a physical condition or physical disorder;(17) consulting, which uses the application of specific principles and procedures in counseling to provide assistance in understanding and solving current or potential problems that the consultee may have in relation to a third party, whether individuals, groups, or organizations but not considered direct client contact for LPC Associates; and(18) crisis counseling, which focuses on short term counseling interventions to address immediate situations including factors such as safety and immediate needs.", "sourceNote": "Source Note: The provisions of this §681.31 adopted to be effective November 19, 2020, 45 TexReg 8139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215066", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.35", "label": "Informed Consent" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215067", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Regardless of setting, a licensee must provide counseling only in the context of a professional relationship. Prior to providing services, a licensee must obtain from an individual a signed informed consent, signed written receipt of information, or in the case of involuntary treatment a copy of the appropriate court order, including the following:(1) fees and arrangements for payment;(2) counseling purposes, goals, and techniques;(3) any restrictions placed on the license by the Council;(4) the limits on confidentiality;(5) any intent of the licensee to use another individual to provide counseling treatment intervention to the client;(6) supervision of the licensee by another licensed health care professional including the name, address, contact information and qualifications of the supervisor;(7) the name, address and telephone number of the Council for the purpose of reporting violations of the Act or this chapter; and(8) the established plan for the custody and control of the client's mental health records in the event of the licensee's death or incapacity, or the termination of the licensee's counseling practice.(b) A licensee must inform the client in writing of any changes to the items in subsection (a) of this section, prior to initiating the change.(c) Prior to the commencement of counseling services to a minor client who is named in a custody agreement or court order, a licensee must obtain and review a current copy of the custody agreement or court order, as well as any applicable part of the divorce decree. A licensee must maintain these documents in the client's record and abide by the documents at all times. When federal or state statutes provide an exemption to secure consent of a parent or guardian prior to providing services to a minor, a licensee must follow the protocol set forth in such federal or state statutes.(d) A licensee acting within the scope of employment with an agency or institution is not required to obtain a signed informed consent, but must document, in writing, that the licensee informed the client of the information required by subsection (a) of this section and that the client consented.", "sourceNote": "Source Note: The provisions of this §681.35 adopted to be effective September 21, 2023, 48 TexReg 5138." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215067&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215067", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.36", "label": "Client Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224452", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For each client, a licensee must keep accurate records of:(1) signed informed consent, signed written receipt of information, or, in the case of involuntary treatment, a copy of the appropriate court order;(2) intake assessment;(3) dates of counseling treatment intervention;(4) principal treatment methods;(5) progress notes;(6) treatment plan; and(7) billing information.(b) In the absence of applicable state and federal laws, rules or regulations, records held by a licensee must be kept for a minimum of seven (7) years from the date of termination of services with the client, or five (5) years after the client reaches the age of majority, whichever is greater.(c) Records created by a licensee during the scope of employment with an agency or institution must be maintained by the licensee unless the records are maintained by the employer.", "sourceNote": "Source Note: The provisions of this §681.36 adopted to be effective September 21, 2023, 48 TexReg 5140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224452&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224452", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.37", "label": "Billing and Financial Arrangements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215069", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Billing Requirements.(1) A licensee must bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual written agreement.(2) Relationships between a licensee and any other person used by the licensee to provide services to a client must be so reflected on billing documents.(3) Upon the written request of a client, a client's guardian, or a client's parent (sole managing, joint managing or possessory conservator) if the client is a minor, a licensee must provide, in plain language, a written explanation of the types of treatment and charges for counseling treatment intervention previously made on a bill or statement for the client. This requirement applies even if the charges are to be paid by a third party.(4) A licensee may not knowingly overcharge a client.(5) A licensee may not submit to a client or a third party payor a bill for counseling treatment intervention the licensee knows or should know is improper, unreasonable, or unnecessary. However, nothing in this rule should be construed to prevent a licensee from submitting a bill for an unkept appointment.(b) In accordance with §503.401(a)(4) of the Act, a licensee must not intentionally or knowingly offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, corporation, or entity for securing or soliciting clients or patronage.(c) A licensee employed or under contract with a chemical dependency facility or a mental health facility must comply with the requirements in the Texas Health and Safety Code, §164.006, relating to soliciting and contracting with certain referral sources.", "sourceNote": "Source Note: The provisions of this §681.37 adopted to be\r\neffective September 21, 2023, 48 TexReg 5141; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1905." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215069&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215069", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.38", "label": "Conflicts, Boundaries, Dual Relationships, and Termination of Relationships" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224453", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee must not engage in activities for the licensee's personal gain at the expense of a client.(b) A licensee may promote the licensee's personal or business activities to a client if such activities, services or products are to facilitate the counseling process or help achieve the client's counseling goals. Prior to engaging in any such activities, services or product sales with the client, the licensee must first inform the client of the licensee's personal and/or business interest therein. A licensee must not exert undue influence in promoting such activities, services or products.(c) A licensee must set and maintain professional boundaries.(d) Except as provided by this subchapter, non-therapeutic relationships with clients are prohibited.(1) A non-therapeutic relationship is any non-counseling activity initiated by either the licensee or client that results in a relationship unrelated to therapy.(2) A licensee may not engage in a non-therapeutic relationship with a client if the relationship begins less than two (2) years after the end of the counseling relationship.(3) A licensee may not engage in a romantic relationship or sexual contact with a client within five (5) years after the end of the counseling relationship.(4) For purposes of paragraphs (2) and (3) of this subsection, the licensee must be able to demonstrate the relationship was consensual, not the result of exploitation by or on the part of the licensee, and that the non-therapeutic relationship is not detrimental to the client in light of all relevant factors, including, but not limited to, the factors set forth in §681.42(b)(4)(A) - (G) of this title (relating to Sexual Misconduct).(5) The licensee must not provide counseling services to previous or current:(A) family members;(B) personal friends;(C) educational associates; or(D) business associates.(6) The licensee must not give or accept a gift from a client or a relative of a client valued at more than $50, borrow or lend money or items of value to clients or relatives of clients, or accept payment in the form of goods or services rendered by a client or relative of a client.(7) The licensee must not enter into a non-professional relationship with a client's family member or any person having a personal or professional relationship with a client if the licensee knows or reasonably should have known such a relationship could be detrimental to the client.(e) The licensee must not knowingly offer or provide counseling to an individual concurrently receiving counseling treatment intervention from another mental health services provider except with that provider's knowledge. If a licensee learns of such concurrent therapy, the licensee must request release from the client to inform the other professional and strive to establish positive and collaborative professional relationships.(f) A licensee must terminate a professional counseling relationship when it is reasonably clear the client is not benefiting from the relationship.(g) Upon termination of a relationship if professional counseling is still necessary, the licensee must take reasonable steps to facilitate the transfer to appropriate care.", "sourceNote": "Source Note: The provisions of this §681.38 adopted to be effective September 21, 2023, 48 TexReg 5142." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224453&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224453", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.41", "label": "General Ethical Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201671", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee must not make any false, misleading, deceptive, fraudulent or exaggerated claim or statement about the licensee's services, including, but not limited to:(1) the effectiveness of services;(2) the licensee's qualifications, capabilities, background, training, experience, education, professional affiliations, fees, products, or publications; or(3) the practice or field of counseling.(b) A licensee must not make any false, misleading, deceptive, fraudulent or exaggerated claim or statement about the services of a mental health organization or agency, including, but not limited to, the effectiveness of services, qualifications, or products.(c) Technological means of communication may be used to facilitate the therapeutic counseling process.(d) A licensee may take reasonable action to inform medical or law enforcement personnel if the licensee determines there is a probability of imminent physical injury by the client to the client or others, or there is a probability of immediate mental or emotional injury to the client.(e) The licensee must take reasonable precautions to protect clients from physical or emotional harm resulting from interaction: (1) within a group; or(2) individual counseling.(f) A licensee must not evaluate any individual's mental, emotional, or behavioral condition unless the licensee has personally interviewed the individual or the licensee discloses in the evaluation the licensee has not personally interviewed the individual. (g) A licensee must not knowingly overtreat a client.(h) A licensee must not aid or abet the unlicensed practice of professional counseling by a person required to be licensed under the Act.(i) A licensee must report to the Council knowledge of any unlicensed practice of counseling.(j) A licensee or an applicant must not participate in the falsification of any materials submitted to the Council.(k) A licensee must not provide services while impaired by a physical, mental, or medical condition or by medication, drugs or alcohol.", "sourceNote": "Source Note: The provisions of this §681.41 adopted to be\r\neffective November 19, 2020, 45 TexReg 8139; amended to be effective\r\nNovember 21, 2021, 46 TexReg 7783; amended to be effective September\r\n21, 2023, 48 TexReg 5143; amended to be effective March 17, 2025,\r\n50 TexReg 1906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201671&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201671", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.42", "label": "Sexual Misconduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201672", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purpose of this section, the following terms have the following meanings.(1) \"Mental health provider\" means a licensee or any other licensed mental health professional, including a licensed social worker, a chemical dependency counselor, a licensed marriage and family therapist, a physician, a psychologist, or a member of the clergy. Mental health provider also includes employees of these individuals or employees of a treatment facility.(2) Sexual contact means:(A) deviate sexual intercourse as defined by the Texas Penal Code, §21.01;(B) sexual contact as defined by the Texas Penal Code, §21.01;(C) sexual intercourse as defined by the Texas Penal Code, §21.01; or(D) requests or offers by a licensee for conduct described by subparagraph (A), (B), or (C) of this paragraph.(3) \"Sexual exploitation\" means a pattern, practice, or scheme of conduct, including sexual contact, that can reasonably be construed as being for the purposes of sexual arousal gratification or sexual abuse of any person. The term does not include obtaining information about a client's sexual history within standard accepted practice while treating a sexual or relationship dysfunction.(4) \"Therapeutic deception\" means a representation by a licensee that sexual contact with, or sexual exploitation by, the licensee is consistent with, or a part of, a client's or former client's counseling.(b) A licensee must not engage in sexual contact with or sexual exploitation of a person who is:(1) a client;(2) an LPC Associate supervised by the licensee; or(3) a student of a licensee at an educational institution at which the licensee provides professional or educational services.(4) Sexual contact that occurs more than five years after the termination of the client relationship, cessation of supervision of an LPC Associate, or termination of professional or educational services provided to a student of the licensee at a post-secondary educational institution will not be deemed a violation of this section, if the conduct is consensual, not the result of sexual exploitation, and not detrimental to the client. The licensee must demonstrate there has been no exploitation in light of all relevant factors, including, but not limited to:(A) the amount of time that has passed since therapy terminated;(B) the nature and duration of the therapy;(C) the circumstances of termination;(D) the client's, LPC Associate's, or student's personal history;(E) the client's, LPC Associate's, or student's current mental status;(F) the likelihood of adverse impact on the client, LPC Associate, or student and others; and(G) any statements or actions made by the licensee during the course of therapy, supervision, or educational services suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client, LPC Associate, or student.(c) A licensee must not practice therapeutic deception of a client.(d) It is not a defense under subsections (b) - (c) of this section, the sexual contact, sexual exploitation, or therapeutic deception with the client, LPC Associate, or student occurred:(1) with the consent of the client, LPC Associate, or student;(2) outside the professional counseling sessions of the client or student; or(3) off the premises regularly used by the licensee for the professional, supervisory, or educational services provided to the client, LPC Associate, or student.(e) The following may constitute sexual exploitation if done for the purpose of sexual arousal or gratification or sexual abuse of any person:(1) sexual harassment, sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, and:(A) is offensive or creates a hostile environment, and the licensee knows, should know, or is told this; or(B) is sufficiently severe or intense to be abusive to a reasonable person in the context;(2) any behavior, gestures, or expressions which may reasonably be interpreted as seductive or sexual;(3) sexual comments about or to a person, including making sexual comments about a person's body;(4) making sexually demeaning comments about an individual's sexual orientation;(5) making comments about potential sexual performance except when the comment is pertinent to the issue of sexual function or dysfunction in counseling;(6) requesting details of sexual history or sexual likes and dislikes when not necessary for counseling of the individual;(7) initiating conversation regarding the sexual problems, preferences, or fantasies of the licensee;(8) kissing or fondling;(9) making a request for a date;(10) any other deliberate or repeated comments, gestures, or physical acts not constituting sexual intimacies but of a sexual nature;(11) any bodily exposure of genitals, anus or breasts;(12) encouraging another to masturbate in the presence of the licensee; or(13) masturbation by the licensee when another is present.(f) A licensee must report sexual misconduct as follows:(1) If a licensee has reasonable cause to suspect a client, LPC Associate, or student has been the victim of sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health provider, or if a client, LPC Associate, or student alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider, the licensee must report the alleged conduct not later than the third business day after the date the licensee became aware of the conduct or the allegations to:(A) the prosecuting attorney in the county in which the alleged sexual exploitation, sexual contact or therapeutic deception occurred; and(B) the Council and any other state licensing agency which licenses the mental health provider if the conduct involves a licensed individual.(2) Before making a report under this subsection, the reporter must inform the alleged victim of the reporter's duty to report and must determine if the alleged victim wants to remain anonymous.(3) A report under this subsection must:(A) identify the reporter;(B) identify the alleged victim, unless the alleged victim has requested anonymity;(C) express suspicion sexual exploitation, sexual contact, or therapeutic deception occurred; and(D) provide the name of the alleged perpetrator.", "sourceNote": "Source Note: The provisions of this §681.42 adopted to be effective November 19, 2020, 45 TexReg 8139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201672&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201672", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.43", "label": "Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201674", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to or following the administration of any test, a licensee must make known to clients the purposes and explicit use to be made of the test as a part of a professional counseling relationship.(b) A licensee must not appropriate, reproduce, or modify copyrighted tests or any parts thereof without the acknowledgment and permission of the copyright owner.(c) A licensee must not administer any test without the appropriate training and experience to administer and interpret the test.(d) A licensee must observe the necessary precautions to maintain the security of any test administered by the license or under the licensee's supervision.(e) In accordance with the §503.003(b)(1) of the Act, the use of standardized projective techniques is prohibited. This prohibition includes, but is not limited to, the Rorschach Inkblot Test, the Holtzman Inkblot Test, the Thematic Apperception Test, the Children's Apperception Test, and the Senior Apperception Test.", "sourceNote": "Source Note: The provisions of this §681.43 adopted to be effective November 19, 2020, 45 TexReg 8139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201674&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201674", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.45", "label": "Confidentiality and Required Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201675", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Communication between a licensee and client and the client's records, however created or stored, are confidential under the provisions of the Texas Health and Safety Code Chapter 611 and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice.(b) A licensee must not disclose any communication, record, or identity of a client except as provided in Texas Health and Safety Code Chapter 611 or other state or federal statutes or rules.(c) A licensee must comply with Texas Health and Safety Code, Chapters 181 and 611, concerning access to mental health records and confidential information.(d) A licensee must report information as required by Council §§882.36 (relating to Compliance with State and Federal Law) and 884.32 (relating to Reportable Legal Action and Discipline) and the following statutes:(1) Texas Family Code Chapter 261, Subchapter B, concerning report of abuse or neglect of minors;(2) Texas Human Resources Code Chapter 48, Subchapter B, concerning reports of abuse, neglect, or exploitation of elderly or disabled persons;(3) Texas Health and Safety Code Chapter 161, Subchapter L, concerning abuse, neglect, and unprofessional or unethical conduct in health care facilities;(4) Texas Civil Practice and Remedies Code, §81.006, concerning duty to report sexual exploitation by a mental health provider; and(5) A licensee must comply with Texas Occupations Code §109.051 relating to the release of treatment information concerning the treatment of a sex offender.", "sourceNote": "Source Note: The provisions of this §681.45 adopted to be effective November 19, 2020, 45 TexReg 8139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201675&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201675", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.46", "label": "Licensees and the Council" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224454", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees are bound by the provisions of the Act and this chapter as well as the Council's rules and statutes.(b) A licensee has the responsibility of reporting alleged violations of the Act or this chapter to the Council.", "sourceNote": "Source Note: The provisions of this §681.46 adopted to be effective November 19, 2020, 45 TexReg 8139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224454&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224454", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.49", "label": "Advertising and Announcements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201678", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Information used by a licensee in any advertisement or announcement must not contain information which is false, inaccurate, misleading, incomplete, out of context, deceptive or not readily verifiable. Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, and billing statements.(b) False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes advertising that:(1) makes any misrepresentation of fact or omits a fact necessary to make the statement misleading;(2) makes any representation likely to create an unjustified expectation about the results of a mental health care service or procedure; (3) compares a mental health care professional's services with another health care professional's services unless the comparison can be factually substantiated;(4) contains a testimonial that includes false, deceptive, or misleading statements, or fails to include disclaimers or warnings as to the credentials of the person making the testimonial;(5) causes confusion or misunderstanding as to the credentials, education, or licensure of a mental health care professional; (6) advertises or represents that health care insurance deductibles or co-payments may be waived or are not applicable to health care services to be provided if the deductibles or co-payments are required;(7) advertises or represents that the benefits of a health benefit plan will be accepted as full payment when deductibles or co-payments are required; or(8) advertises or represents in the use of a professional name a title or professional identification that is expressly or commonly reserved for or used by another profession or professional.(c) A licensee who retains or hires others to advertise or promote the licensee's practice remains responsible for the statements and representations.(d) The highest academic degree in counseling or a counseling-related field earned from an accredited school may be used when advertising or announcing counseling treatment intervention to the public or in counseling-related professional representations. A degree in counseling or a counseling-related field received at a foreign university may be used if the degree would be accepted as a transfer degree by an accredited school.(e) Notwithstanding the foregoing, a licensee may advertise or announce his or her other degrees from an accredited school if the subject of the degree is specified.(f) The Council imposes no restrictions on advertising by a licensee with regard to the use of any medium, the licensee's personal appearance, or the use of his or her personal voice, the size or duration of an advertisement by a licensee, or the use of a trade name.(g) All advertisements or announcements of counseling including telephone directory listings by a person licensed by the Council must clearly state the licensee's licensure status by the use of a title such as \"Licensed Counselor\", or \"Licensed Professional Counselor\", or \"LPC\", or a statement such as \"licensed by the Texas Behavioral Health Executive Council\" with reference to the \"Texas State Board of Examiners of Professional Counselors.\"(h) An LPC Associate must indicate Associate status on all advertisements, billing, and announcements of counseling treatment by the use of the term \"LPC Associate. \"On all advertisements, billings and announcements of counseling treatment by an LPC Associate, the Associate's name must be followed by the name of the supervisor.(i) A licensee is required to hold the art therapy specialty designation in order to use the title \"art therapist\" or the initials \"AT.\" A licensee who does not hold the designation may use art therapy as a counseling method but may not use the title or initials.(j) A licensed professional counselor who is a Council-approved supervisor may use the designation \"LPC-S\" when advertising their supervisory status.", "sourceNote": "Source Note: The provisions of this §681.49 adopted to be\r\neffective November 19, 2020, 45 TexReg 8139; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1908." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201678&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201678", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.50", "label": "Research and Publications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201679", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In research with a human participant, a licensee must take reasonable precautions to ensure that the participant does not suffer emotional or physical harm.(b) A licensee must ensure the full protection of a client's identity when using data obtained from a professional counseling relationship for the purposes of education or research.(c) When conducting or reporting research, a licensee must give recognition to previous work on the topic as well as observe all copyright laws.(d) A licensee must give due credit through joint authorship, acknowledgment, footnote statements, or other appropriate means to the person/persons who have contributed significantly to the licensee's research or publication.", "sourceNote": "Source Note: The provisions of this §681.50 adopted to be effective November 19, 2020, 45 TexReg 8139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201679&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201679", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.51", "label": "Parenting Coordination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215071", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Texas Family Code, §153.601(3), \"parenting coordinator\" means an impartial third party:(1) who, regardless of the title by which the person is designated by the court, performs any function described in Texas Family Code, §153.606, in a suit; and(2) who:(A) is appointed under Texas Family Code, Chapter 153, Subchapter K (relating to Parenting Plan, Parenting Coordinator, and Parenting Facilitator) by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through confidential procedures; and(B) is not appointed under another statute or a rule of civil procedure.(b) A licensee who serves as a parenting coordinator has a duty to provide the following information in writing to the parties of the suit about the responsibility of the licensee and the role of the appointed court.(1) A licensee, who serves as a parenting coordinator, is not acting under the authority of a license issued by the Council and is not engaged in the practice of professional counseling. The services provided by the licensee who serves as a parenting coordinator are not within the jurisdiction of the Council, but rather the jurisdiction of the appointing court.(2) Records of a licensee serving as a parenting coordinator are confidential under Texas Civil Practice and Remedies Code, §154.073. Licensees serving as a confidential parenting coordinator must comply with the Texas Civil Practice and Remedies Code, Chapter 154.(3) A licensee must not provide professional counseling services to any person while simultaneously providing parenting coordination services. This section does not apply if the court enters a finding that mental health services are not readily available in the location where the parties reside.", "sourceNote": "Source Note: The provisions of this §681.51 adopted to be effective November 19, 2020, 45 TexReg 8139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215071", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.52", "label": "Parenting Facilitation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201681", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Texas House Bill 1012, 81st Legislature, 2009, and Family Code, Chapter 153, this section establishes the practice standards for licensees who desire to serve as parenting facilitators.(b) In accordance with Texas Family Code, §153.601(3-a), a \"parenting facilitator\" means an impartial third party:(1) who, regardless of the title by which the person is designated by the court, performs any function described by Texas Family Code, §153.6061, in a suit; and(2) who:(A) is appointed under Texas Family Code, Chapter 153, Subchapter K (relating to Parenting Plan, Parenting Coordinator, and Parenting Facilitator) by the court on its own motion or on a motion or agreement of the parties to assist parties in resolving parenting issues through procedures that are not confidential; and(B) is not appointed under another statute or a rule of civil procedure.(c) Notwithstanding any other provision of this chapter, licensees who desire to serve as parenting facilitators must comply with all applicable requirements of the Texas Family Code, Chapter 153, and this section. Licensees must also comply with all requirements of this chapter unless a provision is clearly inconsistent with the Texas Family Code, Chapter 153, or this section.(d) In accordance with Texas Family Code, §153.6102(e), a licensee serving as a parenting facilitator must not provide other professional counseling services to any person while simultaneously providing parent facilitation services. This section does not apply if the court enters a finding that mental health services are not readily available in the location where the parties reside.(e) In accordance with Texas Family Code, §153.6101(b)(1), a licensed professional counselor associate must not serve as a parenting facilitator.(f) A licensee serving as a parenting facilitator utilizes child-focused alternative dispute resolution processes, assists parents in implementing their parenting plan by facilitating the resolution of disputes in a timely manner, educates parents about children's needs, and engages in other activities as referenced in Texas Family Code, Chapter 153.(g) A licensee serving as a parent facilitator must assist the parties involved in reducing harmful conflict and in promoting the best interests of the children.(h) A licensee serving as a parenting facilitator functions in four primary areas in providing services.(1) Conflict management function--The primary role of the parenting facilitator is to assist the parties to work out disagreements regarding the children to minimize conflict. To assist the parents in reducing conflict, the parenting facilitator may monitor the electronic or written exchanges of parent communications and suggest productive forms of communication that limit conflict between the parents.(2) Assessment function--A parenting facilitator must review applicable court orders, including protective orders, social studies, and other relevant records to analyze the impasses and issues as brought forth by the parties.(3) Educational function--A parenting facilitator must educate the parties about child development, divorce, the impact of parental behavior on children, parenting skills, and communication and conflict resolution skills.(4) Coordination/case management function--A parenting facilitator must work with the professionals and systems involved with the family (for example, mental health, health care, social services, education, or legal) as well as with extended family, stepparents, and significant others as necessary.(i) A licensee, serving as a parenting facilitator, must be alert to the reasonable suspicion of acts of domestic violence directed at a parent, a current partner, or children. The parenting facilitator must adhere to protection orders, if any, and take reasonable measures to ensure the safety of the participants, the children and the parenting facilitator, while understanding that even with appropriate precautions a guarantee that no harm will occur can be neither stated nor implied.(j) In order to protect the parties and children in domestic violence cases involving power, control and coercion, a parenting facilitator must tailor the techniques used so as to avoid offering the opportunity for further coercion.(k) A licensee serving as a parent facilitator must be alert to the reasonable suspicion of substance abuse by parents or children, as well as mental health impairment of a parent or child.(l) A licensee serving as a parenting facilitator must not provide legal advice.(m) A licensee serving as a parenting facilitator must serve by written agreement of the parties and/or formal order of the court.(n) A licensee serving as a parenting facilitator must not initiate providing services until the licensee has received and reviewed the fully executed and filed court order or the signed agreement of the parties.(o) A licensee serving as a parenting facilitator must maintain impartiality in the process of parenting facilitation. Impartiality means freedom from favoritism or bias in word, action, or appearance, and includes a commitment to assist all parties, as opposed to any one individual.(p) A licensee serving as a parenting facilitator:(1) must terminate or withdraw services if the licensee determines the licensee cannot act in an impartial or objective manner;(2) must not give or accept a gift, favor, loan or other item of value from any party having an interest in the parenting facilitation process;(3) must not coerce or improperly influence any party to make a decision;(4) must not intentionally or knowingly misrepresent or omit any material fact, law, or circumstance in the parenting facilitator process; and(5) must not accept any engagement, provide any service, or perform any act outside the role of parenting facilitation that would compromise the facilitator's integrity or impartiality in the parenting facilitation process.(q) A licensee serving as a parenting facilitator may make referrals to other professionals to work with the family, but must avoid actual or apparent conflicts of interest by referrals. No commissions, rebates, or similar remuneration must be given or received by a licensee for parenting facilitation or other professional referrals.(r) A licensee serving as a parenting facilitator should attempt to bring about resolution of issues by agreement of the parties; however, the parenting facilitator is not acting in a formal mediation role. An effort towards resolving an issue, which may include therapeutic, mediation, education, and negotiation skills, does not disqualify a licensee from making recommendations regarding any issue that remains unresolved after efforts of facilitation.(s) A licensee serving as a parenting facilitator must communicate with all parties, attorneys, children, and the court in a manner which preserves the integrity of the parenting facilitation process and considers the safety of the parents and children.(t) A licensee serving as a parenting facilitator:(1) may meet individually or jointly with the parties, as deemed appropriate by the parenting facilitator, and may interview the children;(2) may interview any individuals who provide services to the children to assess the children's needs and wishes; and(3) may communicate with the parties through face-to-face meetings or electronic communication.(u) A licensee serving as a parenting facilitator must, prior to the beginning of the parenting facilitation process and in writing, inform the parties of:(1) the limitations on confidentiality in the parenting facilitation process; and(2) the basis of fees and costs and the method of payment including any fees associated with postponement, cancellation and/or nonappearance, and the parties' pro rata share of the fees and costs as determined by the court order or written agreement of the parties.(v) Information obtained during the parenting facilitation process must not be shared outside the parenting facilitation process except for professional purposes, as provided by court order, by written agreement of the parties, or as directed by the Council.(w) In the initial session with each party, a licensee serving as a parenting facilitator must review the nature of the parenting facilitator's role with the parents to ensure that they understand the parenting facilitation process.(x) A licensee serving as a parenting facilitator:(1) must comply with all mandatory reporting requirements, including but not limited to Texas Family Code Chapter 261, concerning abuse or neglect of minors;(2) must report to law enforcement or other authorities if they have reason to believe that any participant appears to be at serious risk to harm themselves or a third party;(3) must maintain records necessary to support charges for services and expenses and must make a detailed accounting of those charges to the parties and their counsel if requested to do so;(4) must maintain notes regarding all communications with the parties, the children, and other persons with whom they speak about the case; and(5) must maintain records in a manner that is professional, legible, comprehensive, and inclusive of information and documents that relate to the parenting facilitation process and that support any recommendations made by the licensee.(y) Records of a licensee serving as a parenting facilitator, are not mental health records and are not subject to the disclosure requirements of Texas Health and Safety Code, Chapter 611. At a minimum, records must be maintained for the period of time described in §681.36 of this title (relating to Client Records), or as otherwise directed by the court.(z) Records of a licensee serving as a parenting facilitator must be released on the request of either parent, as directed by the court, or as directed by the Council.(aa) Charges for parenting facilitation services must be based upon the actual time expended by the parenting facilitator or as directed by the written agreement of the parties and/or formal order of the court.(bb) All fees and costs must be appropriately divided between the parties as directed by the court order of appointment and/or as noted in the parenting facilitators' written fee disclosure to the parties.(cc) Fees may be disproportionately divided fees if one parent is disproportionately creating a need for services and if such a division is outlined in the court order of appointment and/or as noted in the parenting facilitators' written fee disclosure to the parties.(dd) Services and activities for which a licensee serving as a parenting facilitator may charge include time spent interviewing parents, children and collateral sources of information; preparation of agreements, correspondence, and reports; review of records and correspondence; telephone and electronic communication; travel; court preparation; and appearances at hearings, depositions and meetings.(ee) The minimum training for a licensee serving as a parent facilitator that is required by Texas Family Code, §153.6101(b)(2) is:(1) eight hours of family violence dynamics training provided by a family violence service provider;(2) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court;(3) 24 classroom hours of training in the fields of family dynamics, child development, family law; and(4) 16 hours of training in the laws and Council rules governing parent coordination and facilitation, and the multiple styles and procedures used in different models of service.(ff) A licensee serving as a parent facilitator must decline an appointment, withdraw, or request appropriate assistance when the facts and circumstances of the case are beyond the licensee's skill or expertise.(gg) Since parenting facilitation services are addressed under multiple titles in different jurisdictions nationally, acceptability of training to meet the requirements of subsection (ee) of this section, is based on functional skills taught during the training rather than the use of specific titles or names.", "sourceNote": "Source Note: The provisions of this §681.52 adopted to be effective November 19, 2020, 45 TexReg 8139; amended to be effective September 21, 2023, 48 TexReg 5144." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201681&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201681", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§681.53", "label": "Child Custody Evaluation, Adoption Evaluation, and Evaluations in Contested Adoptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201686", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees must comply with Texas Family Code, Chapter 107, Subchapters D, E, and F concerning Child Custody Evaluation, Adoption Evaluation, and Evaluations in Contested Adoptions.(b) A licensee who has completed a doctoral degree and at least 10 court-ordered child custody evaluations under the supervision of an individual qualified by Texas Family Code, Chapter 107 to perform child custody evaluations is qualified to conduct child custody evaluations under Texas Family Code, Chapter 107. All other licensees must comply with qualifications stipulated in Texas Family Code, Chapter 107.(c) Any complaint relating to the outcome of a child custody evaluation or adoption evaluation conducted by a licensee must be reported to the court that ordered the evaluation, see Council §884.3.(d) Disclosure of confidential information in violation of Texas Family Code, §107.111 or §107.163 is grounds for disciplinary action, up to and including revocation of license, by the Council.(e) A licensee who provides services concerning a matter which the licensee knows or should know will be utilized in a legal proceeding, such as a divorce, child custody determination, disability claim, or criminal prosecution, must comply with all applicable Council rules regardless of whether the licensee is acting as a factual witness or an expert.(f) A licensee may not provide therapy and any other type of service, including but not limited to a child custody evaluation or parenting facilitation, in the same case, whether such services are delivered sequentially or simultaneously.(g) Licensees may not offer an expert opinion or recommendation relating to the conservatorship of or possession of or access to a child unless the licensee has conducted a child custody evaluation relating to the child under Texas Family Code, Subchapter D, Chapter 107.(h) Licensees providing child custody evaluations or adoption evaluations must, prior to beginning the evaluation, in writing inform the parties of:(1) The limitations on confidentiality in the evaluation process; and(2) The basis of fees and costs and the method of payment, including any fees associated with postponement, cancelation and/or nonappearance, and the parties' pro rata share of the fees and costs as determined by the court order or written agreement of the parties.(i) A Licensed Professional Counselor Associate (LPC Associate) must not conduct child custody evaluations or adoption evaluations unless qualified by another professional license to provide such services.", "sourceNote": "Source Note: The provisions of this §681.53 adopted to be effective November 19, 2020, 45 TexReg 8139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201686", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.71", "label": "General Application Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225380", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant must submit for review an official complete application with all supporting documentation, all applicable fees, and information required by law to the Council. Complete applications will consist of the required application materials described in Council rules §882.1 (relating to Application Process), §882.2 (relating to General Application File Requirements), and §681.72 of this title (relating to Required Application Materials).(b) To upgrade from LPC Associate status to LPC, an LPC Associate must submit the supervised experience documentation form, proof of passing the jurisprudence exam within six months prior to upgrade, and the applicable fee.", "sourceNote": "Source Note: The provisions of this §681.71 adopted to be effective November 19, 2020, 45 TexReg 8143." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225380&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225380", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.72", "label": "Required Application Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206727", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To apply for LPC Associate, the applicant must submit:(1) the Council's application form;(2) all applicable fees;(3) official examination results from the National Board of Certified Counselors verifying a passing score on the National Counselor Exam (NCE) or National Clinical Mental Health Counselor Exam (NCMHCE);(4) completion certificate for the Texas jurisprudence exam dated no more than six months before the date the application was received;(5) an official graduate transcript(s);(6) a practicum/graduate intern documentation form;(7) a supervisory agreement form; and(8) The holder of a current license in good standing issued by another jurisdiction equivalent to the Texas LPC Associate license must submit official verification of his or her license, including official verification of any supervised experience recognized by the issuing jurisdiction. If supervised experience cannot be verified by the issuing jurisdiction, the Council may consider a supervised experience documentation form with verification of the supervisor's credentials.(b) To apply for LPC as the holder of a current Texas LPC Associate license, the applicant must submit:(1) the Council's application form;(2) all applicable fees;(3) completion certificate for the jurisprudence exam dated no more than six months before the date the application for LPC was received;(4) the Council's supervised experience documentation form; and(5) other information or forms as requested by the Council.(c) To apply for LPC as the holder of a current license equivalent to a Texas LPC license issued by another jurisdiction, the applicant's license must be in good standing and must submit:(1) all of the items listed in subsection (a)(1)-(6) of this section;(2) official verification of the license, including official verification of any supervised experience recognized by the issuing jurisdiction; and(3) other information or forms as requested by the Council.(d) To apply for supervisor status, an LPC must:(1) have held the LPC license in good standing for at least 60 months;(2) submit an application and all applicable fees; and(3) submit a completion certificate for an acceptable supervisor training. An acceptable supervisor training is:(A) a doctoral level course in the supervision of professional counseling or mental health services which was taken for credit at an accredited school and documented on an official transcript; or(B) a 40-clock-hour supervision course as set forth in §681.147 of this title. (e) An applicant who holds a current LPC license in good standing issued by another jurisdiction must be substantially equivalent to Texas licensure requirements.", "sourceNote": "Source Note: The provisions of this §681.72 adopted to be\r\neffective November 19, 2020, 45 TexReg 8143; amended to be effective\r\nNovember 21, 2021, 46 TexReg 7784; amended to be effective March 27,\r\n2024, 49 TexReg 1934; amended to be effective July 20, 2025, 50 TexReg\r\n4014." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206727", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.73", "label": "Application for Art Therapy Specialty Designation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224455", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person applying for licensure with an art therapy specialty designation must:(1) meet the requirements for an LPC license set out in this chapter;(2) hold either:(A) a master's or doctoral degree in art therapy that includes 700 hours of supervised practicum from an accredited school; or(B) all of the following:(i) a master's degree in a counseling-related field;(ii) a minimum of 21 semester hours or the equivalent of sequential course work in the history, theory, and practice of art therapy; and(iii) 700 hours of supervised practicum from an accredited school;(3) have the experience requirements set out in subsection (c) of this section; and(4) submit documentation of successful completion of the Certification Examination in Art Therapy of the Art Therapy Credentials Board.(b) The Council will accept an individual course from an art therapy program accredited through the American Art Therapy Association (or its successor) as satisfying the education requirements set out in §681.82 of this title (relating to Academic Requirements) if not less than 75% of the course content is substantially equivalent to the content of a course required in §681.83 of this title (relating to Academic Course Content).(c) As part of the supervised experience requirements for art therapy specialty designation under the Act, §503.303, an applicant must fulfill the requirements of §§681.91 - 681.93 of this title (relating to Application and Licensing) and must have the following:(1) 1,500 client contact hours under supervision of a licensed professional counselor with an art therapy specialty designation, if the applicant holds a master's or doctoral degree in art therapy that includes 700 hours of practicum; or(2) 2,000 client contact hours under supervision of a licensed professional counselor with an art therapy specialty designation, if the applicant holds a master's degree in counseling or a counseling related field and has a minimum of 21 semester hours or the equivalent of sequential course work in the history, theory, and practice of art therapy with 700 hours practicum.", "sourceNote": "Source Note: The provisions of this §681.73 adopted to be effective November 19, 2020, 45 TexReg 8143; amended to be effective November 21, 2021, 46 TexReg 7785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224455&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224455", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.81", "label": "General Academic Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206728", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council will accept as meeting academic requirements graduate degrees from accredited schools that meet the requirements of §681.82 of this title and §681.83 of this title. (b) The applicant must provide the Council with documents and evidence to establish his or her formal education is equivalent to at least a master's degree granted by an accredited school. In order to meet this requirement the applicant must comply with Council §882.11 of this title. (c) Applicants must provide upon request a course description from an official school catalog or bulletin or a course syllabus to substantiate the relevance of the course to the academic requirements of §681.83 of this title.(d) The Council will not consider undergraduate level courses as meeting any academic requirements for licensure unless the applicant's official transcript clearly shows the course was awarded graduate credit by the school.(e) The Council will consider courses for which an applicant's official transcript indicates a passing grade or credit was earned.(f) In evaluating transcripts, the Council will consider a quarter hour of academic credit as two-thirds of a semester hour.", "sourceNote": "Source Note: The provisions of this §681.81 adopted to be\r\neffective November 19, 2020, 45 TexReg 8143; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1909." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206728", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.82", "label": "Academic Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201691", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons applying for licensure must have a graduate degree in counseling or a counseling-related field of:(1) at least 48 semester hours of coursework in a counseling or counseling-related field for applicants who began the qualifying program before August 1, 2017; and(2) at least 60 semester hours of coursework in a counseling or counseling-related field for applicants who began the qualifying program on or after August 1, 2017.(b) An applicant who holds a graduate degree in a counseling related field must have an official transcript documenting satisfaction of the requirements described in §681.83 of this title (relating to Academic Course Content).(c) An applicant who has held a full active LPC in good standing issued by a United States jurisdiction for at least two (2) years immediately preceding the date the application was received will be deemed to have met all academic and experience requirements, including the practicum, if the applicant can demonstrate 3,000 hours of supervised experience and has completed at least 48 semester hours of coursework in a graduate degree program in a counseling or a counseling-related field, with 300 clock hours of supervised practicum.(d) The 48/60 semester hours must be designed to train a person to provide direct services to assist clients in a professional counseling relationship using a combination of mental health and human development principles, methods, and techniques to achieve the mental, emotional, social, moral, educational, spiritual, or career-related development and adjustment of the client throughout the client's life. The 48/60 semester hours may be course work that was part of the graduate degree in a counseling-related field, may be in addition to course work taken for the qualifying program, or a combination of both.", "sourceNote": "Source Note: The provisions of this §681.82 adopted to be effective November 19, 2020, 45 TexReg 8143; amended to be effective November 21, 2021, 46 TexReg 7786." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201691&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201691", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.83", "label": "Academic Course Content" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207853", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who holds a graduate degree in counseling from an accredited school is presumed to have satisfied the academic course content requirements described in this section.(b) An applicant who holds a graduate degree in a counseling-related field must complete at least one course in each of the following areas:(1) normal human growth and development - the process and stages of human intellectual, physical, social, and emotional development from prenatal origins through adulthood;(2) abnormal human behavior - the principles of understanding dysfunction in human behavior or social disorganization;(3) appraisal or assessment techniques - the principles, concepts, and procedures of systematic appraisal or assessment of an individual's attitudes, aptitudes, achievements, interests, and personal characteristics, which may include the use of both non-testing approaches and test instruments;(4) counseling theories - the major theories of professional counseling;(5) counseling methods or techniques - the methods or techniques used to provide counseling treatment intervention including:(A) counseling individuals; and(B) the theory and types of groups, including dynamics and the methods of practice with groups;(6) research - the methods of research which may include the study of statistics or a thesis project;(7) life style and career development - the theories of vocational choice, career choice and life style, sources of occupational and educational information, and career decision-making processes;(8) social, cultural, and family issues - the studies of change, ethnic groups, gender studies, family systems, urban and rural societies, population patterns, cultural patterns, and differing life styles;(9) professional orientation - the objectives of professional organizations, codes of ethics, legal aspects of practice, standards of preparation, and the role identity of persons providing direct counseling treatment intervention; and(10) practicum (internship) - supervised practicum experience primarily counseling in nature which includes:(A) At least 300 clock-hours, of which at least 100 hours must be direct client counseling.(B) Academic credit or other acknowledgment of the practicum/internship must appear on the applicant's official graduate transcript.(c) The remaining courses needed to meet the 48/60 graduate semester hour requirement must be counseling-related course work in areas directly supporting the development of an applicant's professional counseling skills and must be courses related primarily to professional counseling.(d) As of August 1, 2017, the following courses must be taken in addition to those outlined in subsection (b) of this section, to meet the 60 semester hour requirement:(1) addictions counseling; to include, but not limited to, gambling, sexual, eating, alcohol, or drug;(2) an additional course in counselor ethics; to include records management, an overview of business/family law and professional practice, and the study of current Council rules;(3) couples, marriage, or family counseling; and(4) a course in psychopathology to include such content as criteria of psychiatric diagnosis, use of the current Diagnostic and Statistical Manual of Mental Disorders and the theories of psychopathology. The course should also include the basic knowledge of types of psychopharmacological medications.(e) Passing the National Counselor Exam or National Clinical Mental Health Counselor Exam does not guarantee that Texas state licensure requirements have been satisfied.", "sourceNote": "Source Note: The provisions of this §681.83 adopted to be effective November 19, 2020, 45 TexReg 8143." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207853", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.91", "label": "LPC Associate License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224456", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council may issue an LPC Associate license to an applicant who has:(1) filed all application forms and paid all applicable fees;(2) met all of the academic requirements for licensure;(3) completed the required examinations with the requisite score as described in 681.72(a)(3) and (a)(4) of this title (relating to Required Application Materials);(4) entered into a supervisory agreement with a Licensed Professional Counselor Supervisor (LPC-S); and(5) not completed the supervised experience described in §681.92 of this title (relating to Experience Requirements (Internship)).(b) An LPC Associate must comply with all provisions of the Act and Council rules.(c) To practice counseling in Texas, a person must obtain an LPC Associate license before the person begins an internship or continues an internship. Hours obtained by an unlicensed person in any setting will not count toward the supervised experience requirements.(d) An LPC Associate may practice counseling only as part of his or her internship and only under the supervision of a Licensed Professional Counselor Supervisor (LPC-S). The LPC Associate shall not engage in independent practice.(e) An LPC Associate may have no more than two (2) Council-approved LPC supervisors at any given time.(f) An LPC Associate must maintain their LPC Associate license during his or her supervised experience.(g) An LPC Associate license will expire 60 months from the date of issuance.(h) An LPC Associate who does not complete the required supervised experience hours during the 60-month time period must reapply for licensure.(i) An LPC Associate must continue to be supervised after completion of the 3,000 hours of supervised experience and until the LPC Associate receives his or her LPC license. Supervision is complete upon the LPC Associate receiving the LPC license.(j) The possession, access, retention, control, maintenance, and destruction of client records is the responsibility of the person or entity that employs or contracts with the LPC Associate, or in those cases where the LPC Associate is self-employed, the responsibility of the LPC-Associate.(k) An LPC Associate must not employ a supervisor but may compensate the supervisor for time spent in supervision if the supervision is not a part of the supervisor's responsibilities as a paid employee of an agency, institution, clinic, or other business entity.(l) All billing documents for services provided by an LPC Associate must reflect the LPC Associate holds an LPC Associate license and is under supervision.(m) The LPC Associate must not represent himself or herself as an independent practitioner. The LPC Associate's name must be followed by a statement such as \"supervised by (name of supervisor)\" or a statement of similar effect, together with the name of the supervisor. This disclosure must appear on all marketing materials, billing documents, and practice related forms and documents where the LPC Associate's name appears, including websites and intake documents.", "sourceNote": "Source Note: The provisions of this §681.91 adopted to be effective November 19, 2020, 45 TexReg 8143; amended to be effective February 27, 2022, 47 TexReg 773." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224456&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224456", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.92", "label": "Experience Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207854", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applicants for LPC licensure must complete supervised experience acceptable to the Council of 3,000 clock-hours under a Council-approved supervisor.(1) All internships physically occurring in Texas must be completed under the supervision of a Council-approved supervisor.(2) For all internships physically completed in a jurisdiction other than Texas, the supervisor must be a person licensed or certified by that jurisdiction in a profession that provides counseling and who has the academic training and experience to supervise the counseling services offered by the Associate. The applicant must provide documentation acceptable to the Council regarding the supervisor's qualifications. (b) The supervised experience must include at least 1,500 clock-hours of direct client counseling contact. Only actual time spent counseling may be counted.(c) An LPC Associate may not complete the required 3,000 clock-hours of supervised experience in less than 18 months.(d) The experience must consist primarily of the provision of direct counseling services within a professional relationship to clients by using a combination of mental health and human development principles, methods, and techniques to achieve the mental, emotional, physical, social, moral, educational, spiritual, or career-related development and adjustment of the client throughout the client's life.(e) The LPC Associate must receive direct supervision consisting of a minimum of four (4) hours per month of supervision in individual (up to two Associates) or group (three or more) settings while the Associate is engaged in counseling unless an extended leave of one month or more is approved in writing by the Council approved supervisor. No more than 50% of the total hours of supervision may be received in group supervision.", "sourceNote": "Source Note: The provisions of this §681.92 adopted to be\r\neffective February 9, 2021, 46 TexReg 910; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1909." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207854", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.93", "label": "Supervisor Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224457", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A supervisor must keep a written record of each supervisory session in the file for the LPC Associate.(1) The supervisory written record must contain:(A) a signed and dated copy of the Council's supervisory agreement form for each of the LPC Associate's supervisors;(B) a copy of the LPC Associate's online license verification noting the dates of issuance and expiration;(C) fees and record of payment;(D) the date of each supervisory session;(E) a record of an LPC Associate's leave of one month or more, documenting the supervisor's approval and signed by both the LPC Associate and the supervisor;(F) a record of any concerns the supervisor discussed with the LPC Associate, including a written remediation plan as prescribed in subsection (e) of this section; and(G) a record of acknowledgement that the supervisee is self-employed, if applicable.(2) The supervisor must provide a copy of all records to the LPC Associate upon request.(b) Both the LPC-Associate and the supervising LPC-S are fully responsible for the professional counseling activities of the LPC-Associate. The LPC- S may be subject to disciplinary action for violations that relate only to the professional practice of counseling committed by the LPC-Associate which the LPC-S knew about or due to the oversight nature of the supervisory relationship should have known about.(1) Supervisors must review all provisions of the Act and Council rules in this chapter during supervision.(2) The supervisor must ensure the LPC Associate is aware of and adheres to all provisions of the Act and Council rules.(c) The supervisor must avoid any relationship that impairs the supervisor's objective, professional judgment.(1) The supervisor may not be related to the LPC Associate within the second degree of affinity or within the third degree of consanguinity.(2) The supervisor may not be an employee of his or her LPC Associate.(d) The supervisor must submit to the Council accurate documentation of the LPC Associate's supervised experience within 30 days of the end of supervision or the completion of the LPC Associate's required hours, whichever comes first.(e) If a supervisor determines the LPC Associate may not have the counseling skills or competence to practice professional counseling under an LPC license, the supervisor will develop and implement a written plan for remediation of the LPC Associate, which must be reviewed and signed by the LPC Associate and maintained as part of the LPC Associate's file.(f) The supervisor must ensure the supervised counseling experience of the LPC Associate were earned:(1) after the LPC Associate license was issued; and(2) in not less than 18 months of supervised counseling experience.(g) A supervisor whose license has expired is no longer an approved supervisor and:(1) must immediately inform all LPC Associates under his or her supervision and assist the LPC Associates in finding alternate supervisors; and(2) must refund all supervisory fees for supervision after the expiration of the supervisor status.(3) Hours accumulated under the person's supervision after the date of license expiration may not count as acceptable hours.(h) Upon execution of a Council order for probated suspension, suspension, or revocation of the LPC license with supervisor status, the supervisor status is revoked. A licensee whose supervisor status is revoked:(1) must immediately inform all LPC Associates under his or her supervision and assist the LPC Associates in finding alternate supervisors; and(2) must refund all supervisory fees for supervision after the date the supervisor status is revoked; and(3) hours accumulated under the person's supervision after the date of license expiration may not count as acceptable hours.(i) Supervision of an LPC Associate without having Council approved supervisor status is grounds for disciplinary action", "sourceNote": "Source Note: The provisions of this §681.93 adopted to be effective November 19, 2020, 45 TexReg 8143; amended to be effective February 27, 2022, 47 TexReg 775." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224457&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224457", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.101", "label": "Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206729", "queryAsDate": "03/11/2026" }, "ruleBody": "Each applicant for licensure is required to take and pass the National Counselor Exam or the National Clinical Mental Health Counselor Exam and complete the jurisprudence exam prior to application.", "sourceNote": "Source Note: The provisions of this §681.101 adopted to\r\nbe effective November 19, 2020, 45 TexReg 8143; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1910." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206729", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.114", "label": "Licensing of Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225381", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant applying for licensure under this section must comply with Council rule, §882.60 of this title (relating to Special Provisions Applying to Military Service Members, Veterans, and Spouses).(b) Substantial Equivalency Determination. In accordance with §55.004 of the Occupations Code, the licensing requirements for a license to practice professional counseling in another jurisdiction will be considered substantially equivalent to Texas' requirements if the following criteria are met:(1) the applicant has been fully licensed to practice professional counseling for the two years immediately preceding the date the application is received; and(2) has no disciplinary history.(c) If an applicant has been fully licensed to practice professional counseling in another United States jurisdiction for less than two years immediately preceding the date the application is received, and has no disciplinary history, staff may grant 125 hours of credit for every month of independent professional counseling practice toward any deficit in experience requirements.(d) For an application submitted by a verified military service member or military veteran, the applicant must receive credit towards any licensing requirements, except an examination requirement, for verified military service, training, or education that the Council determines is relevant to the licensing requirements.", "sourceNote": "Source Note: The provisions of this §681.114 adopted to be effective November 19, 2020, 45 TexReg 8143; amended to be effective November 21, 2021, 46 TexReg 7787." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225381&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225381", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.140", "label": "Requirements for Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212972", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Minimum Continuing Education Hours Required.(1) An LPC must complete 24 hours of continuing education during each renewal period that they hold a license. The 24 hours of continuing education must include 6 hours in ethics and 3 hours designed to ensure competency when providing services to a distinct population, defined as a group of people who share a common attribute, trait, or defining characteristic of the licensee's choice. (2) A licensee may carry forward to the next renewal period, a maximum of 10 hours accrued during the current renewal period if those hours are not needed for renewal.(b) Special Continuing Education Requirements.(1) A licensee with supervisory status must complete 6 hours of continuing education in supervision.(2) A licensee must successfully complete the Texas jurisprudence examination each renewal period. Licensees who pass the Texas jurisprudence examination may claim 1 hour of continuing education in ethics.(3) The special continuing education requirements set out in this subsection may be counted toward the minimum continuing education hours required under subsection (a) of this section.(c) Acceptable ethics hours include, but are not limited to continuing education on:(1) state or federal laws, including agency rules, relevant to the practice of professional counseling;(2) practice guidelines established by local, regional, state, national, or international professional organizations;(3) training or education designed to demonstrate or affirm the ideals and responsibilities of the profession; and(4) training or education intended to assist licensees in determining appropriate decision-making and behavior, improve consistency in or enhance the professional delivery of services, and provide a minimum acceptable level of practice.(d) Acceptable Continuing Education Activities.(1) All continuing education hours must have been received during the renewal period unless allowed under subsection (a)(2) of this section, and be directly related to the practice of professional counseling;(2) The Council shall make the determination as to whether the activity claimed by the licensee is directly related to the practice of professional counseling;(3) Except for hours claimed under subsection (g) of this section, all continuing education hours obtained must be designated by the provider in a letter, email, certificate, or transcript that displays the licensee's name, topic covered, date(s) of training, and hours of credit earned; and(4) Multiple instances or occurrences of a continuing education activity may not be claimed for the same renewal period.(e) Licensees must obtain at least fifty percent of their continuing education hours from one or more of the following providers:(1) an international, national, regional, state, or local association of medical, mental, or behavioral health professionals; (2) public school districts, charter schools, or education service centers;(3) city, county, state, or federal governmental entities; (4) an institution of higher education accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation, the Texas Higher Education Coordinating Board, or the United States Department of Education;(5) religious or charitable organizations devoted to improving the mental or behavioral health of individuals;(6) a licensee with supervisor status;(7) a hospital or hospital system, including any clinic, division, or department within a hospital or hospital system; or(8) any provider approved or endorsed by a provider listed herein.(f) Licensees shall receive credit for continuing education activities according to the number of hours designated by the provider, or if no such designation, on a one-for-one basis with one credit hour for each hour spent in the continuing education activity.(g) Notwithstanding subsection (e) of this section, licensees may claim continuing education credit for each of the following activities:(1) Preparing and giving a presentation at a continuing education activity. The maximum number of hours that may be claimed for this activity is 5 hours.(2) Authoring a book or peer reviewed article. The maximum number of hours that may be claimed for this activity is 5 hours.(3) Teaching or attending a graduate level course. The maximum number of hours that may be claimed for this activity is 5 hours.(4) Self-study. The maximum number of hours that may be claimed for this activity is 1 hour. Self-study is credit that is obtained from any type of activity that is performed by an individual licensee acting alone. Such activities include, but are not limited to, reading materials directly related to the practice of professional counseling. Time spent individually viewing or listening to audio, video, digital, or print media as part of an organized continuing education activity, program, or offering from a third-party is not subject to this self-study limitation and may count as acceptable education under other parts of this rule.(5) Successful completion of a training course on human trafficking prevention described by §116.002 of the Occupations Code. Licensees who complete this training may claim 1 hour of continuing education credit.(h) The Council does not pre-evaluate or pre-approve continuing education providers or hours.(i) Licensees shall maintain proof of continuing education compliance for a minimum of 3 years after the applicable renewal period.", "sourceNote": "Source Note: The provisions of this §681.140 adopted to\r\nbe effective March 7, 2023, 48 TexReg 1305; amended to be effective\r\nJuly 20, 2025, 50 TexReg 4015." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212972&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212972", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.147", "label": "40-Clock-Hour Supervisor Training Course" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203492", "queryAsDate": "03/11/2026" }, "ruleBody": "The 40-clock-hour supervision training must be education related to the practice of professional counseling and:(1) the course must be taught by a full LPC with supervisor status;(2) all related coursework and assignments must be completed over a time period not to exceed 90 days; and(3) the 40-clock-hour supervision training must include at least:(A) three (3) clock-hours for defining and conceptualizing supervision and models of supervision;(B) three (3) clock-hours for supervisory relationship and counselor development;(C) twelve (12) clock-hours for supervision methods and techniques, covering roles (teacher, counselor, and consultant), focus (process, conceptualization, and personalization), group supervision, multi-cultural supervision (racial, ethnic, and gender issues), and evaluation methods;(D) twelve (12) clock-hours covering roles for supervision and standards of practice; Subchapter B of this chapter; Subchapter C of this chapter; §681.91 of this title; §681.92 of this title; §681.93 of this title; other codes of ethics; and legal and professional issues; and(E) three (3) clock-hours for executive and administrative tasks, covering supervision plan, supervision contract, time for supervision, record keeping, and reporting.", "sourceNote": "Source Note: The provisions of this §681.147 adopted to be effective November 19, 2020, 45 TexReg 8143; amended to be effective March 7, 2023, 48 TexReg 1308." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203492&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203492", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§681.164", "label": "Licensing of Persons with Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201697", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following felonies and misdemeanors directly relate to the duties and responsibilities of a licensee:(1) offenses listed in Article 42A.054 of the Code of Criminal Procedure;(2) a sexually violent offense, as defined by Article 62.001 of the Code of Criminal Procedure;(3) any felony offense wherein the judgment reflects an affirmative finding regarding the use or exhibition of a deadly weapon;(4) any criminal violation of Chapter 503 (Licensed Professional Counselor Act) of the Occupations Code;(5) any criminal violation of Chapter 35 (Insurance Fraud) or Chapter 35A (Medicaid Fraud) of the Penal Code;(6) any criminal violation involving a federal health care program, including 42 USC Section 1320a-7b (Criminal penalties for acts involving Federal health care programs);(7) any offense involving the failure to report abuse or neglect;(8) any state or federal offense not otherwise listed herein, committed by a licensee while engaged in the practice of professional counseling;(9) any criminal violation of Section 22.041 (abandoning or endangering a child) of the Penal Code;(10) any criminal violation of Section 21.15 (invasive visual recording) of the Penal Code;(11) any criminal violation of Section 43.26 (possession of child pornography) of the Penal Code;(12) any criminal violation of Section 22.04 (injury to a child, elderly individual, or disabled individual) of the Penal Code;(13) three or more drug or alcohol related convictions within the last 10 years, evidencing possible addiction that will have an effect on the licensee's ability to provide competent services; and(14) any attempt, solicitation, or conspiracy to commit an offense listed herein.", "sourceNote": "Source Note: The provisions of this §681.164 adopted to be effective February 9, 2021, 46 TexReg 911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201697&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201697", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§681.201", "label": "Purpose of this Subchapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201698", "queryAsDate": "03/11/2026" }, "ruleBody": "This schedule of sanctions is adopted as required by the Act §503.2015(2).", "sourceNote": "Source Note: The provisions of this §681.201 adopted to be effective November 19, 2020, 45 TexReg 8146." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201698&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201698", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§681.203", "label": "Severity Levels for the Schedule of Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224458", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following are the severity levels for the schedule of sanctions:(1) Level One--revocation of license. These violations evidence intentional or gross misconduct on the part of the licensee and/or cause or pose a high degree of harm to the public and/or require severe punishment as a deterrent to the licensee, or other licensees. The fact that a license is ordered revoked does not necessarily mean the licensee can never regain licensure.(2) Level Two--extended suspension of license. These violations involve less misconduct, harm, or need for deterrence than Level One violations, but may require termination of licensure for a period of not less than one year.(3) Level Three--moderate suspension of license. These violations are less serious than Level Two violations, but may require termination of licensure for a period of time less than a year.(4) Level Four--probated suspension of license. These violations do not involve enough harm, misconduct, or need for deterrence to warrant termination of licensure, yet are severe enough to warrant monitoring of the licensee to ensure future compliance. Probationary terms may be ordered as appropriate.(5) Level Five--reprimand. These violations involve inadvertent or relatively minor misconduct and/or rule violations.(b) Licensees who are in violation of a Council rule in this chapter may be subject to an administrative penalty of up to $5,000 per violation, per day of occurrence, and/or be required to refund all or a portion of the fees received from a consumer.(c) Supervisors who are in violation of a Council rule in this chapter may be subject to an administrative penalty of up to $5,000 per violation, per day of occurrence, and/or be required to refund all or a portion of the fees received by the supervisor to his or her LPC Associate(s).", "sourceNote": "Source Note: The provisions of this §681.203 adopted to be effective November 19, 2020, 45 TexReg 8146." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224458&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224458", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§681.204", "label": "Other Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224459", "queryAsDate": "03/11/2026" }, "ruleBody": "Complaints may be resolved by issuance of a warning letter. Warning letters inform licensees of their duties under the Act, the Council Act, or council rules, and whether the council has a concern about the circumstances surrounding the complaint.", "sourceNote": "Source Note: The provisions of this §681.204 adopted to\r\nbe effective November 19, 2020, 45 TexReg 8146; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1911." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224459&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224459", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "30", "label": "TEXAS STATE BOARD OF EXAMINERS OF PROFESSIONAL COUNSELORS" }, "chapter": { "number": "681", "label": "PROFESSIONAL COUNSELORS" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§681.205", "label": "Schedule of Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201701", "queryAsDate": "03/11/2026" }, "ruleBody": "The following standard sanctions shall apply to violations of the Act and these rules:Attached Graphic", "sourceNote": "Source Note: The provisions of this §681.205 adopted to\r\nbe effective November 19, 2020, 45 TexReg 8146; amended to be effective\r\nNovember 21, 2021, 46 TexReg 7788; amended to be effective June 26,\r\n2022, 47 TexReg 3543; amended to be effective September 21, 2023,\r\n48 TexReg 5144; amended to be effective March 17, 2025, 50 TexReg\r\n1912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201701&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201701", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§781.101", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This chapter implements the provisions in the Social Work Practice Act (Act), Texas Occupations Code, Chapter 505, concerning the licensure and regulation of social workers.(b) The Act restricts the use of the titles \"social worker,\" \"licensed master social worker,\" \"licensed social worker,\" \"licensed baccalaureate social worker,\" \"licensed clinical social worker\" or any other title that implies licensure or certification in social work.", "sourceNote": "Source Note: The provisions of this §781.101 adopted to be effective November 19, 2020, 45 TexReg 8156." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203432", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§781.102", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201703", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited colleges or universities--An educational institution that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, the Texas Higher Education Coordinating Board, or the United States Department of Education.(2) Act--The Social Work Practice Act, Texas Occupations Code, Chapter 505, concerning the licensure and regulation of social workers.(3) Agency--A public or private employer, contractor or business entity providing social work services.(4) Assessment--An ongoing process of gathering information about and reaching an understanding of the client or client group's characteristics, perceived concerns and real problems, strengths and weaknesses, and opportunities and constraints; assessment may involve administering, scoring and interpreting instruments designed to measure factors about the client or client group.(5) Association of Social Work Boards (ASWB)--The international organization which represents regulatory boards of social work and administers the national examinations utilized in the assessment for licensure.(6) Board--Texas State Board of Social Worker Examiners.(7) Case record--Any information related to a client and the services provided to that client, however recorded and stored.(8) Client--An individual, family, couple, group or organization that receives social work services from a person identified as a social worker who is licensed by the Council.(9) Clinical social work--A specialty within the practice of master social work that requires applying social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or bio-psychosocial functioning of individuals, couples, families, groups, and/or persons who are adversely affected by social or psychosocial stress or health impairment. Clinical social work practice involves using specialized clinical knowledge and advanced clinical skills to assess, diagnose, and treat mental, emotional, and behavioral disorders, conditions and addictions, including severe mental illness and serious emotional disturbances in adults, adolescents and children. Treatment methods may include, but are not limited to, providing individual, marital, couple, family, and group psychotherapy. Clinical social workers are qualified and authorized to use the Diagnostic and Statistical Manual of Mental Disorders (DSM), the International Classification of Diseases (ICD), Current Procedural Terminology (CPT) codes, and other diagnostic classification systems in assessment, diagnosis, and other practice activities. The practice of clinical social work is restricted to either a Licensed Clinical Social Worker, or a Licensed Master Social Worker under clinical supervision in employment or under a clinical supervision plan.(10) Confidential information--Individually identifiable information relating to a client, including the client's identity, demographic information, physical or mental health condition, the services the client received, and payment for past, present, or future services the client received or will receive. Confidentiality is limited in cases where the law requires mandated reporting, where third persons have legal rights to the information, and where clients grant permission to share confidential information.(11) Conditions of exchange--Setting reimbursement rates or fee structures, as well as business rules or policies involving issues such as setting and cancelling appointments, maintaining office hours, and managing insurance claims.(12) Counseling, clinical--The use of clinical social work to assist individuals, couples, families or groups in learning to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns.(13) Counseling, supportive--The methods used to help individuals create and maintain adaptive patterns. Such methods may include, but are not limited to, building community resources and networks, linking clients with services and resources, educating clients and informing the public, helping clients identify and build strengths, leading community groups, and providing reassurance and support.(14) Council--the Texas Behavioral Health Executive Council.(15) Consultation--Providing advice, opinions and conferring with other professionals regarding social work practice.(16) Continuing education--Education or training aimed at maintaining, improving, or enhancing social work practice.(17) Council on Social Work Education (CSWE)--The national organization that accredits social work education schools and programs.(18) Direct practice--Providing social work services through personal contact and immediate influence to help clients achieve goals.(19) Dual or multiple relationship--A relationship that occurs when social workers interact with clients in more than one capacity, whether it be before, during, or after the professional, social, or business relationship. Dual or multiple relationships can occur simultaneously or consecutively.(20) Electronic practice--Interactive social work practice that is aided by or achieved through technological methods, such as the web, the Internet, social media, electronic chat groups, interactive TV, list serves, cell phones, telephones, faxes, and other emerging technology.(21) Examination--A standardized test or examination, approved by the Council, which measures an individual's social work knowledge, skills and abilities.(22) Equivalent or substantially equivalent - a licensing standard or requirement for an out-of-state license that is equal to or greater than a Texas licensure requirement shall be deemed equivalent or substantially equivalent.(23) Executive Director - the executive director for the Texas Behavioral Health Executive Council. The executive director may delegate responsibilities to other staff members.(24) Exploitation--Using a pattern, practice or scheme of conduct that can reasonably be construed as primarily meeting the licensee's needs or benefitting the licensee rather than being in the best interest of the client. Exploitation involves the professional taking advantage of the inherently unequal power differential between client and professional. Exploitation also includes behavior at the expense of another practitioner. Exploitation may involve financial, business, emotional, sexual, verbal, religious and/or relational forms.(25) Field placement--A formal, supervised, planned, and evaluated experience in a professional setting under the auspices of a CSWE-accredited social work program and meeting CSWE standards.(26) Fraud--A social worker's misrepresentation or omission about qualifications, services, finances, or related activities or information, or as defined by the Texas Penal Code or by other state or federal law.(27) Full-time experience--Providing social work services thirty or more hours per week.(28) Group supervision for licensure or for specialty recognition--Providing supervision to a minimum of two and a maximum of six supervisees in a designated supervision session.(29) Health care professional--A licensee or any other person licensed, certified, or registered by the State of Texas in a health related profession.(30) Impaired professional--A licensee whose ability to perform social work services is impaired by the licensee's physical health, mental health, or by medication, drugs or alcohol.(31) Independent clinical practice--The practice of clinical social work in which the social worker, after having completed all requirements for clinical licensure, assumes responsibility and accountability for the nature and quality of client services, pro bono or in exchange for direct payment or third party reimbursement. Independent clinical social work occurs in independent settings.(32) Independent non-clinical practice--The unsupervised practice of non-clinical social work outside of an organizational setting, in which the social worker, after having completed all requirements for independent non-clinical practice recognition, assumes responsibility and accountability for the nature and quality of client services, pro bono or in exchange for direct payment or third party reimbursement.(33) Independent Practice Recognition--A specialty recognition related to unsupervised non-clinical social work at the LBSW or LMSW category of licensure, which denotes that the licensee has earned the specialty recognition, commonly called IPR, by successfully completing additional supervision which enhances skills in providing independent non-clinical social work.(34) Individual supervision for licensure or specialty recognition--Supervision for professional development provided to one supervisee during the designated supervision session.(35) LBSW--Licensed Baccalaureate Social Worker.(36) LCSW--Licensed Clinical Social Worker.(37) License--A regular or temporary Council-issued license, including LBSW, LMSW, and LCSW. Some licenses may carry an additional specialty recognition, such as LMSW-AP, LBSW-IPR, or LMSW-IPR.(38) Licensee--A person licensed by the Council to practice social work.(39) LMSW--Licensed Master Social Worker.(40) LMSW-AP--Licensed Master Social Worker with the Advanced Practitioner specialty recognition for non-clinical practice. This specialty recognition will no longer be conferred after September 1, 2017. Licensees under a supervision plan for this specialty recognition before September 1, 2017 will be permitted to complete supervision and examination for this specialty recognition.(41) Non-clinical social work--Professional social work which incorporates non-clinical work with individuals, families, groups, communities, and social systems which may involve locating resources, negotiating and advocating on behalf of clients or client groups, administering programs and agencies, community organizing, teaching, researching, providing employment or professional development non-clinical supervision, developing and analyzing policy, fund-raising, and other non-clinical activities.(42) Person--An individual, corporation, partnership, or other legal entity.(43) Psychotherapy--Treatment in which a qualified social worker uses a specialized, formal interaction with an individual, couple, family, or group by establishing and maintaining a therapeutic relationship to understand and intervene in intrapersonal, interpersonal and psychosocial dynamics; and to diagnose and treat mental, emotional, and behavioral disorders and addictions.(44) Recognition--Authorization from the Council to engage in the independent or specialty practice of social work services.(45) Rules--Provisions of this chapter specifying how the Council implements the Act-as well as Title 22, Chapters 881-885 of the Texas Administrative Code.(46) Social work case management--Using a bio-psychosocial perspective to assess, evaluate, implement, monitor and advocate for services on behalf of and in collaboration with the identified client or client group.(47) Social worker--A person licensed under the Act.(48) Social work practice--Services which an employee, independent practitioner, consultant, or volunteer provides for compensation or pro bono to effect changes in human behavior, a person's emotional responses, interpersonal relationships, and the social conditions of individuals, families, groups, organizations, and communities. Social work practice is guided by specialized knowledge, acquired through formal social work education. Social workers specialize in understanding how humans develop and behave within social environments, and in using methods to enhance the functioning of individuals, families, groups, communities, and organizations. Social work practice involves the disciplined application of social work values, principles, and methods including, but not limited to, psychotherapy; marriage, family, and couples intervention; group therapy and group work; mediation; case management; supervision and administration of social work services and programs; counseling; assessment, diagnosis, treatment; policy analysis and development; research; advocacy for vulnerable groups; social work education; and evaluation.(49) Supervisor, Council-approved--A person meeting the requirements set out in §781.402 of this title (relating to Clinical Supervision for LCSW and Non-Clinical Supervision for Independent Practice Recognition), to supervise a licensee towards the LCSW, Independent Practice Recognition, or as a result of a Council order. A Council-approved supervisor will denote having this specialty recognition by placing a \"-S\" after their credential initials, e.g., LBSW-S, LMSW-S or LCSW-S.(50) Supervision--Supervision includes:(A) administrative or work-related supervision of an employee, contractor or volunteer that is not related to qualification for licensure, practice specialty recognition, a disciplinary order, or a condition of new or continued licensure;(B) clinical supervision of a Licensed Master Social Worker in a setting in which the LMSW is providing clinical services; the supervision may be provided by a Licensed Professional Counselor, Licensed Psychologist, Licensed Marriage and Family Therapist, Licensed Clinical Social Worker or Psychiatrist. This supervision is not related to qualification for licensure, practice specialty recognition, a disciplinary order, or a condition of new or continued licensure;(C) clinical supervision of a Licensed Master Social Worker, who is providing clinical services and is under a supervision plan to fulfill supervision requirements for achieving the LCSW; a Licensed Clinical Social Worker who is a Council-approved supervisor delivers this supervision;(D) non-clinical supervision of a Licensed Master Social Worker or Licensed Baccalaureate Social Worker who is providing non-clinical social work service toward qualifications for independent non-clinical practice recognition; this supervision is delivered by a Council-approved supervisor; and(E) Council-ordered supervision of a licensee by a Council-approved supervisor pursuant to a disciplinary order or as a condition of new or continued licensure.(51) Supervision hour--A supervision hour is a minimum of 60 minutes in length.(52) Termination--Ending social work services with a client.(53) Waiver--The suspension of educational, professional, and/or examination requirements for applicants who meet the criteria for licensure under special conditions based on appeal to the Council.", "sourceNote": "Source Note: The provisions of this §781.102 adopted to be effective November 19, 2020, 45 TexReg 8156; amended to be effective February 4, 2021, 46 TexReg 814." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201703&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201703", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§781.202", "label": "Board Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201704", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board shall hold at least one meeting each year and additional meetings as necessary.(b) The chairperson may call a meeting after consultation with board members or by a majority of members so voting at a meeting.(c) Meetings shall be announced and conducted under the provisions of the Texas Open Meetings Act, Government Code, Chapter 551.", "sourceNote": "Source Note: The provisions of this §781.202 adopted to be effective November 19, 2020, 45 TexReg 8156." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201704&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201704", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§781.203", "label": "Board Training" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201705", "queryAsDate": "03/11/2026" }, "ruleBody": "A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that meets the requirements established in the Act.", "sourceNote": "Source Note: The provisions of this §781.203 adopted to be effective November 19, 2020, 45 TexReg 8156." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201705&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201705", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§781.205", "label": "Board Agendas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201707", "queryAsDate": "03/11/2026" }, "ruleBody": "The executive director or designee is responsible for preparing and submitting an agenda to board members prior to each meeting; the agenda is subject to the chair's approval. The agenda shall include items requested by board members, items required by law, items previously tabled, and other matters of board business.", "sourceNote": "Source Note: The provisions of this §781.205 adopted to be effective November 19, 2020, 45 TexReg 8156." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201707&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201707", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§781.207", "label": "Elections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201708", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the first meeting following the last day of January of each year, the board shall elect a vice-chair.(b) A vacancy which occurs in the office of vice-chair may be filled at any meeting.", "sourceNote": "Source Note: The provisions of this §781.207 adopted to be effective November 19, 2020, 45 TexReg 8156." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201708&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201708", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§781.208", "label": "Officers of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201709", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The chair, who is appointed by the governor, shall preside at all meetings which he or she attends. The chair performs all duties prescribed by law or this chapter and is authorized to make day-to-day decisions regarding board activities to make the board more effective and responsive.(b) The vice-chair shall perform the duties of the chair in case the chair is absent or disabled. If the office of chair becomes vacant, the vice-chair shall serve until a successor is appointed.", "sourceNote": "Source Note: The provisions of this §781.208 adopted to be effective November 19, 2020, 45 TexReg 8156." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201709", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§781.209", "label": "Committees of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201711", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The board and/or the board chair may establish board committees, advisory committees and task forces.(b) The board chair shall appoint members of the board to serve on board committees and shall appoint the board committee chairs. The board chair may invite others to serve on advisory committees and task forces.(c) Only members of the board may be appointed to board committees.(d) Committee chairs shall make regular reports to the board at regular meetings.(e) Committees shall meet when called by the committee chair or when so directed by the board or the board chair.(f) Each committee shall consist of least one public member and one professional member, unless the board authorizes otherwise.", "sourceNote": "Source Note: The provisions of this §781.209 adopted to be effective November 19, 2020, 45 TexReg 8156." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201711&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201711", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.301", "label": "Code of Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221682", "queryAsDate": "03/11/2026" }, "ruleBody": "A social worker must observe and comply with the code of conduct and standards of practice set forth in this subchapter. Any violation of the code of conduct or standards of practice will constitute unethical conduct or conduct that discredits or tends to discredit the profession of social work and is grounds for disciplinary action.(1) A social worker shall not refuse to perform any act or service for which the person is licensed solely on the basis of a client's age; gender; race; color; religion; national origin; disability; sexual orientation; gender identity and expression; or political affiliation.(2) A social worker shall truthfully report her or his services, professional credentials and qualifications to clients or potential clients.(3) A social worker shall only offer those services that are within his or her professional competency, and shall provide services within accepted professional standards of practice, appropriate to the client's needs.(4) A social worker shall strive to maintain and improve her or his professional knowledge, skills and abilities.(5) A social worker shall base all services on an assessment, evaluation or diagnosis of the client.(6) A social worker shall provide the client with a clear description of services, schedules, fees and billing at the initiation of services.(7) A social worker shall safeguard the client's rights to confidentiality within the limits of the law.(8) A social worker shall be responsible for setting and maintaining professional boundaries.(9) A social worker shall not have sexual contact with a client or a person who has been a client.(10) A social worker shall refrain from providing services while impaired by physical health, mental health, medical condition, or by medication, drugs or alcohol.(11) A social worker shall not exploit his or her position of trust with a client or former client.(12) A social worker shall evaluate a client's progress on a continuing basis to guide service delivery and will make use of supervision and consultation as indicated by the client's needs.(13) A social worker shall refer a client for those services that the social worker is unable to meet, and shall terminate services to a client when continuing to provide services is no longer in the client's best interest.", "sourceNote": "Source Note: The provisions of this §781.301 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221682&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221682", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.302", "label": "The Practice of Social Work" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212974", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Practice of Baccalaureate Social Work--Applying social work theory, knowledge, methods, ethics and the professional use of self to restore or enhance social, psychosocial, or bio-psychosocial functioning of individuals, couples, families, groups, organizations and communities. Baccalaureate Social Work is generalist practice and may include interviewing, assessment, planning, intervention, evaluation, case management, mediation, counseling, supportive counseling, direct practice, information and referral, problem solving, supervision, consultation, education, advocacy, community organization, and policy and program development, implementation, and administration. An LBSW may only practice social work in an agency employment setting or under contract with an agency, unless under a non-clinical supervision plan per §781.402(d)(1) of this title.(b) Practice of Independent Non-Clinical Baccalaureate Social Work--An LBSW recognized for independent practice, known as LBSW-IPR, may provide any non-clinical baccalaureate social work services in either an employment or an independent practice setting. An LBSW-IPR may work under contract, bill directly for services, and bill third parties for reimbursements for services. An LBSW-IPR must restrict his or her independent practice to providing non-clinical social work services.(c) Practice of Master's Social Work--Applying social work theory, knowledge, methods and ethics and the professional use of self to restore or enhance social, psychosocial, or bio-psychosocial functioning of individuals, couples, families, groups, organizations and communities. Master's Social Work practice may include applying specialized knowledge and advanced practice skills in assessment, treatment, planning, implementation and evaluation, case management, mediation, counseling, supportive counseling, direct practice, information and referral, supervision, consultation, education, research, advocacy, community organization and developing, implementing and administering policies, programs and activities. An LMSW may engage in Baccalaureate Social Work practice. An LMSW may only practice social work in an agency employment setting or under contract with an agency, unless under a non-clinical supervision plan per §781.402(d)(1) of this title. An LMSW may practice clinical social work, as defined by subsection (f) of this section, in an agency employment setting or under contract with an agency if under clinical supervision per §781.404(a)(2) of this title or under a clinical supervision plan per §781.404(a)(3) of this title.(d) Advanced Non-Clinical Practice of LMSWs--An LMSW recognized as an Advanced Practitioner (LMSW-AP) may provide any non-clinical social work services in either an employment or an independent practice setting. An LMSW-AP may work under contract, bill directly for services, and bill third parties for reimbursements for services. An LMSW-AP must restrict his or her practice to providing non-clinical social work services.(e) Independent Practice for LMSWs--An LMSW recognized for independent practice may provide any non-clinical social work services in either an employment or an independent practice setting. This licensee is designated as LMSW-IPR. An LMSW-IPR may work under contract, bill directly for services, and bill third parties for reimbursements for services. An LMSW-IPR must restrict his or her independent practice to providing non-clinical social work services.(f) Practice of Clinical Social Work--The practice of social work that requires applying social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or bio-psychosocial functioning of individuals, couples, families, groups, and/or persons who are adversely affected by social or psychosocial stress or health impairment. The practice of clinical social work requires applying specialized clinical knowledge and advanced clinical skills in assessment, diagnosis, and treatment of mental, emotional, and behavioral disorders, conditions and addictions, including severe mental illness and serious emotional disturbances in adults, adolescents, and children. The clinical social worker may engage in Baccalaureate Social Work practice and Master's Social Work practice. Clinical treatment methods may include but are not limited to providing individual, marital, couple, family, and group therapy, mediation, counseling, supportive counseling, direct practice, and psychotherapy. Clinical social workers are qualified and authorized to use the Diagnostic and Statistical Manual of Mental Disorders (DSM), the International Classification of Diseases (ICD), Current Procedural Terminology (CPT) Codes, and other diagnostic classification systems in assessment, diagnosis, treatment and other practice activities. An LCSW may provide any clinical or non-clinical social work service or supervision in either an employment or independent practice setting. An LCSW may work under contract, bill directly for services, and bill third parties for service reimbursements.(g) A licensee who is not recognized for independent practice and who is not under a non-clinical supervision plan must not engage in any independent practice that falls within the definition of social work practice in §781.102 of this title (relating to Definitions) unless the person is licensed in another profession and acting solely within the scope of that license. If the person is practicing professionally under another license, the person may not use the titles \"licensed master social worker,\" \"licensed social worker,\" or \"licensed baccalaureate social worker,\" or any other title or initials that imply social work licensure.(h) An LBSW or LMSW who is not recognized for independent practice may bill directly to patients or bill directly to third party payers if the LBSW or LMSW is under a formal supervision plan.", "sourceNote": "Source Note: The provisions of this §781.302 adopted to be effective November 19, 2020, 45 TexReg 8157; amended to be effective February 4, 2021, 46 TexReg 815; amended to be effective November 14, 2024, 49 TexReg 8913." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212974&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212974", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.303", "label": "General Standards of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210877", "queryAsDate": "03/11/2026" }, "ruleBody": "This section establishes standards of professional conduct required of a social worker. The licensee, following applicable statutes:(1) shall not knowingly offer or provide professional services to an individual concurrently receiving professional services from another mental health services provider except with that provider's knowledge. If a licensee learns of such concurrent professional services, the licensee shall take immediate and reasonable action to inform the other mental health services provider;(2) shall terminate a professional relationship when it is reasonably clear that the client is not benefiting from the relationship. If continued professional services are indicated, the licensee shall take reasonable steps to facilitate transferring the client by providing the client with the name and contact information of three sources of service;(3) shall not evaluate any individual's mental, emotional, or behavioral condition unless the licensee has personally interviewed the individual or the licensee discloses with the evaluation that the licensee has not personally interviewed the individual;(4) shall not persistently or flagrantly over treat a client;(5) shall not aid and abet the unlicensed practice of social work by a person required to be licensed under the Act;(6) shall not participate in any way in falsifying licensure applications or any other documents submitted to the Council;(7) shall ensure that, both before services commence and as services progress, the client knows the licensee's qualifications and any intent to delegate service provision; any restrictions the Council has placed on the licensee's license; the limits on confidentiality and privacy; and applicable fees and payment arrangements;(8) if the client must barter for services, it is the professional's responsibility to ensure that the client is in no way harmed. The value of the barter shall be agreed upon in advance and shall not exceed customary charges for the service or goods; and(9) shall ensure that the client or a legally authorized person representing the client has signed a consent for services. A licensee shall obtain and keep a copy of the relevant portions of any court order, divorce decree, power of attorney, or letters of guardianship authorizing the individual to provide substitute consent on behalf of the minor or ward.", "sourceNote": "Source Note: The provisions of this §781.303 adopted to be effective November 19, 2020, 45 TexReg 8157; amended to be effective March 7, 2023, 48 TexReg 1309." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210877", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.304", "label": "Relationships with Clients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201715", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A social worker shall inform in writing a prospective client about the nature of the professional relationship, which can include but is not limited to office procedures, after-hours coverage, services provided, fees, and arrangements for payment.(b) The social worker shall not give or receive a commission, rebate, or any other form of remuneration for referring clients.(c) A social worker shall not enter into a business relationship with a client. This rule does not prohibit a professional social work relationship with a client, as described in this subchapter.(d) A social worker shall not engage in activities that seek to primarily meet the social worker's personal needs or personal gain instead of the needs of the client.(e) A social worker shall be responsible for setting and maintaining professional boundaries.(f) A social worker shall keep accurate records of services to include, but not be limited to, dates of services, types of services, progress or case notes and billing information for a minimum of seven years after the date of termination of services for an adult client or five years beyond the age of 18 years of age for a minor, whichever is greater.(g) A social worker shall bill clients or third parties for only those services actually rendered or as agreed to by mutual written understanding.(h) A licensee shall not make any false, misleading, deceptive, fraudulent or exaggerated claim or statement about the effectiveness of the licensee's services; the licensee's qualifications, capabilities, background, training, experience, education, professional affiliations, fees, products, or publications; the type, effectiveness, qualifications, and products or services offered by an organization or agency; or the practice or field of social work.(i) If the licensee learns that false, misleading, deceptive, fraudulent or exaggerated statements about the services, qualifications, or products have been made, the licensee shall take reasonable steps to correct the inappropriate claims, prevent their reoccurrence, and report the incident to the Council.(j) A licensee shall provide social work intervention only in the context of a professional relationship.(k) Electronic practice may be used judiciously as part of the social work process and the supervision process. Social workers engaging in electronic practice, providing services to clients located in the State of Texas, must be licensed in Texas and adhere to provisions of this chapter.(l) The licensee shall not provide social work services or intervention to previous or current family members; personal friends; educational or business associates; or individuals whose welfare might be jeopardized by a dual or multiple relationship.(m) The licensee shall not accept from or give to a client any gift with a value in excess of $25. If the licensee's employer prohibits giving or receiving gifts, the licensee shall comply with the employer's policy.(n) The licensee or relatives to the fourth degree of consanguinity or affinity of the licensee may not intentionally borrow or lend money or items of value to clients or relatives to the fourth degree of consanguinity or affinity of clients.(o) The licensee shall take reasonable precautions to protect individuals from physical or emotional harm resulting from interaction within individual and group settings.(p) A licensee shall not promote the licensee's personal or business activities that are unrelated to the current professional relationship.(q) A licensee shall set and maintain professional boundaries, avoiding dual or multiple relationships with clients. If a dual or multiple relationship develops, the social worker is responsible for ensuring the client is safe.(r) A licensee may not enter into a non-professional relationship with a client's family member or any person having a personal or professional relationship with the client, if the licensee knows or reasonably should have known such a relationship could be detrimental to the client.", "sourceNote": "Source Note: The provisions of this §781.304 adopted to be effective November 19, 2020, 45 TexReg 8157; amended to be effective November 23, 2022, 47 TexReg 7686." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201715", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.305", "label": "Sexual Misconduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224460", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Sexual contact--Any touching or behavior that can be construed as sexual in nature or as defined by the Texas Penal Code, §21.01, relating to assault.(2) Therapeutic deception--A licensee's act or statement representing that sexual contact or sexual exploitation between the licensee and a client or client group is a valid part of the treatment process.(3) Sexual exploitation--A pattern, practice or scheme of exploitation, which may include, but is not limited to, sexual contact with a client.(b) A licensee shall not engage in sexual contact or sexual exploitation with a client or former client; a supervisee of the licensee; or a student at an educational institution at which the licensee provides professional or educational services.(c) A licensee shall not practice therapeutic deception of a client or former client.(d) It is not a defense to a disciplinary action under subsections (a) - (c) of this section, if the person was no longer emotionally dependent on the licensee when the sexual exploitation began, the sexual contact occurred, or the therapeutic deception occurred. It is also not a defense that the licensee terminated services with the person before the date the sexual exploitation began, the sexual contact occurred or the therapeutic deception occurred.(e) It is not a defense to a disciplinary action under subsections (a) - (c) of this section, if the sexual contact, sexual exploitation, or therapeutic deception with the person occurred with the client's consent; outside appointments with the client; or off the premises the licensee used for appointments with the client.(f) A licensee shall report sexual misconduct in accordance with Texas Civil Practice and Remedies Code, Chapter 81, relating to sexual exploitation by a mental health services provider. If a licensee has reasonable cause to suspect that a client has been the victim of sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider, or if a client alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider, the licensee shall report the alleged conduct not later than the 30th day after the date the licensee became aware of the conduct or the allegations to:(1) the prosecuting attorney in the county in which the alleged sexual exploitation, sexual contact or therapeutic deception occurred; and(2) the Council if the conduct involves a licensee and any other state licensing agency which licenses the mental health services provider.(3) Before making a report under this subsection, the licensee shall inform the alleged victim of the licensee's duty to report and shall determine if the alleged victim wants to remain anonymous.(4) A report under this subsection shall contain information necessary to identify the licensee; identify the alleged victim, unless the alleged victim has requested anonymity; express suspicion that sexual exploitation, sexual contact, or therapeutic deception occurred; and provide the alleged perpetrator's name.(g) The following may constitute sexual exploitation if done for sexual arousal, sexual gratification, or sexual abuse of either the social worker or a person who is receiving or has received the licensee's professional services as a social worker:(1) sexual harassment, sexual solicitation, physical advances, verbal or nonverbal conduct that is sexual in nature;(2) any behavior, gestures, comments, or expressions which may reasonably be interpreted as inappropriately seductive or sexual, including making sexual comments about a person's body or making sexually demeaning comments about an individual's sexual orientation, or making comments about potential sexual performance except when the comment is pertinent to issues of sexual function or dysfunction in counseling;(3) initiating conversation about the licensee's sexual problems, preferences, or fantasies; or requesting details of sexual history or sexual likes and dislikes when those details are not necessary for counseling;(4) kissing or fondling, or making any other deliberate or repeated comments, gestures, or physical acts of a sexual nature, even if they are not sexually intimate;(5) making a request to date;(6) exposing genitals, anus or breasts; or(7) encouraging another person to masturbate in the licensee's presence; or the licensee masturbating in front of another person.", "sourceNote": "Source Note: The provisions of this §781.305 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224460&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224460", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.306", "label": "Professional Representation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201717", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A social worker shall not misrepresent any professional qualifications or associations.(b) A social worker shall not misrepresent the attributes of any agency or organization, or make unreasonable, misleading, deceptive, fraudulent, exaggerated, or unsubstantiated claims about the effectiveness of any services.", "sourceNote": "Source Note: The provisions of this §781.306 adopted to\r\nbe effective November 19, 2020, 45 TexReg 8157; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1912." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201717", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.307", "label": "Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201718", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A social worker shall inform clients about the purposes and explicit uses of any testing done as part of a professional relationship.(b) A social worker shall not appropriate, reproduce, or modify published tests or parts thereof without the publisher's permission.(c) A social worker shall not administer any test without the appropriate training and experience to administer the test.(d) A social worker must observe the necessary precautions to maintain the security of any test administered by the social worker or under the social worker's supervision.", "sourceNote": "Source Note: The provisions of this §781.307 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201718&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201718", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.308", "label": "Drug and Alcohol Use" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201719", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensee shall not use alcohol or drugs in ways that compromise the licensee's ability to practice social work.", "sourceNote": "Source Note: The provisions of this §781.308 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201719", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.309", "label": "Client Records and Record Keeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224461", "queryAsDate": "03/11/2026" }, "ruleBody": "Following applicable statutes, the licensee shall:(1) keep accurate and legible records of the dates of services, types of services, progress or case notes, intake assessment, treatment plan, and billing information;(2) retain and dispose of client records in ways that maintain confidentiality;(3) in independent practice, establish a plan for the custody and control of the licensee's client records should the licensee die, become incapacitated, or cease offering professional services;(4) keep client records for seven years after the date of termination of services for adult clients or five years beyond the age of 18 for minor clients, whichever is greater;(5) provide a written explanation of the types of treatment and charges on a bill or statement to the client (this applies even if the charges are to be paid by a third party); and(6) comply with the requirements of Texas Health and Safety Code, Chapters 161 and 611; Texas Family Code, Chapter 261; and other applicable state law concerning confidentiality of protected health information and the release of mental health records.", "sourceNote": "Source Note: The provisions of this §781.309 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224461&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224461", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.310", "label": "Billing and Financial Relationships" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201721", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee shall not intentionally or knowingly offer to pay or agree to accept any remuneration directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, corporation, or entity for securing or soliciting clients or patronage for or from any health care professional. In accordance with the provisions of the Act, §505.451, a licensee is subject to disciplinary action if the licensee directly or indirectly offers to pay or agrees to accept remuneration to or from any person for securing or soliciting a client or patronage. Payment of credentialing or other fees to insurance companies or other third party payers to be part of an approved provider list shall not be considered as a violation of this chapter.(b) A licensee employed or under contract with a chemical dependency facility or a mental health facility, shall comply with the requirements in the Texas Health and Safety Code, §164.006, relating to soliciting and contracting with certain referral sources. (c) A licensee shall not knowingly or flagrantly overcharge a client, and shall bill clients and/or third parties for only those services that the licensee actually renders.(d) Billing documents shall accurately reflect any collateral service the licensee uses to help serve the client.(e) A licensee may not submit to a client and/or a third party payer a bill for services that the licensee knows were not provided, with the exception of a missed appointment, or knows were improper, unreasonable or unnecessary.", "sourceNote": "Source Note: The provisions of this §781.310 adopted to\r\nbe effective November 19, 2020, 45 TexReg 8157; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1913." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201721&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201721", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.311", "label": "Client Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205182", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Communication between a licensee and client, as well as the client's records, however created or stored, are confidential under the provisions of the Texas Health and Safety Code, Chapter 181, Texas Health and Safety Code, Chapter 611, and other state or federal statutes or rules, including rules of evidence, where such statutes or rules apply to a licensee's practice.(b) A licensee shall not disclose any communication, record, or client identity except as provided in the Texas Health and Safety Code, the Health Insurance Portability and Accountability Act (HIPAA), and/or other applicable state or federal statutes or rules.(c) A licensee shall comply with Texas Health and Safety Code, Chapter 611, concerning access to mental health records.(d) To release information for or about clients, a licensee shall have written permission signed by the client or the client guardian. That permission, which must be dated, shall include the client's name and identifying information; the purpose for releasing the information; the individual or entity to which the information is released; the length of time the release is authorized; the signature of the client or guardian representative; and date of signature.(e) The social worker shall maintain the written release of information in the permanent client record and shall review and update it at least every twelve months.(f) A licensee shall report information if required by any of the following statutes:(1) Texas Family Code, Chapter 261, concerning abuse or neglect of minors;(2) Texas Human Resources Code, Chapter 48, concerning abuse, neglect, or exploitation of elderly or disabled persons;(3) Texas Health and Safety Code, §161.131 et seq., concerning abuse, neglect, and illegal, unprofessional, or unethical conduct in an in-patient mental health facility, a chemical dependency treatment facility or a hospital providing comprehensive medical rehabilitation services; and(4) Texas Civil Practice and Remedies Code, §81.006, concerning sexual exploitation by a mental health services provider.(g) A licensee may take reasonable action to inform only medical or law enforcement personnel if the professional determines that a client or others are at imminent risk of physical injury, or a client is in immediate risk of mental or emotional injury, in accordance with the Texas Health and Safety Code, Chapter 611, concerning mental health records.", "sourceNote": "Source Note: The provisions of this §781.311 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205182", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.312", "label": "Licensees and the Council" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201724", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any person licensed as a social worker is bound by the provisions of the Act and this chapter and Council rules and statutes.(b) A social worker shall report alleged misrepresentations or violations of this chapter to the Council.", "sourceNote": "Source Note: The provisions of this §781.312 adopted to be effective November 19, 2020, 45 TexReg 8157; amended to be effective June 1, 2021, 46 TexReg 3411." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201724&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201724", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.316", "label": "Advertising and Announcements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201725", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Social workers' advertisements and announcements shall not contain deceptive, inaccurate, incomplete, out-of-date, or out-of-context information about services or competence. Advertising includes, but is not limited to, any announcement of services, letterhead, business cards, commercial products, website entries, email, cell phone communications, social media communications, and billing statements.(b) The Council imposes no restrictions on the advertising medium a social worker uses, including personal appearances, use of personal voice, size or duration of the advertisement or use of a trade name.(c) All advertisements or announcements of a licensee's professional services, including website pages, social media communications, or telephone directory listings, shall clearly state the social worker's licensure designation and any specialty recognition, if any.(d) A social worker shall not announce or advertise any information or reference to the social worker's certification in a field outside of social work that is deliberately intended to mislead the public.(e) A licensee who retains or hires others to advertise or promote the licensee's practice remains responsible for the statements and representations made.", "sourceNote": "Source Note: The provisions of this §781.316 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201725&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201725", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.317", "label": "Research and Publications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201726", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In research with a human subject, a social worker is responsible for the subject's welfare throughout a project, shall obtain informed consent and take reasonable precautions so that the subject shall suffer no injurious emotional, physical or social effect.(b) A social worker shall disguise data obtained from a professional relationship for the purposes of education or research to ensure full protection of the identity of the subject client.(c) When conducting and reporting research, a social worker must recognize previous work on the topic, as well as observe all copyright laws.(d) A social worker must give due credit through joint authorship, acknowledgment, footnote statements, Internet sources, or other appropriate means to those who have contributed significantly to the social worker's research or publication.", "sourceNote": "Source Note: The provisions of this §781.317 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201726&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201726", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.318", "label": "Providing Social Studies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201727", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees shall comply with the Texas Family Code, Chapter 107, and other applicable laws when providing social studies.", "sourceNote": "Source Note: The provisions of this §781.318 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201727&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201727", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.319", "label": "Licensed Sex Offender Treatment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201728", "queryAsDate": "03/11/2026" }, "ruleBody": "A social worker who is licensed as a sex offender treatment provider by the Council on Sex Offender Treatment is not subject to disciplinary action by the Council in relation to the social worker's provision of sex offender treatment. A social worker who is a sex offender treatment provider and who acts in conformance with the rules, policies, and procedures of the Council on Sex Offender Treatment is not subject to any administrative sanction by the Council. If the Council on Sex Offender Treatment takes disciplinary action against a social worker who is a sex offender treatment provider, the Council may consider the final order imposing such disciplinary action as grounds for disciplinary action by the Council.", "sourceNote": "Source Note: The provisions of this §781.319 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201728&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201728", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.320", "label": "Parent Coordination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201729", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with the Family Code, §153.601(3), \"parenting coordinator\" means an impartial third party:(1) who, regardless of the title by which the person is designated by the court, performs any function described in the Family Code, §153.606, in a suit; and(2) who:(A) is appointed under Family Code, Chapter 153, Subchapter K (relating to Parenting Plan, Parenting Coordinator, and Parenting Facilitator) by the court on its own motion, or on a motion or agreement of the parties, to assist parties in resolving parenting issues through confidential procedures; and(B) is not appointed under another statute or a rule of civil procedure.(b) A licensee who serves as a parenting coordinator is not acting under the authority of a license issued by the Council, and is not engaged in the practice of social work. The services provided by the licensee who serves as a parenting coordinator are not within the jurisdiction of the Council, but rather the jurisdiction of the appointing court.(c) A licensee who serves as a parenting coordinator has a duty to provide the information in subsection (b) of this section to the parties to the suit.(d) Records of a licensee serving as a parenting coordinator are confidential under the Civil Practices and Remedies Code, §154.073. Licensees serving as a confidential parenting coordinator shall comply with the Civil Practices and Remedies Code, Chapter 154, relating to the release of information.(e) A licensee shall not provide social work services to any person while simultaneously providing parenting coordination services. This section shall not apply if the court enters a finding that mental health services are not readily available in the location where the parties reside.", "sourceNote": "Source Note: The provisions of this §781.320 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201729&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201729", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.321", "label": "Parenting Facilitation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201730", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with House Bill 1012, 81st Legislature, Regular Session, 2009, and Family Code, Chapter 153, this section establishes the practice standards for licensees who desire to serve as parenting facilitators.(b) In accordance with the Family Code, §153.601(3-a), a \"parenting facilitator\" means an impartial third party:(1) who, regardless of the title by which the person is designated by the court, performs any function described by the Family Code, §153.6061, in a suit; and(2) who:(A) is appointed under Family Code, Chapter 153, Subchapter K (relating to Parenting Plan, Parenting Coordinator, and Parenting Facilitator) by the court on its own motion, or on a motion or agreement of the parties, to assist parties in resolving parenting issues through procedures that are not confidential; and(B) is not appointed under another statute or a rule of civil procedure.(c) Notwithstanding any other provision of this chapter, licensees who desire to serve as parenting facilitators shall comply with all applicable requirements of the Family Code, Chapter 153, and this section. Licensees shall also comply with all requirements of this chapter unless a provision is clearly inconsistent with the Family Code, Chapter 153, or this section.(d) In accordance with the Family Code, §153.6102(e), a licensee serving as a parenting facilitator shall not provide other social work services to any person while simultaneously providing parenting facilitation services. This section shall not apply if the court enters a finding that mental health services are not readily available in the location where the parties reside.(e) A licensee serving as a parenting facilitator utilizes child-focused alternative dispute resolution processes, assists parents in implementing their parenting plan by facilitating the resolution of disputes in a timely manner, educates parents about children's needs, and engages in other activities as referenced in the Family Code, Chapter 153.(f) A licensee serving as a parenting facilitator shall assist the parties involved in reducing harmful conflict and in promoting the best interests of the children.(g) A licensee serving as a parenting facilitator functions in four primary areas in providing services.(1) Conflict management function. The primary role of the parenting facilitator is to assist the parties to work out disagreements regarding the children to minimize conflict. To assist the parents in reducing conflict, the parenting facilitator may monitor the electronic or written exchanges of parent communications and suggest productive forms of communication that limit conflict between the parents.(2) Assessment function. A parenting facilitator shall review applicable court orders, including protective orders, social studies, and other relevant records to analyze the impasses and issues as brought forth by the parties.(3) Educational function. A parenting facilitator shall educate the parties about child development, divorce, the impact of parental behavior on children, parenting skills, and communication and conflict resolution skills.(4) Coordination/case management function. A parenting facilitator shall work with the professionals and systems involved with the family (for example, mental health, health care, social services, education, or legal) as well as with extended family, stepparents, and significant others as necessary.(h) A licensee serving as a parenting facilitator shall be alert to the reasonable suspicion of acts of domestic violence directed at a parent, a current partner, or children. The parenting facilitator shall adhere to protection orders, if any, and take reasonable measures to ensure the safety of the participants, the children and the parenting facilitator, while understanding that even with appropriate precautions a guarantee that no harm will occur can be neither stated nor implied.(i) In order to protect the parties and children in domestic violence cases involving power, control and coercion, a parenting facilitator shall tailor the techniques used so as to avoid offering the opportunity for further coercion.(j) A licensee serving as a parenting facilitator shall be alert to the reasonable suspicion of substance abuse by parents or children, as well as mental health impairment of a parent or child.(k) A licensee serving as a parenting facilitator shall not provide legal advice.(l) A licensee serving as a parenting facilitator shall serve by written agreement of the parties and/or formal order of the court.(m) A licensee serving as a parenting facilitator shall not initiate providing services until the licensee has received and reviewed the fully executed and filed court order or the signed agreement of the parties.(n) A licensee serving as a parenting facilitator shall maintain impartiality in the process of parenting facilitation. Impartiality means freedom from favoritism or bias in word, action, or appearance, and includes a commitment to assist all parties, as opposed to any one individual.(o) A licensee serving as a parenting facilitator:(1) shall terminate or withdraw services if the licensee determines the licensee cannot act in an impartial or objective manner;(2) shall not give or accept a gift, favor, loan or other item of value from any party having an interest in the parenting facilitation process;(3) shall not coerce or improperly influence any party to make a decision;(4) shall not intentionally or knowingly misrepresent or omit any material fact, law, or circumstance in the parenting facilitator process; and(5) shall not accept any engagement, provide any service, or perform any act outside the role of parenting facilitation that would compromise the facilitator's integrity or impartiality in the parenting facilitation process.(p) A licensee serving as a parenting facilitator may make referrals to other professionals to work with the family, but shall avoid actual or apparent conflicts of interest by referrals. No commissions, rebates, or similar remuneration shall be given or received by a licensee for parenting facilitation or other professional referrals.(q) A licensee serving as a parenting facilitator should attempt to bring about resolution of issues by agreement of the parties; however, the parenting facilitator is not acting in a formal mediation role. An effort towards resolving an issue, which may include therapeutic, mediation, education, and negotiation skills, does not disqualify a licensee from making recommendations regarding any issue that remains unresolved after efforts of facilitation.(r) A licensee serving as a parenting facilitator shall communicate with all parties, attorneys, children, and the court in a manner which preserves the integrity of the parenting facilitation process and considers the safety of the parents and children.(s) A licensee serving as a parenting facilitator:(1) may meet individually or jointly with the parties, as deemed appropriate by the parenting facilitator, and may interview the children;(2) may interview any individuals who provide services to the children to assess the children's needs and wishes; and(3) may communicate with the parties through face-to-face meetings or electronic communication.(t) A licensee serving as a parenting facilitator shall, prior to the beginning of the parenting facilitation process and in writing, inform the parties of:(1) the limitations on confidentiality in the parenting facilitation process; and(2) the basis of fees and costs and the method of payment, including any fees associated with postponement, cancellation and/or nonappearance, and the parties' pro rata share of the fees and costs as determined by the court order or written agreement of the parties.(u) Information obtained during the parenting facilitation process shall not be shared outside the parenting facilitation process except for professional purposes, as provided by court order, by written agreement of the parties, or as directed by the Council.(v) In the initial session with each party, a licensee serving as a parenting facilitator shall review the nature of the parenting facilitator's role with the parents to ensure that they understand the parenting facilitation process.(w) A licensee serving as a parenting facilitator:(1) shall comply with all mandatory reporting requirements, including but not limited to Family Code, Chapter 261, concerning abuse or neglect of minors;(2) shall report to law enforcement or other authorities if they have reason to believe that any participant appears to be at serious risk to harm themselves or a third party;(3) shall maintain records necessary to support charges for services and expenses, and shall make a detailed accounting of those charges to the parties and their counsel, if requested to do so;(4) shall maintain notes regarding all communications with the parties, the children, and other persons with whom they speak about the case; and(5) shall maintain records in a manner that is professional, legible, comprehensive, and inclusive of information and documents that relate to the parenting facilitation process and that support any recommendations made by the licensee.(x) Records of a licensee serving as a parenting facilitator are not mental health records and are not subject to the disclosure requirements of Health and Safety Code, Chapter 611. At a minimum, records shall be maintained for the period of time described in §781.209(4) of this title (relating to Client Records and Record Keeping), or as otherwise directed by the court.(y) Records of a licensee serving as a parenting facilitator shall be released on the request of either parent, as directed by the court, or as directed by the Council.(z) Charges for parenting facilitation services shall be based upon the actual time expended by the parenting facilitator, or as directed by the written agreement of the parties, and/or formal order of the court.(aa) All fees and costs shall be appropriately divided between the parties as directed by the court order of appointment and/or as noted in the parenting facilitators' written fee disclosure to the parties.(bb) Fees may be disproportionately divided fees if one parent is disproportionately creating a need for services and if such a division is outlined in the court order of appointment and/or as noted in the parenting facilitators' written fee disclosure to the parties.(cc) Services and activities for which a licensee serving as a parenting facilitator may charge include time spent interviewing parents, children and collateral sources of information; preparation of agreements, correspondence, and reports; review of records and correspondence; telephone and electronic communication; travel; court preparation; and appearances at hearings, depositions and meetings.(dd) The minimum training for a licensee serving as a parenting facilitator that is required by the Family Code, §153.6101(b), and is determined by the court is:(1) eight hours of family violence dynamics training provided by a family violence service provider;(2) 40 classroom hours of training in dispute resolution techniques in a course conducted by an alternative dispute resolution system or other dispute resolution organization approved by the court;(3) 24 classroom hours of training in the fields of family dynamics, child development, family law; and(4) 16 hours of training in the laws and Council rules governing parenting coordination and facilitation, and the multiple styles and procedures used in different models of service.(ee) A licensee serving as a parenting facilitator:(1) shall complete minimum training as required by the Family Code, §153.6101, as determined by the appointing court;(2) shall have extensive practical experience with high conflict or litigating parents;(3) shall complete and document upon request advanced training in family dynamics, child maltreatment, co-parenting, and high conflict separation and divorce; and(4) shall regularly complete continuing education related to co- parenting issues, high-conflict families and the parenting coordination and facilitation process.(ff) A licensee serving as a parenting facilitator shall decline an appointment, withdraw, or request appropriate assistance when the facts and circumstances of the case are beyond the licensee's skill or expertise.(gg) Since parenting facilitation services are addressed under multiple titles in different jurisdictions nationally, acceptability of training to meet the requirements of subsection (dd) of this section is based on functional skills taught during the training rather than the use of specific titles or names.", "sourceNote": "Source Note: The provisions of this §781.321 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201730&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201730", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.322", "label": "Child Custody Evaluations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201731", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees shall comply with Texas Family Code, Chapter 107, Subchapters D, E, and F, concerning Child Custody Evaluation, Adoption Evaluation, and Evaluations in Contested Adoptions.(b) A licensee who has completed a doctoral degree and at least 10 court-ordered child custody evaluations under the supervision of an individual qualified by the Texas Family Code, Chapter 107 to perform child custody evaluations is qualified to conduct child custody evaluations under Texas Family Code, Chapter 107. All other licensees must comply with the qualification requirements stipulated in Texas Family Code, Chapter 107.(c) Any complaint relating to the outcome of a child custody evaluation or adoption evaluation conducted by a licensee must be re-ported to the court that ordered the evaluation.(d) Disclosure of confidential information in violation of Texas Family Code, §107.111 or §107.163 is grounds for disciplinary action, up to and including revocation of license, by the Council.(e) A licensee who provides services concerning a matter which the licensee knows or should know will be utilized in a legal proceeding, such as a divorce, child custody determination, disability claim, or criminal prosecution, must comply with all applicable Council rules in this chapter regardless of whether the licensee is acting as a factual witness or an expert.(f) A licensee may not provide therapy and any other type of service, including but not limited to a child custody evaluation or parenting facilitation, in the same case, whether such services are delivered sequentially or simultaneously.(g) Licensees may not offer an expert opinion or recommendation relating to the conservatorship of or possession of or access to a child unless the licensee has conducted a child custody evaluation relating to the child under Texas Family Code, Chapter 107, Subchapter D.(h) Licensees providing child custody evaluations or adoption evaluations shall, prior to beginning the evaluation, in writing inform the parties of:(1) the limitations on confidentiality in the evaluation process; and(2) the basis of fees and costs and the method of payment, including any fees associated with postponement, cancelation and/or nonappearance, and the parties' pro rata share of the fees and costs as determined by the court order or written agreement of the parties.(i) A Licensed Baccalaureate Social Worker shall not conduct child custody evaluations or adoption evaluations unless qualified to provide such services by another professional license or otherwise by Texas Family Code, Chapter 107.", "sourceNote": "Source Note: The provisions of this §781.322 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201731&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201731", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§781.323", "label": "Technology in Social Work Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213755", "queryAsDate": "03/11/2026" }, "ruleBody": "When social workers use technology to provide services, they are subject to all rules and statutes, including this chapter and Occupations Code, Chapter 505, as if providing face to face services.", "sourceNote": "Source Note: The provisions of this §781.323 adopted to be effective November 19, 2020, 45 TexReg 8157." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213755&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213755", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.401", "label": "Qualifications for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203435", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensure. The following education and experience is required for licensure as designated. If an applicant for a license has held a substantially equivalent license in good standing in another jurisdiction for one year immediately preceding the date of application, the applicant will be deemed to have met the experience requirement under this chapter.(1) Licensed Clinical Social Worker (LCSW).(A) Has been conferred a master's degree in social work from a CSWE-accredited social work program, or a doctoral degree in social work from an accredited institution of higher learning acceptable to the Council, and has documentation in the form of a university transcript of successfully completing a field placement in social work.(B) Has had 3000 hours of supervised professional clinical experience over a period of at least 24 months, or its equivalent if the experience was completed in another jurisdiction. Hours accrued in non-clinical settings may be used to satisfy the requirements of this rule if the applicant works at least 4 hours per week providing clinical social work as defined in §781.102 of this title.(C) Has had a minimum of 100 hours of supervision, over the course of the 3000 hours of supervised experience, with a Council approved supervisor. If the social worker completed supervision in another jurisdiction, the social worker shall have the supervision verified by the regulatory authority in the other jurisdiction. If such verification is impossible, the social worker may request that the Council accept alternate verification of supervision.(D) Has passed the Clinical examination administered nationally by ASWB.(2) Licensed Master Social Worker (LMSW).(A) Has been conferred a master's degree in social work from a CSWE-accredited social work program, or a doctoral degree in social work from an accredited university acceptable to the Council, and has documentation in the form of a university transcript of successfully completing a field placement in social work.(B) Has passed the Master's examination administered nationally by ASWB.(3) Licensed Baccalaureate Social Worker (LBSW).(A) Has been conferred a baccalaureate degree in social work from a CSWE accredited social work program.(B) Has passed the Bachelors examination administered nationally by ASWB.(b) Specialty Recognition. The following education and experience is required for Independent Non-clinical Practice specialty recognitions.(1) Is currently licensed in the State of Texas as an LBSW or LMSW.(2) While fully licensed as a social worker has had 3000 hours of supervised full-time social work experience over a minimum two-year period, or its equivalent if the experience was completed in another state. Supervised professional experience must comply with §781.404 of this title and all other applicable laws and rules.(3) Has had a minimum of 100 hours of supervision, over the course of the 3000 hours of experience, with a Council-approved supervisor. If supervision was completed in another jurisdiction, the social worker shall have the supervision verified by the regulatory authority in the other jurisdiction. If such verification is impossible, the social worker may request that the Council accept alternate verification.(c) Applicants for a license must complete the Council's jurisprudence examination and submit proof of completion at the time of application.", "sourceNote": "Source Note: The provisions of this §781.401 adopted to be effective November 19, 2020, 45 TexReg 8161; amended to be effective February 4, 2021, 46 TexReg 816; amended to be effective February 27, 2022, 47 TexReg 778; amended to be effective November 23, 2022, 47 TexReg 7687; amended to be effective June 15, 2023, 48 TexReg 2958." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203435", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.402", "label": "Clinical Supervision for LCSW and Non-Clinical Supervision for Independent Practice Recognition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203436", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who has obtained a temporary license may not begin the supervision process toward independent non-clinical practice or independent clinical practice until the regular license is issued.(b) To accrue supervised clinical experience required for the issuance of a LCSW:(1) an LMSW shall complete a supervision plan form prescribed by the Council, or a form with substantially equivalent information, and signed by both the LMSW and the Council-approved clinical supervisor;(2) the Council-approved clinical supervisor shall keep a supervision file on the LMSW that includes the supervision plan, list of locations where the LMSW provides supervised clinical services, and a log of clinical experience and supervision earned by the LMSW;(3) the Council-approved clinical supervisor shall submit a completed and signed supervision verification form prescribed by the Council when the LMSW submits an application for re-categorization; and(4) the LMSW shall submit an application for re-categorization of his or her licensure to LCSW upon fulfillment of the supervision requirements.(c) An LMSW who plans to apply for the LCSW may not open an independent social work practice to provide clinical social work to clients.(d) To accrue supervised experience required for an LBSW or an LMSW to apply for Independent Practice Recognition the LBSW or LMSW shall:(1) complete a supervision plan form prescribed by the Council, or a form with substantially equivalent information, and signed by both the LBSW or LMSW and the Council-approved supervisor;(2) the Council-approved supervisor shall keep a supervision file on the LBSW or LMSW that includes the supervision plan, list of locations where the LBSW or LMSW provides supervised services, and a log of experience and supervision earned by the LBSW or LMSW;(3) the Council-approved supervisor shall submit a completed and signed supervision verification form prescribed by the Council when the LBSW or LMSW submits an application for Independent Practice Recognition; and(4) submit an application for Independent Practice Recognition upon fulfillment of the supervision requirements.(e) A licensee who is required to be supervised as a condition of initial licensure, continued licensure, or disciplinary action must:(1) submit one supervisory plan for each practice location to the Council for approval by the Council or its designee within 30 days of initiating supervision;(2) submit a current job description from the agency in which the social worker is employed with a verification of authenticity from the agency director or his or her designee on agency letterhead or submit a copy of the contract or appointment under which the licensee intends to work, along with a statement from the potential supervisor that the supervisor has reviewed the contract and is qualified to supervise the licensee in the setting;(3) ensure that the supervisor submits reports to the Council on a schedule determined by the Council. In each report, the supervisor must address the supervisee's performance, how closely the supervisee adheres to statutes and rules, any special circumstances that led to the imposition of supervision, and recommend whether the supervisee should continue licensure. If the supervisor does not recommend the supervisee for continued licensure, the supervisor must provide specific reasons for not recommending the supervisee. The Council may consider the supervisor's reservations as it evaluates the supervision verification the supervisee submits; and(4) notify the Council immediately if there is a disruption in the supervisory relationship or change in practice location and submit a new supervisory plan within 30 days of the break or change in practice location.(f) This rule shall apply to all pending applications, supervision plans awaiting review or previously approved, as well as all future applications filed with the Council.", "sourceNote": "Source Note: The provisions of this §781.402 adopted to be effective November 19, 2020, 45 TexReg 8161; amended to be effective February 4, 2021, 46 TexReg 817." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203436", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.403", "label": "Independent Practice Recognition (Non-Clinical)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217159", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An LBSW or LMSW who seeks to obtain the specialty recognition of independent non-clinical practice shall meet requirements and parameters set by the Council in §781.401 of this title (relating to Qualifications for Licensure).(b) An individual supervising an LBSW for independent non-clinical practice recognition shall be an LBSW recognized for independent non-clinical practice; an LMSW recognized for independent non-clinical practice; an LMSW-AP; or an LCSW. The supervisor shall be Council-approved.(c) An individual supervising an LMSW for the independent non-clinical practice recognition shall be Council-approved and shall be an LMSW recognized for independent non-clinical practice, an LMSW-AP, or an LCSW.(d) A person who has obtained only the temporary license may not begin supervision until the Council issues a regular license.(e) The Council may use the Internal Revenue Service (IRS) guidelines developed in 1996 to demonstrate whether a professional is an independent contractor or an employee. These guidelines revolve around the control an employer has in an employer-employee relationship, in which the employer has the right to control the \"means and details\" by which services are performed.(1) Behavioral control. The employer can control the employee's behavior by giving instructions about how the work gets done rather than simply looking at the end products of work. The more detailed the instructions, the more control the employer exercises. An employer requiring that employees be trained for the job is also an example of behavioral control, though contractors may also go through training.(2) Financial control. The employer determines the amount and regularity of payments to employees. A contractor is typically paid when he/she completes the work, and the contractor usually sets a timeframe for completing the work. The most important element of financial control is that a contractor has more freedom to make business decisions that affect the profitability of his/her work. A contractor, for instance, may invest in renting an office or buying equipment, while the employee does not. While employees are usually reimbursed for job-related expenses, the contractor may or may not be reimbursed, but lack of reimbursement usually signals that a worker is independent. An independent contractor often makes his or her services available to other potential clients, while an employee does not.(3) Relationship of the parties. The intent of the relationship is significant. The relationship is usually outlined in the written contract and gives one party more control than the other. If a company gives a worker employee benefits, the worker is an employee. The ability to terminate the relationship is another evidence of control in the relationship. If the employer-employee relationship appears to be permanent, it denotes an employee, not contractor, relationship. If a worker performs activities that are a key aspect of the company's regular business, that denotes an employee status.(f) An LBSW or LMSW who plans to apply for the specialty recognition of non-clinical independent practice shall follow procedures set out in §781.402 of this title (relating to Clinical Supervision for LCSW and Non-Clinical Supervision for LMSW-AP and Independent Practice Recognition).(g) An LBSW or LMSW may practice independently when the LMSW or LBSW holds the independent practice specialty recognition, or when under a supervision plan for independent practice but the Council-approved supervisor is still responsible for the acts or omissions of the supervisee while providing services under the supervision plan.", "sourceNote": "Source Note: The provisions of this §781.403 adopted to be effective November 19, 2020, 45 TexReg 8161; amended to be effective February 4, 2021, 46 TexReg 818." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217159&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217159", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.404", "label": "Recognition as a Council-approved Supervisor and the Supervision Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210879", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Types of supervision include:(1) administrative or work-related supervision of an employee, contractor or volunteer that is not related to qualification for licensure, practice specialty recognition, a disciplinary order, or a condition of new or continued licensure;(2) clinical supervision of a Licensed Master Social Worker in a setting in which the LMSW is providing clinical services; the supervision may be provided by a Licensed Professional Counselor, Licensed Psychologist, Licensed Marriage and Family Therapist, Licensed Clinical Social Worker or Psychiatrist. This supervision is not related to qualification for licensure, practice specialty recognition, a disciplinary order, or a condition of new or continued licensure;(3) clinical supervision of a Licensed Master Social Worker, who is providing clinical services and is under a supervision plan to fulfill supervision requirements for achieving the LCSW; a Licensed Clinical Social Worker who is a Council-approved supervisor delivers this supervision;(4) non-clinical supervision of a Licensed Master Social Worker or Licensed Baccalaureate Social Worker who is providing non-clinical social work service toward qualifications for independent non-clinical practice recognition; this supervision is delivered by a Council-approved supervisor; or(5) Council-ordered supervision of a licensee by a Council-approved supervisor pursuant to a disciplinary order or as a condition of new or continued licensure.(b) A person who wishes to be a Council-approved supervisor must file an application and pay the applicable fee.(1) A Council-approved supervisor must be actively licensed in good standing by the Council as an LBSW, an LMSW, an LCSW, or be recognized as an Advanced Practitioner (LMSW-AP), or hold the equivalent social work license in another jurisdiction. The person applying for Council-approved status must have practiced at his/her category of licensure for two years. The Council-approved supervisor shall supervise only those supervisees who provide services that fall within the supervisor's own competency.(2) The Council-approved supervisor is responsible for the social work services provided within the supervisory plan.(3) The Council-approved supervisor must have completed a 40-hour supervisor's training program acceptable to the Council.(A) At a minimum, the 40-hour supervisor's training program must meet each of the following requirements:(i) the course must be taught by a licensed social worker holding both the appropriate license classification, and supervisor status issued by the Council;(ii) all related coursework and assignments must be completed over a time period not to exceed 90 days; and(iii) the 40-hour supervision training must include at least:(I) three (3) hours for defining and conceptualizing supervision and models of supervision;(II) three (3) hours for supervisory relationship and social worker development;(III) twelve (12) hours for supervision methods and techniques, covering roles, focus (process, conceptualization, and personalization), group supervision, multi-cultural supervision (race, ethnic, and gender issues), and evaluation methods;(IV) twelve (12) hours for supervision and standards of practice, codes of ethics, and legal and professional issues; and(V) three (3) hours for executive and administrative tasks, covering supervision plan, supervision contract, time for supervision, record keeping, and reporting.(B) Subparagraph (A) of this paragraph is effective September 1, 2023.(4) The Council-approved supervisor must submit required documentation and fees to the Council.(5) When a licensee is designated Council-approved supervisor, he or she may perform the following supervisory functions.(A) An LCSW may supervise clinical experience toward the LCSW license, non-clinical experience toward the Independent Practice Recognition (non-clinical), and Council-ordered probated suspension;(B) An LMSW-AP may supervise non-clinical experience toward the non-clinical Independent Practice Recognition; and Council-ordered probated suspension for non-clinical practitioners;(C) An LMSW with the Independent Practice Recognition (non-clinical) who is a Council-approved supervisor may supervise an LBSW's or LMSW's non-clinical experience toward the non-clinical Independent Practice Recognition; and an LBSW or LMSW (non-clinical) under Council-ordered probated suspension;(D) An LBSW with the non-clinical Independent Practice Recognition who is a Council-approved supervisor may supervise an LBSW's non-clinical experience toward the non-clinical Independent Practice Recognition; and an LBSW under Council-ordered probated suspension.(6) The approved supervisor must renew the approved supervisor status in conjunction with the biennial license renewal. The approved supervisor may surrender supervisory status by documenting the choice on the appropriate Council renewal form and subtracting the supervisory renewal fee from the renewal payment. If a licensee who has surrendered supervisory status desires to regain supervisory status, the licensee must reapply and meet the current requirements for approved supervisor status.(7) A supervisor must maintain the qualifications described in this section while he or she is providing supervision.(8) A Council-approved supervisor who wishes to provide any form of supervision or Council-ordered supervision must comply with the following:(A) The supervisor is obligated to keep legible, accurate, complete, signed supervision notes and must be able to produce such documentation for the Council if requested. The notes shall document the content, duration, and date of each supervision session.(B) A social worker may contract for supervision with written approval of the employing agency. A copy of the approval must accompany the supervisory plan submitted to the Council.(C) A Council-approved supervisor who is otherwise compensated for supervisory duties may not charge or collect a fee or anything of value from the supervisee for the supervision services provided to the supervisee.(D) Before entering into a supervisory plan, the supervisor shall be aware of all conditions of exchange with the clients served by her or his supervisee. The supervisor shall not provide supervision if the supervisee is practicing outside the authorized scope of the license. If the supervisor believes that a social worker is practicing outside the scope of the license, the supervisor shall make a report to the Council.(E) A supervisor shall not be employed by or under the employment supervision of the person who he or she is supervising.(F) A supervisor shall not be a family member of the person being supervised.(G) A supervisee must have a clearly defined job description and responsibilities.(H) A supervisee who provides client services for payment or reimbursement shall submit billing to the client or third-party payers which clearly indicates the services provided and who provided the services, and specifying the supervisee's licensure category and the fact that the licensee is under supervision.(I) If either the supervisor or supervisee has an expired license or a license that is revoked or suspended during supervision, supervision hours accumulated during that time will be accepted only if the licensee appeals to and receives approval from the Council.(J) A licensee must be a current Council-approved supervisor in order to provide professional development supervision toward licensure or specialty recognition, or to provide Council-ordered supervision to a licensee. Providing supervision without having met all requirements for current, valid Council-approved supervisor status may be grounds for disciplinary action against the supervisor.(K) The supervisor shall ensure that the supervisee knows and adheres to Subchapter B, Rules of Practice, of this Chapter.(L) The supervisor and supervisee shall avoid forming any relationship with each other that impairs the objective, professional judgment and prudent, ethical behavior of either.(M) Should a supervisor become subject to a Council disciplinary order, that person is no longer a Council-approved supervisor and must so inform all supervisees, helping them to find alternate supervision. The person may reapply for Council-approved supervisor status by meeting the terms of the disciplinary order and having their license in good standing, in addition to submitting an application for Council-approved supervisor, and proof of completion of a 40-hour Council-approved supervisor training course, taken no earlier than the date of execution of the Council order.(N) Providing supervision without Council-approved supervisor status is grounds for disciplinary action.(O) A supervisor shall refund all supervisory fees the supervisee paid after the date the supervisor ceased to be Council-approved.(P) A supervisor is responsible for developing a well-conceptualized supervision plan with the supervisee, and for updating that plan whenever there is a change in agency of employment, job function, goals for supervision, or method by which supervision is provided.(9) A Council-approved supervisor who wishes to provide supervision towards licensure as an LCSW or towards specialty recognition in Independent Practice (IPR) or Advanced Practitioner (LMSW-AP), which is supervision for professional growth, must comply with the following:(A) Supervision toward licensure or specialty recognition may occur in one-on-one sessions, in group sessions, or in a combination of one-on-one and group sessions. Session may transpire in the same geographic location, or via audio, web technology or other electronic supervision techniques that comply with HIPAA and Texas Health and Safety Code, Chapter 611, and/or other applicable state or federal statutes or rules.(B) Supervision groups shall have no fewer than two members and no more than six.(C) Supervision shall occur in proportion to the number of actual hours worked for the 3,000 hours of supervised experience. No more than 10 hours of supervision may be counted in any one month, or 30-day period, as appropriate, towards satisfying minimum requirements for licensure or specialty recognition.(D) The Council considers supervision toward licensure or specialty recognition to be supervision which promotes professional growth. Therefore, all supervision formats must encourage clear, accurate communication between the supervisor and the supervisee, including case-based communication that meets standards for confidentiality. Though the Council favors supervision formats in which the supervisor and supervisee are in the same geographical place for a substantial part of the supervision time, the Council also recognizes that some current and future technology, such as using reliable, technologically-secure computer cameras and microphones, can allow personal face-to-face, though remote, interaction, and can support professional growth. Supervision formats must be clearly described in the supervision plan, explaining how the supervision strategies and methods of delivery meet the supervisee's professional growth needs and ensure that confidentiality is protected.(E) Supervision toward licensure or specialty recognition must extend over a full 3000 hours over a period of not less than 24 full months for LCSW or Independent Practice Recognition (IPR). Even if the individual completes the minimum of 3000 hours of supervised experience and minimum of 100 hours of supervision prior to 24 months from the start date of supervision, supervision which meets the Council's minimum requirements shall extend to a minimum of 24 full months.(F) The supervisor and the supervisee bear professional responsibility for the supervisee's professional activities.(G) If the supervisor determines that the supervisee lacks the professional skills and competence to practice social work under a regular license, the supervisor shall develop and implement a written remediation plan for the supervisee.(H) Supervised professional experience required for licensure must comply with §781.401 of this title and §781.402 of this title and all other applicable laws and rules.(10) A Council-approved supervisor who wishes to provide supervision required as a result of a Council order must comply with this title, all other applicable laws and rules, and/or the following.(A) A licensee who is required to be supervised as a condition of initial licensure, continued licensure, or disciplinary action must:(i) submit one supervisory plan for each practice location to the Council for approval by the Council or its designee within 30 days of initiating supervision;(ii) submit a current job description from the agency in which the social worker is employed with a verification of authenticity from the agency director or his or her designee on agency letterhead or submit a copy of the contract or appointment under which the licensee intends to work, along with a statement from the potential supervisor that the supervisor has reviewed the contract and is qualified to supervise the licensee in the setting;(iii) ensure that the supervisor submits reports to the Council on a schedule determined by the Council. In each report, the supervisor must address the supervisee's performance, how closely the supervisee adheres to statutes and rules, any special circumstances that led to the imposition of supervision, and recommend whether the supervisee should continue licensure. If the supervisor does not recommend the supervisee for continued licensure, the supervisor must provide specific reasons for not recommending the supervisee. The Council may consider the supervisor's reservations as it evaluates the supervision verification the supervisee submits; and(iv) notify the Council immediately if there is a disruption in the supervisory relationship or change in practice location and submit a new supervisory plan within 30 days of the break or change in practice location.(B) The supervisor who agrees to provide Council-ordered supervision of a licensee who is under Council disciplinary action must understand the Council order and follow the supervision stipulations outlined in the order. The supervisor must address with the licensee those professional behaviors that led to Council discipline, and must help to remediate those concerns while assisting the licensee to develop strategies to avoid repeating illegal, substandard, or unethical behaviors.(C) Council-ordered and mandated supervision timeframes are specified in the Council order.", "sourceNote": "Source Note: The provisions of this §781.404 adopted to be effective November 19, 2020, 45 TexReg 8161; amended to be effective February 4, 2021, 46 TexReg 819; amended to be effective February 27, 2022, 47 TexReg 779; amended to be effective September 21, 2022, 47 TexReg 5852; amended to be effective June 15, 2023, 48 TexReg 2959; amended to be effective March 27, 2024, 49 TexReg 1935." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210879", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.405", "label": "Application for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210880", "queryAsDate": "03/11/2026" }, "ruleBody": "A licensure or specialty application must be submitted in accordance with Council rules §882.1 of this title (relating to Application Process) and §882.2 of this title (relating to General Application File Requirements).", "sourceNote": "Source Note: The provisions of this §781.405 adopted to be effective November 19, 2020, 45 TexReg 8161; amended to be effective November 23, 2022, 47 TexReg 7688." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210880", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.406", "label": "Required Documentation of Qualifications for Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201738", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application form. An applicant for licensure must submit a completed official application form with all requested information.(b) Education verification.(1) The applicant's education must be documented by official college transcripts from social work educational units accredited by CSWE.(2) Degrees for licensure as an LBSW or LMSW must be from programs accredited or in candidacy for accreditation by CSWE.(c) Experience verification.(1) An applicant's experience for licensure or for specialty recognition must meet the requirements of §781.401 of this title (relating to Qualifications for Licensure), §781.402 of this title (relating to Clinical Supervision for LCSW and Non-Clinical Supervision for Independent Practice Recognition), and §781.404 of this title (relating to Recognition as a Council-approved Supervisor and the Supervision Process). The applicant must document the names and addresses of supervisors; beginning and ending dates of supervision; job description; and average number of hours of social work activity per week. The applicant must further document the appropriate supervision plan and verification form for each practice location.(2) The applicant's experience must have been in a position providing social work services, under the supervision of a qualified supervisor, with written evaluations to demonstrate satisfactory performance.(3) The applicant must maintain and, upon request, provide to the Council documentation of employment status, pay vouchers, or supervisory evaluations.", "sourceNote": "Source Note: The provisions of this §781.406 adopted to be effective November 19, 2020, 45 TexReg 8161; amended to be effective February 4, 2021, 46 TexReg 820; amended to be effective February 27, 2022, 47 TexReg 780; amended to be effective November 23, 2022, 47 TexReg 7689." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201738&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201738", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.411", "label": "Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217162", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Prior to examination, a licensure applicant may obtain a temporary social work license as long as the applicant meets all the requirements, except the licensing examination, for the license category the applicant seeks.(b) A person holding a temporary license must take the designated examination within six months of issuance of the temporary license.(c) The temporary license is valid until the licensee attempts the appropriate examination or the end of the six-month issuance of the temporary license.(d) A person holding a temporary license must display the license at the licensee's place of business and must use the appropriate licensed title or initials followed by the word \"Temporary\" in all professional use of the licensee's name.(e) Should the applicant take and fail the examination, the temporary license is no longer valid. The applicant must immediately cease and desist from using the temporary license and title, and return the license certificate and certificate card to the Council.(f) Should the applicant pass the examination, the Council will issue the license or specialty recognition. A temporary license holder who has passed the licensing examination continues to be temporarily licensed until the Council issues a regular license or the temporary license expires.(g) A person who failed the examination and is without a valid temporary license may retake the examination under §781.412 of this title (relating to Examination Requirement).(h) A temporary license will not be granted to an applicant who has held a temporary license for the same license category previously within his/her lifetime.(i) An applicant for LCSW or specialty recognition is not eligible for a temporary or provisional license.(j) Applicants requesting a temporary license must submit the application form and fee required by the Council.", "sourceNote": "Source Note: The provisions of this §781.411 adopted to be effective November 19, 2020, 45 TexReg 8161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217162", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.412", "label": "Examination Requirement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201740", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for licensure or specialty recognition must pass an examination designated by the Council.(b) Applicants must have received a passing score on the ASWB national examination prior to the date of the application.(c) The Council may waive the examination for an applicant with a valid certificate or license from another state if the certificate or license was issued before January 1, 1986, if petitioned in writing.(d) On the basis of a verified report from ASWB that an applicant has cheated on the examination, the application shall be denied.", "sourceNote": "Source Note: The provisions of this §781.412 adopted to be effective November 19, 2020, 45 TexReg 8161; amended to be effective February 27, 2022, 47 TexReg 780; amended to be effective March 27, 2024, 49 TexReg 1938." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201740&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201740", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.414", "label": "Issuance License Certificates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201741", "queryAsDate": "03/11/2026" }, "ruleBody": "The licensee must include the license title or associated initials in all professional uses of the licensee's name as required by the Act, §505.351, as in Licensed Clinical Social Worker - LCSW; Licensed Master Social Worker - LMSW; or Licensed Baccalaureate Social Worker - LBSW. If the licensee holds a specialty recognition, he or she shall use the specialty recognition initials as well: Licensed Master Social Worker with non-clinical Independent Practice Recognition - LMSW-IPR; Licensed Baccalaureate Social Worker with non-clinical Independent Practice Recognition - LBSW-IPR; or Licensed Master Social Worker with Advanced Practitioner Recognition - LMSW-AP.", "sourceNote": "Source Note: The provisions of this §781.414 adopted to be effective November 19, 2020, 45 TexReg 8161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201741", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.418", "label": "Issuance of Licenses to Certain Out-of-State Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201742", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notwithstanding any other licensing requirement of this chapter or the Act:(1) The Council may not require an applicant who is licensed in good standing in another state to retake a licensing examination conducted by the Council under the Act if the applicant has passed the same examination in another jurisdiction.(2) The Council may issue a license to an applicant who is currently licensed in another jurisdiction to independently practice social work if the Council determines that the applicant demonstrates sufficient experience and competence; has passed the licensing examination appropriate to the category of licensure the applicant seeks; has passed the jurisprudence examination conducted by the Council under the Texas Occupations Code, §505.3545; and is in good standing with the regulatory body of the licensing jurisdiction at the time the applicant applied in Texas.(b) When assessing the applicant's experience and competence, the Council may consider any supervision the applicant received in another jurisdiction if the Council determines that the supervision would be considered for licensing or certification in the jurisdiction in which the applicant received the supervision.", "sourceNote": "Source Note: The provisions of this §781.418 adopted to be effective November 19, 2020, 45 TexReg 8161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201742", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.419", "label": "Licensing of Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203439", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant applying for licensure under this section must comply with Council §882.60 (relating to Special Provisions Applying to Military Service Members, Veterans, and Spouses).(b) Licensing requirements that either match or exceed Texas requirements are considered substantially equivalent.(c) For an application for a license submitted by a verified military service member or military veteran, the applicant shall receive credit towards any licensing or apprenticeship requirements, except an examination requirement, for verified military service, training, or education that is relevant to the occupation, unless he or she holds a restricted license issued by another jurisdiction or if he or she has an unacceptable criminal history as described by the Act and this chapter.", "sourceNote": "Source Note: The provisions of this §781.419 adopted to be effective November 19, 2020, 45 TexReg 8161." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203439", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.420", "label": "Licensing of Persons with Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213757", "queryAsDate": "03/11/2026" }, "ruleBody": "The following felonies and misdemeanors directly relate to the duties and responsibilities of a licensee:(1) offenses listed in Article 42A.054 of the Code of Criminal Procedure;(2) a sexually violent offense, as defined by Article 62.001 of the Code of Criminal Procedure;(3) any felony offense wherein the judgment reflects an affirmative finding regarding the use or exhibition of a deadly weapon;(4) any criminal violation of Chapter 505 (Social Work Practice Act) of the Occupations Code;(5) any criminal violation of Chapter 35 (Insurance Fraud) or Chapter 35A (Medicaid Fraud) of the Penal Code;(6) any criminal violation involving a federal health care program, including 42 USC Section 1320a-7b (Criminal penalties for acts involving Federal health care programs);(7) any offense involving the failure to report abuse or neglect;(8) any state or federal offense not otherwise listed herein, committed by a licensee while engaged in the practice of social work;(9) any criminal violation of Section 22.041 (abandoning or endangering a child) of the Penal Code;(10) any criminal violation of Section 21.15 (invasive visual recording) of the Penal Code;(11) any criminal violation of Section 43.26 (possession of child pornography) of the Penal Code;(12) any criminal violation of Section 22.04 (injury to a child, elderly individual, or disabled individual) of the Penal Code;(13) three or more drug or alcohol related convictions within the last 10 years, evidencing possible addiction that will have an effect on the licensee's ability to provide competent services; and(14) any attempt, solicitation, or conspiracy to commit an offense listed herein.", "sourceNote": "Source Note: The provisions of this §781.420 adopted to be effective February 4, 2021, 46 TexReg 821." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213757&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213757", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.421", "label": "Remedy for Incomplete License Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225382", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who does not meet all of the prerequisites for a particular license under Chapter 505 of the Occupations Code, may petition the Council for a waiver or modification of the prerequisite(s). An applicant may not petition for the waiver or modification of the degree required for the particular license sought or passage of the requisite examinations.(b) The Council may waive or modify a prerequisite for obtaining a license under Chapter 505 of the Occupations Code, subject to subsection (a) of this section, if:(1) the prerequisite is not mandated by federal law, the state constitution or statute, or 22 TAC Part 41; and(2) the failure or inability to meet the prerequisite was due to a disaster declared under Chapter 418 of the Government Code or under similar authority in another jurisdiction.(c) The Council may approve or deny a petition under this rule, and in the case of approval, may condition the approval on reasonable terms and conditions designed to ensure the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice under the license sought.", "sourceNote": "Source Note: The provisions of this §781.421 adopted to be effective June 15, 2023, 48 TexReg 2962." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225382&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225382", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "C", "label": "APPLICATION AND LICENSING" }, "rule": { "number": "§781.501", "label": "Requirements for Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201747", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Minimum Continuing Education Hours Required:(1) A licensee must complete 30 hours of continuing education during each renewal period that they hold a license. The 30 hours of continuing education must include 6 hours in ethics and 3 hours designed to ensure competency when providing services to a distinct population, defined as a group of people who share a common attribute, trait, or defining characteristic of the licensee's choice.(2) A licensee may carry forward to the next renewal period, a maximum of 10 hours accrued during the current renewal period if those hours are not needed for renewal.(b) Special Continuing Education Requirements.(1) A licensee with supervisory status must complete 6 hours of continuing education in supervision.(2) The special continuing education requirements set out in this subsection may be counted toward the minimum continuing education hours required under subsection (a) of this section.(c) Acceptable ethics hours include, but are not limited to continuing education on:(1) state or federal laws, including agency rules, relevant to the practice of social work;(2) practice guidelines established by local, regional, state, national, or international professional organizations;(3) training or education designed to demonstrate or affirm the ideals and responsibilities of the profession; and(4) training or education intended to assist licensees in determining appropriate decision-making and behavior, improve consistency in or enhance the professional delivery of services, and provide a minimum acceptable level of practice.(d) Acceptable Continuing Education Activities.(1) All continuing education hours must have been received during the renewal period unless allowed under subsection (a)(2) of this section, and be directly related to the practice of social work;(2) The Council shall make the determination as to whether the activity claimed by the licensee is directly related to the practice of social work;(3) Except for hours claimed under subsection (g) of this section, all continuing education hours obtained must be designated by the provider in a letter, email, certificate, or transcript that displays the licensee's name, topic covered, date(s) of training, and hours of credit earned; and(4) Multiple instances or occurrences of a continuing education activity may not be claimed for the same renewal period.(e) Licensees must obtain at least fifty percent of their continuing education hours from one or more of the following providers:(1) an international, national, regional, state, or local association of medical, mental, or behavioral health professionals; (2) public school districts, charter schools, or education service centers;(3) city, county, state, or federal governmental entities; (4) an institution of higher education accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation, the Texas Higher Education Coordinating Board, or the United States Department of Education;(5) religious or charitable organizations devoted to improving the mental or behavioral health of individuals;(6) a licensee that is a Council-approved supervisor;(7) a hospital or hospital system, including any clinic, division, or department within a hospital or hospital system; or(8) any provider approved or endorsed by a provider listed herein.(f) Licensees shall receive credit for continuing education activities according to the number of hours designated by the provider, or if no such designation, on a one-for-one basis with one credit hour for each hour spent in the continuing education activity.(g) Notwithstanding subsection (e) of this section, licensees may claim continuing education credit for each of the following activities:(1) Passage of the jurisprudence examination. Licensees who pass the jurisprudence examination may claim 1 hour of continuing education in ethics.(2) Preparing and giving a presentation at a continuing education activity. The maximum number of hours that may be claimed for this activity is 5 hours.(3) Authoring a book or peer reviewed article. The maximum number of hours that may be claimed for this activity is 5 hours.(4) Teaching or attending a university or college level course. The maximum number of hours that may be claimed for this activity is 5 hours.(5) Self-study. The maximum number of hours that may be claimed for this activity is 1 hour. Self-study is credit that is obtained from any type of activity that is performed by an individual licensee acting alone. Such activities include, but are not limited to, reading materials directly related to the practice of social work. Time spent individually viewing or listening to audio, video, digital, or print media as part of an organized continuing education activity, program or offering from a third-party is not subject to this self-study limitation and may count as acceptable continuing education under other parts of this rule.(6) Successful completion of a training course on human trafficking prevention described by §116.002 of the Occupations Code. Licensees who complete this training may claim 1 hour of continuing education credit.(7) Providing field or practicum instruction to social work students. A field or practicum instructor may claim one hour of continuing education credit for each hour of college or university credit that is awarded to the social work student receiving instruction. The maximum number of hours that may be claimed for this activity is 10 hours per renewal period, and hours claimed may not be counted toward the ethics or distinct population requirements.(h) The Council does not pre-evaluate or pre-approve continuing education providers or hours.(i) Licensees shall maintain proof of continuing education compliance for a minimum of 3 years after the applicable renewal period.", "sourceNote": "Source Note: The provisions of this §781.501 adopted to\r\nbe effective September 21, 2022, 47 TexReg 5853; amended to be effective\r\nJune 15, 2023, 48 TexReg 2963; amended to be effective March 27, 2024,\r\n49 TexReg 1939; amended to be effective July 20, 2025, 50 TexReg 4016." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201747&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201747", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§781.801", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210881", "queryAsDate": "03/11/2026" }, "ruleBody": "The schedule of sanctions is adopted by rule pursuant to the Act, §505.2015(2).", "sourceNote": "Source Note: The provisions of this §781.801 adopted to be effective November 19, 2020, 45 TexReg 8166." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210881", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§781.803", "label": "Severity Levels" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224462", "queryAsDate": "03/11/2026" }, "ruleBody": "The following are severity levels for the schedule of sanctions.(1) Level One--Revocation of license. These violations evidence the licensee's intentional or gross misconduct, cause or pose a high degree of harm to the public, and/or require severe punishment to deter the licensee, or other licensees. The fact that a license is ordered revoked does not necessarily mean the licensee can never regain licensure. The Council may also impose an administrative penalty of not less than $250 or more than $5,000 for each Level One violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a financial penalty.(2) Level Two--Suspension of license. These violations involve less misconduct, harm, or need for deterrence than Level One violations, but require suspension of licensure for a period of time. The Council may also impose an administrative penalty of not less than $250 or more than $5,000 for each Level Two violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.(3) Level Three--Probated suspension of license. These violations do not involve enough harm, misconduct, or need for deterrence to warrant suspension of licensure, yet are severe enough to warrant monitoring of the licensee to ensure future compliance. The Council may also impose an administrative penalty of not less than $250 or more than $5,000 for each Level Three violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.(4) Level Four--Reprimand. These violations involve minor misconduct not directly involving the health, safety or welfare of the particular member of the public at issue. The Council may also impose an administrative penalty of not less than $250 or more than $5,000 for each Level Four violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.", "sourceNote": "Source Note: The provisions of this §781.803 adopted to be effective November 19, 2020, 45 TexReg 8166; amended to be effective June 1, 2021, 46 TexReg 3412; amended to be effective November 23, 2022, 47 TexReg 7690." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224462&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224462", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§781.804", "label": "Other Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224463", "queryAsDate": "03/11/2026" }, "ruleBody": "Complaints may be resolved by issuance of a warning letter. Warning letters inform licensees of their duties under the Act, the Council Act, or council rules and whether the council has a concern about the circumstances surrounding the complaint.", "sourceNote": "Source Note: The provisions of this §781.804 adopted to\r\nbe effective November 19, 2020, 45 TexReg 8166; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1915." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224463&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224463", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "34", "label": "TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS" }, "chapter": { "number": "781", "label": "SOCIAL WORKER LICENSURE" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§781.805", "label": "Schedule of Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161223", "queryAsDate": "03/11/2026" }, "ruleBody": "The following standard sanctions shall apply to violations of the Act and these rules.Attached Graphic", "sourceNote": "Source Note: The provisions of this §781.805 adopted to\r\nbe effective November 23, 2022, 47 TexReg 7691; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1915." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161223", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§801.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217163", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this chapter is to implement the Licensed Marriage and Family Therapist Act, Texas Occupations Code, Chapter 502, concerning licensure and regulation of marriage and family therapists.", "sourceNote": "Source Note: The provisions of this §801.1 adopted to be effective April 20, 1994, 19 TexReg 2386; amended to be effective April 11, 2001, 26 TexReg 2713; amended to be effective July 2, 2006, 31 TexReg 5111; amended to be effective March 31, 2013, 38 TexReg 1982." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217163", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§801.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201293", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings unless the context indicates otherwise.(1) Accredited institutions or programs--An institution of higher education accredited by a regionally accrediting agency recognized by the Council for Higher Education Accreditation, the Texas Higher Education Coordinating Board, or the United States Department of Education.(2) Act--Texas Occupations Code, Chapter 502, the Licensed Marriage and Family Therapist Act.(3) Board--The Texas State Board of Examiners of Marriage and Family Therapists.(4) Client--An individual, family, couple, group, or organization who receives or has received services from a person identified as a marriage and family therapist who is either licensed by the council or unlicensed.(5) Council--The Texas Behavioral Health Executive Council.(6) Council Act--Texas Occupations Code, Chapter 507, concerning the Texas Behavioral Health Executive Council.(7) Council rules--22 Texas Administrative Code, Chapters 801 and 881 to 885.(8) Direct clinical services to couples or family--Professional services provided to couples or families in which a clinician delivers therapeutic services with two or more individuals simultaneously or two or more individuals from the same family system within the same therapeutic session. Individuals must share an ongoing relationship beyond that which occurs in the therapeutic experience itself. Examples of ongoing relationships include family systems, couple systems, enduring friendship/community support systems, and residential, treatment or situationally connected systems.(9) Endorsement--The process whereby the council reviews licensing requirements that a license applicant completed while under the jurisdiction of an out-of-state marriage and family therapy regulatory board. The council may accept, deny or grant partial credit for requirements completed in a different jurisdiction.(10) Executive director--the executive director for the Texas Behavioral Health Executive Council.(11) Family system--An open, on-going, goal-seeking, self-regulating, social system which shares features of all such systems. Certain features such as its unique structuring of gender, race, nationality and generation set it apart from other social systems. Each individual family system is shaped by its own particular structural features (size, complexity, composition, and life stage), the psychobiological characteristics of its individual members (age, race, nationality, gender, fertility, health and temperament) and its socio-cultural and historic position in its larger environment.(12) Group supervision--Supervision that involves a minimum of three and no more than six marriage and family therapy supervisees or LMFT Associates in a clinical setting during the supervision hour.(13) Independent Practice--The practice of providing marriage and family therapy services to a client without the supervision of an LMFT-S.(14) Individual supervision--Supervision of no more than two marriage and family therapy supervisees or LMFT Associates in a clinical setting during the supervision hour.(15) Jurisprudence exam--An online learning experience based on the Act, the Council Act, and council rules, and other state laws and rules relating to the practice of marriage and family therapy.(16) License--A marriage and family therapist license, a marriage and family therapist associate license, a provisional marriage and family therapist license, or a provisional marriage and family therapist associate license.(17) Licensed marriage and family therapist (LMFT)--As defined in §502.002 of the Occupations Code, a person who offers marriage and family therapy for compensation.(18) Licensed marriage and family therapist associate (LMFT Associate)--As defined in §502.002 of the Occupations Code, an individual who offers to provide marriage and family therapy for compensation under the supervision of a supervisor approved by the executive council. The appropriate council-approved terms to refer to an LMFT Associate are: \"Licensed Marriage and Family Therapist Associate\" or \"LMFT Associate.\" Other terminology or abbreviations like \"LMFT A\" are not council-approved and may not be used.(19) Licensee--Any person licensed by the council.(20) Licensure examination--The national licensure examination administered by the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) or the State of California marriage and family therapy licensure examination.(21) Marriage and family therapy--The rendering of professional therapeutic services to clients, singly or in groups, and involves the professional application of family systems theories and techniques in the delivery of therapeutic services to those persons. The term includes the evaluation and remediation of cognitive, affective, behavioral, or relational dysfunction or processes.(22) Month--A calendar month.(23) Person--An individual, corporation, partnership, or other legal entity.(24) Recognized religious practitioner--A rabbi, clergyman, or person of similar status who is a member in good standing of and accountable to a legally recognized denomination or legally recognizable religious denomination or legally recognizable religious organization and other individuals participating with them in pastoral counseling if:(A) the therapy activities are within the scope of the performance of regular or specialized ministerial duties and are performed under the auspices of sponsorship of an established and legally recognized church, denomination or sect, or an integrated auxiliary of a church as defined in 26 CFR §1.6033-2(h) (relating to Returns by exempt organizations (taxable years beginning after December 31, 1969) and returns by certain nonexempt organizations (taxable years beginning after December 31, 1980));(B) the individual providing the service remains accountable to the established authority of that church, denomination, sect, or integrated auxiliary; and(C) the person does not use the title of or hold himself or herself out as a licensed marriage and family therapist.(25) Supervision--(A) Supervision for licensure--The guidance or management in the provision of clinical services by a marriage and family therapy supervisee or LMFT Associate, which must be conducted for at least one supervision hour each week, except for good cause shown.(B) Supervision, Council-ordered--For the oversight and rehabilitation in the provision of clinical services by a licensee under a Council Order, defined by the Order and the Council-Ordered Supervision Plan, and must be conducted as specified in the Council Order and Supervision Plan (generally in face-to-face, one-on-one sessions).(26) Supervision hour--50 minutes.(27) Supervisor--An LMFT with supervisor status meeting the requirements set out in §801.143 of this title (relating to Supervisor Requirements). The appropriate council-approved terminology to use in reference to a Supervisor is: \"Supervisor,\" \"Licensed Marriage and Family Therapist Supervisor,\" \"LMFT-S\" or \"LMFT Supervisor.\" Other terminology or abbreviations may not be used.(28) Technology-assisted services--Providing therapy or supervision with technologies and devices for electronic communication and information exchange between a licensee in one location and a client or supervisee in another location.(29) Therapist--A person who holds a license issued by the council.(30) Waiver--The suspension of educational, professional, or examination requirements for an applicant who meets licensing requirements under special conditions.", "sourceNote": "Source Note: The provisions of this §801.2 adopted to be effective April 20, 1994, 19 TexReg 2386; amended to be effective November 22, 1996, 21 TexReg 11588; amended to be effective September 20, 1998, 23 TexReg 9343; amended to be effective May 11, 2000, 25 TexReg 3961; amended to be effective April 11, 2001, 26 TexReg 2713; amended to be effective November 27, 2002, 27 TexReg 10924; amended to be effective July 2, 2006, 31 TexReg 5111; amended to be effective May 18, 2008, 33 TexReg 3758; amended to be effective March 31, 2013, 38 TexReg 1982; amended to be effective November 23, 2014, 39 TexReg 9011; amendedto be effective March 26, 2017, 42 TexReg 1253; amended to be effective March 7, 2019, 44 TexReg 1131; amended to be effective October 5, 2020, 45 TexReg 7021; amended to be effective February 27, 2022, 47 TexReg 781; amended to be effective November 23, 2022, 47 TexReg 7692; amended to be effective March 27, 2024, 49 TexReg 1939." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201293&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201293", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§801.11", "label": "The Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201294", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Membership. The board is composed of nine members appointed by the governor. Four members must be selected from the general public. Five members must be eligible for licensure under the Act, at least one of whom must be a professional educator in marriage and family therapy. These members must have engaged in the practice or education of marriage and family therapy for at least five years, or have 5,000 hours of clinical experience in the practice of marriage and family therapy.(b) Terms. Members of the board hold office for staggered six-year terms. Three members' terms expire February 1 of each odd-numbered year.(c) Vacancies. In the event of a vacancy, the governor will appoint a replacement who meets the qualifications of the vacated office to fill the unexpired part of the term.(d) Elections. At the meeting held nearest to August 31 of each year, the board will elect a vice-chair by a majority vote of the members present.(e) Officers.(1) Chair. The chair is appointed by the governor and serves at the will of the governor.(A) The chair presides at all meetings he or she attends and performs all duties prescribed by law and board rules.(B) The chair is authorized by the board to make minor procedural decisions regarding board activities in order to facilitate the responsiveness and effectiveness of the board. The executive director or the executive director's designee will keep a record of the minor procedural decisions and include them in a report to the board.(2) Vice-chair.(A) The vice-chair performs the duties of the chair in the absence or disability of the chair.(B) In the event of a vacancy, the vice-chair serves as chair until the governor appoints or designates a new chair.(f) Committees. The chair may appoint board members to committees to assist the board in its work. All committees must consist of no more than four members and must make reports to the board at regular meetings.(g) Compensation. No board member may receive compensation for serving on the board. Each member is entitled to reimbursement of travel expenses for each day the member performs board functions.(h) Meetings.(1) Agendas.(A) The executive director or the executive director's designee must prepare and submit to each board member an agenda which includes items required by law, items requested by members, and other matters of board business approved by the chair.(B) The official agenda of a board meeting must be filed with the secretary of state as required by Texas Government Code, Chapter 551 (relating to Open Meetings).(2) Frequency of meetings. The board must meet at least biannually and may meet at other times as the chair deems necessary. All meetings must be conducted in accordance with Texas Government Code, Chapter 551 (relating to Open Meetings).(3) Attendance. It is grounds for removal from the board if a member is absent from more than half of the regularly scheduled board meetings the member is eligible to attend during the calendar year without an excuse approved by majority vote of the board. The chair must notify the governor a potential ground for removal exists. The attendance records of the members must be made available to the governor of the State of Texas and the Texas Sunset Advisory Commission.(4) Transaction of official business. The board may transact official business only when it is a legally constituted meeting with a quorum present. Five members of the board constitute a quorum.(i) The board is not bound in any way by any statement or action on the part of any board member, committee member, or staff member, except when a statement or action is in pursuance of the specific instruction of the board. Board member or staff member opinions, except when a statement or action is in pursuance of the specific instructions of the board, about ethical dilemmas or practice issues should never be substituted for appropriate professional consultation or legal advice.(j) Training. A person who is appointed to and qualifies for office as a board member may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program meeting the requirements established in Texas Occupations Code §502.059 (relating to Training Requirements) and Texas Government Code Chapter 551 (relating to Open Meetings).", "sourceNote": "Source Note: The provisions of this §801.11 adopted to be effective October 5, 2020, 45 TexReg 7021." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201294", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.41", "label": "Purpose of Rules of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201295", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this subchapter is to provide guidelines regarding the provision of professional therapeutic services and to establish standards of professional and ethical conduct required of a licensee.", "sourceNote": "Source Note: The provisions of this §801.41 adopted to be effective October 5, 2020, 45 TexReg 7024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201295", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.42", "label": "Professional Therapeutic Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224464", "queryAsDate": "03/11/2026" }, "ruleBody": "The following are professional therapeutic services which may be provided by an LMFT or LMFT Associate.(1) Marriage and couples therapy using systems, methods, and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies to achieve resolution of problems associated with cohabitation and interdependence of adults living as couples through the changing life cycle. These family system approaches assist in stabilizing and alleviating mental, emotional, or behavioral dysfunctions of either partner.(2) Sex therapy using systems, methods, and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies in the resolution of sexual disorders, except treatment for sex offenses. Sex offender treatment as defined by Texas Occupations Code, Chapter 110, and Chapter 810 of this title (relating to Council on Sex Offender Treatment), is not included under Sex Therapy. An individual seeking treatment for a sexual offense must be referred for services to those licensed by the Council on Sex Offender Treatment.(3) Family therapy using systems, methods, and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, affective, and family systems methods and strategies with families to achieve mental, emotional, physical, moral, educational, spiritual, and career development and adjustment through the changing family life cycle. These family system approaches assist in stabilizing and alleviating mental, emotional, or behavioral dysfunctions of a family member.(4) Child therapy using systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, affective and family systems methods and strategies with families to achieve mental, emotional, physical, moral, educational, spiritual, and career development and adjustment through the changing family life cycle. These family system approaches assist in stabilizing and alleviating mental, emotional, or behavioral dysfunctions of a child.(5) Play therapy using systems, methods, and processes which include play and play media as the child's natural medium of self-expression, and verbal tracking of the child's play behaviors as part of the therapist's role in helping children overcome their social, emotional, and mental problems.(6) Individual psychotherapy using systems, methods, and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, affective and family systems methods and strategies to achieve mental, emotional, physical, social, moral, educational, spiritual, and career development and adjustment through the developmental life span. These family system approaches assist in stabilizing and alleviating mental, emotional or behavioral dysfunctions in an individual.(7) Divorce therapy using systems, methods, and processes which include interpersonal, cognitive, cognitive behavioral, developmental, psychodynamic, affective and family system methods and strategies with families to achieve mental, emotional, physical, moral, educational, spiritual, and career development and adjustment through the changing family life cycle. These family system approaches assist in stabilizing and alleviating mental, emotional, or behavioral dysfunctions of the partners.(8) Mediation using systems, methods, and processes to facilitate resolution of disputes between two or more dissenting parties, including but not limited to any issues in divorce settlements, parenting plan modifications, parent-child conflicts, pre-marital agreements, workplace conflicts, and estate settlements. Mediation involves specialized therapeutic skills that foster cooperative problem solving, stabilization of relationships, and amicable agreements. A court appointed mediation requires a specialized training period.(9) Group therapy using systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies to achieve mental, emotional, physical, moral, educational, spiritual, and career development and adjustment throughout the life span.(10) Chemical dependency therapy using systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, affective methods and strategies, and 12-step methods to promote the healing of the client.(11) Rehabilitation therapy using systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies to achieve adjustment to a disabling condition and to reintegrate the individual into the mainstream of society.(12) Referral services using systems methods and processes which include evaluating and identifying needs of clients to determine the advisability of referral to other specialists, and informing the client of such judgment and communicating as requested or deemed appropriate to such referral sources. This includes social studies and family assessments of the individual within the family.(13) Diagnostic assessment using the knowledge organized in the Diagnostic and Statistical Manual of Mental Disorders (DSM) as well as the International Classification of Diseases (ICD) as part of their therapeutic role to help individuals identify their emotional, mental, and behavioral problems when necessary.(14) Psychotherapy using systems methods and processes which include interpersonal, cognitive, cognitive-behavioral, developmental, psychodynamic, and affective methods and strategies to assist clients in their efforts to recover from mental or emotional illness.(15) Hypnotherapy using systems methods and processes which include the principles of hypnosis and post-hypnotic suggestion in the treatment of mental and emotional disorders and addictions.(16) Biofeedback using systems methods and processes which include electronic equipment to monitor and provide feedback regarding the individual's physiological responses to stress. The therapist who uses biofeedback must be able to prove academic preparation and supervision in the use of the equipment as a part of the therapist's academic program or the substantial equivalent provided through continuing education.(17) Assessment and appraisal using systems methods and processes which include formal and informal instruments and procedures, for which the therapist has received appropriate training and supervision in individual and group settings for the purposes of determining the client's strengths and weaknesses, mental condition, emotional stability, intellectual ability, interests, aptitudes, achievement level and other personal characteristics for a better understanding of human behavior, and for diagnosing mental problems.(18) Consultation using systems, methods, and processes which include the application of specific principles and procedures in consulting to provide assistance in understanding and solving current or potential problems that the consultee may have in relation to a third party, whether individuals, groups, or organizations.(19) Activities under the Texas Family Code, Chapter 153, Subchapter K, concerning Parenting Plan, Parenting Coordinator, and Parenting Facilitator.(20) Parent education and parent training including advice, counseling, or instructions to parents or children.(21) Life coaching and any related techniques or modalities.(22) Any other related services provided by a licensee.", "sourceNote": "Source Note: The provisions of this §801.42 adopted to be effective October 5, 2020, 45 TexReg 7024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224464&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224464", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.43", "label": "Professional Representation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226645", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee is subject to and bound by provisions of the Act, the Council Act, and council rules.(b) A licensee that becomes aware of another licensee violating state or federal law within the jurisdiction of the Council may attempt to resolve the violation informally with the other licensee, if the violation does not involve actual or likely harm to an individual or the public. Any unresolved violations must be reported to the Council. A licensee that becomes aware of another licensee violating a state or federal law within the jurisdiction of the Council, involving actual or likely harm to an individual or the public, must report the violation to the Council.(c) Licensure and Supervisory Status.(1) When providing professional therapeutic services as defined in §801.42 of this title, a licensee must indicate his or her licensure status as an LMFT or LMFT Associate, including any probationary status or other restrictions placed on the licensee by the council.(2) An LMFT Associate must not represent themselves as an independent practitioner. An LMFT Associate's name must be followed by a statement such as \"supervised by (name of supervisor)\" or a statement of similar effect, together with the name of the supervisor. This disclosure must appear on all marketing materials, billing documents, and practice related forms and documents where the LMFT Associate's name appears, including websites and intake documents. This paragraph is effective January 1, 2023.(d) A licensee may not make any false, misleading, deceptive, fraudulent, or exaggerated claim or statement about the licensee's services, including:(1) the effectiveness of services;(2) the licensee's qualifications, capabilities, background, training, education, experience, professional affiliations, fees, products, or publications; or(3) the practice of marriage and family therapy.(e) A licensee may not misrepresent any agency or organization by presenting it as having attributes that it does not possess.", "sourceNote": "Source Note: The provisions of this §801.43 adopted to be\r\neffective October 5, 2020, 45 TexReg 7024; amended to be effective\r\nNovember 23, 2022, 47 TexReg 7693; amended to be effective March 17,\r\n2025, 50 TexReg 1916." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226645&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226645", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.44", "label": "Relationships with Clients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201298", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee must provide marriage and family therapy professional services only in the context of a professional relationship. (b) A licensee must make known in writing to a prospective client the important aspects of the professional relationship, including the licensee's status as an LMFT or LMFT Associate, any probationary status or other restrictions placed on the licensee by the council, office procedures, after-hours coverage, fees, and arrangements for payment (which might affect the client's decision to enter into the relationship).(c) A licensee must obtain an appropriate consent for treatment before providing professional services. A licensee must make reasonable efforts to determine whether the conservatorship, guardianship, or parental rights of the client have been modified by a court. Before the commencement of therapy services to a minor client who is named in a custody agreement or court order, a licensee must obtain and review a current copy of the custody agreement or court order in a suit affecting the parent-child relationship. A licensee must maintain these documents in the client's record and abide by the documents at all times. When federal or state statutes provide an exemption to secure consent of a parent or guardian before providing services to a minor, such as in Texas Family Code, Chapter 32, a licensee must follow the protocol set forth in such federal or state statutes.(d) A licensee must make known in writing to a prospective client the confidential nature of the client's disclosures and the clinical record, including the legal limitations of the confidentiality of the mental health record and information.(e) No commission or rebate or any other form of remuneration may be given or received by a licensee for the referral of clients for professional services. A licensee employed or under contract with a chemical dependency facility or a mental health facility must comply with the requirements in Texas Health and Safety Code, §164.006.(f) A licensee may not exploit the licensee's position of trust with a client or former client.(g) A licensee may not engage in activities that seek to meet the licensee's personal needs instead of the needs of the client.(h) A licensee may not provide marriage and family therapy services to family members, personal friends, educational associates, business associates, or others whose welfare might be jeopardized by such a dual relationship.(i) A licensee must set and maintain professional boundaries with clients and former clients.(j) A licensee may disclose confidential information to medical or law enforcement personnel if the licensee determines there is a probability of imminent physical injury by the client to the client or others or there is a probability of immediate mental or emotional injury to the client.(k) In group therapy settings, the licensee must take reasonable precautions to protect individuals from physical or emotional trauma resulting from interaction within the group.(l) A licensee must make a reasonable effort to avoid non-therapeutic relationships with clients or former clients. A non-therapeutic relationship is an activity begun by either the licensee, the client, or former client for the purposes of establishing a social, business, or other relationship not related to therapy. A licensee must ensure the welfare of the client or former client if a non-therapeutic relationship arises.(m) A licensee may not bill clients or third parties for services not actually rendered or as agreed to in writing.(n) A licensee must end a professional relationship when it is reasonably clear the client is not benefiting from it. Upon ending a professional relationship, if the client still requires mental health services, the licensee must make reasonable efforts to provide a written referral to clients for appropriate services and to facilitate the transfer to appropriate care.(o) A licensee who engages in technology-assisted services must provide the client with the licensee's license number and information on how to contact the council by telephone, electronic communication, or mail. The licensee must comply with all other provisions of this chapter.(p) A licensee may not offer services that are beyond the licensee's professional competency, and the services provided must be within accepted professional standards of practice and appropriate to the needs of the client. In emerging areas in which generally recognized standards for preparatory training do not exist, licensees must take reasonable steps to ensure the competence of their work and to protect clients, research participants, and other affected individuals from the potential for harm.(q) A licensee must base all services on an assessment, evaluation, or diagnosis of the client.(r) A licensee must evaluate a client's progress on a continuing basis to guide service delivery and must make use of supervision and consultation as indicated by the client's needs.(s) A licensee may not knowingly offer or provide professional services to an individual concurrently receiving professional services from another mental health services provider except with that provider's knowledge. If a licensee learns of such concurrent professional services, the licensee must immediately request release from the client to inform the other mental health services provider and strive to establish a positive and collaborative professional relationship.(t) A licensee may not aid or abet the unlicensed practice of marriage and family therapy services by a person required to be licensed under the Act. A licensee must report to the council knowledge of any unlicensed practice.(u) A licensee may not enter into a non-professional relationship with a client's family member or any person having a personal or professional relationship with a client, if the licensee knows or reasonably should have known such a relationship could be detrimental to the client.(v) A licensee must refrain from providing services when they know or should know that their physical or mental health or lack of objectivity are likely to impair their competency or harm a client or other person with whom they have a professional relationship.", "sourceNote": "Source Note: The provisions of this §801.44 adopted to be\r\neffective October 5, 2020, 45 TexReg 7024; amended to be effective\r\nSeptember 21, 2022, 47 TexReg 5856; amended to be effective March\r\n17, 2025, 50 TexReg 1917; amended to be effective November 9, 2025,\r\n50 TexReg 7283." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201298", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.45", "label": "Sexual Misconduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201299", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Mental health services--The assessment, diagnosis, treatment, or therapy in a professional relationship to assist an individual or group in:(A) alleviating mental or emotional illness, symptoms, conditions, or disorders, including alcohol or drug addiction;(B) understanding conscious or subconscious motivations;(C) resolving emotional, attitudinal, or relationship conflicts; or(D) modifying feelings, attitudes, or behaviors that interfere with effective emotional, social, or intellectual functioning.(2) Sexual contact--(A) deviate sexual intercourse as defined by Texas Penal Code, §21.01;(B) sexual contact as defined by Texas Penal Code, §21.01;(C) sexual intercourse as defined by Texas Penal Code, §21.01;(D) requests by a licensee for conduct described by subparagraph (A), (B), or (C) of this paragraph.(3) Sexual exploitation--A pattern, practice, or scheme of conduct, which may include sexual contact, that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. The term does not include obtaining information about a client's sexual history within standard accepted practice.(4) Therapeutic deception--A representation by a licensee that sexual contact with, or sexual exploitation by, the licensee is consistent with, or a part of, a client's or former client's therapy.(b) A licensee may not engage in sexual contact with a person who is:(1) a client or a former client;(2) a supervisee, an LMFT Associate, or an intern for whom the licensee has administrative or clinical responsibility;(3) a student in a marriage and family therapy graduate program in which the licensee offers professional or educational services; or(4) a clinical supervisor or supervisee of the licensee.(c) A licensee may not provide therapeutic services to a person with whom the licensee has had a sexual relationship.(d) A licensee may not practice therapeutic deception or sexual exploitation.(e) It is not a defense under subsections (b) - (d) of this section, if the sexual contact, sexual exploitation, or therapeutic deception with the person occurred:(1) with the consent of the person;(2) outside the therapy, treatment or supervision sessions, classes, or work hours of the person; or(3) off the premises regularly used by the licensee for the therapy, treatment or supervision sessions, classes, or work hours of the person.(f) The following, when done in the context of professional services, is considered sexual exploitation.(1) Sexual harassment, sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature and:(A) is offensive or creates a hostile environment, and the licensee knows or is told this; or(B) is sufficiently severe or intense to be abusive to a reasonable person in the context.(2) Any behavior, gestures, or expressions which may reasonably be interpreted as inappropriately seductive or sexual.(3) Inappropriate sexual comments about or to a person, including making sexual comments about a person's body.(4) Making sexually demeaning comments to or about an individual's sexual orientation.(5) Making comments about potential sexual performance except when the comment is pertinent to the issue of sexual function or dysfunction in therapy or treatment.(6) Requesting details of sexual history or sexual likes and dislikes when not necessary for therapy or treatment of the individual.(7) Initiating conversation regarding the sexual likes and dislikes when not necessary for therapy or treatment of the individual.(8) Kissing or fondling.(9) Making a request for non-professional social contact.(10) Any other deliberate or repeated comments, gestures, or physical acts not constituting sexual intimacies but of a sexual nature.(11) Any intentional exposure of genitals, anus, or breasts.(12) Encouraging a client, student, supervisee, intern, LMFT Associate, or former client to masturbate in the presence of the licensee.(13) Masturbation by the licensee when a client, student, supervisee, intern, LMFT Associate, or former client is present.(g) Examples of sexual contact includes those activities and behaviors described in Texas Penal Code, §21.01.", "sourceNote": "Source Note: The provisions of this §801.45 adopted to be effective October 5, 2020, 45 TexReg 7024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201299&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201299", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.46", "label": "Testing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201300", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee must make known to clients the purposes and explicit use of any testing done as part of a professional relationship.(b) A licensee may not appropriate, reproduce, or modify published tests or parts thereof without the acknowledgment and permission of the publisher.(c) A licensee may not administer and interpret any test without the appropriate training and experience to administer and interpret the test.(d) A licensee must observe the necessary precautions to maintain the security of any test administered by the licensee or under the licensee's supervision.", "sourceNote": "Source Note: The provisions of this §801.46 adopted to be effective October 5, 2020, 45 TexReg 7024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201300", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.47", "label": "Drug and Alcohol Use" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217164", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may not use alcohol or drugs in a manner which adversely affects the licensee's ability to provide marriage and family therapy services.(b) A licensee may not promote or encourage the illegal use of alcohol or drugs by a client.", "sourceNote": "Source Note: The provisions of this §801.47 adopted to be effective October 5, 2020, 45 TexReg 7024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217164", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.48", "label": "Record Keeping, Confidentiality, Release of Records, and Required Reporting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224466", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Communication between a licensee and client and the client's records, however created or stored, are confidential under the provisions of the Texas Health and Safety Code, Chapter 611 (relating to Mental Health Records), and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice.(b) A licensee may not disclose any communication, record, or identity of a client except as provided in Texas Health and Safety Code, Chapter 611 (relating to Mental Health Records), or other state or federal statutes or rules.(c) A licensee must comply with Texas Health and Safety Code, Chapters 181 (relating to Medical Records Privacy) and 611 (relating to Mental Health Records), and other state or federal statutes or rules where such statutes or rules apply to a licensee's practice, concerning access to and release of mental health records and confidential information.(d) A licensee must report or release information as required by the following statutes:(1) Texas Family Code, Chapter 261 (relating to Investigation of Report of Child Abuse or Neglect);(2) Texas Human Resources Code, Chapter 48 (relating to Investigations and Protective Services for Elderly Persons and Persons with Disabilities);(3) Texas Health and Safety Code, Chapter 161, Subchapter L (relating to Abuse, Neglect, and Unprofessional or Unethical Conduct in Healthcare Facilities); and(4) Texas Civil Practice and Remedies Code, §81.006 (relating to Duty to Report Sexual Exploitation by a Mental Health Services Provider).(A) If a licensee has reasonable cause to suspect that a client has been the victim of a sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider during therapy or any other course of treatment, or if a client alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or mental health services provider (during therapy or any other course of treatment), the licensee must report alleged misconduct not later than the 30th day after the date the licensee became aware of the misconduct or the allegations to:(i) the district attorney in the county in which the alleged sexual exploitation, sexual contact, or therapeutic deception occurred;(ii) the council if the misconduct involves a licensee; and(iii) any other state licensing agency which licenses the mental health services provider.(B) Before making a report under this subsection, the reporter must inform the alleged victim of the reporter's duty to report and must determine if the alleged victim wants to remain anonymous.(C) A report under this subsection is required to contain only the information needed to:(i) identify the reporter;(ii) identify the alleged victim, unless the alleged victim has requested anonymity;(iii) express suspicion that sexual exploitation, sexual contact, or therapeutic deception occurred; and(iv) provide the name of the alleged perpetrator.(e) A licensee must keep accurate records of therapeutic services, including dates of services, types of services, progress or case notes and billing information for a minimum of seven years after termination of services or five years after a client reaches the age of majority, whichever is greater.(f) Records created by a licensee during the scope of the licensee's employment by educational institutions; by federal, state, or local government agencies; or political subdivisions or programs are not required to comply with the requirements of subsection (e) of this section.(g) A licensee must retain and dispose of client records in such a way that confidentiality is maintained.(h) In private practice, the licensee must establish a plan for the custody and control of the licensee's client mental health records in the event of the licensee's death or incapacity, or the termination of the licensee's professional services.", "sourceNote": "Source Note: The provisions of this §801.48 adopted to be effective October 5, 2020, 45 TexReg 7024; amended to be effective March 27, 2024, 49 TexReg 1940." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224466&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224466", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.53", "label": "Advertising and Announcements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201304", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Information used by a licensee in any advertisement or announcement of services may not contain information which is false, misleading, deceptive, inaccurate, incomplete, out of context, or not readily verifiable. Advertising includes any announcement of services, letterhead, business cards, commercial products, and billing statements. Only the highest academic degree earned from an accredited college or university or only the highest academic degree earned at a foreign university that has been determined to be equivalent to a degree from an accredited institution or program by a member of the National Association of Credential Evaluation Services and relevant to the profession of therapy or a therapy-related field shall be used when advertising or announcing therapeutic services to the public or in therapy-related professional representations. A licensee may advertise or announce his or her other degrees or equivalent degrees earned at foreign institutions from accredited colleges or universities if the subject of the degree is specified.(b) False, misleading, or deceptive advertising or advertising that is not readily subject to verification includes advertising that:(1) makes any material misrepresentation of fact or omits a fact necessary to make the statement as a whole not materially misleading;(2) makes any representation likely to create an unjustified expectation about the results of a health care service or procedure;(3) compares a health care professional's services with another health care professional's services unless the comparison can be factually substantiated;(4) contains a testimonial that includes false, deceptive, or misleading statements, or fails to include disclaimers or warnings as to the credentials of the person making the testimonial;(5) causes confusion or misunderstanding as to the credentials, education, or licensure of a health care professional;(6) advertises or represents that health care insurance deductibles or co-payments may be waived or are not applicable to health care services to be provided if the deductibles or co-payments are required;(7) advertises or represents that the benefits of a health benefit plan will be accepted as full payment when deductibles or co-payments are required; or(8) advertises or represents in the use of a professional name a title or professional identification that is expressly or commonly reserved to or used by another profession or professional.(c) The council imposes no restrictions on advertising by a licensee with regard to the use of any medium, the licensee's personal appearance, or the use of his or her personal voice, the size or duration of an advertisement by a licensee, or the use of a trade name. A licensee who retains or hires others to advertise or promote the licensee's practice remains responsible for the statements and representations made.(d) All advertisements or announcements of therapeutic services including telephone directory listings by a licensee must clearly state his or her license status by the use of a title such as \"Licensed Marriage and Family Therapist,\" \"LMFT,\" \"Licensed Marriage and Family Therapist Associate,\" \"LMFT Associate,\" \"Licensed Marriage and Family Therapist Supervisor,\" \"LMFT-S,\" or \"LMFT Supervisor.\"(e) A licensee may not include in advertising or announcements any information or any reference to certification in a field outside of therapy or membership in any organization that may be confusing or misleading to the public as to the services or legal recognition of the licensee.(f) An LMFT or LMFT Associate holding a provisional license must indicate the provisional status on all advertisements, billing, and announcements of treatment by the use of the term \"Provisional Licensed Marriage and Family Therapist\" or \"Provisional Licensed Marriage and Family Therapist Associate,\" as appropriate.(g) If a licensee becomes aware of a misuse of licensee's license certificate or misrepresentation of a licensee's services or the results of licensee's services, the licensee must report the misuse or misrepresentation to the Council within 30 days of becoming aware of the misuse or misrepresentation", "sourceNote": "Source Note: The provisions of this §801.53 adopted to be\r\neffective October 5, 2020, 45 TexReg 7024; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1919." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201304", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.54", "label": "Research and Publications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201305", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In research with a human subject, a licensee is responsible for the welfare of the human subject throughout a project and must take reasonable precautions so the human subject suffers no injurious emotional, physical, or social effect.(b) A licensee must disguise data obtained from a therapeutic relationship for the purposes of education or research to ensure full protection of the identity of the human subject client.(c) When conducting and reporting research, a licensee must give recognition to previous work on the topic as well as observe all copyright laws.(d) A licensee must give due credit through joint authorship, acknowledgment, footnote statements, or other appropriate means to those who have contributed significantly to the licensee's research or publication.", "sourceNote": "Source Note: The provisions of this §801.54 adopted to be effective October 5, 2020, 45 TexReg 7024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201305", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.55", "label": "Parenting Coordination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201306", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with the Texas Family Code, §153.601(3), \"parenting coordinator\" means an impartial third party:(1) who, regardless of the title by which the person is designated by the court, performs any function described in the Texas Family Code, §153.606, in a suit affecting the parent-child relationship; and(2) who:(A) is appointed under Texas Family Code, Subchapter K (relating to Parenting Plan, Parenting Coordinator, and Parenting Facilitator) by the court on its own motion, or on a motion or agreement of the parties, to assist parties in resolving parenting issues through confidential procedures; and(B) is not appointed under another statute or a rule of civil procedure.(b) A licensee who serves as a parenting coordinator is not acting under the authority of a license issued by the council, and is not engaged in the practice of marriage and family therapy. The services provided by the licensee who serves as a parenting coordinator are not within the jurisdiction of the council, but rather the jurisdiction of the appointing court.(c) A licensee who serves as a parenting coordinator has a duty to provide the information in subsection (b) of this section, to the parties to the suit.(d) Records of a licensee serving as a parenting coordinator are confidential under the Texas Civil Practices and Remedies Code, §154.073. Licensees serving as a confidential parenting coordinator shall comply with the Texas Civil Practices and Remedies Code, Chapter 154, relating to the release of information.(e) A licensee may not provide marriage and family therapy services to any person while simultaneously providing parenting coordination services. The foregoing rule does not apply if the court enters a finding that mental health services are not readily available in the location where the parties reside.", "sourceNote": "Source Note: The provisions of this §801.55 adopted to be effective October 5, 2020, 45 TexReg 7024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201306", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.56", "label": "Parenting Facilitation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with House Bill 1012, 81st Legislature, Regular Session, 2009, and Texas Family Code, Chapter 153, this section establishes the practice standards for licensees who desire to serve as parenting facilitators.(b) In accordance with the Texas Family Code, §153.601(3-a), a \"parenting facilitator\" means an impartial third party:(1) who, regardless of the title by which the person is designated by the court, performs any function described by the Texas Family Code, §153.6061, in a suit affecting the parent-child relationship; and(2) who:(A) is appointed under Texas Family Code, Subchapter K (relating to Parenting Plan, Parenting Coordinator, and Parenting Facilitator) by the court on its own motion, or on a motion or agreement of the parties, to assist parties in resolving parenting issues through procedures that are not confidential; and(B) is not appointed under another statute or a rule of civil procedure.(c) Notwithstanding any other provision of this chapter, licensees who desire to serve as parenting facilitators must comply with all applicable requirements of the Texas Family Code, Chapter 153, and this section. Licensees must also comply with all requirements of this chapter unless a provision is clearly inconsistent with the Texas Family Code, Chapter 153, or this section.(d) In accordance with the Texas Family Code, §153.6102(e), a licensee serving as a parenting facilitator may not provide other marriage and family therapy services to any person while simultaneously providing parenting facilitation services. The foregoing rule does not apply if the court enters a finding that mental health services are not readily available in the location where the parties reside.(e) In accordance with the Texas Family Code, §153.6101(b)(1), an LMFT Associate may not serve as a parenting facilitator.(f) A licensee serving as a parenting facilitator uses child-focused alternative dispute resolution processes, assists parents in implementing their parenting plan by facilitating the resolution of disputes in a timely manner, educates parents about children's needs, and engages in other activities as referenced in the Texas Family Code, Chapter 153.(g) A licensee serving as a parenting facilitator must assist the parties involved in reducing harmful conflict and in promoting the best interests of the children.(h) A licensee serving as a parenting facilitator functions in four primary areas in providing services.(1) Conflict management function. The primary role of the parenting facilitator is to assist the parties to work out disagreements regarding the children to minimize conflict. To assist the parents in reducing conflict, the parenting facilitator may monitor the electronic or written exchanges of parent communications and suggest productive forms of communication that limit conflict between the parents.(2) Assessment function. A parenting facilitator must review applicable court orders, including protective orders, social studies, and other relevant records to analyze the impasses and issues as brought forth by the parties.(3) Educational function. A parenting facilitator must educate the parties about child development, divorce, the impact of parental behavior on children, parenting skills, and communication and conflict resolution skills.(4) Coordination/case management function. A parenting facilitator must work with the professionals and systems involved with the family (for example, mental health, health care, social services, education, or legal) as well as with extended family, stepparents, and significant others as necessary.(i) A licensee serving as a parenting facilitator must be alert to the reasonable suspicion of acts of domestic violence directed at a parent, a current partner, or children. The parenting facilitator must adhere to protection orders, if any, and take reasonable measures to ensure the safety of the participants, the children and the parenting facilitator, while understanding that even with appropriate precautions a guarantee that no harm will occur may not be stated or implied.(j) In order to protect the parties and children in domestic violence cases involving power, control and coercion, a parenting facilitator must tailor the techniques used to avoid offering the opportunity for further coercion.(k) A licensee serving as a parenting facilitator must be alert to the reasonable suspicion of substance abuse by parents or children, as well as mental health impairment of a parent or child.(l) A licensee serving as a parenting facilitator may not provide legal advice.(m) A licensee serving as a parenting facilitator must serve by written agreement of the parties and/or formal order of the court.(n) A licensee serving as a parenting facilitator may not begin to provide services until the licensee has received and reviewed the fully executed and filed court order or the signed agreement of the parties.(o) A licensee serving as a parenting facilitator must maintain impartiality in the process of parenting facilitation. Impartiality means freedom from favoritism or bias in word, action, or appearance, and includes a commitment to assist all parties, as opposed to any one individual.(p) A licensee serving as a parenting facilitator:(1) must end or withdraw services if the licensee determines the licensee cannot act in an impartial or objective manner;(2) may not give or accept a gift, favor, loan or other item of value from any party having an interest in the parenting facilitation process;(3) may not coerce or improperly influence any party to make a decision;(4) may not intentionally or knowingly misrepresent or omit any material fact, law, or circumstance in the parenting facilitator process; and(5) may not accept any engagement, provide any service, or perform any act outside the role of parenting facilitation that would compromise the facilitator's integrity or impartiality in the parenting facilitation process.(q) A licensee serving as a parenting facilitator may make referrals to other professionals to work with the family, but must avoid actual or apparent conflicts of interest by referrals. A licensee may not give or receive a commission, rebate, or similar remuneration for parenting facilitation or other professional referrals.(r) A licensee serving as a parenting facilitator should attempt to bring about resolution of issues by agreement of the parties; however, the parenting facilitator is not acting in a formal mediation role. An effort towards resolving an issue, which may include therapeutic, mediation, education, and negotiation skills, does not disqualify a licensee from making recommendations regarding any issue that remains unresolved after efforts of facilitation.(s) A licensee serving as a parenting facilitator must communicate with all parties, attorneys, children, and the court in a manner which preserves the integrity of the parenting facilitation process and considers the safety of the parents and children.(t) A licensee serving as a parenting facilitator:(1) may meet individually or jointly with the parties, as deemed appropriate by the parenting facilitator, and may interview the children;(2) may interview any individual who provides services to the children to assess the children's needs and wishes; and(3) may communicate with the parties through face-to-face meetings or electronic communication.(u) A licensee serving as a parenting facilitator must, before the beginning of the parenting facilitation process and in writing, inform the parties of:(1) the limitations on confidentiality in the parenting facilitation process; and(2) the basis of fees and costs and the method of payment, including any fees associated with postponement, cancellation and/or nonappearance, and the parties' pro rata share of the fees and costs as determined by the court order or written agreement of the parties.(v) Information obtained during the parenting facilitation process may not be shared outside the parenting facilitation process except for professional purposes, as provided by court order, by written agreement of the parties, or as directed by the council.(w) In the initial session with each party, a licensee serving as a parenting facilitator must review the nature of the parenting facilitator's role with the parents to ensure that they understand the parenting facilitation process.(x) A licensee serving as a parenting facilitator:(1) must comply with all mandatory reporting requirements, including but not limited to Texas Family Code, Chapter 261, concerning abuse or neglect of minors;(2) must report to law enforcement or other authorities if they have reason to believe that any participant appears to be at serious risk to harm themselves or a third party;(3) must maintain records necessary to support charges for services and expenses, and must make a detailed accounting of those charges to the parties and their counsel, if requested to do so;(4) must maintain notes regarding all communications with the parties, the children, and other persons with whom they speak about the case; and(5) must maintain records in a manner that is professional, legible, comprehensive, and inclusive of information and documents that relate to the parenting facilitation process and that support any recommendations made by the licensee.(y) Records of a licensee serving as a parenting facilitator are not mental health records and are not subject to the disclosure requirements of Texas Health and Safety Code, Chapter 611. At a minimum, records shall be maintained for the period of time described in §153.6083(c) of the Texas Family Code (concerning Communications and Recordkeeping of Parenting Facilitator) or as otherwise directed by the court.(z) Records of a licensee serving as a parenting facilitator must be released on the request of either parent, as directed by the court, or as directed by the council.(aa) Charges for parenting facilitation services must be based upon the actual time expended by the parenting facilitator, or as directed by the written agreement of the parties, and/or formal order of the court.(bb) All fees and costs must be appropriately divided between the parties as directed by the court order of appointment and/or as noted in the parenting facilitators' written fee disclosure to the parties.(cc) Fees may be disproportionately divided fees if one parent is disproportionately creating a need for services and if such a division is outlined in the court order of appointment and/or as noted in the parenting facilitators' written fee disclosure to the parties.(dd) Services and activities for which a licensee serving as a parenting facilitator may charge include time spent interviewing parents, children and collateral sources of information; preparation of agreements, correspondence, and reports; review of records and correspondence; telephone and electronic communication; travel; court preparation; and appearances at hearings, depositions and meetings.(ee) A licensee serving as a parenting facilitator:(1) must complete minimum training as required by the Texas Family Code, §153.6101, as determined by the appointing court;(2) must have extensive practical experience with high conflict or litigating parents;(3) must complete and document upon request advanced training in family dynamics, child maltreatment, co-parenting, and high conflict separation and divorce; and(4) must regularly complete continuing education related to co-parenting issues, high-conflict families and the parenting coordination and facilitation process.(ff) A licensee serving as a parenting facilitator must decline an appointment, withdraw, or request appropriate assistance when the facts and circumstances of the case are beyond the licensee's skill or expertise.(gg) Since parenting facilitation services are addressed under multiple titles in different jurisdictions nationally, acceptability of training to meet the requirements of subsection (cc) of this section, is based on functional skills taught during the training rather than the use of specific titles or names.", "sourceNote": "Source Note: The provisions of this §801.56 adopted to be effective October 5, 2020, 45 TexReg 7024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201307", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.57", "label": "Child Custody Evaluations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210176", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees must comply with all applicable statutes and rules, including but not limited to Texas Family Code, Chapter 107, Subchapters D, E, and F (relating to Child Custody Evaluation, Adoption Evaluation, and Evaluations in Contested Adoptions).(b) When a licensee who has conducted a court-ordered child custody evaluation or adoption evaluation receives any complaint relating to the outcome of the evaluation, the licensee must report the complaint to the court that ordered the evaluation. See council rules, found in §884.3 of this title (relating to Special Requirements for Complaints Alleging Violations Related to Court Ordered Evaluations).(c) Disclosure of confidential information in violation of Texas Family Code, §107.111 (relating to Child Custody Evaluator Access to Investigative Records of Department of Family and Protective Services; Offense) or §107.163 (Adoption Evaluator Access to Investigative Records of Department of Family and Protective Services; Offense) is grounds for disciplinary action, up to and including license revocation.(d) A licensee may not provide any other type of service, neither sequentially nor simultaneously in the same case that he or she provides a child custody evaluation, unless required by court order.(e) A licensee may not offer an expert opinion or recommendation relating to the conservatorship of or possession of or access to a child unless the licensee has conducted a child custody evaluation relating to the child in accordance with Texas Family Code, Chapter 107, Subchapter D.(f) Before beginning child custody evaluations or adoption evaluations, a licensee must inform the parties in writing of:(1) the limitations on confidentiality in the evaluation process; and(2) the basis of fees and costs and the method of payment, including any fees associated with postponement, cancellation, and/or nonappearance, and the parties' pro rata share of the fees and costs as determined by the court order or written agreement of the parties.(g) An LMFT Associate may not conduct child custody evaluations or adoption evaluations unless qualified by another professional license to provide such services or otherwise allowed by law.", "sourceNote": "Source Note: The provisions of this §801.57 adopted to be effective October 5, 2020, 45 TexReg 7024." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210176", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "B", "label": "RULES OF PRACTICE" }, "rule": { "number": "§801.58", "label": "Technology-Assisted Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201327", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees who provide marriage and family therapy to clients or supervision to supervisees outside the State of Texas must comply with the laws and rules of Texas and of the out-of-state authority which govern the practice of marriage and family therapy.(b) Licensees who provide treatment, consultation, and supervision using technology-assisted services must meet the same standards of appropriate practice as licensees who practice in traditional (i.e., in-person) settings.(c) In accordance with Texas Occupations Code, §502.251 (relating to License Required), a person may not practice as a marriage and family therapist unless the person holds a license under this chapter or is exempt under Texas Occupations Code, §502.004 (relating to Application of Chapter).(d) A licensee may provide technology-assisted services. To ensure the competent delivery of services by technology-assisted means, a licensee must maintain an appropriate level of education, training, or experience in using relevant technology.(e) A licensee may not render therapy using technology-assisted services without complying with the following at the onset of each session:(1) fully verifying the location and identity of the client, to the most reasonable extent possible; and(2) disclosing the identity of the licensee.(f) Before providing technology-assisted services, a licensee must determine whether a client is a minor. Upon determining that a client is a minor, and before providing technology-assisted services, a licensee must obtain required consent from a parent or guardian and must verify the identity of the parent, guardian, or other person consenting to the minor's treatment.(g) The licensee must determine if technology-assisted service is an appropriate delivery of treatment or supervision, considering the professional, intellectual, or emotional needs of the client or supervisee.(h) Informed consent must include, at a minimum, information that defines electronic service delivery as practiced by the licensee and the potential risks and ethical considerations. The licensee must obtain and maintain written or electronic evidence documenting appropriate client informed consent for the use of technology-assisted services. The licensee must ensure that the informed consent complies with other informed consent requirements in this chapter and must include the following:(1) identification of the client, the therapist, and the therapist's credentials;(2) list of services provided by the licensee using technology-assisted services;(3) client agreement that the therapist determines on an on-going basis whether the condition being assessed or treated is appropriate for technology-assisted services;(4) details on security measures taken with the use of technology-assisted services, as well as potential risks to privacy notwithstanding such measures;(5) information regarding secure protocols and back-up plans in case of technical failure;(6) the licensee's credentials or training to engage in technology-assisted services, and contact information;(7) risks and benefits of engaging in the use of technology;(8) emergency procedures to follow when the therapist is not available;(9) information collected and any passive tracking mechanisms used;(10) third-party websites or services used by the licensee to facilitate technology-assisted services; and(11) an explanation of how records are maintained electronically, including encryption type and record security, and the archival storage period for transaction records.(i) Therapists who use technology-assisted services must meet or exceed applicable federal and state legal requirements of health information privacy, including compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191; The Health Information Technology for Economic and Clinical Health (HITECH) Act, 42 U.S.C. Chapter 156, Subchapter III; Texas Health and Safety Code, Chapter 181 (relating to Medical Records Privacy); and state privacy, confidentiality, and security rules.", "sourceNote": "Source Note: The provisions of this §801.58 adopted to be effective October 5, 2020, 45 TexReg 7024; amended to be effective September 21, 2022, 47 TexReg 5857." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201327&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201327", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.71", "label": "Purpose of Applications and Licensing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207860", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this subchapter is to set out the application procedures for examination and licensure as an LMFT and LMFT Associate.", "sourceNote": "Source Note: The provisions of this §801.71 adopted to be effective October 5, 2020, 45 TexReg 7028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207860", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.74", "label": "Application to Take Licensure Examination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201329", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant must submit a complete application to sit for examination as prescribed by the Council.", "sourceNote": "Source Note: The provisions of this §801.74 adopted to be effective October 5, 2020, 45 TexReg 7028; amended to be effective February 27, 2022, 47 TexReg 782." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201329&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201329", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.75", "label": "Application for Licensed Marriage and Family Therapist Associate (LMFT Associate)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201330", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Qualifications. An applicant for LMFT Associate must meet the qualifications required by §502.252(b) of the Act.(b) Application Requirements. An applicant must submit:(1) all requirements in council rules, 22 Texas Administrative Code, §§882.1 and 882.2 (concerning Application Process and General Application File Requirements);(2) Supervisory Agreement Form; and(3) proof of achieving a passing score on a licensure examination.(c) Academic Requirements. An applicant for LMFT Associate must meet the education requirements as prescribed in §801.112 of this title (relating to General Academic Requirements). Staff may require an applicant to submit a council-approved educational equivalency form.", "sourceNote": "Source Note: The provisions of this §801.75 adopted to be effective October 5, 2020, 45 TexReg 7028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201330", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.76", "label": "Application for Licensed Marriage and Family Therapist (LMFT)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201331", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Qualifications. An applicant for LMFT must meet the qualifications required by §502.252(b) of the Act.(b) Application Requirements. An applicant must submit:(1) all requirements in council rules, 22 Texas Administrative Code, §§882.1 and 882.2 (relating to Application Process and General Application File Requirements;(2) a licensed Supervised Experience Verification Form; and(3) proof of achieving a passing score on a licensure examination.(c) Academic Requirements. An applicant for LMFT must meet the education requirements as prescribed in §801.112 of this title (relating to General Academic Requirements). Staff may require an applicant to submit a council-approved educational equivalency form.(d) Supervised Clinical Experience Requirements and Conditions. An applicant for LMFT must meet the supervised clinical experience requirements and conditions as mandated in §801.142 of this title (relating to Supervised Clinical Experience Requirements and Conditions).", "sourceNote": "Source Note: The provisions of this §801.76 adopted to be effective October 5, 2020, 45 TexReg 7028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201331&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201331", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.112", "label": "General Academic Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201332", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant must submit an official transcript showing:(1) a master's or doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE);(2) a master's degree from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs (CACREP), Marriage, Couples, and Family Counseling (MCFC) specialization which meets the requirements of §801.114(b)(8) of this title (relating to Academic Course Content) and starts on or after January 1, 2017, (the earliest class reported on one of an applicant's official transcripts denotes the start of a program); or(3) a master's or doctorate degree from a regionally accredited institution of higher education in marriage and family therapy or in a related mental health field with a planned course of study in marriage and family therapy as described in §801.113(b), (c), and (d) of this title (relating to Academic Requirements) with the required minimum course content as described in §801.114 of this title.(b) An applicant with foreign degree or coursework must comply with council rules, 22 Texas Administrative Code §882.11, (relating to Applicants with Foreign Degrees).(c) An applicant must submit a course description from an official school catalog or syllabus for any course listed on the transcript with a title not self-explanatory or apparently relevant to academic requirements.(d) The council will not accept any undergraduate courses as meeting any academic requirements unless the applicant's official transcript clearly shows that the course was awarded graduate credit by the school.(e) The council will accept as meeting academic requirements only those courses shown on the applicant's transcript as:(1) part of the applicant's program of studies and as completed with a passing grade or for credit; or(2) taken outside the applicant's program of studies and completed with at least a \"B\" or \"pass.\"(f) The council will consider a quarter hour of academic credit as two-thirds of a semester hour.", "sourceNote": "Source Note: The provisions of this §801.112 adopted to be effective October 5, 2020, 45 TexReg 7028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201332&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201332", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.113", "label": "Academic Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221683", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for the licensure examination must have completed or be enrolled in a council-approved marriage and family therapy graduate internship.(b) An applicant for LMFT Associate or LMFT must have a master's or doctorate degree in marriage and family therapy or a master's or doctorate degree in a related mental health field with course work and training determined by the council to be substantially equivalent to a graduate degree in marriage and family therapy from a regionally accredited institution of higher education or an institution of higher education approved by the council with (the earliest class reported on one of an applicant's official transcripts denotes the start of a program):(1) at least 45 semester hours for an applicant who started a program before August 1, 2017; or(2) at least 60 semester hours for an applicant who started a program on or after August 1, 2017.(c) A degree or course work in a related mental health field must have been a planned course of study designed to train a person to provide direct services to assist individuals, families or couples in a therapeutic relationship in the resolution of cognitive, affective, behavioral or relational dysfunctions within the context of marriage or family systems.(d) Examples of degrees in a related mental health field may include counseling, psychology, social work, or family studies with an emphasis on Marriage and Family Therapy. Degrees in fields other than those listed may be reviewed for eligibility toward course equivalency in accordance with council rules, 22 Texas Administrative Code, §882.1 (relating to Application Process).", "sourceNote": "Source Note: The provisions of this §801.113 adopted to be effective October 5, 2020, 45 TexReg 7028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221683&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221683", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.114", "label": "Academic Course Content" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224467", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who holds a graduate degree in a mental health-related field must have course work in each of the following areas:(1) theoretical foundations of marriage and family therapy--three semester hours;(2) assessment and treatment in marriage and family therapy--12 semester hours;(3) human development, gender, multicultural issues and family studies--six semester hours;(4) psychopathology--three semester hours;(5) professional ethics--three semester hours;(6) applied professional research--three semester hours; and(7) supervised clinical internship--12 months or nine semester hours.(b) An applicant who begins a graduate degree program in marriage and family therapy or a mental health-related field on or after August 1, 2017, must complete course work and the minimum required semester hours in each of the following areas (the earliest class reported on one of an applicant's official transcripts denotes the start of a program):(1) theoretical knowledge and foundations of marriage and family therapy--three semester hours--including the historical development, theoretical and empirical foundations, and contemporary conceptual directions of the field of marriage and family therapy;(2) assessment and treatment in marriage and family therapy--12 semester hours--including but is not limited to treatment approaches specifically designed for use with a wide range of diverse couples, families, and children, including sex therapy, same sex couples, young children, adolescents, interfaith couples, crisis intervention, and elderly;(3) human development, gender, multicultural issues and family studies--six semester hours;(4) psychopathology--three semester hours--including traditional psycho-diagnostic categories including knowledge and use of the Diagnostic and Statistical Manual of Mental Disorders;(5) professional ethics--three semester hours--including professional identity of the marriage, couple, and family therapist, including professional socialization, scope of practice, professional organizations, licensure and certification; and ethical issues related to the profession of marriage, couple, and family therapy as well as the practice of individual therapy;(6) applied professional research--three semester hours--including research evidence related to MFT, becoming an informed consumer of research, and research and evaluation methods;(7) treatment of addictions and management of crisis situations--no minimum requirements;(8) supervised clinical internship--12 months or nine semester hours. During the supervised clinical internship, the applicant must have 300 hours of experience, of which:(A) at least 150 hours must be direct client contact hours; and(B) of the 150 direct client contact hours, at least 75 hours must be direct client contact with couples and families.(c) The remaining courses needed to meet the 45 or 60 graduate semester hour requirement must be marriage and family therapy or related course work in areas directly supporting the development of an applicant's professional marriage and family, individual, or group therapy skills.", "sourceNote": "Source Note: The provisions of this §801.114 adopted to be effective October 5, 2020, 45 TexReg 7028; amended to be effective November 14, 2024, 49 TexReg 8915." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224467", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.115", "label": "Applicants Currently Licensed as an LMFT in Another Jurisdiction." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226646", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant who has held an independent, active license as an LMFT in good standing issued by another jurisdiction for at least two years immediately preceding the date the application was received will be deemed to have met all academic and experience requirements, if the applicant can demonstrate:(1) 3,000 hours of work experience that includes at least 1,500 hours of direct clinical services;(2) 200 hours of supervision that includes at least 100 hours of individual supervision; and(3) has completed a master's or doctoral degree with a graduate internship.", "sourceNote": "Source Note: The provisions of this §801.115 adopted\r\nto be effective March 17, 2025, 50 TexReg 1920." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226646&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226646", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.142", "label": "Supervised Clinical Experience Requirements and Conditions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226647", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant for LMFT must complete supervised clinical experience acceptable to the council.(1) The LMFT Associate must have completed a minimum of two years of work experience in marriage and family therapy, which includes a minimum of 3,000 hours of supervised clinical practice. The required 3,000 hours must include at least 1,500 hours providing direct clinical services, of which:(A) no more than 750 hours may be provided via technology-assisted services (as approved by the supervisor); and(B) at least 500 hours must be providing direct clinical services to couples or families.(2) The remaining required hours, not covered by paragraph (1) above, may come from related experiences, including workshops, public relations, writing case notes, consulting with referral sources, etc.(3) An LMFT Associate must obtain a minimum of 200 hours of supervision by an LMFT-S during the required 3,000 hours, and at least 100 of these hours must be individual supervision.(A) An LMFT Associate, when providing services, must receive a minimum of one hour of supervision every week, except for good cause shown.(B) Supervision may be provided in person or by live video or, if the supervisor determines that in-person or live video supervision is not accessible, by telephone.(C) An LMFT Associate may apply up to 100 graduate internship supervision hours toward the required 200 hours of supervision required for licensure as an LMFT.(4) For an LMFT applicant who begins the graduate degree program used for their license application before September 1, 2025, staff may count graduate internship hours exceeding the requirements set in §801.114(b)(8) of this title toward the minimum requirement of at least 3,000 hours of supervised clinical practice under the following conditions.(A) No more than 500 excess graduate internship hours, of which no more than 250 hours may be direct clinical services to couples or families, completed under a Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) accredited graduate program may be counted toward the minimum requirement of at least 3,000 hours of supervised clinical practice.(B) No more than 400 excess graduate internship hours, of which no more than 200 hours may be direct clinical services to couples or families, completed under a non-COAMFTE-accredited graduate program may be counted toward the minimum requirement of at least 3,000 hours of supervised clinical practice.(5) An LMFT Associate may practice marriage and family therapy in any setting under supervision, such as a private practice, public or private agencies, hospitals, etc.(6) During the post-graduate, supervised clinical experience, both the supervisor and the LMFT Associate may have disciplinary actions taken against their licenses for violations of the Act, the Council Act, or council rules. If an LMFT Associate is informed of a pending complaint against them, they must notify each of their supervisors of the complaint.(7) Within 30 days of initiating supervision with any LMFT supervisor, an LMFT Associate must submit to the council a Supervisory Agreement Form.(8) An LMFT Associate may have no more than two LMFT supervisors at a time, unless given prior approval by the council or its designee.(9) Applicants with a master's degree that qualifies under §801.112 and §801.113 of this title, may count any supervision and experience (e.g., practicum, internship, externship) completed after conferral of the master's degree and as part of a doctoral program, toward the supervision and experience requirements set out in §801.142. A doctoral program must lead to a degree that qualifies under §801.112 and §801.113 of this title, before the Council will award credit for supervision and experience under this provision.(10) If an LMFT Associate receives a remediation plan, as described in §801.143(f)(4) of this title, the Associate must provide a copy of the remediation plan to any other current or future supervisors, as well as any relevant documentation regarding successful completion of the plan.", "sourceNote": "Source Note: The provisions of this §801.142 adopted\r\nto be effective October 5, 2020, 45 TexReg 7028; amended to be effective\r\nMarch 7, 2023, 48 TexReg 1310; amended to be effective March 27, 2024,\r\n49 TexReg 1941; amended to be effective November 14, 2024, 49 TexReg\r\n8916; amended to be effective November 9, 2025, 50 TexReg 7284." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226647&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226647", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.143", "label": "Supervisor Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201337", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To apply for supervisor status, an LMFT must be in good standing and submit:(1) an application and applicable fee;(2) documentation of the completion of at least 3,000 hours of LMFT practice over a minimum of 3 years; and(3) documentation of one of following:(A) successful completion of a 3-semester-hour, graduate course in marriage and family therapy supervision from an accredited institution;(B) a 40-hour continuing education course in clinical supervision; or(C) successful completion of an American Association for Marriage and Family Therapy (AAMFT) approved Fundamentals of Supervision course.(b) A supervisor may not be employed by the person he or she is supervising.(c) A supervisor may not be related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood or adoption) to the person whom he or she is supervising.(d) Within 60 days of the initiation of supervision, a supervisor must process and maintain a complete supervision file on the LMFT Associate. The supervision file must include:(1) a photocopy of the submitted Supervisory Agreement Form;(2) proof of council approval of the Supervisory Agreement Form;(3) a record of all locations at which the LMFT Associate will practice;(4) a dated and signed record of each supervision conference with the LMFT Associate's total number of hours of supervised experience, direct client contact hours, and direct client contact hours with couples or families accumulated up to the date of the conference; (5) an established plan for the custody and control of the records of supervision for each LMFT Associate in the event of the supervisor's death or incapacity, or the termination of the supervisor's practice; and(6) a copy of any written plan for remediation of the LMFT Associate.(e) Within 30 days of the termination of supervision, a supervisor must submit written notification to the council.(f) Both the LMFT Associate and the supervisor are fully responsible for the marriage and family therapy activities of the LMFT Associate.(1) The supervisor must ensure the LMFT Associate knows and adheres to all statutes and rules that govern the practice of marriage and family therapy.(2) A supervisor must maintain objective, professional judgment; a dual relationship between the supervisor and the LMFT Associate is prohibited.(3) A supervisor may only supervise the number of individuals for which the supervisor can provide adequate supervision.(4) If a supervisor determines the LMFT Associate may not have the therapeutic skills or competence to practice marriage and family therapy under an LMFT license, the supervisor must develop and implement a written plan for remediation of the LMFT Associate. A supervisor may share a remediation plan developed for an LMFT Associate with any other current or future supervisors of that Associate.(5) A supervisor must timely submit accurate documentation of supervised experience.(g) Supervisor status expires with the LMFT license.(h) A supervisor who fails to meet all requirements for licensure renewal may not advertise or represent themselves as a supervisor in any manner.(i) A supervisor whose license status is other than \"active\" is no longer an approved supervisor. Supervised clinical experience hours accumulated under that person's supervision after the date their license status changed from \"active\" or after removal of the supervisor designation will not count as acceptable hours unless approved by the council.(j) Upon execution of a Council order for probated suspension, suspension, or revocation of the LMFT license with supervisor status, the supervisor status is revoked. A licensee whose supervisor status is revoked, or who fails to maintain an active license, must:(1) inform each LMFT Associate of the loss of supervisor status;(2) refund all supervisory fees received after date of loss of supervisor status; and(3) assist each LMFT Associate in finding alternate supervision.(k) Supervision of an LMFT Associate without being currently approved as a supervisor is grounds for disciplinary action.(l) The LMFT Associate may compensate the supervisor for time spent in supervision if the supervision is not part of the supervisor's responsibilities as a paid employee of an agency, institution, clinic, or other business entity.(m) At a minimum, the 40-hour continuing education course in clinical supervision, referenced in subsection (a)(3)(B) of this section, must meet each of the following requirements:(1) the course must be taught by a graduate-level licensee holding supervisor status issued by the Council:(2) all related coursework and assignments must be completed over a time period not to exceed 90 days; and(3) the 40-hour supervision training must include at least:(A) three (3) hours for defining and conceptualizing supervision and models of supervision;(B) three (3) hours for supervisory relationship and marriage and family therapist development;(C) twelve (12) hours for supervision methods and techniques, covering roles, focus (process, conceptualization, and personalization), group supervision, multi-cultural supervision (race, ethnic, and gender issues), and evaluation methods;(D) twelve (12) hours for supervision and standards of practice, codes of ethics, and legal and professional issues; and(E) three (3) hours for executive and administrative tasks, covering supervision plan, supervision contract, time for supervision, record keeping, and reporting.", "sourceNote": "Source Note: The provisions of this §801.143 adopted\r\nto be effective October 5, 2020, 45 TexReg 7028; amended to be effective\r\nSeptember 21, 2022, 47 TexReg 5858; amended to be effective March\r\n7, 2023, 48 TexReg 1311; amended to be effective March 27, 2024, 49\r\nTexReg 1941; amended to be effective November 14, 2024, 49 TexReg\r\n8917; amended to be effective November 9, 2025, 50 TexReg 7285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201337&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201337", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.174", "label": "Licensure and Jurisprudence Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221686", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The council will accept the national licensure examination administered by the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) or the State of California marriage and family therapy licensure examination.(b) An applicant must apply to take the licensure examination per §801.74 of this title (relating to Application to Take Licensure Examination). The applicant must pay the examination fee to the appropriate party as dictated by the current examination contract or agreement.(c) The council, or its designee, will determine the times and places for licensing examinations and give reasonable public notice.(d) The council, or its designee, will notify the examinee of the results of the licensure examination in accordance with the current examination contract or agreement. If the council is notified of a potential delay of notification of exam results, the council will notify the examinee as soon as possible regarding the delay.(e) An applicant who fails the national licensure examination must comply with council rules, 22 Texas Administrative Code, §882.6 (relating to Limitation on Number of Examination Attempts).(f) All applicants must comply with council rules, 22 Texas Administrative Code, §882.5 (relating to Jurisprudence Examination Requirement).", "sourceNote": "Source Note: The provisions of this §801.174 adopted to be effective October 5, 2020, 45 TexReg 7028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221686&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221686", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.201", "label": "Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212977", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A temporary license may be issued to an applicant seeking to practice in this state for a limited time and purpose. To be eligible for temporary licensure, an applicant must:(1) submit a completed application for temporary licensure;(2) pay the application fee;(3) submit proof that the applicant is actively licensed, certified, or registered to practice independently, without supervision, as a marriage and family therapist by another jurisdiction; and(4) submit documentation indicating that the applicant is in good standing with that jurisdiction.(b) Applicants meeting the requirements for temporary licensure shall be granted a temporary license authorizing the delivery of marriage and family therapy services for no more than thirty (30) days. Upon utilization of the full thirty days, or the expiration of one year from the date of licensure, whichever occurs first, the temporary license shall expire.(c) Upon utilization of the full thirty days, or the expiration of one year from the date of licensure, whichever occurs first, the temporary licensee must submit written notification to the Council of the dates the licensee delivered marriage and family therapy services in this state.(d) Temporary licensees are subject to all applicable laws governing the practice of marriage and family therapy in this state, including the Licensed Marriage and Family Therapist Act and Council rules.(e) An applicant for permanent licensure in this state is not eligible for temporary licensure. Upon receipt of an application for permanent licensure by a temporary license holder, any temporary license held by an applicant shall expire without further action or notice by the Council.(f) A temporary license holder may not receive another temporary license until the expiration of one year from the date of issuance of their last temporary license, regardless of whether that license is active or expired.", "sourceNote": "Source Note: The provisions of this §801.201 adopted to be effective November 14, 2024, 49 TexReg 8918." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212977", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.202", "label": "LMFT Associate License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201339", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An LMFT Associate license expires 60 months from the date of issuance.(b) An LMFT Associate who does not complete the required supervised experience hours during the 60-month time period must reapply for licensure.(c) As of the effective date of this rule, all active LMFT Associate licenses shall be converted to a 60-month licensure term, with a new expiration date set 60 months after the effective date of this rule.", "sourceNote": "Source Note: The provisions of this §801.202 adopted to be effective October 5, 2020, 45 TexReg 7028; amended to be effective March 7, 2023, 48 TexReg 1312." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201339", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.203", "label": "Provisional LMFT License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224468", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A provisional license may be granted to a person who:(1) is licensed or otherwise registered as a marriage and family therapist by another state or other jurisdiction, whose requirements for licensure or registration, at the time the license or registration was obtained, were substantially equivalent to the requirements set out in §801.76 of this title (relating to Application for Licensed Marriage and Family Therapist (LMFT));(2) has successfully passed a national examination relating to marriage and family therapy or an examination approved by the council;(3) is sponsored by a Texas LMFT with whom the provisional license holder may practice under this section;(4) provides documentation, on council prescribed forms, of the experience requirements set out in §801.142 of this title (relating to Supervised Clinical Experience Requirements and Conditions) and §801.143 of this title (relating to Supervisor Requirements); and(5) meets any other requirements set forth under the Act.(b) Upon formal written request, the council may waive the requirement set out in subsection (a)(3) of this section, if the council determines that compliance with subsection (a)(3) of this section, would cause undue hardship to the applicant.(c) The council will issue a license to a holder of a provisional license if:(1) the provisional license holder passes the examinations required by §801.174 of this title (relating to Licensure and Jurisprudence Examinations);(2) the provisional license holder provides official graduate transcripts meeting the requirements set forth in §§801.112 through 801.115 of this title (relating to General Academic Requirements, Academic Requirements, Academic Course Content, and Academic Requirements and Supervised Clinical Internship Equivalency for Applicants Currently Licensed as an LMFT in Another Jurisdiction, respectively);(3) the provisional license holder provides documentation, on council prescribed forms, of the experience requirements set out in §§801.142 and 801.143 of this title (relating to Supervised Clinical Experience Requirements and Conditions and relating to Supervisor Requirements, respectively); and(4) the provisional license holder meets any other requirements set forth under the Act.(d) The council must complete the processing of a provisional license holder's application for an LMFT license within 180 days after the provisional license was issued. The council may extend the 180-day deadline to allow for the receipt and tabulation of pending examination results.", "sourceNote": "Source Note: The provisions of this §801.203 adopted to be effective October 5, 2020, 45 TexReg 7028." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224468", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.204", "label": "Licensing of Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206309", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant for licensure under this section must comply with Council §882.60 of this title. (b) Upon request, an applicant must provide acceptable proof of current licensure issued by another jurisdiction. Upon request, the applicant must provide proof that the licensing requirements of that jurisdiction are substantially equivalent to the licensing requirements of this state.(c) For an application for a license submitted by a verified military service member or military veteran, the applicant will receive credit towards any licensing or apprenticeship requirements, except an examination requirement, for verified military service, training, or education relevant to the occupation, unless he or she holds a restricted license issued by another jurisdiction or if he or she has a disqualifying criminal history as described by the Act, the Council Act, or Council rules.", "sourceNote": "Source Note: The provisions of this §801.204 adopted to\r\nbe effective February 9, 2021, 46 TexReg 912; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1921." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206309", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.205", "label": "Remedy for Incomplete License Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203494", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who does not meet all of the prerequisites for a particular license under Chapter 502 of the Occupations Code, may petition the Council for a waiver or modification of the prerequisite(s). An applicant may not petition for the waiver or modification of the degree required for the particular license sought or passage of the requisite examinations.(b) The Council may waive or modify a prerequisite for obtaining a license under Chapter 502 of the Occupations Code, subject to subsection (a) of this section, if:(1) the prerequisite is not mandated by federal law, the state constitution or statute, or 22 TAC Part 41 (relating to Texas Behavioral Health Executive Council); and(2) the failure or inability to meet the prerequisite was due to a disaster declared under Chapter 418 of the Government Code or under similar authority in another jurisdiction.(c) The Council may approve or deny a petition under this rule, and in the case of approval, may condition the approval on reasonable terms and conditions designed to ensure the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice under the license sought.", "sourceNote": "Source Note: The provisions of this §801.205 adopted to be effective September 19, 2021, 46 TexReg 6261." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203494&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203494", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.206", "label": "Licensing of Persons with Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225383", "queryAsDate": "03/11/2026" }, "ruleBody": "The following felonies and misdemeanors directly relate to the duties and responsibilities of a licensee:(1) offenses listed in Articles 42A.054 of the Code of Criminal Procedure;(2) a sexually violent offense, as defined by Article 62.001 of the Code of Criminal Procedure;(3) any felony offense wherein the judgment reflects an affirmative finding regarding the use or exhibition of a deadly weapon;(4) any criminal violation of Chapter 502 (Licensed Marriage and Family Therapist Act of the Occupations Code;(5) any criminal violation of Chapter 35 (Insurance Fraud) or Chapter 35A Medicaid Fraud) of the Penal Code;(6) any criminal violation involving a federal health care program, including 42 USC §130a-7b (Criminal penalties for acts involving Federal health care programs);(7) any offense involving the failure to report abuse or neglect;(8) any state or federal offense not otherwise listed herein, committed by a licensee while engaged in the practice of marriage and family therapy;(9) any criminal violation of §22.041 (Abandoning or Endangering a Child) of the Penal Code;(10) any criminal violation of §21.15 (Invasive Visual Recording) of the Penal Code;(11) any crimination violation of §43.26 (Possession of Child Pornography) of the Penal Code;(12) any criminal violations of §22.04 (Injury to a Child, Elderly Individual, or Disabled Individual) of the Penal Code;(13) three or more drug or alcohol related convictions within the last 10 years, evidencing possible addiction that will have an effect on the licensee's ability to provide competent services; and(14) any attempt, solicitation, or conspiracy to commit an offense listed herein.", "sourceNote": "Source Note: The provisions of this §801.206 adopted to be effective February 9, 2021, 46 TexReg 913." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225383&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225383", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "C", "label": "APPLICATIONS AND LICENSING" }, "rule": { "number": "§801.261", "label": "Requirements for Continuing Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210886", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Minimum Continuing Education Hours Required(1) An LMFT must complete 30 hours of continuing education during each renewal period that they hold a license. The 30 hours of continuing education must include 6 hours in ethics and 3 hours designed to ensure competency when providing services to a distinct population, defined as a group of people who share a common attribute, trait, or defining characteristic of the licensee's choice. (2) A licensee may carry forward to the next renewal period, a maximum of 10 hours accrued during the current renewal period if those hours are not needed for renewal.(b) Special Continuing Education Requirements. The special continuing education requirements set out in this subsection may be counted toward the minimum continuing education hours required under subsection (a) of this section.(1) A licensee with supervisory status must complete 6 hours of continuing education in supervision.(2) A licensee with supervisory status must take and pass the jurisprudence examination. One hour of continuing education in ethics may be claimed for passing the jurisprudence examination.(3) A licensee who provides telehealth services must complete 2 hours of continuing education in technology-assisted services. (c) Acceptable ethics hours include, but are not limited to continuing education on:(1) state or federal laws, including agency rules, relevant to the practice of marriage and family therapy;(2) practice guidelines established by local, regional, state, national, or international professional organizations;(3) training or education designed to demonstrate or affirm the ideals and responsibilities of the profession; and(4) training or education intended to assist licensees in determining appropriate decision-making and behavior, improve consistency in or enhance the professional delivery of services, and provide a minimum acceptable level of practice.(d) Acceptable Continuing Education Activities.(1) All continuing education hours must have been received during the renewal period unless allowed under subsection (a)(2) of this section, and be directly related to the practice of marriage and family therapy;(2) The Council shall make the determination as to whether the activity claimed by the licensee is directly related to the practice of marriage and family therapy;(3) Except for hours claimed under subsection (g) of this section, all continuing education hours obtained must be designated by the provider in a letter, email, certificate, or transcript that displays the licensee's name, topic covered, date(s) of training, and hours of credit earned.(4) Multiple instances or occurrences of a continuing education activity may not be claimed for the same renewal period.(e) Licensees must obtain at least fifty percent of their continuing education hours from one or more of the following providers:(1) an international, national, regional, state, or local association of medical, mental, or behavioral health professionals; (2) public school districts, charter schools, or education service centers;(3) city, county, state, or federal governmental entities; (4) an institution of higher education accredited by a regional accrediting organization recognized by the Council for Higher Education Accreditation, the Texas Higher Education Coordinating Board, or the United States Department of Education;(5) religious or charitable organizations devoted to improving the mental or behavioral health of individuals;(6) A graduate-level licensee with supervisor status;(7) a hospital or hospital system, including any clinic, division, or department within a hospital or hospital system; or(8) any provider approved or endorsed by a provider listed herein.(f) Licensees shall receive credit for continuing education activities according to the number of hours designated by the provider, or if no such designation, on a one-for-one basis with one credit hour for each hour spent in the continuing education activity.(g) Notwithstanding subsection (e) above, licensees may claim continuing education credit for each of the following activities: (1) Passage of the jurisprudence examination. Licensees who pass the jurisprudence examination may claim 1 hour of continuing education in ethics.(2) Preparing and giving a presentation at a continuing education activity. The maximum number of hours that may be claimed for this activity is 5 hours.(3) Authoring a book or peer reviewed article. The maximum number of hours that may be claimed for this activity is 5 hours.(4) Teaching or attending a graduate level course. The maximum number of hours that may be claimed for this activity is 5 hours.(5) Self-study. The maximum number of hours that may be claimed for this activity is 1 hour. Self-study is credit that is obtained from any type of activity that is performed by an individual licensee acting alone. Such activities include, but are not limited to, reading materials directly related to the practice of marriage and family therapy. Time spent individually viewing or listening to audio, video, digital, or print media as part of an organized continuing education activity, program, or offering from a third-party is not subject to this self-study limitation and may count as acceptable education under other parts of this rule.(6) Successful completion of a training course on human trafficking prevention described by §116.002 of the Occupations Code. Licensees who complete this training may claim 1 hour of continuing education credit.(h) The Council does not pre-evaluate or pre-approve continuing education providers or hours.(i) Licensees shall maintain proof of continuing education compliance for a minimum of 3 years after the applicable renewal period.", "sourceNote": "Source Note: The provisions of this §801.261 adopted to\r\nbe effective September 21, 2022, 47 TexReg 5858; amended to be effective\r\nMarch 7, 2023, 48 TexReg 1313; amended to be effective July 20, 2025,\r\n50 TexReg 4017." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210886", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§801.302", "label": "Severity Level and Sanction Guide" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224469", "queryAsDate": "03/11/2026" }, "ruleBody": "The following severity levels and sanction guides are based on the relevant factors in council rules, 22 Texas Administrative Code, §884.20 (relating to Disciplinary Guidelines and General Schedule of Sanctions).(1) Level One--Revocation of license. These violations evidence intentional or gross misconduct on the part of the licensee or cause or pose a high degree of harm to the public or may require severe punishment as a deterrent to the licensee, or other licensees.(2) Level Two--Suspension of license. These violations involve less misconduct, harm, or need for deterrence than Level One violations, but may require suspension of licensure for a period of time.(3) Level Three--Probated suspension of license. These violations do not involve enough harm, misconduct, or need for deterrence to warrant suspension of licensure, yet are severe enough to warrant monitoring of the licensee to ensure future compliance. Probationary terms may be ordered as appropriate.(4) Level Four--Reprimand. These violations involve inadvertent or relatively minor misconduct or rule violations not directly involving the health, safety and welfare of the public.(5) An administrative penalty may be assessed for any violation, in lieu of, or in addition to, other disciplinary actions. A maximum amount of $5,000 may be imposed for each violation, each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.", "sourceNote": "Source Note: The provisions of this §801.302 adopted to be effective October 5, 2020, 45 TexReg 7031; amended to be effective November 23, 2022, 47 TexReg 7693." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224469&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224469", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§801.303", "label": "Other Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224470", "queryAsDate": "03/11/2026" }, "ruleBody": "Complaints may be resolved by issuance of a warning letter. Warning letters inform licensees of their duties under the Act, the Council Act, or council rules and whether the council has a concern about the circumstances surrounding the complaint.", "sourceNote": "Source Note: The provisions of this §801.303 adopted to\r\nbe effective October 5, 2020, 45 TexReg 7031; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1921." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224470&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224470", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "35", "label": "TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS" }, "chapter": { "number": "801", "label": "LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS" }, "subchapter": { "number": "D", "label": "SCHEDULE OF SANCTIONS" }, "rule": { "number": "§801.305", "label": "Schedule of Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173548", "queryAsDate": "03/11/2026" }, "ruleBody": "The following standard sanctions shall apply to violations of the Texas Occupations Code, Chapter 502 and 22 Texas Administrative Code, Part 35.Attached Graphic", "sourceNote": "Source Note: The provisions of this §801.305 adopted to\r\nbe effective March 27, 2024, 49 TexReg 1943; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1922." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173548&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173548", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "A", "label": "LICENSED SEX OFFENDER TREATMENT PROVIDERS" }, "rule": { "number": "§810.1", "label": "Introduction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173549", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The provisions of this chapter govern the procedures relating to the licensing of individuals who assess and treat adult sex offenders and juveniles who commit sexual offenses in the State of Texas.(b) Construction. These sections cover definitions, licensing criteria for application, fees, continuing education, complaints, general procedures, standards of practice, and policies of the Council on Sex Offender Treatment.(c) History. The Council on Sex Offender Treatment (council) was created by the 68th Legislature (Senate Bill 84) in 1983 under the name of the Interagency Council on Sex Offender Treatment and its Act is codified in Occupations Code, Chapter 110. The council was designed to coordinate effective assessment and treatment strategies to reduce recidivism of sex offenders and to enhance public safety.", "sourceNote": "Source Note: The provisions of this §810.1 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173549&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173549", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "A", "label": "LICENSED SEX OFFENDER TREATMENT PROVIDERS" }, "rule": { "number": "§810.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173550", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Definitions.(1) Act--Texas Occupations Code, Chapter 110, relating to the Council on Sex Offender Treatment.(2) Biennium--Every 2 years.(3) Case Management--The coordination and implementation of activities directed toward supervising, treating, and managing the adult sex offender or juvenile who commit sexual offenses.(4) Client(s)--Used interchangeably with adult sex offenders and juveniles who commit sexual offenses.(5) Council--The Council on Sex Offender Treatment.(6) Custodian--The adult who is responsible for an adult or child.(7) Fiscal Year--September 1 through August 31.(8) Guardian--The person who, under court order, is the guardian of the person of the adult or the child, or the public or private agency with whom the adult or juvenile has been placed by a court.(9) HIPAA--Health Insurance Portability and Accountability Act, Title 45, Code of Federal Regulations (CFR), Parts 160 and 164.(10) Juvenile Court--A court designated under the Family Code, Title 3, Juvenile Justice Code, §51.04, to exercise jurisdiction over the proceedings.(11) Licensee--A treatment provider licensed by the council and who is recognized based on training and experience to provide assessment and treatment to adult sex offenders and/or juveniles who commit sexual offenses who have been convicted, adjudicated, deferred, or referred by a State agency or court.(12) Mental Health or Medical License--A person licensed in Texas to practice as a physician, psychiatrist, psychologist, psychological associate, provisionally licensed psychologist, licensed professional counselor, licensed professional counselor intern, licensed marriage and family therapist, licensed marriage and family associate, licensed clinical social worker, licensed master social worker under a TSBSWE's approved clinical supervision plan, or advanced practice registered nurse recognized as a psychiatric clinical nurse specialist or psychiatric mental health nurse practitioner, and who provides the treatment of sex offenders and/or juveniles who commit sexual offenses.(13) Reciprocity--The granting of an official license based on the current status of licensure in a different jurisdiction. Reciprocity is granted based on the formal written agreement between the council and regulatory body in the other jurisdiction.(14) Reportable Conviction or Adjudication--A conviction or adjudication, regardless of the pendency of an appeal.(15) TSBSWE--The Texas State Board of Social Work Examiners.(b) Treatment Definitions.(1) Ability to Give Consent--As stated in Penal Code, §1.07, \"assent in fact whether expressed or not,\" and as recognized under Family Code, §2.102 and §2.103.(2) Accountability--Accurate attributions of responsibility, without distortion, minimization, or denial.(3) Adaptive Behavior--The effectiveness with which a person meets the standards of personal independence and social responsibility reasonably expected of the person's age, sex, and cultural group (Health and Safety Code, Chapter 614).(4) Aversive Conditioning for Deviant Arousal--Behavioral techniques that involve pairing deviant sexual arousal with a noxious stimulus in order to modify deviant sexual arousal.(5) Clarification--The process designed for the primary benefit of the victim, by which the adult sex offender or juvenile with sexual behavior problems clarifies that the responsibility for the assault/abuse resides with the adult offender or juvenile and addresses the harm done to the victim and the family.(6) Collateral Victims--Relatives or other persons closely involved with the primary victim and client who are severely impacted emotionally or physically by the trauma suffered by the victim.(7) Denial--The refusal or inability to acknowledge in whole or in part sexually deviant arousal, sexually deviant intent, and/or sexually deviant behavior.(8) Deviant Sexual Arousal--A pattern of physiological sexual responses to inappropriate fantasies, thoughts, objects, animals, and/or persons that may or may not precede a sexual act.(9) Deviant Sexual Behavior--A sexual act that meets one or more of the criteria defined by state law. This includes sexual arousal to or interest in prepubescent children, sexual violence, and hypersexuality.(10) Developmental Disability--A severe and chronic disability that is attributable to a mental or physical impairment or a combination of physical and mental impairments, is manifested before age 22, is likely to continue indefinitely, and results in substantial functional limitations in three or more of the major life activities (Health and Safety Code, Chapter 614).(11) Dynamic Risk Factors--Risk factors that can change over time and are important targets for treatment and supervision.(12) Empathy--The ability to identify and understand another person's feelings, situation, or ideas.(13) Empirically Supported Approaches--Treatment or therapeutic approaches and techniques that have been derived from and guided by peer-reviewed studies.(14) Grooming--The process of desensitizing and manipulating the victim(s) and/or others for the purpose of gaining an opportunity to commit a sexually deviant act.(15) Juvenile who commits sexual offenses--A person who at the time of the offense:(A) is 10 years of age or older and under 17 years of age and who has been adjudicated of committing a sex crime under the laws of a state, the United States, the Uniform Code of Military Justice, or any foreign country laws; or(B) is 17 years of age or older and on probation who has been adjudicated of committing a sex crime under the laws of a state, the United States, the Uniform Code of Military Justice, or any foreign country laws before becoming 17 years of age.(16) Mental Illness--An illness, disease, or condition, other than epilepsy, senility, alcoholism, or mental deficiency, that substantially impairs a person's thoughts, perception of reality, emotional processes, or judgment, or grossly impairs behavior as demonstrated by recent disturbed behavior (Health and Safety Code, Chapter 571).(17) Mental Retardation--A significantly sub-average general intellectual functioning that is concurrent with deficits in adaptive behavior and originates during the developmental period (Health and Safety Code, §591.003).(18) Non-Deceptive Polygraph Examination Result--A non-deceptive polygraph examination result must include no significant criteria normally associated with deception to the relevant questions. The examinee's salience should be focused on the comparison questions. Examiners will utilize an accepted numerical scoring system to ensure a non-deceptive result.(19) Offense Sequence--The specific sequence(s) of thoughts, feelings, behaviors, and events that may occur before, during, or after a sexual offense is committed.(20) Penile Plethysmograph (PPG)--A diagnostic method to assess sexual arousal by measuring the blood flow (tumescence) to the penis during the presentation of sexual stimuli in a controlled setting by providing the identification of a clients' physiological arousal in response to sexual stimuli (audio/visual).(21) Polygraph (Clinical) Examination--The employment of any instrumentation complying with the required minimum standards of the Texas Polygraph Examiner's Act and used for the purpose of measuring the physiological changes associated with deception. The following are descriptions of the four general types of polygraphs utilized:(A) Instant Sexual Offense Polygraph--addresses the offense of conviction in conjunction or adjudication with the official version;(B) Sexual History Polygraph--addresses the complete sexual history of the client up to the instant offense;(C) Maintenance Polygraph--addresses compliance with conditions of supervision and treatment; and(D) Monitoring Polygraph--addresses whether the client has committed a \"new\" sexual offense.(22) Polygraph Examiner--A person with a current license approved by the Texas Department of Licensing and Regulation and who meets minimum criteria to be listed by the Joint Polygraph Committee on Offender Testing (JPCOT) and/or the American Polygraph Association (APA) Post-Conviction Sex Offender Testing (PCSOT) Standards for polygraphing adult sex offenders and juveniles who commit sexual offenses.(23) Reoffense Prevention Plan--A multilevel plan that assists the client in developing strategies to addresses the risk factors or precursors that have typically preceded sexual offenses.(24) Safety Plan--A written document derived from the process of planning for community safety. The document identifies potential high-risk situation and addresses ways in which situations will be handled without the adult sex offender or juvenile placing others at risk.(25) Sex Offender--A person who:(A) is or has been convicted or adjudicated of a sex crime under the laws of the State of Texas, any other state or territory, or under federal law, including a conviction of a sex crime under the Uniform Code of Military Justice;(B) is or has been awarded deferred adjudication for a sex crime under the laws of the State of Texas, any other state or territory, or under federal law; or(C) is or has been convicted, adjudicated, or received deferred adjudication for a sexually motivated offense which involved the intent to arouse or gratify the sexual desire of any person immediately before, during, or immediately after the commission of an offense.(26) Sex Offender Specific Treatment--Treatment modalities that are based on empirical research with regard to favorable treatment outcomes and are professionally accepted in the field of sex offender treatment and the treatment of juveniles who commit sexual offenses. Offense specific treatment means a long-term comprehensive set of planned treatment experiences and interventions that modify sexually deviant thoughts, fantasies, and behaviors and that utilize specific strategies to promote change and to reduce the chance of re-offending. Currently, the primary treatment modality is cognitive behavioral group treatment. Sex offender treatment does not include general rehabilitation or clinical services provided in a criminal justice or juvenile justice institution as a part of the mainstream adjunct treatment programs.(27) Static Risk Factors--Risk factors that are unlikely to change over time.(28) Sub-Average General Intellectual Functioning--The measured intelligence on standardized psychometric instruments of two or more standard deviations below the age-group mean for the tests used (Health and Safety Code, §591.003).(29) Successful Completion of Sex Offender Specific Treatment--Shall be determined by licensees based upon an analysis of risk, needs and responsivity issues. Factors to be considered shall include but are not limited to admitting and accepting responsibility for all criminal behavior, demonstrating the ability to control deviant sexual arousal, understanding the sexual offense cycle, increase in pro-social behaviors, increase in appropriate support systems, improved social competency, compliance with supervision, compliance with court conditions, increased understanding of victimization, no deception indicated on exit polygraphs, no deception indicated on the sex history polygraph, approved safety plans, approved reoffense prevention plans, successful completion of adjunct treatments (for example: anger management, substance abuse, etc.), and the demonstrated integration and practical application of the skills presented in treatment. Each of these issues regarding successful completion of treatment shall be addressed unless precluded by §810.65 of this title (relating to the Assessment and Treatment of Juveniles Who Commit Sexual Offenses), §810.67 of this title (relating to the Assessment and Treatment Standards for Developmentally Delayed Clients).(30) Visual Reaction Time (VRT)--The measurement of sexual interest based on the relative amount of time spent looking at visual stimuli.", "sourceNote": "Source Note: The provisions of this §810.2 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173550&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173550", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "A", "label": "LICENSED SEX OFFENDER TREATMENT PROVIDERS" }, "rule": { "number": "§810.3", "label": "License Required" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201751", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person shall not provide sex offender treatment or act as a sex offender treatment provider unless the person is licensed by the council. A person may not claim to be a sex offender treatment provider or use the title or an abbreviation that implies the person is a sex offender treatment provider unless the person is licensed under this chapter.(b) The council shall maintain a list of licensees who meet the council's licensure criteria to assess and treat adult sex offenders and/or juveniles who commit sexual offenses. The council shall recognize the experience and training of treatment providers in the following licensure categories: \"Licensed Sex Offender Treatment Provider\" and \"Affiliate Sex Offender Treatment Provider.\"(c) Sex offender treatment does not include general rehabilitation or clinical services provided in a criminal justice or juvenile justice institution as a part of the mainstream adjunct treatment programs.(1) Licensed Sex Offender Treatment Provider (LSOTP). To be eligible as a LSOTP, the applicant shall meet all of the following criteria:(A) hold a mental health or medical license in Texas. The mental health or medical license status shall be current and active;(B) experience and training required as listed in clauses (i) - (ii) of this subparagraph:(i) possess a minimum of 1000 documented and verified hours of clinical experience while under the supervision of a council approved supervisor in the areas of assessment and treatment of sex offenders, obtained within the past 7-year period, and provide 1 reference letter from a licensed sex offender treatment provider who has actual knowledge of the applicant's clinical work in sex offender assessment and treatment; and(ii) submit proof of completion of a minimum of 40 hours of documented continuing education training obtained within 3 years prior to the application date, in the specific area of sex offender assessment and treatment. Online hours are not acceptable. Of the initial 40 hours training required, 30 hours shall be in the specific area of sex offender assessment and treatment. Ten hours shall be in sexual assault victim related training;(C) submit a complete and accurate description of the applicant's treatment program on a form provided by the council;(D) persons making initial application or renewing their eligibility for licensure shall adhere to Subchapter C, Standards of Practice and Subchapter D, Code of Professional Ethics and shall comply with the following requirements:(i) not have been convicted and/or adjudicated of any felony, or of any misdemeanor involving a sex offense or sexually motivated offense, nor have received deferred adjudication for a sex offense, and/or required to register as a sex offender under Texas Code of Criminal Procedure, Chapter 62;(ii) not have had licensure revoked or canceled by any professional licensing body;(iii) submit to a criminal history background check. An applicant shall be required to submit a complete set of fingerprints on the card provided by the council with the application documents, or other information necessary to conduct a criminal history background check to be submitted to the Texas Department of Public Safety or to another law enforcement agency unless exempt under this section. Fingerprints shall be taken by a peace officer or a person authorized by the council and shall be placed on a form prescribed by the Texas Department of Public Safety; and(iv) not have violated the Act or any rule adopted by the council;(E) submit an application fee as defined in §810.5 of this title (relating to Fees);(F) submit a copy of his or her mental health or medical license, as set out in subparagraph (A) of this paragraph, and indicated that the applicant's license is current and in good standing;(G) sign the application form(s) and attest to the accuracy of the application information; and(H) complete the process within 90 days of the application's receipt in the council office.(2) Affiliate Sex Offender Treatment Provider (ASOTP). To be eligible as an ASOTP, the applicant shall meet all of the following criteria:(A) hold a mental health or medical license. The mental or medical health license status shall be current and active; and(B) supervised by a LSOTP in accordance with paragraph (8)(A) - (D) of this section until LSOTP status is obtained and submit a copy of the LSOTP supervisor's license, and indicated that the applicant is current and in good standing.(C) submit a complete and accurate description of the applicant's treatment program on a form provided by the council;(D) comply with paragraph (1)(D)(i) - (iv) of this subsection;(E) persons making initial application or renewing their eligibility for licensure shall adhere to Subchapter C, Standards of Practice and adhere to Subchapter D, Code of Professional Ethics to the extent the adherence does not conflict with other laws;(F) submit an application fee defined in §810.5 of this title;(G) submit a copy of the applicant's medical or mental health license as set out in subparagraph (A) of this paragraph, indicating the applicant is current and in good standing;(H) sign the application form(s) and attest to the accuracy of the application information; and(I) complete the process within 90 days of the application's receipt in the council office.(J) After completing the required documented clinical and continuing education hours, the ASOTP may be upgraded to the LSOTP based on the number of completed hours and depending upon the status of the licensee's medical or mental health license.(3) Licensing Out-of-State Applicants/Reciprocity. The council may waive any prerequisite to licensing for an application after either:(A) receiving the applicant's credentials and determining that the applicant holds a valid sex offender treatment license from another state that has license requirements substantially equivalent to those of this state; or(B) determining, on a case by case basis, that the applicant possesses comparable training and experience in the assessment and treatment of sex offenders.(4) Request for Criminal History Evaluation Letter.(A) In accordance with Occupations Code, §53.102, a person may request the council to issue a criminal history evaluation letter regarding the person's eligibility for a license if the person:(i) is enrolled or planning to enroll in an educational program that prepares a person for an initial license or is planning to take an examination for an initial license; and(ii) has reason to believe that the person is ineligible for the license due to a conviction for a felony or misdemeanor offense.(B) A person making a request for issuance of a criminal history evaluation letter shall submit the request on a form prescribed by the council, accompanied by the criminal history evaluation letter fee and the required supporting documentation, as described on the form. The request shall state the basis for the person's potential ineligibility.(C) The council has the same authority to investigate a request submitted under this section and the requestor's eligibility that the council has to investigate a person applying for a license.(D) If the council determines that a ground for ineligibility does not exist, the council shall notify the requestor in writing of the determination. The notice shall be issued not later than the 90th day after the date the council received the request form, the criminal history evaluation letter fee, and any supporting documentation as described in the request form.(E) If the council determines that the requestor is ineligible for a license, the council shall issue a letter setting out each basis for potential ineligibility and the council's determination as to eligibility. The letter shall be issued not later than the 90th day after the date the council received the request form, the criminal history evaluation fee, and any supporting documentation as described in the request form. In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the council at the time the letter is issued, the board's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter.(5) Inactive Status.(A) A licensee may place his or her license on inactive status by submitting a written request prior to the expiration of the license along with the inactive fee to the council. Inactive status periods shall be granted only to persons whose licenses are current or whose licenses have been expired for less than 1 year.(B) An inactive status period shall begin on the first day of the month following payment of an inactive status fee.(C) A person may not act as a licensee, represent himself or herself as a licensee, or provide sex offender treatment during the inactive status period, unless exempted by the Act.(D) A person may remain subject to investigation and action under §810.9 of this title (relating to Complaints, Disciplinary Actions, Administrative Hearings, and Judicial Review) during the period of inactive status.(E) A person must notify the council in writing to return to active status. Active status shall begin after receipt of proof of successful completion of 24 hours continuing education within the 2 years preceding reinstatement of active status and payment of applicable fees.(F) The person's next continuing education cycle will begin upon return to active status and end on the day of license expiration.(G) A person previously approved as a supervisor whose license has been inactive for more than 2 years and who resumes active license status may become a supervisor by again completing the supervision requirements of the council.(H) A person who is granted an inactive status by the person's mental health or medical license under §810.2(a)(12) of this title (relating to Definitions) shall be required to request an inactive status under this section.(I) The licensee must renew the inactive status every 2 years.(6) Licensing of Military Service Members, Military Veterans, and Military Spouses.(A) This paragraph sets out licensing and renewal procedures for military service members, military veterans, and military spouses required under Occupations Code, Chapter 55 (relating to Licensing of Military Service Members, Military Veterans, and Military Spouses). For purposes of this section:(i) \"Military service member\" means a person who is currently serving in the armed forces of the United States, in a reserve component of the armed forces of the United States, including the National Guard, or in the state military service of any state.(ii) \"Military spouse\" means a person who is married to a military service member who is currently on active duty.(iii) \"Military veteran\" means a person who has served in the army, navy, air force, marine corps, or coast guard of the United States, or in an auxiliary service of one of those branches of the armed forces.(B) An applicant shall provide documentation of the applicant's status as a military service member, military veteran, or military spouse. Acceptable documentation includes, but is not limited to, copies of official documents such as military service orders, marriage licenses, and military discharge records. The application of a person who fails to provide documentation of his or her status shall not be processed under the requirements of this section.(C) Upon request, an applicant shall provide acceptable proof of current licensure issued by another jurisdiction. Upon request, the applicant shall provide proof that the licensing requirements of that jurisdiction are substantially equivalent to the licensing requirements of this state.(D) The council's authority to require an applicant to undergo a criminal history background check, and the timeframes associated with that process, are not affected by the requirements of this section.(E) For an application for a license submitted by a verified military service member or military veteran, the applicant shall receive credit towards any licensing or apprenticeship requirements, except an examination requirement, for verified military service, training, or education that is relevant to the occupation, unless he or she holds a restricted license issued by another jurisdiction or if he or she has an unacceptable criminal history as described by the Act and this chapter.(F) An applicant who is a military spouse who holds a current license issued by another jurisdiction that has substantially equivalent licensing requirements shall complete and submit an application form and fee. The council shall issue a license to a qualified applicant who holds such a license as soon as practicable and the renewal of the license shall be in accordance with subparagraph (I) of this paragraph.(G) In accordance with Occupations Code, §55.004(c), the executive director may waive any prerequisite to obtaining a license after reviewing the applicant's credentials and determining that the applicant holds a license issued by another jurisdiction that has licensing requirements substantially equivalent to those of this state.(H) A military spouse who within the five years preceding the application date held the license in this state that expired while the applicant lived in another state for at least six months is qualified for licensure based on the previously held license, if there are no unresolved complaints against the applicant and if there is no other bar to licensure, such as criminal background or non-compliance with a board order.(I) If the council issues an initial license to an applicant who is a military spouse in accordance with subparagraph (F) of this paragraph, the council shall assess whether the applicant has met all licensing requirements of this state by virtue of the current license issued by another jurisdiction. The council shall provide this assessment in writing to the applicant at the time the license is issued. If the applicant has not met all licensing requirements of this state, the applicant must provide proof of completion at the time of the first application for license renewal. A license shall not be renewed, shall be allowed to expire, and shall become ineffective if the applicant does not provide proof of completion at the time of the first application for licensure renewal.(J) If a licensee fails to renew his or her license because the licensee is called to or is on active duty with the armed forces of the United States serving outside of the State of Texas, the licensee or the licensee's designated representative may request that the license be declared inactive or be renewed. A \"designated representative\" is a person authorized in writing by the licensee to act on behalf of the licensee. A copy of the written designation must be provided to the council. A request for inactive status shall be made in writing to the council prior to expiration of the license or within one year from the expiration date. A request for renewal may be made before or after the expiration date.(i) A written request shall include a copy of the official transfer orders of the licensee or other official military documentation showing that the licensee is called to or on active duty serving outside of the State of Texas.(ii) The payment of the inactive status fee, late renewal fee and licensure renewal penalty fee is waived for a licensee under this section.(iii) An active duty licensee shall be allowed to renew under this section without submitting proof of continuing education hours.(iv) The written request shall include a current address and telephone number for the licensee or the licensee's designated representative.(v) The council may periodically notify the licensee or the licensee's designated representative that the license of the licensee remains in inactive status.(vi) If a licensee is a civilian impacted or displaced for business purposes outside of the State of Texas due to a national emergency or war, the licensee or the licensee's designated representative may request that the license be declared inactive in the same manner as described in this section for military personnel. The written request shall include an explanation of how the licensee is impacted or displaced, which explanation shall be on the official letterhead of the licensee's business. The requirements of this section relating to renewal by active duty licensees shall not apply to a civilian under this paragraph.(7) Specialized Competencies. Licensed Sex Offender Treatment Providers with specialized competencies in the assessment and treatment of juveniles with sexual problems, female sex offenders, and/or developmentally delayed sex offenders may have those competencies documented by the council, provided the following criteria is met:(A) possess at least 250 documented and verified hours experience with each population in the assessment and treatment of juveniles who commit sexual offenses, female sex offenders, and/or developmentally delayed sex offenders; these hours may be part of the original training and experience hours required for the new application and original CE requirements up to 7 years prior;(B) possess a minimum of 24 hours of documented continuing education training with each population in the assessment and treatment of juveniles who commit sexual offenses, female sex offenders, developmentally delayed sex offenders; and/or deregistration evaluation specialist these hours may be part of the original training and experience hours required for the original certification;(C) possess a minimum of 3 hours of documented continuing education training with each population in the assessment and treatment of juveniles who commit sexual offenses, female sex offenders, and/or developmentally delayed sex offenders for renewal of the specialized competencies; and(D) pay a biennial fee for each specialty as defined in §810.5(f) of this title.(8) Supervision. All ASOTPs providing sex offender assessment and treatment shall be supervised. Supervision will include the following:(A) An ASOTP providing sex offender assessment and treatment is required to be under the supervision of a LSOTP supervisor approved by the council. The ASOTP shall provide a copy of supervision documentation to the council.(B) An LSOTP that has not been a supervisor approved by the council prior to the effective date of this rule shall meet the following criteria:(i) possess 5 years experience as an LSOTP;(ii) sign and acknowledge the LSOTP supervisor's responsibilities form;(iii) submit a biennial fee as defined in §810.5(f) of this title; and(iv) obtain 3 hours documented continuing education in the supervision of sex offender treatment providers or in general supervision of other mental health professionals every 4 years.(C) An ASOTP shall receive face-to-face supervision at least 1 hour per 20 hours of assessment and treatment with a minimum of 2 hours per month during any time period in which the supervisee provides sex offender assessment and treatment. Exceptions to supervision requirements shall be approved on a case-by-case basis by the council. Face-to-face supervision may be conducted through audio-visual means when distance or other factors preclude in-person meetings.(D) The supervising LSOTP shall submit the required documentation to the council at the time of the renewal; the documentation shall contain the name(s) of the ASOTP(s) and hours that each has been supervised. The supervising LSOTP shall use the form(s) provided by the council.(9) License Certificates. Upon completion of the application or renewal process, licensees shall receive an official certificate and renewal cards from the council. As set forth in §810.5(i) of this title, duplicate certificates may be obtained for a nominal fee.(A) The council shall prepare and provide to each licensee a certificate and renewal cards which contain the licensee's name and certificate number.(B) A license certificate(s) or renewal card(s) issued by the council remains the property of the council and shall be surrendered to the council upon demand.(C) The address and telephone number of the council shall be displayed at all locations where sex offender assessment and treatment is conducted and/or the licensee shall provide a copy to the client on initial intake for the purpose of directing complaints against the licensee to the council.(10) Application processing. The council shall comply with the following procedures in processing applications for a license.(A) The following times shall apply from a completed application receipt and acceptance date for filing, or until the date a written notice is issued stating the application is deficient and additional specific information is required. A written notice of application approval may be sent instead of the notice of acceptance of a complete application. The times are as follows:(i) letter of acceptance of application for licensure--30 days;(ii) letter of acceptance of application for renewal--30 days; and(iii) letter of initial application deficiency--30 days.(B) The following times shall apply from the receipt of the last item necessary to complete the application until the date of issuance of written notice approving or denying the application. The times for denial include notification of the proposed decision and of the opportunity, if required, to show compliance with the law and of the opportunity for a formal hearing. The times are as follows:(i) approval of application--42 days; and(ii) letter of denial of licensure--90 days.(11) Refund processing. The council shall comply with the following procedures in processing refunds of fees paid to the council. In the event an application is not processed in the times stated in paragraph (10)(A) - (B) of this subsection.(A) An applicant has the right to request reimbursement of all fees paid in that particular application process. Application for reimbursement shall be made to the executive director. If the executive director does not agree that the time has been violated or finds that good cause existed for exceeding the time, the request shall be denied.(B) If the executive director denies a request for reimbursement under subparagraph (A) of this paragraph the applicant may appeal to the council for a timely resolution of any dispute arising from a violation of the processing times.", "sourceNote": "Source Note: The provisions of this §810.3 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201751", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "A", "label": "LICENSED SEX OFFENDER TREATMENT PROVIDERS" }, "rule": { "number": "§810.4", "label": "License Issuance and/or Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173552", "queryAsDate": "03/11/2026" }, "ruleBody": "All new initial licenses shall expire on the last day of the licensee's birth month. The initial licensing period shall be at least 13 months and no more than 24 months. Subsequent licensing periods will be 24 months. In order to maintain eligibility for the licensure as a sex offender treatment provider, the mental health or medical license of each renewal shall be current and active. All renewal applicants shall comply with the following:(1) Number of continuing education (CE) hours. All renewal applicants shall acquire by the end of the 2-year cycle, a minimum of 24 hours of documented continuing education. S ix hours shall be in ethics, 12 hours shall be in sex offender assessment and treatment, and 6 hours shall be in victim-related training. All accredited mental health continuing education hours are accepted.(2) All renewal applicants shall submit renewal forms provided by the council and renewal fees defined in §810.5 of this title (relating to Fees).(3) The council shall employ an audit system for continuing education reporting. The licensee shall be responsible for maintaining a record of his or her continuing education experiences. The certificates or other documentation verifying earning of continuing education hours are not to be forwarded to the council at the time of renewal unless the licensee has been selected for audit.(4) The audit process shall be as follows.(A) The department shall select for audit a random sample of licensees for each renewal. Audit forms shall be sent to the selected licenses.(B) All licensees selected for audit will furnish documentation of certificates, an affidavit identifying the continuing education experience satisfactory to the council, or any other documentation requested by the council to verify having earned the continuing education hours listed on the continuing education report. The documentation shall be provided to the council upon request.(C) Failure to furnish this information or knowingly providing false information during the audit process or the renewal process are grounds for disciplinary action against the licensee.(5) To ensure approval of continuing education hours, licensees should request pre-approval of hours from the council before attending continuing educational training. Instructors or sponsoring bodies may request pre-approval of hours from the council before conducting continuing education trainings. Continuing education activities related to the assessment and treatment of sex offenders or sexual assault victim related training shall be instructor-directed activities such as conferences, symposia, seminars, and workshops.(6) Continuing education hours will be credited for approved, didactic presentations within the context of a professional conference or seminar. On the job training and field trips shall not be credited with continuing education hours.(7) Licensees shall request pre-approval from the council for all online courses and courses taken at an institution of higher learning. All renewal applicants may count a maximum of 12 online hours per biennial renewal period, not including ethics hours.(8) All renewal applicants may count a maximum of 6 hours per biennial renewal period for the presentation of continuing education training, lectures, or courses in the specific area of sex offender assessment and treatment, sexual assault issues and/or victim training.(9) Continuing education extension.(A) A licensee who has failed to complete the requirements for continuing education may be granted a 90-day extension by the executive director.(B) The request for an extension of the CE period shall be made in writing and shall be postmarked at least 30 days prior to the expiration date of the license.(C) If an extension is requested, a late fee equal to one-half of the renewal fee stated in §810.5(b)(2)(B) of this title will be assessed.(D) Credit earned during the extension period cannot be applied toward the next CE period.(E) A person who fails to complete the CE requirements during the extension period or who does not request an extension and holds an expired license, shall not use the title of LSOTPV or ASOTP, practice as a sex offender treatment provider, or provide sex offender treatment.(10) A license shall be renewed upon completion of the required CE within the given extension period, submission of the license form, and payment of the applicable late renewal fee.(11) A person who fails to complete CE requirements for renewal and failed to request an extension to the CE period may not renew the license. The person may obtain a new license by complying with the current requirements and procedures for obtaining a license.", "sourceNote": "Source Note: The provisions of this §810.4 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748; amended to be effective November 22, 2020, 45 TexReg 8170." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173552", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "A", "label": "LICENSED SEX OFFENDER TREATMENT PROVIDERS" }, "rule": { "number": "§810.5", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173553", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) New Applicant Fees. The council has established the following license fees.(1) All new LSOTP and ASOTP applicants shall submit a non-refundable $375 fee for a biennial application. Additional fees will be charged for Federal Bureau of Investigations and Texas Department of Public Safety criminal background checks unless exempt under §810.34 of this title (Relating to Frequency of Criminal Background Checks). Fees shall be determined by those agencies conducting the investigation.(2) All applicants shall comply with the following requirements:(A) return the completed, signed application form provided by the council;(B) submit the license fee in the form of a check or money order or if renewing online by credit card; and(C) submit within 90 calendar days of written notification from the council any documentation required.(b) Renewal Fees. Renewal forms and information shall be mailed to each licensee at the licensee's last known address as reflected in the council's records at least 60 days prior to license expiration.(1) All renewals shall include a nominal electronic renewal fee if applicable, as established by the contracting agency. Renewal fees are subject to the provisions in the Occupations Code, §110.307.(2) To renew, a LSOTP or ASOTP shall include a non-refundable $275 fee for a biennial renewal. All applicants shall comply with the following requirements.(A) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required license fee to the council on or before the expiration date of the license.(B) If a license has been expired for 90 days or less, the late renewal fee is equal to one and one-half times the required renewal fee.(C) If a license has been expired for longer than 90 days, but less than one year, the reinstatement fee is equal to two times the required renewal fee.(D) If a license has been expired for 1 year or longer, the individual may obtain a new license by submitting and complying with the requirements and procedures for obtaining an original license.(c) Criminal History Evaluation Letter. A $50 fee shall be assessed to a person who requests a criminal history evaluation letter from the council.(d) Effective January 1, 2004, for all new applications and renewal applications, the council is required to collect subscription and convenience fees, in amounts determined by the Texas Online Authority, to recover costs associated with application and renewal application processing through the texas.gov.(e) Effective January 1, 2004, for all new applications and renewal applications, the council is authorized to collect fees to fund the Office of Patient Protection, Health Professions Council, as mandated by law.(f) Specialty Fees. Applicants who meet the specialized competency criteria involving the treatment of juveniles who commit sexual offenses, females, developmentally delayed populations, and/or deregistration assessments shall submit a non-refundable $40 specialty fee for each biennial period.(g) Supervisor Fees. Licensees that meet the LSOTP supervisor criteria and who seek to be designated as an approved LSOTP supervisor shall submit a non-refundable $40 credentialing fee for each biennial period.(h) Inactive Fee. Licensees who request an inactive status shall submit a non-refundable $50 fee.(i) Duplicate Certificates. Licensees who request duplicate certificates shall be charged a non-refundable $10 fee per certificate.", "sourceNote": "Source Note: The provisions of this §810.5 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173553", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "A", "label": "LICENSED SEX OFFENDER TREATMENT PROVIDERS" }, "rule": { "number": "§810.8", "label": "Revocation, Denial, or Non-Renewal of a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173554", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The council may revoke a license, deny an application for licensure, and/or refuse to renew a license upon proof that the treatment provider has:(1) been convicted or received deferred adjudication for any misdemeanor involving a sexual offense or sexually motivated offense; or any felony, sexual or otherwise;(2) been determined by the council to have engaged in deceit or fraud in connection with the delivery of services, supervision, or documentation of licensure requirements;(3) violated the Act or any rule adopted by the council;(4) been prohibited from renewal by the Education Code, §57.491 (relating to Loan Default Ground for Non-renewal of Professional or Occupational License); or(5) been prohibited from renewal by a court order or attorney general's order issued pursuant to the Family Code, Chapter 232 (relating to Suspension of License for Failure to Pay Child Support or to Observe a Child Custody Order).(b) The council may take action against a licensee or deny an application or renewal in accordance with Occupations Code, Chapter 53, if the licensee has felony or misdemeanor convictions that directly relate to the duties and responsibilities as a sex offender treatment provider.", "sourceNote": "Source Note: The provisions of this §810.8 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173554", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "A", "label": "LICENSED SEX OFFENDER TREATMENT PROVIDERS" }, "rule": { "number": "§810.9", "label": "Complaints, Disciplinary Actions, Administrative Hearings, and Judicial Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197370", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Reporting a complaint. A person shall report an alleged violation of the Act or this chapter by a licensee or non-licensee by notifying the executive director. The initial notification shall be in writing and sent by fax, U.S. Postal Service, or email to the council's office.(b) Review of a complaint.(1) The executive director shall initially review the complaint for violations of the Act or any rule adopted by the council. The executive director may accept an anonymous complaint if there is sufficient information for the investigation.(2) If it is determined that the matters alleged in the complaint are non-jurisdictional, the executive director, with the concurrence of the Ethics Committee Chair, may close the complaint and give written notice of closure to the licensee or person against whom the complaint has been filed, the complainant, and the complaints committee. If it is determined that a violation of the Act or these sections may have occurred, the executive director or executive director's designee shall:(A) notify the complainant in writing of receipt of the complaint;(B) notify the licensee in writing that a complaint has been filed and provide a copy of the complaint; and(C) provide a copy of the complaint to the licensee's mental health or medical licensing agency.(c) The executive director shall refer pending jurisdictional complaints to the Ethics Committee. The Ethics Committee shall:(1) review each complaint and determine whether the complaint fits within the category of a valid complaint affecting the health and safety of clients or other persons;(2) ensure that complaints are not dismissed without appropriate consideration;(3) ensure that a person who files a complaint has an opportunity to explain the allegations made in the complaint; and(4) resolve the issues of the complaint which arise under the Act or this chapter.(d) If it is determined that there are sufficient grounds to support the complaint, the matters in question shall be investigated. The executive director or the Ethics Committee may initiate the investigation.(e) If the Ethics Committee determines that there are insufficient grounds to support the complaint, the committee shall dismiss the complaint and give written notice of the dismissal to the licensee or person against whom the complaint has been filed and the complainant.(f) Responsibilities of the licensee.(1) A licensee shall cooperate with the council by furnishing all required documents or information and by responding to a request for information or a subpoena issued by the council or its authorized representative.(2) A licensee shall comply with any order issued by the council relating to the licensee. A licensee shall not interfere with a council investigation by the willful misrepresentation of facts to the council or its authorized representative or by the use of threats or harassment against any person.(3) The licensee shall be notified of the allegations in writing by the executive director or designee and shall be required to provide a response to the allegations within 20 calendar days of that notice.(4) Failure to respond to the allegation within the 20 day period is evidence of licensee's failure to cooperate with the investigation and may subject the licensee to disciplinary action.(g) Actions by the council. The council is authorized to revoke, suspend, or deny a license, or to deny a renewal of a license, place on probation a person whose license has been suspended, assess an administrative penalty, or reprimand a licensee for a violation of the Act or a rule of the council.(h) Probated Suspension. If the suspension is probated, the council is authorized by Occupations Code, §110.352, to impose certain requirements and limitations on a person.(i) Disciplinary action on the mental health or medical license. If a licensee's mental health or medical license is revoked or suspended, the council may propose to revoke a license issued under this chapter.(j) Complaint information. The council shall retain all complaints filed with the council for 7 years from the date of closure. The information shall include:(1) the date the complaint is received;(2) the name of the complainant;(3) the subject matter of the complaint;(4) a record of all witnesses contacted in relation to the complaint;(5) a summary of the results of the review, investigation of the complaint, and any action taken; and(6) for a complaint for which the council took no action, an explanation of the reason the complaint was closed without action.(k) Formal hearing.(1) A formal hearing shall be conducted according to the provisions of the Texas Government Code, Chapter 2001, Administrative Procedure Act and held in Travis County, Texas, unless otherwise determined by the Administrative Law Judge (ALJ) or upon agreement of the parties.(2) Prior to institution of formal proceedings to revoke or suspend a license, the executive director shall give written notice to the licensee by certified mail, return receipt requested, of the facts or conduct alleged to warrant revocation or suspension, and the person shall be given the opportunity, as described in the notice, to show compliance with all requirements of the Act and this chapter.(3) To initiate formal hearing procedures, the executive director shall give the licensee written notice of the opportunity for hearing. The notice shall state the basis for the proposed action. Within 20 calendar days after receipt of the notice, the licensee shall give written notice to the executive director that the licensee waives the hearing and either surrenders the license, or accepts the proposed sanction, or requests an informal settlement conference and/or a formal hearing. Receipt of the notice is deemed to occur on the seventh calendar day after the notice is mailed to the licensee's last reported address as reflected in the council's records unless another date of receipt is reflected on a U.S. Postal Service return receipt.(A) If the licensee fails to request a hearing within the proscribed period, the licensee is deemed to have waived the hearing and a default order may be entered by the council.(B) If the licensee requests an informal settlement conference and/or a formal hearing, within 20 calendar days after receiving the notice of opportunity for hearing, the executive director shall initiate an informal settlement conference and/or formal hearing procedures in accordance with this section.(l) Final action.(1) If the council suspends a license, the suspension remains in effect for the period of suspension ordered or until the council determines that the reasons for suspension no longer exist. The licensee whose license has been suspended is responsible for securing and providing to the executive director such evidence that the reasons for the suspension no longer exist. The council shall review and investigate the evidence prior to making a determination.(2) During the time of suspension, the former licensee shall return all license certificate(s) and renewal card(s) to the council.(3) If a suspension overlaps a renewal period, the former licensee shall comply with the normal renewal procedures in these sections. The council shall not renew the certificate until the executive director or the council determines that the reasons for suspension have been removed.(4) A person whose application is denied or whose license certificate is revoked is ineligible to apply for licensure under this Act for 1 year from the date of the denial or revocation.(5) Upon revocation or non-renewal, the former licensee shall return all certificate(s) and renewal card(s) issued to the licensee by the council. The certificate(s) and renewal card(s) shall be returned to the council by certified mail, hand-delivered, or by a delivery service, within 30 days of request.(m) Appeal of the decision. A person may appeal a final decision of the council by filing a petition for judicial review in the manner provided by the Texas Government Code, §2001.176.", "sourceNote": "Source Note: The provisions of this §810.9 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197370&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197370", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "A", "label": "LICENSED SEX OFFENDER TREATMENT PROVIDERS" }, "rule": { "number": "§810.10", "label": "Recognition of Out-of-State License of Military Spouse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173502", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purposes of this section only, the definitions found in Texas Occupations Code, Chapter 55 are hereby adopted by reference.(b) Notwithstanding any other rule, a military spouse may practice as a sex offender treatment provider as if licensed in the State of Texas without obtaining the applicable license in Texas, if the military spouse:(1) is currently licensed in good standing by another jurisdiction that has licensing requirements substantially similar to the requirements of a license in this state;(2) notifies the council of the military spouse's intent to practice in Texas; and(3) receives from the council a verification letter that states:(A) the council has verified the military spouse's license in the other jurisdiction; and(B) the military spouse is authorized to engage as a sex offender treatment provider in accordance with Texas Occupations Code, §55.0041.(c) To request a verification letter, the following must be submitted to the council:(1) a request for recognition to practice as a sex offender treatment provider on a form prescribed by the council;(2) verification from the licensing jurisdiction the military spouse is currently licensed in good standing;(3) a copy of the military spouse's military identification card;(4) proof of military spouse's residency in this state; and(5) proof the military service member to whom the military spouse is married is stationed at a military installation in Texas.(d) Upon receipt and verification of the information required by subsection (c) of this section and documentation showing the other jurisdiction's license requirements are substantially equivalent to those for a Texas license, the council shall issue a verification letter:(1) verifying the other jurisdiction's license as the equivalent of a license issued by the council; and(2) authorizing the military spouse to practice in Texas in accordance with Texas Occupations Code, §55.0041.(e) The authorization of the military spouse to practice in Texas ends on the earliest date one of the following conditions occurs:(1) three years from date of issuance of the council's verification letter;(2) expiration, suspension, or revocation by another jurisdiction of the military spouse's license;(3) the date the military service member to whom the military spouse is married is no longer stationed at a military installation in Texas; or(4) the date of a final divorce decree concerning the military spouse and military service member.(f) The verification letter may not be renewed.(g) The military spouse shall comply with all applicable laws, rules, and standards of this State, including applicable Texas Health and Safety Code Chapters, Texas Occupation Code Chapters, and all relevant Texas Administrative Code provisions.(h) The council may rescind the verification letter at its discretion, including the military spouse failing to comply with subsection (g) of this section.", "sourceNote": "Source Note: The provisions of this §810.10 adopted to be effective December 11, 2019, 44 TexReg 7713." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173502&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173502", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "B", "label": "CRIMINAL BACKGROUND CHECK" }, "rule": { "number": "§810.31", "label": "Access to Criminal History Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173503", "queryAsDate": "03/11/2026" }, "ruleBody": "The council is authorized to obtain information from the Texas Department of Public Safety or the Federal Bureau of Investigation about a conviction or deferred adjudication that relates to an applicant seeking licensure. The council is authorized to obtain a criminal history record from any law enforcement agency. The criminal history record information received under this section is for the exclusive use of the council and is privileged and confidential. The criminal history record information shall not be released or otherwise disclosed to any person or agency except on court order or with the written consent of the applicant.", "sourceNote": "Source Note: The provisions of this §810.31 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173503&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173503", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "B", "label": "CRIMINAL BACKGROUND CHECK" }, "rule": { "number": "§810.32", "label": "Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173504", "queryAsDate": "03/11/2026" }, "ruleBody": "All other records of the council that are not made confidential by other law are open to inspection by the public during regular office hours. The content of the criminal background checks on each licensee are not public records and are confidential. Unless expressed in writing by the chairperson of the council, the executive director and the executive director's designee are the only staff authorized to have daily access to the criminal history records. These records shall be maintained in separate files and not in the licensee files.", "sourceNote": "Source Note: The provisions of this §810.32 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173504", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "B", "label": "CRIMINAL BACKGROUND CHECK" }, "rule": { "number": "§810.33", "label": "Destruction of Criminal History Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173505", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with approved records retention schedules, the council shall destroy conviction/adjudication information relating to a person after the council makes a decision on the eligibility of the applicant unless the information was the basis for a proposed denial, revocation, suspension, or refusal to renew a person's license. The council shall destroy the information provided by the Texas Department of Public Safety, the Federal Bureau of Investigation or any other law enforcement agency. In the event that information is collected online, all files created will be destroyed in the aforementioned timeframe.", "sourceNote": "Source Note: The provisions of this §810.33 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173505", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "B", "label": "CRIMINAL BACKGROUND CHECK" }, "rule": { "number": "§810.34", "label": "Frequency of Criminal Background Check" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173555", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The council shall conduct a criminal background check on each new applicant, randomly at the time of renewal, and as deemed necessary.(b) State or Federal Governmental Employees Criminal History. Any employee of a state or federal governmental agency that conducts annual national and Texas criminal history checks on its employees may substitute a certification from that employer for any requirement for a criminal background check. The governmental entity shall provide a certification if the employee's criminal history changes. Fees for criminal history records may be waived if the applicant is unable to produce an employer certification.", "sourceNote": "Source Note: The provisions of this §810.34 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173555", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "C", "label": "STANDARDS OF PRACTICE" }, "rule": { "number": "§810.61", "label": "Introduction to the State Standards of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173556", "queryAsDate": "03/11/2026" }, "ruleBody": "These state standards were developed by the council to delineate appropriate assessment and treatment procedures and policies in Texas. These standards address the professional licensing expectations for the assessment and treatment of adult sex offenders and juveniles who commit sexual offenses.", "sourceNote": "Source Note: The provisions of this §810.61 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173556", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "C", "label": "STANDARDS OF PRACTICE" }, "rule": { "number": "§810.62", "label": "State Standards of Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Interventions shall be designed to assist the individual to effectively manage thoughts, feelings, attitudes, and behaviors associated with their risk to reoffend. Structured, cognitive behavioral skills-oriented treatment programs shall target specific criminogenic needs to reduce re-offense rates. Interventions utilized in the assessment and treatment of sex offenders and juveniles who commit sexual offenses shall be empirically supported and generally accepted by professionals in this field.(b) Licensees shall utilize the following principles when providing sex offender assessment and treatment:(1) be committed to community protection and safety and licensees shall be aware of any professional and legal obligations regarding a duty to protect or warn;(2) not make statements that a client is not a risk to reoffend sexually;(3) act in the best interests of society, the victim, and the client;(4) utilize empirically supported models for treating sex offenders and juveniles who commit sexual offenses; and(5) hold voluntary or mandated clients to the same standards of practice and compliance.", "sourceNote": "Source Note: The provisions of this §810.62 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173557", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "C", "label": "STANDARDS OF PRACTICE" }, "rule": { "number": "§810.63", "label": "General Assessment Standards for Adult Sex Offenders and Juveniles Who Commit Sexual Offenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173558", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The comprehensive assessment shall focus on the strengths, risks, and needs of the client, and identifying factors from social and sexual history, which may contribute to sexual deviance. Assessments shall provide the basis for the development of comprehensive treatment plans and shall provide recommendations regarding the intensity of intervention, specific treatment protocol needed, amenability to treatment, as well as the identified risk the adult sex offender and/or the juvenile who commit sexual offenses presents to the community.(b) Licensees shall refrain from assessment protocols outside the scope and recognized boundaries of the licensee's competencies.(c) Licensees may provide treatment to a client for whom they have conducted an assessment.(d) In preparing assessments of adult sex offenders and juveniles who commit sexual offenses, licensees shall:(1) be culturally sensitive, fair and impartial, providing objective and accurate data;(2) respond only to referral questions that fall within the licensee's expertise and present level of knowledge;(3) be respectful of the client's right to be informed of the reasons for the assessment, the interpretation of data, the basis for recommendations, and conclusions;(4) have knowledge of the client's legal status;(5) understand the limitations of a client's self-report and make all possible efforts to verify the information provided by the client;(6) use assessment procedures and techniques sufficient to respond to the presenting issues, including risk for future sexual offending, and provide appropriate substantiation for the resulting conclusions and recommendations;(7) administer, score, interpret and/or utilize assessment techniques, tests or instruments in a manner and for purposes for which there are professional or scientific bases;(8) administer, score, interpret and/or utilize assessment techniques, tests or instruments in a manner and for purposes for which the assessment technique has been standardized;(9) acknowledge if an assessment consisted of only a clinical review without client contact and shall clarify the impact that limited information has on the reliability and validity of the resulting report;(10) provide clients in writing informed consent, statement of disclosures, releases and/or exceptions to confidentiality, and employ verbal explanations for clients who do not meet the reading or comprehension level required;(11) thoroughly review written documentation and collateral interviews. The information from all available and relevant sources, may include but is not limited to:(A) criminal investigation records;(B) child protective services investigations;(C) previous assessments and treatment progress reports;(D) mental health records and assessments;(E) medical records;(F) Texas Department of Criminal Justice and Texas Juvenile Justice Department records;(G) probation records;(H) information regarding details of the offense as obtained by law enforcement; and(I) the official victim statement(s); and(12) ensure written assessments document and acknowledge the procedures employed, summaries, conclusions, recommendations, and all collateral reports and interviews.(e) Licensees shall subscribe and adhere to the following tenets regarding the client assessment.(1) If a client does not meet the reading or comprehension level required by an assessment instrument, arrangements for using a standardized approved auditory (taped or read) version of the test instrument shall be made to the extent such versions are available.(2) The clinical interview shall incorporate sufficient discussion necessary to augment, clarify, and explore the information obtained from the review of collateral materials and contacts and other components of the assessment (for example: testing results).(3) Licensees shall make every effort to obtain the official offense report to compare the degree of similarity or disparity between the client and the victim's statements.(4) Assessment of treatment needs shall identify strengths and weaknesses in the individual's psycho-sexual functioning for the purpose of directing treatment efforts to the appropriate areas.(5) Recommendations for treatment should be based on the presence of factors known to be related to sexual offense risk and/or the absence of skills known to impact the reduction and/or management of risk factors related to sexual offense risk.(6) When formulating recommendations, community safety and the degree to which a client is capable and willing to manage risk shall be considered.(7) Licensees shall make an effort to recommend the most appropriate treatment program available and objectively state the level of risk management regardless of whether existing limited resources preclude adequate or appropriate services.", "sourceNote": "Source Note: The provisions of this §810.63 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173558", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "C", "label": "STANDARDS OF PRACTICE" }, "rule": { "number": "§810.64", "label": "Assessment and Treatment Standards for Adult Sex Offenders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173559", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Comprehensive assessments shall provide recommendations regarding the intensity of intervention, specific treatment protocol needed, amenability to treatment, and the identified community risk.(b) A comprehensive assessment as cited in subsections (a) and (b) of this section shall be completed within 60 days of a client's being accepted into treatment program. The assessment of adult sex offenders shall include:(1) mental status examination;(2) clinical interview and social/developmental history;(3) personality assessment;(4) risk for re-offense assessment;(5) sexual offense behaviors; and(6) recommendations for case management, treatment planning, and further assessments.(c) Treatment Standards for Adult Sex Offenders. Licensees shall adhere to the following standards when providing treatment to an adult sex offender:(1) cognitive-behavioral or other empirically supported approaches shall be utilized in sex offender treatment groups;(2) treatment groups shall not be less than 60 minutes in length with no more than 12 clients per group;(3) individual therapy, self-help groups, drug intervention, or other therapies to address and treat individual risk factors and problems specific to the individual shall be used as adjuncts to sexual offense specific group treatment;(4) a written individualized treatment plan shall identify the issues, intervention strategies, and goals of treatment and shall be prepared for each client;(5) progress, or lack of progress needs to be based on clearly specified objective criteria, refusal or failure to attend or participate in treatment, failing to abide by the client's treatment plans and/or contracts, or any disclosures regarding violations of supervision, shall be clearly documented in treatment records. Licensees shall provide and communicate this information to the appropriate supervising officer in the justice system according to the referring agency policy or pursuant to the court order;(6) progress in treatment shall be based on specific, measurable objectives, observable changes, and the demonstrated ability to apply changes in relevant situations and comply with supervision requirements. These changes shall be demonstrated by an increased understanding by the client of his/her own deviant behavior, understanding of current and sexual offense sequence, increase in pro-social behaviors, compliance with supervision, increase in support systems, and victim empathy;(7) treatment progress reports shall be distributed to the supervision officer, referring agency, and/or court on a regular basis or as needed by the referring agency. Discharge reports shall be issued according to the referring agency policy or pursuant to the court order;(8) when a client has attained the goals outlined in the individualized treatment plan, there should be a gradual and commensurate adjustment of interventions;(9) a licensee may refuse to treat a client because essential ancillary resources do not exist to provide the necessary levels of intervention or safeguards;(10) the licensee shall modify a client's treatment plan or refer the client to a more comprehensive treatment program when the licensee determines that a client is not making the necessary progress in treatment in order to reduce the client's risk to the community. The licensee shall notify the referring agency and/or the court if the client's lack of progress places the community at risk;(11) a licensee may decide to decline further involvement with a client who refuses to address any critical aspect of treatment;(12) a licensee may terminate services and facilitate a transfer of a client from treatment based on a complaint or lawsuit having been filed against the licensee by the client and/or the client's representative(s);(13) a licensee shall immediately notify the appropriate authority when a client refuses or fails to comply with court-ordered treatment or Texas Board of Pardons and Paroles ordered treatment;(14) some degree of denial shall not preclude a client from entering treatment, although the degree of denial shall be a factor in identifying the most appropriate form and location of treatment;(15) modifications in treatment and in expectations for treatment outcomes may be required in instances of persistent denial or failure to progress in treatment;(16) a licensee shall not rely exclusively on self report by the client to assess progress or compliance with treatment requirements and/or conditions of probation or parole. Licensees shall rely on multiple sources of information, which should include information from collateral contacts, physiological methods, and other research-based sexual interest assessments;(17) physiological methods or measures of sexual interest assessment shall not replace other forms of monitoring but may improve accuracy when combined with active surveillance, collateral verifications, and self-report. Penile plethysmograph (PPG) assessments in Texas shall be conducted under the direction of a licensed practitioner defined in Health and Safety Code, Chapter 1, §1.005. Licensees should refer the client for a polygraph exam as soon as possible if the client is suspected of engaging in suppression behaviors on the PPG;(18) polygraph examinations shall be used as a part of a comprehensive treatment program and shall only be administered by licensed polygraph examiners that meet and adhere to the \"Recommended Guidelines for the Clinical Polygraph Examinations of Sex Offenders\" as developed by the Joint Polygraph Committee on Offender Testing (JPCOT) and/or the American Polygraph Association (APA) regarding Post-Conviction Sex Offender Testing (PCSOT) Standards. It is primarily the licensed sex offender treatment provider's responsibility for preparing the client for any polygraph. Sexual history polygraphs shall include all aspects of a client's sexual behaviors and a victim's list that occurred prior to the offense of conviction. Licensed sex offender treatment providers shall obtain the official offense report (Occupations Code, Chapter 109, §109.054) and shall ensure the polygraph examiner has the official offense report in order to administer the instant offense polygraph examination. The sex offender treatment provider shall recognize that the polygraph examiner is the authority in determining if a polygraph is appropriate;(19) informed consent shall be obtained prior to engaging clients in aversive conditioning;(20) licensees shall communicate and exchange information with the Department of Family Protective Services-Child Protective Services, Child Care Licensing, and with appropriate agencies regarding the safety of a child or children in the primary residence in which a sex offender resides;(21) the safety of the children takes precedence and the highest priority shall be given to the rights, well-being, and safety of children when making decisions about contact between the client and children. If the client has a history of deviant sexual arousal and/or deviant sexual interest to or reported fantasies of sexual contact with children, even if the client has not been convicted of a sexual offense, the client should be restricted from having access to children. Supervised visits may be considered if:(A) it is determined that sufficient safeguards exist to protect the child(ren);(B) the sex offender has demonstrated control over deviant arousal;(C) it does not impede the sex offender's progress in treatment; and(D) if it is compliant with the court mandated or Texas Board of Pardons and Paroles ordered conditions.(22) treatment referrals should be offered to the non-offending partners and children in cases where a parent or legal guardian has been removed;(23) family support and participation in the treatment of the adult sex offender should be included when applicable and appropriate. Sexual assault victims or vulnerable children shall be excluded until such time as joint therapy is determined to be appropriate;(24) the licensee shall make every effort to collaborate with the victim's therapist in making decisions regarding communication, visits and reunification. Contact shall be arranged in a manner that places child/victim safety first. The licensee shall ensure that custodial parents or legal guardians of the children have been consulted prior to authorizing contact and that the contact is in accordance with Court or Texas Board of Pardons and Paroles directives; and(25) if reunification is deemed appropriate by the victim's therapist, the process shall be closely supervised. There shall be provisions for monitoring behavior and reporting rule violations. A victim's comfort and safety shall be assessed on a continuing basis.(d) Adult Laws. Licensees shall be familiar with and adhere to the criminal justice system and confidentiality laws concerning adult sex offender and victims of sexual assault. The legal citations include but are not limited to:(1) Occupations Code, Chapter 110;(2) Health Insurance Portability and Accountability Act, Title 45, Code of Federal Regulations (CFR), Parts 160 and 164;(3) Code of Criminal Procedure, Chapter 62, Sex Offender Registration;(4) Code of Criminal Procedure, Article 42.12;(5) Occupations Code, Chapter 109 (Specifically §109.051 and §109.052);(6) Code of Criminal Procedure, Chapter 56; and(7) Federal Justice for All Act of 2004.", "sourceNote": "Source Note: The provisions of this §810.64 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173559", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "C", "label": "STANDARDS OF PRACTICE" }, "rule": { "number": "§810.65", "label": "Assessment and Treatment Standards for Juveniles Who Commit Sexual Offenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173560", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees shall subscribe and adhere to the following tenets regarding juveniles with sexual behavior problems:(1) licensees shall recognize that some children before age 10 begin displaying sexually inappropriate behavior with others and children may duplicate sexual behavior they have witnessed on the part of other children, older siblings, and/or adults;(2) licensees shall recognize that juveniles are distinct from their adult counterparts;(3) licensees shall recognize that sexual arousal patterns of juveniles appear more fluid and less firmly established than those of adult sex offenders and relate less directly to their patterns of offending behavior;(4) licensees shall recognize that juveniles who display sexually abusive behavior are heterogeneous; juveniles are children first with developmental needs, but also have special needs and present special risks related to their abusive behaviors; and(5) licensees shall recognize a holistic approach when treating juveniles with sexual problems.(b) Assessment Standards for Juveniles Who Commit Sexual Offenses.(1) Licensees shall adhere to §810.63 of this title (relating to General Assessment Standards for Adult Sex Offenders and Juveniles Who Commit Sexual Offenses).(2) Comprehensive assessments shall provide a comprehensive treatment plan and recommendations regarding the intensity of intervention, specific treatment protocol needed, amenability to treatment, and the identified community risk.(3) A comprehensive assessment shall be completed within 60 days of a client's being accepted into a treatment program. The assessment shall include:(A) mental status examination;(B) clinical interview and social/developmental history;(C) personality assessment;(D) risk for re-offense assessment;(E) recommendations for case management, treatment planning, and further assessments.(4) If phallometric assessment or aversive treatment techniques are utilized with persons 17 years of age or younger, informed consent for such assessment and treatment shall be obtained from the juvenile who commits sexual offenses and written consent for such assessment and treatment shall be obtained from the juvenile's parents or legal guardians. The procedures shall be reviewed and approved by multi-disciplinary professionals or institutional advisory group. Stimuli shall be specific for use with adolescents.(5) A signed informed consent of disclosure of information shall be obtained from the parent(s) or legal guardian(s) in order to exchange information. Assent from the individual being evaluated shall be obtained whenever possible.(c) Collateral Information. The treatment provider shall make a reasonable effort to obtain relevant collateral information.(d) Polygraphs. The licensed sex offender treatment provider is primarily responsible for preparing the juvenile for any polygraph.(e) Assessment Recommendations. The following issues shall be addressed when formulating recommendations:(1) the strengths, risks, needs, and the degree to which a juvenile is capable and willing to manage risk; and(2) co-morbidity, placement, education/vocational needs, parent or guardian and family issues, substance abuse issues, and supervision.(f) Treatment Standards for Juveniles Who Commit Sexual Offenses.(1) Treatment shall incorporate both cognitive/behavioral and reoffense prevention plans to reduce recidivism. A multifaceted program shall be age and developmentally appropriate and shall include but is not limited to the following:(A) group cognitive behavioral treatment;(B) individual therapy, family therapy, drug intervention, or other therapies to address and treat individual risk factors and problems specific to the juvenile;(C) chaperon training for parents/guardians;(D) family reintegration therapy; and(E) polygraphs (Family Code, §54.0405 Juvenile Probation).(2) the treatment program for juveniles shall include a comprehensive individualized assessment as cited in subsection (b)(1) - (5) of this section, progressive levels of treatment, reoffense prevention plans, and for youth in residential treatment, transition into the community, and aftercare;(3) treating juveniles shall be part of a multidisciplinary collaborative approach that includes but is not limited to the juvenile, the juvenile's family/guardians, treatment provider, juvenile probation officer, custodian, school officials, law enforcement, juvenile detention officers, institutional staff, mental health case workers, polygraph examiners, child protective services, victim advocates, and the victim's therapist;(4) licensees shall focus on the juvenile's existing strengths and positive support system to promote pro-social behaviors and facilitate change;(5) licensees shall utilize developmentally appropriate treatment strategies for juveniles with intellectual and cognitive impairments;(6) the primary goals of treatment shall be to assist juveniles in gaining control over their sexual behavior problems, enhancing the juveniles overall functioning, increasing their pro-social interactions, preventing further victimization, halting development of additional psychosexual problems, and developing age-appropriate relationships;(7) if treatment groups are utilized for non-developmentally delayed juveniles with sexual behavior problems, groups shall not be less than 60 minutes in length with no more than 12 clients per group;(8) a written initial individualized treatment plan shall identify the issues, intervention strategies, and goals of treatment and shall be prepared for each client within 60 days of beginning treatment. Treatment plans should be updated every 6 months;(9) progress, or lack of progress needs to be based on clearly specified objective criteria, refusal or failure to attend or participate in treatment, failing to abide by the client's treatment plans and/or contracts, or any disclosures regarding violations of supervision shall be clearly documented in treatment records. This information shall be provided and communicated to the appropriate supervising officer in the justice system according to the referring agency's policy or pursuant to the court order;(10) monthly treatment progress reports shall be distributed to the supervision officer, referring agency, and/or the court. Discharge reports shall be issued according to the referring agency policy or pursuant to the court order;(11) when a juvenile has attained the goals outlined in the juvenile's individualized treatment plan, there should be a gradual and commensurate adjustment of interventions;(12) some degree of denial shall not preclude a client from entering treatment, although the degree of denial shall be a factor in identifying the most appropriate form and location of treatment;(13) modifications in treatment and in expectations for treatment outcomes may be required in instances of persistent denial;(14) clients who remain in significant denial and/or are extremely resistant to treatment after the finite period of extension determined by the treatment provider and supervision team should be reassessed for appropriate placement in alternative treatment and/or interventions;(15) licensees shall communicate and exchange information with the Department of Family Protective Services-Child Protective Services, Child Care Licensing, and with appropriate agencies regarding the safety of a child or children in the primary residence in which a juvenile resides;(16) the safety of children/victims takes precedence and the highest priority shall be given to the rights, well-being, and safety of children when making decisions about contact between the juvenile and children. If the juvenile has a history of sexual arousal to reported fantasies of sexual contact with children of a particular age/gender group, supervised visits may be considered if:(A) it is compliant with the court mandated conditions;(B) it is determined that sufficient safeguards exist including but not limited to safety plans approved by the treatment provider and supervision officer;(C) the juvenile has demonstrated control over sexual impulses and destructive behaviors;(D) it does not impede the juvenile's progress in treatment;(E) the parent(s), guardian(s), or custodian(s) have demonstrated the ability and willingness to supervise the juvenile effectively and ensure the safety of other children in the home; and(F) the victim's therapist or Guardian Ad Litem (if applicable) are involved in the decision making process.(17) the licensee shall make every effort to collaborate with the victim's therapist in making decisions regarding communication, visits and reunification. Contact shall be arranged in a manner that ensures the child/victim safety first; and(18) if reunification is deemed appropriate by the victim's therapist, the process shall be closely supervised. There shall be provisions for monitoring behavior and reporting rule violations. A victim's comfort and safety shall be assessed on a continuing basis.(g) Juvenile Laws. Licensees shall be familiar with and adhere to the juvenile justice system and confidentiality laws concerning juveniles who commit sexual offenses and the victims of sexual assault. The legal citations include but are not limited to:(1) Occupations Code, Chapter 110;(2) Health Insurance Portability and Accountability Act, Title 45, Code of Federal Regulations (CFR), Parts 160 and 164;(3) Texas Family Code, Title 3, Chapter 51 et seq;(4) Texas Family Code, §153.076, Duty to Provide Information;(5) Code of Criminal Procedure, Chapter 62, Sex Offender Registration;(6) Occupations Code, Chapter 109 (Specifically §109.051 and §109.052);(7) Code of Criminal Procedure, Chapter 56; and(8) Federal Justice for All Act of 2004.", "sourceNote": "Source Note: The provisions of this §810.65 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173560", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "C", "label": "STANDARDS OF PRACTICE" }, "rule": { "number": "§810.66", "label": "Standards for Adult Female Sex Offenders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173561", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees shall subscribe and adhere to the following tenets regarding female sex offenders:(1) The treatment of female sex offenders shall balance treatment issues with offender accountability to the victims and the community at large.(2) Licensees shall recognize the female sex offenders may experience deviant sexual arousal that can lead to sexual abuse and that female sex offenders may experience sexual pleasure from the offending behavior.(3) Female sex offenders shall be assessed for deviant sexual interest and arousal using appropriate measures.(4) Licensees shall communicate and exchange information with the Department of Family Protective Services-Child Protective Services, Child Care Licensing, and with appropriate agencies regarding the safety of a child or children in the primary residence in which a sex offender resides.(5) Treatment of female sex offenders shall be responsive to any abuse history as with males and responsive to gender issues.(6) In assessing and treating female sex offenders, licensees shall refer to the appropriate rules in §§810.62, 810.63, and 810.64 of this title (relating to Standards of Practice).", "sourceNote": "Source Note: The provisions of this §810.66 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173561", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "C", "label": "STANDARDS OF PRACTICE" }, "rule": { "number": "§810.67", "label": "Assessment and Treatment Standards for Developmentally Delayed Clients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173513", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) These standards delineate research-based practices for developmentally delayed clients. Licensees shall subscribe and adhere to the following tenets for developmentally delayed clients:(1) the assessment and treatment of developmentally delayed clients shall be conducted in the context of the family and support system;(2) managing the risk, behavioral interventions, and the imposition of appropriate external controls shall be a priority for clients with disabilities;(3) licensees should guard against justifying sexually deviant behavior by indicating that the developmental disability for any client has any relation to his or her victim typology; and(4) developmentally delayed clients shall be given the opportunity to exercise their right to make a voluntary and informed decision to participate in treatment. While clients may refuse to participate in or attend treatment, the client shall be informed of the consequences of such a decision. A client shall be fully informed of the nature of the treatment, the benefits, and the available options. Written consent to proceed with treatment shall be obtained by an interdisciplinary review and the parent or legal guardian.(b) Assessment Standards for the Developmentally Delayed Client.(1) licensees shall adhere to the provisions of §810.63 of this title (relating to General Assessment Standards for Adult Sex Offenders and Juveniles Who Commit Sexual Offenses);(2) a comprehensive assessment as cited in this section shall be completed within 60 days of a client's being accepted into treatment program;(3) the assessment shall be developmentally and age appropriate;(4) the assessment shall be sensitive to any cultural, language, ethnic, developmental, sexual orientation, gender, medical, and/or educational issues;(5) The assessment shall determine the client's level of functioning, appropriate treatment interventions, and facilitate the development of an individualized treatment plan. Assessments shall be individualized and efforts shall be made to acquire the following information:(A) current level of functioning:(i) intellectual, neurological, cognitive, and behavior functioning;(ii) level of planning the crime of conviction;(iii) expressive and receptive language;(iv) social judgment, adaptive skills, and moral reasoning;(v) sex education and sexual history;(vi) adaptive behavior;(vii) criminal history;(viii) attention deficit;(ix) ability to function in groups;(x) support systems (Department of Aging and Disabilities and/or Department of State Health Services-Behavioral and Community Mental Health agency involvement, family involvement, social involvement);(xi) environmental or contextual factors that contribute to or maintain the behavior; and(xii) history of physical, emotional and/or sexual victimization.(B) official documents concerning the instant sexual offense report/offense description:(i) age and relation to the victim(s);(ii) details of the offense;(iii) past criminal behavior and/or sexually inappropriate behavior;(iv) sexual history and deviant sexual interest; and(v) the extent of denial and cognitive distortions.(C) pertinent history:(i) developmental history;(ii) family, marital, relationship, and personal background;(iii) past criminal behavior and/or sexually inappropriate behavior;(iv) sexual history and deviant sexual interest; and(v) the extent of denial and cognitive distortions.(D) medical, psychological and/or psychiatric/hospitalization history;(i) educational history;(ii) occupational history;(iii) substance use or abuse;(iv) self-destructive behaviors, self-mutilation, and suicide attempts; and(v) history of truancy, fire-setting, abuse of animals, and running away.(6) If a plethysmograph is conducted with this population, caution shall be used regarding interpretation and validity.(7) If visual reaction time measures are utilized, the measures shall only be used with clients who have an IQ score sufficiently high to achieve valid and reliable test results.(8) If polygraphs are utilized, prior to administering polygraph examinations a licensed sex offender treatment provider shall collaborate with the polygraph examiner and the supervision officer to assess the client's ability to understand the concepts of truthfulness, deception, or lying and the capacity to anticipate negative consequences based on deceptive responses. Licensed sex offender treatment providers shall:(A) recognize that it is primarily the licensed sex offender treatment provider's responsibility to prepare the client for any polygraph;(B) obtain the official offense report prior to administering the instant offense polygraph (Occupations Code, Chapter 109, §109.054);(C) include all aspects of a client's sexual behaviors and a victim's list for sexual history polygraphs;(D) ensure that the polygraph is administered on a voluntary basis and with informed consent unless court ordered; and(E) recognize that the polygraph examiner is the authority in determining if a polygraph examination is appropriate.(c) Treatment Standards for the Developmentally Delayed Client.(1) treatment shall be developmentally and age appropriate;(2) treatment components for developmentally delayed clients should be based on those used in treating non-developmentally delayed clients but tailored to address the learning limitations and special issues confronting these clients;(3) treatment programs shall address the barriers encountered by the client;(4) cognitive behavioral therapeutic approaches shall be paired with the cognitive strengths and weaknesses of the client;(5) treatment should include concrete skill building related to social interaction, social skills, sexual behavior, and sex education;(6) clients with disabilities shall be offered treatment that is appropriate to their developmental capacity, their level of comprehension, and the ability to integrate treatment components;(7) progress in treatment and ability shall be determined by the client integration of the components of treatment;(8) group treatment shall be based on the client's level of functioning in a group setting;(9) licensees shall use more individually oriented behavioral interventions coupled with empirically supported approaches for clients whose level of functioning is determined to be inappropriate for group treatment;(10) licensees should be provided a reasonable alternative toward identifying risk situations or behaviors and appropriate interventions for clients unable to conceptualize the components of treatment;(11) if treatment groups are utilized for developmentally delayed clients, groups shall not be less than 60 minutes in length with no more than 8 clients per group;(12) treating developmentally delayed clients shall be based on a multidisciplinary approach and empirically supported approaches that includes, but is not limited to, the client, treatment provider, supervision officer, and if applicable the following: the family, guardian, custodian, school officials, law enforcement, child protective services, and the victim's therapist;(13) a written initial individualized treatment plan shall identify the issues, intervention strategies, and goals of treatment and shall be prepared for each client within 60 days of beginning treatment. Treatment plans should be updated at least annually;(14) progress, or lack of progress needs to be based on clearly specified objective criteria, refusal or failure to attend or participate in treatment, failing to abide by the client's treatment plans and/or contracts, or any disclosures regarding violations of supervision shall be clearly documented in treatment records. This information shall be provided and communicated to the appropriate supervising officer in the justice system according to the referring agency policy or pursuant to the court order;(15) monthly treatment progress reports shall be distributed to the supervision officer, referring agency, and/or court. Discharge reports shall be issued according to the referring agency policy or pursuant to the court order;(16) when a client has attained the goals outlined in the individualized treatment plan, there should be a gradual and commensurate adjustment of interventions;(17) some degree of denial shall not preclude a client from entering treatment, although the degree of denial shall be a factor in identifying the most appropriate form and location of treatment;(18) clients who remain in significant denial and/or are extremely resistant to treatment after a period of time determined by the treatment provider and supervision team should be reassessed for appropriate placement in alterative treatment and/or interventions;(19) modifications in treatment and in expectations for treatment outcomes may be required in instances of persistent denial;(20) when treating developmentally delayed clients who have committed a sexual offense, a licensee shall recognize their vulnerabilities and their risk of victimization by non-delayed clients;(21) licensees shall communicate and exchange information with the Department of Family Protective Services-Child Protective Services, Child Care Licensing, and with appropriate agencies regarding the safety of a child or children in the primary residence in which a sex offender resides;(22) the safety of the children takes precedence and the highest priority shall be given to the rights, well-being, and safety of children when making decisions about contact between the client and children. If the client has a history of deviant sexual arousal and/or deviant sexual interest to or reported fantasies of sexual contact with children, client should be restricted from having access to children. Supervised visits may be considered if:(A) it is determined that sufficient safeguards exist to protect the child(ren);(B) the sex offender has demonstrated control over deviant arousal;(C) it does not impede the sex offender's progress in treatment; and(D) if it is compliant with the court mandated or Texas Board of Pardons and Paroles ordered conditions.(23) the licensee shall make every effort to collaborate with the victim's therapist in making decisions regarding communication, visits and reunification. Contact shall be arranged in a manner that ensures the child/victim safety first;(24) if reunification is deemed appropriate by the victim's therapist, the process shall be closely supervised. There shall be provisions for monitoring behavior and reporting rule violations. A victim's comfort and safety shall be assessed on a continuing basis; and(25) licensees shall be familiar with and adhere to §810.64(d) of this title (relating to Assessment and Treatment Standards for Adult Sex Offenders) and §810.65(g) of this title (relating to Assessment and Treatment Standards for Juveniles Who Commit Sexual Offenses).", "sourceNote": "Source Note: The provisions of this §810.67 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173513&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173513", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "D", "label": "CODE OF PROFESSIONAL ETHICS" }, "rule": { "number": "§810.91", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173514", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees shall constitute a professional discipline committed to establishing and maintaining the highest level of professional standards related to the assessment and treatment of adult sex offenders and juveniles with sexual behavior problems. In order to maintain the highest ethical standard of service and consumer protection, licensees shall be committed to the following principles designed to ensure the maximum level of public confidence.", "sourceNote": "Source Note: The provisions of this §810.91 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173514&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173514", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "D", "label": "CODE OF PROFESSIONAL ETHICS" }, "rule": { "number": "§810.92", "label": "Code of Ethics" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173515", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Professional Conduct. Licensees shall:(1) not discriminate against clients or withhold professional services from anyone, regardless of age, race, national origin, religion, sex, disability, political affiliation, social or economic status, sexual orientation, or proscribed by law. A licensee shall not allow personal feelings related to a client's alleged or actual crimes or behavior to interfere with professional judgment and objectivity;(2) make an appropriate referral when a licensee cannot offer services to a client. Each licensee shall facilitate follow-up services for clients who transition from one program or one jurisdiction to another which includes a written summary of the assessment of risk, offending pattern, level of participation, relevant problems and treatment needs, client strengths and needs, support group, and recommendations;(3) perform their professional duties with the highest level of integrity and appropriate confidentiality within the scope of their statutory responsibilities;(4) not hesitate to seek assistance from other professional disciplines when circumstances dictate;(5) report unethical, incompetent, or dishonorable practices to the council;(6) refrain from using his or her professional relationship, to further personal, religious, political, or economic interests, other than customary professional fees;(7) have an obligation to engage in continuing education and professional growth;(8) refrain from diagnosing, treating, or making recommendations outside the scope of the licensee's competence;(9) be knowledgeable of legal statutes and scientific data relevant to the assessment and treatment of clients; and(10) display or provide in writing the address and telephone number of the council in all sites where sex offender treatment services are provided for the purpose of directing complaints to the council.(b) Client Relationships. Licensees shall:(1) treat all clients with dignity and respect and shall not exaggerate the efficacy of treatment services that cannot be supported by empirical literature;(2) recognize the importance pertaining to financial matters with clientele. Arrangements for payments should be settled at the beginning of an assessment or a therapeutic relationship;(3) not engage in dual relationships with clients or former clients. Examples of dual relationships include, but are not limited to, the following: treatment of family members, close friends, employees, supervisors, supervisees, personal contacts outside the scope of treatment, contracting or subcontracting for work, and relationships outside of treatment such as business or social;(4) not engage in sexual harassment and/or a sexual or intimate relationship with any client who is receiving or has received professional services, regardless of whether payment for the services was involved. Licensees shall not engage in sexual intimacy with a client's or former client's family members;(5) if services must be withdrawn, give consideration to all factors in the situation in order to minimize possible effects on the client;(6) notify the appropriate supervising agency or court if the licensee anticipates the termination or disruption of services to a client and provide for transfer, referral, or continuation of service in keeping with the client's needs, preferences, and supervision requirements;(7) terminate a professional counseling relationship when it is reasonably clear that the client is not benefiting from treatment unless the agency is mandated to render services. When treatment is still indicated, the licensee shall take reasonable steps to facilitate the transfer to an appropriate referral source. All clients on supervision shall be referred back to the criminal justice department or to the juvenile justice system;(8) serve clients of a colleague during a temporary absence or emergency with the same consideration of that afforded any client;(9) not engage in any action in their professional role which violates or diminishes the legal and civil rights of clients or victims who may be affected by their actions;(10) not give or accept a gift from a client or a relative of a client, enter into a barter for services, or borrow or lend money or items of value to clients or relatives of clients or accept payment in the form of services rendered by a client; and(11) not knowingly offer or provide counseling, treatment, or other professional interventions to an individual concurrently receiving sex offender treatment from another licensed sex offender treatment provider except with that provider's knowledge and approval. If a licensee learns of such concurrent counseling, treatment, or other professional interventions, the licensee shall take immediate and reasonable action to inform the other mental health service provider.(c) Confidentiality. Licensees shall:(1) maintain records on each client for a period of no less than 10 years after the last date of service to the client. Client records shall include, at a minimum, client demographic information; release of confidential information signed by the client which clearly describes limits of confidentiality; test results from evaluations conducted by licensee, including test protocols; and monthly treatment reports which detail client attendance, treatment progress, and problematic behaviors which may contribute to risk for reoffense. Licensees shall maintain and store records on each client to ensure safety and confidentiality in accordance with the highest professional and legal standards including but not limited to HIPAA, the Texas Health and Safety Code, Chapter 611, and laws pertaining to victims rights (Federal Justice for All Act and Texas Code of Criminal Procedure, Chapter 56); licensees shall maintain the confidentiality of victims and shall not provide victim information to clients or others not specified in Occupations Code, Chapter 109 (§109.051 and §109.052);(2) be responsible for informing clients of the exceptions to confidentiality. Clients shall be informed of any circumstances which may prompt an exception to the agreed upon confidentiality;(3) understand that clients have the right to refuse to participate in or attend treatment and licensees shall inform the client of the potential consequences of such a decision;(4) clearly communicate to the client any conflicts of interest or dual relationships which affect the licensee's current relationship with a client;(5) obtain written permission and informed consent from the client before any data may be divulged to third parties;(6) respond to an inquiry for information with a written release by the client with only data germane to the purpose of the inquiry. Every effort shall be made to avoid an undue invasion of privacy for the client;(7) not communicate information to persons outside the treatment team without the written consent of the client unless there exists a clear and immediate danger to a person from the client; and(8) be knowledgeable of all statutes which govern the conduct of licensee's professional practice and the duty to report suspected abuse or neglect to law enforcement (for example: Family Code, §261.101 at et. seq.).(d) Assessments. Licensees shall:(1) not provide an assessment or re-assessment for the purpose of determining if an individual is guilty or innocent of a specific sexual crime. Psychological profiles shall not be used to prove or disprove an individual's propensity to act in a sexually deviant manner or an individual's guilt or innocence. Physiological methods or sexual arousal and preference assessments shall not be used to prove an individual's guilt or innocence of a specific sex crime;(2) recognize, and when providing expert testimony, acknowledge that there is no known psychological or physiological test, profile, assessment procedure, or combination of such tools that prove or disprove whether the client has committed a specific sexual crime;(3) make every effort possible to promote the client's non-offending behavior and act in the best interest of the client, as long as others are not placed in an identifiable risk;(4) guard against the misuse of assessment data;(5) respect a client's right to know the results, the interpretations made, and the basis for the conclusions and recommendations drawn from such assessments;(6) respect the right of a client to have a complete explanation, in language which the client is able to understand, the nature and purpose of the methodologies, and any foreseeable effects of the assessment unless the client agrees to an exception in advance;(7) obtain informed written consent from a client prior to conducting a physiological assessment or engaging in treatment unless mandated by court order;(8) safeguard sexual arousal assessment testing and treatment materials. Each licensee shall recognize the sensitivity of this material and use it only for the purpose for which it is intended in a controlled phallometric assessment. Licensees shall not release assessment or treatment materials to persons not involved in the management or treatment of the client who lack proper training and credentials, or who would misinterpret or improperly use such stimulus materials;(9) have specific training in the administration and evaluation of any assessment tool that is utilized. Licensees shall not release assessment raw data to any person not qualified to interpret the data;(10) recognize that any decision regarding refusal to release records or information shall be subject to the applicable state law;(11) be informed of the client's rights, including the client's right to confidentiality;(12) not determine a person's degree of sexual dangerousness, suitability for treatment, or other forensic referral question based solely by one assessment instrument. Assessment data shall be properly integrated within a comprehensive assessment, the components of which are determined by a person who has specific training and expertise in making such assessments;(13) indicate any reservations in reporting assessment results that may exist regarding validity or reliability because of the circumstances of the assessment or the absence of comparative norms for the person being tested. Each licensee shall make an attempt to ensure that assessment results and interpretations are not misunderstood or misused by others. Proper qualifications shall be made with regard to prediction and to the generalized ability of data issued in order to not mislead the consumer of the report;(14) understand it is ethical to address an issue regarding the probability of a client committing certain criminal acts within a certain period of time; it is unethical for a licensee to state that an individual is not at risk to reoffend sexually;(15) understand if a licensee decides that it is appropriate to offer a prediction of criminal behavior on the basis of a comprehensive assessment in a given case, the licensee shall specify clearly:(A) the acts being predicted and supportive research;(B) the estimated probability that these acts will occur during a given period of time; and(C) the facts and data on which these empirical predictions are based; and(16) be educated and familiar with the assessment or treatment procedures and data used by another licensee before providing any public comment or testimony pertaining to the validity, reliability, or accuracy of such information.(e) Public Information and Advertising. Licensees shall be truthful in the representation of the licensee's professional background, training, and status. All professional presentations, advertisements and public communications shall be formulated to convey accurate information.", "sourceNote": "Source Note: The provisions of this §810.92 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173515", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "L", "label": "EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER" }, "rule": { "number": "§810.301", "label": "Introduction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173516", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General. The provisions of this subchapter govern the procedures for the deregistration of individuals on the public registry for sex offenders in the State of Texas.(b) Construction. These sections cover definitions, criteria for deregistration; guidelines for conducting deregistration assessments; and, the due process for determining if a registrant may deregister.", "sourceNote": "Source Note: The provisions of this §810.301 adopted to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173516", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "L", "label": "EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER" }, "rule": { "number": "§810.302", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173517", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Code of Criminal Procedure, §62.401 et. seq. Termination of Certain Persons' Obligation to Register.(2) Contact with Registrant: Clinical Interview--Face to face interview between the Licensed Sex Offender Treatment Provider and the Registrant.(3) Deregistration--The early termination of an individual's obligation to register.(4) Deregistration Candidate--An individual required to register who is undergoing a deregistration evaluation.(5) Deregistration Criteria--The criteria established by the council to determine if a registrant is eligible for early termination of the obligation to register.(6) Evaluation Specialist--A licensed sex offender treatment provider who is approved by the council to conduct deregistration evaluations.(7) Instant Offense--The sexual offense that resulted in the registrant being required to be listed or included on the sex offender registry.(8) Public Registry--The public registry of sex offenders in the State of Texas which is maintained by the Texas Department of Public Safety.(9) Registrant--An individual who is required to register under Code of Criminal Procedure, Chapter 62, in the State of Texas.", "sourceNote": "Source Note: The provisions of this §810.302 adopted to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173517&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173517", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "L", "label": "EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER" }, "rule": { "number": "§810.303", "label": "Administration of the Act" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173518", "queryAsDate": "03/11/2026" }, "ruleBody": "The council is responsible for providing the appropriate and necessary guidelines for deregistration including identifying who can deregister, the method for evaluating registrants for deregistration and the due process that must be followed to attain deregistration.", "sourceNote": "Source Note: The provisions of this §810.303 adopted to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173518&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173518", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "L", "label": "EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER" }, "rule": { "number": "§810.304", "label": "Deregistration Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173519&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173519", "queryAsDate": "03/11/2026" }, "ruleBody": "The council shall establish criteria to determine an individual's eligibility for early termination from the obligation to register. The council shall publish the list of eligibility criteria. Prior to participating in a deregistration evaluation, the registrant must obtain approval from the council that he or she is eligible for deregistration.", "sourceNote": "Source Note: The provisions of this §810.304 adopted to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173519&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173519", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "L", "label": "EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER" }, "rule": { "number": "§810.305", "label": "Deregistration Decision Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173520", "queryAsDate": "03/11/2026" }, "ruleBody": "The council shall establish deregistration evaluation criteria to determine the risk level of a registrant.", "sourceNote": "Source Note: The provisions of this §810.305 adopted to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173520", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "L", "label": "EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER" }, "rule": { "number": "§810.306", "label": "Evaluation Specialist" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173521", "queryAsDate": "03/11/2026" }, "ruleBody": "The council shall contract with licensed sex offender treatment providers to provide all deregistration evaluation services.", "sourceNote": "Source Note: The provisions of this §810.306 adopted to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173521&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173521", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "L", "label": "EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER" }, "rule": { "number": "§810.307", "label": "Deregistration Methodology" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173522", "queryAsDate": "03/11/2026" }, "ruleBody": "The Deregistration Evaluation Specialist shall submit the candidate's deregistration evaluation report to the council. The council shall review the report and determine if the report conforms to council criteria. The council shall certify reports that meet council criteria and send each certified report back to the attorney.", "sourceNote": "Source Note: The provisions of this §810.307 adopted to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173522&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173522", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "36", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "chapter": { "number": "810", "label": "COUNCIL ON SEX OFFENDER TREATMENT" }, "subchapter": { "number": "L", "label": "EARLY TERMINATION FOR CERTAIN PERSONS' OBLIGATION TO REGISTER" }, "rule": { "number": "§810.308", "label": "Protocol Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134618&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "134618", "queryAsDate": "03/11/2026" }, "ruleBody": "The council or its designee shall review each candidate's application and deregistration evaluation report in order to insure that these documents comply with approved methodology and procedures. The council or its designee shall insure that all established requirements have been met by the candidate prior to approving the candidate to undergo a deregistration evaluation. The council or its designee shall also ensure that established deregistration evaluation criteria have been met prior to providing the candidate with the written evaluation report.", "sourceNote": "Source Note: The provisions of this §810.308 adopted to be effective April 24, 2011, 36 TexReg 2396; amended to be effective October 1, 2015, 40 TexReg 6748." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=134618&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "134618", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "A", "label": "AUTHORITY AND DEFINITIONS" }, "rule": { "number": "§850.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207989", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules are promulgated under the authority of the Texas Board of Professional Geoscientists, Texas Occupations Code, Chapter 1002.", "sourceNote": "Source Note: The provisions of this §850.1 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective January 8, 2008, 33 TexReg 184." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207989&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207989", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "A", "label": "AUTHORITY AND DEFINITIONS" }, "rule": { "number": "§850.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170468", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:(1) Advisory opinion--An interpretation of the Act or an application of the Act to a person with respect to a specified existing or hypothetical factual situation prepared by the Appointed Board on its own initiative or at the request of any interested person.(2) The Act--Texas Occupations Code, Chapter 1002, cited as the Texas Geoscience Practice Act.(3) APA--The Administrative Procedure Act (TEX. GOV'T. CODE, Chapter 2001).(4) Appointed Board--Those persons who are appointed by the Governor and confirmed by the Senate and qualify for office who may deliberate, vote, and be counted as a member in attendance of the Texas Board of Professional Geoscientists.(5) Board staff--The Executive Director and all other staff employed by the Texas Board of Professional Geoscientists (administrative, investigative, and other support staff, etc.).(6) Contested case or proceeding--A proceeding in which the legal rights, duties, or privileges of a party are to be determined by the Appointed Board after an opportunity for adjudicative hearing.(7) Executive Director--The individual appointed by the Appointed Board who shall be responsible for managing the day to day affairs of the board, in accordance with the Act.(8) License--The whole or part of any TBPG registration, license, certificate of authority, approval, permit, endorsement, title, or similar form of permission required or permitted by the Act.(9) Licensee--An individual holding a current Professional Geoscientist (P.G.) license, Geoscientist-in-Training (GIT) certificate, or Geoscience Firm (Firm) registration.(10) Rule or Board Rule--State agency rules adopted by the Appointed Board and as published in the Texas Administrative Code, Title 22; Part 39; Chapters 850 and 851.(11) Sanction--A penalty imposed in a disciplinary process. An imposed disciplinary action is a sanction.(12) TBPG--The Texas Board of Professional Geoscientists, as used in this Chapter, is a reference to the whole or any part of the entity that is the Texas Board of Professional Geoscientists.", "sourceNote": "Source Note: The provisions of this §850.10 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective January 8, 2008, 33 TexReg 185; amended to be effective November 15, 2010, 35 TexReg 9737; amended to be effective December 7, 2014, 39 TexReg 9535; amended to be effective March 6, 2022, 47 TexReg 946." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170468&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170468", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "B", "label": "ORGANIZATION AND RESPONSIBILITIES" }, "rule": { "number": "§850.60", "label": "Responsibilities of the Appointed Board - General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207990", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of this chapter is to implement the provisions in the Act concerning the licensure of Professional Geoscientists and regulation of the public practice of geoscience.(b) It is the intent of the Appointed Board that the Rules of the TBPG be interpreted in the best interest of the public and the state.(c) Through this chapter, the Appointed Board intends to establish procedures to receive petitions and complaints from the general public and the TBPG licensees, assure that access to TBPG programs is made available to all citizens, to set appropriate fees, and administer the TBPG's programs effectively.", "sourceNote": "Source Note: The provisions of this §850.60 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective November 15, 2010, 35 TexReg 9737; amended to be effective December 7, 2014, 39 TexReg 9535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207990&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207990", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "B", "label": "ORGANIZATION AND RESPONSIBILITIES" }, "rule": { "number": "§850.61", "label": "Responsibilities of the Appointed Board - Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207991", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Meetings will be conducted under Robert's Rules of Order.(b) Unless the Act provides another standard, when a quorum (a majority of the members) is present, a motion before the Appointed Board is carried by an affirmative vote of the majority of the members of the Appointed Board present.(c) Meetings will be conducted as public meetings under the Government Code, Chapter 551, Subchapter A, Open Meetings.(d) The Appointed Board will determine on a case by case basis the number of and the location of cameras and recording devices to maintain order during Appointed Board meetings.(e) The Appointed Board shall provide the public a reasonable opportunity to appear before the Appointed Board at its meetings and to speak on any issue under the jurisdiction of the TBPG. Subject to the statutory requirement of a \"reasonable opportunity,\" the Appointed Board may limit the amount of time that each speaker may speak on a given subject under the jurisdiction of the TBPG.", "sourceNote": "Source Note: The provisions of this §850.61 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective November 15, 2010, 35 TexReg 9737; amended to be effective December 7, 2014, 39 TexReg 9535; amended to be effective March 6, 2022, 47 TexReg 946." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207991&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207991", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "B", "label": "ORGANIZATION AND RESPONSIBILITIES" }, "rule": { "number": "§850.62", "label": "General Powers and Duties of the TBPG" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207992", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless exempted by the Act, the TBPG ensures that a person may not engage in the public practice of geoscience unless the person holds a license issued by the TBPG.(b) The TBPG ensures that a person does not take responsible charge of a geoscientific report or a geoscientific portion of a report required by municipal or county ordinance, state or federal law, state agency rule, or federal regulation that incorporates or is based on a geoscientific study or geoscientific data unless the person is licensed under the authority provided to the TBPG under the Act.(c) The Act and Rules adopted by the Appointed Board under the authority of the Act apply to every licensee, registered Firm, Geoscientist-in-Training, and unlicensed individual or unregistered firm providing or offering to provide professional geoscience services.(d) Unless an exemption in the Act applies, the TBPG ensures that all Firms offering to engage or engaging in the public practice of professional geoscience in Texas are registered as a Geoscience Firm.(e) Citizens who do not speak English or who have a physical, mental, or developmental disability will be provided reasonable access to the TBPG meetings and programs.(f) The TBPG welcomes appropriate citizen input and communications at TBPG meetings, and upon prior reasonable notice to the TBPG, the TBPG will provide interpreters and/or sign language specialists to assist the public in presenting their input to the TBPG.(g) The TBPG works with each state agency that uses the services of a person licensed by the TBPG and other state agencies as determined by the Appointed Board, including a state agency with which the Appointed Board has entered into a Memorandum of Understanding that addresses the coordination of activities or complaints, to educate the agencies' employees regarding the procedures by which complaints are filed with and resolved by the TBPG.", "sourceNote": "Source Note: The provisions of this §850.62 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective January 3, 2008, 32 TexReg 10004; amended to be effective November 15, 2010, 35 TexReg 9737; amended to be effective January 1, 2014, 38 TexReg 9367; amended to be effective December 7, 2014, 39 TexReg 9535; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective March 6, 2022, 47 TexReg 946." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207992&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207992", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "B", "label": "ORGANIZATION AND RESPONSIBILITIES" }, "rule": { "number": "§850.63", "label": "Responsibilities of the Appointed Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207993", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Appointed Board may take the disciplinary actions described in and set forth in the Act on the grounds described in and set forth in the Act and may issue orders accordingly.(b) The Appointed Board may deny a license on the grounds described in and set forth in the Act.(c) The Appointed Board may reinstate a license by the procedures and on the conditions set forth in the Act.(d) The Appointed Board may impose an administrative penalty based on the factors and subject to the limitations set forth in the Act.(e) The Appointed Board, through its Executive Director, shall give notice of its order imposing a sanction or penalty to all parties. The notice must include:(1) separate statements of the findings of fact and conclusions of law;(2) the specific disciplinary action to be taken and the amount of any penalty assessed, if applicable;(3) whether or not a motion for rehearing is required as a prerequisite for appeal; and(4) the motion for rehearing time table.(f) Licensees will be notified at least 60 days in advance of impending expiration of the license and what the fee will be.(g) Special accommodation exams will be made available as required by the Americans with Disabilities Act of 1990, Public Law 101-336.", "sourceNote": "Source Note: The provisions of this §850.63 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective April 22, 2008, 33 TexReg 3277; amended to be effective November 15, 2010, 35 TexReg 9737; amended to be effective January 1, 2014, 38 TexReg 9367; amended to be effective December 7, 2014, 39 TexReg 9535; amended to be effective March 6, 2022, 47 TexReg 946." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207993&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207993", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "B", "label": "ORGANIZATION AND RESPONSIBILITIES" }, "rule": { "number": "§850.65", "label": "Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "148827", "queryAsDate": "03/11/2026" }, "ruleBody": "Any interested party may request adoption of a rule(s) by submitting a letter of request to the TBPG with a draft of the rule(s) attached. At a minimum the request should contain:(1) items to be deleted should be bracketed or lined through;(2) items added should be underlined; and(3) the rationale for the requested rule change.", "sourceNote": "Source Note: The provisions of this §850.65 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective January 1, 2014, 38 TexReg 9367; amended to be effective December 7, 2014, 39 TexReg 9535; amended to be effective March 6, 2022, 47 TexReg 946." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=148827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "148827", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "C", "label": "FEES" }, "rule": { "number": "§850.81", "label": "Charges for Providing Copies of Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192874", "queryAsDate": "03/11/2026" }, "ruleBody": "Cost for providing public information is that as promulgated by the Office of the Attorney General under 1 Texas Administrative Code §§70.1 - 70.12 (relating to Cost of Copies of Public Information).", "sourceNote": "Source Note: The provisions of this §850.81 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective November 15, 2010, 35 TexReg 9737." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192874", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "C", "label": "FEES" }, "rule": { "number": "§850.82", "label": "Dishonored Payment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170477", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a payment drawn to the TBPG for an initial license, certification or registration or the renewal of a license, certification, or registration is dishonored by a payor, the TBPG shall take the following actions:(1) Notify the applicant or licensee of the issue and request resolution of the payment, plus the insufficient funds fee in §851.80 of this title within 30 days;(2) Invalidate any new or renewed license, certification, or registration that was processed based on the payment that was dishonored, if the payment has not been resolved within 30 days of the sending or receipt of the notice, as applicable.(b) If any other payment to the TBPG is dishonored by a payor, the TBPG will take appropriate steps as determined by the Executive Director.", "sourceNote": "Source Note: The provisions of this §850.82 adopted to be effective September 15, 2002, 27 TexReg 8479; amended to be effective January 7, 2008, 33 TexReg 185; amended to be effective November 15, 2010, 35 TexReg 9737; amended to be effective December 7, 2014, 39 TexReg 9535; amended to be effective October 31, 2018, 43 TexReg 7139." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170477&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170477", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "D", "label": "ADVISORY OPINIONS" }, "rule": { "number": "§850.100", "label": "Subject of an Advisory Opinion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170474", "queryAsDate": "03/11/2026" }, "ruleBody": "On its own initiative or at the request of any interested person, the Appointed Board shall prepare a written advisory opinion about:(1) an interpretation of the Act; or(2) the application of the Act to a person in regard to a specified existing or hypothetical factual situation.", "sourceNote": "Source Note: The provisions of this §850.100 adopted to be effective April 28, 2010, 35 TexReg 3284; amended to be effective December 7, 2014, 39 TexReg 9535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170474&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170474", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "D", "label": "ADVISORY OPINIONS" }, "rule": { "number": "§850.101", "label": "Request for an Advisory Opinion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170475", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A request for an advisory opinion shall include, at a minimum, sufficient information in order for the Appointed Board to provide a complete response to the request. The requestor must provide the following, as applicable:(1) requestor contact information;(2) affected section(s) of the Act and/or Rules;(3) description of the situation;(4) reason advisory opinion is requested;(5) parties or stakeholders that will be affected by the opinion, if known; and(6) any known, pending litigation involving the situation.(b) A request for an advisory opinion shall be in writing. A written request may be mailed, sent via electronic mail, hand-delivered, or faxed to the TBPG.", "sourceNote": "Source Note: The provisions of this §850.101 adopted to be effective April 28, 2010, 35 TexReg 3284; amended to be effective December 7, 2014, 39 TexReg 9535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170475&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170475", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "D", "label": "ADVISORY OPINIONS" }, "rule": { "number": "§850.102", "label": "Appointed Board Initiated Opinion" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170476", "queryAsDate": "03/11/2026" }, "ruleBody": "When a majority of the Appointed Board determines that an opinion would be in the public interest or in the interest of any person or persons within the jurisdiction of the TBPG, the Appointed Board may on its own motion issue an advisory opinion.", "sourceNote": "Source Note: The provisions of this §850.102 adopted to be effective April 28, 2010, 35 TexReg 3284; amended to be effective December 7, 2014, 39 TexReg 9535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170476&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170476", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "D", "label": "ADVISORY OPINIONS" }, "rule": { "number": "§850.103", "label": "Receipt, Review, and Processing of a Request" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170478", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Appointed Board, through the appropriate committee, shall review all requests for advisory opinions. (b) Upon receipt of a request for an advisory opinion, the Executive Director will date stamp the request, issue an Advisory Opinion Request (AOR) tracking number, and make a preliminary determination on the TBPG's jurisdiction regarding the request. (c) The Executive Director will review the request to determine if the request can be answered by reference to the plain language of a statute or a TBPG rule, or if the request has already been answered by the Appointed Board. (d) If the Executive Director determines the TBPG has no jurisdiction or the request can be answered by reference to a statute, TBPG rule, or previous opinion, the Executive Director shall prepare a written response for the appropriate committee addressed to the person making the request that cites the jurisdictional authority, the language of the statute or rule, or the prior determination. (e) The appropriate committee shall review all requests for advisory opinions and may: (1) approve jurisdiction and reference responses, as applicable, and report a summary of these actions to the Appointed Board for ratification; or (2) determine the request warrants an advisory opinion and proceed with developing an advisory opinion. (f) If a request warrants an advisory opinion, the appropriate committee shall determine if further information is needed to draft an advisory opinion. If additional information is needed, the committee shall determine what information is needed and instruct the Executive Director to obtain expert resources, hold stakeholder meetings, or perform other research and investigation as necessary to provide the information required to draft an advisory opinion and report back to the committee. (g) If during the process, the committee determines that the request is one the Appointed Board cannot answer, then the committee shall have the Executive Director provide written notification to the person making the request of the reason the request will not be answered and this response shall be ratified by the Appointed Board. (h) When sufficient information exists, the appropriate committee shall draft an advisory opinion and schedule the draft advisory opinion for review by the Appointed Board for approval for posting on the agency website and in the Texas Register for comments. (i) Draft opinions shall be posted for at least 30 days and any interested person may submit written comments concerning an advisory opinion request. Comments submitted should reference the AOR number. (j) Upon completion of the comment period, the appropriate committee shall consider any comments made and draft a final opinion recommendation to be presented for review and adoption by the Appointed Board. (k) The Appointed Board shall review and adopt the advisory opinion or determine if further revisions are required and refer the request back to the appropriate committee with guidance on proceeding with completing the request. (l) Each final advisory opinion adopted by the Appointed Board shall be published in summary form in the Texas Register. (m) To reconsider or revise an issued advisory opinion, the Appointed Board shall process the reconsideration or revision as a new request and follow the process as set forth in this section.", "sourceNote": "Source Note: The provisions of this §850.103 adopted to be effective April 28, 2010, 35 TexReg 3284; amended to be effective December 7, 2014, 39 TexReg 9535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170478&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170478", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "D", "label": "ADVISORY OPINIONS" }, "rule": { "number": "§850.104", "label": "Compilation of Advisory Opinions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170479&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170479", "queryAsDate": "03/11/2026" }, "ruleBody": "The TBPG shall number and classify each final advisory opinion issued and shall make them available on the Internet.", "sourceNote": "Source Note: The provisions of this §850.104 adopted to be effective April 28, 2010, 35 TexReg 3284; amended to be effective December 7, 2014, 39 TexReg 9535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170479&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170479", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "D", "label": "ADVISORY OPINIONS" }, "rule": { "number": "§850.105", "label": "Time Period" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215885", "queryAsDate": "03/11/2026" }, "ruleBody": "The Appointed Board shall respond to requests for an advisory opinion within 180 days after the date the TBPG receives the written request unless the Appointed Board affirmatively states the Appointed Board's reason for not responding to the request within 180 days or for not responding to the request at all.", "sourceNote": "Source Note: The provisions of this §850.105 adopted to be effective April 28, 2010, 35 TexReg 3284; amended to be effective December 7, 2014, 39 TexReg 9535." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215885", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "850", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "subchapter": { "number": "E", "label": "PROCUREMENT AND PROCUREMENT BID PROTEST PROCEDURES" }, "rule": { "number": "§850.221", "label": "Procurement and Procurement Bid Protest Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214094", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An actual bidder who considers him or herself aggrieved in connection with the award of a contract by the Board may file a formal protest with the Board's procurement director. A formal protest must be in writing and received by the procurement director within ten (10) business days after the protesting party knows or should have known of the occurrence of the action which is protested.(b) Procedures:(1) Within ten (10) business days after the bid award, the bidder must submit in writing to the procurement director the reasons why TBPG should not have awarded the bid to the successful bidder.(2) If the unsuccessful bidder does not agree with the response of the procurement director, the bidder may appeal the decision to the Executive Director on or before the seventh day after receiving the denial.(3) Protests and appeals that are not timely filed will not be considered, unless good cause is established, or the procurement director determines that the protest or appeal raises issues significant to the agency's procurement practices or procedures.(c) A decision by the Executive Director shall be the final administrative action of the agency.", "sourceNote": "Source Note: The provisions of this §850.221 adopted to be effective December 24, 2023, 48 TexReg 7573." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214094&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214094", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "A", "label": "DEFINITIONS" }, "rule": { "number": "§851.10", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208281", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:(1) Act--Texas Occupations Code, Chapter 1002, cited as the Texas Geoscience Practice Act.(2) Accredited institutions or programs--An institution or program which holds accreditation or candidacy status from an accreditation organization recognized by the Council for Higher Education Accreditation (CHEA) or other appropriate accrediting entity accepted by the Appointed Board.(3) Address of record--In the case of an individual or Firm licensed, certified, or registered by the Texas Board of Professional Geoscientists (TBPG), the address which is filed by the licensee with the TBPG.(4) Advertising or Advertisement--Any non-commercial or commercial message, including, but not limited, to verbal statements, bids, web pages, signage, provider listings, and paid advertisement that promotes geoscience services.(5) Applicant--An individual making application for a Professional Geoscientist (P.G.) license or a Geoscientist-in-Training (GIT) certification or a firm and/or the Authorized Official of a Firm making application for a Geoscience Firm (Firm) registration.(6) Application--The forms, information, attachments, and fees necessary to obtain a license as a Professional Geoscientist, the registration of a Firm, or a certification as a Geoscientist-in-Training (GIT).(7) Appointed Board--Those persons who are appointed by the Governor and confirmed by the Senate and qualify for office who may deliberate, vote, and be counted as a member in attendance of the Texas Board of Professional Geoscientists.(8) ASBOG®--Association of State Boards of Geology. ASBOG® serves as a connective link among the individual state geology regulatory boards for the planning and preparation of uniform procedures and the coordination of geologic protective measures for the general public. One of ASBOG®'s principal services is to develop standardized written examinations for determining qualifications of applicants seeking licensure as professional geologists. State boards of registration are provided with uniform examinations that are valid measures of competency related to the practice of the profession.(9) Authorized Official of a Firm (AOF)--The individual designated by a Geoscience Firm to be responsible for submitting the application to TBPG for the initial registration of the Firm; ensuring that the Firm maintains compliance with the registration requirements; ensuring that the Firm renews its registration status for as long as the Firm offers or provides professional geoscience services; ensuring that the designated geoscientist is a currently licensed P.G.; and communicating with the TBPG regarding any matter.(10) Board staff--The Executive Director and all other staff employed by the Texas Board of Professional Geoscientists (administrative, investigative, and other support staff, etc.).(11) Cheating--Attempting to obtain, obtaining, providing, or using answers to examination questions by deceit, fraud, dishonesty, or deception.(12) Complainant--Any individual who has submitted a complaint to the TBPG, as provided in this chapter.(13) Complaint--An allegation or allegations of wrongful activity related to the practice or offering of professional geoscience services in Texas. A complaint is within the TBPG's jurisdiction if the complaint alleges a violation of statutes or rules applicable to the public practice of geoscience or the requirements of licensure of a Professional Geoscientist (P.G.) or registration by an individual, firm, or other legal entity.(14) Council of Soil Scientist Examiners (CSSE)--The Council of Soil Science Examiners is a national organization that creates, scores and maintains examinations for State Soil Scientists regulatory programs. CSSE develops professional criteria to confirm that individuals meet and exceed minimum qualifications to practice the profession.(15) Default--The failure of the Respondent to respond in writing to a notice or appear in person or by legal representative on the day and at the time set for hearing in a contested case or informal conference, or the failure to appear by telephone, e-mail, fax or other electronic media in accordance with the notice of hearing or notice of informal conference. Default results in the actions being taken that were described in the notice of the hearing for a contested case or informal conference in the event of a failure to appear.(16) Digital Signature--A digital authentication attached to, or clearly associated with, an electronic document. A digital signature that meets the requirements of board rules carries the same weight, authority, and effects as an original signature.(17) Direct supervision--Critical watching, evaluating, and directing of geoscience activities with the authority to review, enforce, and control compliance with all geoscience criteria, specifications, and procedures as the work progresses. Direct supervision will consist of an acceptable combination of: exertion of significant control over the geoscience work, regular personal presence, reasonable geographic proximity to the location of the performance of the work, and an acceptable employment relationship with the supervised individual(s).(18) Discipline--One of three recognized courses of study under which an individual may qualify for a license as a Professional Geoscientist. Geoscience is comprised of the following disciplines: geology, geophysics, and soil science.(19) Executive Director--The individual appointed by the Appointed Board who shall be responsible for managing the day to day affairs of the board, in accordance with the Act.(20) Filed date--The date that the document has been received by the TBPG or, if the document has been mailed to the TBPG, the postmark date of the document.(21) Geology--The discipline of geoscience that addresses the science of the origin, composition, structure, and history of the Earth and its constituent soils, rocks, minerals, fossil fuels, solids, fluids and gases, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the Earth, and is applied with judgment to develop ways to utilize, economically, those natural and introduced agents, forces, and processes for the benefit of mankind. There are many subdivisions of geology, which include, but are not limited to, the following: historical geology, physical geology, economic geology, mineralogy, paleontology, structural geology, mining geology, petroleum geology, physiography, geomorphology, geochemistry, hydrogeology, petrography, petrology, volcanology, stratigraphy, engineering geology, and environmental geology.(22) Geophysics--Refers to that science which involves the study of the physical Earth by means of measuring its natural and induced fields of force, and its responses to natural and induced energy or forces, the interpretation of these measurements, applied with judgment to benefit or protect the public.(23) Geoscience--The science of the Earth and its origin and history, the investigation of the Earth's environment and its constituent soils, rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the Earth as applied with professional judgment to develop ways to utilize, those natural and introduced agents, forces, and processes for the benefit of the public.(24) Geoscience Firm (Firm)--A firm, corporation, or other business entity that engages in or offers to engage in the practice of professional geoscience before the public in the State of Texas and that is registered by the board to engage in the public practice of geoscience.(25) Geoscience services (also professional geoscience services, and professional geoscience)--Services that must be performed by or under the direct supervision of a Professional Geoscientist and that meet the definition of the practice of geoscience as defined in the Texas Occupations Code, §1002.002(3). A service shall be conclusively considered a professional geoscience service if it is delineated in that section; other services requiring a Professional Geoscientist by contract, or services where the adequate performance of that service requires a geoscience education, training, or experience in the application of special knowledge or judgment of the geological, geophysical or soil sciences to that service shall also be conclusively considered a professional geoscience service. These services may include consulting, investigating, evaluating, analyzing, planning, mapping, and inspecting geoscientific work, and the responsible supervision of those tasks.(26) License--The legal authority granted the holder to actively practice geoscience upon meeting the requirements as set out in the Act and this chapter.(27) License certificate--Any certificate issued by the TBPG showing that a license, registration, or certificate has been granted by the TBPG. A certificate is not valid unless it is accompanied by a card issued by the TBPG that shows the expiration date of the license, registration or certification.(28) License status--The status of a Professional Geoscientist license, Geoscience Firm registration, or GIT certification is one of the following:(A) Current license--A license, registration, or certification that has not expired.(B) Expired license--A Professional Geoscientist license that has been expired for less than three years and is therefore renewable, or a Geoscience Firm registration or GIT certification that has been expired for less than one year and is therefore renewable.(C) Permanently expired license--A license, registration, or certification that is no longer renewable.(29) Licensee--An individual or other entity holding a current Professional Geoscientist license, GIT certificate, or Firm registration.(30) Meritless complaint--a complaint in which the allegations are unfounded or groundless (no legitimate basis for the allegation) or the allegations are unsubstantiated or unverified (no determination could be made as to whether there was any basis for the allegation).(31) Non-jurisdictional complaint--a complaint in which the TBPG has no jurisdiction over the alleged conduct.(32) Person--Any individual, firm, partnership, corporation, association, or other legal public or private entity, including a state agency or governmental subdivision.(33) Professional Geoscientist or P.G.--An individual who holds a license as a Professional Geoscientist issued by the TBPG.(34) Practice for the public--(A) Providing professional geoscience services:(i) For a governmental entity in Texas;(ii) To comply with a rule established by the State of Texas or a political subdivision of the State of Texas; or(iii) For the public or a firm or corporation in the State of Texas if the practitioner accepts ultimate liability for the work product; and(B) Does not include services provided for the express use of a firm or corporation by an employee or consultant if the firm or corporation assumes the ultimate liability for the work product.(35) The Public--Any individual(s), client(s), business or public entities, or any member of the general population whose normal course of life might reasonably include an interaction of any sort with or be impacted by professional geoscience services.(36) Registered Firm--A firm that is currently registered with the TBPG.(37) Registrant--An individual whose sole-proprietorship is currently registered with the TBPG or a firm that is currently registered with the TBPG.(38) Respondent--Any individual or firm, licensed or unlicensed, who has been charged with violating any provision of the Act or a rule or order issued by the Appointed Board.(39) Responsible charge--The independent control and direction of geoscience services or the supervision of geoscience services by the use of initiative, skill, and independent judgment.(40) Rule or Board Rule--State agency rules adopted by the Appointed Board and as published in the Texas Administrative Code, Title 22, Part 39, Chapters 850 and 851.(41) Soil Science--Soil science means the science of soils, their classification, origin and history, the investigation and interpretation of physical, chemical, morphological, and biological characteristics of the soil including, among other things, their ability to produce vegetation and the fate and movement of physical, chemical, and biological contaminants.(42) Sole practitioner--An individual Professional Geoscientist who operates a geoscience business and who is in responsible charge of all geoscience work performed by or for the business.(43) TBPG--The Texas Board of Professional Geoscientists, as used in this chapter, is a reference to the whole or any part of the entity that is the Texas Board of Professional Geoscientists.", "sourceNote": "Source Note: The provisions of this §851.10 adopted to be effective October 31, 2002, 27 TexReg 10028; amended to be effective January 8, 2008, 33 TexReg 185; amended to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2014, 38 TexReg 9368; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 18, 2015, 40 TexReg 1384; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective September 25, 2017, 42 TexReg 5143; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947; amended to be effective June 14, 2023, 48 TexReg 2965." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208281", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.20", "label": "Professional Geoscientist Licensing Requirements and Application Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215095", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Requirements for licensure:(1) Passing score on an examination or examinations required by the Texas Board of Professional Geoscientists (TBPG) covering the fundamentals and practice of the appropriate discipline of geoscience documented as specified in §851.21 of this chapter;(2) Has a documented record of at least five years of qualifying work experience during which the applicant has demonstrated being qualified to assume responsible charge of geoscience services as specified in §851.23 of this chapter and Texas Occupations Code (TOC) §1002.256:(A) A total of one year of qualifying work experience credit may be granted for each full-time year of graduate study in a discipline of geoscience, not to exceed two years;(B) The Appointed Board may accept qualifying work experience in lieu of the education requirement as provided in TOC §1002.255;(3) Academic requirements for licensure as specified in TOC §1002.255 and §851.25 of this chapter; and(4) Supporting documentation of any license requirement, as determined by Board staff or the Appointed Board, relating to criminal convictions as specified in §851.108 of this chapter; relating to substance abuse issues as specified in §851.109 of this chapter; and relating to issues surrounding reasons the Appointed Board may deny a license as specified in the Geoscience Practice Act at TOC §1002.401 and §1002.402.(b) An applicant may request a waiver of any licensure requirement by submitting a Waiver Request (Form VI) and any additional information needed to substantiate the request for waiver with the application. If the Appointed Board determines that the applicant meets all the other requirements, the Appointed Board may waive any licensure requirement except for the payment of required fees.(c) An application is active for one year including the date that it is filed with the Appointed Board.(d) Professional Geoscientist application procedure. To be eligible for a Professional Geoscientist license under this chapter, an applicant must submit or ensure the transmission (as applicable) of the following to the TBPG:(1) A completed, signed application for licensure as a Professional Geoscientist;(2) Documentation of having passed an examination as specified in §851.21 of this chapter;(3) Documentation of having met the experience requirements as specified in §851.23 of this chapter;(4) Official transcript(s), as specified in §851.25 of this chapter;(5) The application/first year licensing fee as specified in §851.80(b) of this chapter;(6) Verification of every license, current or expired, in any regulated profession related to the public practice of geoscience in any jurisdiction (for example, Professional Engineer, licensed Water Well Driller, etc.); and(7) Any written explanation and other documentation as required by instructions on the application or as communicated by Board staff, if applicable.(e) Any transcripts, evaluations, experience records or other similar documents submitted to the TBPG in previous applications may be included in a current application provided the applicant requests its use in writing at the time the application is filed and the Executive Director authorizes its use.(f) An application may be forwarded to the Appointed Board at the Executive Director's discretion.(g) Obtaining or attempting to obtain a license by fraud or false misrepresentation is grounds for an administrative sanction and/or penalty.(h) An applicant who is a citizen of another country and is physically present in this country shall show sufficient documentation to the TBPG to verify the immigration status for the determination of their eligibility for a professional license in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. In most cases, a copy of a current visa or something equivalent will be sufficient. For applicants from countries that have a standing trade agreement with the US that specifically and adequately addresses professional licensure, such as the U.S.-Mexico-Canada Agreement (USMCA) or AUSFTA, a copy of a visa is not required; however, the applicant must identify the trade agreement under which the applicant would be working in the US, and must establish the applicant has the required legal status to work in Texas.(i) Applications are not reviewed until the application and fee have been received in the TBPG office. Applicants are initially notified of any deficiencies in the application within approximately thirty (30) days after the receipt of the application and fee.(j) An applicant should respond to a deficiency notice within forty-five (45) days from the date of notification for applicants to correct deficiencies. If an applicant does not respond to a deficiency notice or does not ensure that necessary documents are provided to the TBPG office, the application will expire as scheduled one year after the date it became active.(k) Upon receipt of all required materials and fees and satisfying all requirements in this section, the applicant shall be licensed and a unique Professional Geoscientist license number shall be assigned to the license. A new license shall be set to expire at the end of the calendar month occurring one year after the license is issued. Board staff shall send a new license certificate, license certificate expiration card, and a wallet license expiration card as provided in subsection (p) of this section.(l) A new license is valid for a period of one year from the date it is issued. Upon the first timely renewal of a license, the renewal period shall be from the date the license is renewed until the last day of the next birth month for the licensee. A license that is renewed late (one day after the expiration date of the license through the end of the 36th month past the expiration date of the license) is renewed in accordance to the rules set forth in §851.28 of this chapter.(m) A license number is not transferable.(n) Any violation of the law or the rules and regulations resulting in disciplinary action for one license may result in disciplinary action for any other license.(o) Altering a license wall certificate, license certificate expiration card, or wallet license expiration card in any way is prohibited and is grounds for a sanction and/or penalty.(p) The Professional Geoscientist license is the legal authority granted the holder to actively practice geoscience upon meeting the requirements as set out in the Act and this chapter. When a license is issued, a license wall certificate, the first license certificate expiration card, and the first wallet license expiration card are provided to the new licensee.(1) The license wall certificate shall bear the name of the licensee, the licensee's unique Professional Geoscientist license number, the discipline in which the individual is licensed, and the date the license was originally issued.(2) The license wall certificate is not valid proof of licensure unless the license certificate expiration card is accompanying the license certificate and the date on the license certificate card is not expired.(3) The license certificate expiration card shall bear the name of the licensee, the licensee's unique Professional Geoscientist license number, and the date the license will expire, unless it is renewed.(4) The wallet license expiration card shall bear the name of the licensee, the licensee's unique Professional Geoscientist license number, the discipline in which the individual is licensed, and the date the license will expire, unless it is renewed.(q) Once the requirements for licensure have been satisfied and the new license and license certificate have been issued, within sixty (60) days of notification the new licensee must then:(1) Obtain a seal and submit TBPG Seal Submission (Form X) to the TBPG; and(2) Register as a Geoscience Firm, if appropriate, as described in §851.30 of this chapter.(r) An applicant who is a military service member, military veteran or a military spouse is directed to TBPG rule §851.26 of this chapter for additional licensing provisions.", "sourceNote": "Source Note: The provisions of this §851.20 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective October 1, 2013, 38 TexReg 5731; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 18, 2015, 40 TexReg 1384; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective September 25, 2017, 42 TexReg 5143; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective October 28, 2019, 44 TexReg 6374; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215095&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215095", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.21", "label": "Licensing Requirements - Examinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215886", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Qualifying examinations:(1) An applicant for the Geology discipline must pass both parts of the ASBOG® examination. Applicants taking the ASBOG® examinations must also abide by the rules and regulations of ASBOG®.(2) An applicant for the Soil Science discipline must pass both parts of the Council of Soil Science Examiners (CSSE) examination. Applicants taking the CSSE examinations must also abide by the rules and regulations of CSSE.(3) An applicant for the Geophysics discipline must pass the Texas Geophysics Examination (TGE).(b) An applicant may request an accommodation in accordance with the Americans with Disabilities Act. Proof of disability may be required.(c) An applicant who does not timely arrive at and complete a scheduled examination will forfeit the examination fee.(d) Cheating on an examination is grounds for denial, suspension, or revocation of a license and/or an administrative penalty.(e) An applicant who has passed an examination may not retake that type of examination.(f) Exam Waiver. Applicants requesting a waiver from any examination(s) shall complete a Waiver Request (Form VI) and shall comply with §851.22 regarding Waivers and Substitutions.(g) Examination requirements and examination procedure: A qualified individual who has not passed qualifying licensing examination(s) may access and abide by all relevant components of one of the following procedures to sit for a qualifying examination(s) in the appropriate discipline:(1) Licensure in the discipline of geology (part I)/ASBOG® Fundamentals of Geology examination:(A) Requirements: Completion of the education qualifications for licensure as specified in Texas Occupations Code §1002.255 and §851.25 of this chapter or currently enrolled in a course of study that meets the education requirements for licensure and within two regular semesters of completion of the qualifying course of study.(B) Procedure:(i) The applicant shall complete and submit an Exam Request (Form E) and any required documents to the TBPG, along with the appropriate fee by the deadline posted on the TBPG website for the examination date desired by the applicant.(ii) The Board staff will review the application and inform the applicant of any deficiencies in the application. Upon determination that the requirements have been met, the Board staff will provide the applicant instructions on how to register, pay the examination fee and schedule to sit for the examination.(iii) The applicant shall follow all examination administration procedures and take the examination.(iv) The Board staff shall notify the applicant of the results of the examination after receiving the results from ASBOG®.(2) Licensure in the discipline of geology (part II)/ASBOG® Practice of Geology examination:(A) Requirements:(i) Under application for licensure as a Professional Geoscientist with the TBPG.(ii) Meet all other qualifications for licensure as specified in §851.20 of this chapter and be within six months of meeting the qualifying experience requirement.(B) Procedure:(i) The applicant shall complete and submit the following:(I) Application for P.G. Licensure (Form A), in accordance with the application procedures as specified in §851.20 of this chapter, along with the appropriate fee;(II) Qualifying Work Experience Record (Form A-1), as specified in §851.23 of this chapter;(III) Exam Request (Form E), along with the appropriate fee; and(IV) Any required documents to the TBPG, by the deadline posted on the TBPG website for the examination date desired by the applicant.(ii) The Board staff will review the application and inform the applicant of any deficiencies in the application. Upon determination that the requirements have been met, the Board staff will provide the applicant instructions on how to register, pay the examination fees and schedule to sit for the examination.(iii) The applicant shall follow all examination administration procedures and take the examination.(iv) The Board staff shall notify the applicant of the results of the examination after receiving the results from ASBOG®.(3) Licensure/Certification in the discipline of geophysics/TGE/TFGE:(A) Requirements:(i) Under application for licensure as a Professional Geoscientist with the TBPG and meet all qualifications for licensure as specified in §851.20 of this chapter, with the exception of the examination requirement; or(ii) Under application for certification as a Geoscientist-in-Training with the TBPG and meet all qualifications for certification as a Geoscientist-in-Training in §851.41 of this chapter with the exception of the examination requirement.(B) Procedure:(i) The applicant shall complete and submit the following:(I) Application for P.G. Licensure (Form A), in accordance with the application procedures as specified in §851.20 of this chapter, along with the appropriate fee;(II) Qualifying Work Experience Record (Form A-1), as specified in §851.23 of this chapter;(III) Exam Request (Form E), along with the appropriate fee; and(IV) Any required documents to the TBPG, by the deadline posted on the TBPG website for the examination date desired by the applicant.(ii) The Board staff will review the application and inform the applicant of any deficiencies in the application. Upon determination that the requirements have been met, the Board staff will provide TGE scheduling and examination payment information to the applicant.(iii) The applicant shall submit the required information, along with the examination fee to the TBPG.(iv) The applicant shall follow all examination administration procedures and take the examination.(v) The Board staff shall notify the applicant of the results of the examination.(4) Licensure in the discipline of soil science/Council of Soil Science Examiners (CSSE) Fundamentals of Soil Science and Practice of Soil Science Examinations: An applicant must meet the examination requirements of the CSSE; apply to take the required examinations directly with the CSSE and submit the required fees; follow all examination procedures of the CSSE; take and pass both parts of the examination; and follow CSSE procedures to ensure that the passing scores are forwarded to the TBPG.", "sourceNote": "Source Note: The provisions of this §851.21 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective December 28, 2017, 42 TexReg 7406; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947; amended to be effective September 26, 2023, 48 TexReg 5550." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215886", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.22", "label": "Waivers and Substitutions: Policy, Procedures, and Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Introduction: The Texas Board of Professional Geoscientists is charged with the responsibility of issuing a license to engage in the public practice of geoscience in the state of Texas only to those individuals who meet the qualifications for licensure, as provided by Texas law. The successful completion of the required examination for the specific discipline is an essential element in the Professional Geoscientist licensure process. The Texas Geoscience Practice Act (TGPA) (Texas Occupations Code, Chapter 1002, §1002.259) provides that \"Except for the payment of required fees, the board may waive any of the requirements for licensure by a two-thirds vote of the entire board if the applicant makes a written request and shows good cause and the board determines that the applicant is otherwise qualified for a license.\"(1) An applicant for licensure as a Professional Geoscientist may request a waiver by submitting a copy of Form VI - \"Request for Waiver of Licensing Requirement - Board Policy and Procedures,\" along with supporting documentation. Only an applicant for licensure may request a waiver. An applicant must have submitted a complete application, supporting documentation (such as transcripts and qualifying experience record), and applicable fees for a waiver request to be considered.(2) Once a request for a waiver and all relevant documents and information supporting the request have been received, subject to scheduling logistics, the request will be placed on the next available meeting of the TBPG's Application Review and Continuing Education Committee.(b) Guidance Policy: The following policy was developed by the TBPG Board and is intended to be guidance for the Application Review and Continuing Education Committee and the Board in consideration of a request for waiver. In accordance with TOC §1002.259, an approval of a waiver request requires a vote of two-thirds of the TBPG Appointed Board (6 affirmative votes), regardless of the number of Board members in attendance. A request for the substitution of experience for education (provided by TOC §1002.255(b)) requires a simple majority vote of a quorum of the TBPG Appointed Board to be approved.(c) TBPG's Application Review and Continuing Education Committee Review: TBPG's Application Review and Continuing Education Committee will review the request and supporting documentation and recommend to the full TBPG Board to grant or not grant the requested waiver. An applicant should provide a written justification, along with supporting documentation. An applicant may also appear before the Committee and the full Board to provide testimony to support the request. All requests the Committee recommends for approval will be scheduled for review by the full Board. Requests the Committee does not recommend for approval will not be submitted to the full Board for review, unless the applicant requests review by the full Board.(d) TBPG's Board Initial Review: TBPG Appointed Board will review requests the Committee recommends for approval and supporting documentation and will determine whether or not to approve the request (grant the requested waiver). An applicant whose request for a waiver or substitution was denied and who believes that there is additional information that was not available to the Board when it reviewed the request, may submit additional information to staff regarding the current application, along with a written request that the Board reconsider the request. If staff determines that new information has been submitted that may be relevant to the Board's review of an application/request, then staff will schedule the application/waiver request for reconsideration. In the review of a request to reconsider its decision on an application/waiver request, because new information has been submitted, the Board will first determine by a simple majority vote whether to reconsider the application/waiver request, based on whether relevant new information has been submitted. If the Board determines by vote that the new information warrants reconsideration of an application/waiver request, the Board will reconsider the waiver request, including all of the new information available at that time. An applicant may appear before the Board and present information related to the request. The Board will reconsider its decision on a waiver request only once.(e) Examination Waiver Requirements and Criteria.(1) For TBPG's Appointed Board to waive an examination, an applicant must:(A) Meet all other qualifications for licensure (qualifying work experience, education, documentation relating to criminal, disciplinary, and civil litigation history);(B) Meet the criteria in the policy for the specific examination that is the subject of the waiver request; and(C) Have not failed the examination that is the subject of the waiver request in the last five years.(2) Work experience an applicant submits pursuant to the following examination waiver policies must meet the criteria for qualifying work experience under TBPG rule §851.23 regarding qualifying experience record.(3) ASBOG® Fundamentals of Geology Examination Waiver. An applicant must have acquired one of the following combinations of education and work experience:(A) B.S. and 15 years qualifying work experience;(B) M.S. and 13 years qualifying work experience; or(C) Ph.D. and 10 years qualifying work experience.(4) ASBOG® Practice of Geology Examination Waiver. An applicant must meet minimum criteria in either Generalized Practice Experience or Specialized Practice Experience.(A) Generalized practice experience (must meet all four criteria):(i) Completed twenty (20) years of geosciences work experience;(ii) Completed ten (10) years of supervisory experience (three or more individuals under supervision);(iii) Completed coursework in six of the eight following ASBOG® task domains:(I) Field geology;(II) Mineralogy, petrology, and geochemistry;(III) Sedimentology, stratigraphy, and paleontology;(IV) Geomorphology, surficial processes, and quaternary geology;(V) Structure, tectonics, and seismology;(VI) Hydrogeology;(VII) Engineering geology; or(VIII) Economic geology and energy resources; and(iv) Demonstrate the ability to plan and conduct geosciences investigations considering public health, safety, and welfare.(B) Specialized practice experience: The applicant demonstrates twenty years or more of specialized work history in only one or two of the ASBOG® task domains. One factor TBPG will consider is whether the examination is not relevant to, or largely beyond the scope of, the applicant's specialized experience and the applicant's intended field of practice.(5) Council of Soil Science Examination (CSSE) - Fundamentals of Soil Science Waiver. An applicant must have acquired one of the following combinations of education and work experience:(A) B.S. and 15 years qualified work experience;(B) M.S. and 13 years of qualified work experience; or(C) Ph.D. and 10 years of qualified work experience.(6) Council of Soil Science Examination (CSSE) - Professional Practice examination. An applicant must meet minimum criteria in either Generalized practice experience or Specialized practice experience:(A) Generalized practice experience (must meet all four criteria):(i) Completed twenty (20) years of soil science work experience;(ii) Completed ten (10) years of supervisory experience;(iii) Completed coursework in six of the eight following CSSE Professional Practice Performance Objective (PPPO) domains:(I) Soil chemistry;(II) Soil mineralogy;(III) Soil fertility and nutrient management;(IV) Soil physics;(V) Soil genesis and classification;(VI) Soil morphology;(VII) Soil biology and soil ecology; or(VIII) Soil and land use management; and(iv) Demonstrate the ability to plan and conduct soil science investigations considering public health, safety, and welfare.(B) Specialized practice experience: The applicant demonstrates twenty years or more of specialized work history in only one or two of the CSSE PPPO domains. One factor TBPG will consider is whether the examination is not relevant to, or largely beyond the scope of, the applicant's specialized experience and the applicant's intended field of practice.(7) Texas Fundamentals of Geophysics Examination (TFGE). No waiver is available.(8) Texas Geophysics Examination (TGE). An applicant must meet minimum criteria in either Generalized Practice Experience or Specialized Practice Experience.(A) Generalized practice experience (must meet all four criteria):(i) Completed twenty (20) years of geophysics work experience;(ii) Completed ten (10) years of supervisory experience;(iii) Completed coursework in six of the eight areas:(I) Fundamentals of Geophysics;(II) Geophysical Field Methods;(III) Geophysical Signal Processing;(IV) Exploration/Applied Geophysics;(V) Engineering & Environmental Geophysics;(VI) Hydrogeophysics;(VII) Seismology; or(VIII) Near-surface Geophysics: Magnetics, Electromagnetic, Gravity, Electrical Resistivity, Seismic; and(iv) Demonstrate the ability to plan and conduct geophysical surveys considering public health, safety, and welfare.(B) Specialized practice experience: The applicant demonstrates twenty years or more of specialized work history in only one or two of the tasks domains. One factor TBPG will consider is whether the examination is not relevant to, or largely beyond the scope of, the applicant's specialized experience and the applicant's intended field of practice.(f) Substitution of Work Experience for Educational Requirements. Before the Appointed Board considers an application for substitution of work experience for an education requirement, the applicant seeking approval of the substitution must meet all of the following minimum criteria:(1) The applicant must pass, within three (3) attempts, the appropriate qualifying licensing examination (or a substantially similar examination), depending on the discipline in which the applicant seeks to be licensed, as follows:(A) Geology discipline: both the Fundamentals and Practice of Geology examinations administered by ASBOG®;(B) Geophysics discipline: the Texas Geophysics Examination (TGE); or(C) Soil Science discipline: both the Fundamentals and Practice examinations administered by the Council of Soil Science Examiners (CSSE);(2) The applicant must have at least 15 years of qualifying work experience, including the ability to apply scientific methods and to solve problems;(3) The applicant must demonstrate an established record of continuing education and workshop participation in geoscience fields; and(4) The applicant is highly encouraged to appear before the Application Review and Continuing Education Committee for presentation of qualifications.(g) Waiver of Education Requirement - Generally. Before the Appointed Board considers an application for education waiver, the applicant seeking a waiver of the education requirement must demonstrate mastery of a minimum required knowledge base in geoscience by meeting the following criteria:(1) The applicant must demonstrate all of the following:(A) A four-year degree in a field of basic or applied science that includes at least 15 hours of courses in geosciences from an accredited institution of higher education or the equivalent of a total of at least 15 hours of courses in geoscience from an accredited institution of higher education and/or other educational sources, as determined by the Appointed Board;(B) An established record of continuing education and workshop participation in geoscience fields; and(C) The Appointed Board may also determine that an individual applicant has satisfactorily completed other equivalent educational requirements after reviewing the applicant's educational credentials.(2) The applicant must have at least eight years of qualifying geoscience work experience; and(3) The applicant must pass the appropriate qualifying examination, depending on the discipline in which the applicant seeks to be licensed, as follows:(A) Geology discipline: both the Fundamentals and Practice examinations administered by ASBOG®;(B) Geophysics discipline: the Texas Geophysics Examination (TGE); or(C) Soil Science discipline: both the Fundamentals and Practice examinations administered by the Council of Soil Science Examiners (CSSE).(h) Education Waiver for License in Geology Discipline - Fundamentals. An individual who plans to apply for licensure as a Professional Geoscientist in the discipline of geology who does not fully meet the education requirement for licensure may take the ASBOG® Fundamentals of Geology examination as long as the applicant:(1) Has submitted any other necessary forms, documents, and fees; and(2) Has acknowledged that the Appointed Board must approve an education waiver request or approve the substitution of experience for education before the applicant may be licensed as a Professional Geoscientist and that the Appointed Board will not consider an education waiver or a request to substitute experience for education until after both the ASBOG® Fundamentals of Geology and Practice of Geology examinations have been passed.(i) Education Waiver for License in Geology Discipline - Practice. An applicant for licensure as a Professional Geoscientist in the discipline of geology who does not fully meet the education requirement for licensure may take the ASBOG® Practice of Geology examination as long as the applicant:(1) Meets or is within six months of meeting the qualifying experience requirement for licensure;(2) Submits the qualifying work experience claimed (or has verified qualifying work experience claimed through an alternate means, as provided by TBPG rules);(3) Has submitted a request for an education waiver or a substitution of experience for education;(4) Has submitted any other necessary forms, documents, and fees; and(5) Has acknowledged that the Appointed Board must approve the education waiver request or a request to substitute experience for education before the applicant may be licensed as a Professional Geoscientist and that the Appointed Board will not consider an education waiver or a request for substitution of experience for education until after both the ASBOG® Fundamentals of Geology and Practice of Geology examinations have been passed.(j) Education Waiver for License in Geophysics Discipline. An applicant for licensure as a Professional Geoscientist in the discipline of geophysics who does not fully meet the education requirement for licensure may take the Texas Geophysics Examination as long as the applicant:(1) Meets or is within six months of meeting the qualifying experience requirement for licensure;(2) Submits the qualifying work experience claimed (or has verified qualifying work experience claimed through an alternate means, as provided by TBPG rules);(3) Has submitted a request for an education waiver or a substitution of experience for education;(4) Has submitted any other necessary forms, documents, and fees; and(5) Has acknowledged that the Appointed Board must approve the education waiver request or a request to substitute experience for education before the applicant may be licensed as a Professional Geoscientist and that the Appointed Board will not consider an education waiver or a request for substitution of experience for education until after the Texas Geophysics Examination has been passed.", "sourceNote": "Source Note: The provisions of this §851.22 adopted to be effective October 31, 2018, 43 TexReg 7140; amended to be effective October 28, 2019, 44 TexReg 6374; amended to be effective March 6, 2022, 47 TexReg 947; amended to be effective September 21, 2022, 47 TexReg 5861; amended to be effective September 26, 2023, 48 TexReg 5550; amended to be effective December 24, 2023, 48 TexReg 7573." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196900", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.23", "label": "Qualifying Experience Record" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "192900", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants shall complete the Qualifying Experience Record on Application Form A and provide supplemental information to demonstrate the dates qualifying experience began and ended.(b) The experience record shall be written by the applicant, shall clearly describe the geoscience work that the applicant personally performed in each setting, and shall delineate the role of the applicant in any group geoscience activity.(c) The experience record should provide an overall description of the nature and scope of the work with emphasis on detailed descriptions of the geoscience work personally performed by the applicant to cover at least the minimum amount of time needed by the applicant for issuance of a license.(d) The experience record shall be written in sufficient detail to allow the Board staff to document the minimum amount of experience required.(e) The experience record must demonstrate evidence of the applicant's competency to be placed in responsible charge of geoscience services of a similar character.(f) Experience is qualifying if the applicant's duties and responsibilities included the performance of geoscience tasks or is acceptable to the TBPG. TBPG may accept research in or the teaching of a discipline of geoscience at the college or university level as qualifying work experience if the research or teaching, in the judgment of the TBPG, is comparable to work experience obtained in the practice of geoscience.(g) The Executive Director may require an applicant to provide additional information to adequately verify the applicant's experience.(h) Waiver of the Required Qualifying Work Experience. The Appointed Board has determined that the qualifying work experience required by statute for licensure is a necessary requirement that should not be waived. The Appointed Board does not offer waiver of this requirement for licensure.", "sourceNote": "Source Note: The provisions of this §851.23 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective September 25, 2017, 42 TexReg 5143; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective October 28, 2019, 44 TexReg 6374." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=192900&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "192900", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.25", "label": "Education Requirements and Equivalents" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176832", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant must have graduated from a course of study from an accredited university or program in one of the following disciplines of geoscience that consists of at least four years of study and includes at least 30 semester hours or 45 quarter hours of credit in geoscience, of which at least 20 semester hours or 30 quarter hours of credit must be in upper-level college courses in that discipline:(1) Geology or sub-discipline of geology including but not limited to engineering geology, petroleum geology, hydrogeology, and environmental geology;(2) Geophysics; or(3) Soil science.(b) Educational Equivalent. An applicant who has not met the education requirement as set forth in subsection (a) of this section may satisfy the education requirement by having satisfactorily completed other equivalent educational requirements as determined by the Appointed Board.(1) An applicant has satisfactorily completed other equivalent educational opportunities if the applicant has obtained a four year college or university degree or higher in any field and has completed at least 30 semester hours or 45 quarter hours of credit in geoscience, of which at least 20 semester hours or 30 quarter hours of credit is in upper-level college courses in geoscience.(2) The Appointed Board may also determine that an individual applicant has satisfactorily completed other equivalent educational requirements after reviewing the applicant's educational credentials.(c) An official transcript (including either grades or mark sheets and proof that the degree was conferred) shall be provided for the degree(s) utilized to meet the educational requirements for licensure. Official or notarized copies of transcripts shall be submitted to the TBPG. Official transcripts shall be forwarded directly to the TBPG office by the respective registrars. The applicant is responsible for ordering and paying for all such transcripts. Additional academic information including but not limited to grades and transfer credit shall be submitted to the TBPG at the request of the Executive Director.(d) If transcripts cannot be transmitted directly to the TBPG from the issuing institution, the Executive Director may recommend alternatives to the Appointed Board for its approval. Such alternatives may include validating transcripts in the applicant's possession through an Appointed Board-approved commercial evaluation service.(e) Degrees and coursework earned at foreign universities shall be acceptable if the degree conferred and coursework have been determined by a member of the National Association of Credential Evaluation Services (NACES) to be equivalent to a degree conferred by or coursework completed in an accredited institution or program. It is the applicant's responsibility to have degrees and coursework so evaluated. The commercial evaluation of a degree shall be accepted in lieu of an official transcript only if the credential evaluation service has indicated that the credential evaluation was based on a verified official academic record or transcript.(f) The relevance to the licensing requirements of academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs, bulletins, syllabi, or by other means.(g) The Board staff shall accept no coursework which an applicant's transcript indicates was not completed with a passing grade or for credit.(h) In evaluating two or more sets of transcripts from a single applicant, the Board staff shall consider a quarter hour of academic credit as two-thirds of a semester hour.", "sourceNote": "Source Note: The provisions of this §851.25 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective February 15, 2013, 38 TexReg 644; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective September 25, 2017, 42 TexReg 5143; amended to be effective October 31, 2018, 43 TexReg 7140." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176832&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176832", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.26", "label": "Licensing of Military Service Members, Military Veterans, and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This section sets out licensing procedures for military service members, military veterans, and military spouses required under Texas Occupations Code, Chapter 55 (relating to Licensing of Military Service Members, Military Veterans, and Military Spouses). For purposes of this section:(1) \"Active Duty\" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by §437.001, Government Code, or similar military service of another state.(2) \"Armed Forces of the United States\" means the army, navy, air force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.(3) \"Military service member\" means a person who is on active duty.(4) \"Military spouse\" means a person who is married to a military service member.(5) \"Military veteran\" means a person who has served on active duty and who was discharged or released from active duty.(b) An applicant shall provide documentation of the applicant's status as a military service member, military veteran, or military spouse. Acceptable documentation includes, but is not limited to, copies of official documents such as military service orders, marriage licenses, and military discharge records. The application of a person who fails to provide documentation of his or her status shall not be processed under the provisions of this section.(c) Upon request, an applicant shall provide acceptable proof of current licensure issued by another jurisdiction. Upon request, the applicant shall provide proof that the licensing requirements of that jurisdiction are substantially equivalent to the licensing requirements of this state.(d) An individual who holds a P.G. license or a GIT Certification issued by TBPG is exempt from any increased fee or other penalty imposed for failing to renew the license in a timely manner if the individual establishes to the satisfaction of TBPG that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.(e) A Military Service Member who holds a P.G. license or a GIT certification is entitled to two years of additional time to complete any continuing education requirement and any other requirement related to the renewal of the military service member's P.G. license or GIT certification.(f) The TBPG may issue a license to an applicant who is a military service member, military veteran, or a military spouse and who:(1) Holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for a P.G. license or a GIT certification in Texas; or(2) Within the five years preceding the application date held the P.G. license or GIT certification in Texas.(g) The executive director may waive any prerequisite to obtaining a license for an applicant described by subsection (f) after reviewing the applicant's credentials.(h) An applicant who is a military service member, military veteran, or a military spouse and who does not meet criteria in subsection (f) may provide an alternate demonstration of competency to meet the requirements for obtaining a P.G. license or a GIT certification.(i) TBPG may accept as an alternate method of demonstrating competence certain service, experience, training, or education obtained in the military that is verified and that is relevant to the practice of professional geoscience.(j) As soon as practicable after a military service member, military veteran or military spouse files an application for a license, Board staff shall:(1) Process the application; and(2) Issue a license to an applicant who qualifies for the license under this section. A license issued under this subsection may not be a provisional license and must confer the same rights, privileges, and responsibilities as a license not issued under this section.(k) This section may not apply to an applicant who:(1) Holds a restricted license issued by another jurisdiction;(2) Has held a license that was subject to disciplinary action in another jurisdiction; or(3) Has an unacceptable criminal history under the Texas Geoscience Practice Act, rules of the Board, or under Texas Occupations Code Chapter 53, related to Consequences of Criminal Conviction.(l) Upon the issuance of a license under subsection (g) of this section, Board staff shall notify the new licensee of the requirements for the license holder to renew the license. A license issued under subsection (g) shall be valid for a term of 12 months from the end of the month the license is issued.(m) TBPG shall waive the license application and examination fees paid to the state for an applicant who is:(1) A military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or(2) A military service member, military veteran, or military spouse who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state.(n) This section applies to an application for license filed with the TBPG on or after January 1, 2016, except for subsection (m), which applies to an application filed on or after September 1, 2015.", "sourceNote": "Source Note: The provisions of this §851.26 adopted to be effective March 15, 2016, 41 TexReg 1843." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170486", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.27", "label": "Replacement License Certificate or License Expiration Cards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208284", "queryAsDate": "03/11/2026" }, "ruleBody": "A new or duplicate license certificate, a new or duplicate license certificate expiration card, or a new wallet license expiration card to post in a secondary work location or to replace one lost, destroyed, or mutilated, may be issued, subject to the rules of the TBPG, on payment of the established fee. A licensee need not destroy his or her current license certificate, but shall remain responsible for its care and custody, including any misuse of the certificate.", "sourceNote": "Source Note: The provisions of this §851.27 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208284&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208284", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.28", "label": "Professional Geoscientist License Renewal and Reinstatement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208285", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board staff will mail or e-mail a renewal notice to the last recorded address of each licensee, at least sixty (60) days prior to the date the license is about to expire. Regardless of whether the renewal notice is received, it is the sole responsibility of the licensee to pay the required renewal fee together with any applicable penalty at the time of payment. A licensee may renew a current license up to sixty (60) days in advance of its expiration. An expired license may be renewed within three years of the license expiration date.(b) Upon the first renewal of a license, the licensure period will be prorated so that the new expiration date will be the last day of the licensee's birth month. The prorated renewal period will be for a minimum of four months and a maximum of fifteen months. Every subsequent expiration date shall be set for one year past the previous renewal date.(c) A late penalty fee of $50 will be charged for a complete renewal application and fee received or postmarked sixty-one (61) days after the licensee's expiration date.(d) The Appointed Board may refuse to renew a license if the licensee is the subject of a lawsuit regarding his/her practice of geoscience or is found censurable for a violation of TBPG laws or rules that would warrant such disciplinary action under §851.157 of this chapter.(e) A license that has been expired for sixty (60) days or less may be renewed by submitting a P.G. Renewal Application (Form B) and the annual renewal fee to the TBPG. The renewal fee for a license that is renewed within sixty (60) days of expiration is the fee that was in place at the time the license expired. The licensee must also submit a signed Statement of Affirmation (Form VII) indicating whether the licensee practiced as a P.G. when their license was expired. Information regarding unlicensed non-exempt public geoscience practice received under this section shall be referred to the enforcement division for appropriate action that could include the initiation of a complaint by the Board staff.(f) A license that has been expired for more than sixty (60) days and less than ten months from the license expiration date may be renewed by submitting to the TBPG a P.G. Renewal Application (Form B), the annual renewal fee, and the late penalty fee. The renewal fee for a license that is renewed for more than sixty (60) days and less than ten months of expiration is the fee that was in place at the time the license expired. The licensee must also submit a signed Statement of Affirmation (Form VII) indicating whether the licensee practiced as a P.G. when their license was expired. Information regarding unlicensed non-exempt public geoscience practice received under this section shall be referred to the enforcement division for appropriate action that could include the initiation of a complaint by the Board staff.(g) A license that has expired for ten months or more but less than three years after the license expiration date may be renewed by submitting to the TBPG a P.G. Renewal Application (Form B), the annual renewal fee for each year missed plus the current year's renewal fee, and the late penalty fee. The licensee must also submit a signed Statement of Affirmation (Form VII), indicating whether the licensee practiced as a P.G. when the license was expired. If an applicant for renewal who has met the requirements for renewal has practiced as a P.G. with the license expired, the license shall be renewed. Information regarding unlicensed practice received under this section shall be referred to the enforcement division for appropriate action that could include the initiation of a complaint by the Board staff.(h) A license that is allowed to expire for a period of three years after the license expiration date is permanently expired and may not be renewed. The former licensee may re-apply for a new license as provided by the Act and applicable TBPG rules and will have to meet all licensure requirements in said Act and rules at the time of re-application.(i) As per §1002.403 of the Act, the Appointed Board may suspend or revoke a license as disciplinary action against a licensee who is found censurable for a violation of the Act or rules.(1) A license that has been suspended can be reinstated by the Board staff only if the suspended licensee complies with all conditions of the suspension, which may include payment of fines, continuing education requirements, participation in a peer review program or any other disciplinary action outlined in the Board Order that suspended the license.(2) A license that has been revoked can be re-instated only if, by a majority vote, the Appointed Board approves reinstatement, given the applicant:(A) Re-applies and submits all required application materials and fees;(B) Successfully completes an examination in the required discipline of geoscience being sought for reinstatement if the applicant has not previously passed said examination; and(C) Provides evidence to demonstrate competency and that future non-compliance with the statute and rules of the TBPG will not occur.(j) Pursuant to Texas Occupations Code §55.002, a licensee is exempt from any increased fee or other penalty imposed in this section for failing to renew the license in a timely manner if the licensee provides adequate documentation, including copies of orders, to establish to the satisfaction of the Executive Director that the licensee failed to renew in a timely manner because the licensee was serving on active duty in the United States armed forces outside of Texas.(k) The application fee is non-refundable.", "sourceNote": "Source Note: The provisions of this §851.28 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective October 1, 2013, 38 TexReg 5731; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208285&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208285", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.29", "label": "Endorsement and Reciprocal Licensure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208286", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Endorsement.(1) Endorsement is the process whereby TBPG, based on review of evidence of having completed a requirement for licensure for an equivalent license in another jurisdiction, determines that the applicant has met a requirement for licensure as a Professional Geoscientist.(2) An applicant for a Professional Geoscientist license who is currently or has been licensed or registered in the last ten years to practice a discipline of geoscience in Texas or another United States jurisdiction (state, commonwealth, or territory, including the District of Columbia) or another country may be eligible to demonstrate having met all or some of the qualifications for licensure through endorsement.(3) The Board staff will only consider documentation provided to the TBPG directly from a licensing authority that has issued a license to the applicant. It is the responsibility of the applicant to ensure that the licensing authority provides information to the TBPG and pays any associated costs.(4) For the Board staff to consider evidence supporting the endorsement of a licensing qualification, the applicant must ensure that his or her licensing authority provides:(A) Verification that the license is current or was held in the past ten years from the date of application; and(B) Verification of the specific requirements that were met to become licensed.(5) Verification may be in the form of:(A) A document signed by an authorized agent of the jurisdiction indicating the specific qualifications that were met to become licensed; and/or(B) Copies of specific documents that were submitted to the licensing authority to document having met a specific requirement.(6) The TBPG may accept, deny or grant partial credit for requirements completed in a different jurisdiction.(b) Reciprocal Licensure.(1) Licensure by reciprocity agreement.(A) Licensure by reciprocity agreement is the process whereby an applicant for licensure as a Professional Geoscientist in Texas who is currently licensed as a Professional Geoscientist (or equivalent license) in another United States jurisdiction (state, commonwealth or territory, including the District of Columbia) or another country becomes licensed in Texas and the process whereby an applicant currently licensed as a Professional Geoscientist in Texas applying for licensure as a Professional Geoscientist (or equivalent license) in the other jurisdiction becomes licensed in the other jurisdiction under the terms of a formal reciprocity agreement between the two jurisdictions.(B) An applicant who holds a current license in a jurisdiction with which the TBPG has a reciprocity agreement may apply for licensure under the terms of the specific reciprocity agreement between the two jurisdictions.(C) The TBPG shall maintain a list of each jurisdiction in which the requirements and qualifications for licensure or registration are comparable to those established in this state and with which a reciprocity agreement exists.(2) Licensure by similar examination. An individual who is licensed or registered to practice a discipline of geoscience in another United States jurisdiction (state, commonwealth, or territory, including the District of Columbia) or another country who has applied for licensure as a Professional Geoscientist under this subsection may meet the licensing examination requirement by submitting proof of passage of examination(s) that is/are substantially similar to the applicable examination(s) as specified in §851.21 of this chapter.(3) Licensure by recognition of licensed experience in another jurisdiction. An applicant for a Professional Geoscientist license who is currently licensed or registered to practice a discipline of geoscience in another United States jurisdiction (state, commonwealth, or territory, including the District of Columbia) or another country who was licensed without examination, i.e. \"grandfathered\" shall be deemed to have met the examination requirement upon verification of the following:(A) Verification of a valid licensure in the other jurisdiction. The applicant requesting licensure under this subsection must be in good standing with the jurisdiction in which that individual holds their current license as a professional geologist or geoscientist;(B) Verification of at least five (5) years of responsible professional geoscience work experience since the date of their initial licensure;(C) Verification that licensure was maintained continuously (including sequential licensure, if a license was held in more than one jurisdiction) during the five (5) years prior to application with the TBPG;(D) Verification of having met the education requirement for licensure; and(E) Verification that no complaint is pending against the applicant, that no complaint against the applicant has been substantiated, and no disciplinary action has ever been taken against the applicant.(4) The applicant seeking licensure under this subsection shall be responsible for contacting the jurisdiction(s) in which the applicant is currently licensed and all jurisdictions in which the applicant has ever been licensed and cause to have verification of information in subparagraphs (A) - (E) of paragraph (3) of this subsection submitted to TBPG.", "sourceNote": "Source Note: The provisions of this §851.29 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective July 1, 2012, 37 TexReg 4596; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective November 24, 2016, 41 TexReg 9138; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208286", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.30", "label": "Firm Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208287", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration required. Unless an exemption applies, as outlined in Texas Occupations Code §1002.351(b), a firm may engage in the public practice of geoscience only if the firm is currently registered with the TBPG; and(1) The geoscience services are performed by, or under the supervision of, a Professional Geoscientist who is in responsible charge of the work and who signs and seals all geoscientific reports, documents, and other records as required by this chapter; or(2) The business of the firm includes the public practice of geoscience as determined by TBPG rule, and a principal of the firm or an officer or director of the corporation is a Professional Geoscientist and has overall supervision and control of the geoscience services performed in this state. As provided in §851.10(23) of this chapter, the term Geoscience Firm (Firm) includes a sole practitioner registered with TBPG as a Geoscience Firm, a co-partnership, corporation, partnership, limited liability company, joint stock association, or other business organization that is registered with the TBPG as a Geoscience Firm. For the purposes of this section, the term \"public\" includes, but is not limited to, political subdivisions of the state, business entities, and individuals. This section does not apply to an engineering firm that performs service or work that is both engineering and geoscience.(b) Unless registered by the TBPG or exempt from registration under Texas Occupations Code §1002.351 or elsewhere in this section, an individual or firm may not represent to the public that the individual or firm is a Professional Geoscientist or is able to perform geoscience services or prepare a geoscientific report, document, or other record that requires the signature and seal of a license holder under Texas Occupations Code §1002.263(b).(c) A currently licensed P.G. who offers services as a sole practitioner--either unincorporated or incorporated--is exempt from the firm registration requirements in this section provided that the sole practitioner does not employ, contract or subcontract with another person (full-time or part-time) to perform geoscience work for the sole practitioner. A P.G. who is exempt from the firm registration requirements under this section and who offers services under an assumed name must report the assumed name to the TBPG. A P.G. who is otherwise exempt from the firm registration requirements under this section may choose to register as a Geoscience Firm and pay the current Geoscience Firm registration fee.(d) Registration requirements. To be eligible to register as a Geoscience Firm, the firm must:(1) Identify an Authorized Official of a Firm who shall be responsible for submitting the application for the initial registration of the Firm with the TBPG; ensuring that the Firm maintains compliance with the requirements of registration; ensuring that the Firm renews its registration status as long as the Firm offers or provides professional geoscience services; ensuring that each geoscientist in the firm's employment who performs or supervises geoscience work maintains a current P.G. license; and communicating with the TBPG regarding any other necessary matter;(2) Operate under a business model such that:(A) The geoscience services are performed by, or under the supervision of, a licensed Professional Geoscientist who is in responsible charge of the work and who ensures that the Geoscience Firm complies with all laws, codes, rules, and standards applicable to the public practice of geoscience and who signs and seals all geoscientific reports, documents, and other records as required by this chapter and ensures that all geoscientific reports, documents, and other records are signed and sealed by a licensed Professional Geoscientist; or(B) The principal business of the Geoscience Firm is the public practice of geoscience as determined by TBPG rule and a principal of the Geoscience Firm or an officer or director of the corporation is a licensed Professional Geoscientist and has overall supervision and control of the geoscience services the Geoscience Firm performs in this state;(3) Identify the firm's business model and the Professional Geoscientist who fulfills the role of the licensed Professional Geoscientist in paragraph (2) of this subsection;(4) Submit a Firm Registration Application (Form C), in accordance to the procedures outlined in subsection (e) of this section;(5) Upon initial application, affirm that the licensed Professional Geoscientist performing or supervising the geoscience services for the firm is an employee, or affirm that the applicant is a sole proprietor who is a P.G. with no employees. A Geoscience Firm shall provide evidence of employment status upon request of the Board staff or an Appointed Board Member.(e) Firm Registration Application Process.(1) The Authorized Official of a firm shall complete and submit, along with the required application fee, the form furnished by the TBPG that includes, but is not limited to, the following information listed in subparagraphs (A) - (F) of this paragraph:(A) The name, address, and phone number of the firm offering to engage or engaging in the practice of professional geoscience for the public in Texas;(B) The name, position, address, and phone numbers of each officer or director;(C) The name, address and current active Texas Professional Geoscientist license number of each employee performing geoscience services for the public in Texas on behalf of the firm;(D) The name, location, and phone numbers of each subsidiary or branch office offering to engage or engaging in the practice of professional geoscience for the public in Texas, if any;(E) The federal employer identification number (EIN) for the firm, unless the firm is an unincorporated sole-practitioner; and(F) A signed statement attesting to the correctness and completeness of the application.(2) After receiving all of the required materials and fees, and after the firm has satisfied the requirements in this section, TBPG will register the firm and will assign to the firm a unique Geoscience Firm registration number. The new firm registration shall expire at the end of the calendar month occurring one year after the firm registration is issued.(3) An application is active for one year after the date that it is filed with the TBPG. An application expires on the one-year anniversary of the date it was filed with TBPG.(4) Obtaining or attempting to obtain a firm registration by fraud or false misrepresentation is grounds for an administrative sanction and/or penalty.(5) An application is not reviewed until the application and fee have been received in the TBPG office. TBPG will notify an applicant of any deficiencies in the application.(6) The applicant should respond, within forty-five (45) days, to a deficiency notice it receives from TBPG and should correct deficiencies within that time, if possible. If an applicant does not respond to a deficiency notice or does not ensure that necessary documents are provided to the TBPG office, the application will expire, as scheduled, one year after the date it became active.(f) The initial certificate of registration shall be valid for a period of one year from the date it is issued, plus any days remaining through the end of that month. A renewed firm registration is valid for a period of one year from the expiration date of the firm registration being renewed.(g) A Geoscience Firm's completed and approved registration is the legal authority granted the holder to actively offer or practice professional geoscience upon meeting the requirements as set out in the Act and TBPG Rules. When a firm registration is issued, a firm registration wall certificate, the first firm registration certificate expiration card, and the first portable firm registration expiration card is provided to the new Geoscience Firm. The firm registration wall certificate shall bear the name of the Geoscience Firm, the firm's unique Geoscience Firm registration number, and the date the firm registration was originally issued. The firm registration wall certificate is not valid proof of current registration as a firm, unless it is accompanied by the firm registration certificate expiration card and the date on the firm registration certificate card is not expired. The firm registration certificate expiration card shall bear the name of the firm, the firm's unique firm registration license number, and the date the firm registration will expire, unless it is renewed. The portable firm registration expiration card shall bear the name of the firm, the unique Geoscience Firm registration number, and the date the registration will expire, unless it is renewed.(h) At least sixty (60) days in advance of the date of the expiration, the Board staff shall notify each Geoscience Firm of the date of the expiration and the amount of the fee that shall be required for its annual renewal. The registration may be renewed by completing the renewal application and paying the annual registration renewal fee set by the Appointed Board. It is the sole responsibility of the Geoscience Firm to pay the required renewal fee prior to the expiration date, regardless of whether the renewal notice is received.(i) A certificate of registration which has been expired for less than one (1) year may be renewed by completing a Firm Registration Renewal Application (Form D), along with an affirmation signed by the Authorized Official of a Geoscience Firm indicating whether professional geoscience services were offered, pending, or performed for the public in Texas when the Firm's registration was expired, and payment of a $50 late renewal penalty. If a Geoscience Firm under application for late Firm registration renewal has met the requirements for renewal and has indicated that the geoscience services were offered, pending, or performed for the public in Texas while the Firm's registration was expired, the Firm's registration shall be renewed. An application for late renewal of a firm registration will not be rejected solely on the basis that the firm engaged in geoscience activity while the license was expired. Information regarding unregistered geoscience practice received under this section shall be referred to the enforcement division for appropriate action that could include the initiation of a complaint by the Board staff. A Firm registration that has been expired for more than one year is permanently expired and may not be renewed; a new application is required.", "sourceNote": "Source Note: The provisions of this §851.30 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective February 15, 2013, 38 TexReg 644; amended to be effective June 1, 2013, 38 TexReg 3352; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 18, 2015, 40 TexReg 1384; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective September 25, 2017, 42 TexReg 5143; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208287&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208287", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.31", "label": "Temporary P.G. License and Temporary Firm Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208288", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Temporary P.G. License. The TBPG may issue a temporary license to an applicant as described in §1002.258(a) of the Act.(b) Temporary Firm Registration.(1) The Board may issue a temporary license to a firm that is licensed or registered in another state or foreign country and wishes to engage temporarily in the public practice of geoscience in this state and that does not have an established place of business in this state.(2) An applicant for a temporary firm registration must:(A) Apply to the Board for a temporary firm registration;(B) Provide proof of firm licensure or registration in another state or foreign country;(C) Pay the appropriate fee listed in §851.80(D) Include in the application the name and P.G. license number of the Professional Geoscientist licensed in Texas who will take Responsible Charge of the firm's geoscience work;(E) Affirm and acknowledge that all signed and sealed work products must include the seal of the firm for the non-Texas jurisdiction in which the firm is licensed or registered, the temporary Texas firm registration number, and the expiration date of the temporary registration; and(F) Affirm and acknowledge that the firm must submit or deliver the work product on or before the date the temporary registration expires.(c) A temporary firm registration issued under subsection (b) of this section expires on the 90th day after the date of issuance.", "sourceNote": "Source Note: The provisions of this §851.31 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective November 24, 2016, 41 TexReg 9138; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208288&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208288", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.32", "label": "Continuing Education Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "181029", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each licensee shall meet the Continuing Education Program (CEP) requirements for professional development as a condition for license renewal.(b) Terms used in this section are defined as follows:(1) Professional Development Hour (PDH)--A contact hour (clock hour) of CEP activity. PDH is the basic unit for CEP reporting.(2) Continuing Education Unit (CEU)--Unit of credit customarily used for continuing education courses. One continuing education unit equals 10 hours of class in an approved continuing education course.(3) College/Unit Semester/Quarter Hour--Credit for course in a discipline of geoscience or other related technical elective of the discipline.(4) Course/Activity--Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the licensee's field of practice.(c) Every P.G. licensee is required to obtain 15 continuing education hours (PDH units) during a standard renewal period year (one year). The continuing education requirement for a license that is renewed for a period less than one year per §851.28(b) of this chapter shall be prorated.(d) A minimum of 1 PDH per renewal period must be in the area of professional ethics, roles and responsibilities of Professional Geoscientists, or review of the Texas Geoscientist Practice Act and TBPG rules.(e) If a licensee exceeds the annual requirement in any renewal period, a maximum of 30 PDH units may be carried forward into the subsequent renewal periods.(f) PDH units may be earned as follows:(1) Successful completion or auditing of college credit courses.(2) Successful completion of continuing education courses, either offered by a professional or trade organization, university or college, or offered in-house by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.(3) Successful completion of correspondence, on-line, televised, videotaped, and other short courses/tutorials.(4) Presenting or attending qualifying seminars, in-house courses, workshops, or professional or technical presentations made at meetings, conventions, or conferences sponsored by a corporation, other business entity, professional or technical societies, associations, agencies, or organizations, or other group.(5) Teaching or instructing as listed in paragraphs (1) - (4) of this subsection.(6) Authoring published papers, articles, books, or accepted licensing examination items.(7) Active participation in professional or technical societies, associations, agencies, or organizations, including:(A) Serving as an elected or appointed official;(B) Serving on a committee of the organization; or(C) Serving in other official positions.(8) Patents issued.(9) Engaging in self-directed course work.(10) Software programs published.(g) All activities described in subsection (f) of this section shall be relevant to the practice of a discipline of geoscience and may include technical, ethical, or managerial content.(h) The conversion of other units of credit to PDH units is as follows and subject to subsection (g) of this section:(1) 1 College or unit semester hour--15 PDH.(2) 1 College or unit quarter hour--10 PDH.(3) 1 Continuing Education Unit (CEU)--10 PDH.(4) 1 Hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions, or conferences--1 PDH.(5) 1 Hour of professional development through self-directed course study (Not to exceed 5 PDH)--1 PDH.(6) Each published paper or article--10 PDH and book--45 PDH.(7) Active participation, as defined in subsection (f)(7) of this section, in professional or technical society, association, agency, or organization (Not to exceed 5 PDH per year)--1 PDH.(8) Each patent issued--15 PDH.(9) Each software program published--15 PDH.(10) Teaching or instructing as described in subsection (f)(5) of this section--3 times the PDH credit earned.(i) Determination of Credit:(1) The Appointed Board shall be the final authority with respect to whether a course or activity meets the requirements of this chapter.(2) The Board staff shall not pre-approve or endorse any CEP activities. It is the responsibility of each licensee to use his/her best professional judgment by reading and utilizing the rules and regulations to determine whether all PDH credits claimed and activities being considered meet the continuing education requirement. However, a course provider may contact the Board staff for an opinion for whether or not a course or technical presentation would meet the CEP requirements.(3) Credit for college or community college approved courses will be based upon course credit established by the college.(4) Credit for qualifying seminars and workshops will be based on one PDH unit for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings will earn PDH units for the actual time of each program.(5) Credit for self-directed course work will be based on one PDH unit for each hour of study and is not to exceed 5 PDH per renewal period. Credit determination for self-directed course work is the responsibility of the licensee.(6) Credit determination for activities described in subsection (h)(6) of this section is the responsibility of the licensee.(7) Credit for activity described in subsection (h)(7) of this section requires that a licensee serve as an officer of the organization, actively participate in a committee of the organization, or perform other activities such as making or attending a presentation at a meeting or writing a paper presented at a meeting. PDH credits are not earned until the end of each year of service is completed.(8) Teaching credit, as defined in subsection (f)(5) of this section, is valid for teaching a course or seminar for the first time only.(j) The licensee is responsible for maintaining records to be used to support credits claimed. Records required include, but are not limited to:(1) A log, showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits earned; and(2) Attendance verification records in the form of completion certificates, receipts, attendance roster, or other documents supporting evidence of attendance.(k) The licensee must submit CEP certification on the log and a list of each activity, date, and hours claimed that satisfy the CEP requirement for that renewal year when audited. A percentage of the licenses will be randomly audited each year.(l) CEP records for each licensee must be maintained for a period of three years by the licensee.(m) CEP records for each licensee are subject to audit by the Board staff.(1) Copies must be furnished, if requested, to the Board staff for audit verification purposes.(2) If upon auditing a licensee, the Board staff finds that the activities cited do not fall within the bounds of educational, technical, ethical, or professional management activities related to the practice of geoscience, the Board staff shall determine that the continuing education audit was not passed and refer the issue to the Enforcement Coordinator for appropriate action, which may include opening a complaint against the licensee for potential violations.(n) A licensee may be exempt from the professional development educational requirements for a specific renewal period or periods for one of the following reasons listed in paragraphs (1) - (4) of this subsection:(1) New licensees that were licensed by passage of any part of the required licensing examinations shall be exempt for their first renewal period.(2) A licensee serving on active duty and deployed outside the United States, its possessions and territories, in or for the military service of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining the professional development hours required during that year.(3) A licensee employed outside the United States, its possessions and territories, actively engaged in the practice of geoscience for a period of time exceeding three hundred (300) consecutive days in a year shall be exempt from obtaining the professional development hours required during that year except for five (5) hours of self-directed course work.(4) A licensee who is impacted by a long term physical disability or illness (of the licensee or a family member or other person) may be exempt.(5) Supporting documentation must be furnished to the TBPG. The Executive Director shall review circumstances and documentation and make a decision. A licensee may appeal a decision of the Executive Director to an appropriate Committee or the full Appointed Board, as appropriate.(o) A licensee may bring an expired license to active status by obtaining all delinquent PDH units. However, if the total number required to become current exceeds 30 PDHs, including 2 PDHs of professional ethics, roles and responsibilities of Professional Geoscientists, then 30 PDHs (including 2 PDHs of ethics) shall be the maximum number of PDHs required.(p) Noncompliance:(1) If a licensee does not certify that CEP requirements have been met for a renewal period, the license shall be considered expired and subject to late fees and penalties.(2) A licensee must submit the CEP certification log and supporting records for credits claimed not later than 30 days after the Board sends an audit notification and request for a log and supporting documentation to the licensee's last known address as shown by the Board's records. Failure to timely submit a CEP certification log and supporting records for credits claimed is grounds for disciplinary action.(3) A licensee must satisfy CEP requirements. Failure to satisfy CEP requirements during the applicable period is grounds for disciplinary action.(4) Falsely reporting that CEP requirements have been met for a renewal period is misconduct and will subject the licensee to disciplinary action.", "sourceNote": "Source Note: The provisions of this §851.32 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective October 1, 2013, 38 TexReg 5731; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective November 24, 2016, 41 TexReg 9138; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=181029&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "181029", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.35", "label": "Voluntary Surrender of a License, Registration or Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208289", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A license holder who does not wish to maintain a license, registration, or certification may voluntarily surrender the license, registration, or certification by submitting a request in writing on a form prescribed by the TBPG, provided that the license holder:(1) has a current license, registration, or certification;(2) is not out of compliance with a disciplinary order;(3) does not have a complaint pending; and(4) is not under a continuing education audit.(b) The effective date of a voluntary surrender of a license shall be the date that the Board accepts the surrender and will mark the termination of the licensee's license, registration, or certification.(c) Any fees paid on the license, registration, or certification shall not be refunded upon surrender.(d) A license, registration, or certification that has been voluntarily surrendered may not be renewed. A licensee who has voluntarily surrendered a license, registration, or certification may apply for a new license, registration, or certification.(e) The Board maintains jurisdiction over a complaint filed against a licensee alleging violation of the TBPG's Code of Professional Conduct that occurred prior to the date of surrender of the license, registration, or certification.", "sourceNote": "Source Note: The provisions of this §851.35 adopted to be effective November 24, 2016, 41 TexReg 9138." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208289", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.40", "label": "Geoscientist-in-Training (GIT)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206511", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The GIT certification is intended for individuals who wish to express the intent to become a Professional Geoscientist while they are gaining qualifying geoscience work experience. Individuals who meet the educational requirements of §1002.255(a)(2)(A) of the Act and have successfully passed an examination as specified in §851.21 of this chapter are eligible to apply for GIT certification. This certification does not entitle an individual to practice as a licensed Professional Geoscientist.(b) Upon accruing 5 years of post graduate geoscience work experience, individuals who are GIT certified and in good standing with the TBPG may apply for licensure as a Professional Geoscientist by submitting the following:(1) TBPG Application for P.G. Licensure (Form A);(2) The application fee as detailed in §851.80 of this chapter;(3) The required evidence of qualifying work experience as described in §851.23 of this chapter; and(4) Proof of having passed one of the following discipline specific examinations:(A) ASBOG® Practice of Geology;(B) Council of Soil Science Examiners (CSSE) Soil Science Practice Examination; or(C) Texas Geophysics Examination.", "sourceNote": "Source Note: The provisions of this §851.40 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective October 28, 2019, 44 TexReg 6374; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206511&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206511", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.41", "label": "Geoscientist-in-Training Certification Requirements and Application Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213760&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213760", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To qualify for certification, an applicant must meet the following requirements:(1) Educational requirements for licensure as a P.G. as established in §851.25(a) of this chapter.(2) Passed one of the following examinations:(A) Geology discipline: ASBOG® Fundamentals of Geology Examination;(B) Soil Science discipline: Council of Soil Science Examiners (CSSE) Soil Science Fundamentals Examination; or(C) Geophysics discipline: The Texas Fundamentals of Geophysics Examination (TFGE).(3) Application fee published in §851.80 of this chapter.(b) Application Procedure:(1) Submit a GIT Certification Application (Form H);(2) Submit an official academic transcript in accordance with §851.25(b) of this chapter; and(3) Pay the application fee.(c) An applicant who has been granted an exemption from an examination described by (a)(2) of this section is not eligible to become a GIT.", "sourceNote": "Source Note: The provisions of this §851.41 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective October 28, 2019, 44 TexReg 6374; amended to be effective October 28, 2021, 46 TexReg 7214." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213760&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213760", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.43", "label": "GIT Certification Period and Renewal" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170495", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An initial GIT certification is valid for one year and may be renewed annually.(b) A GIT certificate expires at the end of the month one year from the date of issuance, and can be renewed annually if the individual:(1) Submits a GIT Certification Renewal Application (Form J) and pays the fee established by the Appointed Board;(2) Accumulates eight or more Professional Development Hours (PDH) as described in §851.32 of this chapter throughout the prior certification year to include one hour of ethics training; and(3) Remains in good standing with the TBPG.(c) A GIT is exempt from the continuing education requirement during the first renewal period. The continuing education requirement must be met in subsequent renewals.", "sourceNote": "Source Note: The provisions of this §851.43 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947; amended to be effective June 14, 2023, 48 TexReg 2965." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170495&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170495", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.44", "label": "Use of the Title \"Geoscientist-in-Training\"" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208006", "queryAsDate": "03/11/2026" }, "ruleBody": "Individuals who are certified as a Geoscientist-in-Training may use \"GIT\" or \"Geoscientist-in-Training\" as a title after their name, providing these designations are not used in conjunction with or preceded by the word \"licensed\" or any other words that might lead one to believe they are licensed as a Professional Geoscientist.", "sourceNote": "Source Note: The provisions of this §851.44 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208006", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.80", "label": "Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208291", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All fees are non-refundable.(b) P.G. application and license fee--$255.(c) Examination processing fee--$25.(d) Applicable examination fees:(1) Geology--Fundamentals and Practice as determined by ASBOG®.(2) Geophysics--Texas Fundamentals of Geophysics Examination--$75.(3) Geophysics--Texas Geophysics Examination--$175.(4) Soil Science--Fundamentals and Practice as determined by the Council of Soil Science Examiners (CSSE).(e) Issuance of a revised or duplicate license wall certificate--$25.(f) P.G. renewal fee--$223 or as prorated under §851.28(b) of this chapter. The fee for annual renewal of licensure for any individual sixty-five (65) years of age or older, permanently disabled, or under a significant medical hardship, as determined by the Executive Director, as of the renewal date shall be half the current renewal fee.(g) Late renewal penalty--$50.(h) Fee for affidavit of licensure--$15.(i) Verification of licensure--$15.(j) Temporary license--$200 / Temporary Firm Registration--$250.(k) Firm registration application--$300.(l) Firm registration renewal--$300.(m) Insufficient funds fee--$25.(n) Application for Geoscientist-in-Training certification--$25.(o) Annual renewal of Geoscientist-in-Training certification--$25.(p) Texas Geophysics Examination Proctored Review--$50.", "sourceNote": "Source Note: The provisions of this §851.80 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 18, 2015, 40 TexReg 1384; amended to be effective September 25, 2017, 42 TexReg 5143; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective October 28, 2021, 46 TexReg 7214; amended to be effective March 6, 2022, 47 TexReg 951." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208291&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208291", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "B", "label": "P.G. LICENSING, FIRM REGISTRATION, AND GIT CERTIFICATION" }, "rule": { "number": "§851.85", "label": "Contingent Emergency/Disaster Response Actions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208007", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the event of a declared emergency or disaster, the Executive Director may implement one or more temporary measures, as provided in this section, if the following conditions exist:(1) The Governor of the State of Texas declares a disaster under Government Code, §418.014, or if the Executive Director determines that there is an emergency affecting the public health, safety, and welfare; and(2) the Executive Director, in consultation with the TBPG Board Chairman, determines that enacting available temporary measures is necessary in the specified disaster or emergency area.(b) Emergency Response Actions.(1) Expiration dates for some or all license types may be extended. TBPG may extend the expiration date of a license as a Professional Geoscientist, a certification as a Geoscientist-in-Training, or a registration for a Geoscience Firm.(2) Temporary suspension of certain fees. TBPG may temporarily suspend the regular fees for duplicate license certificates, duplicate wall or wallet license expiration cards, or certain license verifications during the period of time that TBPG deems appropriate to address the emergency or disaster.(3) Continuing education requirements for the renewal of a license or certification may be temporarily suspended or deadlines extended.(4) The issuance of an emergency license as a Professional Geoscientist, valid for one year and is not renewable. To be eligible for an emergency license as a Professional Geoscientist under this section, an applicant must:(A) submit a completed application on the appropriate TBPG form;(B) provide proof of licensure in good standing as a Professional Geoscientist or Professional Geologist in another U.S. state jurisdiction;(C) follow all of the laws and rules applicable to the non-exempt public practice of geoscience in Texas, including the registration of a Geoscience Firm; and(D) pay the application and one-year license fee for the license for which the applicant has applied and any other applicable fee.(c) The Executive Director, in consultation with the TBPG Board Chairman, may implement all or some contingent emergency response actions available under this section, depending on the circumstances and overall needs of the State of Texas and TBPG's licensees.(d) The Executive Director may take other reasonable administrative actions warranted by the circumstances including, but not limited to, suspension of certain complaint investigations and complaint case adjudication actions, extension of deadlines in certain Board orders, suspension of certain continuing education audits, or expedition of certain Professional Geoscientist license or Geoscience Firm applications.(e) The Executive Director shall ensure that notifications of emergency measures taken are communicated to all members of the Appointed Board, all affected license holders, and the general public, to the extent that it is feasible and as soon as it is feasible. The Executive Director may use various methods including, but not limited to, posting notices to the agency website and sending e-mails, letters, or postcards.(f) Actions taken by the Executive Director under this section are effective only until the next regular or special meeting of the Appointed Board. The Appointed Board shall review all actions taken by the Executive Director under this section at the next regular or special meeting of the Appointed Board. The Appointed Board shall take action to either continue the actions taken by the Executive Director under this section for a specified amount of time, with or without modifications; or to discontinue the actions taken by the Executive Director under this section.", "sourceNote": "Source Note: The provisions of this §851.85 adopted to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208007", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.101", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208008", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter is promulgated pursuant to the Act, Texas Occupations Code (TOC), §1002.153, which directs the Appointed Board to adopt a code of professional conduct that is binding on all license holders under the Act and provides that the Appointed Board may enforce the code by imposing sanctions, as provided by the Act or this chapter. Except as otherwise noted, this subchapter applies only to situations which are related to the practice of professional geoscience.(b) Any person who holds a Professional Geoscientist (P.G.) license, is a Geoscience Firm, or who holds a certificate as a Geoscientist-in-Training (GIT) is responsible for understanding and complying with the Act, rules adopted by the Appointed Board, and any other law or rule pertaining to the practice of professional geoscience. Any person under application for, currently holding, or eligible to renew a license, registration, or certification issued by the Texas Board of Professional Geoscientists (TBPG) is bound by the provisions of the Act and this chapter. The TBPG maintains jurisdiction over a license, registration, or certification it issues as long as the license, registration, or certification is current or renewable.(c) A P.G., a Firm, or a person who holds a certificate as a GIT having knowledge of any alleged violation of the Act and/or TBPG rules shall cooperate with the TBPG in furnishing such information as may be required.(d) A P.G., a Firm, or a person who holds a certificate as a GIT shall timely answer all inquiries concerning matters under the jurisdiction of the TBPG and shall fully comply with final decisions and orders of the Appointed Board. Failure to comply with these matters shall constitute a separate offense of misconduct subject to the penalties provided under the Act or this Chapter.(e) The Appointed Board may take disciplinary actions as provided in §1002.403 of the Act for reasons stated in §1002.402 of the Act.(f) This subchapter is not intended to suggest or define standards of care in civil actions against P.G.s, GIT, or Firms involving their professional conduct.(g) A P.G. or a Firm may donate professional geoscience services to charitable causes but must adhere to all provisions of the TBPG Act and rules for all geoscience services rendered, regardless of whether the P.G. or Firm is paid for the geoscience services.(h) A P.G. or a GIT who is presenting geoscientific fact testimony, including geoscientific interpretation, analysis, or conclusions, or recommending geoscientific work before any public body or court of law, whether under sworn oath or not, must adhere to all provisions of the Act and the rules of the TBPG in the provision of all professional geoscience services rendered, regardless of whether the P.G. is paid for the service.", "sourceNote": "Source Note: The provisions of this §851.101 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2014, 38 TexReg 9368; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208008&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208008", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.102", "label": "Competence/Negligence" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208009", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Professional Geoscientist or a Geoscience Firm shall undertake to perform a professional service only when the Professional Geoscientist or Geoscience Firm, together with those whom the Professional Geoscientist or Geoscience Firm shall engage as consultants, are qualified by education and/or experience in the specific technical areas involved. During delivery of a professional service, a Professional Geoscientist or Geoscience Firm shall act with reasonable care and competence and shall apply the technical knowledge and skill, which is ordinarily applied by reasonably prudent Professional Geoscientists practicing under similar circumstances and conditions.(b) A Professional Geoscientist shall not affix his/her signature or seal to any document dealing with subject matter in which he/she is not qualified by education and/or experience to form a reasonable judgment.(c) A Professional Geoscientist or a Geoscience Firm shall not engage in conduct or perform professional geoscience services characterized by Gross Incompetence including work that evidenced an inability or lack of skill or knowledge necessary to discharge the duty and responsibility required of a Professional Geoscientist or Geoscience Firm; or evidenced an extreme lack of knowledge of, or an inability or unwillingness to apply, the principles or skills generally expected of a reasonably prudent Professional Geoscientist or Geoscience Firm.(d) A Professional Geoscientist who has been adjudicated mentally incompetent by a court may not renew a license or engage in activities requiring a license under the Act.", "sourceNote": "Source Note: The provisions of this §851.102 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208009&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208009", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.103", "label": "Recklessness" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208010", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Professional Geoscientist or Geoscience Firm shall not practice geoscience in any manner that, when measured by generally accepted geoscience standards or procedures, does or is reasonably likely to result in the endangerment of public health, safety, or welfare. Such practice is deemed to be \"reckless.\"(b) \"Recklessness\" shall include the following practices:(1) Conduct that indicates that the Professional Geoscientist or Geoscience Firm is aware of yet consciously disregards a substantial risk of such a nature that its disregard constitutes a significant deviation from the standard of care that a reasonably prudent Professional Geoscientist or Geoscience Firm would exercise under the circumstances;(2) Knowing failure to exercise ordinary care and attention toward the intended result when a procedure, technique, material, or system is employed as a result of a decision made by the Professional Geoscientist or Geoscience Firm and such failure jeopardizes or has the potential to jeopardize public health, safety, or welfare; or(3) Action which demonstrates a conscious disregard for compliance with a statute, regulation, code, ordinance, or recognized standard applicable to a particular project when such disregard jeopardizes or has the potential to jeopardize public health, safety, or welfare.", "sourceNote": "Source Note: The provisions of this §851.103 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208010&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208010", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.104", "label": "Dishonest Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208011", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm shall not directly or indirectly perform an act, omit or allow an omission, make an assertion, or otherwise engage in a practice in such a manner as to:(1) Defraud;(2) Deceive; or(3) Create a misleading impression.(b) A Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm shall not advertise publicly or individually to a client or prospective client in a manner that is false, deceptive, misleading, inaccurate, incomplete, out of context, or not verifiable.(c) A Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm shall not directly or indirectly solicit, offer, give, or receive anything or any service of significant value as an inducement or reward to secure any specific government-funded geoscience services.(d) A Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm shall not make any false, misleading, deceptive, fraudulent or exaggerated claims or statements about the services of an individual or organization, including, but not limited to, the effectiveness of geoscience services, qualifications, or products.(e) If a Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm learns that any false, misleading, deceptive, fraudulent or exaggerated claims or statement about the geoscience services, qualifications or products have been made, the licensee shall take reasonable steps to correct the inappropriate claims. As appropriate, the Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm may notify the TBPG in writing about these claims.(f) Professional Geoscientists and Geoscience Firms shall issue statements in an objective and truthful manner. Professional Geoscientists, Geoscientist-in-Training, and Geoscience Firms must make reasonable efforts to make affected parties aware of the concerns regarding particular actions or projects, and of the public health, safety, and welfare consequences of geoscientific decisions or judgments that are overruled or disregarded.(g) A Geoscience Firm that retains or hires others to advertise or promote the firm's practice remains responsible for the statements and representations made.(h) A Geoscience Firm shall maintain a work environment that uses standard operating procedures and quality assurance/quality control standards related to the Geoscience Firm's practice to ensure that the Geoscience Firm protects the public health, safety, and welfare.", "sourceNote": "Source Note: The provisions of this §851.104 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2012, 36 TexReg 8826; amended to be effective November 1, 2012, 37 TexReg 8019; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208011&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208011", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.105", "label": "Conflicts of Interest" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208012", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm has any business association or financial interest that might reasonably appear to influence the judgment of the Professional Geoscientist, Geoscientist-in-Training, or Geoscience Firm in connection with the performance of a professional geoscience service, and thereby jeopardize an interest of a client or employer, the P.G., GIT, or Firm shall promptly inform the client or employer in writing of the circumstances of the business association or financial interest. Unless the client or employer provides written consent after full disclosure regarding the circumstances of the business association or financial interest, the Professional Geoscientist, Geoscientist-in-Training, or Geoscience Firm shall either terminate the business association or financial interest or forego the project or employment.(b) A Professional Geoscientist, Geoscientist-in-Training, or Geoscience Firm shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature, financial or otherwise, from more than one party in connection with a single project or assignment unless the circumstances are fully disclosed in writing to all parties.(c) A Professional Geoscientist, Geoscientist-in-Training, or Geoscience Firm shall not solicit or accept, directly or indirectly, any financial or other valuable consideration, material favor, or other benefit of any substantial nature from any supplier of materials or equipment or from any contractor or any consultant in connection with any project on which the Professional Geoscientist, Geoscientist-in-Training, or Geoscience Firm is performing or has contracted to perform geoscience services.", "sourceNote": "Source Note: The provisions of this §851.105 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208012&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208012", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.106", "label": "Responsibility to the Regulation of the Geoscience Profession and Public Protection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176839", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Professional Geoscientists, Geoscientists-in-Training, and Geoscience Firms shall be entrusted to protect the public in the practice of their profession.(b) A Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm shall not:(1) Knowingly participate, directly or indirectly, in any plan, scheme, or arrangement having as its purpose the violation of any provision of the Act or the rules of the TBPG;(2) Aid or abet, directly or indirectly:(A) Any unlicensed person in connection with the unauthorized practice of professional geoscience;(B) Any business entity in the practice of professional geoscience unless carried on in accordance with the Act and this chapter; or(C) Any person or any business entity in the use of a professional seal or other professional identification so as to create the opportunity for the unauthorized practice of geoscience by any person or any business entity.(3) Fail to exercise reasonable care or diligence to prevent his/her partners, associates, shareholders, and employees from engaging in conduct that, if done by a Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm, would violate any provision of the Act or the rules of the TBPG.(c) A Professional Geoscientist or a Geoscientist-in-Training possessing knowledge of an Applicant's qualifications for licensure shall cooperate with the TBPG by timely responding in writing to the TBPG regarding those qualifications when requested to do so by the TBPG.(d) A Professional Geoscientist shall be responsible and accountable for the care, custody, control, and use of his/her Professional Geoscientist seal, professional signature, and other professional identification. A Professional Geoscientist whose seal has been lost, stolen, or otherwise misused shall report the loss, theft, or misuse to the TBPG immediately upon discovery of the loss, theft, or misuse. The Executive Director may invalidate the license number of the lost, stolen, or misused seal upon the request of the Professional Geoscientist if the Executive Director deems it necessary.(e) A Professional Geoscientist, a Geoscientist-in-Training, or an Authorized Official of a Firm shall remain mindful of his/her obligation to the profession and to protect public health, safety, and welfare and shall report to the TBPG known or suspected violations of the Act or the rules of the TBPG.(f) A Professional Geoscientist or Geoscience Firm shall keep adequate records of geoscience services provided to the public for no less than five (5) years following the completion and final delivery of the service. Adequate records shall include, but not be limited to:(1) Documents that have been signed and sealed or would require a signature and a seal;(2) Relevant documentation that supports geoscientific interpretations, conclusions, and recommendations;(3) Descriptions of offered geoscience services;(4) Billing, payment, and financial communications; and(5) Other relevant records.(g) Professional Geoscientists, a Geoscientists-in-Training, and Geoscience Firms must adequately examine the environmental impact of their actions and projects, including the prudent use and conservation of resources and energy, to make informed recommendations and decisions.", "sourceNote": "Source Note: The provisions of this §851.106 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176839", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.107", "label": "Prevention of Unauthorized Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208013", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Professional Geoscientist, a Geoscientist-in-Training, or Geoscience Firm shall not practice or offer to practice geoscience in any governmental jurisdiction in which to do so would be in violation of a law regulating the practice of geoscience in that jurisdiction.(b) A Professional Geoscientist who fails to renew his/her license prior to its annual expiration date shall not use the title, \"Professional Geoscientist\" or the initials, \"P.G.\" and shall not offer to or engage in the public practice of professional geoscience or otherwise engage in activities that require a license until after the Professional Geoscientist's license has been properly renewed.(c) A Geoscience Firm that fails to renew its Geoscience Firm registration prior to its annual expiration date shall not use the title, \"Geoscience Firm\" and shall not offer to or engage in the public practice of geoscience as defined by the Texas Occupations Code §1002.002 until after the Geoscience Firm's registration has been properly renewed.(d) A Geoscientist-in-Training who fails to renew his/her certification prior to its annual expiration date shall not use the title, \"Geoscientist-in-Training\" until after the Geoscientist-in-Training's certification has been properly renewed.", "sourceNote": "Source Note: The provisions of this §851.107 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208013&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208013", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.108", "label": "Criminal Convictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208014", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The TBPG will adhere to the provisions of Texas Occupation Code (TOC) Chapter 53 regarding the review of criminal convictions and certain deferred adjudications in regard to actions taken against an Applicant for a license or a license holder as a consequence of criminal conviction or certain deferred adjudications, as specified in TOC Chapter 53.(b) Crimes directly related to the duties and responsibilities of a Professional Geoscientist include any crime that reflects a lack of fitness for professional licensure or a disregard of the standards commonly upheld for the practice of professional geoscience, such as the following:(1) Criminal negligence;(2) Soliciting, offering, giving, or receiving any form of bribe;(3) The unauthorized use of property, funds, or proprietary information belonging to a client or employer;(4) Acts relating to the malicious acquisition, use, or dissemination of confidential information related to geoscience; and(5) Any intentional violation as an individual or as a consenting person of any provision of the Act.(c) Any license holder whose license has been revoked under the provisions of TOC 53 due to incarceration may apply for a new license upon release from incarceration.", "sourceNote": "Source Note: The provisions of this §851.108 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2012, 36 TexReg 8826; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208014&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208014", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.109", "label": "Substance Abuse" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170506", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If in the course of a disciplinary proceeding, the Appointed Board finds that a Professional Geoscientist's abuse of alcohol or a controlled substance, as defined by the Texas Controlled Substances Act, Chapter 481, Texas Health and Safety Code, contributed to a violation of the TBPG Act or rules, the Appointed Board may condition its disposition of the disciplinary matter on the Professional Geoscientist's completion of a rehabilitation program approved by the Department of State Health Services.(b) A Professional Geoscientist's abuse of alcohol or a controlled substance that results in the impairment of the Professional Geoscientist's professional skill so as to cause or potentially cause a threat to the public health, safety, and welfare may be deemed \"Gross Incompetency\" and may be grounds for revocation or suspension of a Professional Geoscientist's license or other appropriate disciplinary actions provided by the Act.(c) To determine whether abuse of alcohol or a controlled substance contributed to a violation or whether the continued professional practice of a licensee is a threat to the public safety the Appointed Board may order an examination by one or more licensed health care providers authorized to provide diagnosis or treatment of substance abuse.", "sourceNote": "Source Note: The provisions of this §851.109 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170506&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170506", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.110", "label": "Effect of Enforcement Proceedings on Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208015", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §1002.401(b) of the Act, the TBPG may not issue a license pending the disposition of a complaint alleging a violation in Texas or another state if the TBPG has notice of the alleged violation.", "sourceNote": "Source Note: The provisions of this §851.110 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208015&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208015", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.111", "label": "Professional Geoscientists Shall Maintain Confidentiality of Clients" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208016", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Professional Geoscientist, Geoscientist-in-Training, or Geoscience Firm may reveal confidences and private information only with a fully informed client's or employer's consent, or when required by law, rule or court order; or when those confidences, if left undisclosed, would constitute a threat or potential threat to public health, safety, and welfare.(b) A Professional Geoscientist, Geoscientist-in-Training, or Geoscience Firm shall not use a confidence or private information regarding a client or employer to the disadvantage of such client or employer or for the advantage of another person.(c) A Professional Geoscientist, GIT or Geoscience Firm shall exercise reasonable care to prevent unauthorized disclosure or use of private information or confidences concerning a client or employer by the Professional Geoscientist's or Geoscience Firm's employees and associates.", "sourceNote": "Source Note: The provisions of this §851.111 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208016&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208016", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.112", "label": "Required Reports to the TBPG" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208017", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Professional Geoscientist (P.G.), Geoscientist-in-Training (GIT), or a Geoscience Firm (Firm) shall make written reports to the TBPG office of changes to any of the following within thirty (30) days of the following, as applicable:(1) A description of and the effective date of the change;(2) Physical or mailing address of record, electronic mail address, telephone or facsimile number, or other contact information (include P.G. license number and/or Firm number or GIT certificate number as applicable);(3) Changes to a P.G. or GIT's employment (e.g. leaving a firm or starting employment with a new firm, etc.);(4) Any changes in a firm's name (legal trade name or business entity name), the Authorized Official of the Firm (AOF), the firm's owners, officers, or directors, changes in operation including firm type, dissolution of the firm, branches or subsidiary offices of the firm that no longer offers to provide or is not providing professional geoscience services to the public in Texas;(5) Professional Geoscientist(s) employed by the firm or leaving the firm;(6) Professional Geoscientist(s) who serve as the P.G. in Responsible Charge for the firm or any branch offices;(7) Employment status of the P.G.s of the firm;(A) Operation including dissolution of the firm or that the firm no longer offers to provide or is not providing professional geoscience services to the public in Texas; or(B) Operation including addition or dissolution of branch and/or subsidiary offices.(8) Notice as provided in subsection (d) of this section shall include, as applicable, the:(A) Full legal trade or business name entity;(B) The firm registration number;(C) Telephone number of the business office;(D) Name and license number of the license holder employed by or leaving the entity;(E) Description of the change; and(F) Effective date of this change.(9) A criminal conviction, other than a Class C misdemeanor traffic offense, of the licensee or Geoscientist-in-Training;(10) The settlement of or judgment rendered in a civil or criminal lawsuit filed against the licensee or Firm relating to the P.G.'s or Firm's professional geoscience services; or(11) Final disciplinary or enforcement actions against the P.G., GIT, or Firm taken by a licensing or certification body related to the practice of professional geoscience when known by the licensee.(b) The information received under subsection (a) of this section may be used by the TBPG to determine whether a possible violation may have occurred.(c) Failure to make a report as required by subsection (a) of this section is grounds for disciplinary action by the Appointed Board.(d) A Firm that obtains a new certificate of authority from the Office of the Secretary of State or that files a new Assumed Name Certificate with the County Clerk or the Office of the Secretary of State must provide the new instrument number to the TBPG within thirty (30) days of the action.", "sourceNote": "Source Note: The provisions of this §851.112 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208017", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "C", "label": "CODE OF PROFESSIONAL CONDUCT" }, "rule": { "number": "§851.113", "label": "Duty to abide by Board order and timely pay administrative penalty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208023", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All persons who are the subject of a Board order shall abide by the terms of that order. Failure to abide by the terms of a Board order is grounds for disciplinary action.(b) All persons who are assessed an administrative penalty must pay the administrative penalty not later than the 30th day after the date the Board's order becomes final or they must timely satisfy section 1002.454(b) of the Texas Occupations Code.(c) Failure to timely pay an administrative penalty is grounds for disciplinary action. This subsection does not apply if a person timely complies with section 1002.454(b) of the Texas Occupations Code regarding staying the enforcement of the administrative penalty at issue.(d) The Appointed Board may deny a person's request for a license, registration or certification, or the renewal of a license, registration, or certification if the person has failed to timely pay an administrative penalty.(e) When a person pays money to the TBPG, the TBPG may first apply that money to outstanding administrative penalties owed by that person before applying it to any other fee or cost.", "sourceNote": "Source Note: The provisions of this §851.113 adopted to be effective November 24, 2016, 41 TexReg 9138; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208023&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208023", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "D", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§851.151", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208021", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Appointed Board is charged with the responsibility of enforcing the Act. Through the TBPG, the Appointed Board enforces the requirement of licensure as specified in the Act, the requirement of Geoscience Firm registration as specified in the Act, and all other requirements in the Act, the Code of Professional Conduct and other TBPG rules under the authority of the Act. Unless the person is licensed by the TBPG, a person may not:(1) Use the term \"Licensed Professional Geoscientist,\" \"Professional Geoscientist,\" or the initials \"P.G.\" as part of a professional, business, or commercial identification or title; or(2) Otherwise represent to the public that the person is qualified to:(A) Practice as a geoscientist; or(B) Engage in the practice of geoscience for the public, including individuals, corporations, governments or courts.(b) When the TBPG discovers or is provided information that may indicate a violation of the Act or TBPG rules, the Board staff may initiate a complaint, as provided by TOC §1002.154. A member of the public may also submit a complaint, as provided by TOC §1002.154. For a complaint to be initiated by the agency or for information received from the public to be considered a complaint, the information initiated by Board staff or provided by the public must meet the criteria for a complaint provided in TOC §1002.202.(c) Before the Appointed Board suspends or revokes a license, the TBPG shall provide to the Respondent a notice of the proposed action, an opportunity to show compliance, and an opportunity for a hearing.(d) When a contested action is taken by the Appointed Board, the Respondent shall be informed of the Respondent's rights in regard to filing for judicial review, as provided in the Administrative Procedure Act (Government Code, Chapter 2001).", "sourceNote": "Source Note: The provisions of this §851.151 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208021&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208021", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "D", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§851.152", "label": "Firm Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208022", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Unless registered with the TBPG or exempt from Firm registration requirements under TOC §1002.351, an individual, firm, or corporation may not represent to the public that the individual, firm, or corporation is a licensed geoscientist or able to perform geoscience services or prepare a geoscientific report, document, or other record that requires the seal of a Professional Geoscientist.(b) The Appointed Board may revoke a certificate of registration that was obtained in violation of the Act and/or TBPG rules including, but not limited to, fraudulent or misleading information submitted in the application.(c) A business entity or sole practitioner that is not registered with the TBPG may not represent to the public by way of letters, signs, or symbols as a part of any sign, directory, listing, contract, document, pamphlet, stationery, advertisement, signature, or business name that it is engaged in the public practice of geoscience by using the terms:(1) \"Professional Geoscientist;\"(2) \"licensed geoscientist;\"(3) \"registered geoscientist;\"(4) \"licensed Professional Geoscientist;\"(5) \"registered Professional Geoscientist;\" or(6) any abbreviation or variation of those terms listed in paragraphs (1) - (5) of this subsection, or directly or indirectly use or cause to be used any of those terms in combination with other words.(d) The Appointed Board may revoke or suspend a Firm's registration, place on probation a Firm whose registration has been suspended, reprimand a Geoscience Firm, or assess an administrative penalty against a Geoscience Firm for a violation of any provision of TBPG rules or the Act by the Firm or any employee of the Firm. The Appointed Board also may take action against an Applicant pursuant to §851.110 of this chapter.", "sourceNote": "Source Note: The provisions of this §851.152 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective November 1, 2012, 37 TexReg 8019; amended to be effective June 1, 2013, 38 TexReg 3352; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 18, 2015, 40 TexReg 1384; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208022&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208022", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "D", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§851.153", "label": "Professional Geoscientist Compliance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "171929", "queryAsDate": "03/11/2026" }, "ruleBody": "Any Professional Geoscientist who directly or indirectly enters into any contract, arrangement, plan, or scheme with any person, firm, partnership, association, or corporation or other business entity which in any manner results in a violation of §851.152 of this chapter shall be subject to legal and disciplinary actions available to the Appointed Board. Professional Geoscientists shall perform or directly supervise the geoscience services of any subordinates, including GITs.", "sourceNote": "Source Note: The provisions of this §851.153 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=171929&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "171929", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "D", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§851.155", "label": "Actions Following Certain Notifications Regarding Child Support Delinquency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213761&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213761", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with the Family Code Chapter 232, on receipt of a final order from a court or the Title IV-D agency suspending a license, the Board staff shall immediately determine if the TBPG has issued a license to the individual named on the order and, if a license has been issued, Board staff shall suspend the license and record the suspension of the license in the TBPG's licensing records.(b) Board staff shall implement the terms of a final order suspending license without additional review or hearing. Board staff shall provide notice of the suspension to the license holder and to any employers on record with the TBPG.(c) A licensee whose license has been suspended under this section is not entitled to a refund for any fee paid to the licensing authority.(d) On receipt of an order from a court or the Title IV-D agency vacating or staying an order suspending a license, Board staff shall promptly reinstate the suspended license. If the reinstated license is expired, Board staff shall provide a renewal notice to the licensee and provide for the license to be renewable online. Board staff shall provide notice of the reinstatement to the license holder's employers on record with the TBPG, upon a written request and payment of a license verification fee.(e) In accordance with the Family Code Chapter 232, on receipt of a notice from a child support agency, as defined by Texas Family Code, §101.004 concerning an obligor who has failed to pay child support under a support order for six months or more that requests the authority to refuse to approve an application for issuance of a license to the obligor or renewal of an existing license of the obligor, Board staff shall refuse to approve an application for issuance of a license to the obligor or renewal of an existing license of the obligor until the authority is notified by the child support agency that the obligor has:(1) paid all child support arrearages;(2) made an immediate payment of not less than $200 toward child support arrearages owed and established with the agency a satisfactory repayment schedule for the remainder or is in compliance with a court order for payment of the arrearages;(3) been granted an exemption from this subsection as part of a court-supervised plan to improve the obligor's earnings and child support payments; or(4) successfully contested the denial of issuance or renewal of license under Texas Family Code §232.1035(d).(f) Board staff shall provide notice of the request to refuse to approve an application to the applicant or licensee.(g) Upon receipt of a notice from a child support agency, as defined by Texas Family Code, §101.004, that a request to refuse to act on an application has been withdrawn, upon receipt of a notice that a court has ordered that a request be withdrawn, or upon the receipt of any other legal action has been taken that would warrant it, Board staff shall notify the applicant or licensee and take up the review of an application held by the process described in this section and process the application, as appropriate.", "sourceNote": "Source Note: The provisions of this §851.155 adopted to be effective March 18, 2015, 40 TexReg 1384." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213761&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213761", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "D", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§851.156", "label": "Professional Geoscientist Seals and Geoscience Firm Identification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208026", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of the Professional Geoscientist's seal is to show that professional geoscience services were performed by a qualified licensed Professional Geoscientist and to identify the Professional Geoscientist who performed the geoscience services.(b) The Professional Geoscientist seal shall be of the design shown in this subsection. Physical seals of two different sizes will be acceptable: a pocket seal (the size commercially designated as 1-5/8-inch seal) or desk seal (commercially designated as a two-inch seal). Electronically or digitally-applied seals may be of a reduced size provided that the Professional Geoscientist's full name and license number are clearly legible. The Professional Geoscientist's name on the seal shall be the same name on the license certificate issued by the TBPG.Attached Graphic(c) A Professional Geoscientist shall seal only documents that contain geoscience services performed by or under the Professional Geoscientist's direct supervision. Upon sealing, the Professional Geoscientist takes full professional responsibility for geoscience services that are provided through the sealed document.(d) It shall be misconduct to knowingly sign or seal any geoscience document if its use or implementation may endanger the public health, safety, and welfare.(e) It shall be unlawful for a license holder whose license has been revoked, suspended, or has expired to sign or affix a seal on any document.(f) All seals utilized by a license holder to seal a paper document shall be capable of leaving a permanent ink or impression on the document.(g) Electronically conveyed geoscience documents requiring a seal must contain an electronic seal and electronic signature or digital seal and digital signature. Such seals should conform to the design requirements set forth in this section.(1) A Professional Geoscientist must employ reasonable security measures to make the document unalterable. The Professional Geoscientist shall maintain the security of his/her electronic seal and electronic signature, or digital seal and digital signature. The following methods are allowed:(A) The Professional Geoscientist may electronically copy the original hard copy of the document that bears his/her seal, original signature, and date and transmit this document in a secure electronic format.(B) The Professional Geoscientist may create an electronic seal and electronic signature for use in transmitting geoscientific documents by making a secure electronic graphic of the Professional Geoscientist's original seal and signature.(C) A digital signature, as defined in 22 TAC §851.10, which can be generated by using either public key infrastructure or signature dynamics technology, must be: unique to the person using it, capable of verification, under the sole control of the person using it, and linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed and/or deleted.(2) The use of a computer-generated signature is not allowed by changing the word processing font from a \"normal text\" to a signature/handwriting font.(A) Shown below is a sample of an unauthorized signature consisting of a computer-generated signature using the Lucida Handwriting font.Attached Graphic(B) Shown below is a sample of an acceptable digital image of a geoscientist's physical seal and original signature saved as a digital image (JPEG Format, for example).Attached Graphic(C) Shown below is a sample of an acceptable digital seal accompanied by a digital signature.Attached Graphic(h) Preprinting of blank forms with a Professional Geoscientist's seal is prohibited.(i) Signature reproductions, including but not limited to, rubber stamps, decals or other replicas, and computer-generated signatures shall not be used in lieu of the Professional Geoscientist's actual signature, digital signature, or a true digital graphic copy of the actual signature.(j) A Professional Geoscientist shall take reasonable steps to ensure the security of the Professional Geoscientist's physical or electronically-generated seals at all times. In the event of loss of a seal, the Professional Geoscientist will immediately give written notification of the facts concerning the loss to the Executive Director.(k) Professional Geoscientists shall affix an unobscured seal, original signature, and date of signature to the originals of all documents containing the final version of any geoscience document as outlined in subsection (l) of this section before such document is released from their control.(l) Preliminary documents released from a P.G.'s control shall identify the purpose of the document, the Professional Geoscientist(s) of record and the Professional Geoscientist license number(s), and the release date by placing the following text or similar wording instead of a seal: \"This document is released for the purpose of (Examples: interim review, mark-up, drafting) under the authority of (Example: Leslie H. Doe, P.G. 0112) on (date). It is not to be used for (Examples: construction, bidding, permit) purposes.\"(m) The Professional Geoscientist shall sign, seal, and date the original title sheet or a signature page of geoscience documents, specifications, details, calculations, or estimates, and each sheet of maps, drawings, cross sections, or other figures representing geoscientific services carried out under the supervision of the geoscientist, regardless of size or binding.(n) All unbound geoscience documents, including but not limited to, research reports, opinions, recommendations, evaluations, addenda, and geoscience software shall bear the Professional Geoscientist's printed name, date, signature, and the designation \"P.G.\" or other terms allowed under §1002.251 of the Act, unless the geoscience service is exempt under §1002.252 of the Texas Occupations Code. Electronic correspondence of this type shall include an electronic signature as described in subsection (f) of this section or be followed by a hard copy containing the Professional Geoscientist's printed name, date, signature, and the designation \"P.G.\" or other terms allowed under §1002.251 of the Act.(o) Geoscience services performed by more than one Professional Geoscientist shall be sealed in a manner such that all geoscience can be clearly attributed to the responsible Professional Geoscientist(s). When sealing plans or documents on which two or more Professional Geoscientists have worked, the seal of each Professional Geoscientist shall be placed on the plan or document with a notation describing the geoscience services done under each Professional Geoscientist's responsible charge.(p) Licensed employees of the state, its political subdivisions, or other public entities are responsible for sealing their original geoscience documents; however, such licensed employees engaged in review and evaluation for compliance with applicable law or regulation of documents containing geoscience services submitted by others, or in the preparation of general planning documents, a proposal for decision in a contested case or any similar position statement resulting from a compliance review, need not seal the review reports, planning documents, proposals for decision, or position statements. (q) When a Professional Geoscientist elects to use standards or general guideline specifications, those items shall be clearly labeled as such, shall bear the identity of the publishing entity, and shall be:(1) Individually sealed by the Professional Geoscientist; or(2) Specified on an integral design/title/contents sheet that bears the Professional Geoscientist's seal, signature, and date with a statement authorizing its use.(r) Alteration of a sealed document without proper notification to the responsible Professional Geoscientist is misconduct or an offense under the Act.(s) A license holder is not required to use a seal for a document for which the license holder is not required to hold a license under Texas Occupations Code, Chapter 1002.(t) All geoscience documents released, issued, or submitted by a licensee shall clearly indicate the Geoscience Firm name and registration number by which the Professional Geoscientist is employed. If the Professional Geoscientist is employed by a local, State, or Federal Government agency or a firm that is exempt from the requirement of registration under Texas Occupations Code, Chapter 1002, Subchapter H, then only the name of the agency or firm shall be required.(u) TBPG also considers a document to meet the sealing requirement if a reader or user of the document can determine that the original document is complete and unaltered from that which was subsequently placed under seal.", "sourceNote": "Source Note: The provisions of this §851.156 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2012, 36 TexReg 8826; amended to be effective November 1, 2012, 37 TexReg 8019; amended to be effective October 1, 2013, 38 TexReg 5731; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947; amended to be effective June 14, 2023, 48 TexReg 2966." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208026&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208026", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "D", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§851.157", "label": "Complaints and Confidentiality" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209175", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Who may file a complaint. A complaint may be filed with the TBPG by a member of the public, a member of the Appointed Board, or by Board staff. Also, a state agency that becomes aware of a potential violation of the Act or a rule adopted by the Appointed Board may fulfill the requirements of the Act in Texas Occupations Code, §1002.207, by filing a formal complaint with the TBPG or providing the information relating to the potential violation in writing to Board staff.(b) How to file a complaint. Complaints should be filed with the Secretary-Treasurer of the Appointed Board at the office of the TBPG or electronically through the TBPG's website. The TBPG provides a complaint form that should be used to file a complaint.(c) Whom complaints may be filed against. A complaint may be filed against any person or entity who: holds a Professional Geoscientist license issued by the TBPG, is a registered Geoscience Firm, or holds a certificate as a Geoscientist-in-Training issued by the TBPG. A complaint may also be filed against a person or firm that is not licensed or registered with the TBPG alleging that the person or firm has engaged in the unlicensed or unregistered public practice or offering of geoscience services in Texas.(d) A complaint must be filed within two (2) years of the event giving rise to the complaint. The event giving rise to the complaint is an event from which a concern with geoscience work completed becomes apparent. Complaints filed after the above stated period will not be acted upon by the TBPG unless the Complainant can show good cause for the late filing.(e) Complaints and investigations under this chapter are of two types:(1) Complaints received from a member of the public; and(2) Complaints and investigations that are initiated by the Board staff or an Appointed Board Member as a result of information that may indicate a violation that becomes known to the Board staff or an Appointed Board Member.(f) A complaint from a member of the public must be:(1) In writing;(2) Sworn to by the person making the complaint; and(3) Submitted to the authorized staff deputy to the Secretary-Treasurer or electronically through the TBPG's internet website.(4) The Board staff shall accept a complaint regardless of whether the complaint is notarized.(g) A complaint that is initiated by a member of the Board staff or an Appointed Board Member must be:(1) Made in writing; and(2) Signed by the person who became aware of information that may indicate a violation.(h) Confidentiality.(1) The TBPG shall maintain the confidentiality of a complaint from the time of receipt through the conclusion of the investigation of the complaint. Complaint information is not confidential after the date formal charges are filed, which is the date that a notice of alleged violation (NOV) is issued.(2) Information submitted to the TBPG that has not been filed as a complaint, and the identity of the person who submits the information, are not confidential.(3) Confidential information from other state agency. The TBPG maintains confidentiality or privilege of any confidential information submitted by a state agency under Texas Occupations Code, §1002.207. A state agency will inform the TBPG of the confidentiality or privilege provisions applicable to the information in accordance with procedures agreed upon between the agencies. If Board staff opens a complaint based on information it has received, the information becomes a part of the complaint record and is subject to the confidentiality provisions in Texas Occupations Code, §1002.202, in addition to any other confidentiality provisions that may apply.(4) If a complaint is determined to be frivolous or without merit, the complaint and other information related to the complaint are confidential. The information is not subject to discovery, subpoena, or other disclosure. A complaint is considered to be frivolous if the Executive Director and investigator, with Appointed Board approval, determine that the complaint:(A) Was made for the likely purpose of harassment; and(B) Does not demonstrate apparent harm to any person.", "sourceNote": "Source Note: The provisions of this §851.157 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective January 1, 2014, 38 TexReg 9368; amended to be effective December 11, 2014, 39 TexReg 9539; amended to be effective March 15, 2016, 41 TexReg 1843; amended to be effective September 25, 2017, 42 TexReg 5143; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209175", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "D", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§851.158", "label": "Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208024", "queryAsDate": "03/11/2026" }, "ruleBody": "Procedures generally. Except for a suspension under TOC §1002.403(3), the procedures for investigation and dispensation of complaints are as follows:(1) Staff action.(A) Verify that the complaint meets legal requirements;(B) Verify the identity of the complainant (if complaint is not notarized);(C) Open complaint and set up complaint record;(D) Review complaint for TBPG jurisdiction;(E) Review for imminent danger to the public health, safety, or welfare;(F) Prioritize complaint as required by TOC §1002.154;(G) Provide acknowledgement and notification to complainant;(H) Investigate complaint and complete confidential investigation report; and(I) Dismiss, with or without advisement, complaints that are meritless, non-jurisdictional, or that do not involve a threat or potential threat to public health, safety, and welfare, with the exception of complaints that involve violations of the continuing education requirement.(2) Complaint review team. Review complaint and investigation with the possible outcomes of:(A) Recommend to the Appointed Board that the complaint be dismissed (with or without non-disciplinary advisory or warning);(B) Refer the complaint back to staff for further investigation; or(C) Issue notice of alleged violation-proposed finding of violation and proposed disciplinary action.(3) Notice of alleged violation.(A) The notice of alleged violation will state the authority of the TBPG to enforce the Act and take disciplinary action, the facts or conduct alleged to warrant disciplinary action, identify the proposed disciplinary action, provide the opportunity for an informal conference to show compliance with all requirements of law, and provide the opportunity for a contested-case hearing. There is a rebuttable presumption that the notice is received three (3) days after it was mailed.(B) Not later than the 20th day after the Notice of Alleged Violation is received by the Respondent, the Respondent, in writing, must:(i) Accept the proposed findings and proposed disciplinary action, and waive the right to an informal conference, contested-case hearing, and judicial review, by signing and returning the enclosed proposed Board order;(ii) Request an informal conference; or(iii) Request a contested-case hearing.(C) Waiver and default.(i) If, within twenty (20) days of receipt, the Respondent fails to respond to the Notice of Alleged Violation and either accept the proposed disciplinary action and recommended administrative penalty, make a written request for an informal conference, or make a written request for a contested-case hearing, the board will prepare to issue a default order. To proceed to issue a default order, the notice of alleged violation must state the following in capital letters in at least 12-point bold-face type: FAILURE TO TIMELY RESPOND TO THIS NOTICE BY TIMELY REQUESTING EITHER AN INFORMAL CONFERENCE AND A CONTESTED-CASE HEARING OR A CONTESTED-CASE HEARING WILL RESULT IN THE ALLEGATIONS BEING ADMITTED AS TRUE AND THE RECOMMENDED SANCTION BEING GRANTED BY DEFAULT. YOU MUST RESPOND AND REQUEST A HEARING IN WRITING WITHIN 20 DAYS OF RECEIPT OF THIS NOTICE OR YOU WAIVE YOUR RIGHT TO A HEARING.(ii) Additionally, to proceed to issue a default order, the notice of alleged violation must also state the following: If you fail to request a hearing in writing within 20 days of receipt of this notice you will be deemed to have admitted the factual allegations in this notice, waived the opportunity to show compliance with the law, waived the right to a hearing, and waived objection to the recommended sanction.(iii) If a person fails to file a written request for a contested-case hearing within 20 days of receipt of the notice of alleged violation, the person will be deemed to have admitted the factual allegations in the notice of alleged violation, waived the opportunity to show compliance with the law, waived the right to a hearing, and waived objection to the recommended sanction.(iv) If a person responds and waives the right to an informal conference and a contested-case hearing or fails to file a written request for either an informal conference and a contested-case hearing or a contested-case hearing within 20 days of receipt of the notice of alleged violation, the Board shall proceed to resolve the matter on an informal basis by issuing a default order.(D) The TBPG may serve the notice of alleged violation by sending it to the person's last known address as shown by the TBPG's records.(E) The notice of alleged violation shall be sent by first class or certified mail to the person's last known address as shown by the TBPG's records, and in addition should also be sent to the person's email address as shown by the TBPG's records.(4) Informal conference.(A) The informal conference will be informal and will not follow procedures for contested cases.(B) The informal conference panel may be composed of Board staff and Appointed Board members. The panel may limit attendance and the time allotted for the informal conference.(C) The informal conference is an opportunity for a person to show compliance with law. The person may speak and provide documents for the panel's consideration.(D) The informal conference panel may recommend proposed action to be taken by the Appointed Board. The proposed action may be different from that stated in the notice of alleged violation.(5) Contested-case hearing. If a person timely and properly requests a contested-case hearing, one shall be set at the State Office of Administrative Hearings.(6) Board order. Except for dismissals, the Appointed Board should resolve complaints by order. The Board may accept or reject any proposed order. If a proposed order is rejected, the Appointed Board may among other things dismiss the complaint, direct Board staff to modify an order and propose the modified order for later consideration, or direct that the matter be set for a contested-case hearing.(7) All disciplinary actions shall be permanently recorded. Except for private reprimands, all disciplinary actions shall be placed on the TBPG's website and made available upon request as public information.", "sourceNote": "Source Note: The provisions of this §851.158 adopted to be effective September 25, 2017, 42 TexReg 5143; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947; amended to be effective June 12, 2022, 47 TexReg 3265." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208024&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208024", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "D", "label": "COMPLIANCE AND ENFORCEMENT" }, "rule": { "number": "§851.159", "label": "Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170515", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Appointed Board may impose appropriate sanctions against a Professional Geoscientist, Geoscientist-in-Training, or Geoscience Firm, as applicable, for:(1) The practice of fraud or deceit in obtaining a Professional Geoscientist license, Geoscientist-in-Training certification, or Geoscience Firm registration;(2) Incompetence, misconduct, fraud, gross negligence, or repeated incidents of negligence in the public practice of geoscience;(3) Conviction of a license holder or GIT of a crime involving moral turpitude or a felony;(4) The imposition of an administrative or civil penalty or a criminal fine, or imprisonment or probation instead of a fine, for a misdemeanor relating to or arising out of the public practice of geoscience;(5) The issuance of a cease and desist order or a similar sanction relating to, or arising out of, the public practice of geoscience;(6) Using the seal of another license holder, or using or allowing the use of the license holder's seal on geoscientific work not performed by or under the supervision of the license holder;(7) Aiding or abetting a person or firm in a violation of this chapter;(8) The revocation or suspension of a license or firm registration, the denial of renewal of a license or registration, or other disciplinary action taken by a state agency, Board of registration, or similar licensing agency for Professional Geoscientists, Geoscientists-in-Training, Geoscience Firms, or a profession or occupation related to the public practice of geoscience;(9) Practicing or offering to practice geoscience or representing to the public that the person or the person's firm or corporation is licensed or registered or qualified to practice geoscience if the person or firm is not licensed or registered under the Act or the person's firm or corporation does not employ a Professional Geoscientist as required under the Act;(10) Violating the Act, a rule adopted under the Act, including the Code of Professional Conduct, or a comparable provision of the laws or rules regulating the practice of geoscience in another state or country.(b) The Appointed Board may take the following disciplinary actions:(1) Refuse to issue or renew a license;(2) Permanently revoke a license;(3) Suspend a license for a specified time, not to exceed three years, to take effect immediately notwithstanding an appeal if the Appointed Board determines that the license holder's continued practice constitutes an imminent danger to the public health, safety, or welfare;(4) Issue a public or private reprimand to an applicant, a license holder, or an individual, or firm practicing geoscience under this chapter;(5) Impose limitations, conditions, or restrictions on the practice of an applicant, a license holder, or an individual, or firm practicing geoscience under this chapter;(6) Require that a license holder participate in a peer review program under rules adopted by the Appointed Board;(7) Require that a license holder obtain remedial education and training prescribed by the Appointed Board;(8) Impose probation on a license holder requiring regular reporting to the Appointed Board;(9) Require restitution, in whole or in part, of compensation or fees earned by a license holder, individual, or firm practicing geoscience under the Act;(10) Impose an appropriate administrative penalty as provided by TOC Chapter 1002, Subchapter J for a violation of this chapter or a rule adopted under this chapter on a license holder or a person who is not licensed and is not exempt from licensure under the Act;(11) Issue a cease and desist order.(c) Allegations and disciplinary actions will be set forth in the final order and the severity of the disciplinary action will be based on the factors listed in paragraphs (1) - (9) of this subsection:(1) The seriousness of the acts or omissions;(2) The number of prior disciplinary actions taken against the respondent;(3) The severity of penalty necessary to deter future violations;(4) Efforts or resistance to correct the violations;(5) Any hazard to the public health, safety, and welfare;(6) Any actual damage, physical or otherwise, caused by the violations;(7) Any economic benefit gained through the violations;(8) The economic harm to property or the environment caused by the violation;(9) Any other matters impacting justice and public welfare.(d) The Appointed Board shall consider the following factors in determining the amount of an administrative penalty assessed by the Appointed Board:(1) An administrative penalty shall not exceed the dollar amount specified in the Act for each violation. Each day a violation continues is a separate violation for the purposes of imposing a penalty.(2) The amount of an administrative penalty shall be based on:(A) The seriousness of the violation, including:(i) The nature, circumstances, extent, and gravity of any prohibited acts; and(ii) The hazard or potential hazard created to the public health, safety, and welfare;(B) The economic harm to property or the environment caused by the violation;(C) The history of previous violations;(D) The disciplinary action or amount of administrative penalty necessary to deter a future violation;(E) Efforts or resistance to correct the violation; and(F) Any other matter that justice may require.", "sourceNote": "Source Note: The provisions of this §851.159 adopted to be effective September 25, 2017, 42 TexReg 5143; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170515&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170515", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "E", "label": "HEARINGS--CONTESTED CASES AND JUDICIAL REVIEW" }, "rule": { "number": "§851.201", "label": "Contested Case Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "170516", "queryAsDate": "03/11/2026" }, "ruleBody": "The State Office of Administrative Hearings shall conduct all formal hearings and contested cases in accordance with the Administrative Procedure Act (APA), Chapter 2001, Texas Government Code and Texas Administrative Code, Title 1, Chapter 155.", "sourceNote": "Source Note: The provisions of this §851.201 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=170516&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "170516", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "E", "label": "HEARINGS--CONTESTED CASES AND JUDICIAL REVIEW" }, "rule": { "number": "§851.202", "label": "Extensions of Time" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208018", "queryAsDate": "03/11/2026" }, "ruleBody": "The Executive Director may enter into an agreement with parties to a contested case to modify time limits as provided under the Administrative Procedure Act (APA), Texas Government Code §2001.147.", "sourceNote": "Source Note: The provisions of this §851.202 adopted to be effective December 15, 2010, 35 TexReg 10695; amended to be effective December 11, 2014, 39 TexReg 9539." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208018&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208018", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "E", "label": "HEARINGS--CONTESTED CASES AND JUDICIAL REVIEW" }, "rule": { "number": "§851.203", "label": "Defaults" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208019", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Appointed Board may serve the notice of hearing on the respondent by sending it to his or her last known address as shown by the TBPG's records.(b) Default. If the party who does not have the burden of proof fails to appear at a contested-case hearing at the State Office of Administrative Hearings, the administrative law judge may issue a default proposal for decision that can be adopted by the Appointed Board.(c) Failure to issue default proposal for decision. If the administrative law judge grants a default but does not issue a default proposal for decision and instead issues an order dismissing the case or remanding the case back to TBPG and returning the file to the TBPG for informal disposition on a default basis in accordance with section 2001.056 of the Texas Government Code, the allegations in the notice of hearing will be deemed as true and proven, and the Appointed Board will issue a final order imposing a sanction requested in the notice of hearing.(d) Failure to prosecute. If an applicant for licensure fails to appear at a contested case hearing at the State Office of Administrative Hearings, the administrative law judge must dismiss the case for want of prosecution, any relevant application will be withdrawn, and the TBPG may not consider a subsequent application from the party until the first anniversary of the date of dismissal of the case at the State Office of Administrative Hearings. If the administrative law judge dismisses the case and returns the file to the Appointed Board for informal disposition on a default basis in accordance with §2001.056 of the Texas Government Code, the Appointed Board will issue a final order referring to this rule and advising the applicant that the application was withdrawn and the applicant may reapply for licensure one year after the date the Appointed Board signs the final order.(e) Applicants for licensure bear the burden to prove fitness for licensure.(f) Contesting a final order issued following a default or dismissal for failure to prosecute. In the event that the respondent or applicant wishes to contest a final order issued following a default or dismissal for failure to prosecute, the respondent or applicant must timely file a motion for rehearing as provided by Chapter 2001 of the Texas Government Code, and the motion for rehearing must show the following:(1) the default was neither intentional nor the result of conscious indifference;(2) the respondent or applicant has a meritorious case or defense;(3) a new hearing will not harm TBPG; and(4) the motion for rehearing must be supported by affidavits and documentary evidence of the above and show a prima facie case in the movant's favor.", "sourceNote": "Source Note: The provisions of this §851.203 adopted to be effective November 24, 2016, 41 TexReg 9138; amended to be effective September 25, 2017, 42 TexReg 5143; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208019&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208019", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "E", "label": "HEARINGS--CONTESTED CASES AND JUDICIAL REVIEW" }, "rule": { "number": "§851.204", "label": "Costs of Administrative Hearings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208020", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a person files a suit for judicial review of an agency decision in a contested case, the TBPG shall request that the contested-case hearing be transcribed.(b) Costs. The costs of transcribing the contested-case hearing and preparing the record for appeal in a suit for judicial review shall be paid by the party who appeals to district court.(c) Documentation of costs. Documentation supporting the costs of transcribing the testimony in a contested-case proceeding and preparing the record for appeal shall be included in the administrative record or filed with the court.(d) Recovery as court costs. The costs of transcribing the testimony in a contested-case proceeding and preparing the record for appeal in a suit for judicial review may be recovered as court costs.(e) Additionally and alternatively, failure to timely pay the cost of transcribing the contested-case hearing is grounds for disciplinary action, and payment of the cost of transcribing the contested-case hearing is due no later than 60 days after the TBPG sends a request for payment and copy of the documentation of costs to the respondent's last known address as shown by the TBPG's records or to the respondent's attorney, if any.(f) The TBPG may deny a person's request to issue or renew a license, registration, or certification if the person has failed to pay the cost of transcribing the contested-case hearing.(g) When a person pays money to the TBPG, the TBPG may first apply that money to outstanding transcript costs owed by that person before applying it to any other fee or cost.", "sourceNote": "Source Note: The provisions of this §851.204 adopted to be effective November 24, 2016, 41 TexReg 9138; amended to be effective October 31, 2018, 43 TexReg 7140; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208020&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208020", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "39", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS" }, "chapter": { "number": "851", "label": "TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING AND ENFORCEMENT RULES" }, "subchapter": { "number": "E", "label": "HEARINGS--CONTESTED CASES AND JUDICIAL REVIEW" }, "rule": { "number": "§851.220", "label": "Judicial Review Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200170", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A timely motion for rehearing is a prerequisite to judicial review and must be filed in accordance with chapter 2001 of the Texas Government Code.(b) The motion for rehearing may be filed by mail to the Board's mailing address, in person at the Board's street address, or by fax to the Board's fax number.(c) Standard for rehearing following a default dismissal. In the event that the respondent wishes to contest a final order issued following a default, the respondent must timely file a motion for rehearing as provided by Chapter 2001 of the Texas Government Code, and the motion for rehearing must show the following:(1) the default was neither intentional nor the result of conscious indifference;(2) the respondent has a meritorious defense;(3) a new hearing will not harm TBPG; and(4) the motion for rehearing must be supported by affidavits and documentary evidence of the above and show a prima facie case for a meritorious defense.(d) Standard for rehearing following a dismissal for failure to prosecute. In the event that the applicant wishes to contest a final order issued following a dismissal for failure to prosecute, the respondent must timely file a motion for rehearing as provided by Chapter 2001 of the Texas Government Code, and the motion for rehearing must show the following:(1) the dismissal for failure to prosecute was neither intentional nor the result of conscious indifference;(2) the applicant has a meritorious application;(3) a new hearing will not harm TBPG; and(4) the motion for rehearing must be supported by affidavits and documentary evidence of the above and show a prima facie case for a meritorious application.", "sourceNote": "Source Note: The provisions of this §851.220 adopted to be effective September 25, 2017, 42 TexReg 5143; amended to be effective March 6, 2022, 47 TexReg 947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200170", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.1", "label": "Authority" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200171", "queryAsDate": "03/11/2026" }, "ruleBody": "This chapter is promulgated under the authority of Occupations Code, Chapter 507, and applies to each member board.", "sourceNote": "Source Note: The provisions of this §881.1 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200171", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200172", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following definitions are generally applicable throughout the agency's rules and policies:(1) The term \"ALJ\" as used herein shall refer to an administrative law judge employed by SOAH.(2) The terms \"Chapter 501,\" \"Chapter 502,\" \"Chapter 503,\" \"Chapter 505,\" and \"Chapter 507\" as used herein shall refer to the corresponding chapter in the Occupations Code.(3) The term \"Executive Council\" or \"Council\" as used herein shall refer to the Texas Behavioral Health Executive Council (BHEC).(4) The term \"member board\" as used herein shall refer to:(A) The Texas State Board of Examiners of Marriage and Family Therapists (TSBEMFT);(B) The Texas State Board of Examiners of Professional Counselors (TSBEPC);(C) The Texas State Board of Examiners of Psychologists (TSBEP); or(D) The Texas State Board of Social Worker Examiners (TSBSWE).(5) The term \"PFD\" as used herein shall refer to a proposal for decision issued by an ALJ.(6) The terms \"professional development\" and \"continuing education\" as used herein have the same meaning.(7) The term \"SOAH\" as used herein shall refer to the State Office of Administrative Hearings.(8) The term \"TAC\" as used herein shall refer to the Texas Administrative Code.(b) The following definitions apply only to those rules specific to the regulation of the practice of marriage and family therapy:(1) \"LMFT\" refers to a licensed marriage and family therapist and has the same meaning as assigned by §502.002 of the Occupations Code.(2) \"LMFT Associate\" refers to a licensed marriage and family therapist associate and has the same meaning as assigned by §502.002 of the Occupations Code.(c) The following definitions apply only to those rules specific to the regulation of the practice of professional counseling:(1) \"LPC\" refers to a licensed professional counselor and has the same meaning as assigned by §503.002 of the Occupations Code.(2) \"LPC Associate\" refers to an individual licensed as a professional counselor associate under §503.308 of the Occupations Code.(d) The following definitions apply only to those rules specific to the regulation of the practice of psychology:(1) \"LPA\" or \"Psychological Associate\" refers to an individual licensed as a psychological associate under §501.259 of the Occupations Code.(2) \"LSSP\" refers to an individual licensed as a specialist in school psychology under §501.260 of the Occupations Code.(3) \"Provisionally licensed psychologist\" or \"provisional licensee\" means an individual licensed as a psychologist with provisional status under §501.253 of the Occupations Code.(4) \"PSYPACT\" refers to the Psychology Interjurisdictional Compact found in Chapter 501, Subchapter L of the Occupations Code.(e) The following definitions apply only to those rules specific to the regulation of the practice of social work:(1) \"LBSW\" refers to a licensed baccalaureate social worker and has the same meaning as assigned by §505.002 of the Occupations Code.(2) \"LCSW\" refers to a licensed clinical social worker and has the same meaning as assigned by §505.002 of the Occupations Code.(3) \"LMSW\" refers to a licensed master social worker and has the same meaning as assigned by §505.002 of the Occupations Code.(4) \"LMSW-AP\" refers to an individual licensed as a master social worker with the advanced practitioner specialty recognition.", "sourceNote": "Source Note: The provisions of this §881.2 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200172", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.3", "label": "Council and Board Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200173", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Every regular, special, or called meeting of the Council or a member board shall be open to the public as provided by the Government Code, Chapter 551 (\"the Open Meetings Act\").(b) A quorum for the Council or a member board shall consist of a majority of all the respective members as designated by statute. When a quorum is present, a motion before the body is carried by an affirmative vote of the majority of the members present and participating in the vote.(c) The presiding officers of the Council and member boards may make and second motions, as well as vote on any matter brought before their respective body without the necessity of relinquishing the chair.(d) The Council and each member board shall provide the public with a reasonable opportunity to appear before the respective body and offer public comment on any issue under the Council's or member board's jurisdiction. Persons wishing to offer public comment must sign in at the beginning of the meeting and may speak during the public comment portion of the meeting. The presiding officer shall maintain decorum and orderly proceedings, and may limit the time allowed for each individual providing public comment.", "sourceNote": "Source Note: The provisions of this §881.3 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200173", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.4", "label": "Council Member Terms" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200165", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The terms for the Council members selected by the Texas State Board of Examiners of Psychologists and the Texas State Board of Social Worker Examiners shall expire as follows:(1) for professional members, on February 1st of odd years; and(2) for public members, on February 1st of even years.(b) The terms for the Council members selected by the Texas State Board of Examiners of Professional Counselors and the Texas State Board of Examiners of Marriage and Family Therapists shall expire as follows:(1) for professional members, on February 1st of even years; and(2) for public members, on February 1st of odd years.(c) Member boards may reappoint members to serve on the Council without limitation as to the number of terms served.(d) A member selected to fill a vacancy on the Council holds office for the unexpired portion of the term.", "sourceNote": "Source Note: The provisions of this §881.4 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200165&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200165", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.5", "label": "Conflicts of Interest and Recusals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200161", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Council or board member who has any personal or professional interest that might reasonably tend to influence the discharge of the member's duties in a matter pending before the agency, shall disclose that conflict in an open meeting called and held in compliance with Chapter 551 of the Government Code. Should the required disclosure relate to a matter to be considered during a closed meeting, the member shall disclose the conflict during the closed meeting. A Council or board member may neither vote nor otherwise participate in any discussion or decision on a pending matter where the member's personal or professional interest might reasonably tend to influence the discharge of the member's duties. Any conflict disclosed by a board member shall be entered in the minutes or certified agenda of the meeting.(b) An individual who has any personal or professional interest that might reasonably tend to influence the discharge of the individual's duties while serving on a committee, temporary suspension or disciplinary review panel, or workgroup, shall disclose that conflict to the committee, panel, or workgroup, as well as to the Executive Director. The individual may neither vote nor otherwise participate in any discussion or decision on a pending matter where the individual's personal or professional interest might reasonably tend to influence the discharge of the individual's duties. Any conflict shall be entered in any minutes or notes kept by the committee, panel, or workgroup.(c) A Council or board member may not vote or otherwise participate in any discussion or decision conducted during a meeting held in compliance with Chapter 551 of the Government Code regarding a complaint or eligibility proceeding previously heard by the member while serving on a temporary suspension panel or disciplinary review panel. A Council or board member who is disqualified under this subsection shall be recused from any voting or discussions on the matter, and the recusal shall be entered in the minutes or certified agenda of the meeting.(d) Any individual who is required to make a disclosure or is recused or restricted from voting or participating in some manner under this rule, shall refrain from influencing or attempting to influence the discussion or decision on a matter in which the individual is prohibited from participating. The presiding officer or Executive Director may take reasonable steps to enforce this requirement, including requesting that the individual leave the room before beginning or continuing with a meeting, hearing, discussion, or vote.(e) A disclosure required by this rule must be made as soon as possible once an individual becomes aware of facts giving rise to a duty to take action under this rule. Any information received by a Council or board member or agency staff that might reasonably lead one to believe that an individual has a duty to take action under this rule must be sent to the Executive Director, who shall then forward the information to the individual.(f) Except as provided for in subsection (c) of this section, this rule shall not operate to preclude a Council member from voting or otherwise participating in any discussion or decision due solely to a member's service on an underlying member board.(g) It is presumed that the judgment of a reasonable person subject to this rule would not be materially affected because the individual holds a license issued by this agency or one of its member boards.(h) A person does not have an interest which is in conflict with the proper discharge of duties contemplated under this rule if any benefit or detriment accrues to the person, or any individual or group with whom the person is associated, to no greater extent than any other similarly situated person.", "sourceNote": "Source Note: The provisions of this §881.5 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200161&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200161", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.6", "label": "Limited Delegation of Executive Council Authority to Member Boards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200162", "queryAsDate": "03/11/2026" }, "ruleBody": "By rule, policy, or custom, the Council may delegate to a member board any responsibility or authority not exclusively reserved to the Council in statute. The Council retains responsibility and oversight for any decisions or actions undertaken by a member board under this grant of authority. The Council may reverse, modify, or refer any decisions or actions taken by a member board under the authority of this rule back to that member board for further action or consideration.", "sourceNote": "Source Note: The provisions of this §881.6 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200162&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200162", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.7", "label": "Unofficial Statements and Decisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200163", "queryAsDate": "03/11/2026" }, "ruleBody": "Statements and decisions made by an individual Council or board member, an advisory committee member, or a member of the agency staff are not binding on the Council, or its member boards, when conducting agency business, unless otherwise stated in these rules.", "sourceNote": "Source Note: The provisions of this §881.7 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200163&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200163", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.8", "label": "Former Council or Board Members" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200164", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Council or board member whose term has expired and who has ceased to serve will not be employed or utilized to represent the Council or one of its member boards for two years after the member's service has ended.(b) A former Council or board member may not represent that the member is an official or unofficial representative of the Council or one of its member boards. Any such representations are not binding in any way.(c) A former Council or board member may not disclose confidential or privileged information obtained during the member's service on the Council or board. Such disclosure is deemed unprofessional conduct and is grounds for disciplinary action.", "sourceNote": "Source Note: The provisions of this §881.8 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200164&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200164", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.9", "label": "Prohibition Against Dual Office Holding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200166", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Executive Director and appointed members of the agency (i.e., Council and board members) may not accept an offer to serve in another non-elective office unless they first obtain from the Council or their respective member board, a finding that the member has satisfied Article XVI, §40, of the Texas Constitution.(b) The Council or board must make a written record of any finding under subsection (a) of this section. The finding must include any compensation that the member or Executive Director receives from holding the additional office, including salary, bonus, or per diem payment.", "sourceNote": "Source Note: The provisions of this §881.9 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200166&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200166", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.10", "label": "Conflict Between Other Laws and Council Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200167", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the event of a conflict between a Council rule and the state or federal constitution, a state or federal statute, or a rule, guideline, or requirement promulgated by a federal office or agency, the state or federal law, guideline, or requirement shall control.(b) In the event of a conflict between a rule in 22 TAC Part 41 and Parts 21, 30, 34, and 35; the rules in Part 41 shall prevail.", "sourceNote": "Source Note: The provisions of this §881.10 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200167", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.11", "label": "Access to Agency Records by Appointed Members" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200168", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each member of the Council is entitled to access all information and records written, produced, collected, assembled, or maintained by the Council or a member board, including confidential information. The access granted under this subsection is limited to official agency business only.(b) Each member of an underlying board is entitled to access all information and records written, produced, collected, assembled, or maintained by the member's respective board, including confidential information. The access granted under this subsection is limited to official agency business only.(c) A request for access to information or records by a Council or board member must be directed to the Executive Director. If the request for access relates to the Executive Director, the request may be directed to the presiding officer for the Council and the General Counsel.(d) Notwithstanding the foregoing, a Council or board member may not access any confidential, non-public, or proprietary examination materials if the member intends to apply for or is a current applicant for licensure with this agency.", "sourceNote": "Source Note: The provisions of this §881.11 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200168", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.12", "label": "Statutory or Rule References" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200169", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless expressly provided otherwise, a reference to any portion of a statute or rule applies to all reenactments, revisions, or amendments of the statute or rule.", "sourceNote": "Source Note: The provisions of this §881.12 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200169", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§881.13", "label": "Conduct and Decorum" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224471", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Persons having business with or interacting with the Council, member boards, or agency staff shall conduct themselves with proper dignity, courtesy, and respect. Disorderly or disruptive conduct will not be tolerated.(b) The presiding officers for the Council and member boards may, in their own discretion, exclude from a meeting or proceeding, a person who, with intent to prevent or disrupt an agency meeting or proceeding, obstructs or interferes with the meeting or proceeding by physical action or verbal utterance. A person excluded under this rule may be excluded for the remainder of the meeting or proceeding or for a shorter period of time as is deemed just and reasonable by the presiding officer.(c) Conduct or language directed at agency officials or staff by applicants or licensees that a reasonable person would find abusive or threatening is considered unprofessional conduct and may serve as grounds for a Council-initiated complaint and disciplinary action.", "sourceNote": "Source Note: The provisions of this §881.13 adopted to be effective September 1, 2020, 45 TexReg 4751." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224471&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224471", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "RULEMAKING" }, "rule": { "number": "§881.20", "label": "Rulemaking by the Executive Council" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206310", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council shall adopt rules necessary to perform its duties and implement Title 3, Subtitle I, Chapter 507 of the Occupations Code. When carrying out its rulemaking functions, the Council shall abide by the requirements of the Administrative Procedure Act found in Chapter 2001 of the Government Code.(b) The Council shall have exclusive rulemaking authority for the agency, including rules governing general agency operations, administration of licensure, investigation of complaints, and sanction procedures. In connection with this rulemaking authority, the Council must also review draft rules proposed by each member board for anti-competitive impacts, administrative consistency, and good governance concerns.(c) The Council may propose and adopt a rule governing those matters set forth in §507.153(a) of the Occupations Code if a draft rule has been proposed by the member board for the profession. Member boards may not propose new draft rules or changes to rules except as authorized by §507.153(a).(d) Member boards must submit a new draft rule or rule change to the Council for consideration by submitting a draft of the rule with any deletions crossed through and additions underlined. The draft must also contain each of the notice components required in a preamble (e.g., §2001.024 of the Government Code) when proposing a new rule or changes to an existing rule. When submitting a new draft rule or rule change to the Council, member boards must also submit any information or comments received from the public in connection with the proposed rule.(e) When reviewing a draft rule proposed by a member board, the Council may:(1) Request additional information relevant to the rule from the member board;(2) Require the member board to conduct new or additional analysis of possible implications of the rule; and(3) Solicit public comment or hold public hearings, or alternatively, request the member board do so.(f) Following the review of a draft rule submitted by a member board, the Council shall either accept the draft rule as proposed and initiate formal rulemaking proceedings or return the draft rule to the member board for revision. When returning a rule for revision, the Council must include an explanation of the decision to reject the rule as proposed, and may recommend changes that would make the rule acceptable to the Council.(g) The Council shall, with regard to rules proposed pursuant to §507.153(a) of the Occupations Code, share with the appropriate member board any public comments received following publication of a proposed rule in the Texas Register. Following publication of a proposed rule and review of any public comments received, a member board shall suggest any changes needed to the proposed rule or vote to recommend adoption, tabling, or withdrawal of the rule and advise the Council of such. Thereafter, the Council may adopt the rule as proposed, withdraw or table the rule in accordance with the member board's recommendation, or return the rule to the member board for further revision. When returning a rule for revision, the Council must include an explanation of the decision to not adopt the rule as proposed, and may recommend any changes that would make the rule acceptable to the Council.(h) The Council may make non-substantive, editorial changes to a draft rule as necessary.(i) The Council shall consider each of the following factors when reviewing a draft rule submitted by a member board:(1) Whether the proposed rule promotes a clearly articulated and affirmatively expressed policy as established by the legislature to displace competition with government action, or whether the proposed rule reflects the exercise of discretion or implied authority by a member board;(2) Whether absence of the proposed rule poses a significant risk of harm or danger to the public health, safety, or welfare of the residents of the state that is easily recognizable and not remote or dependent on tenuous argument;(3) Whether the proposed rule seeks to regulate activities or services requiring specialized skill or training and whether the public clearly needs and will benefit from the proposed rule;(4) Whether the proposed rule would have the effect of directly or indirectly increasing the cost of mental health services and, if so, whether the increase would be more harmful to the public than the harm that might result from the absence of the proposed rule;(5) Whether the proposed rule would significantly reduce market participation or competition in the state and, if so, whether the reduction would be more harmful to the public than the harm that might result from the absence of the proposed rule; and(6) Whether the residents of the state are or may be effectively protected by other means.", "sourceNote": "Source Note: The provisions of this §881.20 adopted\r\nto be effective September 1, 2020, 45 TexReg 4753; amended to be effective\r\nMarch 17, 2025, 50 TexReg 1923." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206310&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206310", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "B", "label": "RULEMAKING" }, "rule": { "number": "§881.21", "label": "Petition for Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200176", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any interested person may petition for rulemaking in accordance with §2001.021 of the Government Code by submitting to the Council a written request for the adoption of a rule or rule change. The written request must contain a return mailing address for the agency's response.(b) The written request must, at a minimum, set forth or identify the rule the petitioner wants the Council to adopt or change, reasons why the petitioner believes the requested rulemaking is necessary, and include a copy of the proposed rule or any proposed changes with deletions crossed through and additions underlined. Additionally, the written request must affirmatively show that the requestor qualifies as an interested person under this rule. Requests which do not affirmatively show that the requestor qualifies as an interested person under this rule may be denied.(c) The written request should also address the economic cost to persons required to comply with the rule, the effects of the rule on small or micro-businesses or rural communities, and the impact the rule would have on local employment or economics, if such information can be derived from available sources without undue cost or burden.(d) A petition for rulemaking which involves any of those matters set forth in §507.153(a) of the Occupations Code will be submitted by agency staff to the appropriate member board for initial review and consideration.(e) The Council will respond to a written request for adoption of a rule from an interested person in accordance with §2001.021 of the Government Code.(f) The term \"interested person\" as used in this rule, shall have the same meaning as that assigned by §2001.021(d) of the Government Code.", "sourceNote": "Source Note: The provisions of this §881.21 adopted to be effective September 1, 2020, 45 TexReg 4753; amended t be effective February 9, 2021, 46 TexReg 915; amended to be effective September 19, 2021, 46 TexReg 6262." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200176", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "PERSONNEL" }, "rule": { "number": "§881.30", "label": "Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200177", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council shall determine qualifications for and employ an Executive Director who shall be the Chief Executive Officer of the agency.(b) The duties of the Executive Director shall be to administer and enforce the applicable law, to assist in conducting Council meetings, and to carry out other responsibilities as assigned by the Council.(c) The Executive Director shall have the authority and responsibility for the operations and administration of the agency and such additional powers and duties as prescribed by the Council. As chief executive of the agency, the Executive Director shall be responsible for the management of all aspects of administration of the agency to include personnel, financial and other resources in support of the applicable law, rules, policies, mission and strategic plan of the agency. The Executive Director may delegate any responsibility or authority to an employee of the Council. Responsibility or authority granted to the Executive Director shall include an employee designated by the Executive Director, yet accountability to the Council for all management and activity rests with the Executive Director.(d) The Executive Director may implement any emergency orders or proclamations issued by the Governor to suspend or amend existing statutes and rules. The Executive Director will notify the Council of the actions taken to comply with the Governor's emergency orders or proclamations.", "sourceNote": "Source Note: The provisions of this §881.30 adopted to be effective September 1, 2020, 45 TexReg 4754." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200177", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "PERSONNEL" }, "rule": { "number": "§881.31", "label": "Agency Staff Training and Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200178", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with the State Employee Training Act found at Government Code, Chapter 656, Subchapter C, agency staff may be permitted or required to attend training or education programs if those programs relate to the employee's duties or prospective duties, materially aid effective administration of the agency's functions, and serve an important public purpose.(b) The Council's Executive Director shall be eligible to attend training and education programs, and shall determine which other employees will be permitted or required to attend training.(c) Employees who receive training must utilize the training opportunity to prepare for technological and legal developments facing the agency, or to increase professional capabilities or competence directly related to the work of the agency.(d) An employee, prior to receiving training for three or more months, during which the employee does not perform the employee's regular duties, must enter into a written agreement with the Council to comply with the requirements of §656.103(a) of the Government Code. Employees who fail or refuse to enter into such an agreement shall not be permitted to attend training lasting three or more months.(e) The Council shall pay the costs and expenses related to approved training in accordance with the State Employee Training Act, the Comptroller's rules and regulations, and the Council's own policies relating to employee reimbursement.", "sourceNote": "Source Note: The provisions of this §881.31 adopted to be effective September 1, 2020, 45 TexReg 4754." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200178", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "PERSONNEL" }, "rule": { "number": "§881.32", "label": "Sick Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207861", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council hereby establishes a sick leave pool to assist employees and their immediate families in dealing with catastrophic illness or injury that forces them to exhaust all accrued sick leave.(b) The Council's sick leave pool shall be administered by the Executive Director in accordance with Chapter 661 of the Government Code, the rules and regulations of the Employees Retirement System of Texas, and the Texas Human Resources Statutes Inventory manual published by the Texas State Auditor's Office.(c) The Executive Director shall develop and prescribe procedures for the operation of the sick leave pool, and include such procedures in the Council's personnel manual.", "sourceNote": "Source Note: The provisions of this §881.32 adopted to be effective September 1, 2020, 45 TexReg 4754." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207861", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "C", "label": "PERSONNEL" }, "rule": { "number": "§881.33", "label": "Family Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200179", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council hereby establishes a family leave pool to provide eligible employees more flexibility in bonding with and caring for children during a child's first year following birth, adoption, or foster placement, and to care for themselves or family members suffering from serious illness, including pandemic-related illnesses or complications caused by a pandemic.(b) The Council's family leave pool shall be administered by the Executive Director in accordance with Chapter 661 of the Government Code and the Texas Human Resources Statutes Inventory manual published by the Texas State Auditor's Office.(c) The Executive Director shall develop and prescribe procedures for the operation of the family leave pool and include such procedures in the Council's personnel manual.", "sourceNote": "Source Note: The provisions of this §881.33 adopted to be effective February 27, 2022, 47 TexReg 782." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200179&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200179", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "CONTRACTS AND PROCUREMENT" }, "rule": { "number": "§881.40", "label": "Agency Contracts and Purchasing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200180", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §2155.076 of the Government Code, the Council adopts by reference the rules of the Comptroller of Public Accounts regarding purchasing protest procedures set forth in 34 TAC, Part 1, Chapter 20, Subchapter F, Division 3. All vendor protests under this rule must be submitted to the Council's Chief Financial Officer, who shall initiate a review of the protest. Any appeal to a determination of a protest by the Chief Financial Officer shall be to the Executive Director, who may elect to submit the appeal to the Council for final determination. The Council shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the Council's retention schedule.(b) In accordance with §2156.005 of the Government Code, the Council adopts by reference the rules of the Comptroller of Public Accounts regarding bid opening and tabulation set forth in 34 TAC, Part 1, Chapter 20, Subchapter C, Division 2.(c) In accordance with §2260.052 of the Government Code, the Council adopts by reference the rules of the Office of the Attorney General in 1 TAC Part 3, Chapter 68 (relating to Negotiation and Mediation of Certain Contract Disputes). The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.(d) In accordance with §2261.202 of the Government Code, the Executive Director shall be responsible for monitoring agency contracts and for monitoring agency compliance with all applicable laws governing agency contracting. The Executive Director may delegate those duties necessary to carry out this responsibility to other agency staff who report directly to the Executive Director.", "sourceNote": "Source Note: The provisions of this §881.40 adopted to be effective September 1, 2020, 45 TexReg 4754." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200180&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200180", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "881", "label": "GENERAL PROVISIONS" }, "subchapter": { "number": "D", "label": "CONTRACTS AND PROCUREMENT" }, "rule": { "number": "§881.41", "label": "Use of Historically Underutilized Businesses (HUBS)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226648", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with §2161.003 of the Government Code, the Council adopts by reference the rules of the Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter D, Division 1.", "sourceNote": "Source Note: The provisions of this §881.41 adopted to be effective September 1, 2020, 45 TexReg 4754." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226648&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226648", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.1", "label": "Application Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226649", "queryAsDate": "03/11/2026" }, "ruleBody": "Applications for licensure are processed in the following manner:(1) Applicants must submit for review an official application form, the corresponding application fee, and all information required by law to the Council. The responsibility for submitting a complete application resides solely with the applicant. An application submitted with the incorrect fee amount will be returned to the applicant.(2) Applications are reviewed in the order in which they are received, unless the applicant qualifies for expedited processing under §55.005 of the Occupations Code. Applicants who qualify for expedited processing will have their applications processed as soon as practicable. The Council will notify applicants of any deficiency in their application.(3) Applications for licensure which are incomplete will be held open for 180 days from the date of receipt, after which, if still incomplete, they will expire. If licensure is sought after an application has expired, a new application and filing fee must be submitted.(4) Applications containing a substantive problem with an applicant's qualifications that cannot be resolved by reviewing staff shall proceed through the following chain of review until such matter is resolved to the agency's satisfaction:(A) Reviewing staff's immediate supervisor;(B) Licensing Manager;(C) Executive Director;(D) Committee established by the member board for the profession charged with addressing application or licensing matters; and(E) Full member board for the profession(5) Once an application is complete, the applicant is either approved or denied to sit for any required examinations, or approved or denied licensure. Agency staff will send out a letter reflecting the agency's determination and instructions for the next steps needed, if any.", "sourceNote": "Source Note: The provisions of this §882.1 adopted\r\nto be effective September 1, 2020, 45 TexReg 4755; amended to be effective\r\nNovember 9, 2025, 50 TexReg 7285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226649&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226649", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.2", "label": "General Application File Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200190", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be complete, an application file must contain all information needed to determine an applicant's eligibility to sit for the required examinations, or the information and examination results needed to determine an applicant's eligibility for licensure. At a minimum, all applications for licensure must contain:(1) An application in the form prescribed by the Council based on member board rules and corresponding fee(s);(2) An official transcript from a properly accredited institution indicating the date the degree required for licensure was awarded or conferred. Transcripts must be received by the Council directly from the awarding institution, a transcript or credential delivery service, or a credentials bank that utilizes primary source verification;(3) A fingerprint based criminal history record check through the Texas Department of Public Safety and the Federal Bureau of Investigation;(4) A self-query report from the National Practitioner Data Bank (NPDB) reflecting any disciplinary history or legal actions taken against the applicant. A self-query report must be submitted to the agency as a PDF that ensures the self-query is exactly as it was issued by the NPDB (i.e., a digitally certified self-query response) or in the sealed envelope in which it was received from the NPDB;(5) Verification of the citizenship and immigration status information of non-citizen, naturalized, or derived U.S. citizen applicants through the DHS-USCIS Systematic Alien Verification for Entitlements Program (SAVE). Applicants must submit the documentation and information required by the SAVE program to the Council;(6) Examination results for any required examinations taken prior to applying for licensure;(7) Documentation of any required supervised experience, supervision plans, and agreements with supervisors; and(8) Any other information or supportive documentation deemed relevant by the Council and specified in its application materials. (b) The Council will accept examination results and other documentation required or requested as part of the application process from a credentials bank that utilizes primary source verification. (c) The Council may rely upon the following when verifying information from another jurisdiction: official written verification received directly from the other jurisdiction; a government website reflecting the information (e.g., active licensure and good standing); or verbal or email verification directly from the other jurisdiction.(d) For purposes of calculating time periods related to experience requirements completed while holding a license, the Council shall consider the time period to begin at the issuance of the relevant license.", "sourceNote": "Source Note: The provisions of this §882.2 adopted to be\r\neffective September 1, 2020, 45 TexReg 4755; amended to be effective\r\nSeptember 21, 2022, 47 TexReg 5864; amended to be effective July 16,\r\n2024, 49 TexReg 5146; amended to be effective November 9, 2025, 50\r\nTexReg 7286." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200190", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.3", "label": "Review and Appeal of License Denials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200191", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If an application for licensure is denied at the staff or committee level, the applicant will have 30 days from the date of denial as shown on the letter to submit a written request to the Council for review by the member board. The written request must be received on or before the 30th day following the date of denial for the request to be timely. If a timely written request for review is not made, the denial is final.(b) If an application for licensure is denied by a member board, the applicant will have 30 days from the date of denial as shown on the letter to submit a written request to the Council for a hearing at SOAH. The Council must receive the written request on or before the 30th day following the date of denial for the request to be timely. If a timely request is made, the Council shall refer the contested case to SOAH for a hearing. If a timely written request is not made, the denial is final.(c) The Council shall render a final decision on an application for licensure based upon the record following an appeal at SOAH. The final decision shall be in writing and shall be signed by the presiding officer for the Council or the Executive Director.", "sourceNote": "Source Note: The provisions of this §882.3 adopted to be effective September 1, 2020, 45 TexReg 4755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200191&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200191", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.4", "label": "Assistance in Licensing Determinations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200192", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each member board shall be responsible for reviewing any licensing matters and questions raised or brought to it by agency staff regarding an application or renewal. The member boards may utilize committees to address application or licensing matters, and shall provide the Council with a recommendation as to any licensing matters or questions raised or brought to it by agency staff regarding an application or renewal.(b) The Council shall review all licensing matters for anti-competitive impacts, administrative consistency, and good governance concerns. The Council may not substitute its judgment in licensing determinations for that of a member board where, in its sole determination, none of the aforementioned concerns are present.(c) The Council shall solicit input from and request the assistance of a member board when considering an application for issuance or renewal of a license if there are concerns about an applicant related to the standard of care or professional qualifications. The Council may specify the format of the input and assistance requested to satisfy the requirements of this rule.", "sourceNote": "Source Note: The provisions of this §882.4 adopted to be effective September 1, 2020, 45 TexReg 4755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200192", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.5", "label": "Jurisprudence Examination Requirement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200193", "queryAsDate": "03/11/2026" }, "ruleBody": "Applicants must take and pass the jurisprudence examination no more than 6 months prior to submitting an application for licensure to the Council.", "sourceNote": "Source Note: The provisions of this §882.5 adopted to be effective September 1, 2020, 45 TexReg 4755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200193", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.6", "label": "Limitation on Number of Examination Attempts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200194", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant may take an examination administered or required by the Council no more than three times. Failure to pass an examination subject to this rule within three attempts, will result in an automatic denial of an application.(b) Notwithstanding subsection (a) of this section, an applicant whose application is denied under this rule may reapply for licensure, but will not be allowed or approved to sit for the exam again until the applicant has submitted a detailed study plan designed to address the known or suspected areas of deficiency. The study plan must be approved by the relevant member board before authorization will be given to retake the examination.(c) Examinations which do not require pre-authorization by the Council to take, are not subject to this rule.", "sourceNote": "Source Note: The provisions of this §882.6 adopted to be effective September 1, 2020, 45 TexReg 4755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200194&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200194", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.7", "label": "Reasonable Accommodations for Persons with Disabilities and Dyslexia" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200195", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council shall comply with applicable provisions of the Americans with Disabilities Act (ADA) in its applications procedures by providing reasonable accommodations that do not violate or undermine the agency's mission or state law.(b) It is the responsibility of the individual applicant to inform the Council in advance of any reasonable accommodations needed during the application process, including any examinations conducted by the agency. Only requests which give the Council sufficient notice and opportunity to provide reasonable accommodations without disrupting the normal business of the agency will be considered.(c) Requests for reasonable accommodations under this rule must contain each of the following:(1) a written description of the disability, as well as the functional limitations resulting from the disability;(2) the specific accommodations requested;(3) a description of any accommodations received in the past for the disability; and(4) a formal medical or mental health diagnosis made or confirmed within the last five years by a licensed professional qualified to make the diagnosis describing the need for specific accommodations. The diagnosis must have been made or confirmed within the last 12 months for psychiatric disabilities. This requirement does not apply to physical or sensory disabilities of a permanent or unchanging nature.(d) The Council will provide reasonable examination accommodations to an applicant who has been diagnosed as having dyslexia, as defined in §51.970 of the Education Code. When requesting reasonable examination accommodations under this subsection, the applicant must comply with subsection (c) of this section.", "sourceNote": "Source Note: The provisions of this §882.7 adopted to be effective September 1, 2020, 45 TexReg 4755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200195&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200195", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.8", "label": "Rescheduling of Examination Due to Religious Holy Day" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200196", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants wishing to observe a religious holy day on which their religious beliefs prevent them from taking an examination scheduled by the Council on that religious holy day will be allowed to take the examination on an alternate date.(b) Applicants wishing to take an examination, scheduled on a religious holy day, on an alternate date must submit a written request to take the examination on an alternate date and state the religious holy day they wish to observe. Applicants must submit their written request prior to being scheduled for an examination.(c) The Council may extend any time periods for completing an examination, as needed when scheduling an alternate examination date.", "sourceNote": "Source Note: The provisions of this §882.8 adopted to be effective September 1, 2020, 45 TexReg 4755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200196&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200196", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.9", "label": "Established Application Processing Times" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213763", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council shall publish the minimum, maximum, and median times for processing applications during the preceding 12-month period on its website, together with a justification for each of these periods. These figures will be updated on an annual basis.(b) Applicants whose application processing time exceeds 90 days or the maximum processing time published on the agency's website, whichever is greater, may submit a written complaint to the Executive Director requesting a timely resolution of any dispute arising from the delay.(c) The Executive Director shall, upon receipt of a proper complaint, review the matter to determine whether the agency has good cause, as that term is defined in §2005.004 of the Government Code, for exceeding the maximum application processing time. If the maximum application processing time was exceeded and good cause is not found, the Council shall refund any application fee paid in connection with the delayed application.(d) There is no appeal of the determination made by the Executive Director under this rule. A complaint is waived if not filed within 30 days of licensure.", "sourceNote": "Source Note: The provisions of this §882.9 adopted to be effective September 1, 2020, 45 TexReg 4755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213763", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.10", "label": "Applicants with Pending Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206311", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council may hold an application in abeyance up to 180 days if there is a high priority complaint pending against the applicant. Alternatively, the Council may issue a license subject to an eligibility order in lieu of abatement.(b) An applicant will be permitted to take all required exams while an application is abated.(c) Notwithstanding any other rule, the Council may enter findings of fact and conclusions of law and take disciplinary action against a license for acts or omissions that occurred prior to the issuance of the license.", "sourceNote": "Source Note: The provisions of this §882.10 adopted to be effective June 15, 2023, 48 TexReg 2967." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206311&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206311", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.11", "label": "Applicants with Foreign Degrees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200199", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant with a foreign degree must submit an official transcript and certified translation when applying for licensure. The official transcript must be translated to English by the issuing institution, a translator that is certified by the American Translators Association, a reputable foreign translator or translation service, or a U.S. college or university official.(b) An applicant with a foreign degree must have the degree evaluated to determine if it is comparable to the degree required for the particular license sought. Foreign degree evaluations must be sent directly to the Council from the evaluation service, submitted by the applicant in the sealed envelope in which they are received from the evaluation service, or be submitted as directed by agency staff.(c) Foreign degree evaluations must be conducted by a foreign degree evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or the Association of International Credential Evaluators, Inc. (AICE). Alternatively, the Council will accept foreign degree evaluations from the National Register of Health Service Psychologists for persons applying under Chapter 501 of the Occupations Code and the International Social Work Degree Recognition and Evaluation Service for persons applying under Chapter 505 of the Occupations Code.(d) The Council retains the exclusive authority to determine whether a foreign degree is comparable to the degree required for licensure.", "sourceNote": "Source Note: The provisions of this §882.11 adopted to be effective September 1, 2020, 45 TexReg 4755; amended to be effective September 19, 2021, 46 TexReg 6263." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200199&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200199", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.12", "label": "Refusal to Issue License for Failure to Pay Child Support" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200200", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council shall, in accordance with §232.0135 of the Family Code, refuse to issue a license to an individual if the Council receives notice from a child support agency that the applicant has failed to pay child support under a support order for six months or more and the child support agency requests the Council to deny issuance of a license.(b) Following receipt of notice from a child support agency, the Council may not issue a license until the child support agency has notified the Council that the applicant has met one or more of the requirements set out in §232.0135(b) of the Family Code.(c) The Council may charge the applicant a fee equal to the application fee for a refusal under this rule.", "sourceNote": "Source Note: The provisions of this §882.12 adopted to be effective September 1, 2020, 45 TexReg 4755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200200&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200200", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.13", "label": "Protections Based On Affiliation with Religious Organizations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221687", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Chapter 2400 of the Government Code, the Council may not deny an application or renewal of a license based wholly or partly on a person's membership in, affiliation with, or contribution, donation, or other support provided to a religious organization.", "sourceNote": "Source Note: The provisions of this §882.13 adopted to be effective September 1, 2020, 45 TexReg 4755." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221687&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221687", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "A", "label": "LICENSE APPLICATIONS" }, "rule": { "number": "§882.14", "label": "Petition for Waiver or Remediation of Deficiency" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200216", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An applicant who does not meet the prerequisites for a particular license under Chapters 501, 502, 503, or 505 of the Occupations Code, may petition the Council to waive or remediate a deficiency of their application. The Council may waive a prerequisite, or allow remediation by setting reasonable conditions on the applicant for approval of the license application, if:(1) the applicant can show(A) good cause for the deficiency, or(B) that the deficiency is due to a disaster declared under Chapter 418 of the Government Code or under similar authority in another jurisdiction;(2) the prerequisite(s) is not mandated by federal law, the Texas Constitution, or state statute;(3) the deficiency would not adversely affect the public welfare; and(4) any conditions established by the member board will ensure the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice under the license sought.(b) Each member board shall be responsible for reviewing petitions for waiver or remediation of a license prerequisite in accordance with §882.4 of this chapter.", "sourceNote": "Source Note: The provisions of this §882.14 adopted to be effective November 14, 2024, 49 TexReg 8920." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200216&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200216", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "B", "label": "LICENSE" }, "rule": { "number": "§882.20", "label": "Form of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226650", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each member board shall be responsible for the content and design of its licenses, subject to the approval of the Council. A license issued by the Council shall prominently reflect the member board for the profession and reference the board being a member of the Council.(b) A license shall include the full legal name of the license holder at the time of licensure and the unique license number assigned to the license.", "sourceNote": "Source Note: The provisions of this §882.20 adopted to be effective September 1, 2020, 45 TexReg 4756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226650&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226650", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "B", "label": "LICENSE" }, "rule": { "number": "§882.21", "label": "License Statuses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210181", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Active Status. Any licensee with a license on active status may practice pursuant to that license, subject to any restrictions imposed by the Council.(b) Inactive Status.(1) A licensee with an unrestricted active or delinquent license may elect inactive status through the Council's online licensing system. A licensee who elects inactive status must pay the associated fee. A licensee may not engage in the practice of the licensee's respective profession under an inactive license.(2) A licensee with an inactive license is not required to comply with continuing education requirements while the license is inactive.(3) The inactive status period for a license shall coincide with the license renewal period. At the end of the renewal period, if the inactive status has not been renewed or the license returned to active status, the license will expire, unless there is a complaint pending against the license. An inactive license with a pending complaint that has not been renewed or returned to active status within the renewal period will remain in inactive status until resolution of the complaint. Upon resolution, the license shall be subject to any resulting disciplinary action and, if not revoked or resigned, shall expire.(4) In order to continue on inactive status, an inactive licensee must renew the inactive status each renewal period. Licensees may renew their inactive status through the Council's online licensing system by completing the online renewal requirements and paying the associated fee.(5) A licensee with a pending complaint may not place a license on inactive status. The Council may sanction a license on inactive status for violations of its rules. If disciplinary action is taken against a licensee's inactive license, the licensee must reactivate the license until the terms of the disciplinary action or restricted status have been terminated. Failure to reactivate a license when required by this paragraph shall constitute grounds for further disciplinary action.(6) An inactive license may be reactivated at any time by applying for active status through the online licensing system. When reactivating a license, a licensee must pay the renewal fee associated with the license. A license that has been reactivated is subject to the standard renewal schedule and requirements, including renewal and late fees. Notwithstanding the foregoing, a license that is reactivated within 60 days of its renewal date will be considered as having met all renewal requirements and will be renewed for the next renewal period.(7) Any licensee reactivating a license from inactive status must provide proof of completion of the continuing education requirements for renewal of that particular license before reactivation will occur.(8) A licensee wishing to reactivate a license that has been on inactive status for four years or more must take and pass the relevant jurisprudence exam with the minimum acceptable score, unless the licensee holds another license on active status within the same profession.(c) Delinquent Status. A licensee who fails to renew a license for any reason when required is considered to be on delinquent status. A licensee may not engage in the practice of the licensee's respective profession under a delinquent license. The Council may sanction a delinquent licensee for violations of its rules. Any license delinquent for more than 12 consecutive months may not be renewed and shall expire unless there is a complaint pending against the license. A license with a pending complaint that has been delinquent for more than 12 months will remain in delinquent status until resolution of the complaint. Upon resolution, the license shall be subject to any resulting disciplinary action and, if not revoked or resigned, shall expire.(d) Restricted Status. Any license that is currently suspended, on probated suspension, or is currently required to fulfill some requirements in an agency order is a restricted license. A licensee may not engage in the practice of the licensee's respective profession under a suspended license. A licensee who is under a probated suspension or other restriction may only practice under the terms of that restriction. (e) Retirement Status. A licensee who is on active, inactive, or delinquent status may retire the license by submitting an online application to the Council. However, a licensee with a pending complaint or restricted license may not retire the license. A licensee who retires a license shall be reported to have retired in good standing. A licensee may not engage in the practice of the licensee's respective profession under a retired license.(f) Resignation Status. A licensee may resign only upon express agreement with the Council. A licensee may not engage in the practice of the licensee's respective profession under a resigned license.(g) Expired Status. A license that has been delinquent for more than 12 consecutive months or any inactive license that is not renewed or reactivated is considered to be expired, except delinquent or inactive licenses pending complaint resolution. A licensee may not engage in the practice of the licensee's respective profession under an expired license.(h) Revoked Status. A revoked status results from a license being revoked pursuant to an agency order. A licensee may not engage in the practice of the licensee's respective profession under a revoked license.", "sourceNote": "Source Note: The provisions of this §882.21 adopted to be\r\neffective September 1, 2020, 45 TexReg 4756; amended to be effective\r\nJune 1, 2021, 46 TexReg 3414; amended to be effective February 27,\r\n2022, 47 TexReg 783; amended to be effective November 14, 2024, 49\r\nTexReg 8920; amended to be effective November 9, 2025, 50 TexReg 7287." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210181&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210181", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "B", "label": "LICENSE" }, "rule": { "number": "§882.22", "label": "Reinstatement of a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217168", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person whose full license has expired or been retired, revoked, or resigned, may apply for reinstatement of the license. A person seeking re-licensure must apply for reinstatement, rather than applying for a new full license.(b) An application for reinstatement shall be in writing and in the form prescribed by the Council.(c) In the case of revocation or resignation, application for reinstatement shall not be made prior to one year after the effective date of the revocation or resignation or prior to any time period specified in the order of revocation or resignation. A person whose license was revoked under §108.053 may apply for reinstatement of the license if the person meets the requirements of §108.055 of the Occupations Code.(d) A person seeking reinstatement of a license shall appear before the Council or member board to answer any questions or address any concerns raised by the person's application if requested by a council or board member or the Executive Director. Failure to comply with this paragraph shall constitute grounds for denial of the application for reinstatement.(e) The Council may approve or deny an application for reinstatement, and in the case of a denial, the Council may also set a reasonable period that must elapse before another application may be filed. The Council may also impose reasonable terms and conditions that an applicant must satisfy before reinstatement of an unrestricted license.(f) An application for reinstatement of an expired, retired, revoked, or resigned license may be granted upon proof of each of the following:(1) payment of the application fee;(2) submission of a self-query report from the National Practitioner Data Bank (NPDB) reflecting any disciplinary history or legal actions taken against the applicant. A self-query report must be submitted to the agency as a PDF that ensures the self-query is exactly as it was issued by the NPDB (i.e., a digitally certified self- query response) or in the sealed envelope in which it was received from the NPDB;(3) a fingerprint based criminal history check which reflects no disqualifying criminal history;(4) passage of any examinations required by a member board;(5) documentation of any continuing education required by a member board; and(6) submission of any other documentation or information requested in the application or which the Council or a member board may deem necessary in order to ensure the public's safety.(g) The Council will evaluate each of the following criteria when considering reinstatement of an expired, revoked, or resigned license:(1) circumstances surrounding the expiration, revocation, or resignation of the license;(2) conduct of the applicant subsequent to the expiration, revocation, or resignation of the license;(3) lapse of time since the expiration, revocation, or resignation of the license;(4) compliance with all terms and conditions imposed by the Council or a member board in any previous order; and(5) applicant's present qualification to practice the regulated profession based upon the history of related employment, service, education, or training, as well as the applicant's continuing education since the expiration, revocation, or resignation of the license.(h) Notwithstanding time limits on original applications and examinations found elsewhere in these rules, an applicant seeking reinstatement of a license must submit all required documentation and information, and successfully pass all required examinations within the period specified by the Council. Failure to do so shall result in the application for reinstatement expiring.", "sourceNote": "Source Note: The provisions of this §882.22 adopted to be effective September 1, 2020, 45 TexReg 4756; amended to be effective September 21, 2022, 47 TexReg 5865." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217168", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "B", "label": "LICENSE" }, "rule": { "number": "§882.23", "label": "License Required to Practice" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200220", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person may not engage in or represent that the person is engaged in the practice of marriage and family therapy, professional counseling, psychology, or social work within this state, unless the person is licensed or otherwise authorized to practice by law.(b) A person is engaged in the practice of marriage and family therapy within this state if any of the criteria set out in §502.002(6) of the Occupations Code occurs while a client is located in this state.(c) A person is engaged in the practice of professional counseling within this state if any of the criteria set out in §503.003(a) of the Occupations Code occurs while a client is located in this state.(d) A person is engaged in the practice of psychology within this state if any of the criteria set out in §501.003(b) of the Occupations Code occurs while a client is located in this state.(e) A person is engaged in the practice of social work within this state if any of the criteria set out in §505.0025 of the Occupations Code occurs while a client is located in this state.(f) In accordance with §113.002 of the Occupations Code, a licensee of the Executive Council may provide a mental health service, that is within the scope of the license, through the use of a telehealth service to a client who is located outside of this state, subject to any applicable regulation of the jurisdiction in which that client is located. Such conduct does not constitute the practice of marriage and family therapy, professional counseling, psychology, or social work in this state.(g) For the purposes of this rule, the term \"client\" means:(1) a recipient of marriage and family therapy, professional counseling, psychology, or social work services within the context of a professional relationship, including a child, adolescent, adult, couple, family, group, organization, community, or other populations, or other entities receiving services;(2) an individual or entity requesting the services (e.g., an employer, a state, tribal, or federal court, an attorney acting on behalf of his or her client, an office or agency within local, state, or federal government), the recipient of those services (e.g., the subject of an evaluation, assessment, or interview), and an individual or entity interviewed, examined, or evaluated for the purpose of those services (e.g. a collateral witness or collateral sources of information);(3) an organization such as a business, charitable, or governmental entity that receives services directed primarily to the organization, rather than to individuals associated with the organization;(4) minors and wards in guardianships, as well as their legal guardians; and(5) any related term for the recipient of services, such as a patient, evaluee, examinee, interviewee, participant, or any other similar term.", "sourceNote": "Source Note: The provisions of this §882.23 adopted to be effective September 1, 2020, 45 TexReg 4756; amended to be effective March 27, 2024, 49 TexReg 1944." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200220&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200220", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "B", "label": "LICENSE" }, "rule": { "number": "§882.24", "label": "Authorized Practice of Marriage and Family Therapy Without a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200221", "queryAsDate": "03/11/2026" }, "ruleBody": "Notwithstanding Rule §882.23 of this chapter, the activities or services described in §502.004 of the Licensed Marriage and Family Therapist Act are exempt from the Council's jurisdiction and do not require a license.", "sourceNote": "Source Note: The provisions of this §882.24 adopted to be effective September 1, 2020, 45 TexReg 4756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200221&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200221", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "B", "label": "LICENSE" }, "rule": { "number": "§882.25", "label": "Authorized Practice of Professional Counseling Without a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200222", "queryAsDate": "03/11/2026" }, "ruleBody": "Notwithstanding Rule §882.23 of this chapter, the activities or services described in Subchapter B of the Licensed Professional Counselor Act, together with the use of titles and descriptions of persons as contemplated therein, are exempt from the Council's jurisdiction and do not require a license.", "sourceNote": "Source Note: The provisions of this §882.25 adopted to be effective September 1, 2020, 45 TexReg 4756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200222&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200222", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "B", "label": "LICENSE" }, "rule": { "number": "§882.26", "label": "Authorized Practice of Psychology Without a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200223", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notwithstanding Rule §882.23 of the chapter, the activities or services described in §501.004 of the Psychologists' Licensing Act are exempt from the Council's jurisdiction and do not require a license.(b) The activity or service of a post-doctoral fellow or resident in psychology is exempt from the Council's jurisdiction pursuant to §501.004(a)(2) of the Psychologists' Licensing Act if all of the following criteria are met:(1) The person is enrolled in a formal post-doctoral program that is:(A) accredited by the American Psychological Association (APA) or is a member of the Association of Psychology Postdoctoral and Internship Centers (APPIC); or(B) substantially equivalent to a program described in subparagraph (A) of this paragraph;(2) The activities or services take place under qualified supervision and are part of the formal post-doctoral program; and(3) The person is designated as a psychological intern or trainee, or by another title that clearly indicates the person's training status.(c) A formal post-doctoral program which meets the following criteria will be considered substantially equivalent to an APA accredited or APPIC member program:(1) An organized experience with a planned and programmed sequence of supervised training experiences.(2) A designated psychologist responsible for the program who possesses expertise or competence in the program's area.(3) Two or more licensed psychologists on staff, at least one designated as supervisor with expertise in area of practice.(4) A minimum of 2 hours per week of face-to-face supervision.(5) A minimum of 2 additional hours per week of learning activities.(6) A minimum of 25% of the fellow's time is spent providing professional psychological services.(7) Admission requirements that require the applicant to complete all professional degree requirements and a pre-doc internship, which at a minimum meets Council requirements.(8) A requirement that participants use titles such as intern, resident, fellow, or trainee.(9) Documentation describing the goals, content, organization, entrance requirements, staff, mechanisms for a minimum of 2 evaluations per year, and a statement that the program meets Texas' licensure requirements.(10) At a minimum, an informal due process procedure regarding deficiencies and grievances.(11) A written requirement for at least 1500 hours to be completed in not less than 9 months and not more than 24 months.", "sourceNote": "Source Note: The provisions of this §882.26 adopted to be effective September 1, 2020, 45 TexReg 4756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200223&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200223", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "B", "label": "LICENSE" }, "rule": { "number": "§882.27", "label": "Authorized Practice of Social Work Without a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217169", "queryAsDate": "03/11/2026" }, "ruleBody": "Notwithstanding Rule §882.23, the activities or services described in §505.003 of the Social Work Practice Act are exempt from the Council's jurisdiction and do not require a license.", "sourceNote": "Source Note: The provisions of this §882.27 adopted to be effective September 1, 2020, 45 TexReg 4756." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217169", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "B", "label": "LICENSE" }, "rule": { "number": "§882.28", "label": "Update to Degree on a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200215", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee may update a sub-doctoral degree listed on his or her official license to a doctoral degree if the licensee submits a complete application and transcript, pays the required fee, and provides any other information or supportive documentation deemed relevant by the Council.(b) Licensees must submit an official transcript in accordance with §882.2 of this chapter indicating the date the doctoral degree was awarded or conferred. Foreign doctoral degrees must be evaluated in accordance with §882.11 of this chapter.(c) A doctoral degree must meet the minimum degree requirements for the applicable license.(d) An application to update the degree on a license is not an application for licensure, and therefore is not subject to any appeal or review under §882.3 of this chapter or Chapter 2001 of the Government Code. Further, the staff review and processing of an application under this rule is not subject to the processing times referenced in §882.9 of this chapter.", "sourceNote": "Source Note: The provisions of this §882.28 adopted to be effective March 27, 2024, 49 TexReg 1945." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200215&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200215", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "C", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§882.30", "label": "Display of License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200209", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A licensee must display an official copy of the holder's license in a prominent place in the office, building, complex, or facility where services are delivered. An official copy of a license is the original or a copy issued by the Council bearing the state agency's seal.(b) In lieu of subsection (a) of this section, a person licensed under Chapter 501 or 505 may provide to a patient or client written notification of the holder's license number accompanied by instructions for verification of same.", "sourceNote": "Source Note: The provisions of this §882.30 adopted to be effective September 1, 2020, 45 TexReg 4758." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200209&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200209", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "C", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§882.31", "label": "Advertising Restrictions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215546", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees may not authorize, use, or make any public statements or advertisements that are false, deceptive, misleading or fraudulent, either because of what they state, convey or suggest or what they omit concerning their own training, experience, supervision status, abilities or competence; their academic degrees; their credentials; their institutional or association affiliations; or their publications or research.", "sourceNote": "Source Note: The provisions of this §882.31 adopted to be effective September 1, 2020, 45 TexReg 4758." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215546&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215546", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "C", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§882.32", "label": "Duty to Update Name and Address" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200211", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants and licensees must update their name, main address, business address, email address, and phone number in the Council's online licensing system within 30 days of a change. The main address entered by an applicant or licensee must be capable of receiving mail addressed to the applicant or licensee from the agency. It is the responsibility of the individual to ensure the agency has the correct contact information for that individual.(b) Official agency correspondence will be sent to an applicant's or licensee's main address, unless otherwise required by law. The street address portion of an applicant's or licensee's main address will not be displayed in results returned from the online licensee search function and will not be publicly available via the Public Information Act. Applicants and licensees may also enter a business address in the agency's online licensing system which will be displayed, without redaction, in public search results.(c) A name change request must be accompanied by a copy of a current driver's license, social security card, marriage license, divorce decree or court order reflecting the change of name.", "sourceNote": "Source Note: The provisions of this §882.32 adopted to be effective September 1, 2020, 45 TexReg 4758; amended to be effective November 15, 2023, 48 TexReg 6607." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200211&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200211", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "C", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§882.33", "label": "Disclosure of Proprietary Examination Materials or Information Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200212", "queryAsDate": "03/11/2026" }, "ruleBody": "It is considered unprofessional conduct and grounds for disciplinary action, including denial of licensure or renewal, for any applicant or licensee to disclose the contents or any proprietary materials or information from the examinations utilized by the Council.", "sourceNote": "Source Note: The provisions of this §882.33 adopted to be effective September 1, 2020, 45 TexReg 4758." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200212&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200212", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "C", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§882.34", "label": "Filing of False or Misleading Information with the Council" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200213", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Applicants. Applicants are prohibited from providing false or misleading statements, information, or omissions in their applications, documents, and communications with the Council or member boards. For an infraction of this type, the Council may agree to process an application or other document pursuant to an eligibility order. For a serious infraction of this type that could lead to licensure of an unqualified person, the Council may deny licensure.(b) Licensees. The Council will open a complaint against a licensee for false or misleading statements, information, or omissions made in connection with an application, renewal, document, or other communication with the Council. For an infraction that led to the licensure or renewal of an unqualified person or a change in license status, the Council may revoke the license or deny any future renewal of the license.", "sourceNote": "Source Note: The provisions of this §882.34 adopted to be effective September 1, 2020, 45 TexReg 4758." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200213&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200213", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "C", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§882.35", "label": "Required Profile Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200214", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to §2054.2606 of the Government Code, all licensed psychologists must establish and maintain a public profile within the profile system maintained by the Council. The licensee's profile must contain all of the following information:(1) the name of the license holder and the address and telephone number of the license holder's primary practice location;(2) whether the license holder's patient, client, user, customer, or consumer service areas, as applicable, are accessible to disabled persons, as defined by federal law;(3) the type of language translating services, including translating services for a person with impairment of hearing, that the license holder provides for patients, clients, users, customers, or consumers, as applicable;(4) if applicable, insurance information, including whether the license holder participates in the state child health plan under Chapter 62, Health and Safety Code, or the Medicaid program;(5) the education and training received by the license holder, as required by the licensing entity;(6) any specialty certification held by the license holder;(7) the number of years the person has practiced as a license holder; and(8) if applicable, any hospital affiliation of the license holder.", "sourceNote": "Source Note: The provisions of this §882.35 adopted to be effective September 1, 2020, 45 TexReg 4758." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200214&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200214", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "C", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§882.36", "label": "Compliance with State and Federal Law" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207863", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees comply with all applicable state and federal laws affecting the practice of marriage and family therapy, professional counseling, psychology, or social work including, but not limited to:(1) Health and Safety Code, Chapter 611, Mental Health Records;(2) Family Code:(A) Chapter 32, Consent to Medical, Dental, Psychological and Surgical Treatment,(B) Chapter 153, Rights to Parents and Other Conservators to Consent to Treatment and Access to Child's Records, and(C) Chapter 261, Duty to Report Child Abuse and Neglect;(3) Human Resource Code, Chapter 48, Duty to Report Elder Abuse and Neglect;(4) Civil Practice and Remedy Code, Chapter 81, Duty to Report Sexual Exploitation of a Patient by a Mental Health Services Provider;(5) Insurance Code as it relates to submission of billing and third-party payments for mental health services provided by a licensee;(6) Code of Criminal Procedure, Chapter 46B, Incompetency to Stand Trial, and Chapter 46C, Insanity Defense;(7) Occupations Code, Chapter 102, Solicitation of Patients; Chapter 104, Healing Art Practitioners; Chapter 105, Unprofessional Conduct; and Chapter 113, Mental Health Telemedicine and Telehealth Services;(8) Education Code, Chapter 51, Duty to Report Sexual Harassment and Assault, Dating Violence, and Stalking; and(9) 18 United States Code §1347 Health Care Fraud.", "sourceNote": "Source Note: The provisions of this §882.36 adopted to be effective September 1, 2020, 45 TexReg 4758." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207863", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "C", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§882.37", "label": "COVID-19 Vaccine Passports Prohibited" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200224", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In this rule, COVID-19 has the same meaning assigned by §161.0085 of the Health and Safety Code.(b) A licensee shall not require an individual to provide any documentation certifying the individual's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the licensee or the licensee's practice.(c) Notwithstanding subsection (b) of this section, licensees may implement COVID-19 screening and infection control protocols in accordance with state and federal law to protect public health.(d) This rule shall not operate or be construed to interfere with an individual's right to access the individual's personal health information under federal law.", "sourceNote": "Source Note: The provisions of this §882.37 adopted to be effective February 27, 2022, 47 TexReg 783." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200224&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200224", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "D", "label": "CRIMINAL HISTORY AND LICENSE ELIGIBILITY" }, "rule": { "number": "§882.40", "label": "Criminal History Background Checks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200225", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Before the Council will issue a license, an applicant must undergo a fingerprint-based criminal history record check.(b) The Council may require a licensee to obtain an updated fingerprint-based criminal history record check at any time.(c) A licensee who was not required to undergo a fingerprint based criminal history record check as a condition of licensure, must undergo a fingerprint based criminal history check if directed by the Council as a condition for renewal of a license. A licensee may fulfill all other renewal requirements, but a report must be received by the Council from the Texas Department of Public Safety and the Federal Bureau of Investigation before a license will be renewed.(d) Applicants and licensees who hold a license issued by the Council or one of its member boards, and who underwent a fingerprint-based criminal history record check as part of the licensing process for that license, do not need to undergo another check.", "sourceNote": "Source Note: The provisions of this §882.40 adopted to be effective September 1, 2020, 45 TexReg 4759." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200225&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200225", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "D", "label": "CRIMINAL HISTORY AND LICENSE ELIGIBILITY" }, "rule": { "number": "§882.41", "label": "Criminal History Evaluations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In compliance with Chapter 53 of the Occupations Code, the Council will provide criminal history evaluation letters.(b) A person may request the Council provide a criminal history evaluation letter if the person is planning to enroll or is enrolled in an educational program that prepares the person for a license with this agency and the person has reason to believe that the person may be ineligible for licensure due to a conviction or deferred adjudication for a felony or misdemeanor offense.(c) The requestor must submit to the Council a completed application form requesting an evaluation letter, the required fee, and certified copies of court documentation about all convictions, deferred adjudications, or other final dispositions which may form the basis for the person's ineligibility.(d) Requestors must obtain a fingerprint criminal history record check after they have submitted an application for a criminal history evaluation letter.(e) The Council has the authority to investigate a request for a criminal history evaluation letter and may require the requestor to provide additional information about the convictions and other dispositions.(f) The Council will provide a written response to the requestor within 90 days of receipt of the request, unless a more extensive investigation is required or the requestor fails to comply with the Council's investigation.(g) In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the licensing authority at the time the letter is issued, the Council's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter.", "sourceNote": "Source Note: The provisions of this §882.41 adopted to be effective September 1, 2020, 45 TexReg 4759." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212979", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "D", "label": "CRIMINAL HISTORY AND LICENSE ELIGIBILITY" }, "rule": { "number": "§882.42", "label": "Ineligibility Due to Criminal History" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225384", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council may revoke or suspend a license, disqualify a person from receiving or renewing a license, or deny a person the opportunity to be examined for a license due to a felony or misdemeanor conviction, or a plea of guilty or nolo contendere followed by deferred adjudication, if the offense:(1) is listed in Article 42A.054 of the Code of Criminal Procedure;(2) was a sexually violent offense, as defined by Article 62.001 of the Code of Criminal Procedure; or(3) directly relates to the duties and responsibilities of a licensee.(b) In determining whether a criminal conviction directly relates to the duties and responsibilities of a licensee, the agency shall consider the factors listed in §53.022 of the Occupations Code. Each member board shall determine which crimes are directly related to the duties and responsibilities of its licensees.(c) If the agency determines that a criminal conviction directly relates to the duties and responsibilities of a licensee, the agency must consider the factors listed in §53.023 of the Occupations Code when determining whether to suspend or revoke a license, disqualify a person from receiving a license, or deny a person the opportunity to take a licensing examination. It shall be the responsibility of the applicant or licensee to provide documentation or explanations concerning each of the factors listed in the law. Any documentation or explanations received will be considered by the agency when deciding whether to suspend or revoke a license, disqualify a person from receiving a license, or deny a person the opportunity to take a licensing examination.(d) Notwithstanding any schedule of sanctions adopted by the Council or a member board, the Council shall:(1) revoke a license due to a felony conviction under §35A.02 of the Penal Code, concerning Medicaid fraud, in accordance with §36.132 of the Human Resources Code;(2) revoke or suspend a license for unprofessional conduct in accordance with §105.002 of the Occupations Code; and(3) revoke a license due to a license holder's imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.(e) In accordance with Chapter 108 of the Occupations Code, an application for licensure as a psychologist or social worker will be denied if the applicant:(1) is required to register as a sex offender under Chapter 62 of the Code of Criminal Procedure;(2) has been previously convicted of or placed on deferred adjudication for the commission of a felony offense involving the use or threat of force; or(3) has been previously convicted of or placed on deferred adjudication for the commission of an offense:(A) under §§22.011, 22.02, 22.021 or 22.04 of the Penal Code, or an offense under the laws of another state or federal law that is equivalent to an offense under one of those sections;(B) during the course of providing services as a health care professional; and(C) in which the victim of the offense was a patient.(f) A person whose application was denied under subsection (e) of this section may reapply for licensure if the person meets the requirements of §108.054 of the Occupations Code.(g) In accordance with §108.053 of the Occupations Code, the Council shall revoke the license of a psychologist or social worker if the licensee is:(1) convicted or placed on deferred adjudication for an offense described by subsection (e)(2) or (3) of this section; or(2) required to register as a sex offender under Chapter 62 of the Code of Criminal Procedure.(h) The Council will provide notice to a person whose application has been denied due to criminal history as required by §53.0231 and §53.051 of the Occupations Code.(i) A criminal offense committed in another state, tribal, territorial, or commonwealth jurisdiction or under federal law is subject to this rule if the offense is substantially similar to an offense listed in this rule.", "sourceNote": "Source Note: The provisions of this §882.42 adopted to be effective September 1, 2020, 45 TexReg 4759; amended to be effective March 7, 2023, 48 TexReg 1314." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225384&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225384", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "E", "label": "CONTINUING EDUCATION" }, "rule": { "number": "§882.50", "label": "Continuing Education and Audits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207864", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All persons issued a license by the Council are obligated to continue their professional education by completing a minimum amount of continuing education during each renewal period that they hold a license from this agency. The specific continuing education requirements for a license holder will be determined by the member board authorized to set those requirements.(b) Licensees shall report continuing education in the manner prescribed by the Council, including registering for and using any online system for documenting continuing education adopted by the Council.(c) The Council conducts two types of audits regarding continuing education. Licensees shall comply with all agency requests for documentation and information concerning compliance with continuing education requirements.(1) Random audits. Each month, 5% of the licensees will be selected by an automated process for an audit of the licensee's compliance with the agency's continuing education requirements. The agency will notify a licensee of the audit. Upon receipt of an audit notification, a licensee must submit continuing education documentation in the manner requested by the Council. (2) Individualized audits. The Council may also conduct audits of a specific licensee's compliance with its continuing education requirements at any time the agency determines there are grounds to believe that a licensee has not complied with the requirements of this rule. Upon receipt of notification of an individualized audit, the licensee must submit all requested documentation within the time period specified in the notification.", "sourceNote": "Source Note: The provisions of this §882.50 adopted\r\nto be effective September 1, 2020, 45 TexReg 4760; amended to be effective\r\nJune 1, 2021, 46 TexReg 3414; amended to be effective July 20, 2025,\r\n50 TexReg 4018." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207864", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "F", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§882.60", "label": "Special Provisions Applying to Military Service Members, Veterans, and Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215057", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council adopts by reference the definitions set forth in Chapter 55 of the Occupations Code.(b) A license may be issued to a military service member, military veteran, or military spouse upon proof of one of the following:(1) the applicant holds a current license in another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license sought in this state; or(2) within the five years preceding the application date, the applicant held the license sought in this state.(c) An applicant applying as a military spouse must submit proof of marriage to a military service member.(d) Each member board shall develop and maintain a method for determining substantial equivalency under subsection (b) of this section.(e) As part of the application process, the Executive Director may waive any prerequisite for obtaining a license, other than the requirements in subsection (b) of this section, the jurisprudence examination, and the fingerprint criminal history background check, if it is determined that the applicant's education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice under the license sought. When making this determination, the Executive Director must consult with the relevant member board or its designated application or licensing committee and consider the board's or committee's input and recommendations. In the event the Executive Director does not follow a recommendation of the board or committee, the Executive Director must submit a written explanation to the board or committee explaining why its recommendation was not followed. No waiver may be granted where a military service member or military veteran holds a license issued by another jurisdiction that has been restricted, or where the applicant has a disqualifying criminal history.(f) Each member board may develop and maintain alternate methods for a military service member, military veteran, or military spouse to demonstrate competency in meeting the requirements for obtaining a license, including receiving appropriate credit for training, education, and professional experience.(g) Each member board shall develop and maintain a method for applying credit toward license eligibility requirements for applicants who are military service members or military veterans with verifiable military service, training, or education. An applicant may not receive credit toward licensing requirements under this subsection if the applicant holds another license that has been restricted, or the applicant has a disqualifying criminal history.(h) The initial renewal date for a license issued pursuant to this rule shall be set in accordance with the agency's rule governing initial renewal dates.", "sourceNote": "Source Note: The provisions of this §882.60 adopted to be effective September 1, 2020, 45 TexReg 4761; amended to be effective February 27, 2022, 47 TexReg 784." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215057", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "F", "label": "LICENSING PROVISIONS RELATED TO MILITARY SERVICE MEMBERS, VETERANS, AND MILITARY SPOUSES" }, "rule": { "number": "§882.61", "label": "Special Licensing Provisions for Service Members and Military Spouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Notwithstanding §882.23 of this chapter and in accordance with §55.0041 of the Occupations Code and the Veterans Auto and Education Improvement Act of 2022 (Public Law No. 117-333), a service member or military spouse is authorized to practice marriage and family therapy, professional counseling, psychology, or social work without a license if the person meets each of the following requirements:(1) the service member or military spouse notifies the Council on an agency approved form or as directed by agency staff, of the service member's or military spouse's intent to practice a particular profession in this state;(2) the service member or military spouse provides verification of licensure in good standing in another jurisdiction in the similar scope of practice and in the discipline applied for in this state, and:(A) has actively used the license during the two years immediately preceding the date of application; or(B) holds a license that has licensing requirements that are substantially equivalent to the requirements for licensure in this state;(3) the service member or military spouse submits proof of residency in this state (e.g. copy of a permanent change of station order) and a copy of the service member's or military spouse's military identification card; and(4) the Council provides confirmation to the service member or military spouse that it has verified the service member's or military spouse's license in the other jurisdiction and that the service member or military spouse is authorized to practice a particular profession.(b) In order to meet the requirements of subsection (a)(2)(B) of this section, a service member or military spouse must submit a copy of the law reflecting the current licensing standards for the relevant profession in the state where the service member or military spouse is licensed, with the relevant portions highlighted for easy reference. The Council shall then determine substantial equivalency based upon the determinations made by the member boards under §882.60(d) of this chapter.(c) The Council may rely upon the following when verifying licensure under this subsection: official verification received directly from the other jurisdiction, a government website reflecting active licensure and good standing, or verbal or email verification directly from the other jurisdiction.(d) A service member or military spouse authorized to practice under this rule is subject to all laws and regulations in the same manner as a regularly licensed provider.(e) A service member or military spouse may practice under this rule while the service member or military spouse is stationed at a military installation in this state. If the service member or military spouse relied upon subsection (a)(2)(B) of this section to obtain authorization to practice, the authority shall extend only until the third anniversary of the date of confirmation referenced in subsection (a)(4) of this section.(f) In order to obtain and maintain the privilege to practice without a license in this state, a service member or military spouse must remain in good standing with every licensing authority that has issued a license to the service member or military spouse at a similar scope of practice and in the discipline applied for in this state.(g) Subsection (a)(2)(A) of this section does not apply to service members or military spouses that are licensed and able to operate in this state through an interstate licensure compact. Service members or military spouses eligible to participate in an interstate licensure compact may either apply to practice through the authority of the interstate licensure compact or through other applicable state law.(h) Notwithstanding subsection (e) of this section, in the event of a divorce or similar event (e.g., annulment, death of spouse) affecting a military spouse's marital status, a military spouse who relied upon subsection (a)(2)(B) of this section to obtain authorization to practice may continue to practice under the authority of this rule until the third anniversary of the date of confirmation referenced in subsection (a)(4) of this section.", "sourceNote": "Source Note: The provisions of this §882.61 adopted to be effective September 1, 2020, 45 TexReg 4761; amended to be effective February 27, 2022, 47 TexReg 785; amended to be effective September 21, 2023, 48 TexReg 5145." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207866", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "882", "label": "APPLICATIONS AND LICENSING" }, "subchapter": { "number": "G", "label": "EMERGENCY TEMPORARY LICENSE" }, "rule": { "number": "§882.70", "label": "Emergency Temporary License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217170", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council shall issue an emergency temporary license to practice marriage and family therapy, professional counseling, psychology, or social work if:(1) the Governor declares a disaster under §418.014 and issues a proclamation in accordance with Government Code §418.016 suspending regulatory statutes and rules which would prevent, hinder, or delay necessary action in coping with the declared disaster;(2) the Executive Director determines that enacting these emergency licensing provisions are necessary in that disaster area; and(3) the applicant meets the requirements set forth herein below.(b) An emergency temporary license issued pursuant to this rule will expire upon termination of the suspension or state of disaster, whichever occurs first.(c) An emergency temporary license issued pursuant to this rule is valid only for the practice of marriage and family therapy, professional counseling, psychology, or social work within the disaster area designated by the governor.(d) To be eligible for an emergency temporary license, an applicant must:(1) submit an application in the form prescribed by the Council; and(2) submit written verification that the applicant is actively licensed, certified, or registered to practice, marriage and family therapy, professional counseling, psychology, or social work in another jurisdiction and that the licensure, certification, or registration is in good standing.(e) For purposes of subsection (d) of this section, the term \"good standing\" means there is not current disciplinary action on the out-of-state license, certification, or registration.(f) An individual practicing under an emergency temporary license must:(1) display a copy of the emergency temporary license in a conspicuous location when delivering services, or provide written notification of the license number and instructions on how to verify the status of a license when initiating services with a patient or client;(2) provide notification to the public and the patient or client regarding how a complaint may be filed with the Council; and(3) comply with all other applicable Council rules.(g) There is no fee associated with the application or issuance of an emergency temporary license.", "sourceNote": "Source Note: The provisions of this §882.70 adopted to be effective September 1, 2020, 45 TexReg 4762; amended to be effective February 27, 2022, 47 TexReg 785." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217170", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "883", "label": "RENEWALS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§883.1", "label": "Renewal of a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200232", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All licenses subject to the jurisdiction of the Council are renewable on a biennial basis and must be renewed online.(b) Renewals are due on the last day of the license holder's birth month, but may be completed up to 60 days in advance.(c) Renewal Conditions:(1) Licensees must pay all applicable renewal and late fees, indicate compliance with any continuing education requirements, and comply with any other requests for information or requirements contained within the online renewal system as a prerequisite for renewal of a license. This paragraph is effective for licenses with expiration dates prior to November 30, 2021.(2) Licensees must pay all applicable renewal or late renewal fees, indicate compliance with any continuing education requirements, and comply with any other requests for information or requirements contained within the online renewal systems as a prerequisite for renewal of a license. This paragraph is effective for licenses with expiration dates on or after November 30, 2021.(d) In addition to the requirements of subsection (c) of this section, licensees must also show compliance with each of the following as a condition of renewal:(1) provide or update the standardized set of information about their training and practices required by §105.003 of the Health and Safety Code;(2) affirm or demonstrate successful completion of a training course on human trafficking prevention described by §116.002 of the Occupations Code; and(3) if chosen for an audit under §882.50 of this title, licensees are required to submit a self-query report from the National Practitioner Data Bank in the same manner required by §882.2 of this title.(e) Licensed psychologists must update their online profile information when renewing their license.(f) A license may not be renewed until a licensee has complied with the requirements of this rule.(g) A licensee who falsely reports compliance with continuing education requirements on his or her renewal form or who practices with a license renewed under false pretenses will be subject to disciplinary action.(h) Licensees will be sent notification of their approaching renewal date at least 30 days before their renewal date. This notification will be sent to the licensee's main address via first class mail. Responsibility for renewing a license rests exclusively with the licensee, and the failure of the licensee to receive the reminder notification from the Council shall not operate to excuse a licensee's failure to timely renew a license or any unlawful practice with a subsequent delinquent license.", "sourceNote": "Source Note: The provisions of this §883.1 adopted to be effective September 1, 2020, 45 TexReg 4762; amended to be effective November 21, 2021, 46 TexReg 7788; amended to be effective March 27, 2024, 49 TexReg 1946." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200232&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200232", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "883", "label": "RENEWALS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§883.2", "label": "Initial License Renewal Dates" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200233", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The license expiration date for a license issued by this agency is the last day of the licensee's birth month.(b) The initial renewal date for a license issued or reinstated by this agency shall be set as follows:(1) A license issued or reinstated within 180 days prior to the last day of a licensee's birth month shall be set for renewal on the next expiration date following a period of two years from the date of issuance or reinstatement.(2) A license issued or reinstated more than 180 days prior to the last day of a licensee's birth month shall be set for renewal on the next expiration date following a period of one year from the date of issuance or reinstatement.(c) Following the initial renewal dates set forth in subsection (b) of this section, a license shall become subject to the standard renewal schedule and requirements.(d) Notwithstanding subsection (b) of this section, for individuals with more than one license from a member board, the initial renewal date for a newly issued or reinstated license shall coincide with the individual's existing license renewal date.", "sourceNote": "Source Note: The provisions of this §883.2 adopted to be effective September 1, 2020, 45 TexReg 4762." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200233&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200233", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "883", "label": "RENEWALS" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§883.3", "label": "Nonrenewal for Failure to Pay Child Support" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200234", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council shall, in accordance with §232.0135 of the Family Code, refuse to renew a license if the Council receives notice from a child support agency that the licensee has failed to pay child support under a support order for six months or more and the child support agency requests the Council to deny the renewal of an existing license.(b) Following receipt of notice from a child support agency, the Council may not renew a license until the child support agency has notified the Council that the licensee has met one or more of the requirements set out in §232.0135(b) of the Family Code.(c) The Council may charge the licensee a fee equal to the renewal fee for a denial under this rule.", "sourceNote": "Source Note: The provisions of this §883.3 adopted to be effective September 1, 2020, 45 TexReg 4762." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200234&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200234", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "883", "label": "RENEWALS" }, "subchapter": { "number": "B", "label": "RENEWAL PROVISIONS FOR MILITARY PERSONNEL" }, "rule": { "number": "§883.10", "label": "Renewal Terms for Military Personnel on Active Duty" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217171", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees serving on active duty, as defined by §55.001 of the Occupations Code, may request a waiver from the continuing education requirements and renewal fees associated with the renewal of their license. Licensees who submit a written request to the Council prior to their renewal date each renewal period, and provide the Council with official verification of active duty status during their renewal period, will be granted a waiver from the continuing education requirements and renewal fees associated with the renewal of their license for that renewal period.(b) Licensees with an expired or delinquent license may request their license be reinstated or returned to active status if they would have been eligible for a waiver under subsection (a) of this section prior to their license expiring or becoming delinquent. Licensees seeking relief under this subsection must do so within two years of their license becoming delinquent.", "sourceNote": "Source Note: The provisions of this §883.10 adopted to be effective September 1, 2020, 45 TexReg 4763." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217171", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "FILING A COMPLAINT" }, "rule": { "number": "§884.1", "label": "Timeliness of Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200236", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A complaint not involving sexual misconduct will be considered timely if brought within five years of the date of the termination of professional services.(b) A complaint alleging sexual misconduct will be considered timely if brought within seven years after the date of termination of services or within five years of the patient, client or recipient of services reaching the age of majority, whichever is greater.(c) A complaint arising out of a matter required to be reported to the Council pursuant to rule §884.32 of this chapter, will be considered timely if brought within five years of the date the matter is reported to the Council. Limitations shall not begin to run for any such complaint until the matter is reported in accordance with Council rules.(d) This rule does not apply to a complaint closed as a result of the expiration of a license and subsequently reopened or initiated anew by the Council in connection with an application for reinstatement under §882.22 of this chapter.", "sourceNote": "Source Note: The provisions of this §884.1 adopted to be effective September 1, 2020, 45 TexReg 4764; amended to be effective March 27, 2024, 49 TexReg 1947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200236", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "FILING A COMPLAINT" }, "rule": { "number": "§884.2", "label": "Standardized Complaint Form" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200237", "queryAsDate": "03/11/2026" }, "ruleBody": "All complaints must be submitted on the Council-approved complaint form. The complaint form shall be obtained free of charge from the Council's website or by requesting a copy from the Council.", "sourceNote": "Source Note: The provisions of this §884.2 adopted to be effective September 1, 2020, 45 TexReg 4764." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200237&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200237", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "FILING A COMPLAINT" }, "rule": { "number": "§884.3", "label": "Special Requirements for Complaints Alleging Violations Related to Court Ordered Evaluations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who seeks to file a complaint alleging a statutory or rule violation arising out of or related to a court ordered evaluation (e.g. child custody evaluation, adoption evaluation, competency or insanity evaluation, psychological evaluation) must, in addition to submitting a Council-approved complaint form, comply with the requirements of this rule when filing a complaint. This rule does not apply to evaluations conducted in administrative proceedings before a state or federal agency.(b) A complaint subject to this rule may not be filed prior to entry of judgment or final order by the trial court, or alternatively, prior to dismissal of the case. A complaint received by the Council prior to these specified events will be dismissed by staff as premature. A complaint dismissed as premature may be resubmitted as a new complaint upon the occurrence of one of these events.(c) A complaint subject to this rule will be considered timely filed if brought within the time period specified by the general rule governing timeliness of complaints or within one year of the relevant event specified in subsection (b) of this section, whichever is greater.(d) A complaint subject to this rule must include the following documentation or information:(1) A copy of the court order appointing the licensee to conduct the evaluation, or alternatively, a transcript or excerpt therefrom or written statement from an attorney-of-record in the case reflecting the licensee's appointment;(2) A copy of the licensee's expert report, or a statement that no such report was produced or provided;(3) A copy of any judgment, final order, or dismissal entered by the trial court; and(4) A copy of any documents provided by the licensee describing the costs of services, the nature of the services provided, as well as any limitations associated with those services, or a statement that no such documents were provided.(e) A complaint that does not substantially comply with subsection (d) of this section shall be dismissed by agency staff. A complaint may be held open for no more than 30 days following notice to the complainant regarding any such deficiency, after which, agency staff shall dismiss the complaint if the deficiency is not cured.(f) A complaint subject to this rule shall be dismissed unless the complainant can show:(1) The licensee was disqualified or struck as an expert witness by the trial court;(2) The licensee's opinion or inferences (i.e. testimony or report) complained of were ruled inadmissible by the trial court;(3) A curriculum vitae and written report by an expert that provides a fair summary of the expert's opinions regarding the applicable law governing the licensee's expert opinion or report (i.e. standard of care) and the manner in which the licensee failed to meet the requirements of the applicable law. The report must come from an expert qualified to render an expert opinion under Texas law on the relevant subject;(4) A letter from an attorney licensed to practice law in Texas setting forth the applicable law governing the licensee's expert opinion or report and reflecting an opinion as to the manner in which the licensee failed to meet the requirements of the applicable law; or(5) The agency would be likely to prevail at a hearing before SOAH based upon the information provided.", "sourceNote": "Source Note: The provisions of this §884.3 adopted to be effective September 1, 2020, 45 TexReg 4764." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207867", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "FILING A COMPLAINT" }, "rule": { "number": "§884.4", "label": "Special Requirements for Complaints Alleging Violations Related to Court-ordered Therapy or Parenting Facilitator Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200238", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who seeks to file a complaint alleging a statutory or rule violation arising out of or related to court ordered therapy or parenting facilitator services must, in addition to submitting a Council-approved complaint form, comply with the requirements of this rule when filing a complaint.(b) A complaint may not be filed while the licensee is under appointment to provide therapy or parenting facilitator services. A complaint received by the Council while the licensee is appointed will be dismissed by staff as premature but may be resubmitted as a new complaint after the appointment is concluded or terminated.(c) A complaint will be considered timely filed if brought within the time period specified by the general rule governing timeliness of complaints or within one year of the appointment being concluded or terminated, whichever is greater.(d) A complaint must include each of the following:(1) Documentation reflecting the licensee's appointment in the case. A copy of a court order, docket sheet, or transcript from the proceedings or a letter from an attorney involved in the case will meet the requirements of this rule;(2) a copy of any documents provided by the licensee describing the costs, nature, or limitations of the services to be provided, or a statement that no such documents were provided;(3) an attestation that the licensee's appointment in the case has been concluded or terminated. A letter from an attorney involved in the case will also meet the requirements of this rule.(e) A complaint that does not substantially comply with subsection (d) of this section shall be dismissed by agency staff. A complaint may be held open for no more than 30 days following notice to the complainant regarding any such deficiency, after which, agency staff shall dismiss the complaint if the deficiency is not cured.", "sourceNote": "Source Note: The provisions of this §884.4 adopted to be effective February 27, 2022, 47 TexReg 786." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200238", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "FILING A COMPLAINT" }, "rule": { "number": "§884.5", "label": "Complaints Alleging Violation of Court Orders or Education Law" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A person who seeks to file a complaint alleging a violation of a court order in connection with the delivery of services by a licensee must, in addition to submitting a Council-approved complaint form, submit a certified copy of the court order violated and a certified copy of the judgment, order, or minutes of the court reflecting a finding of violation by the licensee. A complaint subject to this rule not in strict compliance with this requirement will be dismissed by agency staff.(b) Complaints Involving Standard of Care Issues in Schools:(1) An individual wishing to file a complaint against a licensee for any matter relating to the identification, evaluation, or educational placement of or the provision of a free appropriate public education to a student, must first exhaust all administrative remedies available to that individual under 19 TAC §89.1150 of the Commissioner's Rules Concerning Special Education Services, Texas Education Agency. An individual that has gone through a due process hearing with the Texas Education Agency will be considered to have exhausted all administrative remedies.(2) For purposes of this rule, limitations shall not begin to run until all of the administrative remedies referenced in paragraph (1) of this subsection have been exhausted.(3) Notwithstanding paragraph (1) of this subsection, an individual employed or contracted by the same public or private school as the licensee may file a complaint covered by paragraph (1) of this subsection regardless of whether any administrative remedies available under state or federal education law are utilized by the parent or legal guardian of a student. A complaint brought under this provision shall be subject to the rule of limitations.(4) This rule shall not operate to preclude any individual from filing a complaint against a licensee for any matter other than those described in paragraph (1) of this subsection, nor shall it operate to limit the Council's ability to bring a complaint for any matter within the agency's jurisdiction.", "sourceNote": "Source Note: The provisions of this §884.5 adopted to be effective September 1, 2020, 45 TexReg 4764." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200239", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "A", "label": "FILING A COMPLAINT" }, "rule": { "number": "§884.6", "label": "Protections Based On Affiliation with Religious Organizations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225385", "queryAsDate": "03/11/2026" }, "ruleBody": "In accordance with Chapter 2400 of the Government Code, the Council and member boards may not initiate or take disciplinary action, including eligibility proceedings, against applicants or licensees based wholly or partly on the person's membership in, affiliation with, or contribution, donation, or other support provided to a religious organization.", "sourceNote": "Source Note: The provisions of this §884.6 adopted to be effective September 1, 2020, 45 TexReg 4764." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225385&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225385", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "B", "label": "INVESTIGATIONS AND DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§884.10", "label": "Investigation of Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200241", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following priority rating system shall serve to distinguish between categories of complaints. The priority rating system is as follows:(1) High Priority - cases involving sexual misconduct or a probability of imminent physical harm to the public or a member of the public; and(2) Regular Priority - cases involving all other violations of state or federal law.(b) The Enforcement Division shall investigate all complaints in a timely manner. A schedule shall be established for conducting each phase of a complaint that is under the control of the Council not later than the 30th day after the date the complaint is received. The schedule shall be kept in the information file of the complaint, and all parties shall be notified of the projected time requirements for pursuing the complaint. A change in the schedule must be noted in the complaint information file, and all parties to the complaint must be notified in writing not later than the seventh day after the date the change is made.(c) The Council may accept, but is not obligated to investigate, a complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint, a complaint that lacks sufficient evidence to identify a specific violation, or a complaint with an uncooperative complainant.(d) A complainant may explain the allegations made in the complaint by attaching or including with the complaint any evidence the complainant believes is relevant to a determination of the allegations, including written statements or communications, medical or mental health records, recordings, photographs, or other documentary evidence.(e) A review will be conducted upon receipt of a complaint to determine if the Council has jurisdiction over the complaint, and if so, whether the complaint states an allegation which, if true, would constitute a violation of the Council's rules or other law within the jurisdiction of the Council.(f) When a licensee's conduct or statements could lawfully be made under an authority separate from their license issued by the Council, any conduct or statement that falls within the scope of practice of their license will be presumed to be taken or made under the authority of that license, and therefore within the jurisdiction of the Council, unless the licensee can show:(1) no reasonable person would believe the conduct or statement occurred in the context of a professional relationship, or(2) the licensee clearly and unequivocally disclaimed acting under the authority of their license prior to the conduct or statement, received written acknowledgement and consent from any clients that no professional services would be provided under the authority of their license, and did not otherwise engage at any time in the scope of practice of their license in relation to the conduct or statement. (g) Complaints that do not state a violation of a law within the jurisdiction of the Council shall be dismissed. If the complaint alleges a violation of a law within the jurisdiction of another agency, the complaint will be referred to that agency as required or allowed by law.(h) Complaints that state a violation of a law within the jurisdiction of the Council shall be investigated by an investigator assigned by the Enforcement Division.(i) Licensees will receive written notice of any alleged complaint(s), including specific information regarding any violation(s) encountered. Notice to a licensee is effective and service is complete when sent by registered or certified mail to the licensee's address of record at the time of the mailing.(j) Following completion of the investigation, an investigation report shall be drafted. This report shall include a recommendation as to whether the investigation has produced sufficient evidence to establish probable cause that a violation has occurred.(k) The Enforcement Division Manager (or the manager's designee) and legal counsel shall review the investigation report to determine if there is probable cause that a violation occurred.(l) A complaint for which the staff determines probable cause exists shall be referred for an informal conference by agency staff or a member board's Disciplinary Review Panel. Agency staff shall send the respondent notice of the date and time of the informal conference.(m) A complaint for which staff or a Disciplinary Review Panel determines that probable cause does not exist shall be referred for dismissal.(n) The services of a private investigator shall be retained only in the event that staff investigator positions are vacant or inadequate to provide essential investigative services. The services of a private investigative agency shall be obtained in accordance with the state's procurement procedures.(o) If a complainant or respondent are represented by an attorney, any notice or service required by law shall be made upon the attorney at the attorney's last known address.", "sourceNote": "Source Note: The provisions of this §884.10 adopted to be\r\neffective September 1, 2020, 45 TexReg 4765; amended to be effective\r\nJune 15, 2023, 48 TexReg 2967; amended to be effective November 14,\r\n2024, 49 TexReg 8921; amended to be effective July 20, 2025, 50 TexReg\r\n4019." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200241", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "B", "label": "INVESTIGATIONS AND DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§884.11", "label": "Informal Conferences" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200242", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The purpose of an informal conference shall be to provide the complainant with an opportunity to be heard, the respondent with an opportunity to show compliance with the law, and for the agency staff or Disciplinary Review Panel to make a recommendation regarding the informal disposition of the complaint. An informal disposition may be made of any complaint by stipulation, conditional letter of agreement, agreed or consent order, or dismissal.(b) Agency staff may conduct an informal conference if counsel for the agency reasonably believes that expert testimony is not required to prove a violation of a standard of care or the scope of practice for the profession. Agency staff shall exercise reasonable control over the mode and order of the appearance by the parties, the presentation of witnesses and evidence, and the overall order and decorum during the proceedings. Complainants and respondents will be provided an opportunity to be heard by staff, at a time separate and apart from the other.(c) A Disciplinary Review Panel shall consist of not more than three board members selected by the member board. The panel shall confer with each other and select a chair for the informal conference. The panel chair shall exercise reasonable control over the mode and order of the appearance by the parties, the presentation of witnesses and evidence, and the overall order and decorum during the proceedings. Complainants and respondents will be provided an opportunity to be heard by the panel, at a time separate and apart from the other.(d) Complainants and respondents may appear with legal counsel at informal conferences and shall be provided with an opportunity to present witnesses and any evidence they believe is relevant to a determination of the allegations, including written statements or communications, medical or mental health records, recordings, photographs, or other documentary evidence.(e) Complainants and respondents are encouraged to attend informal conferences, but attendance is voluntary.(1) Failure by a respondent to attend an informal conference does not constitute professional misconduct or failure to cooperate with a Council investigation, but a respondent is not entitled to a new or additional informal conference if agency staff or the panel makes a disciplinary recommendation regarding the licensee in absentia.(2) Failure by a complainant to attend an informal conference may result in a recommendation for dismissal of the complaint.(f) A complaint which is not dismissed or resolved by agreement following an informal conference, shall be filed as a contested case with the State Office of Administrative Hearings.(g) An attorney for the agency must be present at all informal conferences.(h) Informal conferences are not open meetings subject to Chapter 551 of the Government Code and no formal record of the proceedings shall be made or maintained.(i) The Council finds and declares that informal conferences are part of the confidential complaint and investigation process, and as such, the Disciplinary Review Panel and agency staff shall take any and all steps necessary to ensure the confidentiality of informal conferences in accordance with §507.205 of the Occupations Code.", "sourceNote": "Source Note: The provisions of this §884.11 adopted to be effective September 1, 2020, 45 TexReg 4765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200242", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "B", "label": "INVESTIGATIONS AND DISPOSITION OF COMPLAINTS" }, "rule": { "number": "§884.12", "label": "Complaint Disposition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "210182", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Council must approve and enter all final orders following a contested case before SOAH or where no agreement exists between the agency and the respondent regarding the disposition of a contested enforcement related matter. However, each member board shall be responsible for reviewing complaints involving the standard of care, ethical guidelines, or scope of practice following a contested case before SOAH and making a recommendation to the Council regarding the final disposition. A recommendation from a member board must include any recommended modifications to the findings of fact and conclusions of law in the PFD, as well as the recommended sanction. A proposed final order reflecting a member board's recommendations shall satisfy the requirements of this rule.(b) The Council shall review recommendations from member boards for anti-competitive impacts, administrative consistency, and good governance concerns. The Council may not substitute its judgment in contested enforcement matters for that of a member board where, in the Council's determination, none of the aforementioned concerns are present.(c) The Council may solicit input from and request the assistance of a member board when considering a contested enforcement matter if there are concerns about the standard of care or ethical practice shown by a licensee. The Council may specify the format of the input and assistance requested to satisfy the requirements of this rule.(d) Each member board is authorized to dismiss complaints and approve and enter agreed final orders and informal dispositions; Council ratification is not required. The Executive Director shall report the number of dismissals and agreed orders entered under this rule at Council meetings.(e) Disposition by the Executive Director.(1) The Executive Director is authorized to:(A) dismiss a complaint if the investigator and legal counsel agree that a violation did not occur or that the agency lacks jurisdiction over the complaint;(B) dismiss a complaint recommended for dismissal by a Disciplinary Review Panel;(C) dismiss a complaint following a contested case hearing before SOAH where the ALJ finds no violation of the law has occurred;(D) accept the voluntary resignation of a license;(E) offer, approve, and enter agreed orders if the disciplinary sanction imposed complies with the disciplinary guidelines and relevant schedule of sanctions; and(F) enter an order suspending a license upon receipt of an order suspending a license issued under Chapter 232 of the Family Code. Council ratification is not required.(2) The Executive Director shall report the number of agreed orders, dismissals, resignations, and suspensions ordered, along with a brief summary of the basis for each, to the Council and relevant member board at the next regular meeting.(3) The Executive Director must, when offering an agreed order or resignation order prior to an informal conference, advise the respondent of the right to an informal conference and that the matter will be set for an informal conference if requested or if an informal disposition cannot be agreed upon.(f) Any person who files a complaint will be notified of the disposition of the complaint. A person who filed a complaint that is dismissed will be notified of the dismissal by letter and the letter will reflect the legal basis or reason for the dismissal. A person who filed a complaint resulting in disciplinary action will be sent a copy of the Council's final order.", "sourceNote": "Source Note: The provisions of this §884.12 adopted to be effective September 1, 2020, 45 TexReg 4765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=210182&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "210182", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES AND SCHEDULE OF SANCTIONS" }, "rule": { "number": "§884.20", "label": "Disciplinary Guidelines and General Schedule of Sanctions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200243", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. These disciplinary sanction guidelines are designed to provide guidance in assessing sanctions for violations of the Occupations Code, Chapter 507, and the Council's rules. The purpose of disciplinary sanctions is to protect the public, deter future violations, offer opportunities for rehabilitation if appropriate, punish violators, and deter others from violations. These guidelines are intended to promote consistent sanctions for similar violations, facilitate timely resolution of cases, and encourage settlements. (1) Single Violation. The standard disciplinary sanctions outlined in the applicable schedule of sanctions shall apply to cases involving a single violation, and in which there are no aggravating or mitigating factors. (2) Multiple Violations. The Council may impose more severe or restrictive sanctions for multiple violations. (3) Aggravating and Mitigating Factors. The Council may impose more or less severe or restrictive sanctions, based on any aggravating and/or mitigating factors that are found to apply in a particular case. (4) The standard and minimum disciplinary sanctions outlined below are applicable to persons who are being sanctioned for the first time. The Council may consider more severe or restrictive sanctions if a person has had a sanction assessed against them previously. (5) The maximum disciplinary sanction in all cases is revocation of the license, which may be accompanied by an administrative penalty of up to $5,000 per violation. In accordance with §507.352 of the Occupations Code, each day the violation continues or occurs is a separate violation. (6) Each violation constitutes a separate offense, even if arising out of a single act. (7) Failure to list a specific violation or Council rule in this rule does not prevent the Council from taking disciplinary action for such a violation. (8) If a sanction for a violation of state or federal law is not listed in this rule, or specifically stated elsewhere, the sanction shall be a reprimand and administrative penalty. (9) Notwithstanding paragraph (8) of this subsection, the Council will evaluate and determine the appropriate sanction for a licensee with a qualifying criminal conviction in accordance with §53.021 of the Occupations Code. (10) The Council may combine an administrative penalty with another standard disciplinary sanction to protect the public or deter future violations. (b) Standard Disciplinary Sanctions. The Council may impose the following disciplinary sanctions which are listed in descending order of severity: (1) Revocation; (2) Suspension for a definite period of time; (3) Suspension plus probation of any or all of the suspension period; (4) Probation of the license for a definite period of time; (5) Reprimand; and(6) Administrative penalty. (c) The following standard disciplinary sanctions shall apply to violations of:Attached Graphic(d) Additional Conditions. The Council may impose additional conditions or restrictions upon a license deemed necessary to facilitate the rehabilitation and education of the licensee and to protect the public, including but not limited to: (1) Consultation with the licensee on matters of ethics rules, laws and standards of practice by a licensed professional approved by the Council; (2) Restrictions on the licensee's ability to provide certain types of services or to provide services to certain classes of patients;(3) Restrictions on the licensee's supervision of others in a particular area of practice; (4) Completion of a specified number of continuing education hours on specified topics approved in advance by the Council in addition to any minimum number required of all licensees as a condition of licensure; (5) Taking and passing with the minimum required score of any examination required by the Council of a licensee; and (6) Undergoing a psychological or medical evaluation by a qualified professional approved in advance by the Council and undergoing any treatment recommended pursuant to the evaluation. (e) Aggravating Factors. Aggravating factors are those which may increase the severity of unprofessional conduct, justifying the imposition of a more severe penalty. Such factors include, but are not limited to the following: (1) Physical or emotional harm and the type and severity thereof; (2) Economic harm to any individual or entity and the severity thereof; (3) Increased potential for harm to the public; (4) Attempted concealment of misconduct; (5) Premeditated conduct; (6) Intentional misconduct; (7) Prior written warnings or written admonishments from any supervisor or governmental agency or official regarding statutes or regulations pertaining to the licensee's practice; (8) Prior misconduct of a similar or related nature; (9) Disciplinary history; (10) Likelihood of future misconduct of a similar nature; (11) Violation of a Council order; (12) Failure to implement remedial measures to correct or alleviate harm arising from the misconduct; (13) Lack of rehabilitative effort or potential; and (14) Improper or inappropriate motive. (f) Mitigating Factors. Mitigating factors are those which may reduce the severity of unprofessional conduct. Such factors include, but are not limited to the following: (1) Acceptance of responsibility; (2) Self-reporting of unprofessional conduct; (3) Implementation of remedial measures to correct or mitigate harm arising from the unprofessional conduct; (4) Good-faith motive; (5) Rehabilitative efforts or potential; and(6) Prior community service.", "sourceNote": "Source Note: The provisions of this §884.20 adopted to be effective September 1, 2020, 45 TexReg 4767; amended to be effective September 21, 2022, 47 TexReg 5865." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200243", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "C", "label": "DISCIPLINARY GUIDELINES AND SCHEDULE OF SANCTIONS" }, "rule": { "number": "§884.21", "label": "Assessment of Sanction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200245", "queryAsDate": "03/11/2026" }, "ruleBody": "The Council, subject to §507.306 of the Occupations Code, has the exclusive authority to assess sanctions against licensees who are found to have violated a law within its jurisdiction. While the Council will consider an ALJ's recommendations as to the sanctions to be imposed, it is not bound by such recommendations. The appropriate sanction is not a proper finding of fact or conclusion of law, and the determination of the appropriate sanction is reserved to the Council based upon the relevant schedule of sanctions and record in a contested case.", "sourceNote": "Source Note: The provisions of this §884.21 adopted to be effective September 1, 2020, 45 TexReg 4767." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200245", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "D", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§884.30", "label": "Cooperation with Council Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200246", "queryAsDate": "03/11/2026" }, "ruleBody": "Licensees must cooperate with and respond to Council investigations. Failure to cooperate or respond may serve as grounds for a Council-initiated complaint and disciplinary action.", "sourceNote": "Source Note: The provisions of this §884.30 adopted to be effective September 1, 2020, 45 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200246&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200246", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "D", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§884.31", "label": "Notice to the Public of Complaint Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200247", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees shall provide notice to the public (e.g., patients, clients) that complaints can be filed with the Council by any of the following methods:(1) on a registration form, application, written contract for services, or other intake paperwork required by licensees prior to delivering services;(2) on a sign prominently displayed in the licensee's place of business or location where services are delivered. The sign must be printed on paper of no less than 8-1/2 inches by 11 inches in size;(3) in a prominent and easily accessible location on the licensee's website; or(4) in a bill for services.(b) The notice required by this rule must include the Council's name, mailing address, and telephone number, as well as the following statement:Attached Graphic", "sourceNote": "Source Note: The provisions of this §884.31 adopted to be effective September 1, 2020, 45 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200247&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200247", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "D", "label": "DUTIES AND RESPONSIBILITIES" }, "rule": { "number": "§884.32", "label": "Reportable Legal Action and Discipline" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200248", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Licensees are required to report legal actions as follows:(1) Any conviction, sentence, dispositive agreement, or order placing the licensee on community supervision or pretrial diversion, must be reported in writing to the Council within thirty days of the underlying event. A report must include the case number, court, and county where the matter is filed, together with a description of the matter being reported. A licensee shall provide copies of court documents upon request from agency staff.(2) Any lawsuit brought by or against a licensee concerning or related to the delivery of services regulated by this agency or billing practices by the licensee. A report must include a copy of the initial pleading filed by or served upon the licensee, and must be submitted to the Council within thirty days of either filing by or service upon the licensee.(3) Any administrative or disciplinary action initiated against a licensee by another health regulatory agency in this state or any other jurisdiction, or any agency or office within the federal government, must be reported to the Council by sending notification of the action within thirty days of the licensee receiving notice of the action. A report must include a copy of any complaint, notice of violation, or other documentation received by the licensee from the initiating entity which describes the factual basis for the action. A licensee must also supplement this report to the Council with a copy of any order, letter, or determination setting forth the final disposition of the matter within thirty days following the final disposition.(b) A complaint shall be opened if a reported criminal action constitutes grounds for disciplinary action under applicable state or federal law. A complaint may be opened if a reported civil action constitutes grounds for disciplinary action under Council rules.(c) Reciprocal Discipline:(1) A complaint may be opened upon receipt of a report of discipline against a licensee by another health licensing agency in this state or any other jurisdiction.(2) The Council may impose disciplinary action on a licensee according to its own schedule of sanctions for the conduct forming the basis of the other health licensing agency's disciplinary action.(3) A voluntary surrender of a license in lieu of disciplinary action or during an investigation by another health licensing agency constitutes disciplinary action under this rule.", "sourceNote": "Source Note: The provisions of this §884.32 adopted to be effective September 1, 2020, 45 TexReg 4768." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200248", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "E", "label": "LICENSE SUSPENSION" }, "rule": { "number": "§884.40", "label": "Temporary Suspension of a License" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200249", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §507.302 of the Occupations Code, a license shall be temporarily suspended when the Council or an executive committee of the Council determines that the continued practice by a licensee (respondent) would constitute a continuing and imminent threat to the public welfare.(b) An executive committee of the Council shall convene as follows:(1) For each temporary suspension proceeding, the Council shall appoint a three-member executive committee, called a \"suspension panel,\" to consider the information and evidence presented by agency staff. The suspension panel must have at least one member from the same profession as the respondent and a majority of members from the respondent's member board. The suspension panel shall confer with each other and name a chair of the suspension panel.(2) In the event of the recusal of a suspension panel member or the inability of a suspension panel member to attend a temporary suspension proceeding, the presiding officer for the Council may appoint an alternate council member to serve on the suspension panel.(3) The suspension panel may convene in-person or via telephone, video conference, or other electronic means.(c) Temporary Suspension Hearing. The meeting at which the suspension panel considers a temporary suspension is a temporary suspension hearing. At the temporary suspension hearing, agency staff shall present evidence and information to the suspension panel that the continued practice by a person licensed by the Council would constitute a continuing and imminent threat to the public welfare. Notice of the temporary suspension hearing shall be sent to the respondent no less than 10 days before the hearing by personal service or by registered or certified mail.(d) Order of Temporary Suspension. If a majority of the suspension panel votes to temporarily suspend a license, the suspension shall have immediate effect, and the chair of the suspension panel will sign an Order of Temporary Suspension. The Order of Temporary Suspension shall include a factual and legal basis establishing imminent peril to the public health, safety, or welfare, as required by §2001.054(c-1) of the Government Code. The Order shall be sent to the respondent by first-class mail or email.(e) Temporary Suspension Without Notice. In accordance with §507.302(b) of the Occupations Code, a license may be suspended without notice to the respondent if at the time of the suspension, agency staff request a hearing before SOAH to be held as soon as practicable but no later than 14 days after the date of the temporary suspension. The hearing is referred to as the \"probable cause hearing.\"(f) Notice, Continuance, and Waiver of Probable Cause Hearing. Agency staff shall serve notice of the probable cause hearing upon the respondent in accordance with SOAH's rules. The respondent may request a continuance or waiver of the probable cause hearing. If the ALJ grants the continuance request or the respondent waives the probable cause hearing, the suspension remains in effect until the suspension is considered by SOAH at the continued probable cause hearing or at the final hearing. If the probable cause hearing is not held within 14 days and the respondent did not request a continuance or waive the probable cause hearing, the suspended license is reinstated.(g) Probable Cause Hearing. At the probable cause hearing, an ALJ shall determine whether there is probable cause to continue the temporary suspension of the license and issue an order on that determination.(h) Final Hearing. The State Office of Administrative Hearings shall hold a hearing no later than 61 days from the date of the temporary suspension. At this hearing, agency staff shall present evidence supporting the continued suspension of the license and may present evidence of any additional violations related to the licensee. This hearing is referred to as the \"final hearing.\"(i) Notice and Continuance of Final Hearing. Agency staff shall send notice of the final hearing in accordance with SOAH's rules. The respondent may request a continuance or waive the final hearing. If a final hearing is not held within 61 days of the date of the temporary suspension and the respondent did not request a continuance or waive the final hearing, the license is reinstated.(j) Proposal for Decision. Following the final hearing, the ALJ shall issue a PFD on the suspension. The PFD may also address any other additional violations related to the licensee.(k) A temporary suspension takes effect immediately and shall remain in effect until:(1) a final or superseding order of the Council is entered;(2) the ALJ issues an order determining that there is no probable cause to continue the temporary suspension of the license; or(3) a SOAH hearing is not timely held.", "sourceNote": "Source Note: The provisions of this §884.40 adopted to be effective September 1, 2020, 45 TexReg 4769." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200249", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "E", "label": "LICENSE SUSPENSION" }, "rule": { "number": "§884.41", "label": "Suspension of License for Failure to Pay Child Support" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200250", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) On receipt of a final court order or order from a Title IV-D agency (e.g. the Texas Attorney General) suspending a license due to failure to pay child support, the Executive Director shall immediately determine if the Council has issued a license to the obligor named on the order, and, if a license has been issued:(1) enter an order of suspension of the license;(2) report the suspension as appropriate; and(3) demand surrender of the suspended license.(b) The Council shall implement the terms of an order suspending a license without additional review or hearing. The Council will provide notice of suspension as appropriate to the licensee and others concerned with the license.(c) The Council may not modify, remand, reverse, vacate, or stay an order suspending a license issued under Chapter 232 of the Family Code and may not review, vacate, or reconsider the terms of a final order suspending the license.(d) A licensee who is the subject of a court order or order from a Title IV-D agency suspending the individual's license is not entitled to a refund for any fee paid to the Council.(e) If a suspension overlaps a license renewal period, an individual with a license suspended under this section shall comply with the normal renewal procedures.(f) An individual who continues to engage in the practice of marriage and family therapy, professional counseling, psychology, or social work after the implementation of the order suspending the individual's license is liable for the same civil and criminal penalties provided for engaging in the licensed activity without a license or while a license is suspended.(g) On receipt of a court order or order from a Title IV-D agency vacating or staying an order suspending a license, the Executive Director shall promptly issue the affected license to the individual if the individual is otherwise qualified for the license.(h) The individual must pay a reinstatement fee in an amount equal to the renewal fee for the license prior to issuance of the license.", "sourceNote": "Source Note: The provisions of this §884.41 adopted to be effective September 1, 2020, 45 TexReg 4769." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200250", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "F", "label": "SPECIAL PROVISIONS FOR PERSONS LICENSED TO PRACTICE PSYCHOLOGY" }, "rule": { "number": "§884.50", "label": "Competency Evaluations under Chapter 501 of the Occupations Code" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §501.158 of the Occupations Code, based upon the Council's reasonable belief that an applicant or person licensed under Chapter 501 is not physically or mentally competent to provide psychological services with reasonable skill and safety to patients or has a physical or mental disease or condition that would impair the person's competency to provide psychological services, the Council may request the person submit to:(1) a physical examination by a physician approved by the Council; or(2) a mental examination by a physician or psychologist approved by the Council.(b) The Council may carry out its functions under this rule by and through an executive committee of the Council, which may convene as follows:(1) For each competency evaluation proceeding, the Council may appoint a three-member executive committee, called a \"competency evaluation panel,\" to issue requests for physical or mental examinations, conduct show cause hearings, and issue orders determining whether a person's failure to submit to an examination was justified or unjustified. The competency evaluation panel must consist of a majority from TSBEP with at least one member holding the same license as the respondent. The competency evaluation panel shall confer with each other and name a chair for the panel.(2) In the event of the recusal of a competency evaluation panel member or the inability of a panel member to attend a competency evaluation proceeding, the presiding officer for the Council may appoint an alternate council member to serve on the competency evaluation panel.(3) The competency evaluation panel may convene in-person or via telephone, video conference, or other electronic means.(c) If the person should refuse, ignore, or fail to comply with the Council's request, the Council shall issue an order requiring the person to show cause for the person's refusal at a hearing on the order scheduled for not later than the thirtieth (30) day after the date the notice is served on the person. Notice shall be provided by either personal service or by registered mail, return receipt requested. The meeting at which the Council considers a person's failure to comply with an examination request is a \"show cause hearing.\" At the show cause hearing, agency staff may present evidence and information to the Council that demonstrates the reasonable belief that an examination is necessary and may also present evidence of any additional violations related to the person. The person may appear, at the show cause hearing, in person and by counsel and present evidence to justify the person's refusal to submit to examination as well as respond to any additional violations.(d) After the show cause hearing, if a majority of the Council votes that the person's failure to comply with the request was unjustified then the Council shall issue an order requiring the person to submit to the examination. If a majority of the Council votes that the person's failure to comply with the request was justified, then the Council shall issue an order withdrawing the request for the examination.(e) If the person fails to comply with the order issued after the show cause hearing requiring the person to submit to a physical or mental examination, the Council may take disciplinary action against the person by docketing the matter at SOAH.(f) Following a SOAH hearing, the ALJ shall issue a PFD on whether the person's failure to comply with the Council's order and request was justified. The PFD shall also address any other additional violations related to the person.(g) The Council shall review the PFD at a regularly scheduled meeting after the PFD is issued and the Council shall issue a final order in the matter.(h) An appeal from the Council's order under this section is governed by Chapter 2001 of the Government Code.", "sourceNote": "Source Note: The provisions of this §884.50 adopted to be effective September 1, 2020, 45 TexReg 4770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200251", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "F", "label": "SPECIAL PROVISIONS FOR PERSONS LICENSED TO PRACTICE PSYCHOLOGY" }, "rule": { "number": "§884.51", "label": "Remedial Plans under Chapter 501 of the Occupations Code" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §501.411 of the Occupations Code, the Council may issue and establish the terms of a non-disciplinary remedial plan to resolve the investigation of a complaint against a person licensed under Chapter 501.(b) A remedial plan may not contain a provision that:(1) revokes, suspends, limits, or restricts a person's license or other authorization to practice psychology; or(2) assesses an administrative penalty against a person.(c) A remedial plan may not be imposed to resolve a complaint:(1) concerning significant patient harm; or(2) in which the appropriate resolution may involve a restriction or limitation on the manner in which a license holder practices psychology or the suspension or revocation of a license.(d) The Council may not issue a remedial plan to resolve a complaint against a license holder if the license holder has previously entered into a remedial plan with the Council for the resolution of a different complaint.(e) The Council may issue a remedial plan to resolve a complaint against a license holder in which the appropriate resolution involves a reprimand, administrative penalty, or a combination thereof under the appropriate schedule of sanctions.(f) The Council may assess a fee against a license holder participating in a remedial plan in an amount necessary to recover the costs of administering the plan.(g) In accordance with §507.205 of the Occupations Code, a remedial plan is confidential complaint information and not subject to public disclosure.", "sourceNote": "Source Note: The provisions of this §884.51 adopted to be effective September 1, 2020, 45 TexReg 4770." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200252", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "G", "label": "COMPLIANCE" }, "rule": { "number": "§884.55", "label": "Monitoring Compliance with Disciplinary Orders" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "221690", "queryAsDate": "03/11/2026" }, "ruleBody": "Each member board shall coordinate with agency staff and be responsible for monitoring its applicants and licensees who are ordered by the Council to take or undergo certain corrective, preventative, or rehabilitative steps within a disciplinary or eligibility order. The member boards shall ascertain whether its applicants and licensees are performing the required acts within the designated time period, and make appropriate recommendations to the Council for modification of the terms of an order or for further enforcement proceedings based upon noncompliance.", "sourceNote": "Source Note: The provisions of this §884.55 adopted to be effective September 1, 2020, 45 TexReg 4771." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=221690&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "221690", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "H", "label": "CONTESTED CASES" }, "rule": { "number": "§884.60", "label": "Depositions, Subpoenas, and Witness Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200256", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with §§2001.089 and 2001.094 of the Government Code and §507.206 of the Occupations Code, on the written request of any party, the executive director may issue a commission for a deposition or a subpoena to require the attendance of witnesses or the production of tangible items in a contested case docketed at SOAH.(b) If the commission or subpoena is for a witness to attend a deposition or a hearing, the written request shall contain the name and address of the witness and the date and location where the witness must appear.(c) If the subpoena is for the production of tangible items, the written request shall contain a description of the items, the name and address of the person who has custody of the items, and the date and location where they must be produced.(d) Each subpoena or commission request shall contain a statement why it should be issued.(e) The executive director shall issue a subpoena or commission if there is good cause.(f) A witness who is not a party and who is subpoenaed to appear at a deposition or hearing is entitled to reimbursement for expenses in accordance with Texas Government Code §2001.103.(g) The party or agency at whose request a witness appears or the deposition is taken shall be responsible for payment of the expenses required by this rule.(h) A party requesting a commission or subpoena shall deposit funds with the Council, in the form of a check or money order made payable to the witness, sufficient to cover the anticipated expenses for complying with the subpoena. The executive director may not issue a party's subpoena or commission until sufficient funds are deposited.(i) The Council shall forward the deposited funds to the witness via certified mail, along with a copy of the subpoena or commission. Alternatively, if the party requesting the subpoena or commission wishes to serve the witness by another means then the deposited funds shall be returned to that party, via regular or certified mail, along with a copy of the subpoena or commission to be served by the requesting party.(j) In accordance with §§2001.089 and 2001.094 of the Government Code and §507.206 of the Occupations Code, the executive director or presiding member of the Council has the exclusive authority to issue a commission or subpoena, as well as approve or deny a request for the same.", "sourceNote": "Source Note: The provisions of this §884.60 adopted to be effective November 14, 2024, 49 TexReg 8922." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200256", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "H", "label": "CONTESTED CASES" }, "rule": { "number": "§884.61", "label": "Contested Case Hearing Costs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Costs associated with a contested case hearing before SOAH shall be determined according to the rules in 1 TAC §155.423 unless determined in accordance with subsection (b) of this section.(b) On the written request by a party to a case or on request of the ALJ, a written transcript of all or part of the proceedings shall be prepared. The cost of the transcript is borne by the requesting party. This section does not preclude the parties from agreeing to share the costs associated with the preparation of a transcript. If only the ALJ requests a transcript, costs will be assessed to the respondent(s) or applicant(s), as appropriate.", "sourceNote": "Source Note: The provisions of this §884.61 adopted to be effective September 1, 2020, 45 TexReg 4772." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200254", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "H", "label": "CONTESTED CASES" }, "rule": { "number": "§884.62", "label": "Final Decision and Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A final decision or order following a contested case at SOAH shall be in writing and shall be signed by the presiding officer for the Council.(b) A party who appeals a final agency decision or order must pay all costs for the preparation of the original or a certified copy of the record of the agency proceeding that is required to be transmitted to the reviewing court.", "sourceNote": "Source Note: The provisions of this §884.62 adopted to be effective September 1, 2020, 45 TexReg 4772." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200255", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "H", "label": "CONTESTED CASES" }, "rule": { "number": "§884.63", "label": "Motion for Rehearing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200257", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A motion for rehearing is a prerequisite to appeal from a Council's final decision or order in a contested case. A motion for rehearing shall be filed and handled in accordance with Government Code, Chapter 2001, Subchapter F.(b) The Executive Director is authorized to grant or deny requests to extend the deadline for filing a motion for rehearing in accordance with Government Code, Chapter 2001, Subchapter F.(c) In the event of an extension, the motion for rehearing may be overruled by operation of law in accordance with Government Code, Chapter 2001, Subchapter F.", "sourceNote": "Source Note: The provisions of this §884.63 adopted to be effective September 1, 2020, 45 TexReg 4772." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200257", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "884", "label": "COMPLAINTS AND ENFORCEMENT" }, "subchapter": { "number": "H", "label": "CONTESTED CASES" }, "rule": { "number": "§884.65", "label": "Corrected Final Decision and Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225386", "queryAsDate": "03/11/2026" }, "ruleBody": "The Executive Director may enter a corrected order to correct a clerical mistake in an order of the Council.", "sourceNote": "Source Note: The provisions of this §884.65 adopted to be effective September 1, 2020, 45 TexReg 4772." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225386", "currentQueryAsDate": "03/11/2026", "title": { "number": "22", "label": "EXAMINING BOARDS" }, "part": { "number": "41", "label": "TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL" }, "chapter": { "number": "885", "label": "FEES" }, "rule": { "number": "§885.1", "label": "Executive Council Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220236&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220236", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General provisions.(1) All fees are nonrefundable, nontransferable, and cannot be waived except as otherwise permitted by law. Any attempt to cancel, initiate a chargeback, or seek recovery of fees paid to the Council may result in the opening of a complaint against a licensee or applicant.(2) Fees required to be submitted online to the Council must be paid by debit or credit card. All other fees paid to the Council must be in the form of a personal check, cashier's check, or money order.(3) For applications and renewals the Council is required to collect fees to fund the Office of Patient Protection (OPP) in accordance with Texas Occupations Code §101.307, relating to the Health Professions Council.(4) For applications, examinations, and renewals the Council is required to collect subscription or convenience fees to recover costs associated with processing through Texas.gov.(5) All examination fees are to be paid to the Council's designee.(b) The Executive Council adopts the following chart of fees:(1) Fees effective through August 31, 2023.Attached Graphic(2) Fees effective on September 1, 2023.Attached Graphic(c) Late fees. (Not applicable to Inactive Status)(1) If the person's license has been expired (i.e., delinquent) for 90 days or less, the person may renew the license by paying to the Council a fee in an amount equal to one and one-half times the base renewal fee.(2) If the person's license has been expired (i.e., delinquent) for more than 90 days but less than one year, the person may renew the license by paying to the Council a fee in an amount equal to two times the base renewal fee.(3) If the person's license has been expired (i.e., delinquent) for one year or more, the person may not renew the license; however, if eligible the person may apply for reinstatement of the license.(d) Open Records Fees. In accordance with §552.262 of the Government Code, the Council adopts by reference the rules developed by the Office of the Attorney General in 1 TAC Part 3, Chapter 70 (relating to Cost of Copies of Public Information) for use by each governmental body in determining charges under Government Code, Chapter 552 (Public Information) Subchapter F (Charges for Providing Copies of Public Information).(e) Military Exemption for Fees. All licensing and examination base rate fees payable to the Council are waived for applicants who are: (1) military service members and military veterans, as those terms are defined by Chapter 55, Occupations Code, whose military service, training, or education substantially meets all licensure requirements; or(2) military service members, military veterans, and military spouses, as those terms are defined by Chapter 55, Occupations Code, who hold a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements of this state.", "sourceNote": "Source Note: The provisions of this §885.1 adopted\r\nto be effective September 1, 2020, 45 TexReg 4772; amended to be effective\r\nFebruary 9, 2021, 46 TexReg 916; amended to be effective September\r\n19, 2021, 46 TexReg 6264; amended to be effective February 27, 2022,\r\n47 TexReg 786; amended to be effective November 23, 2022, 47 TexReg\r\n7696; amended to be effective March 27, 2024, 49 TexReg 1947; amended\r\nto be effective November 14, 2024, 49 TexReg 8923; amended to be effective\r\nJuly 20, 2025, 50 TexReg 4019." } ] }